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

Vol. 144 WASHINGTON, FRIDAY, JUNE 19, 1998 No. 81 House of Representatives The House met at 9 a.m. and was PLEDGE OF ALLEGIANCE The Senator from Alabama (Mr. SES- called to order by the Speaker pro tem- The SPEAKER pro tempore. Will the SIONS). pore (Mr. LATOURETTE). gentleman from North Carolina (Mr. f f BALLENGER) come forward and lead the House in the Pledge of Allegiance. ANNOUNCEMENT BY THE SPEAKER DESIGNATION OF THE SPEAKER Mr. BALLENGER led the Pledge of PRO TEMPORE PRO TEMPORE Allegiance as follows: The SPEAKER pro tempore. The The SPEAKER pro tempore laid be- I pledge allegiance to the Flag of the Chair announces that he will entertain fore the House the following commu- United States of America, and to the Repub- five 1-minutes on each side. nication from the Speaker: lic for which it stands, one nation under God, indivisible, with liberty and justice for all. f WASHINGTON, DC, f June 19, 1998. HAPPY FATHER’S DAY FROM THE I hereby designate the Honorable STEVEN MESSAGE FROM THE SENATE FATHERHOOD PROMOTION TASK C. LATOURETTE to act as Speaker pro tem- FORCE pore on this day. A message from the Senate by Mr. NEWT GINGRICH, Lundregan, one of its clerks, an- (Mr. PITTS asked and was given per- Speaker of the House of Representatives. nounced that the Senate had passed mission to address the House for 1 minute and to revise and extend his re- f without amendment a bill of the House of the following title: marks.) PRAYER H.R. 1316. An act to amend chapter 87 of Mr. PITTS. Mr. Speaker, as the co- title 5, United States Code, with respect to chair of the Task Force on Fatherhood The Chaplain, Reverend James David the order of precedence to be applied in the Promotion, I rise today to discuss the Ford, D.D., offered the following pray- payment of life insurance benefits. importance of a faithful father. er: The message also announced that the With Father’s Day this Sunday, it is With gratefulness and joy we cele- Senate passed bills of the following ti- vital that we pause to thank the men brate that Your grace, O God, is suffi- tles, in which concurrence of the House across this country who have given cient for all our needs and available to is requested: time to their children, love them, dis- us in all the reaches of our lives. If we cipline them and show their commit- live with the good fortune of life, You S. 1104. An act to direct the Secretary of the Interior to make corrections in maps re- ment to keeping a family together. are there, and if we suffer and know an- lating to the Coastal Barrier Resources Sys- When more than 50 percent of all guish, You are there. Whether in the tem. adults agree that fathers today spend heights of happiness or in the depths of S. 1279. An act to amend the Indian Em- less time with their children than their ployment, Training and Related Services despair, whether at the end of the day own fathers did with them, this should or at the morning light, in youth or Demonstration Act of 1992 to provide for the transfer of services and personnel from the cause us to pause. We must consider age, in all the seasons of our existence, the reality that only if we spend time we can be confident that Your spirit Bureau of Indian Affairs to the Office of Self- Governance, to emphasize the need for job with our kids now will they desire time leads us and Your grace accepts us, creation on Indian reservations, and for with us later. whatever we have been and wherever other purposes. As Father’s Day comes and goes we are. The message also announced that again, we should resolve that the most For all these great gifts, O God, we pursuant to sections 276h–276k of title important relationship we will ever offer our praise and thanksgiving. 22, United States Code, as amended, the cultivate will not be here in the halls Amen. Chair, on behalf of the Vice President, of Congress, or over dinner downtown, f appoints the following Senators as or at a campaign fund-raiser, but will members of the Senate Delegation to be the ones that develop in our own THE JOURNAL the Mexico-United States Inter- homes. The SPEAKER pro tempore. The parliamentary Group meeting during To all those fathers who are working Chair has examined the Journal of the the Second Session of the One Hundred to be good dads: last day’s proceedings and announces Fifth Congress, to be held in Morelia, Keep up the valuable work that you to the House his approval thereof. Mexico, June 19–21, 1998— are doing. Society and, most impor- Pursuant to clause 1, rule I, the Jour- The Senator from Kansas (Mr. ROB- tantly, your own kids will say, ‘‘Thank nal stands approved. ERTS); and you.’’

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.

H4841 H4842 CONGRESSIONAL RECORD — HOUSE June 19, 1998 PRIVATIZATION SCHEMES TRADE absolutely no amount of evidence, ever WHERE DO THE REPUBLICANS AWAY SOCIAL SECURITY’S have the slightest impact on their STAND? GUARANTEE FOR A WALL thinking? STREET GAMBLE Mr. Speaker, I yield back the balance (Mr. PALLONE asked and was given of any thinking time they may have. permission to address the House for 1 (Mr. KUCINICH asked and was given minute.) permission to address the House for 1 f minute and to revise and extend his re- Mr. PALLONE. Mr. Speaker, Repub- licans continue to do everything they marks.) BEAM ME UP—TEACHERS IN can to block the teen smoking and the Mr. KUCINICH. Mr. Speaker, invest- AMERICA CANNOT EVEN MEN- campaign finance legislation. They ing Social Security in the stock mar- TION GOD? ket concedes to the hysteria manufac- want to preserve soft money and keep (Mr. TRAFICANT asked and was the obscenely large contributions from tured by Wall Street. They exaggerate given permission to address the House Social Security’s actuarial imbalance big tobacco and other special interests for 1 minute and to revise and extend rolling in to fill their campaign coffers. and call it a crisis. There is no crisis. his remarks.) With current tax and benefit rates re- We know on Wednesday Senate Re- Mr. TRAFICANT. Mr. Speaker, Mil- publicans killed the comprehensive bill maining constant, Social Security will dred Rosario, a sixth grade teacher in pay 100 percent of the benefits of future to help stop teen smoking, and the the Bronx, was fired. Mildred was fired GOP’s efforts showed where the Repub- recipients until 2032 without any for attempting to comfort her students change whatsoever. That is according licans stand: in the pocket of the big over the drowning loss of a fellow tobacco companies who want to snuff to the most conservative estimates classmate by simply saying he was in which assume extremely low economic out any real efforts to prevent kids heaven. from smoking. growth rates and high unemployment. Mildred was fired for saying, I quote, What private sector initiative can he was in heaven. And now we see the same thing hap- promise the same? What other program Unbelievable. pening with regard to managed care re- backed by the full faith and credit of In America teachers can pass out form, patient protections. We have not the United States? None. Only Social condoms in school. Teachers can pass been able to get a hearing on patient Security is guaranteed. out needles. Teachers can even have fo- protections; we have not had any effort Privatization schemes trade away rums and discussions on devil worship. really to try to bring a bill to the floor Social Security’s guarantee for a Wall But in America teachers cannot even that would reform managed care in the Street gamble. What goes up must go mention God. way that most Americans want to see down. All forms of privatization con- Beam me up. something happen this year in Con- stitute a cave-in and a back-track. A Nation that can discuss devil wor- gress, to make it possible for us to Members of Congress will soon be of- ship in our schools but cannot even have quality health care in this coun- fering a resolution that says Congress mention God is a Nation that has lost try. must guarantee that all obligations to both its sense of values and its sense of What we are seeing here on a regular current and future Social Security common sense. basis is Republican efforts to kill every beneficiaries will be paid in full. Amer- Mr. Speaker, I yield back any prob- major piece of progressive legislation, icans need to hear Congress reaffirm lems we have in our schools. whether it is the tobacco settlement, it its commitments to its citizens. is campaign finance reform, or it is Stand up for Social Security. f managed care reform. f THE PRESIDENT IS OPPOSED TO f THE PROBLEM IN EDUCATION IS EDUCATION SAVINGS ACCOUNTS NOT A QUESTION OF MONEY (Mr. BALLENGER asked and was AMERICA NEEDS REAL EDUCATION (Mr. GIBBONS asked and was given given permission to address the House REFORM permission to address the House for 1 for 1 minute.) minute and to revise and extend his re- Mr. BALLENGER. Mr. Speaker, it is (Mr. ROGAN asked and was given marks.) not very useful or helpful to debate an- permission to address the House for 1 Mr. GIBBONS. Mr. Speaker, will we other man’s motives. After all, how can minute and to revise and extend his re- ever learn from history? one possibly know the true motives in marks.) Last year the liberal Democrats said, another man’s heart? But how else can Mr. ROGAN. Mr. Speaker, what ‘‘We need to spend more money on edu- we explain the President’s opposition would it take to convince education cation because it will improve the edu- to perhaps the best single thing this bureaucrats that reformers are pro- cation of our children.’’ And so Con- Congress has done for our Nation’s education? Would an effort to give par- gress voted to do so. The year before children this year in the area of edu- ents more control over their children’s that, the message was exactly the cation? education do it? Would a program that same: Spend more money. And Con- Yesterday the President indicated gives children trapped in terrible gress did. that he plans to veto the Coverdell leg- schools the opportunity to go to a bet- And the year before that, we heard islation that would allow parents, ter school do it? How about reforms in the same arguments: Spend more guardians, even corporations and place around the country that offer dis- money, and children will do better in unions to set aside up to $2,000 per year advantaged children real hope for the school. And Congress did. in tax-free savings accounts. first time? And the year before that, the liberals Think about this: The President is were in full cry demanding that more opposed to education savings accounts. No, none of these are satisfactory to money be spent on education because This is something that middle-class the education bureaucrats, because that will surely improve student per- parents have been calling for for years. they oppose everything we are at- formance. And indeed Congress bowed What could possibly explain the opposi- tempting to do—from charter schools to those demands. tion of most of the Democrat Party to to parental choice to improve edu- But somehow we have still failed this pro-education bill? Could it be cation. The only way to convince them schools, and student performance is as that this party is utterly, totally, inex- is simply keep sending more money to dismal as ever. tricably beholden to the teachers’ spend from Washington, D.C. My question is to the other side: At unions, special interests that fight We Republicans reject this failed phi- what point do they conclude that the every single reform that might threat- losophy. We are going to pass legisla- problem in education is not a question en their power? tion to give control, as Governor John of money? Is the other side utterly in- This is special-interest politics at its Engler says, to parents who love their capable of thinking seriously about the worst, and our children are the ones children, and take it away from bu- question, or will no amount of failure, who are being short-changed by it. reaucrats who love their paychecks. June 19, 1998 CONGRESSIONAL RECORD — HOUSE H4843 BEST WISHES TO THE MEMBERS PROVIDING FOR CONSIDERATION may consume. During consideration of UNDERTAKING THE STUDY OF OF H.R. 4059, THE MILITARY CON- this resolution all time yielded is for OUR CURRENT RELATIONSHIP STRUCTION APPROPRIATIONS the purpose of debate only. WITH CHINA IN AN ELECTION ACT, 1999 House Resolution 477 is an open rule YEAR Mr. DIAZ-BALART. Mr. Speaker, by providing for the consideration of H.R. (Mr. SNYDER asked and was given direction of the Committee on Rules, I 4059, the Military Construction Appro- permission to address the House for 1 call up House Resolution 477 and ask priations bill for fiscal year 1999. minute.) for its immediate consideration. The rule provides for 1 hour of gen- Mr. SNYDER. Mr. Speaker, yester- The Clerk read the resolution, as fol- eral debate equally divided between the day this House voted to fund a $2.5 mil- lows: chairman and ranking minority mem- lion study of our current relationship ber of the Committee on Appropria- H. RES. 477 tions. Further, the rule waives points with China. The newly-appointed chair- Resolved, That at any time after the adop- man, a Republican, the gentleman from of order against the consideration of tion of this resolution the Speaker may, pur- the bill for failure to comply with California (CHRIS COX) and the ranking suant to clause 1(b) of rule XXIII, declare the member, a Democrat, the gentleman House resolved into the Committee of the clause 2 of Rule XXI, prohibiting unau- thorized appropriations or legislative from Washington (NORM DICKS), two Whole House on the state of the Union for well-respected Members of this body, consideration of the bill (H.R. 4059) making appropriations in general appropria- deserve our support and respect as they appropriations for military construction, tions bills, and clause 6 of Rule XXI, family housing, and base realignment and prohibiting reappropriations in general begin investigating whether our dec- closure for the Department of Defense for ades-long policy and current proce- appropriations bills. the fiscal year ending September 30, 1999, and Further, Members who have dures allowing commercial American for other purposes. The first reading of the preprinted their amendments in the satellites to be launched by Chinese bill shall be dispensed with. General debate Congressional RECORD prior to their rockets have inadvertently allowed shall be confined to the bill and shall not ex- consideration will be given priority transfer to the Chinese of information ceed one hour equally divided and controlled recognition to offer their amendments useful to the Chinese missile program. by the chairman and ranking minority mem- if otherwise consistent with House These are issues deserving thoughtful ber of the Committee on Appropriations. After general debate the bill shall be consid- rules. analysis, but unfortunately for the ered for amendment under the five-minute In addition, the rule grants the gentleman from California and the gen- rule. Points of order against provisions in Chairman of the Committee of the tleman from Washington they under- the bill for failure to comply with clause 2 or Whole the authority to postpone votes take this investigation at a time of in- 6 of rule XXI are waived. During consider- and reduce voting time to 5 minutes, ation of the bill for amendment, the Chair- tense rhetoric and prejudgment, and of provided that the first vote in a series course elections are 41⁄2 months away. man of the Committee of the Whole may ac- cord priority in recognition on the basis of is not less than 15 minutes. Mr. Speaker, I encourage this body to The rule provides for one motion to let these Members do their work unob- whether the Member offering an amendment has caused it to be printed in the portion of recommit, with or without instruc- structed by the hot rhetoric that some- the Congressional Record designated for that tions. times overtakes this body. The gen- purpose in clause 6 of rule XXIII. Amend- Finally, because we are still without tleman from California (Mr. COX) and ments so printed shall be considered as read. a budget resolution conference report, the gentleman from Washington (Mr. The chairman of the Committee of the Whole the rule provides that the allocations DICKS) and the other members of this may: (1) postpone until a time during further required by the Budget Act, section committee, we wish them well. consideration in the Committee of the Whole a request for a recorded vote on any amend- 302(a) of the Congressional Budget Act f ment; and (2) reduce to five minutes the min- of 1974 that sets out the process requir- ing those numbers, shall be considered KILLER CONGRESSMEN imum time for electronic voting on any post- poned question that follows another elec- as made to the Committee on Appro- (Ms. DELAURO asked and was given tronic vote without intervening business, priations. In other words, Mr. Speaker, permission to address the House for 1 provided that the minimum time for elec- we are using last year’s budget resolu- minute and to revise and extend her re- tronic voting on the first in any series of tion numbers, as adjusted for economic marks.) questions shall be 15 minutes. At the conclu- assumptions. sion of consideration of the bill for amend- Ms. DELAURO. Mr. Speaker, yester- ment the Committee shall rise and report The Committee on Rules hearing was day’s Washington Post headlines says the bill to the House with such amendments cordial and bipartisan, which I am told it all: GOP Kills McCain Tobacco Bill. as may have been adopted. The previous is a reflection of how the Subcommit- And in this body the Republicans lead- question shall be considered as ordered on tee on Military Construction of the ership is trying to derail campaign fi- the bill and amendments thereto to final Committee on Appropriations has nance reform. passage without intervening motion except acted during the stewardship of the Let me add what the Philadelphia In- one motion to recommit with or without in- gentleman from California (Mr. PACK- structions. quirer says today: Killer Congressmen. ARD), the chairman of the subcommit- So unfair to call this a do-nothing Con- SEC. 2. Pending the adoption by the Con- gress of a concurrent resolution on the budg- tee, and the gentleman from North gress. Top Republicans on the Hill are et for fiscal year 1999, the following alloca- Carolina (Mr. HEFNER), the ranking putting in a lot of hard work right now. tions contemplated by section 302(a) of the member. The gentleman from North Think it is easy to kill off the tobacco Congressional Budget Act of 1974 shall be Carolina (Mr. HEFNER) has been a tre- bill and campaign financing reform at considered as made to the Committee on Ap- mendous asset to this House, and his the same time? That is what they did propriations: contributions to a better quality of life yesterday, and that is what they con- (1) New discretionary budget authority: for our men and women in uniform are tinue to try to do. $531,961,000,000. truly commendable. The gentleman from Georgia (Mr. (2) Discretionary outlays: $562,277,000,000. I support this open rule as well as the (3) New mandatory budget authority: GINGRICH) and his minions are killing $298,105,000,000. underlying bill. The bill funds military off campaign finance reform. It is an (4) Mandatory outlays: $290,858,000,000. construction, family housing and base astute gamble. Thwarting the Shays- closure for the Department of Defense b Meehan bill may hurt their ability to 0915 for the fiscal year ending September 30, pose as reformers, but it will keep open The SPEAKER pro tempore (Mr. 1999. The spending level represents a the soft money spigot they count on to LATOURETTE). The gentleman from reduction in the underlying bill of $1 hold their House majority. Florida (Mr. DIAZ-BALART) is recog- billion from last year’s bill, $8.2 billion What more proof do we need that our nized for 1 hour. this year versus $9.2 billion for 1998, a political system is hopelessly broken? Mr. DIAZ-BALART. Mr. Speaker, for reduction from last year’s bill, and I Vote to fix our political system, vote the purpose of debate only, I yield the believe that the bill contains a reason- to end big money in campaigns, and customary 30 minutes to the gen- able amount of spending, with the ma- vote for real campaign finance reform. tleman from Ohio (Mr. HALL), pending jority of the money going to family Vote for the Meehan-Shays bill. which I yield myself such time as I housing. H4844 CONGRESSIONAL RECORD — HOUSE June 19, 1998 I commend the gentleman from Cali- Mr. HALL of Ohio. Mr. Speaker, I So when we total it all up, we have a fornia (Mr. PACKARD) and the gen- yield 5 minutes to the gentleman from $1.4 billion gimmick in this rule this tleman from North Carolina (Mr. HEF- Wisconsin (Mr. OBEY). morning. We had in the defense bill al- NER) for their hard work and coopera- Mr. OBEY. Mr. Speaker, this is really most $5 billion in excess of the caps if tion in bringing forward this Military an incredible process that we are going those caps are going to be counted on a Construction Appropriations bill, and I through here this morning. When the real basis; plus, we have in the Treas- would urge the adoption of both the majority party took control of the ury Post Office appropriation bill an- rule and the underlying bill. House, they said they would do things other $2 billion in excess of where the Mr. Speaker, I reserve the balance of differently, and they sure have. If we caps are supposed to bring us in. my time. take a look at what has happened, this So at this point I would simply say, Mr. HALL of Ohio. Mr. Speaker, I House has, or is supposed to have, an it is very, very difficult to figure out want to thank my colleague from Flor- orderly budget process. We are sup- what the rules are, because so far we ida (Mr. DIAZ-BALART) for yielding me posed to produce a budget resolution have been proceeding under 3 different the time, and I yield myself such time which defines priorities and defines sets of rules, 3 different sets of assump- as I may consume. overall spending patterns, and then and tions within the past 3 weeks. This resolution, which is H. Res. 477, only then are committees supposed to I have finally figured out what the is an open rule. It will allow for full bring up their legislation which fits rules are for spending this year. The and fair debate on H.R. 4059, which is within the budget resolution which has rules are whatever the Speaker’s office the Military Construction Appropria- been passed. says they are. So I am going to vote tions bill for fiscal year 1999. Instead, this House, this year, under against this rule because I think that As my colleague from Florida de- this leadership has blown that process this is an incredible way to run a rail- scribed, this rule provides for 1 hour of to smithereens. First it started with road. general debate, equally divided and the highway bill, which before the What has happened is that the Re- controlled by the chairman and rank- budget resolution was even considered publican leadership has brought to the ing minority member of the Committee ran that horse out of the barn. That floor the Kasich budget resolution, on Appropriations. bill wound up spending about $25 bil- which pretended to their most conserv- This rule permits germane amend- lion more than the budget allowed it to ative Members within the Republican ments under the 5-minute rule, which spend. Caucus that they intended to make is the normal amending process in the Then this House passed the Kasich these deep reductions shown by this House. All Members on both sides of budget, which indicated that they were chart. They are now bringing appro- the aisle will have the opportunity to going to make substantial reductions priation bills to the floor which totally offer amendments. below the budget which we agreed to ignore those levels. All I can say, fel- The Committee on Rules reported last year. This chart demonstrates the lows, if this is your idea of reform, I this rule without opposition in a voice difference between the Kasich budget would hate to see your idea of what the vote. and the budget that had been agreed to status quo is all about. This bill appropriates $8.2 billion for on a bipartisan basis with the White Mr. DIAZ-BALART. Mr. Speaker, we military construction, housing for House last year. Under that bipartisan have no further speakers at this time. military members and their families, agreement last year, we are already I yield myself such time as I may hospitals, and construction projects as- supposed to be cutting domestic discre- consume to simply reiterate that the sociated with base closings. This rep- tionary spending $43 billion below cur- underlying legislation being brought to resents a cut of about 11 percent below rent services. Under the Kasich plan the floor this morning has a cut in it, the level appropriated last year. which this House passed, which that a reduction in funding of $1 billion. The bill funds necessary capital im- side of the aisle passed, those cuts are That is not a reduction in growth, that provements to our Nation’s military increased to $64 billion by the fourth is an actual cut of $1 billion from last facilities. The bill places a special em- year. year’s bill, and that the Budget Act of phasis on the planning and the con- But then, having posed for political 1974 is complied with with the proce- struction of several barracks, family holy pictures by saying that they are dure that we are following this morn- housing and operational facilities. going to cut that amount in the ge- ing. The bill contains funding for 3 neric, what has happened? They then Equally as important, the legislation projects at Wright-Patterson Air Force bring to the floor appropriation bills that we are bringing to the floor this Base, which is partially located in my which do not meet the Kasich targets, morning is under an open rule where district. This includes money to re- and now we are supposed to, under this every Member will have the oppor- store 40 units of family housing. rule, for instance, approve a proposal tunity to propose any amendment that The bill also funds construction of a which has a $1.4 billion adjustment in the membership may wish to. building to consolidate the Aeronauti- this year alone to the Kasich budget. We are striving to bring as many cal System Center’s acquisition sup- That is not the only variance from the pieces of legislation to the floor with port functions. Kasich budget that we have here today, open rules as possible. We are proud of The third Wright-Patterson project and it certainly is not the only vari- our record in that regard, and we will will renovate a C–141–C flight simula- ation from square budgeting. continue to bring as much legislation tion training facility for the Air Force Because in addition to this $1.4 bil- as possible to the floor under this open Reserve. lion gimmick, the committee is also rule process which grants every Mem- I also wish to call to the attention of bringing appropriation bills to the ber the opportunity to bring forth any my colleagues an extra provision in the floor which exempt from the caps, amendment that is germane. rule which essentially scraps the budg- which they just imposed, spending to So with that in mind and stating it et resolution that we just passed on the solve our computer problem for the once again that this is an open rule, I floor of this House 2 weeks ago. year 2000; in addition to which they would urge the adoption of the rule and The rule we are now voting on estab- brought additional spending to the reserve the balance of my time. lishes that the Committee on Appro- floor in the defense bill which provides Mr. HALL of Ohio. Mr. Speaker, I priations will use last year’s spending an additional amount of spending yield 5 minutes to the gentleman from targets, not the ones we adopted in the above the cap for computer security. South Carolina (Mr. SPRATT). House this year. In addition to that, the majority Mr. SPRATT. Mr. Speaker, let me ex- Mr. Speaker, passage of this bill is party which for years has said that the plain to the House our problem. This important to our national defense and CBO should be the Bible when it comes bill has a totally nongermane provision to our fighting forces. to determining what spending levels in it, this resolution. For the first time Mr. Speaker, I reserve the balance of are, they have just decided that they in the 15 or 16 years that I have been in my time. are going to direct the CBO to say that the House, and longer for the gen- Mr. DIAZ-BALART. Mr. Speaker, we the defense bill costs $2.5 billion less tleman from Wisconsin (Mr. OBEY), we have no further speakers at this time. than it actually costs. are using a rule to comply with the June 19, 1998 CONGRESSIONAL RECORD — HOUSE H4845 Budget Act. We are making budget ple of weeks ago, and already we are are still without a budget resolution process procedures here in a rule. beginning to unravel that resolution. conference report the rule provides b 0930 We saw it almost unravel here on the that the allocations required by the House floor. And the last thing I said Budget Act, section 302(a) of the Con- Buried in this rule dealing with mili- about it is we passed a resolution, but gressional Budget Act of 1974 that sets tary construction appropriations is a what have we passed? Because the out the process requiring those num- major budget resolution provision. No black hole in the middle of it leaves as bers, shall be considered as made to the notice. Simply stuck in there with the much unresolved as resolved. Here we Committee on Appropriations. numbers. So that anyone who did not begin to see one of the mysteries of the In other words, we are using last follow the numbers would not really black hole in the middle of that resolu- year’s budget resolution numbers as understand the significance of this pro- tion. We have to come out here and adjusted for economic assumptions. vision. patch it up with a military construc- Mr. POMEROY. Mr. Speaker, will the But here is the significance of it. tion spending resolution on the House gentleman yield? This is an admission of failure. The Floor. Mr. DIAZ-BALART. I yield to the Budget Act says that the budget reso- But nobody should mistake the im- gentleman from North Dakota. lution must be completed by Congress, port of this. We have just raised spend- Mr. POMEROY. Mr. Speaker, I have a through the House, through the Sen- ing and, therefore, I guess reduced the question on that specific point, because the Budget Act provides a way for the ate, through conference, a concurrent tax cut that the Republicans would appropriations process to go forward in resolution passed by April 15. We are make in their budget resolution by at the absence of a budget resolution. It already more than two months delin- least a $1.1 billion. The resolution we requires a letter from the chairman, quent. More delinquent, later than ever passed, even though we had passed and that is specifically provided under before in the 25 years that we have had ISTEA, the renewal of the highway section 302(a)(5) of the Federal code. a budget process. funding bill called T–21, the Transpor- In order to complete the process, the The Budget chairman is directed tation Equity Act for the 21st Century, then to write a letter relative to the al- reason we have this deadline is so that even though we had passed that and the Committee on Appropriations can locations and that allows the appro- even though that increased spending priations process to move. begin its allocation process. It has 13 under the Balanced Budget Agreement subcommittees. The resolutions that Will the gentleman tell us whether above the Balanced Budget Agreement the chairman has written a letter as we pass of spending functions has to be by $35 billion and that had to be ac- allocated to the separate subcommit- provided in the Budget Act? commodated, the budget resolution Mr. DIAZ-BALART. Mr. Speaker, re- tees. And unless we get this done time- passed by this House totally ignored it claiming my time, we have complied ly, the Committee on Appropriations and left it to be worked out later. And not only with the spirit but with the cannot get their bills to the floor. here we are working it out in this letter of the law, the Budget Act. And But anticipating that we might not stealthy fashion. A billion here, a bil- I have in my possession, and I would be do it timely, there is a provision in the lion there, and pretty soon we are talk- glad to give my distinguished friend a Budget Act that gives the chairman of ing real money. This is some way to copy, a letter from the chairman of the the Committee on the Budget the au- run a budget process. Committee on Appropriations where thority to file a spending allocation Mr. OBEY. Mr. Speaker, will the gen- the following among other things is which the Committee on Appropria- tleman yield? stated: tions can then take and suballocate. It Mr. SPRATT. I yield to the gen- This procedure that we are using, is section 302(a)(5) of the Budget Act. tleman from Wisconsin. that complies not only with the spirit So, Mr. Speaker, we have a procedure Mr. OBEY. Mr. Speaker, I agree with but with the letter of the Budget Act, established not by rule of the House, the gentleman that this is a stealthy has been done in previous years when not by a resolution, but established by process. Will this budget fly in the the conference on the budget resolu- law. It is statutory law of the United rain? I know the B–2 will not fly in the tion was late. And further, the chair of States giving the chairman of the Com- rain. Will this budget fly in the rain? the Committee on Appropriations mittee on the Budget the authority to Mr. DIAZ-BALART. Mr. Speaker, I states if the conference agreement on notify the chairman of the Committee yield myself such time as I may con- the budget resolution should adjust on Appropriations that this is his sume. these numbers that we are using in this spending allocation which he can sub- Mr. Speaker, I must commend my appropriations bill that is brought to allocate. dear friends on the other side of the the floor today, the committee will ad- So the first question is why did we aisle for their extraordinary imagina- just, the Committee on Appropriations not follow black letter rules? Why did tion and parliamentary ability, par- will adjust its allocation and reflect we not follow the statutory law of the liamentary ability which obviously is such changes in further suballocations United States as prescribed in the connected to imagination. for later bills. Budget Act? Why do we bury in a A number of points have just been But what I wanted to make reference MILCON rule this arcane provision made that were fascinating. Number to was in regard to the great imagina- that nobody would understand unless one, that a mysterious provision has tion showed by my colleagues on the he followed the letter of the budget been buried in this rule. That was said other side of the aisle when they talk process? What is happening here? What more than one. Very interesting. My about the stealth procedures that are is this all about? A totally nongermane recollection this morning was that the being utilized. Stealth procedures. provision buried for the first time in a Speaker recognized me first and that I When I brought out, the Committee on construction bill. Why do not we sim- granted time to my dear friend, the Rules brought out in his rule in writing ply have the chairman of the Commit- gentleman from Ohio (Mr. HALL). The for everyone interested to read, but I tee on the Budget write the letter that gentleman from Massachusetts (Mr. brought out in my oral statement this is necessary? MOAKLEY) was here on the floor first, morning opening this debate what we Then we notice there is a slight dis- so I granted time to the gentleman are doing fully in compliance with the crepancy, if we consider a billion dol- from Massachusetts and then the gen- Budget Act of 1974. So that is some- lars slight, because these numbers add tleman from Ohio has been controlling thing I think is important to point out. up to $1.1 billion in budget authority the time for our distinguished friends Also, Mr. Speaker, I would like to and $1.4 billion in actual spending, we on the other side of the aisle. point out that was stated more than call it outlays, more than was provided Now, when the Speaker recognized once by our distinguished friends that for in the Kasich resolution, the House me and I made a brief statement this we are raising spending. I remember I Republican resolution which narrowly morning describing the rule, this open used to be in the State legislature in passed the House just a couple of weeks rule with which we are bringing the un- Florida and a lot of times when discus- ago. derlying legislation to the floor, it is sions would occur with regard to reduc- So the whole House spoke on this not only in the rule but I mentioned on tions in the growth of government subject and passed a resolution a cou- the floor and I will repeat, because we spending, those would be called cuts. H4846 CONGRESSIONAL RECORD — HOUSE June 19, 1998 Here in Washington in the 6 years the gentleman that the budget laws for Mr. POMEROY. I yield to the gen- since I have been here, often we have this country say that when there is not tleman from Wisconsin. seen that when reductions in the a budget resolution passed by Congress, Mr. OBEY. Mr. Speaker, what needs growth of government are referred to, the procedure provided in the statute is to be understood is that this is not a they are called cuts. And yet the un- to have the Committee on the Budget rule on the military construction bill. derlying legislation that we are bring- Chairman submit a letter with the This is a rule which allows this House ing this morning to the floor, the mili- spending allocations. to totally ignore the budget resolution tary construction bill, does not reflect The gentleman said he had received a that just passed 2 weeks ago on this a reduction in the growth of govern- letter from the chairman, and quoted and every another appropriation bill ment spending. No, no. It brings to the from it. that comes to the House. floor an actual cut in the budget of a Mr. DIAZ-BALART. Mr. Speaker, of b 0945 billion dollars, from $9.2 billion to $8.2 the Committee on Appropriations. billion. Mr. POMEROY. Oh, the gentleman That is the problem, this is not a So what I am saying is obviously received a letter from the Appropria- military construction rule. This is a what we are seeing this morning is tions chairman. rule that blows away the votes that my great talent, imagination, parliamen- Mr. DIAZ-BALART. That is the let- colleagues just cast 2 weeks ago in tary ability. But I think that I cer- ter that I have before me. favor of the Kasich budget, and my col- tainly have never seen in the context Mr. POMEROY. Mr. Speaker, re- leagues are trying to hide it. of an open rule being brought to the claiming my time, I appreciate the Mr. POMEROY. Reclaiming my time, floor for legislation so that all these gentleman for making that distinction. I hope every Member watching this is amendments and all these ideas and all Mr. Speaker, I have a follow-up ques- aware that, in essence, this is nothing this imagination can be reflected in tion. The Budget Act does not provide more than a flat-out House amendment the context of an open rule, where or specify in any way about a letter of the budget we passed 2 weeks ago, an every Member can come to the floor from the Committee on Appropriations amendment adding more than $1 billion and debate ad infinitum if they wish in chairman. The procedure is that the in spending, because the figures simply the context of our open rule, Mr. Committee on the Budget chairman do not jive. Speaker, which is something that was must submit a letter relative to the This rule would allow spending at the very rare when the other side con- spending allocations so that the body rate of $531.9 billion, and the Budget trolled the majority, we are seeing all may proceed. Act is $530.8 billion, a difference of well these signs of imagination. All of these My question is has the Committee on over a billion dollars in budget author- signs of parliamentary ability. All of the Budget chairman submitted a let- ity, nearly $1.4 billion in budget out- these signs of talent. ter pursuant to the legal requirement lay. What they are trying to do in the Mr. Speaker, I would say to my col- of the Budget Act? rule is essentially amend the budget leagues on the other side of the aisle, Mr. DIAZ-BALART. Mr. Speaker, if that we had enacted just 2 weeks ago. why not wait and during the open rule the gentleman would continue to yield, My question, though, continues to be which we are granting, which is some- I am not in possession of that letter. whether or not there is even legal au- thing that they rarely gave to us, why But what I do know is that the proce- thority for this provision because the not wait during all the time in the dure set forth by the Budget Act has Budget Act sets the rules. The rules world that we are granting for all of been fully complied with, and that the are you have got a budget resolution. If this maneuvering on the open floor? Budget Act contemplates the possibil- you do not have a budget resolution, Instead, they bring it during the open ity that we are dealing with at this you have a budget chairman letter. We rule to obfuscate the fact that we are time. This is not the first time we are do not have the resolution. We do not bringing an open rule. To obfuscate the dealing with it and in that contempla- have the letter. I seriously question fact that they rarely brought an open tion, if I may answer—— whether or not this procedure com- rule. To divert the attention of the Mr. POMEROY. Mr. Speaker, my ports with the Budget Act. membership to the fact that this Re- time is running, so if the gentleman I will be checking with the Parlia- publican majority has a much higher would get to the point, please. mentarian in terms of whether or not a percentage of open rules that it brings Mr. DIAZ-BALART. Then I cannot point of order might be raised in terms to the floor than the Democrats when answer the gentleman’s question if he of whether this body is acting outside they were in the majority. will not give me the time to answer his of Federal law relative to this budget Mr. Speaker, I reserve the balance of question. issue. my time. Mr. POMEROY. Mr. Speaker, re- I do want to emphasize, as an aside, Mr. HALL of Ohio. Mr. Speaker, I claiming my time, I think we have a that this has nothing to do with yield 5 minutes to the gentleman from filibuster going on. Reclaiming my MILCON. In fact, the gentleman from North Dakota (Mr. POMEROY). time. Let me really take issue with the California (Mr. PACKARD) and the gen- Mr. POMEROY. Mr. Speaker, I thank gentleman from Florida from the ma- tleman from North Carolina (Mr. HEF- the gentleman from Ohio (Mr. HALL) jority when he says that the Budget NER) are known for their bipartisan for yielding me this time. Act has been fully complied with. It fairness. As a minority member, I can Mr. Speaker, I would ask the gen- has not. tell you that the MILCON committee tleman from Florida (Mr. DIAZ- There is a procedure. The procedure has always listened carefully to my BALART), my friend, if he might take a is, first of all, the House and Senate concerns and been respectable to them. question. have to pass a budget resolution by Mr. DIAZ-BALART. Mr. Speaker, I Mr. DIAZ-BALART. Mr. Speaker, if April 15. Obviously, that has not taken would simply reiterate that we are the gentleman would yield, I would be place. There is a fail-safe provision, be- fully complying with the Budget Act of glad to. cause I will be the first to admit the 1974 and all other laws and obviously Mr. POMEROY. Mr. Speaker, the Democratic majority routinely blew the rules of the House. question gets to that letter that I was that April 15 deadline. But the follow- Mr. Speaker, I reserve the balance of asking about, and I did not want to up provision is that the Committee on my time. pursue it on the gentleman’s time, so the Budget chairman must submit a Mr. HALL of Ohio. Mr. Speaker, I he could make his point. But it really letter with the spending allocations. yield 5 minutes to the gentleman from relates specifically to the legal require- Here the gentleman from Florida says Maryland (Mr. CARDIN). ments before this body under the Budg- he has no letter from the Committee Mr. CARDIN. Mr. Speaker, let me et Act. on the Budget chairman. He says that thank the gentleman from Ohio (Mr. Mr. Speaker, I ask the gentleman the act has been fully complied with, HALL) for yielding me this time. whether a letter had been submitted by but he has no letter. That cannot be Mr. Speaker, to my friend from Flor- the chairman of the Committee on the case. ida, if he wishes to respond, I will be Budget, as required under section Mr. OBEY. Mr. Speaker, will the gen- glad to yield him some time. The gen- 302(a)(5) of the Budget Act. I reminded tleman yield? tleman brags that this is an open rule. June 19, 1998 CONGRESSIONAL RECORD — HOUSE H4847 We have always had open rules on colleagues bring out a resolution from mittee on Rules would do anything it MILCON bills ever since I have been in the Committee on Rules that changes wants to do. this Congress. We have always had an the budget resolution that was passed But let me tell my colleagues some- open process on military construction. on this floor. Then my colleagues say thing, in the 12 years that I have been But the amendment in the rule that we it is an open process, and we have no here, to answer the ranking member on are concerned about deals with budget opportunity to offer any amendments the Committee on Appropriations, we allocations which has nothing to do to deal with it. have never had anything but an open with the MILCON budget. So my colleagues just cannot get rule on military construction. My question is, the gentleman is their act together on this budget. We Mr. DIAZ-BALART. Mr. Speaker, I bragging that this is an open process understand that. My colleagues have yield as much time as he may consume that we will be able to offer any got differences with their own caucus, to the gentleman from New York (Mr. amendments that we want to once this but they are not willing to bring every- SOLOMON), chairman of the Committee rule is adopted. Once this rule is adopt- body into the process. If they did, as we on Rules. ed, will I be able to offer an amend- did last year, we would be able to reach Mr. SOLOMON. Mr. Speaker, I have ment that will adjust the budget allo- a bipartisan agreement and be able to been sitting over in my office listening cations on the MILCON bill? move forward with the appropriation to what has been going on here. I have Mr. Speaker, I yield to the gentleman process. But that is not what they are been a Member of this body for 20 from Florida to answer that question. interested in doing. years. I served 16 years in the minor- Mr. DIAZ-BALART. The gentleman, Mr. Speaker, I yield to my friend, the ity. In those 16 years, I have seen the as one of the most distinguished Mem- gentleman from Wisconsin (Mr. OBEY). Democratic majority in an arrogant bers of this House and someone who is Mr. OBEY. Mr. Speaker, the gen- way treat this minority like they were extraordinarily knowledgeable of the tleman from Florida makes much of a piece of you know what. rules of the House knows—— the fact that this is an open rule. I defy When we took over 4 years ago, when Mr. CARDIN. That I will not be able him to name one year when the Demo- the American people decided they have to offer an amendment. had enough of this hypocrisy, we began cratic Party, when it was in control, Mr. DIAZ-BALART. That the gen- to produce rules that were fair to both brought to the floor anything but an tleman can oppose the previous ques- the majority and the minority in this open rule on the military construction tion on this rule and make that point House. Sure, they are not always open bill. precisely to oppose the previous ques- rules. They cannot be. You know that. Mr. CARDIN. Mr. Speaker, I am glad tion. You were in the majority for 16 years. to yield to the gentleman from Florida Mr. CARDIN. Reclaiming my time. But when I hear people come on the Mr. DIAZ-BALART. Fine. if he can tell us when there has not floor today and start criticizing this Mr. CARDIN. For the rule that my been an open rule on MILCON. military construction rule, which is an Mr. DIAZ-BALART. Mr. Speaker, colleagues brought out that they brag open rule, and it has one little adden- what I am most impacted by at this is an open rule that deals with the dum that was not even questioned, but budget allocations for this country, if point—— when I hear people come on this floor Mr. OBEY. Can the gentleman name it is adopted, I am not going to be able and start saying, oh, you are picking a year? to offer any amendments to adjust up last year’s budget levels, let me tell Mr. DIAZ-BALART. If the gentleman those budget allocations, because it is my colleagues what would happen if we wants to interrupt me before I can even not even germane to the rule that is did not do that, Mr. Speaker. being brought out to consider the answer my questions, then that is his Suppose it were not in here. Do you MILCON bill. prerogative. I am not going to be an- know how the reverse of this debate Be honest out here as to how my col- swering with constant interruptions. would be going? The same people, the leagues are handling this. This is not The gentleman thinks he is funny by same Members would be saying, oh, the regular procedures of the House. getting up and saying, will you yield, you know, this is terrible. You Repub- The regular procedures of the House and before I can even answer, he does licans have not adopted the budget yet. would be that we would adopt a budget not even allow me to answer. So we cannot go ahead with our appro- resolution, and that would become the Mr. OBEY. The gentleman is avoid- priation bills. It is imperative that we allocations. That is supposed to be ing the question. go ahead right now and we pass these done by April 15. My colleagues missed Mr. DIAZ-BALART. In the Commit- appropriations bills. that deadline. tee on Rules, neither you there nor So my colleagues would be arguing So now the Committee on the Budget anyone else was asking to change this just the opposite of what they are chairman is supposed to give alloca- rule. today. The one thing that the Amer- tions. The Committee on the Budget Mr. OBEY. The answer is there was ican people will not accept is hypoc- chairman has different views than the not a year. risy. I mean, stand up here and say it Committee on Appropriations chair- Mr. DIAZ-BALART. So the bottom one way or the other, but do not say it man. So the Committee on the Budget line is this is an open rule, Mr. Speak- both ways. chairman is not even here to defend er. We are proud of this open rule. It is Mr. OBEY. Mr. Speaker, will the gen- these allocations. a lot better than the other side did tleman yield on that? Let me just compliment my friend, when they controlled the majority. Mr. SOLOMON. I yield to the gen- the gentleman from South Carolina ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE tleman from Wisconsin, one of my best (Mr. SPRATT), because he offered an al- The SPEAKER pro tempore (Mr. friends in this body. ternative budget that dealt with dis- LATOURETTE). The gentlemen will sus- Mr. OBEY. Mr. Speaker, let me make cretionary spending which was in com- pend. perfectly clear to the gentleman from pliance with the Balanced Budget Act The time is controlled by the gen- New York, there is nothing wrong with of last year. tleman from Maryland (Mr. CARDIN). the rule on the military construction My colleagues are now accepting The Chair would ask the indulgence of bill. The problem is the new budget res- some of the allocations from the gen- Members to speak one at a time and olution that my colleagues have tleman from South Carolina (Mr. only when yielded to. slipped into it which allows them to SPRATT), but our problem is how are we Mr. CARDIN. Mr. Speaker, I appre- spend billions of dollars more than going to pay for it? Are we going to go ciate that. Just to respond, on a mili- they told the country they were going into the surplus and use the surplus tary construction rule, I did not think to spend just 10 days ago. That is the and not protect Social Security? Are it was necessary for me to go to the problem. If the gentleman is looking we going to cut Medicare? How are we Committee on Rules to talk about for a definition of hypocrisy, I would going to pay for this? These are ques- budget allocations. I would have suggest that maybe he ought to look at tions we ask when we do a budget reso- thought that the Committee on Rules that. lution. would be dealing with military con- Mr. SOLOMON. Let me say to my A budget resolution should mean struction. I admit that was naive on good friend, he has a photostatic mem- something around here. But, no, my my part. I should know that this Com- ory. I know him. I have served with H4848 CONGRESSIONAL RECORD — HOUSE June 19, 1998 him for 20 years. He pulls things out of Mr. STENHOLM. Mr. Speaker, we process so we do not get into a position the air, and I say how did he remember have had a fascinating discussion, and of shutting down the government, the that. Sometimes, most of the times, it I want to emphasize, too, I have no only way is to deem last year’s figures, is truthful. But let me do the same problem with the rule on military con- which is what we did in 1985. The gen- thing. I have got a little photostatic struction. That is not the issue that tleman knows that. memory, too. has me upset and concerned today. Mr. STENHOLM. Reclaiming my Back on July 23, 1985, in H.R. 5231, I am glad to see the chairman of the time, Mr. Speaker, I think it is clear to there is the exact same deeming provi- Committee on Rules has stayed on the everyone that we are completely and sion sponsored by the gentleman from floor, because, with all of the state- totally ignoring the rules of the budget Wisconsin (Mr. OBEY). That is what the ments that have been made about fair process. That is a given. Committee on Rules did. rules, I would like to take the oppor- There is no problem with the mili- Mr. OBEY. But what did it deem? tunity now to ask him: Why did the tary construction bill we will take up. Mr. SOLOMON. It deemed it. That is gentleman deny the opportunity of the It is an open rule, a fair rule, and one exactly what we are doing here. Blue Dogs to have our budget voted that can be discussed. My problem Mr. OBEY. The difference is what it upon on this floor so that some of this today, as the ranking member of the deems, not whether there is a deeming might not have occurred today? House Committee on Agriculture, I provision. Mr. Speaker, I yield to the gentleman have some very strong concerns about Mr. SOLOMON. Regular order. from New York (Mr. SOLOMON). the allocation that the leadership of The SPEAKER pro tempore. The Mr. SOLOMON. Mr. Speaker, we have the House, written in the Speaker’s of- time is controlled by the gentleman been explaining that for a long time. I fice, has given to agriculture. I am sure from New York. brought the President’s tax increases others will have the same. Mr. SOLOMON. The gentleman on this floor. There were about $78 bil- I have no problem with the total knows that, if and when the budgeteers lion in them. amount of spending. We have made get together over in that other body, Mr. STENHOLM. I must reclaim my that very, very clear. The Blue Dog and they are a little more arrogant time. budget, what we have before us today, than the Democratic majority used to Mr. SOLOMON. Let me finish. The is a cap on spending. I have no prob- be over here, as a matter of fact, they gentleman asked me to answer his lems with that. But I have a problem are a lot more arrogant in most cases; question, I say to my friend. with prioritization. Because, in my but when they finally get together and Mr. STENHOLM. Okay. opinion, there are some real needs in they adopt the budget, I see my good Mr. SOLOMON. In other words, we agricultural research, in rural housing, friend from South Carolina rising, then gave an opportunity to the American in conservation programs, numerous we will revert right back to the same people through their representatives, cooperative State research, education, kind of caps that we had before. and that is exactly why the Blue Dogs extension, that are being cut, that are Can I go back to my office, I have not were not made in order. We could have not as high a priority as the legislative been there in 2 weeks, and try to get made in order 50 alternatives if we branch of government. Why we are in- caught up on my work so I can catch a wanted to. We asked our side not to do creasing $100 million on the House of plane to go back to my district? it. We asked your side not to do it. Let Representatives and then cutting in Mr. SPRATT. Mr. Speaker, will the us have an up or down vote on the al- these areas of extreme importance, I do gentleman yield before he goes back to ternatives. not understand, and we will have more his office? b to talk about that later. Mr. SOLOMON. I yield to the gen- 1000 Mr. HALL of Ohio. Mr. Speaker, I tleman from South Carolina. Mr. STENHOLM. Mr. Speaker, with yield 2 minutes to the gentleman from Mr. SPRATT. Mr. Speaker, I want all do respect, and I want to continue California (Mr. FAZIO). the gentleman to go back to his office to yield to the gentleman, because he Mr. FAZIO of California. Mr. Speak- and answer his mail. We cannot meet did see fit to give the CATs a vote. So er, we are not here to be critical of the with the other body until we have a what he just said is a little bit dis- military construction subcommittee. conference committee. We passed a res- ingenuous because he allowed a Repub- The gentleman from North Carolina olution 2 weeks ago. When are we going lican substitute but he chose not to let (Mr. HEFNER) and the gentleman from to conference? After the July 4th the Blue Dogs. California (Mr. PACKARD) have done break. That is about July 15. Mr. SOLOMON. Mr. Speaker, if the their job. We are not even here to be Mr. SOLOMON. Let me say to my gentleman will continue to yield, I will critical of the gentleman from New good friend, he knows there are 100 say to my good friend that, yes, we did York (Mr. SOLOMON), who is just carry- egos over there. There are Republican allow the CATs and we allowed the ing the burden of leadership. What we egos. There are Democrat egos. We are gentleman from South Carolina (Mr. are here to say is that this rule, dealing with all kinds of people, espe- SPRATT), too. uniquely, among the 13, is designed to cially one man named BYRD over there. By the way, I want to tell the gen- pass a budget in real terms that will I mean, you know, he is some bird. He tleman from South Carolina that the apply to the appropriations process, is a very nice gentleman. deeming portion that was in the 1985 and nobody really knows that until we Mr. SPRATT. But we cannot deal bill was offered by one of the most re- came to the floor this morning and dis- with anything until we have a con- spected and admired members of the covered buried in this MilCon rule an ference. We do not even have one estab- Committee on Rules, also from the increase in allocation of $1.1 billion in lished. State of South Carolina, Mr. Butler budget authority and $1.4 billion in Mr. SOLOMON. My colleagues know Derrick. I just wanted the gentleman outlays so that we could practically do, what is going on right now. I just want- to know that. even to the degree we can, the business ed to set the record straight to my Mr. SPRATT. Mr. Speaker, will the of this country. very good friends on that side of the gentleman yield? In fact, the Republicans had a break- aisle. Mr. STENHOLM. I yield to the gen- down in the budget process. They have ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE tleman from South Carolina. had to promise the moderates, the gen- The SPEAKER pro tempore. The Mr. SPRATT. Could I just ask the tleman from Delaware (Mr. CASTLE) Chair would admonish all Members to gentleman, Mr. Speaker, in 1985, did and others, that they would not raise avoid personal references to Members the deeming resolution raise the allo- taxes; and they had to prove to the of the other body. cation above that which the House had CATs that they would cut taxes $110 Mr. HALL of Ohio. Mr. Speaker, I just approved 2 weeks before? This is billion; they have told the veterans’ yield 3 minutes to the gentleman from $1.4 billion more than the whole House lobby that they will not cut veterans’ Texas (Mr. STENHOLM). approved. programs; and they have told the mod- (Mr. STENHOLM asked and was Mr. SOLOMON. Well, if the gen- erates they would not cut Medicare and given permission to revise and extend tleman will continue to yield, the only Medicaid. At the same time, they have his remarks.) way to continue with the appropriation had to promise the gentleman from June 19, 1998 CONGRESSIONAL RECORD — HOUSE H4849

South Carolina (Mr. SPENCE) they NER), of course, has to be congratu- The problem is that there is added an would increase defense spending. lated, and the gentleman from Califor- illegitimate and, in my view, strange It does not add up, my colleagues. nia (Mr. PACKARD). And speaker, after and sneaky way around the Kasich They cannot pass a budget resolution. I speaker, after speaker reiterate the budget in the rule, and that is the ob- do not even know that Mr. DOMENICI fact they have nothing against the jection. So do not drag out the red her- and Senator LOTT have reached any military construction bill; that it is ring about endangering military. That agreement on what the Senate ought very important to pass the military is absolute, total, bald-face nonsense. to be doing. So what we are doing construction bill. Mr. SPRATT. Mr. Speaker, let me today is passing the budget resolution. Let us keep one thing in mind. If our make clear to everybody that this is Everyone ought to know that this is distinguished friends manage to defeat not a tempest in a teapot. The money not a rule on military construction. In this rule today, if our distinguished is not so significant in a budget of $1.7 practical terms, it is a way to get by colleagues on the other side of the aisle trillion, but the precedent is vitally the inability of this majority to func- manage to defeat this rule, what they important. tion; to pass a budget. They want to be will be doing is denying our men and A few weeks ago this House passed a all things to all people, and it does not women in uniform the military con- budget resolution, narrowly passed it, add up. As a consequence, the appropri- struction bill. And let there be no which provided $530,863,000,000 for dis- ators have to proceed. Because, if not, doubt that all this fancy debate and cretionary spending. Budget authority. we will end up shutting the govern- imaginative performance that we have And $560,885,000,000 for outlays. Now, ment down again, having a continuing seen here today will have, if it is suc- the chairman of the Committee on Ap- resolution and looking inept. cessful, the outcome, the effect, of de- propriations has requested an increase So my colleagues should vote as they nying the gentleman from North Caro- of $1.1 billion in budget authority and will on this rule, but should not be de- lina and the gentleman from California $1.4 billion in outlays. This procedure luded into thinking it is simply a $1 the opportunity to come to the floor is not in compliance with the Budget billion cut in MilCon spending. This today and to present a piece of legisla- Act. rule will define the entire appropria- tion which is very necessary to our Section 302(a)(5) allows the chairman tions process for the rest of this sum- men and women in uniform throughout of the Committee on the Budget, when mer. If we are going to proceed on this this country and those who are serving there is no budget resolution, to write basis, we might as well just forget the in so-called peacekeeping missions like a letter to the Committee on Appro- Committee on the Budget, forget the in Bosnia. priations and set a level so that the conference, that may or may not ever So have no doubt, distinguished col- committee can then suballocate that reach a conclusion, and simply go back leagues, as to what we are doing. This overall level to 13 different committees to the system we had before the budget is not unprecedented. It was done in and we can proceed with bills like this. reforms of the 1970s. 1985, and not in June but in July. It But in this case it is not the chairman Mr. DIAZ-BALART. Mr. Speaker, I was not stealthily done. It was publicly of the Committee on the Budget, it is yield myself such time as I may con- done in the Committee on Rules under the chairman of the Committee on Ap- sume to say that, first of all, it is im- the leadership of the gentleman from propriations, and he is actually re- portant to reiterate, because we have New York (Mr. SOLOMON). And again questing more than the House ap- heard so often today it being alleged today we brought it out in our oral proved. that we are doing something stealthily, statement at the very beginning. What So in two important respects we are that not only did we have a hearing we are dealing with is bringing forth deviating from the budget procedures and a markup in the Committee on legislation that is critical to the na- that we have established and followed Rules for this resolution that we are tional security of this country. So let for 25 years so that we can spend $1.7 bringing to the floor today, in order to us clarify and make clear exactly trillion in a reasonably fair, orderly bring before us the underlying legisla- where we are and what we are dealing and systematic manner. tion of the military construction ap- with. What we see here is a continuation of propriations bill, but, today, in our If we want to continue talking as a trend, a sort of defiance, an indiffer- presentation, our initial presentation, though we were in the model United ence to the established procedure for we talked about how we are complying Nations, like I was in college, because the budget process. This is the latest with the Budget Act of 1974 through that is what I have been reminded of budget resolution that we have seen; this procedure. today with some of the speeches on the the longest delinquency in producing a And then with regard to the so-called other side of the aisle, very theoretical concurrent budget resolution in 25 unprecedented nature of what we are and nice sounding speeches, but we are years. When we finally, 2 months late, doing, my dear friend, the gentleman not talking model United Nations or got the budget resolution to the House from California (Mr. FAZIO), just said model parliaments like when we were floor, it came to the House floor 10:30 that we are, in effect, to paraphrase in high school or college. This is the p.m. and we debated it into the wee him, getting rid of the budget process. military construction bill of the United hours of the morning. Our friends, when they controlled the States that we are bringing to the floor And as we took it up, we noted that majority in 1985, did this. Because at today. It is about time that we get to this budget resolution, which was a that time a conference report on the this legislation, and it is about time majority resolution, the Republican budget had not been passed as well. But that we pass it today, and that is why resolution, had a huge black hole in they did not do it in June. They did not I urge passage of the rule and passage the middle of it. Because even though do it on June 19. No, it was July 24 that of the underlying legislation. we had passed a highway spending bill year that the budget process had not Mr. Speaker, I reserve the balance of that exceeded the balanced budget been completed. And they also brought my time. agreement by $35 billion, and set new a rule forward, in order to comply with Mr. HALL of Ohio. Mr. Speaker, I levels of spending for transportation in the Budget Act, doing the same thing, yield the balance of my time to the that amount, the budget resolution deeming last year’s numbers for this gentleman from South Carolina (Mr. wholly ignored what the Congress had year’s. So the reality is it has neither SPRATT), the ranking minority member done and left unresolved exactly how been done in a stealthy way, much less on the Committee on the Budget. those spending increases would be ac- in an unprecedented way. Mr. SPRATT. Mr. Speaker, I yield to commodated in the resolution. And But I want to point out one very im- the gentleman from Wisconsin. then, when there were not enough portant point, because speaker, after Mr. OBEY. Mr. Speaker, let me sim- votes to pass it, it unraveled still fur- speaker, after speaker on the other side ply say that the assertion of turning ther on the House floor. have mentioned they have nothing down this rule will deny anything to This is no way to run a budget proc- against this military construction bill. anybody in the military is absolute, ess, Mr. Speaker. Oh, no, no, no, this military construc- total, flat nonsense. Mr. DIAZ-BALART. Mr. Speaker, I tion bill is very good, and the gen- This military construction bill is yield myself such time as I may con- tleman from North Carolina (Mr. HEF- going to pass with bipartisan support. sume. H4850 CONGRESSIONAL RECORD — HOUSE June 19, 1998 What we have been alleging and ever called into harm’s way. And with Democrats supporting his bill, includ- bringing forth, the military construc- what is happening in nuclear prolifera- ing this one. tion bill, is not bald-faced horse- tion around this world, it can happen Mr. PACKARD. But the fact is, my feathers, or some other regional folk- tomorrow, in Kosovo and other places. colleagues, we will not get to my bill loric terminology the gentleman from Let us use some sense here. Stop and the Hefner bill unless we pass this Wisconsin is so good at using. It is a being hypocritical and come over here rule. We hope that all Members will very serious matter, this legislation, and vote for the rule. help us do that. and it is very important to the na- Mr. DIAZ-BALART. Mr. Speaker, I Mr. DIAZ-BALART. Mr. Speaker, I tional security of this country. yield such time as he may consume to yield myself such time as I may con- And these arguments, I think, we the gentleman from California (Mr. sume. have refuted most effectively, in terms PACKARD). I obviously support this rule. It is a of this having been supposedly surrep- Mr. PACKARD. Mr. Speaker, I thank fair rule. It is an open rule. It is impor- titious or unprecedented. That is not the gentleman for yielding me this tant to bring the underlying legislation true. It is not true, and I feel very time. to the floor as soon as possible. The proud of the gentleman from California I did not intend to speak. I thought gentleman from California (Mr. PACK- (Mr. PACKARD) and of the chairman of this rule would go quickly and we ARD) has stated that we will have it on the Committee on Rules in bringing would be done almost an hour ago. the next legislative day, on Monday, on forth this legislation under an open There is not anyone more controversial the floor if we pass this rule. So I urge rule. And we have a very distinguished in this body than the gentleman from my colleagues to vote for it. and admirable record of bringing forth North Carolina (Mr. HEFNER) and my- Mr. Speaker, I yield back the balance important pieces of legislation, and self. I recognize that. But it was a sur- of my time, and I move the previous most legislation, under open rules. prise that we found so much con- question on the resolution. Mr. Speaker, I yield such time as he troversy on this rule. The SPEAKER pro tempore (Mr. My colleagues on the other side of may consume to the gentleman from LATOURETTE). The previous question New York (Mr. SOLOMON), the distin- the aisle cannot have it both ways. was ordered. guished chairman of the Committee on They cannot complain about the slow- Mr. OBEY. Mr. Speaker, I ask unani- Rules. ness of the process and the fact that we mous consent to divide the question. Mr. SOLOMON. Mr. Speaker, let me are not bringing the appropriation bills The SPEAKER pro tempore. Is there just briefly say that, first of all, this to the floor, and then proceed to pre- objection to the request of the gen- rule is not going to be defeated because vent us from bringing our appropria- tleman from Wisconsin? every Republican is going to vote for tion bills to the floor. Mr. SOLOMON. I object, Mr. Speak- We simply feel that we are following this rule, and I will see to it. That er. the procedures under the cir- means it is going to pass. And there are The SPEAKER pro tempore. Objec- cumstances we find ourselves in. We also a lot of good Democrats that are tion is heard. are following the procedures to allow going to vote for this rule, because it is The question is on the resolution. us to bring this and all the other ap- absolutely imperative. The question was taken; and the propriations bills to the floor as rap- Everyone knows, and the gentleman Speaker pro tempore announced that idly as we can. from Wisconsin (Mr. OBEY) knows, as the ayes appeared to have it. does the gentleman from Maryland b 1015 Mr. OBEY. Mr. Speaker, I object to (Mr. CARDIN), that if we do not have I intend to be on the floor, the gen- the vote on the ground that a quorum this provision in the first appropriation tleman from North Carolina (Mr. HEF- is not present and make the point of bill coming up, it means a point of NER) and I, next Monday, the very next order that a quorum is not present. order lies against all other appropria- legislative day. If we do not pass this The SPEAKER pro tempore. Pursu- tion bills. So I will say to my good rule, it obviously prevents us from ant to clause 5 of rule I, further pro- friend, the gentleman from Miami, doing so. If we do not follow that, then ceedings on this question are post- Florida (Mr. LINCOLN DIAZ-BALART), it each appropriations bill will be delayed poned. is not just the military construction and then my colleagues will have an- The point of no quorum is considered appropriation bill, it is the veterans’ other legitimate reason to say that we withdrawn. bill, the Departments of Veterans and are not moving forward with the appro- f Housing, but it is every Federal pro- priating process and we are leading to gram. a shutdown or a continuing resolution. PROVIDING FOR CONSIDERATION Mr. Speaker, we have some people That is what we heard today. OF H.R. 4060, ENERGY AND around here that just want to raise All we are asking in this rule is to WATER DEVELOPMENT APPRO- points of order against everything. And allow us to bring the military con- PRIATIONS ACT, 1999 we all know that they would do it. It struction bill to the floor next Monday Ms. PRYCE of Ohio. Mr. Speaker, by stops dead in its tracks every single ap- and do our job. We have cut this bill propriation bill for every Federal pro- direction of the Committee on Rules, I over 10 percent from last year’s appro- call up House Resolution 478 and ask gram that we have today. So Members priated level. The President cut it 15 ought to come over here, vote for this for its immediate consideration. percent. We have had to add on in this The Clerk read the resolution, as fol- rule, and then vote for the bill. It is bill to even make it so that we are terribly important. lows: doing some semblance of a job of tak- H. RES. 478 When we talk about veterans or the ing care of our military needs. military construction budget, right All we are asking at this time is that Resolved, That at any time after the adop- now we are in a dilemma, because the tion of this resolution the Speaker may, pur- they allow us to move forward by pass- suant to clause 1(b) of rule XXIII, declare the defense budget of this country, and I ing this rule. see the gentleman from Missouri (Mr. House resolved into the Committee of the Mr. OBEY. Mr. Speaker, will the gen- Whole House on the state of the Union for IKE SKELTON), one of the best Demo- tleman yield? consideration of the bill (H.R. 4060) making crats that ever served in this body over Mr. PACKARD. I yield to the gen- appropriations for energy and water develop- there, ranking member of the Commit- tleman from Wisconsin. ment for the fiscal year ending September 30, tee on National Security, he knows if Mr. OBEY. Mr. Speaker, I simply 1999, and for other purposes. The first read- we stop these appropriation bills we want to make it clear, we have abso- ing of the bill shall be dispensed with. Points are stopping research and development lutely no criticism of the job the gen- of order against consideration of the bill for in our military and we are stopping tleman has done. He has simply run failure to comply with clause 7 of rule XXI procurement. These contracts have to are waived. General debate shall be confined into an accident that started out to to the bill and shall not exceed one hour go forward so that the young men and happen to somebody else. That is the equally divided and controlled by the chair- women serving in our military today problem here. man and ranking minority member of the have the best state-of-the-art that we I want to make clear that when we Committee on Appropriations. After general can give them. God forbid if they are do get to his bill, there will be a lot of debate the bill shall be considered for June 19, 1998 CONGRESSIONAL RECORD — HOUSE H4851 amendment under the five-minute rule. who have preprinted their amendments As my colleagues know, the energy Points of order against provisions in the bill in the CONGRESSIONAL RECORD. Fur- and water bill provides funding for for failure to comply with clause 2, 5(b), or 6 ther, the Chair may postpone and re- much more than flood protection. This of rule XXI are waived. During consideration duce votes to 5 minutes, as long as the legislation funds the Bureau of Rec- of the bill for amendment, the Chairman of the Committee of the Whole may accord pri- first vote in any series is a 15-minute lamation, the Department of Energy, ority in recognition on the basis of whether vote. the Appalachian Regional Commission, the Member offering an amendment has Finally, the rule provides for the cus- and the Nuclear Regulatory Commis- caused it to be printed in the portion of the tomary motion to recommit, with or sion. Congressional Record designated for that without instructions. In their bill, the subcommittee was purpose in clause 6 of rule XXIII. Amend- Mr. Speaker, like many of my col- able to increase spending on programs, ments so printed shall be considered as read. leagues, I was shocked to learn that such as the solar and renewable pro- The chairman of the Committee of the Whole the President’s fiscal year 1999 budget grams, science programs, and the may: (1) postpone until a time during further proposal would cut spending for the consideration in the Committee of the Whole atomic energy defense activities. construction of new levees, flood walls, The bill also includes important a request for a recorded vote on any amend- and other protective water infrastruc- ment; and (2) reduce to five minutes the min- funding for defense environmental imum time for electronic voting on any post- ture by almost 50 percent. management and cleanup of hazardous poned question that follows another elec- In fact, the recommended funding and radioactive materials. These dol- tronic vote without intervening business, levels for these projects, managed by lars will clean up sites throughout the provided that the minimum time for elec- the Army Corps of Engineers, would be country which were contaminated dur- tronic voting on the first in any series of the lowest in real dollars in the history ing the production of nuclear weapons. questions shall be 15 minutes. At the conclu- of the civil works program. Additionally, provisions of the bill sion of consideration of the bill for amend- How quickly the administration for- seek to increase the efficiency of the ment the Committee shall rise and report gets. It was only 5 years ago that the the bill to the House with such amendments Department of Energy through con- Midwest was ravaged by floods which tract competition and reevaluation of as may have been adopted. The previous caused millions of dollars in damage question shall be considered as ordered on the Department’s organizational struc- and waged a devastating human emo- the bill and amendments thereto to final ture. passage without intervening motion except tional toll on those citizens who lost Mr. Speaker, the final product of the one motion to recommit with or without in- their homes, businesses, and commu- work of the subcommittee is $78.7 mil- structions. nities to ever-rising flood waters. lion below fiscal year 1998, keeping us Even more recently, the State of The SPEAKER pro tempore. The gen- on track to a balanced budget and a California has battled unrelenting tlewoman from Ohio (Ms. PRYCE) is smaller, smarter government. floods that left the citizens searching recognized for 1 hour. My colleagues in the Committee on for the means to rebuild their commu- Ms. PRYCE of Ohio. Mr. Speaker, for Rules, both Democrat and Republican, purposes of debate only, I yield the cus- nities. It is unclear where the next flood had nothing but praise for the efforts tomary 30 minutes to the gentleman tragedy will appear. But eviscerating of the gentleman from Pennsylvania from Massachusetts (Mr. MOAKLEY), the construction budget of the Corps of (Mr. MCDADE) and the gentleman from the distinguished ranking member of Engineers only ensures that the dam- California (Mr. FAZIO) to produce a bal- the Committee on Rules, pending age will be more widespread. anced, bipartisan bill. which I yield myself such time as I Our recent past should convince us Mr. Speaker, I urge my colleagues to may consume. During consideration of that investing in a defense system to support this fair and open rule, which this resolution, all time yielded is for prevent flood damage is far preferable will provide for a thorough debate of the purpose of debate only. to spending the money on cleanup after spending priorities. Mr. Speaker, House Resolution 478 lives have been destroyed. Further, I urge my colleagues to sup- makes in order H.R. 4060, the fiscal My constituents in central Ohio port the subcommittee’s fine work by year 1999 Energy and Water Develop- would be directly affected by the short- voting yes on this responsible energy ment Appropriations bill, under a com- sightedness of the administration’s and water appropriations bill. pletely open rule, which the Commit- budget. The West Columbus floodwall Mr. Speaker, I reserve the balance of tee on Rules reported by voice vote. is currently being built to protect the my time. As is customary, the rule provides for homes and businesses along our Scioto Mr. MOAKLEY. Mr. Speaker, I yield 1 hour of general debate, equally di- River from catastrophic floods. myself such time as I may consume. I vided between the chairman and rank- In 1913, 1937, and 1959, the Scioto thank my colleague my dear friend the ing minority member of the Committee overflowed its banks, causing millions gentlewoman from Ohio (Ms. PRYCE) on Appropriations. of dollars’ worth of damage to both res- for yielding me the customary half The rule waives clause 7 of rule XXI, idential and commercial property. hour. which requires printed hearings and re- Without floodwall protection, 17,000 Mr. Speaker, I rise in support of this ports to be available 3 days prior to residents continue to be placed at risk rule and I urge my colleagues to sup- consideration of an appropriations bill. of life, injury and personal hardship. port the Energy and Water Appropria- Waiving this rule facilitates consider- And that is only my story. tions bills. I must say, though, Mr. ation of this noncontroversial bill, Construction of the West Columbus Speaker, there is something curious in which the Subcommittee on Energy floodwall has been on track since it the bill. and Water reported by voice vote. began in 1993. The U.S. Army Corps of Last year, my good friend the gen- The rule also waives clause 2 of rule Engineers identified a need for $16 bil- tleman from New York (Mr. SOLOMON), XXI, which prohibits legislating on an lion in the next fiscal year to keep the the chairman, talked about the Armey appropriations bill. The Committee on project on schedule toward completion. protocol in which any provision ob- Rules conferred with the authorizers Yet, the President slashed the Corps’ jected by the authorizing committee and determined there was no opposi- budget. members will be exposed to a point of tion to this waiver. I would like to commend the gen- order. But this year, the very first year Similarly, the Committee on Ways tleman from Pennsylvania (Mr. it comes up, my Republican colleagues and Means has no problem with MCDADE), the chairman, and the gen- have decided to abandon the principles waiving clause 5(b) of rule XXI, which tleman from California (Mr. FAZIO), the of the Armey protocol in terms of this addresses tax and tariff provisions ranking member, and the rest of my rule. under that committee’s jurisdiction. colleagues on the Appropriations Sub- Specifically, the gentleman from The rule also waives clause 6 of rule committee on Energy and Water for Michigan (Mr. DINGELL) and the gen- XXI, which prohibits reappropriations crafting a very fiscally responsible bill tleman from Virginia (Mr. BLILEY), the in a general appropriations bill. that restores these devastating cuts ranking member and the chairman of To ensure an orderly amendment proposed in the President’s budget, the Committee on Commerce, the au- process, the rule allows the Chair to while at the same time keeping spend- thorizing committee, wrote a letter ob- accord priority recognition to Members ing below the fiscal year 1998 level. jecting to the legislative language in H4852 CONGRESSIONAL RECORD — HOUSE June 19, 1998 this bill that falls within their jurisdic- I urge my colleagues to support this not contain that gimmick. The pre- tion. The request was completely ig- rule. vious rule simply asked every member nored by the Republicans on the Com- Mr. Speaker, I reserve the balance of of our party and every member of mittee on Rules, breaking faith with my time. yours to ignore the very rules which their own leadership protocol. Ms. PRYCE of Ohio. Mr. Speaker, I you imposed on this House just 10 days In terms of the bill, though, I want to continue to reserve the balance of my ago. Maybe you can explain that in congratulate my colleagues the gen- time. your caucus. I would find it very dif- tleman from California (Mr. FAZIO) and Mr. MOAKLEY. Mr. Speaker, I yield ficult to explain in ours. the gentleman from Pennsylvania (Mr. 5 minutes to the gentleman from Wis- Mr. MOAKLEY. Mr. Speaker, I yield MCDADE) for another job very well consin (Mr. OBEY), the ranking member 5 minutes to the gentleman from North done. They and their colleagues have of the Committee on Appropriations. Carolina (Mr. HEFNER). worked hard and long to give us a bill Mr. OBEY. Mr. Speaker, in contrast (Mr. HEFNER asked and was given that meets most of our energy and to the last rule, I fully support this permission to revise and extend his re- water infrastructure needs, and for rule, and I want to explain why and ex- marks.) that we owe them a great debt of grati- plain the difference. Mr. HEFNER. Mr. Speaker, this is a tude. We heard speakers on the previous troubling time for me. We were before This appropriations bill will provide rule suggest that if we voted that rule the Committee on Rules on Military $3.9 billion dollars for the Army Corps down, that somehow we in the Demo- Construction, and I think it is a very of Engineers, which is above President cratic minority would be responsible good bill that we put together with Clinton’s request but still less than we for holding up the appropriations proc- limited funds. But there is an old say- appropriated last year. That means ess. I would simply make the point to ing that goes, ‘‘Oh what a tangled web that the level of funding is somewhere my friends on the majority side of the we weave when first we practice to de- near what is required to fund worthy aisle, you are in the majority, you have ceive.’’ projects which are authorized and are the votes to pass any provision you If I might just remind Members the ready for construction. want and any rule you want on this process that went on just a week ago. The bill also contains funding for the House floor, and you have dem- We had on this floor a budget. We had Department of Energy, which is $305 onstrated that many times. But I the Kasich budget; we had the Repub- million more than last year but $867 would just simply say this. Do not ask lican substitute, which did not pass; we million less than the President re- us to support a rule on the companion had a so-called Blue Dog budget that quested. bill that was just before us simply be- tracked very closely to what the budg- Unfortunately, we are just now be- cause you cannot get your act together et was in the other body that had the ginning to feel the restraints of the on passing the basic budget in the first votes to pass, but it was not made in Balanced Budget Agreement which was place. When that budget was before order by the Committee on Rules. enacted only last year, and that means this House, which changed the agree- Members who have been here for that many deserving energy initiatives ment that you had reached with the quite some time know that the Com- could not be as fully funded as we had President of the United States last mittee on Rules is the Speaker’s com- hoped. year to establish a very different trend mittee. The Speaker decides, and he For example, the Energy Department line for appropriations than was the can call the shots on what comes out of should be spending some of their time case in that bipartisan budget agree- the Committee on Rules. They did not developing clean, non-greenhouse gas ment, we warned you at that time that see fit to put in place a budget that power sources. But the freeze this bill the budget resolution that you were could have passed here and would have imposes on the solar and renewable en- passing would never pass your own Re- gone a long way to implement the bal- ergy program will seriously undermine publican Members in the other body, in anced budget that we have. We do not that effort. the Senate. You ignored that warning, want to put that in order because it The bill also denies the administra- and now you are finding out that that will pass. tion’s request for an additional $110 is true. You are finding out that your Then we talk about campaign reform million for research and development own Republican colleagues in the Sen- for all these years. We come and they related to global climate changes. ate believe that the budget that you offer a rule on campaign financing, and Mr. Speaker, this is the energy we passed was extreme, and, in fact, the they put all of these amendments in need to develop in order to reduce rules preclude me from naming other order, many of them nongermane, and greenhouse gas emissions and lower Senators but the Senator who is chair- then they have an amendment that people’s energy costs. man of the Budget Committee in the says if something is declared unconsti- Mr. Speaker, the bill also makes Senate, a Republican, said as much. tutional, the whole bill goes down the some potentially dangerous cuts in the I would simply ask, why did we go tubes, a procedure that would abso- funding to clean up nuclear waste. And, through the charade of passing that lutely do away with any campaign re- Mr. Speaker, if the Energy Department budget in the first place if you your- form. does not clean up nuclear waste, who selves did not intend to abide by it? The gentleman from California (Mr. will? That is my question today. PACKARD) and I worked very hard on Mr. Speaker, I would simply say that this military construction bill. It is re- b 1030 what you have done in the previous grettable that we come down to a situ- Finally, the bill increases funding for rule in contrast to this one, in the pre- ation where we have to have this de- basic science research and develop- vious rule what you did was bring to bate on the rule. But this is just the be- ment. We are pleased that the commit- the floor a stealth provision which ginning. There are other appropria- tee was able to provide some increase calls for the amending of the budget tions bills that are going to come to over the President’s budget request for resolution which you passed with such this House, and everybody put out fusion energy programs. fanfare just 2 weeks ago. I find that press releases that voted for the bal- There were some really difficult procedure quaint but not surprising, anced budget, especially on the Repub- choices for the Committee on Appro- because it simply demonstrates what lican side, and the Speaker said not 3 priations this year, mainly due to the everyone knew but did not admit when days ago, we balanced the budget, we strict limits in the balanced budget that bill was before us, that that budg- did all these things, but what you have agreement. This means that any extra et was essentially a political document done, you have done it with a phony funding given to one program has to to allow the majority party to pretend vehicle. You have done it with a phony come out at the expense of other very that it had room in the budget for a budget. important programs. tax cut when in fact it is not able to This is just the beginning of what is But, Mr. Speaker, this bill is coming pass the budget resolution which would going to happen on these appropria- to the floor with an open rule, and any make that tax cut possible. tions bills. Either you are going to bust Member that has an amendment that I will simply say, I will vote for the the caps or you are going to waive conforms to House rules can present it. rule on this bill, because this rule does points of order and you are going to go June 19, 1998 CONGRESSIONAL RECORD — HOUSE H4853 use emergency amendments, you are (Mr. BENTSEN asked and was given Mr. FAZIO of California. Mr. Speak- going to use fake emergencies to get permission to revise and extend his re- er, I rise in support of the rule for H.R. around the Committee on the Budget. marks.) 4060, the Energy and Water Develop- The money is still going to be there, Mr. BENTSEN. Mr. Speaker, I thank ment Appropriations bill for the fiscal you are going to spend the money, but the gentleman for yielding me this year 1999. Bipartisanship has long been it is just not going to show up. It is time. the hallmark of this committee, and I going to show up without offsets and it Mr. Speaker, I rise in support of the am very pleased to report that this is going to blow the balanced budget. rule for consideration of H.R. 4060, the spirit has continued during consider- This is troubling to me. The gen- Fiscal Year 1999 Energy and Water Ap- ation of this year’s bill. It was particu- tleman from Florida, bless his heart, propriations bill. I first want to thank larly challenging to draft this bill with he is very emotional. We want to pass the gentleman from Pennsylvania (Mr. a painfully low administration request Military Construction. I was chairman MCDADE) and the gentleman from Cali- for the Corps of Engineers budget on for over 10 years. The things that he fornia (Mr. FAZIO) for their hard work one side, more than $800 million below mentioned are not even in the military on this important legislation. I also what we appropriated just last year, construction budget. This is a scare want to thank the gentleman from and important, yet expensive DOE-pro- tactic. Texas (Mr. EDWARDS) for the help he posed initiatives on the other side. Mr. Speaker, Military Construction has provided my office on this bill. I Although we have improved our posi- is a good bill. This is a good bill. This am especially pleased by the support tion somewhat with the budget alloca- does not have the emergency moneys this legislation provides for addressing tion, we have still not been able to in this one that gets around, but De- the chronic flooding problems of Harris make this bill whole by any stretch of fense does. Defense has a tremendous County, Texas. In 1994 southeast Texas the imagination. The best that can be amount of money, and I support the de- suffered some of the worst flooding our said is that we have administered the fense budget. But when we get to these area had ever seen. This and more re- pain as evenhandedly as possible. things, when we get all of these appro- cent floods are a clear reminder that If Members are wondering why the priations bills and all the emergencies our lives, our infrastructure and our gentleman from Pennsylvania (Mr. are counted in, guess what? The gen- economy depend on sound watershed MCDADE) and I are retiring, it is be- tleman from Wisconsin (Mr. NEUMANN) management. I am pleased that H.R. cause despite adding more than $700 is exactly right when he was contesting 4060 includes vital funding for several million over the President’s budget re- what we were doing in appropriations. flood control projects in the Houston quest to the water development side of It was not popular, but he was exactly area, including Brays, Sims, and Hunt- the bill, which is so important to our right, because you voted for that budg- ing and White Oak bayous. colleagues after two El Nino winters, et and you voted for it with cuts that I am most grateful for the commit- the bill is still $200 million below last were unspecified, and you have pro- tee’s decision to fully fund the Brays year’s level. Consequently, the com- grams that nobody wanted to talk Bayou project at $6 million for fiscal mittee has had to make some tough de- about that were unspecified cuts. It year 1999. This flood control project is cisions and adopt some commonsense was a phony budget that was passed necessary to improve flood protection decision rules in the bill by not funding then, and it got no better since it has for an extensively developed urban area new construction starts, not funding been passed. I do not like to question along the Brays in the southwest Har- unauthorized projects and not funding rules, but to me this is something that ris County. The project consists of recreation projects unless they are tan- is just going to get worse and worse three miles of channel improvements, gential to a flood control or navigation and worse. three flood detention basins and seven Like I said years ago, this budget is project. miles of stream diversion and will pro- so ugly, like the lady that had the kid Even so, there are many authorized vide a 25-year level of flood protection. that was so ugly they had to get a pork construction projects in the pipeline The administration’s budget did not chop around its neck to get the dogs to which do not receive funding. The oper- provide any request for this funding so play with it. This budget, you could ations and maintenance account, I appreciate the committee taking the not tie enough around its neck to get dredging and upkeep of our harbors and action. I also appreciate that the bill anybody to play with it. It is a terrible navigable waterways, is still funded fully funds the ongoing project for thing for this body to be considering more than $100 million below last year. Sims Bayou at $18 million rather than this, because we are going to have to b the administration’s request of $9 mil- 1045 do a lot of this work over again be- lion. This is critical to keep this These necessary cuts hit home across cause this budget is phony and these project ongoing to help with the chron- the country including the important points are going to be raised on other ic flooding in the area. Calfed initiative in my home State of appropriations bills, and rightfully so. California, an initiative supported by a Ms. PRYCE of Ohio. Mr. Speaker, I Finally, Mr. Speaker, I am pleased large number of the California delega- yield myself such time as I may con- that the legislation provides the $60 tion on a bipartisan basis that is $45 sume. million which was requested by the Mr. Speaker, the last two speakers U.S. Army Corps of Engineers for the million below the 120 million that our were referring to the rules debate im- dredging and deepening and widening committee recommended just last mediately preceding this, and to some of the Houston ship channel. This is year. other extraneous matters. This Mem- critically important. This is the second We are clearly feeling the effects of ber was not present for that very spir- largest port in the Nation, creating the balanced budget agreement in our ited debate. As I understand it, it was more than 200,000 jobs in our area. The bill, and I suspect that, as a pattern, a procedural attempt to keep the legis- administration had only requested $5 we will have to get used to it for many lative ball rolling and the appropria- million. This is necessary to get the years to come. Insufficient funding for tions process on track. But, nonethe- Houston port project on track and meritorious water development less, this rule is not objectionable. I am moving forward. This is both an eco- projects that are important to our Na- gratified to hear the gentlemen ap- nomically and fiscally sound project as tion’s economy will be the watch word prove of this rule. After all, it is wide well as environmentally sound where for many budget years in the future. open, and it is as fair as it could be the port has worked with the environ- On the energy side of the equation we made fair. mental community in the Houston area face similar budget constraints. We had Mr. Speaker, I reserve the balance of to make the project sound and work- to balance new priorities like the my time. able. Spallation Neutron Source while sus- Mr. MOAKLEY. Mr. Speaker, all I I appreciate the work of the chair- taining numerous other DOE programs want to say, the gentlewoman did not man and the ranking member on this that are essential to the Nation, and miss a thing by not being here when bill. while I would like to see an increase in the other rule was considered. Mr. MOAKLEY. Mr. Speaker, I yield the number for solar and renewable en- Mr. Speaker, I yield 2 minutes to the 5 minutes to the gentleman from Cali- ergy programs, I am pleased that this gentleman from Texas (Mr. BENTSEN). fornia (Mr. FAZIO). account did not sustain any cuts given H4854 CONGRESSIONAL RECORD — HOUSE June 19, 1998 the difficult environment in which the The resolution was agreed to. Peterson (PA) Salmon Stearns committee was forced to work. A motion to reconsider was laid on Petri Sanford Stump Pickering Saxton Talent I understand the reasoning behind the table. Pickett Scarborough Tauzin the committee report’s words of cau- Taylor (MS) f Pitts Schaefer, Dan tion to the administration pertaining Pombo Schaffer, Bob Taylor (NC) to policy decisions and sound science Porter Sensenbrenner Thomas PROVIDING FOR CONSIDERATION Portman Sessions Thornberry with regard to global climate change, Thune OF H.R. 4059, MILITARY CON- Pryce (OH) Shadegg but I would like to reiterate that the Tiahrt STRUCTION APPROPRIATIONS Quinn Shays energy efficiency programs funded in Traficant ACT, 1999 Radanovich Shimkus Upton this bill are programs that our Nation Rahall Shuster Walsh has been investing in for years, long The SPEAKER pro tempore (Mr. Ramstad Sisisky Wamp before the debate over global climate LATOURETTE). The pending business is Redmond Skeen Watkins the vote de novo of agreeing to the res- Regula Skelton Watts (OK) change occurred. I believe that any de- Riggs Smith (MI) Weldon (PA) bate relating to climate change in the olution, House Resolution 477, on Riley Smith (NJ) Weller Kyoto Protocol should be conducted which further proceedings were post- Rogan Smith (OR) White independently of this bill. poned earlier today. Rogers Smith (TX) Whitfield The Clerk read the title of the resolu- Rohrabacher Smith, Linda Wicker The committee was able to provide Ros-Lehtinen Snowbarger Wolf an increased diffusion energy program tion. Roukema Solomon Young (AK) above the administration’s request. I The SPEAKER pro tempore. The Royce Souder Young (FL) am pleased the committee has also pro- question is on the resolution. Ryun Spence vided generous increases in the basic The question was taken; and the NAYS—178 science research and development ac- Speaker pro tempore announced that count and in areas such as high energy the ayes appeared to have it. Ackerman Frank (MA) Moran (VA) Allen Frost Nadler physics. Mr. OBEY. Mr. Speaker, I object to Andrews Furse Neal This bill continues to support the the vote on the ground that a quorum Baesler Gejdenson Oberstar crucial effort of our Nation to main- is not present and make the point of Baldacci Gephardt Obey tain our nuclear weapons stockpile order that a quorum is not present. Barcia Gordon Olver Barrett (WI) Gutierrez Ortiz through the National Ignition Facility The SPEAKER pro tempore. Evi- Becerra Hall (TX) Owens and the ASCI program. Because of the dently a quorum is not present. Bentsen Hamilton Pallone tight allocation, there are shortfalls in The Sergeant at Arms will notify ab- Berman Harman Pascrell Payne some areas like the Uranium Enrich- sent Members. Berry Hefner Bishop Hilliard Pelosi ment Decontamination and Decommis- The vote was taken by electronic de- Blagojevich Hinchey Peterson (MN) sioning Fund, and I would like to be vice, and there were—yeas 231, nays Blumenauer Hinojosa Pomeroy 178, not voting 24, as follows: Bonior Holden Poshard able to address this and other short- Price (NC) Borski Hooley falls in conference, if it is at all pos- [Roll No. 248] Rangel Boswell Hoyer Rivers sible. YEAS—231 Boucher Jackson (IL) Rodriguez In short, I think that the gentleman Boyd Jackson-Lee Abercrombie Dreier Johnson, Sam Roemer Brady (PA) (TX) from Pennsylvania (Mr. MCDADE) and Aderholt Duncan Jones Roybal-Allard Brown (CA) John our committee have done a good job in Archer Dunn Kanjorski Rush Brown (FL) Johnson (WI) a tough year. Mr. MCDADE, who cannot Armey Ehlers Kasich Sabo Bachus Ehrlich Kelly Brown (OH) Johnson, E. B. be with us today, I think is a strong ad- Sanchez Baker Emerson Kennelly Capps Kaptur Sanders vocate of all of the demands that are Ballenger English Kim Cardin Kennedy (MA) Sandlin placed on this bill by people looking to Barrett (NE) Ensign King (NY) Carson Kennedy (RI) Sawyer Clay Kildee develop the economies of their local re- Bartlett Everett Kingston Scott Barton Ewing Klug Clayton Kilpatrick Serrano gions and districts. He and I support Bass Fawell Knollenberg Clement Kind (WI) Sherman the open rule, but I believe this bill can Bateman Foley Kolbe Clyburn Kleczka Skaggs withstand any amendments that may Bereuter Forbes LaHood Condit Klink Slaughter Bilbray Fossella Largent Conyers Kucinich be proposed on the floor just as it did Smith, Adam Bilirakis Fowler Latham Costello LaFalce Snyder last year. Bliley Fox LaTourette Coyne Lampson Spratt So I ask for a yes vote on the rule Boehlert Franks (NJ) Lazio Cramer Lantos Stabenow and a yes vote on the Energy and Boehner Frelinghuysen Leach Cummings Lee Stark Bonilla Gallegly Lewis (CA) Danner Levin Stenholm Water Appropriations bill in hopes that Bono Ganske Lewis (KY) Davis (FL) Lipinski Stokes when we get to conference with the Brady (TX) Gekas Linder Davis (IL) Lofgren Strickland other body we may be able to do more Bryant Gibbons Livingston DeFazio Lowey Stupak Bunning Gilchrest LoBiondo of the legitimate requests that have DeGette Luther Tanner Burr Gillmor Lucas Delahunt Maloney (NY) Tauscher been made of us that we have unfortu- Burton Gilman Maloney (CT) DeLauro Manton Thompson nately been unable to account for in Buyer Goode Manzullo Deutsch Markey Thurman this bill. Callahan Goodlatte McCollum Dicks Mascara Tierney Calvert Goodling McCrery Dingell Matsui Towns Ms. PRYCE of Ohio. Mr. Speaker, I Camp Goss McHugh Dixon McCarthy (MO) Turner yield myself such time as I may con- Campbell Graham McInnis Doggett McCarthy (NY) Velazquez sume. Canady Granger McIntyre Dooley McDermott Vento Mr. Speaker, I appreciate the re- Cannon Greenwood McKeon Doyle McGovern Visclosky Castle Hall (OH) Metcalf Edwards McHale Waters marks of the gentleman from Califor- Chabot Hansen Mica Engel McKinney Watt (NC) nia, the ranking member, and I also ap- Chambliss Hastings (WA) Miller (FL) Eshoo Meehan Waxman preciate his hard work, that of the en- Chenoweth Hayworth Mink Etheridge Meek (FL) Wexler Christensen Hefley Mollohan tire committee and that of the gen- Evans Menendez Weygand Coble Herger Moran (KS) Farr Millender- Wise tleman from Pennsylvania (Mr. Coburn Hill Morella Fattah McDonald Woolsey MCDADE) for a very tough job under Collins Hilleary Murtha Fazio Miller (CA) Wynn difficult circumstances. Combest Hobson Myrick Filner Minge Yates Cook Hoekstra Nethercutt Ford Moakley I have no further speakers, Mr. Cox Horn Neumann Speaker. Crane Hostettler Ney NOT VOTING—24 Mr. MOAKLEY. Mr. Speaker, I yield Crapo Houghton Northup Cubin Hulshof Norwood Barr Jefferson Parker back the balance of my time. Cunningham Hunter Nussle Blunt Lewis (GA) Reyes Ms. PRYCE of Ohio. Mr. Speaker, I Davis (VA) Hutchinson Packard Cooksey Martinez Rothman yield back the balance of my time, and Deal Hyde Pappas Gonzalez McDade Schumer I move the previous question on the DeLay Inglis Pastor Green McIntosh Shaw Diaz-Balart Istook Paul Gutknecht McNulty Sununu resolution. Dickey Jenkins Paxon Hastert Meeks (NY) Torres The previous question was ordered. Doolittle Johnson (CT) Pease Hastings (FL) Oxley Weldon (FL) June 19, 1998 CONGRESSIONAL RECORD — HOUSE H4855 b 1107 thereof to any person or circumstance, is Ehrlich Klink Price (NC) held invalid, the remaining provisions of this Engel Klug Pryce (OH) Mr. POMEROY changed his vote from Act or any amendment made by this Act Eshoo Kucinich Quinn ‘‘yea’’ to ‘‘nay.’’ Etheridge LaFalce Rahall shall be treated as invalid. Evans Lampson Ramstad Messrs. MURTHA, KANJORSKI, In the heading for title VI, strike SEVER- Farr Lantos Rangel MOLLOHAN and RAHALL changed ABILITY and insert NONSEVERABILITY Fattah LaTourette Regula their vote from ‘‘nay’’ to ‘‘yea.’’ (and conform the table of contents accord- Fazio Lazio Rivers So the resolution was agreed to. ingly.) Filner Leach Rodriguez Forbes Lee Roemer The result of the vote was announced RECORDED VOTE Ford Levin Roukema as above recorded. The CHAIRMAN pro tempore. A re- Fowler Lipinski Roybal-Allard Fox LoBiondo Rush A motion to reconsider was laid on corded vote has been demanded. the table. Frank (MA) Lofgren Sanchez A recorded vote was ordered. Franks (NJ) Lowey Sanders f The vote was taken by electronic de- Frelinghuysen Luther Sandlin Furse Maloney (CT) Sanford PERSONAL EXPLANATION vice, and there were—ayes 155, noes 254, Gallegly Maloney (NY) Sawyer not voting 24, as follows: Ganske Manton Scott Mr. HASTERT. Mr. Speaker, on rollcall No. Gejdenson Markey Serrano 248, I was unavoidably detained. Had I been [Roll No. 249] Gephardt Mascara Shays present, I would have voted ``yes.'' AYES—155 Gilchrest Matsui Sherman Gilman McCarthy (MO) Sisisky f Archer Goodling Petri Goode McCarthy (NY) Skelton Armey Granger Pickering Gordon McDermott Slaughter BIPARTISAN CAMPAIGN Baker Hall (TX) Pitts Goss McGovern Smith (MI) Ballenger Hansen Pombo INTEGRITY ACT OF 1997 Graham McHale Smith, Adam Bartlett Hastert Radanovich Greenwood McHugh Smith, Linda The SPEAKER pro tempore (Mr. Barton Hastings (WA) Redmond Gutierrez McIntyre Snyder Bateman Hayworth Riggs LATOURETTE). Pursuant to House Reso- Hall (OH) McKinney Souder Bliley Hefley Riley Hamilton Meehan Spratt lution 442 and rule XXIII, the Chair de- Boehner Herger Rogan Harman Meek (FL) Stabenow clares the House in the Committee of Bonilla Hobson Rogers Hefner Menendez Stark Bono Hoekstra Rohrabacher the Whole House on the State of the Hill Metcalf Stenholm Bunning Hostettler Ros-Lehtinen Union for the further consideration of Hilleary Millender- Stokes Burr Hulshof Royce Hilliard McDonald Strickland the bill, H.R. 2183. Burton Hunter Ryun Hinchey Miller (CA) Stupak Buyer Hyde Sabo b 1110 Hinojosa Minge Tanner Callahan Inglis Salmon Holden Mink Tauscher Calvert Istook Saxton IN THE COMMITTEE OF THE WHOLE Hooley Moakley Taylor (MS) Camp Johnson, Sam Scarborough Horn Mollohan Thompson Accordingly, the House resolved Canady Jones Schaefer, Dan Houghton Moran (KS) Thurman itself into the Committee of the Whole Cannon Kim Schaffer, Bob Hoyer Moran (VA) Tierney Chambliss King (NY) Sensenbrenner House on the State of the Union for the Hutchinson Murtha Towns Chenoweth Kingston Sessions further consideration of the bill (H.R. Jackson (IL) Nadler Turner Christensen Knollenberg Shadegg Jackson-Lee Neal Upton 2183), to amend the Federal Election Coburn Kolbe Shimkus (TX) Neumann Velazquez Collins LaHood Shuster Campaign Act of 1971 to reform the fi- Jefferson Nussle Vento Combest Largent Skeen nancing of campaigns for elections for Jenkins Oberstar Visclosky Cox Latham Smith (NJ) John Olver Walsh Federal office, and for other purposes, Crane Lewis (CA) Smith (OR) Johnson (CT) Ortiz Wamp with Mr. COLLINS (Chairman pro tem- Crapo Lewis (KY) Smith (TX) Johnson (WI) Owens Waters Cubin Linder Snowbarger pore) in the chair. Johnson, E. B. Pallone Watt (NC) Cunningham Livingston Solomon The Clerk read the title of the bill. Kanjorski Pappas Waxman Deal Lucas Spence Kaptur Pascrell Wexler The CHAIRMAN pro tempore. When DeLay Manzullo Stearns Kelly Pastor Weygand Diaz-Balart McCollum Stump the Committee of the Whole rose on Kennedy (MA) Payne Wise Dickey McCrery Talent Thursday, June 18, 1998, a request for a Kennedy (RI) Pelosi Wolf Doolittle McInnis Tauzin Kennelly Pickett Woolsey recorded vote on Amendment No. 132 Dreier McKeon Taylor (NC) Kildee Pomeroy Wynn offered by the gentleman from Califor- Dunn Mica Thomas Kilpatrick Porter Yates Ehlers Miller (FL) Thornberry nia (Mr. THOMAS) to amendment No. 13 Kind (WI) Portman Emerson Myrick Thune in the nature of a substitute offered by Kleczka Poshard English Nethercutt Tiahrt the gentleman from Connecticut (Mr. Ensign Ney Traficant NOT VOTING—24 SHAYS) had been postponed. Everett Northup Watkins Ewing Norwood Watts (OK) Barr Lewis (GA) Reyes AMENDMENT NO. 132 OFFERED BY MR. THOMAS Fawell Obey Weldon (PA) Blunt Martinez Rothman TO AMENDMENT NO. 13 IN THE NATURE OF A Foley Oxley Weller Cooksey McDade Schumer SUBSTITUTE OFFERED BY MR. SHAYS Fossella Packard White Gonzalez McIntosh Shaw Frost Paul Whitfield Green McNulty Skaggs The CHAIRMAN pro tempore. The Gutknecht Meeks (NY) Sununu unfinished business is the demand for a Gekas Paxon Wicker Gibbons Pease Young (AK) Hastings (FL) Morella Torres recorded vote on Amendment No. 132 Gillmor Peterson (MN) Young (FL) Kasich Parker Weldon (FL) offered by the gentleman from Califor- Goodlatte Peterson (PA) b 1127 nia (Mr. THOMAS) to Amendment No. 13 NOES—254 The clerk announced the following in the nature of a substitute offered by Abercrombie Bonior Conyers pair: the gentleman from Connecticut (Mr. Ackerman Borski Cook On this vote: SHAYS) on which further proceedings Aderholt Boswell Costello were postponed and on which the yeas Allen Boucher Coyne Mr. McIntosh for, with Mrs. Morella against. prevailed by voice vote. Andrews Boyd Cramer Bachus Brady (PA) Cummings Mr. WAXMAN changed his vote from The Clerk will redesignate the Baesler Brady (TX) Danner amendment to the amendment in the Baldacci Brown (CA) Davis (FL) ‘‘aye’’ to ‘‘no.’’ nature of a substitute. Barcia Brown (FL) Davis (IL) So the amendment to the amendment Barrett (NE) Brown (OH) Davis (VA) The text of the amendment to the in the nature of a substitute was re- Barrett (WI) Bryant DeFazio jected. amendment in the nature of a sub- Bass Campbell DeGette stitute is as follows: Becerra Capps Delahunt The result of the vote was announced Bentsen Cardin DeLauro as above recorded. Amendment No. 132 offered by Mr. THOMAS Bereuter Carson Deutsch The CHAIRMAN pro tempore (Mr. to Amendment No. 13 in the nature of a sub- Berman Castle Dicks stitute offered by Mr. SHAYS: Berry Chabot Dingell COLLINS). Are there any further amend- Amend section 601 to read as follows (and Bilbray Clay Dixon ments to the Shays amendment? conform the table of contents accordingly): Bilirakis Clayton Doggett Mr. HOYER. Mr. Chairman, I move to Bishop Clement Dooley strike the requisite number of words. SEC. 601. NONSEVERABILITY OF PROVISIONS. Blagojevich Clyburn Doyle If any provision of this Act or any amend- Blumenauer Coble Duncan Mr. Chairman, too many Americans ment made by this Act, or the application Boehlert Condit Edwards believe our campaign finance system is H4856 CONGRESSIONAL RECORD — HOUSE June 19, 1998 corrupt. We must treat this illness in resources the FEC needs to police cam- (2) FAILURE TO SUBMIT LIST OF NOMINEES.— the body politic which, in my opinion, paigns. If an official described in any of the subpara- if ignored, will undermine our democ- Mr. Chairman, this debate that we graphs of paragraph (1) fails to submit a list are now engaged in is not designed, un- of nominees to the President during the 15- racy. day period which begins on the date of the Like beauty, of course, genuine re- fortunately, to facilitate the passage of enactment of this Act— form may be in the eye of the beholder. reform. Indeed, many of us believe, per- (A) such subparagraph shall no longer In my view, genuine reform must purge haps cynically, that it is designed to apply; and from Federal elections unregulated undercut, undermine, and defeat cam- (B) the President shall appoint 3 members soft money which has become so perva- paign finance reform. In fact, many (one of whom shall be a political independ- ent) who meet the requirements described in sive. Meehan-Shays does that. leaders on the Republican side make no subsection (a) and such other criteria as the Reform should be subject to disclo- secret of their antipathy towards re- President may apply. sure. The issue ads which are so clearly form legislation and particularly the (3) POLITICAL INDEPENDENT DEFINED.—In intended to influence elections must be Meehan-Shays legislation. this subsection, the term ‘‘political inde- covered. Meehan-Shays does that. I hope that, notwithstanding this dis- pendent’’ means an individual who at no Reform, in my opinion, should level astrous procedure, notwithstanding the time after January 1992— (A) has held elective office as a member of the playing field for challenges by fur- opposition of many in the Republican the Democratic or Republican party; ther restricting franked mail in elec- leadership and many Republicans, not- (B) has received any wages or salary from tion years. Meehan-Shays does that. withstanding those who would under- the Democratic or Republican party or from Reform, as well, should encourage cut reform efforts, I am hopeful that, a Democratic or Republican party office- wealthy candidates to limit personal through it all, that we will, neverthe- holder or candidate; or spending and toughen disclaimers on less, have the courage and the wisdom (C) has provided substantial volunteer services or made any substantial contribu- ads, giving voters better information and the common sense to pass Meehan- tion to the Democratic or Republican party with which to judge content. Meehan- Shays. or to a Democratic or Republican party of- Shays does that. AMENDMENT NO. 30 OFFERED BY MRS. MALONEY fice-holder or candidate. Reform also should enhance can- OF NEW YORK TO AMENDMENT NO. 13 IN THE (c) CHAIRMAN.—At the time of the appoint- didate disclosure by giving the public NATURE OF A SUBSTITUTE OFFERED BY MR. ment, the President shall designate one quick access via the Internet. Meehan- SHAYS member of the Commission as Chairman of Mrs. MALONEY of New York. Mr. the Commission Shays does that. (d) TERMS.—The members of the Commis- Meehan-Shays does all of these good Chairman, I offer amendment No. 30 to sion shall serve for the life of the Commis- things, Mr. Chairman, but, by any the amendment in the nature of a sub- sion. standard, is breathtakingly modest. stitute. (e) VACANCIES.—A vacancy in the Commis- Yet, in this Republican Congress, its The CHAIRMAN pro tempore. The sion shall be filled in the manner in which enactment is in doubt. Though there Clerk will designate the amendment to the original appointment was made. the amendment in the nature of a sub- (f) POLITICAL AFFILIATION.—Not more than are good provisions in other bills, I will 4 members of the Commission may be of the support Meehan-Shays as our best hope stitute. same political party. The text of the amendment to the of fixing some problems now. SEC. 403. POWERS OF COMMISSION. I might say that I know the distin- amendment in the nature of a sub- (a) HEARINGS.—The Commission may, for guished gentlewoman from New York stitute is as follows: the purpose of carrying out this title, hold (Mrs. MALONEY) has an amendment Amendment No. 30 offered by Mrs. hearings, sit and act at times and places, that she will be now offering, which I MALONEY of New York to Amendment No. 13 take testimony, and receive evidence as the Commission considers appropriate. In carry- also strongly support, which, in effect, in the nature of a substitute offered by Mr. SHAYS: ing out the preceding sentence, the Commis- says that, although there are reforms TITLE —INDEPENDENT COMMISSION ON sion shall ensure that a substantial number in Meehan-Shays that we want to of its meetings are open meetings, with sig- CAMPAIGN FINANCE REFORM adopt, there is more yet to do. She will nificant opportunities for testimony from SEC. 01. ESTABLISHMENT AND PURPOSE OF members of the general public. establish a commission to look further COMMISSION. at how we can make our election laws (b) QUORUM.—Seven members of the Com- There is established a commission to be mission shall constitute a quorum, but a better. known as the ‘‘Independent Commission on lesser number may hold hearings. The ap- Having said what reform is, let me Campaign Finance Reform’’ (referred to in proval of at least 9 members of the Commis- say what it is not. Reform is not the this title as the ‘‘Commission’’). The pur- sion is required when approving all or a por- Paycheck Protection Act, a Republican poses of the Commission are to study the tion of the recommended legislation. Any proposal to gag working Americans. laws relating to the financing of political ac- member of the Commission may, if author- Californians wisely rejected, Mr. Chair- tivity and to report and recommend legisla- ized by the Commission, take any action tion to reform those laws. man, the paycheck protections last which the Commission is authorized to take SEC. 402. MEMBERSHIP OF COMMISSION. under this section. month as we did in March. Hopefully, (a) COMPOSITION.—The Commission shall be this part of the Republican vendetta SEC. 404. ADMINISTRATIVE PROVISIONS. composed of 12 members appointed within 15 (a) PAY AND TRAVEL EXPENSES OF MEM- against working families will finally days after the date of the enactment of this BERS.—(1) Each member of the Commission disappear. Act by the President from among individuals shall be paid at a rate equal to the daily Reform is not repealing all contribu- who are not incumbent Members of Congress equivalent of the annual rate of basic pay tion limits. This would just tilt the and who are specially qualified to serve on payable for level IV of the Executive Sched- playing field even more toward the af- the Commission by reason of education, ule under section 5315 of title 5, United fluent and away from ordinary Ameri- training, or experience. States Code, for each day (including travel (b) APPOINTMENT.— cans, for whom giving $1,000 to can- time) during which the member is engaged in (1) IN GENERAL.—Members shall be ap- the actual performance of duties vested in didates is beyond reach, let alone pointed as follows: the Commission. $25,000. (A) 3 members (one of whom shall be a po- (2) Members of the Commission shall re- Reform is not repeal of public financ- litical independent) shall be appointed from ceive travel expenses, including per diem in ing of presidential elections, which among a list of nominees submitted by the lieu of subsistence, in accordance with sec- ended the thrilling campaigns of yes- Speaker of the House of Representatives. tions 5702 and 5703 of title 5, United States (B) 3 members (one of whom shall be a po- teryear financed out of the suitcases Code. litical independent) shall be appointed from (b) STAFF DIRECTOR.—The Commission stuffed with untraceable cash. among a list of nominees submitted by the shall, without regard to section 5311(b) of Finally, reform is not underfunding majority leader of the Senate. title 5, United States Code, appoint a staff the Federal Election Commission. Re- (C) 3 members (one of whom shall be a po- director, who shall be paid at the rate of publicans argue we do not need new litical independent) shall be appointed from basic pay payable for level IV of the Execu- laws, just enforcement of current ones. among a list of nominees submitted by the tive Schedule under section 5315 of title 5, Yet, House committees have rec- minority leader of the House of Representa- United States Code. tives. ommended funding for next year for (c) STAFF OF COMMISSION; SERVICES.— (D) 3 members (one of whom shall be a po- (1) IN GENERAL.—When the approval of the campaign law enforcement that is sim- litical independent) shall be appointed from Commission, the staff director of the Com- ply inadequate. The majority are gen- among a list of nominees submitted by the mission may appoint and fix the pay of addi- erous with rhetoric, but not with the minority leader of the Senate. tional personnel. The Director may make June 19, 1998 CONGRESSIONAL RECORD — HOUSE H4857 such appointments without regard to the Representatives and any reference to the our third-party expenditures; but, at provisions of title 5, United States Code, gov- Committee on Armed Services of the Senate the same time, we will create a com- erning appointments in the competitive shall be deemed a reference to the Commit- mission to fix problems that are not service, and any personnel so appointed may tee on Rules and Administration of the Sen- addressed in Shays-Meehan. be paid without regard to the provisions of ate. chapter 51 and subchapter III of chapter 53 of (2) Any reference to the date on which the Mr. Chairman, I see that we have that title relating to classification and Gen- President transmits a report shall be deemed many, many amendments ahead of us eral Schedule pay rates, except that an indi- a reference to the date on which the rec- on this substitute. I am sure that many vidual so appointed may not receive pay in ommendation involved is submitted under of these amendments are strong. But if excess of the maximum annual rate of basic section 05(b). the House agrees to this commission pay payable for grade GS–15 of the General (3) Notwithstanding subsection (d)(2) of proposal, then I hope my colleagues Schedule under section 5332 of title 5, United section 2908 of such Act— will withdraw their amendments. I cer- States Code. (A) debate on the legislation in the House tainly plan to withdraw the amend- (2) EXPERTS AND CONSULTANTS.—The Com- of Representatives, and on all debatable mo- mission may procure by contract the tem- tions and appeals in connection with the leg- ments that I had hoped to introduce, porary or intermittent services of experts or islation, shall be limited to not more than 10 not because I do not think that they consultants pursuant to section 3109 of title hours, divided equally between those favor- are strong and important, but, with 5, United States Code. ing and those opposing the legislation; this commission, we now have another SEC. 405. REPORT AND RECOMMENDED LEGISLA- (B) debate on the legislation in the Senate, vehicle to take a serious look at all of TION. and on all debatable motions and appeals in these issues that remain to be done and (a) REPORT.—Not later than the expiration connection with the legislation, shall be lim- report back with a proposal for ad- of the 180-day period which begins on the ited to not more than 10 hours, divided dressing them. date on which the second session of the One equally between those favoring and those op- Mr. Chairman, we have a choice be- posing the legislation; and Hundred Fifth Congress adjourns sine die, fore us. We can spend until August de- the Commission shall submit to the Presi- (C) debate in the Senate on any single de- dent, the Speaker and minority leader of the batable motion and appeal in connection bating every problem, every issue on House of Representatives, and the majority with the legislation shall be limited to not campaign finance and the hundreds of and minority leader of the Senate a report of more than 1 hour, divided equally between amendments made in order under this the activities of the Commission. the mover and the manager of the bill (ex- rule, and we may never finish this de- (b) RECOMMENDATIONS; DRAFT OF LEGISLA- cept that in the event the manager of the bate. Or we can pass this amendment TION.—The report under subsection (a) shall bill is in favor of any such motion or appeal, and pass Shays-Meehan and let the include any recommendations for changes in the time in opposition thereto shall be con- commission address the remaining trolled by the minority leader or his des- the laws (including regulations) governing problems. I think the choice is clear. the financing of political activity (taking ignee), and the majority and minority leader into account the provisions of this Act and may each allot additional time from time I urge all Members to support the the amendments made by this Act), includ- under such leader’s control to any Senator Maloney-Dingell amendment and to ing any changes in the rules of the Senate or during the consideration of any debatable withdraw any of their own amend- the House of Representatives, to which 9 or motion or appeal. ments so that we can finally pass more members of the Commission may SEC. 407. TERMINATION. Shays-Meehan and take a real step to- agree, together with drafts of— The Commission shall cease to exist 90 ward restoring the faith of the Amer- (1) any legislation (including technical and days after the date of the submission of its ican people in their electoral process. conforming provisions) recommended by the report under section 05. Mr. Chairman, I yield to my col- Commission to implement such rec- SEC. 408. AUTHORIZATION OF APPROPRIATIONS. league, the gentleman from Connecti- ommendations; and There are authorized to be appropriated to (2) any proposed amendment to the Con- cut (Mr. SHAYS), who has worked so the Commission such sums as are necessary hard on campaign finance in a biparti- stitution recommended by the Commission to carry out its duties under this title. as necessary to implement such rec- san spirit. ommendations, except that if the Commis- Mrs. MALONEY of New York. Mr. Mr. SHAYS. Mr. Chairman, I thank sion includes such a proposed amendment in Chairman, my amendment which I the gentlewoman for yielding. On be- its report, it shall also include recommenda- offer along with the gentleman from half of those who are supporting this tions (and drafts) for legislation which may Michigan (Mr. DINGELL) and with the reform legislation, we gladly accept be implemented prior to the adoption of such support of the gentleman of Massachu- this substantive amendment by the proposed amendment. setts (Mr. MEEHAN) and the gentleman (c) GOALS OF RECOMMENDATIONS AND LEGIS- gentlewoman from New York (Mrs. from Connecticut (Mr. SHAYS), it is a LATION.—In making recommendations and MALONEY) and the gentleman from preparing drafts of legislation under this sec- bipartisan amendment. Michigan (Mr. DINGELL). tion, the Commission shall consider the fol- It would create an independent com- It improves the bill. It will enable us lowing to be its primary goals; mission to study and recommend to deal with issues that are not dealt (1) Encouraging fair and open Federal elec- changes to our campaign finance laws. with in the Shays-Meehan reform legis- tions which provide voters with meaningful This amendment is identical to the lation. I urge the amendment’s pas- information about candidates and issues. substitute introduced earlier this week sage. I do not think we to have too (2) Eliminating the disproportionate influ- by the gentleman from Washington ence of special interest financing of Federal much debate about it. (Mr. WHITE) and the gentleman from elections. Mrs. MALONEY of New York. Mr. (3) Creating a more equitable electoral sys- New Jersey (Mr. FRANKS) except for Chairman, I yield back the balance of tem for challengers and incumbents. one important point. my time. SEC. 406. EXPEDITED CONGRESSIONAL CONSID- The White amendment, had it passed, Mr. FARR of California. Mr. Chair- ERATION OF LEGISLATION. might have blocked and killed the man, I move to strike the last word. (a) IN GENERAL.—If any legislation is intro- Shays-Meehan bill. Due to the struc- Mr. Chairman, I rise today in support duced the substance of which implements a ture of the rule, had the White amend- of this amendment. As many of my col- recommendation of the Commission submit- ment received more votes than Shays- leagues know, I have a major bill that ted under section 05(b) (including a joint res- Meehan, it would have prevented is also going to be considered. But I olution proposing an amendment to the Con- Shays-Meehan from becoming law. stitution), subject to subsection (b), the pro- think the most important bill, the one visions of section 2908 (other than subsection This amendment works in conjunc- that everyone is consolidated around (a)) of the Defense Base Closure and Realign- tion with Shays-Meehan. It strength- and can be passed is the Shays-Meehan ment Act of 1990 shall apply to the consider- ens and supports Shays-Meehan. It lets bill. ation of the legislation in the same manner us fix some of the most important I ask this body, when it comes time as such provisions apply to a joint resolution problems with our campaign finance to vote for that bill, if you do not vote described in section 2908(a) of such Act. system today and creates a commission for it now, when will you vote for it? If (b) SPECIAL RULES.—For purposes of apply- to solve the problems that remain to- you do not vote for it, who will vote for ing subsection (a) with respect to such provi- morrow. it? sions, the following rules shall apply: (1) Any reference to the Committee on I think this option is the best of both This body has been able to rise to the Armed Services of the House of Representa- worlds. Shays-Meehan can be signed occasion when asked by the American tives shall be deemed a reference to the Com- into law so that we can ban soft money people to address the issue of campaign mittee on House Oversight of the House of and provide for greater disclosure of finance reform. This body in the 101st H4858 CONGRESSIONAL RECORD — HOUSE June 19, 1998 session of Congress passed a com- country. Even those who are registered ments to deal with that Members prehensive campaign finance reform are not all the qualified adult persons. would like to introduce. bill. In the 102nd session, this body Those who are 18, American citizens, Mr. Chairman, I thank the gentleman passed a bill. In the 103rd session, this and have resided at least for 30 days in for yielding to me. body passed a bill. a community, those are the qualified Mr. METCALF. Mr. Chairman, I want All of those bills received far in ex- voters in America. Yet, only half of the to just add that campaign finance re- cess the minimum number of 218 votes. qualified voters register to vote, and form is critical to restoring citizen They were all bipartisan votes. So we only half of the registered voters turn confidence in our election process, and have in the past been able to rise to the out to vote. I think this is a part of it. occasion and adopt very comprehensive If we are in the business of selling de- Mr. DINGELL. Mr. Chairman, I move campaign finance reform. mocracy, we are doing a very lousy job. to strike the requisite number of This amendment should be adopted We need to have commissions take a words. because we always need to be looking look at how we can better encourage (Mr. DINGELL asked and was given farther than what we are able to legis- people to do that. This amendment will permission to revise and extend his re- late. America is changing, and the do that. But most important, I think, marks.) style of campaigning and the style of to build confidence in America, we Mr. DINGELL. Mr. Chairman, I first running for office is changing. need to show them that, in 1998, this want to commend my good friend, the We will not have all the answers in House, the House of Representatives, distinguished gentlewoman from New one bill. A commission needs to look at can pass a bipartisan bill that is both York (Mrs. MALONEY), and my col- where we go as we merge into the 21st comprehensive and substantive that leagues the gentleman from Washing- Century. For a democracy to survive, leads us another step towards regain- ton (Mr. WHITE), the gentleman from we have got to have active participa- ing confidence in the American citi- New Jersey (Mr. FRANKS), and the gen- tion. Politics is not a spectator sport. zens, that their government in Wash- tleman from California (Mr. HORN) for It is a participatory requirement to ington can be a government that is the good work which they have done on sustain a country, to sustain a govern- true to the principles of this country. the commission amendment, some- ment in an era when people are getting That is why we need to pass the Shays- thing which I believe will be helpful to turned off and thinking that their vote Meehan. the legislation. I believe that their does not make any difference or think- I started this support for this amend- dedication and effort in this matter ing that money in politics buys such ment indicating that, if not now, does them great, great credit. I par- influence so a common voter cannot when? My colleagues, Shays-Meehan, if ticularly want to pay tribute to the have an influence. not now, when? gentlewoman from New York (Mrs. Yet, we see time and time again Mr. METCALF. Mr. Chairman, I MALONEY) for the remarkable courage, where elections around this country move to strike the requisite number of fortitude and diligence which she has are won by just a few votes. Even in words. shown in this matter. this House, we have had Members who Mr. Chairman, I rise in very strong It was, I would observe, Mr. Chair- have won by as little as four votes. We support for this amendment. I sup- man, yesterday that I chose to vote know that votes count. We ought to be ported the amendment of the gen- ‘‘present’’, with great regret, against doing things to really engage people in tleman from Washington (Mr. WHITE), the amendment which I had hoped to participating in the process. which was similar, but this is some- offer in the form of a commission sub- We are moving into an era where what different. This amendment will stitute. I did not vote this way because telecommunications is playing more strengthen this bill. I think that it is I believed that the commission was no and more of a role in communication. very critical to do that. longer a viable idea but, unfortunately, Our old ideas about regulating cam- Mr. Chairman, I yield to the gen- because of the rather extraordinary paigns have not really taken that into tleman from Connecticut (Mr. SHAYS). rule structure making the commission consideration. A commission certainly Mr. SHAYS. Mr. Chairman, the Mee- bill a possible roadblock to passing des- can look into that. han-Shays bill provides for a soft perately needed comprehensive cam- A lot of voters in a lot of States are money ban. It recognizes that sham paign reform in the form of the Shays- now voting by mail. In California, it issue ads. It are truly campaign ads Meehan proposal. This is something has been very popular. Oregon elected a and treats them as campaign ads. It which we must do in the public inter- United States Senator entirely by a codifies Beck and improves FEC disclo- est, because I think almost every Mem- mail ballot election. A lot of issues sure and enforcement. The legislation ber of this Congress, and certainly the were raised in that. A commission can provides that we put a ban on unsolic- public at large, is disgusted with the look at that and figure out whether ited franked mass mailings 6 months to regrettable situation we find with re- those are things that we as a Congress the election, that is May on, and gard to financing our campaigns. ought to be looking at. makes it clear that foreign money and I originally joined with the other Public financing has been suggested fund-raising on government property lead sponsors to create a device which as a voluntary effort. Maine has adopt- are illegal. It presently is not illegal to would bring about a quick assured vote ed it. Is it good for other States. Is it raise soft money from foreigners or on on a responsible proposal. We have that good to Congress at a national level. federal property. before us in the form of Shays-Meehan. These are options that a commission I would observe that it is a proposal b can look at. We certainly need to all 1145 which is endorsed by both my good encourage a greater participation. We Believe it or not, it is not illegal. We friend the gentleman from Connecticut need to encourage greater participa- make sure that people know it is. (Mr. SHAYS) and the gentleman from tion. I would just reiterate that we are Massachusetts (Mr. MEEHAN), and I I do not think we have all the an- prepared to vote right now on the com- want to commend them for their effort swers. We, as Members, go home every mission bill. We have debated it long on this matter and thank them for weekend. We go out and have constitu- and hard, and pointed out when we de- their assistance to us in this undertak- ent meetings. We are always trying. We bated the White proposal as a standing ing. are talking to schools. The galleries substitute, that we agreed with many The amendment that is offered by are filled. We have students in here all of the merits, as long as we took a the gentlewoman from New York and I day. There are probably classrooms on stand now to deal with soft money, not only strengthens the Shays-Mee- the steps right now if it is not raining deal with the sham issue ads, codify han substitute, but it will study cam- outside. We are always engaging them Beck and so on. paign reform ideas that are not already and telling them the importance of So we are prepared to support the addressed in Shays-Meehan. It should participating in the process. Dingell-Maloney amendment to the re- please any Member that believes But as we say this, we watch how form bill, the Meehan-Shays bill, and I Shays-Meehan does not go far enough. many people participate in elections. hope we can move forward on this be- The commission will clearly have the You have to register to vote in this cause I know we have lots more amend- authority and the ability to study and June 19, 1998 CONGRESSIONAL RECORD — HOUSE H4859 address any additional improvements We do not exactly know what the but I think that is the likely legisla- needed in our campaign system, con- commission would do, but it would at tion that might pass and I will support sistent with the policies in the Con- least be possible the commission could it, the main point that we have got to stitution. come back and propose changes that understand is the American people I should note that this is a good pro- might change the Shays-Meehan ap- know very, very well today that the posal. It enhances, it expands, it en- proach? political process in Congress and riches, and it benefits the system that Mr. SHAYS. Mr. Chairman, will the throughout this country is controlled we would find under Shays-Meehan. gentleman yield? by big money interests who make huge And I would note that yesterday a Mr. WHITE. I yield to the gentleman contributions to both political parties. large number of my colleagues voted from Connecticut. Just this past week we know that the for this. I would note that they now Mr. SHAYS. We accept the commis- Republican Party held a fund-raising have an opportunity to vote for it and sion bill without any restraints. It is dinner in Washington for some of the Shays-Meehan both, and I urge them to the gentleman’s bill, as it is the gen- wealthiest and most powerful people in do so. That is in the public interest and tleman from New Jersey (Mr. FRANKS), America and they walked away with is what the public wants. the gentlewoman from New York (Mrs. $11 million in one night. And, of course, Mr. WHITE. Mr. Chairman, I move to MALONEY), and the gentleman from the Democratic party, maybe not quite strike the requisite number of words. Michigan (Mr. DINGELL). so successfully, tries hard to do the We had a vote the other night on the It could recommend whatever it same thing. commission bill, and it was not quite wants. We would make an assumption Mr. Chairman, sometimes I think as successful as I would like, and I that they might not deal, and probably people think that when we talk about think many of those of us who voted would not deal with items that had al- campaign finance reform this is an in- for the commission are considering ready been dealt with, but they are free side-the-beltway issue; that it is some- whether we should vote for this par- to do it, and we know that and accept thing esoteric; that it does not affect ticular amendment. If possible, I would it. And we know the House ultimately them. Wrong. Campaign finance reform like to engage the gentlewoman from has a chance to vote on it. It is truly is an issue which affects every Amer- New York or the gentleman from the gentleman’s amendment without ican in every aspect of public policy. Michigan in just a brief colloquy to any restraints. This week the Republican leadership make sure I understand exactly how Mr. WHITE. Mr. Chairman, I appre- in the Senate killed legislation that this would work. ciate that very much and, based on would have required the tobacco indus- It is my understanding that if this those representations, I intend to vote try to compensate our society for the amendment is adopted, the commission for this amendment. death and disease it has created. Was would be part of the Shays-Meehan Mr. SANDERS. Mr. Chairman, I there some connection between the de- bill. And if the Shays-Meehan bill move to strike the requisite number of feat of this legislation and the many passes, the commission, in the form words. millions of dollars in soft money that that we had originally proposed it, Before I make my presentation, I went to the Republican Party from the would be included in that bill. Does would like to ask the gentlewoman a tobacco interest? I think one has got to that mean that, assuming it is signed question. As I understand it, the gen- be very naive not to see the connec- into law, that the commission could tlewoman will have four Independents tion. then go to work, come back to Con- as part of the commission. As the only Mr. Chairman, Americans, people in gress with a package that would amend Independent in Congress, that issue is our country, pay more money than any Shays-Meehan; or would its hands be of some significance to me. other people in the industrialized world tied in any particular way? We know how Democrats and Repub- for prescription drugs, and the Federal Mrs. MALONEY of New York. Mr. licans might be appointed. Ross Perot Government continues to provide hun- Chairman, will the gentleman yield? is not the only Independent in Amer- dreds of millions of dollars in corporate Mr. WHITE. I yield to the gentle- ica. Some of us do not have many bil- welfare to the pharmaceutical indus- woman from New York. lions of dollars but also consider our- try. Is there any connection between Mrs. MALONEY of New York. As the selves Independents. How would those the $18 million that the drug compa- gentleman knows, the commission bill Independents be selected? nies have provided to both political is an appendage of Shays-Meehan. We Mrs. MALONEY of New York. Mr. parties since 1991 and the outrageously would enact in this Congress, send to Chairman, will the gentleman yield? high cost of prescription drugs in this the Senate, the President would sign Mr. SANDERS. I yield to the gentle- country? Once again, one would have into law Shays-Meehan. All of the as- woman from New York. to be very naive not to see the connec- pects of Shays-Meehan would become Mrs. MALONEY of New York. How tion. law. they are selected is the members are Mr. Chairman, this Congress contin- Then, as the gentleman knows, our appointed by the President on rec- ues to spend billions of dollars for bill in the next Congress, the commis- ommendations made by the four lead- weapons that we do not need, including sion would go into effect for 180 days ers in the House and in the Senate. The B–2 bombers that cost us over $2 billion with 12 appointments, 4 Republicans, 4 Republican Speaker, the Democrat mi- a plane. Meanwhile, we cut back on Democrats, 4 Independents. It must nority leader, the Republican leader in health care, education, desperately- have a supermajority of 9 votes to the Senate and the Democratic minor- needed housing, Medicare, Medicaid, come back with an expedited review. ity leader would make the rec- and many other programs that ordi- That ensures that at least one Repub- ommendations. nary Americans need. Is there a con- lican, one Democrat and one Independ- Mr. SANDERS. Including Independ- nection between the fact that the aero- ent agree. They can then come back to ents? space industry and military contrac- this floor for an up or down vote. Mrs. MALONEY of New York. Yes. tors contributed $5 million during the The likelihood of any part of Shays- Mr. SANDERS. Maybe we might 1996 election cycle to the high rate of Meehan being repealed, although it want to chat on that. I am not so sure military spending? I think, again, you could be, is about as likely as a two- it would be a great idea for the leader- have got to be naive. headed cow coming out of this commis- ship of the Democrat and Republican Last year, Mr. Chairman, in the sion, coming back. I do not think it Party to decide who represents the budget bill passed by this Congress, we would happen. I do not believe it would Independent political movement in this provided huge tax breaks to some of happen. It is beyond belief to me. But country, of which there are more of the largest corporations and wealthiest it possibly could. Again, it would have than there are Democrats and Repub- people in America. Meanwhile, and this to be passed by this House. licans. But having said that, I thank is an important point to be heard, the Mr. WHITE. That is my understand- the gentlewoman for her efforts. wealthiest one quarter of 1 percent ing, too. Let me just ask the gen- I would say this, Mr. Chairman. As a contributed over 80 percent of all cam- tleman from Connecticut whether that strong supporter of Shays-Meehan, and paign contributions. Should we be is his understanding. understanding that I would go further, shocked that, having received all of H4860 CONGRESSIONAL RECORD — HOUSE June 19, 1998 this money from the richest people in contributions, including his or her no need for that fund-raising. Can- America, Congress decided that most of own, and accepts spending limits and a didates can focus on the issues and the the tax breaks would go to the very limited allocation to run their cam- public concerns if they choose, al- rich while, at the same time, we cut paign from publicly-financed election though they have the option to con- back on Medicare? funds. tinue the private-money chase if they Mr. Chairman, we have heard a whole b 1200 like. lot about the role that labor unions The fourth complaint is that good play in the political process. Do they It is not a blank check. Participating people cannot win. The solution is that contribute a lot of money? Yes, they candidates must meet all local ballot the clean-money option would create a do. But let us not forget that in the qualification requirements and gather level playing field and encourage more 1995–1996 election cycle corporations a significant number of $5 qualifying people to run. and groups and individuals represent- contributions from the voters they This clean-money option, Mr. Chair- ing business interests outspent labor 11 seek to represent. man, is not a pipe dream. It is the law to 1. Clean-money campaign reform is in two states and the subject of bud- ANNOUNCEMENT BY THE CHAIRMAN PRO both simple to understand and sweep- ding grass roots advocacy campaigns in TEMPORE ing in its scope. It is a voluntary sys- nearly 40 others. Four states and local- The CHAIRMAN pro tempore (Mr. tem, as I said, that meets the test of ities, Arizona, Massachusetts, Mis- COLLINS). The Chair reminds Members constitutionality under the Supreme souri, and New York City, are poised to not to refer to Senate actions on any Court’s ruling in Buckley vs. Valeo place similar initiatives on the Novem- other measures. that effectively provides a level play- ber ballot. Mr. TIERNEY. Mr. Chairman, I move ing field for all candidates who are able Moreover, extensive polling has to strike the requisite number of to demonstrate a substantial amount found public support in around 2–1 words. of popular support. across all social and demographic Mr. Chairman, sometimes we hear It strengthens American democracy groups, even among the self-described about a commission and we wonder by returning political power to the bal- conservative Republicans. Newspapers what more do we need to do to study lot box. None of the other approaches from around the country have edito- what we should do to reform the way currently under debate or that will be rialized the support of clean money, in- we raise money for campaigns in this under debate come close to this com- cluding U.S.A. Today, The Boston country. And while I have some res- prehensive solution because they all Globe, St. Louis Post Dispatch, The ervations about this, I do want to say preserve a central role for private Minneapolis Star Tribune, and many, that we do have a vote here today on money. many others. the Shays-Meehan bill, and I will sup- What makes the clean-money cam- Mr. Chairman, this is the direction port that, because I think it is a step in paign reform different is that it at- we go. I hope the commission brings us the right direction. However, maybe it tacks the root cause of the crisis, closer to that point. does make sense that after passing namely, a system funded on private Mr. MEEHAN. Mr. Chairman, I move Shays-Meehan we also talk about what money that comes from a small frac- to strike the requisite number of steps we might take in the future, and tion of the electorate and is dominated words. perhaps this commission is the way to by wealthy special interests. Mr. Chairman, I rise in support of address that. As elected public officials, we should this amendment. I view the passage of that measure, owe our allegiance to the people who I would like to take this opportunity the Shays-Meehan bill, as a step, an sent us here, not to the largest cam- to thank my colleagues, especially the important step, but only a step to- paign contributors. It comes down to gentleman from Michigan (Mr. DIN- wards where we need to end up. I am this, Mr. Chairman: Who should own GELL) and the gentlewoman from New going to vote for it because it will the office in which we serve, the public York (Mrs. MALONEY) for the merging eliminate the insidious influence of or the private-monied interests? of their substitute with the Shays-Mee- soft money, but it still preserves an The public gets this issue, Mr. Chair- han bill. element of the status quo in the cur- man. They know what needs to be In putting together a comprehensive rent way we do business. done. Various clean-money campaign The current system is, to many campaign finance reform bill, it is a Americans, broken, Mr. Chairman, and reform bills and ballot initiatives and very difficult task and we look to get it is broken for them beyond repair. grass root movements are now in mo- proper compromises on both sides of They believe it cannot be fixed and tion in at least 3 dozen states across the aisle. The fact is that the gen- they really believe it must be replaced. this country. If we cannot act here in tleman from Michigan (Mr. DINGELL) I have an alternative amendment be- Washington to change this system, the and the gentlewoman from New York fore this House that we will address voters will do it for us. Get ready. Be- (Mrs. MALONEY) have a good proposal. within the next few weeks. Unfortu- cause if it is not happening in the It is a proposal that stems out from the nately, several weeks down the line be- states of my colleagues already, it will meeting in Claremont, New Hampshire, cause, as I understand it, we are not be; and this is in fact the wave of the 3 years ago, where the Speaker and the going to debate this issue next week, future. President shook hands and greed to es- and then we have 2 weeks in the Dis- Mr. Chairman, the clean-money re- tablish a commission, and the gentle- trict. But at some point, perhaps, we form has solutions to particular prob- woman from New York (Mrs. MALONEY) will get to the alternative that pro- lems. There are 4 major complaints in a race to the floor of the House to poses to end the private money chase that voters have about the current sys- introduce a bill. And I support that ef- in campaign finance. tem. One is that political campaigns fort. It is called the Clean Money Option. cost too much money and last too long. I also want to acknowledge the gen- And it is just that. It is an option for The solution in our bill would be that tleman from Washington (Mr. WHITE) those that want to continue to raise campaigns have strict spending limits the gentleman from New Jersey (Mr. money privately and to use private re- that could only begin once the money FRANKS) and the gentleman from Cali- sources in the campaigning. They will is disbursed. fornia (Mr. HORN) on the Republican be able to proceed on that basis. But Another problem cited is that special side for all of their efforts. there is an option for those of us and interests have too much influence and The merging of the supporters of a the American public who believe we certainly the perception of that. The commission with the supporters of the should do away with private resources solution is that participating can- Shays-Meehan bill means that we are and influence. It is an approach that didates could not receive direct con- now at that critical majority where we has already been passed into law by the tributions from private sources. have a majority of the Members of this Vermont State legislature and the People complain that candidates House finally ready, willing, and able Maine ballot initiative. spend way too much time chasing cam- to pass real campaign finance reform. Under the clean money system, a paign contributions. The solution in That would not be possible without candidate agrees to forego all private the bill would be that there would be compromises being made, like people June 19, 1998 CONGRESSIONAL RECORD — HOUSE H4861 like the gentleman from California Forbes Lee Rohrabacher Schaffer, Bob Smith (TX) Tiahrt Ford Levin Ros-Lehtinen Sessions Souder Watt (NC) ARR (Mr. F ) and the gentleman from Fox Lipinski Roukema Shadegg Stump Whitfield Massachusetts (Mr. TIERNEY) all who Franks (NJ) Livingston Roybal-Allard Skeen Thomas Wicker have excellent proposals who are merg- Frelinghuysen LoBiondo Royce Smith (OR) Thornberry Young (FL) ing and coming together with the Frost Lofgren Rush Furse Lowey Ryun ANSWERED ‘‘PRESENT’’—1 Shays-Meehan substitute so that we Gallegly Lucas Sanchez English can forge a majority in this House. Ganske Luther Sanders If we look at the votes that have Gejdenson Maloney (CT) Sandlin NOT VOTING—29 been held thus far, it is very encourag- Gibbons Maloney (NY) Sanford Barr Johnson, Sam Morella Gilchrest Manton Sawyer Blunt Kasich Parker ing to those who have been fighting for Gillmor Manzullo Saxton Coburn Kennedy (MA) Pomeroy reform. The vote on the commission Gilman Markey Scarborough Cooksey Kennelly Reyes bill with Members voting present or Goode Mascara Schumer Gephardt Klug Rothman Scott against it so it will not provide an im- Goodlatte Matsui Gonzalez Lewis (GA) Sununu Gordon McCarthy (MO) Sensenbrenner Goodling Martinez Torres pediment to passing the Shays-Meehan Goss McCarthy (NY) Serrano Green McDade Weldon (FL) bill and the most recent votes that Graham McGovern Shaw Gutknecht McNulty Wise would have gutted the Shays-Meehan Greenwood McHale Shays Hastings (FL) Meeks (NY) Gutierrez McHugh Sherman bill was resoundly defeated. Hall (OH) McInnis Shimkus b 1224 What we see here is a critical mass of Hall (TX) McIntosh Shuster Messrs. TIAHRT, FOSSELLA, BUR- Members from both sides of the aisle, Hamilton McIntyre Sisisky Harman McKinney Skaggs TON of Indiana and Mrs. NORTHUP from all parts of the country, who have Hastings (WA) Meehan Skelton changed their vote from ‘‘aye’’ to ‘‘no.’’ joined together to reach compromise to Hefner Meek (FL) Slaughter Mr. MCHUGH and Ms. MILLENDER- pass real campaign finance reform. Herger Menendez Smith (MI) Smith (NJ) MCDONALD changed their vote from I thank the Members on both sides of Hill Metcalf Hilleary Mica Smith, Adam ‘‘no’’ to ‘‘aye.’’ the aisle who are forging this very im- Hilliard Millender- Smith, Linda So the amendment to the amendment portant critical majority. I look for- Hinchey McDonald Snowbarger in the nature of a substitute was ward to getting through these amend- Hinojosa Miller (CA) Snyder Hobson Minge Solomon agreed to. ments as soon as we can. Because the Hoekstra Mink Spence The result of the vote was announced evidence is clear and overwhelming Holden Moakley Spratt as above recorded. that we have a majority of the Mem- Hooley Moran (VA) Stabenow bers of this House who are prepared to Horn Myrick Stark Mrs. KENNELLY of Connecticut. Mr. Chair- Houghton Nadler Stearns man, I want to state my strong support for the pass the Shays-Meehan bill. Hoyer Neal Stenholm amendment offered by Representative CARO- The CHAIRMAN pro tempore (Mr. Hunter Nethercutt Stokes LYN MALONEY to the Shays-Meehan campaign COLLINS). The question is on the Hyde Ney Strickland Inglis Norwood Stupak amendment offered by the gentle- finance reform bill. This amendment creates a Istook Nussle Talent 12-member commission to recommend woman from New York (Mrs. MALONEY) Jackson (IL) Olver Tanner to the amendment in the nature of a Jackson-Lee Ortiz Tauscher changes to current campaign finance law. substitute offered by the gentleman (TX) Owens Tauzin I am a strong supporter of the Shays-Mee- Jefferson Packard Taylor (MS) han bill and look forward to its enactment, but from Connecticut (Mr. SHAYS). Jenkins Pallone Taylor (NC) we all recognize that there may be some as- The question was taken; and the John Pappas Thompson pects of the current system of financing politi- Chairman pro tempore announced that Johnson (WI) Pascrell Thune Johnson, E. B. Pastor Thurman cal campaigns that may not be addressed by the ayes appeared to have it. Jones Payne Tierney the Shays-Meehan bill. The commission will RECORDED VOTE Kanjorski Pease Towns Kaptur Pelosi Traficant serve as a necessary backstop, so as we en- Mr. DOOLITTLE. Mr. Chairman, I de- Kelly Peterson (MN) Turner counter unanticipated campaign finance mand a recorded vote. Kennedy (RI) Peterson (PA) Upton issues, we have a process to review and A recorded vote was ordered. Kildee Petri Velazquez make recommendations to resolve these The vote was taken by electronic de- Kilpatrick Pickett Vento Kim Porter Visclosky issues. I think this commission amendment is vice, and there were—ayes 325, noes 78, Kind (WI) Portman Walsh an important addition to the Shays-Meehan answered ‘‘present’’ 1, not voting 29, as Kingston Poshard Wamp bill. follows: Kleczka Price (NC) Waters Klink Pryce (OH) Watkins I did not support and voted against an ear- [Roll No. 250] Knollenberg Quinn Watts (OK) lier substitute to the underlying campaign fi- AYES—325 Kolbe Rahall Waxman nance bill that just provided a commission ap- Kucinich Ramstad Weldon (PA) Abercrombie Brown (FL) Deal LaFalce Rangel Weller proach to address the abuses in the current Ackerman Brown (OH) DeFazio LaHood Redmond Wexler campaign finance system. It is way past time Aderholt Bryant DeGette Lampson Regula Weygand for more review and study of the problems in Allen Burr Delahunt Lantos Riggs White our current system. We know what the prob- Andrews Calvert DeLauro Largent Riley Wolf Baesler Camp Deutsch Latham Rivers Woolsey lems are and the Shays-Meehan bill address- Baldacci Campbell Diaz-Balart LaTourette Rodriguez Wynn es these problems. To just enact a review Barcia Capps Dickey Lazio Roemer Yates commission would only further delay legislat- Barrett (NE) Cardin Dicks Leach Rogers Young (AK) Barrett (WI) Carson Dingell ing on this important issue. Bartlett Castle Dixon NOES—78 Our job here is to make laws. We can not Barton Chabot Doggett continue to abdicate that responsibility on the Bass Chambliss Dooley Archer Doolittle McDermott Becerra Christensen Doyle Armey Everett McKeon issue of campaign finance reform. We have a Bentsen Clay Dreier Bachus Fossella Miller (FL) good bill before usÐthe Shays-Meehan bill. Bereuter Clayton Duncan Baker Fowler Mollohan The Maloney amendment will make this good Berman Clement Dunn Ballenger Frank (MA) Moran (KS) Berry Clyburn Edwards Bateman Gekas Murtha bill better. Therefore, I strongly support the Bilbray Coble Ehlers Boehner Granger Neumann Shays-Meehan bill with the Maloney commis- Bilirakis Condit Ehrlich Bonilla Hansen Northup sion amendment and I urge all my colleagues Bishop Conyers Emerson Brady (TX) Hastert Oberstar to work together to enact this important biparti- Blagojevich Cook Engel Bunning Hayworth Obey Bliley Costello Ensign Burton Hefley Oxley san legislation. Blumenauer Cox Eshoo Buyer Hostettler Paul Mr. MEEHAN. Mr. Chairman, I move Boehlert Coyne Etheridge Callahan Hulshof Paxon to strike the requisite number of Bonior Cramer Evans Canady Hutchinson Pickering Bono Crapo Ewing Cannon Johnson (CT) Pitts words. Borski Cummings Farr Chenoweth King (NY) Pombo The CHAIRMAN pro tempore. With- Boswell Cunningham Fattah Collins Lewis (CA) Radanovich out objection, the gentleman from Boucher Danner Fawell Combest Lewis (KY) Rogan Massachusetts is recognized for 5 min- Boyd Davis (FL) Fazio Crane Linder Sabo Brady (PA) Davis (IL) Filner Cubin McCollum Salmon utes. Brown (CA) Davis (VA) Foley DeLay McCrery Schaefer, Dan There was no objection. H4862 CONGRESSIONAL RECORD — HOUSE June 19, 1998 Mr. MEEHAN. Mr. Chairman, my un- such an election in the same manner and to that law, and this amendment in no derstanding is the next amendment the same extent as any other individual eli- way changes the illegality of foreign will be the Gillmor amendment, at gible to vote in an election for such office. campaign contributions. which time a vote would be expected ‘‘(b) NO EFFECT ON GEOGRAPHIC RESTRIC- Furthermore, both the current law TIONS ON CONTRIBUTIONS.—Subsection (a) and the Federal Election Commission sometime just after 1 o’clock. Then we may not be construed to affect any restric- would go to other amendments, but tion under this title regarding the portion of regulations prohibit foreign nationals’ there would not be a vote after the contributions accepted by a candidate from contributions to or any foreign na- Gillmor amendment, that would be persons residing in a particular geographic tional decision-making with respect to sometime after 1 o’clock. That is my area.’’. either corporate or labor-sponsored po- understanding, and I think it would be Mr. GILLMOR (during the reading). litical action committees, and those helpful to Members to get what the Mr. Chairman, I ask unanimous con- prohibitions would not be amended by schedule is. sent that the amendment to the this amendment. Mr. THOMAS. Mr. Chairman, will the amendment in the nature of a sub- In closing, Mr. Chairman, the politi- gentleman yield? stitute be considered as read and print- cal rights of American citizens must Mr. MEEHAN. I yield to the gen- ed in the RECORD. not be limited by race, gender or place tleman from California. The CHAIRMAN pro tempore (Mr. of employment, and a vote for the Mr. THOMAS. Mr. Chairman, I be- COLLINS). Is there objection to the re- Gillmor-Tanner amendment would pro- lieve the gentleman has a correct un- quest of the gentleman from Ohio? tect the right of American citizens to derstanding with the only correction There was no objection. be treated equally by our current elec- being that if we can begin the Gillmor Mr. GILLMOR. Mr. Chairman, the tion law and any reforms that may amendment and we can conclude it be- amendment which the gentleman from eventually be enacted. Mr. Chairman, I yield to the gen- fore 1 o’clock, there is no reason to Tennessee (Mr. TANNER) and I are offer- wait until 1 o’clock to vote on it, if ing would reaffirm in law a vital na- tleman from Connecticut (Mr. SHAYS). Mr. SHAYS. Mr. Chairman, I know there are only two or three speakers on tional interest, namely, that all Ameri- that the gentleman from Tennessee the Gillmor amendment. cans eligible to vote be treated in the (Mr. TANNER) wants to speak. I just My understanding is that both of the same way by the Federal Election want to speak on behalf of the Meehan- authors of this particular substitute Campaign Act. The Gillmor-Tanner Shays supporters, that we do support are willing to accept the amendment as amendment is necessary because pro- this amendment. It is a right of Amer- written if we could keep to a minimum posals have been made, both in this ican citizens today. the discussion of that amendment. As body and at the FEC, which would I know we will have other amend- soon as the Gillmor amendment is treat nearly 5 million Americans as ments to consider, but we do support it voted on, that would be the last vote second-class citizens politically. Name- and would urge others to support it as for the day. But if we begin discussing ly, such proposals would deny Amer- well. any other amendments, there would be ican citizens who work for American Mr. GILLMOR. Mr. Chairman, I yield no more votes and we would rise at 2 subsidiaries of companies which are to the gentleman from California (Mr. o’clock regardless of where we were in headquartered abroad an avenue of po- FAZIO). the discussion of any amendment. litical association and participation Mr. FAZIO of California. Mr. Chair- Mr. MEEHAN. Certainly there may that is guaranteed all other Americans, man, I rise in strong support of this be some other people that want to namely, the right to voluntarily con- amendment which I think is really an speak on amendments, but I just want- tribute money to political candidates affirmation of existing law and one, ed to get a clear understanding of what through political action committees however, that is needed because the de- the schedule was so that Members sponsored by their employers. bate, the discussion, of overseas con- could make their plans. Mr. Chairman, in my home State of tributions has been muddled to a point Mr. THOMAS. If the gentleman will Ohio, more than 218,000 Ohioans are where some have implied that perhaps yield further, the bottom line is the employed by American subsidiaries of those who work for corporations that Gillmor amendment will be the last companies headquartered abroad, and are headquartered in other parts of the vote of the day, whenever that occurs there are more than 5 million Ameri- world should be prevented from partici- prior to 2 o’clock. cans nationwide. That number is grow- pating in our political system. AMENDMENT OFFERED BY MR. GILLMOR TO ing daily. It will get larger still as soon We are part of a global economy, and AMENDMENT NO. 13 IN THE NATURE OF A SUB- as the merger between Chrysler and increasingly who we work for is going STITUTE OFFERED BY MR. SHAYS Daimler-Benz is completed to form a to change during the time in which we Mr. GILLMOR. Mr. Chairman, I offer new Daimler-Chrysler corporation. work for them. Gentleman pointed out the Daimler-Benz-Chrysler merger as a an amendment. b 1230 The Clerk read as follows: good example of a long-standing Amer- It makes no sense to tell these Amer- Amendment offered by Mr. GILLMOR to ican corporation where its employees Amendment No. 13 in the Nature of a Sub- icans that today they may contribute have contributed both to its union’s stitute Offered by Mr. SHAYS: to their company’s political action political action fund and its corporate Add at the end of title V the following new committee, but the day the merger is PAC, and under some proposals that section (and conform the table of contents completed they instantly become sec- have been made their rates will be accordingly): ond class citizens and are denied this truncated and eliminated. SEC. 510. PROTECTING EQUAL PARTICIPATION avenue of political participation. Even It seems to me the American people OF ELIGIBLE VOTERS IN CAMPAIGNS though the name on the paycheck may AND ELECTIONS. ought to be able to participate in poli- Title III of the Federal Election Campaign change, these employees remain Amer- tics regardless of the vagaries of who Act of 1971 (2 U.S.C. 431 et seq.), as amended ican citizens, and the vagaries of cor- they work for at any given time. We all by sections 101, 401, and 507, is further porate mergers should not be permitted know that increasingly the subsidi- amended by adding at the end the following to deny them their rights as Ameri- aries, or even the companies that once new section: cans. were independent have become affili- ‘‘PROTECTING EQUAL PARTICIPATION OF Just as past barriers were erected to ated with entities that have not only ELIGIBLE VOTERS IN CAMPAIGNS AND ELECTIONS discourage participation in the politi- multiple owners in terms of stockhold- ‘‘SEC. 326. (a) IN GENERAL.—Nothing in this cal process, some of today’s propo- ers in most countries in the world, but Act may be construed to prohibit any indi- sitions attempt to deny participation perhaps the corporate headquarters vidual eligible to vote in an election for Fed- based on where an American chooses to anywhere else. eral office from making contributions or ex- work. Just as discriminatory behavior This amendment is, I think, an im- penditures in support of a candidate for such was wrong then, it is wrong now. For- an election (including voluntary contribu- portant reassertion of what should be a tions or expenditures made through a sepa- eign nationals should not be allowed to fundamental right for every American. rate segregated fund established by the indi- contribute to American campaigns. Mr. TANNER. Mr. Chairman, I move vidual’s employer or labor organization) or That practice is already against the to strike the requisite number of otherwise participating in any campaign for law, and I believe we ought to uphold words. June 19, 1998 CONGRESSIONAL RECORD — HOUSE H4863 (Mr. TANNER asked and was given volunteer for the local charities and otherwise and we should be able to safeguard the permission to revise and extend his re- contribute to their communities just as their election processes inside our nation. marks.) neighbors do who work for U.S.-owned com- Now let me draw an example for Mr. TANNER. Mr. Chairman, I yield panies. I urge all of my colleagues to ask con- those of us who served during this pe- to the gentleman from Maryland (Mr. stituents in your district who work for U.S. sub- riod of time when Toshiba Company HOYER). sidiaries if they should be treated as ``foreign''. through a subsidiary in northern Eu- Mr. HOYER. Mr. Chairman, I would I am sure the response will convince you that rope gave away U.S. submarine tech- associate myself with the remarks of it is patently unfair to discriminate against nology to the then Soviet state, and if the gentleman from California (Mr. these American workers. I were asked if I think Toshiba should FAZIO). U.S. subsidiaries of companies based out- be able to contribute to U.S. elections, Obviously the vagaries of employ- side the U.S. are increasingly important par- I would say absolutely not. Their abil- ment are that on any given time a cor- ticipants in the American economy. In my ity to try to subvert the rightful pen- porate entity may or may not be a for- home state of Tennessee: alties that they should have paid for eign-held corporation, but the Amer- 138,200 Tennessee workers are employed that incredible act against this coun- ican citizen who wants to participate by U.S. subsidiaries. try and our national security should and contribute through such devices as From 1980 to 1995, Tennessee employment not have been rewarded by allowing are legally available to American citi- at U.S. subsidiaries increased more than five that corporation to participate in any zens to do so should be maintained, and times faster than all jobs in Tennessee. way in the U.S. political process. I think that is appropriate, and I sup- Employees at U.S. subsidiaries constitute Now for their employees, for their port the gentleman’s amendment. over 6% of Tennessee's total work force. employees to be able to participate as Mr. TANNER. Reclaiming my time, Support the rights of ALL Americans to par- U.S. citizens they should be able to Mr. Chairman, I understand the spon- ticipate fully in our political process and give participate in their elections if they sors of the amendment are going to these employees at U.S. subsidiaries the as- wish to support a candidate absolutely. agree to this, and so in order to save surance that we will not treat them as second But there are serious problems with time I submit my statement in support class citizens. the way in which foreign contributions of the Gillmor amendment for the Support the Gilmor-Tanner amendment. are booked and with the way in which RECORD. Ms. KAPTUR. Mr. Chairman, I move records are kept at the FEC. Mr. Chairman, I rise to urge my colleagues to strike the requisite number of I have studied this now for almost 10 to support an amendment which I have co- words. years. I know this issue inside and out. sponsored with my colleague from Ohio, Mr. Mr. Chairman, I wanted to take this So I would just say that I would vote GILMOR, which would very simply protect the opportunity because I will be offering present on the proposal offered by the rights of all American citizens who are eligible amendments later in the month con- gentleman from Ohio (Mr. GILLMOR) if to vote by ensuring that they will not be dis- cerning foreign contributions to U.S. it were brought to a full vote here. I criminated against as the result of changes we campaigns, and I respect my colleague would encourage the gentleman from make to our campaign finance law. from Ohio and his desire to preserve In our zeal to pass some kind of campaign Connecticut (Mr. SHAYS) and the gen- the rights of U.S. citizens regardless of finance reform, let's not inadvertently take tleman from Massachusetts (Mr. MEE- where they work to participate in our away rights from Americans to participate in HAN) to work with us as we try to get political system. But I have to say to our electoral process. I think we all agree that equal disclosure on foreign contribu- both the gentleman from Connecticut we should be very careful not to pass any re- tions into the elections in this country (Mr. SHAYS) and the gentleman from form which hinders Americans from participat- and to try to draw a very clear line Massachusetts (Mr. MEEHAN) that ing. here on what we are talking about. Our amendment would make it clear that sometimes what appears is not always Mr. Chairman, there is a difference U.S. citizens who work for companies in the everything that should appear in the between U.S. citizens and foreign inter- United States which happen to be foreign- offering of an amendment, and I think, est participating in U.S. elections. owned will not lose the rights they presently as we move through this bill, there Mr. SHAYS. Mr. Chairman, will the enjoy to fully participate in federal campaigns. may be the opportunity to refine some gentlewoman yield? An amendment being proposed later in this of the concepts in the amendment cur- Ms. KAPTUR. I yield to the gen- debate would bar U.S. subsidiaries of foreign- rently on the floor from other issues tleman from Connecticut. owned companies from operating PACS. that also bear on the subject of na- Mr. SHAYS. Mr. Chairman, I thank Under this proposal, the definition of ``foreign'' tional interest versus any purely pri- the gentlewoman from Ohio (Ms. KAP- would be decided by degree of ownership. vate interest. And I think under our TUR) for the tone of her message and Any company that is more than 51 percent for- laws it is pretty clear that U.S. elec- the strength of her message, and I eign-owned would not be allowed to operate a tions should be for U.S. citizens and agree with her comments, and one of PACÐregardless of the number of employees that we have a problem in this country the challenges that we have is, as these they have in the U.S. or the extent of their in foreign money infecting U.S. cam- amendments come in, make sure we contributions to the U.S. economy. paigns on both sides of the aisle. are touching base with all sides and Let me first reiterate that U.S. law presently Mr. Chairman, we have seen what has making sure that we are able to meld forbids foreign nationals from participating in happened when millions and millions of this process so we can accommodate any way in federal elections, including contrib- dollars manages to come into this the various sincere and real concerns uting to and making decisions about a PAC. country either as independent expendi- that Members have such as the gentle- Many U.S. subsidiaries make substantial tures or for various candidates not woman, and I appreciate her present contributions to our economy and are stellar being disclosed properly, and in some vote, and I appreciate her comments. corporate citizens. To discriminate against cases, even though the law says foreign Ms. KAPTUR. Mr. Chairman, I thank them and the U.S. citizens they hire is simply citizens shall not contribute, in fact the gentleman from Connecticut (Mr. wrong. For instance, both Hardees and Burger they end up contributing because the SHAYS) very much, and I thank my col- King are foreign-owned, yet theyÐlike U.S.- disclosure requirements for foreign league from Ohio (Mr. GILLMOR) for owned McDonaldsÐare U.S. institutions which contributions are not kept in a sepa- alerting me to the fact that this hire American citizens to work in the thou- rate category at the FEC. amendment would be discussed, and we sands of restaurants all across my state and This issue is not as simple as it first look forward to working with the gen- throughout this country. It would simply be un- appears on the surface, and so I would tleman as our amendment comes up on fair to deny American employees of Hardees say with all due respect to my col- the floor. and Burger King the basic right of participating league from Ohio, though I respect the Mrs. KELLY. Mr. Chairman, I move in a PAC while ensuring American employed right of individual Americans to con- to strike the requisite number of of McDonalds that they would continue to tribute to campaigns, I draw the line words, and I rise in strong support of have the right to fully participate in their own where in fact those contributions are the Gillmor-Tanner amendment which government's election process. coming from foreign interests. I do not seeks to ensure that all American citi- After all, those employees at Hardees and care who those foreign interests are, zens are treated equally under the law. Burger King pay taxes, shop at local stores, this is a nationally sovereign country, The political rights of American voters H4864 CONGRESSIONAL RECORD — HOUSE June 19, 1998 should not be determined by where only restrict foreign nationals from participat- Houghton Millender- Schaffer, Bob they work. ing, but American citizens employed by for- Hoyer McDonald Schumer Hulshof Miller (CA) Scott Just as our Nation has assured equal eign-owned companies as well. Hunter Miller (FL) Sensenbrenner political participation for all citizens Mr. Chairman, while intended to reduce for- Hutchinson Minge Serrano regardless of race, gender or national eign influence on our elections, such a change Hyde Mink Sessions Shadegg origin, we should ensure that no class in election law would only end up excluding a Inglis Moakley Istook Mollohan Shaw of Americans are denied an avenue of Shays class of Americans from enjoying rights held Jackson (IL) Moran (KS) Sherman political participation that is available by all others. This approach would not only be Jackson-Lee Moran (VA) Shimkus to all other Americans. (TX) Murtha unfair to the 209,000 residents of my state of Shuster Jefferson Myrick In my home State of New York near- New Jersey who work for U.S. subsidiaries of Sisisky ly 349,000 American citizens work for Jenkins Nadler Skaggs foreign-owned companies, but would also be John Neal American subsidiaries of companies constitutionally indefensible. The Gillmor Skeen Johnson (CT) Nethercutt Skelton headquartered abroad. It makes no amendment makes clear that campaign fi- Johnson (WI) Neumann Slaughter sense that my constituent who works nance reform should apply equally to all Amer- Jones Ney Smith (MI) at their American-owned McDonald’s icans, and I urge my colleagues to support it. Kanjorski Northup Smith (OR) can join with fellow employees and Kelly Norwood Smith (TX) The CHAIRMAN pro tempore. The Kennedy (RI) Nussle Smith, Adam contribute to campaigns through a po- question is on the amendment offered Kennelly Oberstar Smith, Linda litical action committee while their by the gentleman from Ohio (Mr. Kildee Obey Snowbarger neighbor who works at a foreign-owned GILLMOR) to the amendment in the na- Kilpatrick Olver Snyder Burger King or Hardee’s is denied this Kim Owens Souder ture of a substitute offered by the gen- Kind (WI) Oxley Spence avenue of participation in our political tleman from Connecticut (Mr. SHAYS). King (NY) Packard Spratt system. The question was taken; and the Kingston Pallone Stabenow Mr. Chairman, it is only fair and Kleczka Pappas Stark Chairman announced that the ayes ap- Stearns common sense that we provide in our peared to have it. Klink Pascrell Klug Pastor Stenholm election law a provision to ensure that RECORDED VOTE Knollenberg Paul Stokes all Americans receive the same oppor- Kolbe Paxon Strickland Mr. GILLMOR. Mr. Chairman, I de- Stump tunities and avenues of political par- Kucinich Payne mand a recorded vote. Stupak LaFalce Pease ticipation. I urge my colleagues to sup- Talent A recorded vote was ordered. LaHood Pelosi port the Gillmor-Tanner amendment. Tanner The vote was taken by electronic de- Lampson Peterson (MN) Mr. PRICE of North Carolina. Mr. Tauscher vice, and there were—ayes 395, noes 0, Lantos Peterson (PA) Tauzin Chairman, I move to strike the req- answered ‘‘present’’ 3, not voting 35, as Largent Petri Taylor (MS) Latham Pickering uisite number of words. follows: Taylor (NC) Mr. Chairman, I rise in support of the LaTourette Pickett Thomas Gillmor-Tanner amendment. I come [Roll No. 251] Lazio Pitts Thompson AYES—395 Lee Pombo Thornberry from a State where the number of em- Levin Pomeroy Thune ployees of U.S. subsidiaries of corpora- Abercrombie Carson Evans Lewis (CA) Porter Thurman Ackerman Castle Ewing Lewis (KY) Portman Tiahrt tions headquartered in other countries Aderholt Chabot Farr has grown by 233 percent since 1980. Linder Poshard Tierney Allen Chambliss Fattah Lipinski Price (NC) Towns Two of the largest employers in the Andrews Chenoweth Fawell Livingston Pryce (OH) Traficant Archer Christensen Fazio high-tech Research Triangle Park, for LoBiondo Quinn Turner Armey Clay Filner Lofgren Radanovich Upton example, Nortel and Glaxo-Wellcome, Bachus Clayton Foley Lowey Rahall Velazquez collectively employ 15,000 people in Baesler Clement Forbes Vento Baldacci Clyburn Ford Lucas Ramstad North Carolina. They make tremen- Luther Rangel Visclosky Ballenger Coble Fossella Walsh dous contributions to the U.S. econ- Barcia Collins Fowler Maloney (CT) Redmond Maloney (NY) Regula Wamp omy, to the North Carolina economy, Barrett (NE) Combest Fox Waters Manton Riggs and to our local communities. It is un- Barrett (WI) Condit Frank (MA) Watkins Manzullo Riley fair to discriminate against American Bartlett Cook Franks (NJ) Watt (NC) Barton Costello Frelinghuysen Markey Rivers citizens who are employees of these Watts (OK) Bass Coyne Frost Mascara Rodriguez Waxman companies. Bateman Cramer Furse Matsui Roemer Weldon (PA) It is already illegal, Mr. Chairman, Becerra Crane Gallegly McCarthy (MO) Rogan Weller for foreign nationals to participate in Bentsen Crapo Ganske McCarthy (NY) Rogers Wexler Bereuter Cubin Gejdenson McCollum Rohrabacher political action committees. PACs are Weygand Berman Cummings Gekas McCrery Ros-Lehtinen White operated by U.S. employees, and funds Berry Cunningham Gibbons McDermott Roukema Whitfield for PACs are provided only by U.S. em- Bilbray Danner Gilchrest McGovern Roybal-Allard Wicker ployees. There is no reason to deny Bilirakis Davis (FL) Gillmor McHale Royce Wise Bishop Davis (IL) Gilman McHugh Rush Wolf U.S. citizens the right to participate Blagojevich Davis (VA) Goode McInnis Ryun Woolsey fully in the political process, and that Bliley Deal Goodlatte McIntosh Sabo Wynn includes financial participation. Blumenauer DeFazio Gordon McIntyre Sanchez Yates Boehlert DeGette Goss McKeon Sanders Young (AK) The Gillmor-Tanner amendment is a Boehner Delahunt Graham McKinney Sandlin Young (FL) straightforward amendment ensuring Bonilla DeLauro Granger Meehan Sanford Bonior DeLay Greenwood that all U.S. citizens are treated equal- Meek (FL) Sawyer Bono Deutsch Gutierrez ly under our campaign finance laws re- Borski Diaz-Balart Hall (OH) Menendez Saxton gardless of where they work. Boswell Dickey Hall (TX) Metcalf Scarborough I encourage all colleagues to support Boucher Dicks Hamilton Mica Schaefer, Dan this sensible and fair provision. Boyd Dingell Hansen Brady (PA) Dixon Harman ANSWERED ‘‘PRESENT’’—3 Mr. FRELINGHUYSEN. Mr. Chairman, I rise Brady (TX) Doggett Hastert Johnson, E. B. Kaptur Leach in support of the Gillmor amendment. This Brown (CA) Dooley Hastings (WA) amendment has a simple objective: it ensures Brown (FL) Doolittle Hayworth NOT VOTING—35 Brown (OH) Doyle Hefley that American citizens who can vote in elec- Bryant Dreier Hefner Baker Green Morella tions are not prohibited from participating in Bunning Duncan Herger Barr Gutknecht Ortiz the political process solely because they work Burr Dunn Hill Blunt Hastings (FL) Parker for U.S. subsidiaries of foreign-owned compa- Burton Edwards Hilleary Callahan Holden Reyes Buyer Ehlers Hilliard Coburn Johnson, Sam nies. Rothman Calvert Ehrlich Hinchey Conyers Kasich Salmon Although Federal election law already bars Camp Emerson Hinojosa Cooksey Kennedy (MA) Smith (NJ) foreign nationals and foreign corporations from Campbell Engel Hobson Cox Lewis (GA) Solomon Canady English Hoekstra Everett Martinez contributing to Federal candidates, in the cur- Sununu Cannon Ensign Hooley Gephardt McDade Torres rent debate on campaign finance reform, Capps Eshoo Horn Gonzalez McNulty Weldon (FL) amendments have been filed that would not Cardin Etheridge Hostettler Goodling Meeks (NY) June 19, 1998 CONGRESSIONAL RECORD — HOUSE H4865 b 1300 or commentary on the voting record of, or plains how that applies to these disas- positions on issues taken by, any individual trous attempts such as Shays-Meehan So the amendment to the amendment holding Federal office or any candidate for in the nature of a substitute was to abridge our freedom of speech. And election for Federal office, unless the com- it goes on to say: agreed to. munication contains explicit words expressly The result of the vote was announced urging a vote for or against any identified Whether words intended and designed to as above recorded. candidate or political party.’’. fall short of invitation would miss that mark is a question both of intent and effect. No PERSONAL EXPLANATION (Mr. DOOLITTLE asked and was speaker, in such circumstances, safely could Mr. GOODLING. Mr. Chairman, regrettably I given permission to revise and extend assume that anything he might say upon the was unavoidably detained for rollcall votes 250 his remarks.) general subject would not be understood by (Maloney Amendment) and 251 (Gillmor Mr. DOOLITTLE. Mr. Chairman, I some as an invitation. In short, the sup- Amendment). Had I been present, I would am going to offer this amendment posedly clear-cut distinction between discus- have voted ``yes'' on both rollcall votes 250 which is short and to the point. I be- sion, laudation, general advocacy, and solici- tation puts the speaker in these cir- and 251. lieve I will just read it, because it makes the point. cumstances wholly at the mercy of the var- PERSONAL EXPLANATION ied understanding of his hearers and con- Mrs. MORELLA. Mr. Chairman, because of It is entitled the Nonapplication to sequently of whatever inference may be a family matter, I unfortunately missed three Publications on Voting Records: The drawn as to his intent and meaning. rollcall votes (249, 250, 251) pertaining to term ‘‘express advocacy’’ shall not Such a distinction offers no security for campaign finance reform. apply with respect to any communica- free discussion. In these conditions it blan- tion which provides information or kets with uncertainty whatever may be said. I would have voted ``no'' on rollcall No. 249, It compels the speaker to hedge and trim. the Thomas amendment to add a nonsever- commentary on the voting record of, or This is why we have all said on our ability clause, ``yes'' on rollcall No. 250, the positions on issues taken by, any indi- side that Shays-Meehan is patently un- Maloney amendment providing for a commis- vidual holding Federal office or any constitutional on its face, because its sion on campaign finance reform, and ``yes'' candidate for election for Federal of- regulation compels the speaker to on rollcall No. 251, the Gillmor amendment to fice, unless the communication con- tains explicit words expressly urging a hedge and trim. ensure every voter can participate in the politi- Now, in Shays-Meehan, they claim cal process. vote for or against any identified can- didate or political party. they allow voter guides, but their regu- I strongly oppose the Thomas amendment. lation compels the speaker to hedge It goes too far; the amendment strikes the pro- Mr. Chairman, the effect of this lan- guage is to preserve the Buckley opin- and trim. Why? Because there is a re- vision in Shays-Meehan stating that if any part quirement that it be done in an ‘‘edu- of the bill is found unconstitutional, the remain- ion, which of course is going to stand whether or not we enact Shays-Mee- cational manner.’’ Clearly, it is in- der stays intact, and it adds a provision stating tended to require only a flat recitation that if any part is found unconstitutional, the han. But it is to make sure that we do not place citizens in jeopardy for exer- of facts and to bar commentary or ad- entire bill is invalid. This Congress has passed vocacy on an event or issue. several bills with severability clauses, including cising their God-given right to free speech protected in the U.S. Constitu- But certainly the scorecards and the Balanced Budget Act of 1997. Bills that voter guides put out by issue groups are silent on the issue are considered by the tion. The Buckley case, which is so de- and labor unions do reflect a point of courts to be severable. The Thomas anti-sev- meaned by our left-wing reformers, is view. They do contain commentary. erability approach is highly unusual, and found quite clear on this. And it was a case And under the First Amendment, they in only four of the thousands of bills intro- that was a very strong case by judges, have every right to do so. duced this Congress. most of whom supported it. We have The CHAIRMAN pro tempore. The I support the Maloney amendment, which heard Buckley defamed time and time time of the gentleman from California would create a 12-member commission to rec- again. I want to quote a couple of (Mr. DOOLITTLE) has expired. ommend changes to current campaign finance things from Buckley and my colleagues (By unanimous consent, Mr. DOO- law. The commission must submit rec- will see why it has remained the con- LITTLE was allowed to proceed for 3 ad- ommendations, approved by at least 9 of the stitutional foundation for so many ditional minutes.) 12 members, within six months of the end of Mr. DOOLITTLE. Mr. Chairman, also years. this Congress, and be considered under expe- the requirement in Shays-Meehan is In the words of Buckley, The Federal dited procedures. The commission would be that the publication must contain, ‘‘no Election Campaign Act, known as comprised of an equal number of Republican words that in context have no reason- FECA, their regulation: and Democratic appointees. While I strongly able meaning other than to urge the support the Shays-Meehan bill, I favor further .. . apply only to expenditures for commu- nications that in express terms advocate the election or defeat of one or more clear- reforms to our system, and this commission election or defeat of a clearly identified can- ly identified candidates.’’ gives us the opportunity to further reform our didate for public office . . . this construction See, this is the inference they are system. would restrict the application of FECA regu- talking about here where whatever in- AMENDMENT NO. 82 OFFERED BY MR. DOOLITTLE lations to communications containing ex- ference may be drawn as to its intent TO AMENDMENT NO. 13 IN THE NATURE OF A press words of advocacy of election or defeat, and meaning. All of a sudden a Federal SUBSTITUTE OFFERED BY MR. SHAYS such as ‘‘vote for,’’ ‘‘elect,’’ ‘‘support,’’ ‘‘cast bureaucratic czar is going to determine Mr. DOOLITTLE. Mr. Chairman, I your ballot for,’’ ‘‘Smith for Congress,’’ whether or not what citizens have said offer an amendment to the amendment ‘‘vote against,’’ ‘‘defeat,’’ ‘‘reject.’’ in their voter guide fell within the law in the nature of a substitute. Now, here are the so-called magic or outside the law. It chills the speech. The CHAIRMAN pro tempore (Mr. words that are demeaned by our left- Mr. Chairman, I ask my colleagues to COLLINS). The Clerk will designate the wing reformers. But the reason we have just think of this. Any organization amendment to the amendment in the such words is further explained by the that wants to distribute a voter guide, nature of a substitute. Court itself. such as the Christian Coalition, such as The text of the amendment to the ‘‘. . . the distinction between discussion of National Right to Life, such as, I think amendment in the nature of a sub- issues and candidates and advocacy of elec- the Abortion Rights Action League stitute is as follows: tion or defeat of candidates may often dis- does them, any organization is now solve in practical application. Candidates, going to have to have in the back of its Amendment No. 82 offered by Mr. DOO- especially incumbents, are intimately tied to LITTLE to amendment No. 13 in the nature of public issues involving legislative proposals mind, and in its bank account, a half- a substitute offered by Mr. SHAYS: and governmental actions. Not only do can- million dollars, knowing that they will Strike section 301(20)(B) of the Federal didates campaign on the basis of their posi- then be prepared to withstand a pros- Election Campaign Act of 1971, as added by tions on various public issues, but campaigns ecution by the Federal bureaucratic section 201(b) of the substitute, and insert themselves generate issues of public inter- czar who may determine that through the following: est.’’ ‘‘(B) NONAPPLICATION TO PUBLICATIONS ON the inference and so forth of the words, VOTING RECORDS.—The term ‘express advo- And then we come to this, and this that the words fell within the scope of cacy’ shall not apply with respect to any really is the philosophical underpin- the Shays-Meehan law and, therefore, communication which provides information ning of the First Amendment. It ex- can be punished. H4866 CONGRESSIONAL RECORD — HOUSE June 19, 1998 Now, the First Amendment of course So the amendment offered by the a candidate, but do not say vote would never allow this. But as we all gentleman from California is not really against, or if you say things that do know, when we have statutes that in- related to voting guides. What it does not exactly say vote for, that, still, if fringe on the Constitution, the only is try to strike all of the language the clear purpose is a political ad, it way to deal with that problem is to go within Shays-Meehan relating to ex- shall fall within independent expendi- through the extremely time-consuming press advocacy, to issue ads. Let no one tures and be controlled by the regula- and costly litigation process. So this be unclear about that. tions with the FEC. puts every issue advocacy group in the b 1315 Mr. DOOLITTLE. Mr. Chairman, will country in jeopardy. They will all have the gentleman yield again? to raise more money in order to fight Secondly, I wish we would stop talk- Mr. LEVIN. I yield to the gentleman the half-million dollar legal battle. I ing about people who are for this bill as from California. think that is wrong. left wing reformers, I say to the gen- Mr. DOOLITTLE. Only to say, right By the way, a voter guide, here is one tleman from California, because when up until now and even now, it is clear from the Christian Coalition, this is he says that, he is demeaning the gen- we do not have to look at what the pur- what a lot of the incumbents who are tleman across the aisle from him, the pose or the intent is. Unless the words not casting votes consistent with the gentleman from Connecticut (Mr. themselves are express and advocating wishes of the Christian Coalition get SHAYS). He is demeaning the gen- the election or defeat of a candidate, very upset by. This is very influential tleman from Tennessee (Mr. WAMP) then it is not subject to regulation. and it is definitely determined to influ- who has been actively involved, the The man in Furgatch said, I think it ence the outcome of elections, which gentleman from Maryland (Mr. is Harvey Furgatch ran this ad and the Constitution says they have the GILCHREST), the gentleman from New said, do not let them do this, meaning right to do. York (Mr. BOEHLERT), the gentleman defeat them. I think they were talking But it takes a Member’s vote, they from California (Mr. CAMPBELL), the about Jimmy Carter. It is quite clear. have votes probably of 20 different gentleman from South Carolina (Mr. We should not seek to blur the line. things or so, and it lists the voting SANFORD), and others, and Mr. MCCAIN. The CHAIRMAN pro tempore. The records of everybody around the coun- My colleagues may disagree with time of the gentleman from Michigan try. But it is an advocacy thing. It does their fellow or sister Republicans. Do (Mr. LEVIN) has expired. have a point of view, because it says, not call them by an epithet. This de- (By unanimous consent, Mr. LEVIN ‘‘How did your congressmen and sen- bate serves better than that. No one is was allowed to proceed for 3 additional ators vote on issues critical to the fam- calling my colleagues a right wing nut. minutes.) ily?’’ And on the backside it says, We are also not demeaning the Su- Mr. LEVIN. Mr. Chairman, I would ‘‘Christian Coalition, giving pro-family preme Court. By the way, if it is pat- suggest, then, between now and next Americans a voice in their government ently unconstitutional on its face, then week that the gentleman should get to- again.’’ do not present an amendment. The gether with the gentleman from Con- Well, I think would it not be safe to court will eliminate it. The problem necticut (Mr. SHAYS) and the gen- infer that if Members are casting with my colleague’s position is that tleman from Massachusetts (Mr. MEE- antifamily votes as related by the that is not true, and that is what they HAN) because I just think that his lan- Christian Coalition, that they would are worried about. guage is contrary to what he says he think that Member should be defeated The 9th Circuit, which is not filled understands Furgatch to be. rather than elected? I do not think it is with left wing reformers, has inter- He says, unless the communication a large jump in logic to understand preted the decision, the Buckley deci- contains explicit words expressly urg- that that would be the intent. sion. There is a circuit that disagrees ing a vote for or against any identified When we get into the language of with it. But the 9th Circuit has said candidate. That is, rewrite your Shays-Meehan, they then are violating this, and we essentially, in this bill, at- amendment, then. what can be done because this is not tempt to follow the language in Let me just go on. Let me just finish, neutral. They now have words and con- Furgatch or the gist of it. if I might. It goes on to say, a test re- text that can add no reasonable mean- Here is what they say: We begin with quiring the magic words elect, support, ing other than to urge the election or the proposition that express advocacy et cetera, or their nearly perfect syno- defeat of one or more clearly identified is not strictly limited to communica- nyms, for finding of express advocacy candidates. Under Shays-Meehan, they tions using certain key phrases. The would preserve the First Amendment are not just doing a flat recitation of short list of words included in the Su- right of unfettered expression only at facts such as they intend by the words preme Court opinion in Buckley does the expense of eviscerating the Federal ‘‘educational manner.’’ not exhaust the capacity of the English election campaign ad. Therefore, Mr. Chairman, we need language to expressly advocate the No one is trying to gag anybody. If this amendment and I urge my col- election or defeat of a candidate. they want to do a political ad that es- leagues to adopt it. Mr. DOOLITTLE. Mr. Chairman, will sentially wants people to vote for or Mr. LEVIN. Mr. Chairman, I move to the gentleman yield? against, what they say is fall within strike the last word. Mr. LEVIN. I am happy to yield to the independent expenditure and other Mr. Chairman, first of all, I am look- the gentleman from California. provisions of the law, which has limits ing for the language of the amendment. Mr. DOOLITTLE. Mr. Chairman, on what can be expended and has re- It does not really state it correctly. It Furgatch is an express advocacy case quirements for disclosure, which is not says nonapplication to publications of and is perfectly consistent with our be- true of these ads that are clearly cam- voting records. And everybody should liefs in the Buckley case. Furgatch, as paign ads, that are clearly political understand this goes far beyond voting I understand the case, the court ads. records. It goes to all communications. named, I do not know, seven or eight But the people do not know who put Let me read it. ‘‘The term ‘express words in the Buckley case, and the money up. They are hidden. They advocacy’ shall not apply with respect Furgatch, the facts of the case amount- are endless. There is a flood of hidden, to any communication which provides ed to essentially the same thing. That in terms of its support, of hidden information or commentary on the vot- is all it says. But it is express advo- money. That is what we say should not ing record of or positions on issues cacy. It does not advocate blurring the happen. taken by . . .’’ So it is anything in a line between express advocacy of elec- Now, look, in terms of the brochures, political campaign. ‘‘. . . by any indi- tion or defeat of a candidate versus ev- voter guides, if you think the language vidual holding Federal office or any erything else. on voter guides is not clear enough, candidate for election for Federal of- Mr. LEVIN. I say to the gentleman, then amend that. But the gentleman fice, unless the communication con- then, go back and read Shays-Meehan. from Connecticut (Mr. SHAYS) and the tains explicit words expressly urging a Go back and read it, because all it says gentleman from Massachusetts (Mr. vote for or against any identified can- is, within the last 60 days, especially if MEEHAN) have carefully tried to spell didate or political party.’’ there is express advocacy, if you attack this out. June 19, 1998 CONGRESSIONAL RECORD — HOUSE H4867 They say that a printed communica- We have too much money in certain Mr. GILCHREST. I yield to the gen- tion is not included if it presents infor- instances being put forth against Re- tleman from Texas. mation in an educational manner sole- publicans and Democrats that do not Mr. DELAY. Mr. Chairman, I appre- ly about the voting record or position support good, legislative, fundamental, ciate the gentleman yielding to me. He on the campaign issue of two or more sound issues. We as Members of Con- is a dear friend of mine, and I appre- candidates. If it is not education, if it gress, I strongly feel, have the broad ciate my dear friend’s well intentions. is essentially political, it should fall ability to protect the public in the po- But we are debating the Doolittle within the purview of the ad. litical process from corruption and the amendment that exempts certain Now, look, no one is talking about a appearance of corruption. groups like the Christian Coalition czar. We have laws on independent ex- The Supreme Court specifically from this bill and allows the Christian penditures that the FEC has to enforce. noted on a number of times that con- Coalition to pass out their voter The Supreme Court was worried about tribution limits do not undermine ro- guides. this 20 years ago. A lot has happened in bust and effective discussion for can- The gentleman made two statements, the last 20 years, to include this bom- didates. Myself, I do not take, and I am and I ask him to clarify them for me. bardment of so-called issue ads that not advocating this for everybody, even The gentleman said these groups are really political ads. though I have an amendment, I do not should be held accountable. My ques- If Members adopt this amendment, take any PAC money. I do not take any tion is, by whom? Second, that these they are essentially eviscerating the money out of the district. You have to groups are corrupting. They are cor- issue advocacy provisions, the effort in be eligible to vote for me as a can- rupting. What about the Christian Coa- Shays-Meehan to call and regulate po- didate to contribute to my campaign. lition is corrupting the process by litical, what is really political and a That way, I do not raise a whole lot handing out a voter guide? campaign ad that is really a campaign of money in campaign, but I can tell Mr. GILCHREST. Mr. Chairman, re- ad. my colleagues that my campaigns, my claiming my time, I think, number Mr. GILCHREST. Mr. Chairman, I discussions in campaigns, and my de- one, we, as Members of Congress, move to strike the requisite number of bates, even though I have been out- should continue to debate the kinds of words. spent six to one, seven to one, eight to language and the kinds of things that Mr. Chairman, I would like to lend one all across the board in most of my the overall American public would con- my voice to the debate on campaign fi- campaigns, I still have a rigorous and sider as real campaign advocacy. nance reform and reluctantly stand in robust debate. There is an election in New Mexico opposition to the amendment of my I would advocate that for everyone. right now, I would tell my colleagues good friend, the gentleman from Cali- But I think this Congress has the right, of this House, where the kinds of cam- fornia (Mr. DOOLITTLE). the power, and the broad responsibility paign rhetoric against one of the can- The issue at hand is express advo- to protect the public from political didates, which happens to be a Repub- cacy, and the courts have made a num- corruption and the appearance of cor- lican, is absolutely false. There are bla- ber of statements on this, and there are ruption. tant lies. That is what I would assume a number of conflicting comments on The Shays-Meehan bill does not af- and strongly feel that this legislation express advocacy and whatever the fect, I will throw this in very quickly, would get at. magic words are. Buckley makes a State campaigns or State politics or I would never say that the Christian statement. Lower courts have been State elections. It does regulate State Coalition in its information packet split on this issue. party activity to the extent that it af- about candidates and their voting But I think it is very important, if fects Federal elections. I think this is a record is masquerading as something for no other reason, for the Congress to positive thing. other than what it is. I think they have some legislative history on what Mr. Chairman, I will make two last would be protected under Shays-Mee- express advocacy is. I am of the strong quick points. Number one, the Supreme han. I do not see the Christian Coali- opinion that when we do this, the Court makes a statement. They make a tion packet of information about Mem- Shays-Meehan legislative framework ruling, and that is fine. To the extent bers of Congress any different from provides the kind of structure we need we live with that, but we still have the that of the League of Women Voters. to ensure that those who want to advo- option and the ability and the freedom The CHAIRMAN pro tempore. The cate a position, an issue, or even a can- and the responsibility to question that time of the gentleman from Maryland didate be heard in a responsible man- decision. That is what democracy is. (Mr. GILCHREST) has again expired. ner. We are debating this issue. It is an (On request of Mr. DOOLITTLE, and by Shays-Meehan does not limit the exchange of information with a sense unanimous consent, Mr. GILCHREST was First Amendment rights for free of tolerance for somebody else’s opin- allowed to proceed for 3 additional speech. It provides a framework in ion wherever they lie on the political minutes.) which rigorous mental debate, rigorous spectrum. Then we vote. That is what Mr. DOOLITTLE. Mr. Chairman, will mental effort, intellectual discussion is happening here. the gentleman yield? can be pushed for. It does not limit free The last point I would like to make Mr. GILCHREST. I yield to the gen- speech. It holds speech to a standard. It is, in my judgment, the question here tleman from California. holds free speech and those who are is, will we continue to allow campaign Mr. DOOLITTLE. Mr. Chairman, giving it to be held accountable. It just ads to bypass campaign finance laws what does the gentleman understand does not let the broad array of any- simply because they appear to be such? the term in the Shays-Meehan to mean body’s opinion based on good judgment, The CHAIRMAN pro tempore. The in an educational manner? good facts, or based on absolutely time of the gentleman from Maryland Mr. SHAYS. Mr. Chairman, will the nothing go out into the free media. So (Mr. GILCHREST) has expired. gentleman yield? I can answer. I have a strong position, and I would (On request of Mr. DELAY, and by Mr. GILCHREST. I yield to the gen- hope my colleagues vote for Shays- unanimous consent, Mr. GILCHREST was tleman from Connecticut. Meehan. allowed to proceed for 2 additional Mr. SHAYS. Mr. Chairman, we just I just want to make a couple of other minutes.) need to know exactly what is in the points. Our responsibility as Congress Mr. GILCHREST. Mr. Chairman, let bill, and then we can argue it. We say is to ensure protection from the public me make this one last point, the ques- a voting record and voting guide excep- against corruption. I do not think any- tion is should campaign ads escape fi- tion. The term ‘‘express advocacy’’ body in this House Chamber would say nance laws simply because they are does not include a printed communica- that too much money or money ex- crafted to masquerade as something tion that prevents information in an pended in years passed or in this elec- else? I do not think so. So I strongly educational manner solely about the tion cycle, especially in some of the urge my colleagues to vote for Shays- voting record or position on a can- elections and special elections that are Meehan. didate issued on two or more can- going on right now do not put forth or Mr. DELAY. Mr. Chairman, will the didates that is not made in coordina- masquerade as putting forth the truth. gentleman yield? tion with the candidate, political H4868 CONGRESSIONAL RECORD — HOUSE June 19, 1998 party, or agent of the candidate or Mr. Chairman, I rise today to speak Now, this is an ad we cannot find out party or a candidate’s agent or a per- to two issues which are very much re- where the money came from, but it was son who is coordinating with a can- lated around this issue, which is soft spent by a tax exempt organization didate’s agents. Third, it does not con- money and express advocacy. Both are founded on June 20th, 1996 called Citi- tain a phrase such as vote for, reelect, currently being used to deliver cam- zens For a Republic Education Fund. support, cast your ballot for, name of paign ads by skirting campaign laws. Here is the ad. candidate for Congress, name of can- Soft money is meant to be used for ‘‘Senate candidate Winston Bryant’s didate in 1997, vote against, defeat, re- general party building. It is meant to budget as Attorney General increased ject, and so on. benefit the party as a whole, not to by 71 percent. Bryant has taken tax- b 1330 benefit any particular candidate. Ex- payer funded junkets to the Virgin Is- press advocacy ads are meant to speak lands, Alaska and Arizona. And spent This 1994 Christian Coalition guide is to issues and not to expressly advocate $100,000 on new furniture. Unfortu- legal. And what the gentleman wants for the election or defeat of any single nately, as the State’s top law enforce- to do is he wants to strike out the very ment official, he’s never opposed the language we put in the bill. I would candidate. Currently, both of these laws and both of these activities have parole of any convicted criminal, even just point out to the gentleman this is rapists and murderers. And almost allowed under our bill, and the gen- huge loopholes that are being exploited shamelessly by groups across the polit- 4,000 Arkansas prisoners have been sent tleman is taking it out. back to prison for crimes committed Mr. GILCHREST. Reclaiming my ical spectrum. while they were out on parole. Winston time, Mr. Chairman, I would say to the Consider a real, not hypothetical, se- Bryant: government waste, political gentleman from California that I would ries of ads that ran this last cycle in junkets, soft on crime. Call Winston agree with the interpretation of the au- New York. The people who ran these thor of the bill; that the statement the ads argued that publicly attacking one Bryant and tell him to give the money gentleman from Connecticut (Mr. candidate in a race is not a benefit to back.’’ Now, if somebody wants to run an ad SHAYS) just read in no uncertain terms the other candidate and should not be like that, that is fine, but the Amer- protects the brochure that the gen- considered so. It is an interesting in- ican public has a right to know who tleman is holding for the Christian Co- terpretation. $750,000 of soft money was funded that ad. The American public alition. spent to attack one candidate in a two- Mr. DOOLITTLE. Mr. Chairman, will candidate race under the argument has a right to know what money is be- the gentleman yield? that this should be protected because it hind that kind of a negative ad. And that is what we are talking Mr. GILCHREST. I yield to the gen- was, of course, not a benefit to the about here. The gentleman’s amend- tleman from California. other candidate. Mr. DOOLITTLE. Then support my Let me tell my colleagues what the ment would gut our ability to have the amendment and then it will make it express language used was. On the air, public know who has funded that ad. unambiguous. The problem with the the suggestion was that candidate Voters in any district, in any State, anywhere in America have an absolute Shays-Meehan language is it is ambig- number one was for more taxes, for unequivocal right to know who funded uous because we have the phrase ‘‘in an more welfare. Candidate number one that particular ad, as well the first educational manner’’. would tax and spend. Candidate num- amendment guarantees a right to run Mr. GILCHREST. Reclaiming my ber one was responsible for the mess in that ad. That is a negative ad that can time, my interpretation of the bill and Albany. And the ad finished up by be run anywhere in America. But the that section of the bill is that if we flashing the telephone number of the public deserves to know who funded an take that out, then what the gen- candidate and urging viewers to call ad like that. tleman is trying to do becomes more and tell this candidate to cut taxes, ambiguous. I think the specifics of the And that is what this debate, by the not take another bite out of our pay- way, is all about. The question is does Shays language offers a concrete pro- checks. tection for the Christian Coalition’s the public have a right to know when Now, my understanding is that when somebody blatantly uses a negative po- advocacy material. these ads aired, there were no tax votes Mr. LEVIN. Mr. Chairman, will the litical ad in a race and spends $300,000. imminent in the assembly where that The public has a right to know. gentleman yield? candidate was serving. There was no Mr. GILCHREST. I yield to the gen- Mr. CAMPBELL. Mr. Chairman, I specific issue that was mentioned. The move to strike the requisite number of tleman from Michigan. only message that one can glean from Mr. LEVIN. I wish to say to the gen- words. this particular ad was the one that was tleman from California that he says it Mr. Chairman, it is my intention to meant to be gleaned, which is to turn relates to voting records. It is a save at least 2 of those 5 minutes for misstatement of what it applies to. It public opinion against the featured any individuals who wishes to engage applies to any communication. And it candidate, and $750,000 of soft money me in debate so that we have a good ex- says that it will not be covered by Fed- was used to air these ads. change of views, and, indeed, I would The reforms embodied in Shays-Mee- eral regulation unless there are ex- like to begin with a point that has, to han are meant to shut down these sort plicit words urging a vote for or my judgment, not yet been raised. against. of semantic shenanigans. Changes are The amendment by my good friend What the gentleman is doing is try- needed because parties and organiza- and colleague, the gentleman from ing to totally vitiate the express advo- tions on both sides of the political aisle California (Mr. DOOLITTLE), not only cacy provisions. And the gentleman are currently abusing the system. My puts in a provision regarding the use of has said it so well, the gentleman who belief is that those who are pursuing the so-called magic words as the only has the time. The gentleman is so right real issue advocacy should have no definition of express advocacy, but it in saying that we should not allow ads problem doing so in a system reformed strikes the provision in the bill that to masquerade for something that they by Shays-Meehan. This is just another has other tests, and that is where I are not. alarmist argument meant to frighten wish to focus. I have not heard the de- Mr. DELAY. Mr. Chairman, will the Members away from the reforms that bate focus on it yet. Because one of gentleman yield? our constituents want. those other tests says that the so- Mr. GILCHREST. I yield to the gen- Mr. MEEHAN. Mr. Chairman, will called advocacy in question cannot be tleman from Texas. the gentlewoman yield? ‘‘made in coordination with a can- Mr. DELAY. The gentleman is abso- Ms. RIVERS. I yield to the gen- didate.’’ Instead, the amendment of the lutely wrong. He is reaffirming the ex- tleman from Massachusetts. gentleman from California says that as press advocacy affirmed by the Su- Mr. MEEHAN. Actually, Mr. Chair- long as the magic words are not used, preme Court through Buckley-Valeo, man, the gentlewoman has brought up ‘‘vote for this candidate’’, ‘‘vote Colorado, and many other decisions. an interesting point. These ads, that against this candidate’’, it is to be per- Ms. RIVERS. Mr. Chairman, I move are supposedly issue ads, let us talk mitted. to strike the requisite number of turkey here and do one of the ads. I So the legislative history will be ab- words. have it right here. solutely clear, if the amendment of the June 19, 1998 CONGRESSIONAL RECORD — HOUSE H4869 gentleman from California passes, it but so long as the magic words are not that that is the effect of the amend- will replace this language in the bill of used, it is permitted. ment of the gentleman from California. the gentleman from Connecticut (Mr. My friend from California is candid. Mr. DELAY. Well, if the gentleman SHAYS). So that it was the intention of He admits that is what his amendment wishes to continue to yield, I would the author and the intention of the will do, and that is why we must vote suggest he yield to the gentleman from House, if we pass this, to allow, as ex- against it. California, because he knows more press advocacy, to allow as any advo- Mr. DELAY. Mr. Chairman, will the about his amendment on that particu- cacy so long as it does not use the gentleman yield? lar point. words, ‘‘even if it is in coordination Mr. CAMPBELL. I yield to the gen- Mr. CAMPBELL. I will be happy to with a candidate.’’ tleman from Texas. do so, but I wanted to hammer home Now, here is the example that I want Mr. DELAY. I wanted to quickly the point first that the gentleman from to emphasize. Suppose, for example, point out, Mr. Chairman, the fact that Texas was not disagreeing with me. then, that the Christian Coalition or the gentleman from Massachusetts, The CHAIRMAN pro tempore. The the National Abortion Rights Action when he brought this ad up, has noth- time of the gentleman from California League, to choose a different point of ing to do with the gentleman’s amend- (Mr. CAMPBELL) has expired. view, sits down with a candidate and ment. What we are talking about are (On request of Mr. DOOLITTLE, and by says, ‘‘When do you want the voter voter guides. That is what his amend- unanimous consent, Mr. CAMPBELL was guide to go out; how big print do you ment addresses and has nothing to do allowed to proceed for 2 additional want; which issues do you want to sug- with what the gentleman from Massa- minutes.) gest that we inform the public about; chusetts is trying to portray. We are Mr. DOOLITTLE. Mr. Chairman, will give us the good photograph instead of talking about voter guides here. the gentleman yield? the bad photograph.’’ In other words, And the point I would make is a dif- Mr. CAMPBELL. I yield to the gen- they operate hand in glove with the ferent point than the gentleman was tleman from California. Mr. DOOLITTLE. What I would say candidate. That would be permitted pointing out. The gentleman from Con- to the gentleman, Mr. Chairman, is under the amendment of the gentleman necticut failed to read, if he had read that while I support the coordination from California so long as the words the last of his bill, where it says, ‘‘no language that we talked about, I want ‘‘vote for’’ or ‘‘against’’ were not used. reasonable meaning other than to urge Because I think that has to be an in- the election or defeat.’’ And I pointed to make the point that this amend- advertent error, I will now yield to my out that in the voter guide I held up, ment does not deal with it. All this colleague from California as much time the Christian Coalition guide, if we amendment deals with is basically al- as he would like to take, hoping he will took that guide and distributed it in a lowing communication with regard to save me some time to respond, to ex- church, then a reasonable meaning per- voting records to require terms of ex- plain if I have it wrong. son would describe that as advocacy for press advocacy. Mr. CAMPBELL. The gentleman’s Mr. DOOLITTLE. Mr. Chairman, let the person that was against abortion, amendment begins, and I am reading, me say that my amendment is pretty against homosexual type things that ‘‘Strike section 30.120(b)’’, and what clear, I think. What the gentleman was are on that voter guide. describing was exactly what Bill Clin- The CHAIRMAN pro tempore. The the gentleman strikes in that is ex- actly what I quoted, the prohibition on ton and AL GORE did in this last elec- time of the gentleman from California coordination. So I really did think the tion. (Mr. CAMPBELL) has expired. gentleman did not intend this. That is Now, Shays-Meehan wants to make (On request of Mr. DELAY, and by what I prefaced this by. that illegal. I do not want to make unanimous consent, Mr. CAMPBELL was that illegal, although I will render it allowed to proceed for 1 additional But if the gentleman looks at his unnecessary because we will wipe away minute.) amendment, it begins, ‘‘Strike section 30.120(b)’’, and section 30.120(b) says we this monstrous regulation in present Mr. DELAY. Mr. Chairman, will the law that the big government, is that gentleman continue to yield? cannot do this if, among other things, okay to say, or the pro-government re- Mr. CAMPBELL. I yield to the gen- it is coordinated. formers gave us 25 years ago, and in- tleman from Texas. b 1345 stead we will just remove the limits Mr. DELAY. So the point is that the Mr. DOOLITTLE. Mr. Chairman, if and then the contributor can give to Christian Coalition, NARAL, or any- the gentleman will continue to yield, I the candidate. That is the natural flow body else would not, under the Shays- am trying to get a copy of the language of money. We will not have to have Meehan bill, be able to put out their to respond. I am looking at what our these diversions and circumventions, voter guides. language strikes, and it does not say soft money, issue advocacy, et cetera. Mr. CAMPBELL. I thank the gen- anything about coordination. It can just go right to the candidate. tleman for his courtesy, Mr. Chairman, Mr. CAMPBELL. I direct the atten- I do not outlaw any of that, because and I want him to stay in the well just tion of the gentleman to 30.120(b) on we have a first amendment which pro- to be sure. My point was a different page 12 of the draft bill, line 14 of the tects speech. one, and I will just hammer my point voting record and voting guide excep- Mr. CAMPBELL. I want to reclaim home, because I believe I have the tion. I draw the attention of the gen- my time so I can respond to the gen- right to do so. tleman to little 2, line 21, that is ‘‘not tleman, and then maybe we will get The language in the Doolittle amend- made in coordination with the can- unanimous consent to continue, but I ment removes the prohibition against didate.’’ would like to respond. It is always a coordinated expenditures for voter You are striking that provision. Your pleasure dealing with my colleague guides. So I am not now dealing with amendment says ‘‘strike section from California. He is honest, direct, what the gentleman’s dispute with the 30.120(b).’’ and he has admitted my point was gentleman from Massachusetts may be, Mr. DOOLITTLE. I just got a copy of right, and let me repeat it. but just on this one question. I read the the bill. Give me the line again. What President Clinton did in the Doolittle amendment as saying that Mr. CAMPBELL. Page 12, line 21. last campaign, which would be out- even if an organization works with the Mr. DOOLITTLE. I guess we are not lawed by the gentleman from Connecti- candidate for choosing the issues, for going to be able to clear this up be- cut, is permitted by the gentleman’s how they phrase them, for when the cause I do not really have the same amendment. And that means, to wit, voter guides go out and how many peo- text that the gentleman does. This is that the candidate sits down with a ple get it, indeed, the addresses that it going to continue and we will address group, works through which issues will is sent to, so long as they do not use the issue upon continuation. be identified in the so-called legislative the words ‘‘vote for’’ or ‘‘vote against’’, Mr. CAMPBELL. In closing, anyone information card, works out the text, it would be permitted. can make a mistake. I am not suggest- works out the timing, works out the Now, that issue, the gentleman from ing that the gentleman has. But if he printing, works out the picture, works Texas did not address. I want to make has, I do not think he intended that re- out everything to help the candidate, clear he is not disagreeing with me sult. It is, nevertheless, a devastating H4870 CONGRESSIONAL RECORD — HOUSE June 19, 1998 result and it is reason to vote against If we are elected to represent con- candidates. But they can still, under the amendment. stituents, then we owe it to those con- the Constitution, comment on issues. Mrs. CAPPS. Mr. Chairman, I move stituents to speak to the issues which As my colleagues heard me quote to strike the requisite number of they care about and which we feel le- from Buckley the line between issues words. gitimately qualified to speak about. and candidates, it is hard to distin- Mr. Chairman, I rise today in opposi- And it is the responsibility of this guish. That is why the Court in order tion to the amendment by my col- House to do something about our races. to preserve free speech, said that, in league the gentleman from California I am not talking about presidential order to fall under the scope of regula- (Mr. DOOLITTLE) and I oppose this races. I am not talking about state tion, they have to have words of ex- amendment because it strikes me at raises. I am talking about how we are press advocacy which are clearly relat- the very heart of what is good about elected to this House. We are elected ed to the election or defeat of the can- the Shays-Meehan campaign finance every 2 years. These people, those folks didate. bill, a bill which, although it is not a who want their issues put before the What I think this bill is going to do perfect bill, but which addresses two of public, they know they have got a is actually go against the result my the major loopholes in current cam- great audience in our congressional colleague seeks to achieve and I frank- paign finance law. races. And they told us in March, in ly seek to achieve, which is that more Current law, and under Shays-Mee- California in the 22nd District, ‘‘You of our money in campaigns should be han as well, free speech is not opposed, watch out now, we are going to do this centered from the candidate, not from people have the right to address issues. in your races,’’ I am talking about peo- groups out on the periphery that are But the topic that I want to speak ple that supported me, ‘‘and then we getting as close to the line as they can about in a very personal and direct are going to go full bore in November without crossing it and influencing the way, because it happened to me just a across this country and we are going to election. few months ago, has to do with so- change the way elections occur.’’ Mr. FARR of California. Mr. Chair- called issue ads. These ads are not We have the responsibility I believe. man, will the gentlewoman yield? issue ads when they directly support or And that is why, when I came to Con- Mrs. CAPPS. I yield to the gen- attack a candidate’s point of view even gress, the day after I was sworn in, I tleman from California. though they do not expressly say ‘‘vote knew I owed it to my constituents to Mr. FARR of California. The cam- for’’ or ‘‘vote against.’’ They use the get busy on this and I asked, where is paign of the gentlewoman from Califor- picture of the candidate. They mention the bill that is bipartisan that will ad- nia (Mrs. CAPPS) is very well-known in the candidate’s name. dress this issue of these so-called sham this country. And what she is saying is I want to even become more personal her campaign was taken over by out- with my own experience. In a hard- ads? I feel very deeply about this particu- side influences, both her campaign and fought race in the 22nd District of Cali- lar part. I am not talking about the her opponent’s, and these outside influ- fornia, my opponent and I both faced ences were not accountable to anybody this new phenomenon in our current voter cards. I am talking about the ads in their district because they did not campaign situation. I am speaking now on television, very expensive ads. They have to disclose who they were and about $300,000 ads that were used to crowded our airwaves in California to where the money came from. support me. And I opposed those ads the degree that constituents came up Basically, what is happening here is because they were issue ads that did di- to me and said, ‘‘What is this? This the American public knows there is a rect voters to vote for me but did not does not sound like anything we have campaign season, there is a beginning do so under current laws, which, in the been talking about in your race.’’ and there is an end and they know right way, regulate the way campaigns It is demeaning to the process by what goes on in between. There ought should be run. which we come to this place. It is turn- In other words, they did so under this ing off our constituents. It is making to be something we know who is saying giant loophole which we have allowed them feel like we and they are pawns it. and these laws, these issues and the to a national idea, a good idea or a bad They could call somebody a rotten people behind them which are not dis- idea. I am not debating the merits of SOB. They could call somebody good. closed, the amount of money that they the issue. I am talking about what we They could call somebody evil. They can contribute is not limited, the are doing here in this body. could say all kinds of things about source of their funds are not disclosed, The CHAIRMAN pro tempore (Mr. them. But as long as they do not have and these ads are not accountable. COLLINS). The time of the gentlewoman to say vote for or against them but They directly influence the way cam- from California (Mrs. CAPPS) has ex- they say everything but that, they can paigns are handled. pired. destroy them. And they as a consumer, It even became common knowledge (On request of Mr. DOOLITTLE, and by as a voting person, they have no idea in my race in the special election in unanimous consent, Mrs. CAPPS was al- who has paid for all that. They do not California in March that eventually lowed to proceed for 3 additional min- even know who it is because they usu- these issue people said, candidates utes.) ally make up fake titles about what themselves will be incidental in con- Mr. DOOLITTLE. Mr. Chairman, will they are. They are always good citizens gressional races, that they are looking the gentlewoman yield? for something, but then all they do is for these people who espouse particular Mrs. CAPPS. I yield to the gen- talk about evil. issues, particular ideas about issues, tleman from California. So the campaign of the gentlewoman who want to have a platform and they Mr. DOOLITTLE. Mr. Chairman, the showed to America something that we see the congressional campaign as a gentlewoman and I think feel similarly in Congress were not even aware was very good platform on which to run about the trend of our elections. We going to happen, and that is that it is their issues. draw different conclusions as to what totally out of control, that we are They do not care about the people is the cause of this. But in response to going to have messages all over this who live in the district. They do not the question ‘‘where is the bill that ad- country by people that are totally un- particularly care about the candidate. dresses this?’’ I would submit my bill accountable. They want a national platform and a addresses this, H.R. 965. Because I If we pass this amendment, it will national voice for their issue. And would submit it is the severe limits on make it worse. Because the amendment maybe it is a good issue. Maybe it is hard-money contributions, which are says they can have any commentary, not. contributions by contributors directed any commentary, they can say any- But by not regulating this particular to candidates, that are driving this thing about anybody they want to as part of campaigns, we are allowing problem. long as they do not say vote yes or no. them access to the way candidates be- The Constitution allows, under the So they put out this message that is come elected officials and it is really various court rulings, which I think very evil and derogatory and they do doing an injustice I believe to the very are generally correct, people to con- not have to be accountable. core of what this House of Representa- tribute and express their point of view. That is not the way the American tives is about. It limits contributions right now to public is. Everything we are doing in June 19, 1998 CONGRESSIONAL RECORD — HOUSE H4871 this country is trying to make consum- about the hard money, of course, any- are expanding this definition. That is ers have more information. We are la- body can go down to the FEC and get a simply the point that I would like to beling what they eat. We are labeling record and they will know who gave make. what we sell them. We are labeling him money or anybody else in this Mr. SHAYS. Mr. Chairman, subject what they borrow their money from. Chamber and it is spelled out very ex- to the agreement I think of all sides, And we ought to label what their can- plicitly. this debate will continue, and we will didates have to deal with. It is a bad I think soft money is a little bit of a have further information provided from amendment. different issue. If it is independent ex- both sides, I move that the Committee Mr. WHITFIELD. Mr. Chairman, I penditures, they are required to file do now rise. move to strike the requisite number of their report with the FEC anyway. In The motion was agreed to. words. issue advocacy, if it is a political com- Accordingly, the Committee rose; First of all, I know the gentleman mittee, it is required to file a report. and the Speaker pro tempore (Mr. from Massachusetts (Mr. MEEHAN) a But my colleague is right, other COBLE) having assumed the chair, Mr. while ago was talking about this ad groups do not have to file a report. And COLLINS, Chairman pro tempore of the Committee of the Whole House on the that ran, and I am assuming it ran on I think we can find some cases where State of the Union, reported that that television. I assume it ran on tele- the Court has said that is free speech Committee, having had under consider- vision. and it is a little bit different than hard Mr. MEEHAN. If the gentleman will ation the bill (H.R. 2183) to amend the money and they do not have to go file Federal Election Campaign Act of 1971 yield, I did not see it on television, but all these reports, because they can I read the transcript of it and it was a to reform the financing of campaigns make the argument that in filing all for elections for Federal office, and for television ad and about $300,000 worth. these reports it provides an obstacle Mr. WHITFIELD. Reclaiming my other purposes, had come to no resolu- for people engaging in the political time, I think all of us are very much tion thereon. process. concerned about any ads that run with- f I want to just touch on for a moment, out a disclaimer. LEGISLATIVE PROGRAM I talked to some FEC lawyers yester- the reason that I object to what my day about that very point; and it is my colleagues all have done on this voting (Mr. FAZIO of California asked and understanding that if an ad like that record guide is that in paragraph 3 was given permission to address the runs anywhere without a disclaimer, they basically lay out the language as House for 1 minute.) they can go to the Federal Communica- set out in Buckley vs. Valeo, the so- Mr. FAZIO of California. Mr. Speak- tions Commission because they have a called bright line, and if they had er, I yield to the gentleman from Flor- law and regulations that prohibit those stopped after the word ‘‘reject,’’ I ida (Mr. GOSS) so I may traditionally type of ads. mean, I would not have had any prob- as I do at this time of the week inquire I agree with the gentleman that we lem with it myself. But the Court has of the majority as to the schedule for do not need ads running on television repeatedly said that they do have to the coming week. or anywhere else that does not have a use these express words. Mr. GOSS. Mr. Speaker, I thank the distinguished gentleman from Califor- disclaimer on them. But the FEC does b 1400 have some rules that disclaimers are nia for yielding. As a matter of fact, the question I Mr. Speaker, I am pleased to an- required. Mr. MEEHAN. If the gentleman would ask, the FEC is a group of gov- nounce that we have concluded legisla- would further yield, it is not so much ernment employees and they are going tive business for this week. The House will next meet on Monday, the problem of the disclaimer on the to have to make the decision about June 22, at 12:30 p.m. for morning hour bottom of the advertisement. The prob- what does this mean. Does this ad, or a campaign slogan or words in context and at 2 p.m. for legislative business. lem is that nobody knows where this On Monday, we will consider a num- money came from. The problem is we have no reasonable meaning other than to urge the election or defeat of one or ber of bills under suspension of the have an ad that is clearly meant to in- rules, a list of which will be distributed fluence an election; and when we run more clearly identified candidates? I think different people looking at a par- to Members’ offices. Members should ads that are clearly meant to influence note that we do not expect any re- an election, the public has a right to ticular ad can come up with different conclusions. corded votes before 5 p.m. on Monday, know where the money came from. June 22. That is what the issue is. I would say to the gentleman that in the Maine case, almost the exact lan- On Monday, we will also consider Mr. WHITFIELD. The only point I H.R. 4059, the Military Construction would raise there is that that brings up guage was used in that case where it said could only be interpreted by a rea- Appropriations Act, and H.R. 4060, the the whole issue of the right of privacy Energy and Water Development Appro- of individuals who contribute or orga- sonable person as containing advocacy of the election or defeat of one or more priations Act. nizations that contribute; and the Su- On Tuesday, June 23, the House will clearly identified candidates, and the preme Court, in certain cases, has indi- meet at 9 a.m. for morning hour and 10 Supreme Court ruled that as unconsti- cated that they have a right to keep a.m. for legislative business. We will tutional. I think the point we are try- that private. But that is another issue again consider a number of bills under ing to make is I think you are going to that we could talk about another day. suspension of the rules, a list of which be inviting another overturn by the Su- Mr. MEEHAN. If the gentleman will be distributed to Members’ offices. would continue to yield, people have a preme Court on that. On Tuesday, the House will also take right to privacy. However, when people The gentleman mentioned the up the Agricultural Appropriations spend their money to influence elec- Furgatch case which is exactly right. Act. Mr. Speaker, on Tuesday evening, tions in this country, the Supreme Basically they said the simple holding Republicans and Democrats will face Court has clearly indicated that the of Furgatch was in those instances off in the annual charity congressional public does have a right to know who is where political communications do in- baseball game. We hope to finish legis- spending money and how much they clude an explicit directive to voters to lative business by 5 p.m. and head to are spending and where it is coming take some course of action, then they the diamond for batting practice. from to influence elections. are going to say that that is express On Wednesday, June 24, the House Under this amendment that is being advocacy. In that case, they said, will meet at 10 a.m. to consider the fol- offered by the gentleman from Califor- ‘‘Don’t let him do it.’’ lowing legislation: nia (Mr. DOOLITTLE) basically, it says, I would also say to the gentleman The Treasury and General Govern- any communication, any commentary that that case was decided in the Ninth ment Appropriations Act; and the De- on the voting record positions or any- Circuit. The Ninth Circuit has been partment of Defense Appropriations thing else would be okay. That is a dif- turned over 27 of 28 times it went to Act. ferent right to privacy. the Supreme Court. I think we have a On Thursday, June 25, the House will Mr. WHITFIELD. Well, all I would legitimate concern about the stifling of meet at 10 a.m. to consider the Legisla- say is that, if the gentleman is talking speech that could go on by the way you tive Branch Appropriations Act. H4872 CONGRESSIONAL RECORD — HOUSE June 19, 1998 Mr. Speaker, we hope to conclude that we will have to await further no- Such hard-core right wingers as Lamar legislative business for the week by 6 tice from the leadership on. Alexander. Keep that in mind next p.m. on Thursday, June 25. Mr. FAZIO of California. But that is, time putting on a plaid shirt. Such Friday, June 26, as we know marks reclaiming my time, a possibility that guys as the gentleman from Illinois the beginning of the Independence Day we might have before the 14th of July, (Mr. HYDE); oh, is he not a fire storm District Work Period from which the at least a conference on the budget res- kind of guy? I mean one of the fairest House will return on Tuesday, July 14. olution? and most respected Members of the Mr. FAZIO of California. If I could re- Mr. GOSS. If the gentleman will House from both sides is on the list as claim my time, I would like to ask the yield further, I think that there are an enemy of the State. gentleman if he could tell us when we many possibilities for continuing good And then there is Bill Bennett. Of would next begin debate on the cam- legislation, and, as he knows, we will course we know what he did. He wrote paign finance reform issue. It looks, as seize them all. With regard to the gen- that book of virtues which is offensive it appears to, that we will be on appro- tleman’s observations on the number of to the administration. priations bills all week. Is there a date amendments on campaign finance, So I am going to submit this for the in the future, 2, 3 weeks out when we surely we are going to have a full, de- RECORD, Mr. Speaker. might get back to this subject we have liberative debate on this subject which JUNE 18, 1998. just been debating today? is, of course, what we all want. JUDICIAL WATCH UNCOVERS CARVILLE Mr. GOSS. If the gentleman will Mr. FAZIO of California. Mr. Speak- ‘‘ENEMIES LIST’’ yield further, as the distinguished gen- er, I appreciate the gentleman’s com- CARVILLE DOCUMENTS AND FILES SHOW INFOR- tleman well knows, the debate is well ments. MATION COMPILED ON PERCEIVED CLINTON AD- underway on this and has certainly f VERSARIES caught the interest of the Members, Documents produced by James Carville and I think the people who are inter- ADJOURNMENT TO MONDAY, JUNE and his Education Information Project (EIP) ested in this subject and will continue 22, 1998 in response to a Judicial Watch subpoena in on. Obviously next week we have a its Filegate case show that Carville uses the Mr. GOSS. Mr. Speaker, I ask unani- organization as a means to compile informa- very heavy schedule of appropriations mous consent that when the House ad- bills which are, I think, the highest tion on perceived adversaries of President journs today, it adjourn to meet at Clinton. In addition to Judicial Watch, the priority for this body at this time, and 12:30 p.m. on Monday next for morning documents indicate that Carville targets so my guess is, unless we have some hour debates. and/or keeps files on the following persons kind of a serious change in what I have The SPEAKER pro tempore. Is there and groups: outlined, that we will not get back to objection to the request of the gen- Independnt Counsel Kenneth Starr, Inde- the question of campaign finance until tleman from Florida? pendent Counsel Donald Smaltz, House Speaker Newt Gingrich, Congressman Henry shortly after the break. It is impossible There was no objection. to say exactly when, but there is a gen- Hyde, Richard Mellon Scaife, Olin Founda- eral understanding that it will happen f tion, Landmark Legal Foundation, Congress- man Dan Burton, Congressman Bob Barr, at about that time, so far as we can DISPENSING WITH CALENDAR David Bossie, Kathleen Willey, Jacob Stein, foresee the schedule at this moment. WEDNESDAY BUSINESS ON Judge David Sentelle, Jim Guy Tucker, Mr. FAZIO of California. Reclaiming WEDNESDAY NEXT Paula Jones, Citizens for Honest Govern- my time, I am constrained to note that Mr. GOSS. Mr. Speaker, I ask unani- ment, Bradley Foundation, Senator Jesse we have taken up three amendments Helms. and we have 258 of them in order that mous consent that the business in Senator Fred Thompson, Senator Lauch are nongermane and a number more order under the Calendar Wednesday Faircloth, Pat Robinson, David Brock, Floyd that obviously are germane and could rule be dispensed with on Wednesday Brown, Governor Mike Huckabee, Congress- be developed here on the floor. I am next. man Jack Kingston, Brent Bozell, Concord The SPEAKER pro tempore. Is there Coalition, Common Cause, Susan Carpenter concerned obviously that, while the de- McMillan, Gil Davis, David Hale, Dick Mor- bate has begun, we have not made a lot objection to the request of the gen- tleman from Texas? ris, Richard DeVos/Amway, Lamar Alexan- of progress on this very important der, Bill Bennett, Joe DiGenova. There was no objection. issue. The documents also indicate that Carville Could the gentleman tell me whether f likely works with Clinton lawyers David we would be in late on Monday evening Kendall and Mickey Kantor in compiling CARVILLE’S ENEMIES LIST as well as Wednesday evening, given some of his information on Kenneth Starr. the fact that the baseball game will in- (Mr. KINGSTON asked and was given Other evidence produced by Carville suggest that EIP considered, at least, using Presi- trude on Tuesday and we are obviously permission to address the House for 1 minute and to revise and extend his re- dent Clinton’s private investigator Terry hoping to get away on schedule on Lenzner and his firm IGI to investigate Inde- Thursday. Is there any sense the Mem- marks.) pendent Counsel Kenneth Starr. bers could obtain as to how late we Mr. KINGSTON. Mr. Speaker, you f would be here on Monday and Wednes- know there are a lot of lists in the day? world. There is the top 40 list of hit SPECIAL ORDERS Mr. GOSS. If the gentleman will music, there is the top 10 list that The SPEAKER pro tempore. Under yield further, I would estimate, al- Letterman is so famous for. There is the Speaker’s announced policy of Jan- though I would not want to guarantee, the list of the World Series winners, uary 7, 1997, and under a previous order but the best guess at this point would the most valuable players, the Oscar of the House, the following Members appear to be 7 p.m. to 8 p.m. as a range winners and so forth. But then of will be recognized for 5 minutes each. for Monday night, and, depending on course the White House keeps a series f other matters, it looks like now 10-ish of lists. We all remember the list Sec- or about Wednesday. retary of Energy Hazel O’Leary had of AWARD OF DIRECTOR’S MEDAL TO Mr. FAZIO of California. Reclaiming friendly and unfriendly reporters. RICHARD G. FECTEAU AND JOHN my time, is it possible that we would There are the lists that the White T. DOWNEY ON JUNE 25, 1998 take up a budget decision to go to con- House had of 900 private citizens who The SPEAKER pro tempore. Under a ference at any time next week which were deemed enemies of the State be- previous order of the House, the gen- would involve, as the gentleman from cause they were Republicans, and of tleman from Florida (Mr. GOSS) is rec- South Carolina has been intending to course there is the donors list which ognized for 5 minutes. offer, an instruction of conferees on the they have in the tax-paid-for computer Mr. GOSS. Mr. Speaker, I rise today budget resolution? at the White House. to recognize the extraordinary service Mr. GOSS. If the gentleman will But now there is a new list put out and sacrifice for this Nation of two of- yield further, I am advised that that is by James Carville, the Clinton right- ficers of the Central Intelligence Agen- a subject that is very timely and in hand man. This is the list of enemies of cy, Mr. Richard G. Fecteau and Mr. fact is presently under discussion and the administration. Who is on this list? John T. Downey. June 19, 1998 CONGRESSIONAL RECORD — HOUSE H4873 On June 25, 1998, George Tenet, the necticut and became a senior judge in payer money to the Russian government, un- Director of the Central Intelligence the State system. Today Judge Downey linked in any way to Russian government be- Agency, will present the Director’s lives with his wife, Audrey, in New havior or policy. Medal to Dick Fecteau and Jack Dow- Haven. Chairman GILMAN has done us a favor by ney for reasons that, to some extent, I These, Mr. Speaker, are the extraor- enlightening us with this article, Mr. Speaker. am able to describe in this forum dinary stories of two extraordinary Let us hope that the Administration, and this today. people. Their awards, it seems to me, Congress, heed his advice to at least tempo- Except for their kind indulgence in are most properly for the totality of rarily stanch the money flow to the Russian re- allowing me to commemorate this their lives; for answering their coun- gime and begin demanding real economic re- event on the floor of the House, Dick try’s call; for engaging in perilous op- form and better foreign policy behavior from Fecteau and Jack Downey will receive erations under fire; for enduring un- Boris Yeltsin. their awards as privately and as quiet- imaginable hardship in Chinese pris- STOP CODDLING YELTSIN ly as they served, and sacrificed for, ons; and, perhaps most of all, for re- President Clinton has announced his sup- our country. turning to their families, to their com- port for a possible new IMF loan to Russia, In 1951, fresh from college, Dick munities and to their country and con- potentially totaling $10 billion. Instead of Fecteau and Jack Downey joined the tinuing to contribute and give and rushing to provide that assistance to Presi- clandestine service of the Central In- make a difference in their commu- dent Boris Yeltsin’s government, we ought telligence Agency. After a period of to stop, ask some questions and seek changes nities. in Russian policies. training, they were sent to east Asia to b 1415 Russian foreign policy today appears to conduct agent re-supply and pick-up have one unfortunate objective. With his oft- operations over China as part of our These awards, Mr. Speaker, are for repeated mantra of seeking a ‘‘multipolar war effort in Korea. the extraordinary lives of Dick Fecteau world,’’ Yeltsin’s foreign minister and for- In such operations, Mr. Fecteau and and Jack Downey. I am honored to eign director of Russia’s intelligence service, Mr. Downey were to drop supplies and commemorate their lives before this Yevgeny Primakov, appears intent on creat- to retrieve agents for debriefing by fly- body. ing challenges to America’s global leader- ing in low, among the trees, and lit- Dick and Jack, thank you and God- ship, challenges we must assume the United speed. May this Nation always have States will overcome only after providing erally snatching agents from the concessions to Russia. ground. These operations are ex- citizens such as you to count on. Thus, just as the United States seeks to tremely difficult and demanding in f persuade Russia to participate in the larger peacetime. Needless to say, in war The SPEAKER pro tempore. Under a effort by the community of nations to fight zones, they are outright perilous. previous order of the House, the gen- proliferation of weapons of mass destruction, enforce United Nations mandates in places In November 1952, Mr. Fecteau and tleman from Hawaii (Mr. ABERCROMBIE) Mr. Downey were part of a crew that is recognized for 5 minutes. such as Iraq and pursue solutions to other was to fly into China, swoop to tree global problems, Primakov appears more in- (Mr. ABERCROMBIE addressed the terested in pursuing a price for Russia’s co- level, and snatch an agent from the House. His remarks will appear here- operation. ground. As their plane descended and after in the Extensions of Remarks.) Despite American concerns, the Yeltsin approached the snatch site, it was hit f government has extensive relations with by machine gun and small arms fire. Iran, a supporter of international terrorism The plane crashed and burned, killing The SPEAKER pro tempore. Under a intent on becoming a regional military the two pilots. Mr. Fecteau and Mr. previous order of the House, the gentle- power in the Persian Gulf. Russia provides Downey survived, but they were cap- woman from the District of Columbia advanced weapons and military technology tured by the forces of the People’s Re- (Ms. NORTON) is recognized for 5 min- to China, likely to contribute to future chal- utes. lenges to the ability of American forces to public of China. defend our friends in the Pacific, as Chinese In 1954, 2 years later, China sentenced (Ms. NORTON addressed the House. missile firings off Taiwan have portended, Mr. Fecteau and Mr. Downey to life in Her remarks will appear hereafter in Communist Cuba, with Russian encourage- prison. Their sentencing was, I under- the Extensions of Remarks.) ment, continues to seek Soviet-design reac- stand, the first time that the families f tors, despite American concerns. of the two learned that they were still As America seeks to stabilize the former STOP CODDLING YELTSIN alive. Over the next 20 years, Mr. Soviet states, Russia has involved itself in Fecteau and Mr. Downey were sub- The SPEAKER pro tempore. Under a ethnic conflicts on its periphery through previous order of the House, the gen- covert arms supplies and other means, and jected to extensive and aggressive in- has cut its neighbors’ access to energy pipe- terrogations and to long periods of soli- tleman from New York (Mr. SOLOMON) lines. Moscow has failed to ratify the START tary confinement. Year after year the is recognized for 5 minutes. II arms reduction treaty and demands ques- two endured this suffering and depriva- Mr. SOLOMON. Mr. Speaker, I would like to tionable revisions in other arms treaties. tion and they did so with dignity and insert for the record an excellent article on Oddly, despite its financial constraints, the courage and an abiding faith in our Russia policy by our colleague BEN GILMAN, Yeltsin government has found the means to country. the Chairman of the International Relations help finance the Soviet-style dictatorship of This Nation ultimately did not fail Committee. President Alexander Lukashenko in Belarus. Yeltsin’s government is characterized as them. In December of 1971, nearly 20 Unlike the Clinton administration, Chairman ‘‘reform-minded’’ but suffering from massive years later, our government finally ob- GILMAN cuts to the heart of the matter con- tax evasion. The reality is a bit different. tained the release of Dick Fecteau. And cerning Russia's economic problems. Instead Yeltsin’s personal support for reforms has in in March of 1973, we obtained the re- of the simple-minded, knee-jerk reaction of fact been inconsistent. At key points since lease of Jack Downey. giving the Russian government more money, 1991, he has simply withdrawn to his dacha, Dick Fecteau returned to the agency as President Clinton has proposed, Chairman leaving lower officials to fend for them- and continued his career. In 1976 he re- GILMAN correctly places the blame, and re- selves. At other times he has reversed steps tired and joined the staff of Boston sponsibility, for Russia's woes where it be- needed to move forward. But this unwillingness to pursue reforms University, his alma mater, as assist- longs: squarely on the shoulders of the Rus- vigorously has now caught up with Yeltsin. ant director of athletics. He retired sian government. Despite massive debt rescheduling, private from BU in 1989. Today Dick Fecteau This massively corrupt regime, composed loans, considerable foreign aid and large lives with his wife, Peg, outside of Bos- almost entirely of former Communist party bu- loans from the IMF and World Bank, Russia ton. reaucrats, has engaged in wholesale theft of is now approaching a fiscal train wreck. The Jack Downey retired from the agency money and wealth that properly belongs to pain of planned budget cuts might indeed be in 1973. Some of us feel that a bacca- Russian, American, and international tax- alleviated by an additional IMF loan, but an- laureate from Yale is perfectly service- payers. other worrisome reality in Russia—corrup- tion and related flight of capital—underlines able; but Jack, however, went on from It is a scandal of worldwide proportions and how temporary that relief would be. there to Harvard Law School, and in it has been not just neglected, but in fact con- Veniyamin Sokolov, a director of the Rus- 1976 he entered legal practice. In 1990 tributed to, by the Clinton administration's pol- sian equivalent of the U.S. General Account- he was appointed to the bench in Con- icy of maintaining a wide open spigot of tax- ing Office, recently visited the United H4874 CONGRESSIONAL RECORD — HOUSE June 19, 1998 States, speaking of the routine theft of Mr. Speaker, yesterday Vice Presi- which have come from the United money from Russian government and indus- dent GORE, I think, made some rather States Treasury and their current re- try. Russian nuclear reactor operators, coal exaggerated and unfortunate political quest for 18 or $17.9 billion, and I am miners and other average workers have pro- tested over unpaid wages in recent years. It remarks on a variety of subjects in- going to say 18 billion because it is a would seem that that problem can now be cluding this one: round number. Actually the number for traced to such theft. According to press reports today the the record, Mr. Speaker, is 17.9 billion, A recent study brings home to us the con- Vice President labeled opponents of the pretty close to 18 billion. sequences of this, estimating that while Rus- IMF appropriation, or at least those of Since 1945, when the IMF was put sia’s foreign borrowings in recent years have us who would like to reform the IMF into business for the first time, our totaled $99 billion, a full $103 billion in cap- operation along with some kind of an total appropriations, called a quota, ital has been spirited out of the country. appropriation, the Vice President la- total quota dollars to the IMF have Thus, much that Russia has borrowed has not gone into productive investment to cre- beled us as under the influence of a been $36 billion. Last summer the IMF ate a bigger tax base but has instead filled dangerous and growing isolationism. came to the Department of the Treas- the gaps left by the disappearance of billions Mr. Speaker, this attempt to associ- ury and Treasury Secretary Rubin of dollars worth of Russian capital. Mean- ate IMF reformers with isolationism is came to the Congress and said they while, Russian households and entrepreneurs simply not credible. needed an extra $18 billion. starve for such capital, operating on a barter In recent months I have talked to a Now you do not have to be an expert basis, which, again, cuts into Russia’s tax number of economists who are opposed at arithmetic or math to understand base. Now Russia’s borrowing to pay its bills has to the IMF operation as it stands that $18 billion is about 50 percent of created burgeoning short-term debt pay- today. Some of these economists have what we have given them since 1945, ments. Last year, a quarter of the govern- testified before us at the Joint Eco- and, Mr. Speaker, I would point out to ment budget went to pay debt interest, and nomic Committee as well as other com- all those who are listening that $18 bil- that figure will now rise. mittees here in the Congress both in lion is a tremendous amount of money Boris Yeltsin cannot simply make belli- this House and in the other body. If we particularly in light of the fact that we cose statements about tax cheats and resume have disagreements of policy, we ought are fighting here every day to keep our business as usual. And American officials should not rationalize new loans by simplis- to talk about it. But not one of the budget balanced. $18 billion, a 50 per- tically depicting a ‘‘reform-minded’’ govern- economists critical of the IMF was an cent increase, Mr. Speaker, in 1 year ment. It is also not an answer to say that isolationist or a protectionist, and nei- after 45 years of accumulating expendi- without loans nuclear-armed Russia would ther am I. If we have these disagree- tures, which now have come to $36 bil- fall apart, with subsequent instability plac- ments, they ought to be discussed lion; it seems like a lot to ask us to do, ing America at risk. Given current trends in openly, and that is why I am here $18 billion in one single appropriation. Russia, such instability is already likely, today. And I was surprised, therefore, to and soon, unless President Clinton insists on Let us talk about these issues: trans- find out even after that request came real change in Russian foreign and domestic policy now. parency, moral hazard, subsidized in- to us that that is about half what they If President Yeltsin fails to attack corrup- terest rates, taxpayer exposure and think they will need. In other words, if tion at the highest levels, Russian money other conditions that are associated they have already gotten 36 billion, and will continue to disappear—and the Russian with IMF loans to other countries. Un- they have now indicated that they are people’s patience is not limitless. Unless fortunately the Vice President seems going to come back in a few years for Yeltsin engages in comprehensive economic more inclined to score partisan points another $18 billion, that means they reform—and stays engaged—foreign invest- rather than to discuss the substance of want to increase our quota by a hun- ment in Russia will not grow. Finally, if President Yeltsin doesn’t begin to work sin- IMF issues. dred percent or very close to it. cerely with the United States to prevent pro- Mr. Speaker, let me discuss these And so I begin to ask myself, I said liferation of weapons of mass destruction to issues one at a time. this is very curious. For the past 53 countries such as Iran and Iraq, and to re- First, the amount of money that the years we have given or lent them $36 solve ethnic conflicts, particularly in the IMF has at its disposal and then what billion, and in 1 year they came back Balkans and the Caucasus, Russian domestic it has requested through our adminis- and wanted 18. There must be some instability will be compounded by growing tration as an additional appropriation reason for this. So we began to study instability outside Russia’s borders. or quota. Second, the issue of moral almost a year ago what it is the IMF This is a pivotal moment in our relation- hazard, which essentially means loan- ship with Russia. Now is the time to insist does with our money and why it is that on steps by President Yeltsin that will put ing money at subsidized interest rates. they might need this kind of an in- the American-Russian relationship—and re- Three, conditions that are associated crease. And we found, Mr. Speaker, forms in Russia—back on the right track. with IMF loans which have oftentimes that in countries recently like Korea, INTERNATIONAL MONETARY FUND proven to be less than helpful to the re- and Russia, and Indonesia, and Thai- The SPEAKER pro tempore. Under ceiving economies that we are trying land large amounts of money have been the Speaker’s announced policy of Jan- to boost up. Fourth, the issue of se- left to institutions in those countries uary 7, 1997, the gentleman from New crecy. The IMF does operate largely in to help bolster their economic position, Jersey (Mr. SAXTON) is recognized for a cloak of secrecy, and therefore a and what we found, Mr. Speaker, was 60 minutes as the designee of the ma- fourth point that I will discuss this that these loans on average over the jority leader. afternoon is that of more transparency last decade or so have averaged about Mr. SAXTON. Mr. Speaker, I have for the IMF. Fifth, exposure of tax- 4.7 percent in terms of the interest rate taken this time today to talk about an payer dollars. Yes, if we vote for an ap- that the IMF charges with moneys that issue which I think is of extreme im- propriation of $18 billion, there surely we have provided and, I must say, that portance to the American people and, I will be an exposure of taxpayers’ dol- other countries have provided as well. must say, one that does not get front- lars, and $18 billion even here in Wash- Now I would ask anyone who is lis- page newspaper attention very often. ington, Mr. Speaker, as you know is tening today if they could get a loan in That issue involves a request by our still a lot of money. And six, the sixth today’s market at 4.7 percent, I dare administration for $18 billion to fund point that I would like to speak on this say that there would be a lot of people the International Monetary Fund. afternoon is that the IMF, the Inter- who would be anxious to get those As I said, this is not always a front- national Monetary Fund, does have kinds of loans, and, as a matter of fact, burner issue, and so I take this time available assets at its disposal which it that is exactly what happens with the today to reflect on it inasmuch as Vice has as of this date left remained un- countries around the world where these President GORE yesterday made some tapped, and depending on how you loans are offered at 4.7 percent. They rather disparaging remarks about count that can be as much as very like this program, and so, as their those of us who do not share his posi- close to 80 or $90 billion. economies begin to falter for one rea- tion that it would be timely at this So let me begin by saying what got son or another, perhaps it is because of time to vote for an appropriation of $18 my attention on this issue almost a faults that are inherent in their bank- billion to add to the International year ago was the amount of money ing systems; we had a banking system Monetary Fund. that the IMF today has in its coffers problem here a few years ago when we June 19, 1998 CONGRESSIONAL RECORD — HOUSE H4875 had savings and loans fail; perhaps it is As a matter of fact, a few weeks ago vote for an $18 billion appropriations, something like that or perhaps there I had the opportunity to visit with ought to have access to before we, as are some other economic difficulties in some officials from the Korean govern- representatives of the American peo- some of their institutions in their ment in Korea, and we talked about ple, are asked to vote on those issues. countries, and they say, ‘‘Well, where these matters and the reforms that are So as to the issue of secrecy or trans- do we go for help? I mean how do we underway as part of the conditions of parency, we call upon them for a more solve this problem? Well, we have got loans the International Monetary transparent system so that we can see some very painful things that we could Funds have made in Korea, and there into the system and see what it is do on our own, or we could ask the were questions raised about whether or doing. International Monetary Fund to give not they were appropriate by me, and Now, I must say in fairness that part- us one of those subsidized loans at 41⁄2 there was a great deal of talk about it, way through the process the officials or 4.7 percent.’’ and then, as I went out and left the from the IMF said to my staff, tell And so what this does, Mr. Speaker, meetings and rode out through the Congressman SAXTON to come over, and is to create a tremendous demand in commerce sections of Seoul there in if he promises to look at the docu- the world markets for subsidized loans South Korea, I noticed that there were ments, and if he promises not to tell subsidized by American taxpayers’ dol- some signs on the shop windows, and of anybody what he sees, well, he is wel- lars for loans from the IMF, and that, course they were written in Korean and come to come. we discovered, was the reason, after a I could not tell what they said. But in Mr. Speaker, that is not the point. great deal of study, that the IMF needs the middle of the signs, the three The point is that the American people more money. Because of their policies American letters IMF. IMF were there who provide these dollars, and econo- they are expanding their role in the in the middle of the signs. mists and experts in financial matters world economy to the point where they in this country, have as much right to b have requested this 50 percent increase 1430 see that information as Members of in quota from the United States and, So I said to the gentleman who was Congress or as people who administer we believe, will be back, if they are with me, what do these signs say in the IMF itself. So this issue of trans- successful in obtaining this and ex- Korea that have the letters ‘‘IMF’’ in parency or secrecy is the fourth point panding their economic activities the middle? He said, well, they say dif- that I believe needs to be strongly ad- throughout the world, we believe that ferent things, but they are all very dressed. in just a few years they will be back meaningful. They essentially say that The fifth point is what I call expo- with another request for a like the IMF is here and that things are sure of taxpayers’ dollars. Now, there amount. very bad, and that the IMF is part of are those who advocate the $18 billion Now we asked the question of our- that because of the conditions that the appropriation without reforms; there selves: Is this what we want to believe IMF apparently has imposed, and is an appropriate use of these kinds or are those who say that this really does therefore, we are having a big sale be- these numbers of dollars from United not cost the taxpayers a dime. I think cause nobody can afford to buy our States taxpayers, and that is a ques- that was the phrase that was used; it tion that I guess everyone can answer goods at regular market prices, and so does not cost the taxpayers in this for themselves, but it seems to me that we have cut-rate sales going on because country a dime, because in exchange we have some domestic needs, we had the IMF is here. That is because, Mr. for the $18 billion, we get a promissory some discussions this morning about Speaker, the conditions that are im- note. So the promissory note becomes our national security and how we are posed by the IMF are often very harm- an asset in our portfolio, and in ex- spending less today than we were in ful and hurtful to the economy of the change, there is simply a transfer of as- 1985 in real dollars, and so there are countries that the IMF is proposing to sets. many things that we want to consider try to help. I have a hard time, I have a hard when we begin to look at whether or So what we might want to do if we time with that because if we have the not we want to appropriate this kind of are going to address the issues involved $18 billion, we can apply it against our money to provide for an expansion of here with the IMF, and I hope the Vice national debt; or if we decide in this an international loan program being President may take note of these body that we need to spend it on na- subsidized by American taxpayers dol- things, is to have a thorough review of tional security, we can spend it on na- lars. how the IMF arrives at its decisions, tional security; or if we decide that we The third point that I would like to not only about interest rates, but also want to spend it on education or envi- mention is the IMF practice of impos- about this point focusing on conditions ronmental protection, we can do that; ing what we think are sometimes ap- that accompany the loans. or if we decide we want a tax cut, we propriate but oftentimes inappropriate Number 4, Mr. Speaker, we discov- can apply it to the cost of a tax cut. conditions that go along with the ered during our studies of the Inter- But I dare say that it would be some- loans. And the way this happens is that national Monetary Fund that it is, in what difficult to take the IMF’s IOU or the IMF officials, oftentimes rep- fact, very difficult to study the Inter- the promissory note that they signed resented also by, I might say, officials national Monetary Fund and how it for us and make the same kinds of use from the United States Treasury, in of- works because they work in a cloak of of it so it may be considered an asset, fering to make loans negotiate certain secrecy. We began last summer making but it is certainly not a liquid asset; it types of conditions that go along with requests for information from the IMF, is certainly not the same kind of asset the loans. For example, it may be and it was not forthcoming. We asked that we transfer to the IMF in ex- thought that it would be a good idea to again and again and again for informa- change for the promissory note. change the way a country has its bank- tion and it was not forthcoming. We So I have a difficult time understand- ing system structured, or at some soon learned that the IMF does, in fact, ing the argument that it does not cost times the IMF officials might think it insist upon a level of secrecy that pre- the taxpayers a dime for that reason, is a good idea to devalue currency, or vents those of us who are here in Con- and I also have a difficult time under- they may think it is a good idea to get gress, representatives of the American standing how it is that that great big out of a deficit spending program that people, prevents us from doing an in- bureaucracy that is downtown here in may be inherent in some country’s depth study of the IMF in answering Washington, D.C. known as the IMF practices by increasing taxes. And such questions as: what are the criteria with thousands of square feet of office those of you who have heard me talk that are used to identify a country that space and secretaries and administra- many times before know that those of needs help? What are the criteria that tors and computers and all of those us on the Joint Economic Committee, are used to identify conditions that are things that have to be paid for that at least on the Republican side and I imposed? What are the criteria that are comes out of the IMF funds as well. So think it is fair to say on both sides of used for studying the effects of loans whether we accept the argument that the aisle have questions about whether that are made by the IMF? And ques- trading dollars for an IOU does not or not these conditions are appro- tions as those are things that we, as re- cost, if we accept the fact that that priate. sponsible individuals who are asked to does not cost the taxpayers a dollar, H4876 CONGRESSIONAL RECORD — HOUSE June 19, 1998 which I do not, so there certainly is an because of the need to go around the Ms. NORTON, for 5 minutes, today. expenditure and there certainly is an world and expand programs. (The following Members (at the re- exposure of taxpayer dollars. So I guess I would just return to my quest of Mr. GOSS) to revise and extend Now, so far here today I have tried to initial point that the Vice President their remarks and include extraneous be as explicit as possible about the fact brought this issue up yesterday, and it material:) that the IMF already has $36 billion of was reported in today’s newspapers Ms. ROS-LEHTINEN, for 5 minutes, our money and it has asked for a 50 that we who oppose flat out appropriat- today. percent increase, because they want to ing $18 billion without reforms are Mr. SOLOMON, for 5 minutes, today. expand their activities, because they somehow isolationists, that is not true; believe it is the right thing to do, and nothing could be further from the f we ought to question that and have an truth. If we can get the transparency EXTENSION OF REMARKS opportunity to study it and talk about that we need, if we can study the proc- it. ess through which the officials at the By unanimous consent, permission to Second, there is the issue that we IMF proceed, if we can understand the revise and extend remarks was granted call moral hazard; that is, continuing necessity for the conditions that we to: to bail people out with subsidized in- think are sometimes harmful; if we can (The following Members (at the re- terest rates, which is not a very painful do something about this moral hazard quest of Mr. FAZIO of California) and to thing for them to do. As a matter of issue so it does not encourage people to include extraneous material:) fact, I have said this before, and I do come back to us time after time after Mr. ADAM SMITH of Washington. not mean to trivialize this issue, but if time for bailout after bailout after Mr. BONIOR. there were a bank across the street bailout, then perhaps those of us who Mr. KIND. from the front of the Capitol that had call ourselves IMF reformers will be Ms. ESHOO. a sign on the front of it that said, come willing to proceed with a new IMF ap- Mr. KLECZKA. on over and we will provide you with a propriation of some kind. Mr. SERRANO. 4.5 percent interest rate, I bet there So, Mr. Speaker, I have made the Mrs. CLAYTON. would be a long line in front of that points here that are important to be Mr. TOWNS. building. So this issue of moral hazard made. I am sorry that the Vice Presi- Mr. KENNEDY of Massachusetts. and subsidized interest rates encour- dent has an inaccurate assessment of Ms. NORTON. ages the wrong kind of behavior. It en- our motivations. They are, in fact, Mr. CLYBURN. courages the kind of behavior that we honorable, and we, in fact, do want the Mr. GREEN. are trying to quell or to stop because of IMF to work, and we think that with Mr. HAMILTON. the incentive that is built into receiv- some changes, it will work, and this Ms. JACKSON-LEE of Texas. ing low, cut-rate, subsidized loans. House ought to proceed to seriously Mr. LIPINSKI. Also, the conditions that are imposed consider those changes or those re- (The following Members (at the re- on countries, whether or not they are forms in conjunction with any appro- quest of Mr. GOSS) and to include ex- helpful, perhaps sometimes they are priation that is made for these pur- traneous material:) hurtful. I believe that sometimes they poses. are, and I have gone into that. The Mr. PAPPAS. f issue of transparency or secrecy is also Mr. BURTON of Indiana. I believe very important, and the issue LEAVE OF ABSENCE Mr. FRANKS of New Jersey. of the exposure of taxpayers’ dollars is Mr. GILMAN. By unanimous consent, leave of ab- also important. Mr. ROGAN. sence was granted to: Let me conclude with point number 6 Mr. GOODLING. Mr. MCDADE (at the request of Mr. which I think is very important. Sec- Mrs. MORELLA. ARMEY) for today, on account of medi- retary Rubin and other proponents, Mr. PACKARD. cal reasons. both in the United States Treasury as (The following Members (at the re- Mr. MARTINEZ (at the request of Mr. well as in the IMF, and some people quest of Mr. SAXTON) and to include ex- GEPHARDT) for today, on account of of- here in the House have said, they need traneous material:) ficial business. the money. Whether one agrees with Mr. DELAY. everything the IMF does or not, they f Mr. GEKAS. perform a valuable function and there- SPECIAL ORDERS GRANTED fore, they really need the money. f I would just point out to my col- By unanimous consent, permission to leagues, Mr. Speaker, the IMF cur- address the House, following the legis- ADJOURNMENT rently has assets that include $40 bil- lative program and any special orders Mr. SAXTON. Mr. Speaker, I move lion in cash, $25 billion in a program heretofore entered, was granted to: that the House do now adjourn. which gives them the authority to bor- (The following Members (at the re- The motion was agreed to; accord- row $25 billion; they have $30 billion in quest of Mr. FAZIO of California) to re- ingly (at 2 o’clock and 41 minutes gold. Now, if I add all of this up, that vise and extend their remarks and in- p.m.), under its previous order, the looks like it comes to $95 billion in as- clude extraneous material:) House adjourned until Monday, June sets already, and some are making the Mr. ABERCROMBIE, for 5 minutes, 22, 1998, at 12:30 p.m. for morning hour argument that they need the money today. debates. h

EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for official foreign travel during the first quarter of 1998 by Committees of the U.S. House of Representatives, as well as a consolidated report of foreign currencies and U.S. dollars utilized for speaker-authorized official travel during the second quarter of 1998, pursuant to Public Law 95–384, and for miscellaneous groups in connection with official foreign travel during the calendar year 1998 are as follows: June 19, 1998 CONGRESSIONAL RECORD — HOUSE H4877 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON HOUSE OVERSIGHT, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 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, May 20, 1998.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, TRAVEL TO COLOMBIA, CHILE, ARGENTINA, AND PERU, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 2 AND APR. 9, 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

Dr. James Ford ...... 4/2 4/3 Colombia ...... 271.00 ...... 271.00 4/3 4/5 Chile ...... 548.00 ...... 548.00 4/5 4/7 Argentina ...... 546.00 ...... 546.00 4/7 4/9 Peru ...... 612.00 ...... 612.00 Committee total ...... 1,977.00 ...... 1,977.00 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 FORD, May 4, 1998.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, TRAVEL TO TAIWAN, THAILAND, BURMA, MALAYSIA, AND THE PHILIPPINES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 4 AND APR. 17, 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 Santoli ...... 4/5 4/8 Taiwan ...... 805.00 ...... 805.00 4/8 4/14 Thailand ...... 1,140.00 ...... 1,140.00 4/13 4/13 Burma ...... 4/14 4/15 Malaysia ...... 177.00 ...... 177.00 4/15 4/17 Philippines ...... 198.00 ...... 198.00 Committee total ...... 2,320.00 ...... 2,320.00 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. SANTOLI, May 5, 1998.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, TRAVEL TO KENYA, AND SUDAN, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN MAY 25 AND MAY 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

Kimberly A. Miller ...... 5/25 5/31 Kenya ...... 412.00 ...... 412.00 5/27 5/30 Sudan ...... 560.00 ...... 560.00 Commercial Airfare ...... 6,759.57 ...... 6,759.57 Committee total ...... 972.00 ...... 6,759.57 ...... 7,731.57 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. h KIMBERLY A. MILLER, June 4, 1998.

EXECUTIVE COMMUNICATIONS, ting the Mid-Session Review of the 1998—2003 1998, pursuant to 22 U.S.C. 2776(a); to the ETC. budget, pursuant to 31 U.S.C. 1106(a); to the Committee on International Relations. Committee on the Budget. Under clause 2 of rule XXIV, execu- 9742. A letter from the Administrator, En- tive communications were taken from 9739. A letter from the Clerk, United States vironmental Protection Agency, transmit- Court of Appeals, transmitting two opinions ting the semiannual report on activities of the Speaker’s table and referred as fol- of the United States Court of Appeals for the the Inspector General for the period October lows: District of Columbia Circuit; to the Commit- 1, 1997, through March 31, 1998, and the semi- 9736. A letter from the Assistant Secretary, tee on Education and the Workforce. annual Management Report for the same pe- for Legislative Affairs and Public Liaison, 9740. A letter from the Director, Defense riod, pursuant to 5 U.S.C. app. (Insp. Gen. Department of the Treasury, transmitting Security Assistance Agency, transmitting a Act) section 5(b); to the Committee on Gov- the annual Report to Congress for 1996 and report authorizing the transfer of up to ernment Reform and Oversight. 1997 on The Operation of the Enterprise for $100M in defense articles and services to the 9743. A letter from the Secretary of Agri- the Americas Facility; to the Committee on Government of Bosnia-Herzegovina, pursu- culture, transmitting the 6-month report in Agriculture. 9737. A letter from the the Acting Director, ant to Public Law 104—107, section 540(c) (110 compliance with the Inspector General Act the Office of Management and Budget, trans- Stat. 736); to the Committee on Inter- Amendments of 1988, pursuant to Public Law mitting the cumulative report on rescissions national Relations. 100—504, section 104(a) (102 Stat. 2525); to the and deferrals of budget authority as of June 9741. A letter from the Director, Defense Committee on Government Reform and 1, 1998, pursuant to 2 U.S.C. 685(e); (H. Doc. Security Assistance Agency, transmitting Oversight. No. 105—274); to the Committee on Appro- the listing of all outstanding Letters of Offer 9744. A letter from the Acting Assistant priations and ordered to be printed. to sell any major defense equipment for $1 Attorney General, Department of Justice, 9738. A letter from the Acting Director, Of- million or more; the listing of all Letters of transmitting a report entitled ‘‘Compliance fice of Management and Budget, transmit- Offer that were accepted, as of March 31, Simplification and Enforcement Reform H4878 CONGRESSIONAL RECORD — HOUSE June 19, 1998 Under Sections 213 and 223 of the Small Busi- the Department’s final rule—Airworthiness the Department’s final rule—Airworthiness ness Regulatory Enforcement Fairness Act Directives; Eurocopter France Model SA Directives; Construcciones Aeronauticas, of 1996’’; to the Committee on the Judiciary. 330F, G, and J Helicopters [Docket No. 97– S.A. (CASA) Model CN–235 Series Airplanes 9745. A letter from the Director, Office of SW–07–AD; Amendment 39–10572; AD 98–12–16] [Docket No. 98–NM–85–AD; Amendment 39– Government Relations, SMITHsonian Institu- (RIN: 2120–AA64) received June 18, 1998, pur- 10587; AD 98–12–34] (RIN: 2120–AA64) received tion, transmitting a copy of the ‘‘Annual suant to 5 U.S.C. 801(a)(1)(A); to the Commit- June 18, 1998, pursuant to 5 U.S.C. Proceedings of the One-Hundred Sixth Con- tee on Transportation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- tinental Congress’’ of the National Society 9756. A letter from the General Counsel, tation and Infrastructure. of the Daughters of the American Revolu- Department of Transportation, transmitting 9766. A letter from the General Counsel, tion, pursuant to 36 U.S.C. 18b; to the Com- the Department’s final rule—Amendment to Department of Transportation, transmitting mittee on the Judiciary. Time of Designation for Restricted Areas; the Department’s final rule—Airworthiness 9746. A letter from the General Counsel, CA [Airspace Docket No. 98–AWP–13] (RIN: Directives; Pilatus Aircraft Ltd. Model PC–12 Department of Transportation, transmitting 2120–AA66) received June 18, 1998, pursuant to Airplanes [Docket No. 97–CE–08–AD; Amend- the Department’s final rule—Track Safety 5 U.S.C. 801(a)(1)(A); to the Committee on ment 39–10596; AD 98–13–08] (RIN: 2120–AA64) Standards; Miscellaneous Proposed Revi- Transportation and Infrastructure. received June 18, 1998, pursuant to 5 U.S.C. sions [Docket No. RST–90–1, Notice No. 8] 9757. A letter from the General Counsel, 801(a)(1)(A); to the Committee on Transpor- (RIN: 2130–AA75) received June 18, 1998, pur- Department of Transportation, transmitting tation and Infrastructure. suant to 5 U.S.C. 801(a)(1)(A); to the Commit- the Department’s final rule—Airworthiness 9767. A letter from the General Counsel, tee on Transportation and Infrastructure. Directives; Raytheon Aircraft Company Department of Transportation, transmitting 9747. A letter from the General Counsel, Models 35, A35, B35, and 35R Airplanes [Dock- the Department’s final rule—Airworthiness Department of Transportation, transmitting et No. 98–CE–55–AD] (RIN: 2120–AA64) re- Directives; Alexander Schleicher the Department’s final rule—Waiver For Ca- ceived June 18, 1998, pursuant to 5 U.S.C. Segelflugzeugbau Model AS-K13 Sailplanes nadian Electric Utility Motor Carriers From 801(a)(1)(A); to the Committee on Transpor- [Docket No. 98–CE–04–AD; Amendment 39– Alcohol And Controlled Substances Testing tation and Infrastructure. 10593; AD 98–13–05] (RIN: 2120–AA64) received [FHWA Docket No. FHWA–97–3202] received 9758. A letter from the General Counsel, June 18, 1998, pursuant to 5 U.S.C. June 18, 1998, pursuant to 5 U.S.C. Department of Transportation, transmitting 801(a)(1)(A); to the Committee on Transpor- 801(a)(1)(A); to the Committee on Transpor- the Department’s final rule—Airworthiness tation and Infrastructure. tation and Infrastructure. Directives; British Aerospace Model H.P. 137 9768. A letter from the General Counsel, 9748. A letter from the General Counsel, Jetstream Mk.1, Jetstream Model 3101, Jet- Department of Transportation, transmitting Department of Transportation, transmitting stream Model 3201, and Jetstream 200 Series the Department’s final rule—Airworthiness the Department’s final rule—Safety Zone; Airplanes [Docket No. 97–CE–110–AD; Amend- Directives; Glaser-Dirks Flugzeugbau GmbH Skull Creek, Hilton Head Island SC [COTP ment 39–10577; AD 98–12–23] (RIN: 2120–AA64) Models DG–100 and DG–400 Gliders [Docket Savannah 98–034] (RIN: 2115–AA97) received received June 18, 1998, pursuant to 5 U.S.C. No. 97–CE–133–AD; Amendment 39–10592; AD June 18, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transpor- 98–13–04] (RIN: 2120–AA64) received June 18, 801(a)(1)(A); to the Committee on Transpor- tation and Infrastructure. 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the 9759. A letter from the General Counsel, tation and Infrastructure. Committee on Transportation and Infra- 9749. A letter from the General Counsel, Department of Transportation, transmitting structure. 9769. A letter from the U.S. Trade Rep- Department of Transportation, transmitting the Department’s final rule—Realignment of Colored Federal Airway; AK [Airspace Dock- resentative, Office of the President, trans- the Department’s final rule—Safety Zone: et No. 98–AAL–3] (RIN: 2120–AA66) received mitting a report on recent developments re- Great Catskills Triathlon, Hudson River, June 18, 1998, pursuant to 5 U.S.C. garding implementation of section 301 of the Kingston, New York [CGD01–98–040] (RIN: 801(a)(1)(A); to the Committee on Transpor- Trade Act of 1974, covering the period June 2115–AA97) received June 18, 1998, pursuant to tation and Infrastructure. 1996 through January 1998 and reflects the ef- 5 U.S.C. 801(a)(1)(A); to the Committee on 9760. A letter from the General Counsel, fectiveness of this trade remedy in eliminat- Transportation and Infrastructure. Department of Transportation, transmitting ing or reducing foreign unfair trade prac- 9750. A letter from the General Counsel, the Department’s final rule—Alteration of tices, pursuant to 19 U.S.C. 2419; to the Com- Department of Transportation, transmitting Restricted Areas; New Jersey and New York mittee on Ways and Means. the Department’s final rule—Special Local [Airspace Docket No. 98–AEA–3] (RIN: 2120– 9770. A letter from the Executive Director, Regulations: EZ Challenge Speed Boat Race, AA66) received June 18, 1998, pursuant to 5 Civil Air Patrol, transmitting the 1997 Civil Ohio River, Beech Bottom, West Virginia U.S.C. 801(a)(1)(A); to the Committee on Air Patrol Report to Congress, pursuant to [CGD08–98–037] (RIN: 2115–AE46) received Transportation and Infrastructure. 36 U.S.C. 207; jointly to the Committees on June 18, 1998, pursuant to 5 U.S.C. 9761. A letter from the General Counsel, National Security and Transportation and 801(a)(1)(A); to the Committee on Transpor- Department of Transportation, transmitting Infrastructure. tation and Infrastructure. the Department’s final rule—Revision of 9771. A letter from the Assistant Secretary 9751. A letter from the General Counsel, Class E Airspace; Homer, AK [Airspace (Civil Rights), Office for Civil Rights, trans- Department of Transportation, transmitting Docket No. 98–AAL–2] received June 18, 1998, mitting the Fiscal Year 1997 Annual Report the Department’s final rule—Drawbridge Op- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- to Congress, pursuant to 20 U.S.C. 3413(b)(1); eration Regulations; Atlantic Intracoastal mittee on Transportation and Infrastruc- jointly to the Committees on Education and Waterway, FL [CGDO7–98–029] (RIN: 2115– ture. the Workforce and the Judiciary. AE47) received June 18, 1998, pursuant to 5 9762. A letter from the General Counsel, 9772. A letter from the Assistant Secretary U.S.C. 801(a)(1)(A); to the Committee on Department of Transportation, transmitting for Legislative Affairs, Department of State, Transportation and Infrastructure. the Department’s final rule—Airworthiness transmitting a report entitled ‘‘Report to 9752. A letter from the General Counsel, Directives; Aerospatiale Model ATR42 and Congress on Iran-Related Multilateral Sanc- Department of Transportation, transmitting ATR72 Series Airplanes [Docket No. 97–NM– tion Regime Efforts,’’ pursuant to Public the Department’s final rule—Merger of the 64–AD; Amendment 39–10589; AD 98–13–01] Law 104—172; jointly to the Committees on Uniform States Waterway Marking System (RIN: 2120–AA64) received June 18, 1998, pur- International Relations, Banking and Finan- with the United States Aids to Navigation suant to 5 U.S.C. 801(a)(1)(A); to the Commit- cial Services, and Ways and Means. [USCG 97–3112] [CGD 97–018] (RIN: 2115–AF45) tee on Transportation and Infrastructure. f received June 18, 1998, pursuant to 5 U.S.C. 9763. A letter from the General Counsel, 801(a)(1)(A); to the Committee on Transpor- Department of Transportation, transmitting REPORTS OF COMMITTEES ON tation and Infrastructure. the Department’s final rule—Airworthiness PUBLIC BILLS AND RESOLUTIONS 9753. A letter from the General Counsel, Directives; Airbus Model A320 Series Air- Under clause 2 of rule XIII, reports of Department of Transportation, transmitting planes [Docket No. 97–NM–194–AD; Amend- the Department’s final rule—Drawbridge Op- ment 39–10586; AD 98–12–33] (RIN: 2120–AA64) committees were delivered to the Clerk eration Regulations; Atlantic Intracoastal received June 18, 1998, pursuant to 5 U.S.C. for printing and references to the prop- Waterway, FL [CGD07–98–025] (RIN: 2115– 801(a)(1)(A); to the Committee on Transpor- er calendar, as follows: AE47) received June 18, 1998, pursuant to 5 tation and Infrastructure. Mr. HYDE: Committee on the Judiciary. U.S.C. 801(a)(1)(A); to the Committee on 9764. A letter from the General Counsel, H.R. 3849. A bill to amend the Communica- Transportation and Infrastructure. Department of Transportation, transmitting tions Act of 1934 to establish a national pol- 9754. A letter from the General Counsel, the Department’s final rule—Airworthiness icy against Federal and State regulation of Department of Transportation, transmitting Directives; Fokker Model F27 Mark 100, 200, Internet access and online services, and to the Department’s final rule—Drawbridge Op- 300, 400, 500, 600, and 700 Series Airplanes exercise congressional jurisdiction over eration Regulations; Passaic River, NJ [Docket No. 98–NM–98–AD; Amendment 39– interstate and foreign commerce by estab- [CGD01–97–020] (RIN: 2115–AE47) received 10588; AD 98–12–35] (RIN: 2120–AA64) received lishing a moratorium on the imposition of June 18, 1998, pursuant to 5 U.S.C. June 18, 1998, pursuant to 5 U.S.C. exactions that would interfere with the free 801(a)(1)(A); to the Committee on Transpor- 801(a)(1)(A); to the Committee on Transpor- flow of commerce conducted over the Inter- tation and Infrastructure. tation and Infrastructure. net, and for other purposes; with amend- 9755. A letter from the General Counsel, 9765. A letter from the General Counsel, ments (Rept. 105–570, Pt. 2). Ordered to be Department of Transportation, transmitting Department of Transportation, transmitting printed. June 19, 1998 CONGRESSIONAL RECORD — HOUSE H4879 Mr. GOODLING: Committee on Education to the Committee on Commerce, and in addi- by the Speaker, in each case for consider- and the Workforce. H.R. 3892. A bill to amend tion to the Committee on Education and the ation of such provisions as fall within the ju- the Elementary and Secondary Education Workforce, for a period to be subsequently risdiction of the committee concerned. Act of 1965 to establish a program to help determined by the Speaker, in each case for By Mr. OBERSTAR: children and youth learn English, and for consideration of such provisions as fall with- H.R. 4098. A bill to authorize the Com- other purposes; with an amendment (Rept. in the jurisdiction of the committee con- mandant of the Coast Guard to convey the 105–587). Referred to the Committee of the cerned. real property comprising Coast Guard Light Whole House on the State of the Union. By Mr. FRANKS of New Jersey (for Station Two Harbors, located in Lake Coun- Mr. SKEEN. Committee on Appropriations. himself and Mr. MEEHAN): ty, Minnesota, to the Lake County Histori- H.R. 4101. A bill making appropriations for H.R. 4094. A bill to provide for comprehen- cal Society; to the Committee on Transpor- Agriculture, Rural Development, Food and sive brownfields assessment, cleanup, and re- tation and Infrastructure. Drug Administration, and Related Agencies development; to the Committee on Com- By Mr. RIGGS: programs, for the fiscal year ending Septem- merce, and in addition to the Committees on H.R. 4099. A bill to amend the Older Ameri- ber 30, 1999, and for other purposes (Rept. Ways and Means, and Small Business, for a cans Act of 1965 to authorize appropriations 105–588). Referred to the Committee of the period to be subsequently determined by the for fiscal years 1999, 2000, 2001, 2002, and 2003, Whole House on the State of the Union. Speaker, in each case for consideration of and for other purposes; to the Committee on such provisions as fall within the jurisdic- f Education and the Workforce. tion of the committee concerned. By Mr. MCCOLLUM: TIME LIMITATION OF REFERRED By Mr. GEJDENSON (for himself, Mr. H.R. 4100. A bill to amend title 18, United BILL GILMAN, Mr. HAMILTON, Mr. BERMAN, States Code, with respect to the employment Mr. SMITH of New Jersey, Mr. ROHR- of Federal prisoners, and for other purposes; Pursuant to clause 5 of rule X the fol- ABACHER, Ms. PELOSI, Mr. to the Committee on the Judiciary. lowing action was taken by the Speak- MCDERMOTT, Ms. ROS-LEHTINEN, Mr. By Mr. SKEEN: er: PAYNE, Mr. CLEMENT, Mr. VENTO, H.R. 4101. A bill making appropriations for H.R. 1965. Referral to the Committees on Mrs. MORELLA, Mr. DELAHUNT, Mr. Agriculture, Rural Development, Food and Ways and Means and Commerce extended for OLVER, Mr. LUTHER, Mr. MILLER of Drug Administration, and Related Agencies a period ending not later than August 7. 1998. California, Ms. WATERS, Mr. programs for the fiscal year ending Septem- H.R. 2281. Referral to the Committees on HASTINGS of Florida, Mr. JACKSON, ber 30, 1999, and for other purposes. Ways and Means and Commerce extended for Mr. BARRETT of Wisconsin, Mr. By Mr. FOX of Pennsylvania (for him- a period ending not later than June 26. 1998. MINGE, Mr. SHERMAN, Mr. ACKERMAN, self, Mr. NETHERCUTT, Ms. FURSE, Mr. H.R. 3849. Referral to the Committees on Ms. RIVERS, Mr. GUTIERREZ, Mr. MCNULTY, Mr. BALDACCI, Ms. Ways and Means and Commerce extended for WEXLER, Mr. FRANK of Massachu- LOFGREN, Ms. KILPATRICK, Mr. a period ending not later than June 26. 1998. setts, Mr. KENNEDY of Rhode Island, CUMMINGS, Mr. ROMERO-BARCELO, Mr. Mr. CUMMINGS, Mr. BROWN of Ohio, TOWNS, Mr. UNDERWOOD, Mr. FROST, f Mr. NADLER, Ms. VELAZQUEZ, Mr. Mr. FORBES, Mr. SANDERS, and Mr. PUBLIC BILLS AND RESOLUTIONS TOWNS, Mr. DIXON, Mr. KILDEE, Mr. PAPPAS): ROTHman, Ms. HOOLEY of Oregon, and H. Con. Res. 291. Concurrent resolution ex- Under clause 5 of Rule X and clause 4 Mr. MORAN of Virginia): pressing the sense of the Congress that a of Rule XXII, public bills and resolu- H.R. 4095. A bill to provide that the Presi- postage stamp should be issued to raise pub- tions were introduced and severally re- dent shall attempt to establish an inter- lic awareness of diabetes and to promote ferred, as follows: national arms sales code of conduct with all public support for diabetes research; to the Wassenaar Arrangement countries; to the Committee on Government Reform and By Mr. MCCOLLUM (for himself, Mr. Committee on International Relations. Oversight. SCHUMER, Mr. HYDE, Mr. CONYERS, By Mr. GEKAS (for himself, Mr. By Mr. CAMPBELL (for himself, Mr. Mr. BUYER, Mr. GEKAS, Mr. BARR of HAYWORTH, Mr. BALLENGER, Mr. PAYNE, and Mr. HASTINGS of Florida): Georgia, Mr. HUTCHINSON, Mr. BARTLETT of Maryland, Mrs. BONO, H. Con. Res. 292. Concurrent resolution CHABOT, Mr. COBLE, Ms. JACKSON- Mr. BRYANt, Mr. BURTON of Indiana, calling for an end to the recent conflict be- LEE, Mr. MEEHAN, Mr. GRAHAM, Mr. Mr. CANADY of Florida, Mr. CHABOT, tween Eritrea and Ethiopia, and for other WEXLER, and Mr. CUNNINGHAM): Mrs. CHENOWETH, Mr. COBLE, Mrs. purposes; to the Committee on International H.R. 4090. A bill to provide for a national CUBIN, Mr. DEAL of Georgia, Mr. DUN- Relations. medal for public safety officers who act with CAN, Mr. EHRLICH, Mr. ENGLISH of By Mr. DELAY: extraordinary valor above and beyond the Pennsylvania, Mr. EWING, Mr. GIB- H. Res. 480. A resolution expressing the call of duty; to the Committee on the Judici- BONS, Mr. GILCHREST, Mr. HANSEN, sense of the House of Representatives con- ary. Mr. HERGER, Mr. HILLEARY, Mr. cerning the assertion of protective function By Mr. SKEEN: HOSTETTLER, Mr. ISTOOK, Mr. JONES, privilege; to the Committee on the Judici- H.R. 4091. A bill to dissolve the Minerals Mrs. KELLY, Mr. KINGSTON, Mr. ary. Management Service of the Department of KOLBE, Mr. LARGENT, Mr. LAHOOD, By Mr. WATTS of Oklahoma (for him- the Interior; to the Committee on Resources. Mr. LEWIS of California, Mr. LEWIS of self, Mr. BUNNING of Kentucky, and By Mr. ABERCROMBIE (for himself, Kentucky, Mr. LINDER, Mr. MICA, Mr. Mr. RYUN): Mr. SANDERS, Mr. SANDLIN, Mrs. NEUMANN, Mr. PAXON, Mr. PITTS, Mr. H. Res. 481. A resolution expressing the LOWEY, Ms. DELAURO, Mr. BOSWELL, POMBO, Mr. RADANOVICH, Mr. sense of the House of Representatives that Ms. MILLENDER-MCDONALD, Mr. REDMOND, Mr. SALMON, Mr. SCAR- professional sports leagues and the Inter- FORD, Mr. BORSKI, Mrs. MINK of Ha- BOROUGH, Mr. BOB SCHAFFER, Mr. national Olympic Committee should help re- waii, and Mr. CUMMINGS): SESSIONS, Mr. SHADEGG, Mr. SMITH of inforce the unacceptability and harmfulness H.R. 4092. A bill to amend title XVIII of the Texas, Mr. SMITH of Michigan, Mr. of illegal drug use by establishing clear Social Security Act to increase the amount SNOWBARGER, Mr. STUMP, Mr. TAL- guidelines and penalties, and that athletes of payment under the Medicare program for ENT, Mr. THOMAS, Mr. TIAHRT, Mr. using illegal drugs who do not identify the pap smear laboratory tests; to the Commit- WATKINS, and Mr. WATTS of Okla- person who provided the illegal drugs and tee on Commerce, and in addition to the homa): successfully complete a drug treatment pro- Committee on Ways and Means, for a period H.R. 4096. A bill to amend title 5, United gram should be suspended from play for a to be subsequently determined by the Speak- States Code, to provide for Congressional re- minimum of one year without pay; to the er, in each case for consideration of such pro- view of rules establishing or increasing Committee on Commerce, and in addition to visions as fall within the jurisdiction of the taxes; to the Committee on the Judiciary, the Committee on International Relations, committee concerned. and in addition to the Committees on Ways for a period to be subsequently determined By Ms. DELAURO (for herself, Mr. and Means, and Rules, for a period to be sub- by the Speaker, in each case for consider- HILLIARD, Mr. HASTINGS of Florida, sequently determined by the Speaker, in ation of such provisions as fall within the ju- Mr. FROST, Mr. KLECZKA, Mr. each case for consideration of such provi- risdiction of the committee concerned. SANDLIN, Mr. LAMPSON, Ms. PELOSI, sions as fall within the jurisdiction of the f Mr. MALONEY of Connecticut, Mr. committee concerned. WYNN, Mr. MENENDEZ, Mr. LEWIS of By Ms. NORTON: ADDITIONAL SPONSORS Georgia, and Mr. CUMMINGS): H.R. 4097. A bill to provide transitional H.R. 4093. A bill to amend the Public community employment for unemployed per- Under clause 4 of rule XXII, sponsors Health Service Act and Employee Retire- sons, and other individuals in poverty, who were added to public bills and resolu- ment Income Security Act of 1974 to require live in certain identified communities, and tions as follows: group health plans and health insurance cov- for other purposes; to the Committee on H.R. 65: Mr. BARTLETT of Maryland. erage to establish hospital lengths of stay Education and the Workforce, and in addi- H.R. 619: Mr. BORSKI, Mr. STOKES, Mr. based on a determination by an appropriate tion to the Committee on Ways and Means, EHLERS, Mr. DIAZ-BALART, and Mr. KIND of physician in consultation with the patient; for a period to be subsequently determined Wisconsin. H4880 CONGRESSIONAL RECORD — HOUSE June 19, 1998

H.R. 1126: Mr. ENGEL, Mr. MORAN of Kan- Mr. HULSHOF, Mr. MCCOLLUM, Mr. MICA, Mr. Petition 1 by Mr. YATES on H. Res. 141: sas, and Mr. ROHRABACHER. OXLEY, Mr. SHIMKUS, Mr. JONES, and Mr. Glenn Poshard and David E. Bonior H.R. 1146: Mrs. MYRICK. COBLE. Petition 4 by Ms. SLAUGHTER on H.R. H.R. 1231: Mr. PAPPAS. H.R. 3870: Mr. REDMOND, Mr. HAYWORTH, 306: Pat Danner, Peter A. DeFazio, Thomas H.R. 1234: Mr. BRADY of Pennsylvania and Ms. PRYCE of Ohio, Mr. PAPPAS, and Mr. M. Barrett, Leonard L. Boswell, Eddie Ber- Ms. JACKSON-LEE. SNOWBARGER. nice Johnson, Cynthia A. McKinney, Rod R. H.R. 1334: Mr. SHAYS, Mr. SISISKY, Mr. KING H.R. 3879: Mr. LAHOOD and Mr. ROYCE. Blagojevich, Dennis J. Kucinich, Anna G. of New York, and Mr. MCNULTY. H.R. 3888: Mr. BISHOP and Mr. CASTLE. Eshoo, Zoe Lofgren, George Miller, Sam H.R. 1382: Mr. BROWN of California, Mr. LA- H.R. 3892: Mr. HILLEARY. Farr, W.G. Bill Hefner, Sam Gejdenson, Bar- FALCE, Mr. DOYLE, and Mr. SAWYER. H.R. 3911: Mr. STARK and Ms. ESHOO. bara Lee, Vic Fazio, Carolyn B. Maloney, H.R. 1401: Ms. ROS-LEHTINEN. H.R. 3925: Ms. WOOLSEY. Marcy Kaptur, Carolyn C. Kilpatrick, Bruce H.R. 2023: Ms. MCCARTHY of Missouri. H.R. 3980: Mr. WATTS of Oklahoma. F. Vento, Bob Clement, Elizabeth Furse, H.R. 2110: Ms. WOOLSEY. H.R. 3995: Ms. LEE, Mr. COYNE, Mr. KEN- Maxine Waters, Dale E. Kildee, Jim H.R. 2273: Mr. PASCRELL, Mr. OBERSTAR, NEDY of Massachusetts, Mr. GEJDENSON, Mr. McDermott, Bernard Sanders, Sheila Jack- Mr. LIVINGSTON, Mr. SCHUMER, Mr. GILMAN, FROST, and Mrs. THURMAN. son-Lee, John Lewis, Sherrod Brown, James Mr. SERRANO, and Mr. DOOLEY of California. H.R. 4005: Mr. MCCOLLUM. P. McGovern, Lloyd Doggett, Nick Lampson, H.R. 2613: Mr. EHLERS and Mr. CLYBURN. H.R. 4018: Mr. MINGE, Mr. MORAN of Vir- Ted Strickland, Chet Edwards, Frank H.R. 2721: Mr. NEY. ginia, Mr. TIERNEY, Mr. KENNEDY of Massa- Pallone, Jr., Maurice D. Hinchey, Carrie P. H.R. 2819: Mr. WELLER and Mr. JEFFERSON. chusetts, Mr. MCDERMOTT, and Mr. GUTIER- Meek, Charles E. Schumer, Steny H. Hoyer, H.R. 2826: Mr. ACKERMAN. REZ. Eliot L. Engel, Patrick J. Kennedy, David E. H.R. 3053: Mr. HILLIARD and Mr. HASTINGS H.R. 4019: Mr. BLUNT and Mr. HYDE. Bonior, Ciro D. Rodriguez, Sander M. Levin, of Florida. H.R. 4032: Mr. HAYWORTH, Mr. LATOURETTE, Lynn N. Rivers, and Lynn C. Woolsey. H.R. 3101: Mr. KLECZKA. and Mr. WAMP. H.R. 3248: Ms. CHRISTIAN-GREEN. H.R. 4065: Mr. CANNON and Mr. MANZULLO. f H.R. 3290: Mr. FOLEY, Mr. BERMAN, Mr. H.R. 4066: Mr. PAYNE, Mr. PAPPAS, and Mr. KUCINICH, Mr. FRELINGHUYSEN, Mr. QUINN, HALL of Ohio. Mr. CAMP, and Mr. JEFFERSON. H.R. 4075: Mr. GOODE. AMENDMENTS H.R. 3342: Mr. KILDEE. H.J. Res. 123: Mr. SKEEN, Mr. MORAN of Under clause 6 of rule XXIII, pro- H.R. 3506: Mr. KENNEDY of Massachusetts, Kansas, Mr. HILL, Mr. SESSIONS, Ms. Mr. DIXON, Mr. WISE, Mr. BROWN of Califor- STABENOW, and Mr. SHIMKUS. posed amendments were submitted as nia, Mr. BENTSEN, and Mr. DAVIS of Florida. H. Con. Res. 27: Mr. BRADY of Pennsylvania follows: MERSON OOLITTLE H.R. 3572: Mrs. E , Mr. D , and Mr. KLECZKA. AG. APPROPS., FY 99 Mr. KILDEE, Mr. WATTS of Oklahoma, Mr. H. Con. Res. 210: Mr. FORD. OFFERED BY: MR. BEREUTER BARCIA of Michigan, Mr. KLUG, Mr. LEWIS of H. Con. Res. 224: Mr. SHAYS. Georgia, Mr. SKELTON, and Mr. CHRISTENSEN. H. Con. Res. 254: Mr. WATTS of Oklahoma AMENDMENT NO. 1: At the end of the title H.R. 3584: Mr. LUCAS of Oklahoma. and Mr. SNYDER. relating to ‘‘GENERAL PROVISIONS’’, in- H.R. 3605: Mr. JEFFERSON and Ms. HOOLEY H. Con. Res. 268: Mr. ACKERMAN. sert the following new section: of Oregon. H. Con. Res. 288: Mr. ENGLISH of Pennsyl- SEC. . Section 538(f) of the Housing Act of H.R. 3637: Mr. ENGEL, Ms. KILPATRICK, Ms. vania, Mr. MICA, and Mr. ADERHOLT. 1949 (42 U.S.C. 1490p–2(f)) is amended by add- NORTON, Mr. VENTO, Mr. SAWYER, Ms. MCKIN- H. Con. Res. 290: Mrs. EMERSON, Mr. SMITH ing after and below paragraph (5) the follow- NEY, and Mr. DAVIS of Illinois. of Michigan, and Mr. KLUG. ing: H.R. 3660: Mrs. THURMAN. H. Res. 37: Mr. ENGLISH of Pennsylvania. ‘‘The Secretary may not deny a guarantee H.R. 3672: Mr. MANTON and Mr. KLECZKA. H. Res. 171: Ms. JACKSON-LEE. under this section on the basis that the in- H.R. 3720: Mr. SENSENBRENNER and Mr. PE- H. Res. 218: Mr. OWENS, Mr. ROMERO- terest on the loan, or on an obligation sup- TERSON of Minnesota. BARCELO´ , Ms. DELAURO, Mr. COOK, Mr. KIND porting the loan, for which the guarantee is H.R. 3764: Mr. KENNEDY of Rhode Island, of Wisconsin, and Mr. LAMPSON. sought is exempt from inclusion in gross in- Ms. SLAUGHTER, Mr. BEREUTER, and Mr. f come for purposes of chapter 1 of the Inter- LAMPSON. nal Revenue Code of 1986.’’. H.R. 3810: Mr. PALLONE, Mr. SMITH of New DISCHARGE PETITIONS— H.R. 4060 Jersey, Mr. PAPPAS, Mr. ROTHMAN, Mr. ADDITIONS OR DELETIONS FRELINGHUYSEN, Mr. MENENDEZ, and Mr. OFFERED BY: MR. FOLEY LOBIONDO. The following Members added their AMENDMENT NO. 1: Page 15, line 23, after H.R. 3865: Mr. HOBSON, Mr. PARKER, Mr. names to the following discharge peti- the first dollar amount, insert the following: WOLF, Mr. DICKEY, Ms. DUNN of Washington, tions: ‘‘(reduced by $5,000,000)’’. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, SECOND SESSION

Vol. 144 WASHINGTON, FRIDAY, JUNE 19, 1998 No. 81 Senate The Senate met at 10 a.m. and was It is hoped that Members who wish to The PRESIDENT pro tempore. The called to order by the President pro offer amendments to the defense bill clerk will call the roll. tempore [Mr. THURMOND]. will come to the floor during today’s The legislative clerk proceeded to session to offer and debate their call the roll. PRAYER amendments under short time agree- The Chaplain, Dr. Lloyd John ments. Mr. THURMOND. Mr. President, I Ogilvie, offered the following prayer: The majority leader has announced ask unanimous consent that the order Gracious God, as we approach this that there will be no votes during to- for the quorum call be rescinded. Father’s Day weekend, we praise You day’s session. Therefore, any votes or- The PRESIDING OFFICER (Mr. that You are our Heavenly Father from dered with respect to the DOD bill, or FRIST). Without objection, it is so or- whom we learn what true fatherhood any other legislative or executive dered. really means. You exemplify the per- items, will be postponed to occur at a Mr. THURMOND addressed the Chair. fect blend of admonition and affirma- later date. tion, discipline and nurture, encourage- The leader would like to remind The PRESIDING OFFICER. The Sen- ment and inspiration. Members that the Independence Day ator from South Carolina is recognized. May this Father’s Day be more than recess is fast approaching and therefore Mr. THURMOND. I ask unanimous a celebration honoring fathers, but a the cooperation of all Members will be consent that the cost estimate for S. day of calling fathers to their responsi- necessary to make progress on a num- 2057 prepared by the Congressional bility for the spiritual and character ber of important items, including ap- Budget Office be printed in the RECORD. formation of their children. In this propriations bills, any available con- There being no objection, the mate- time of dropout dads and absentee fa- ference reports, the Higher Education rial was ordered to be printed in the thers, when 21 million children in Act, the DOD authorization bill, and RECORD, as follows: America live without a father in their any other legislative or executive homes, we ask You to instigate a fa- items that may be cleared for action. U.S. CONGRESS, ther movement. I thank my colleagues for their at- CONGRESSIONAL BUDGET OFFICE, Washington, DC, June 9, 1998. Bless the families of our land. Stir fa- tention. Hon. STROM THURMOND, thers who have abdicated their leader- I yield the floor. Chairman, Committee on Armed Services, ship. When fathers are silent about f U.S. Senate, Washington, DC. their faith, children miss the strength DEAR MR. CHAIRMAN: The Congressional and courage of learning how to trust NATIONAL DEFENSE AUTHORIZA- TION ACT FOR FISCAL YEAR 1999 Budget Office has prepared the enclosed cost You with the ups and downs of life. We estimate for S. 2057, the National Defense need a great spiritual awakening. The PRESIDENT pro tempore. The Authorization Act for Fiscal Year 1999. clerk will report the unfinished busi- Thank You for waking up the fathers If you wish further details on this esti- of the land and for a Father’s Day dedi- ness. mate, we will be pleased to provide them. cated to the recovery of the role of The legislative clerk read as follows: Sincerely, strong fathers to love their wives and A bill (S. 2057) to authorize appropriations JUNE E. O’NEILL, their children. Through our Lord and for the fiscal year 1999 for military activities Director. Savior. Amen. of the Department of Defense, for military construction, and for defense activities of Enclosure. f the Department of Energy, to prescribe per- CONGRESSIONAL BUDGET OFFICE COST RECOGNITION OF THE ACTING sonnel strengths for such fiscal year for the ESTIMATE, JUNE 9, 1998 Armed Forces, and for other purposes. MAJORITY LEADER S. 2057: NATIONAL DEFENSE AUTHORIZATION The Senate resumed consideration of The PRESIDENT pro tempore. The ACT FOR FISCAL YEAR 1999, AS REPORTED BY the bill. able acting majority leader, the distin- THE SENATE COMMITTEE ON ARMED SERV- Pending: ICES ON MAY 11, 1998 guished Senator from Tennessee, is rec- Feinstein amendment No. 2405, to express ognized. the sense of the Senate regarding the Indian SUMMARY f nuclear tests. S. 2057 would authorize appropriations for Brownback amendment No. 2407 (to amend- SCHEDULE 1999 for the military functions of the Depart- ment No. 2405), to repeal a restriction on the ment of Defense (DoD) and the Department Mr. FRIST. Mr. President, this morn- provision of certain assistance and other of Energy (DOE). It also would prescribe per- ing the Senate will resume consider- transfers to Pakistan. sonnel strengths for each active duty and se- ation of the Department of Defense au- Mr. FRIST. Mr. President, I suggest lected reserve component of the U.S. armed thorization bill. the absence of a quorum. forces. Assuming appropriation of the

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

S6641

.

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6642 CONGRESSIONAL RECORD — SENATE June 19, 1998 amounts authorized for 1999, CBO estimates that act legislative provisions that are nec- mates of these amounts. In addition to the that enacting S. 2057 would result in addi- essary for the national security. CBO has de- costs covered by the 1999 authorizations in tional discretionary spending from 1999 ap- termined that all other provisions in S. 2057 the bill, these provisions would lower esti- propriations of $269 billion over the 1999–2003 either fit within this exclusion or do not con- mated costs by $4.8 billion over the 2000–2003 period, including $1.9 billion that would be tain intergovernmental mandates as defined period. The following sections describe the designated as emergency funding. In addi- by UMRA. estimated authorizations shown in Table 3 tion, the bill contains provisions that would ESTIMATED COST TO THE FEDERAL GOVERNMENT and provide information about CBO’s cost es- lower the cost of discretionary defense pro- The estimated budgetary impact of S. 2057 timates. grams over the 2000–2003 period by about $4.8 is shown in Table 1, assuming that the bill Endstrength billion. will be enacted by October 1, 1998. The bill would affect direct spending through land conveyances, the sale of naval Authorizations of Appropriations The bill would specifically authorize ap- vessels, loss of receipts from the auction of The bill would authorize specific appro- propriations of $70.4 billion for military pay the electromagnetic spectrum, changes to priations totaling $273.5 billion in 1999 for and allowances in 1999. Under the bill, the military retirement and survivor benefit military programs in DoD and DOE. The bill authorized endstrengths in 1999 for active- programs, and other provisions. CBO esti- would authorize $271.6 billion for ongoing duty personnel and personnel in the Selected mates that the bill would raise direct spend- programs and $1.9 billion on an emergency Reserve would total 1,395,780 and 877,094, re- ing by $71 million in 1999 and by $1.1 billion basis to cover the incremental costs of oper- spectively. Compared to the minimum over the 1999–2003 period. It also would gen- ations in and around Bosnia and Herzegovina endstrength level set in current law— erate receipts from assets sales totaling $251 (see Table 2). These costs would fall within 1,431,379 active-duty personnel—the million in 1999. The combined effect would be budget function 050 (national defense). The endstrength specified in S. 2057 would lower to lower spending by $180 million in 1999 but estimate assumes that the amounts author- personnel costs by $1.5 billion to $1.7 billion raise it by $826 million over the 1999–2003 pe- ized will be appropriated for 1999. Outlays are annually. riod. Because the bill would affect direct estimated based on historical spending pat- Also the bill would authorize an terns. In addition, S. 2057 would authorize spending, pay-as-you-go procedures would endstrength of 8,000 in 1999 for the Coast specific appropriations for other budget apply. Guard Reserve. This authorization would S. 2057 would require some airlines to ex- functions: $117 million for the Naval Petro- cost about $69 million and would fall under tend federal government rates to reservists leum Reserve (function 270); $71 million for budget function 400, transportation. traveling to and from their inactive duty the Armed Forces Retirement Home (func- stations. This requirement may be a private- tion 700). Grade Structure. Section 415 would change sector mandate as defined by the Unfunded The bill also contains provisions that the grade structure of active-duty personnel Mandates Reform Act (UMRA). However, the would affect various costs, mostly for per- in support of the reserves. This change would cost of this provision would be small, and sonnel, that would be covered by the fiscal not increase the overall endstrength, but well below the threshold established by year 1999 authorization and by authoriza- would result in more promotions. The provi- UMRA. UMRA excludes from application of tions in future years. Table 3 contains esti- sion would cost about $3 million a year. TABLE 1.—BUDGETARY IMPACT OF S. 2057 AS REPORTED BY THE SENATE COMMITTEE ON ARMED SERVICES [By fiscal year, in millions of dollars]

1998 1999 2000 2001 2002 2003

SPENDING SUBJECT TO APPROPRIATION ACTION Spending Under Current Law for Defense Programs: Budget Authority 1 ...... 270,786 0 0 0 0 0 Estimated Outlays ...... 269,058 91,071 33,952 15,117 6,586 3,047 Proposed Changes: Regular Authorizations: Authorization Level ...... 0 271,867 0 0 0 0 Estimated Outlays ...... 0 179,519 54,255 20,578 9,103 3,590 Emergency Authorizations: Authorization Level ...... 0 1,859 0 0 0 0 Estimated Outlays ...... 0 1,533 283 32 8 0 Spending Under S. 2057 for Defense Programs: Authorization Level 1 ...... 270,786 273,726 0 0 0 0 Estimated Outlays ...... 269,058 272,123 88,490 35,727 15,697 6,637 DIRECT SPENDING Estimated Budget Authority ...... 0 71 74 264 508 160 Estimated Outlays ...... 0 71 74 264 508 160 ASSET SALES 2 Estimated Budget Authority ...... 0 ¥251 (3) (3) (3) (3) Estimated Outlays ...... 0 ¥251 (3) (3) (3) (3) 1 The 1998 level is the amount appropriated for programs authorized by the bill. 2 Under the Balanced Budget Act of 1997, proceeds from a nonroutine asset sale may be counted for purposes of pay-as-you-go scoring only if the sale would entail no net financial cost to the government. CBO estimates that the non- routine asset sales that would result from enacting S. 2057 would generate a net savings to the government, and therefore that the proceeds would be counted for pay-as-you-go purposes. 3 CBO does not have enough information to estimate the budgetary impact of land conveyances that would be authorized under S. 2057. Note: Costs of the bill would fall under budget function 505 (national defense), except for certain other items as noted in the text.

TABLE 2.—SPECIFIC AUTHORIZATIONS IN THE NATIONAL DEFENSE AUTHORIZATION ACT, 1999, AS REPORTED BY THE SENATE COMMITTEE ON ARMED SERVICES [By fiscal year, in millions of dollars]

Category 1999 2000 2001 2002 2003

Military Personnel: Authorization Level ...... 70,434 0 0 0 0 Estimated Outlays ...... 66,472 3,451 211 70 0 Operation and Maintenance: Authorization Level ...... 94,314 0 0 0 0 Estimated Outlays ...... 71,370 17,474 3,062 1,073 439 Procurement: Authorization Level ...... 49,782 0 0 0 0 Estimated Outlays ...... 11,601 14,107 12,469 6,446 2,586 Research, Development, Test, and Evaluation: Authorization Level ...... 36,271 0 0 0 0 Estimated Outlays ...... 18,882 13,306 2,730 689 241 Military Construction and Family Housing: Authorization Level ...... 8,277 0 0 0 0 Estimated Outlays ...... 2,630 2,536 1,497 795 255 Atomic Energy Defense Activities: Authorization Level ...... 11,918 0 0 0 0 Estimated Outlays ...... 7,893 3,266 615 48 48 Other Accounts: Authorization Level ...... 802 0 0 0 0 Estimated Outlays ...... 330 168 113 41 40 General Transfer Authority: Authorization Level ...... 0 0 0 0 0 Estimated Outlays ...... 280 ¥60 ¥120 ¥60 ¥20 Subtotal—Regular Authorizations: Authorization Level ...... 271,798 0 0 0 0 Estimated Outlays ...... 179,457 54,248 20,578 9,103 3,590

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 19, 1998 CONGRESSIONAL RECORD — SENATE S6643 TABLE 2.—SPECIFIC AUTHORIZATIONS IN THE NATIONAL DEFENSE AUTHORIZATION ACT, 1999, AS REPORTED BY THE SENATE COMMITTEE ON ARMED SERVICES—Continued [By fiscal year, in millions of dollars]

Category 1999 2000 2001 2002 2003

Emergency Authorizations: Authorization Level ...... 1,859 0 0 0 0 Estimated Outlays ...... 1,533 283 32 8 0 Total: Authorization Level ...... 273,657 0 0 0 0 Estimated Outlays ...... 180,990 54,531 20,610 9,111 3,590

TABLE 3.—ESTIMATED AUTHORIZATIONS OF APPROPRIATIONS FOR SELECTED PROVISIONS IN S. 2057 AS REPORTED BY THE SENATE COMMITTEE ON ARMED SERVICES [By fiscal year, in millions of dollars]

Category 1999 2000 2001 2002 2003

Endstrengths: Department of Defense: Estimated Authorization Level ...... ¥1,485 ¥1,537 ¥1,595 ¥1,647 ¥1,700 Estimated Outlays ...... ¥1,402 ¥1,524 ¥1,585 ¥1,639 ¥1,690 Coast Guard Reserve: Estimated Authorization Level ...... 69 0 0 0 0 Estimated Outlays ...... 62 7 0 0 0 Grade Structure: Estimated Authorization Level ...... 3 3 3 3 3 Estimated Outlays ...... 3 3 3 3 3 Compensation and Benefits (DoD): Military Pay Raise in 1999: Estimated Authorization Level ...... 6 6 6 6 6 Estimated Outlays ...... 6 6 6 6 6 Expiring Bonuses and Allowances: Enlistment/reenlistment Bonuses (Active): Estimated Authorization Level ...... 0 43 13 12 9 Estimated Outlays ...... 0 41 15 12 9 Aviation and Nuclear Special Pay: Estimated Authorization Level ...... 0 23 8 8 7 Estimated Outlays ...... 0 21 9 8 7 Various Bonuses (Reserve): Estimated Authorization Level ...... 0 14 11 8 4 Estimated Outlays ...... 0 13 12 9 4 Special Pay for Nurses: Estimated Authorization Level ...... 0 3 0 0 0 Estimated Outlays ...... 0 3 0 0 0 Voluntary Separation/Early Retirement: Estimated Authorization Level ...... 0 160 160 160 160 Estimated Outlays ...... 0 155 160 160 160 Benefits for Involuntary Separations: Estimated Authorization Level ...... 0 40 40 40 40 Estimated Outlays ...... 0 38 40 40 40 Recruiting Incentives: Estimated Authorization Level ...... 32 28 22 20 20 Estimated Outlays ...... 32 28 22 20 20 Termination of Survivor Premiums: Estimated Authorization Level ...... 21 22 22 23 23 Estimated Outlays ...... 21 22 22 23 23 Changes in Reenlistment Bonuses: Estimated Authorization Level ...... 10 6 4 4 2 Estimated Outlays ...... 10 6 4 4 2 Education Loan Repayment: Estimated Authorization Level ...... 10 10 5 0 0 Estimated Outlays ...... 10 10 5 0 0 Incentive Payments to Civilian Employees: Estimated Authorization Level ...... 0 42 41 154 125 Estimated Outlays ...... 0 42 41 154 125 Health Care Provisions: Estimated Authorization Level ...... 14 25 26 27 5 Estimated Outlays ...... 14 25 26 27 5 Long-Term Charter of a Naval Vessel: Estimated Authorization Level ...... 77 24 0 0 0 Estimated Outlays ...... 4 10 11 10 11 Limitation of Price Preference for SDBs: Estimated Authorization Level ...... ¥8 ¥8 ¥8 ¥9 ¥9 Estimated Outlays ...... ¥8 ¥8 ¥8 ¥9 ¥9 Other Provisions: Estimated Authorization Level ...... 5 5 9 6 5 Estimated Outlays ...... 5 5 9 6 5 Total Authorization of Appropriations: Estimated Authorization Level ...... ¥1,246 ¥1,091 ¥1,233 ¥1,185 ¥1,300 Estimated Outlays ...... ¥1,243 ¥1,097 ¥1,208 ¥1,116 ¥1,279 Note: For every item in this table except one, the 1999 impacts are included in the amounts specifically authorized to be appropriated in the bill. Those amounts are shown in Table 2. Only the authorization of endstrength for the Coast Guard Reserve is additive to the amounts in Table 2.

Compensation and Benefits are made in installments. CBO estimates separation benefit in recent years, CBO esti- S. 2057 contains several provisions that that payment of enlistment and reenlist- mates the cost of extending that authority would affect military compensation and ben- ment bonuses for active duty personnel would be less than $10 million a year. How- efits. would cost $43 million in fiscal year 2000. The ever, recent experience indicates that early Pay Raises. Section 601 would raise basic cost of extending special payments for avi- retirement incentives may be used more ators and nuclear-qualified personnel would pay by 3.1 percent or $1.2 billion in 1999. Be- often. CBO estimates that DoD would spend cause the pay raise would be the same as be $23 million in 2000. Payment authorities about $150 million annually to cover the under current law, section 601 would have no for various bonuses for the Selected and incremental costs. Section 602 would in- Ready Reserve would total $14 million in costs of extending an option to retire early. crease the pay rates for cadets and mid- 2000. We estimate that authorities to make Benefits for Involuntary Separations. Section shipmen at the service academies. The incre- special payments to nurse officer candidates, 522 would also extend for four years transi- mental cost of this provision would be $6 registered nurses, and nurse anesthetists tional benefits for former military personnel million annually. would cost $3 million in 2000. The estimated who have left service involuntarily. These Expiring Bonuses and Allowances. Several cost of all these bonuses and allowances is benefits include travel and transportation al- sections would extend for three months $163 million over the 2000–2003 period. DoD’s authority to pay certain bonuses and Voluntary Separation Benefits and Early Re- lowances, payments for storing household allowances to current personnel. The author- tirement. Section 522 would extend for four goods, and access to health care, com- ity is scheduled to expire at the end of fiscal years DoD’s authority to separate personnel missaries, and family housing. CBO esti- year 1999, but in some cases renewing au- by paying voluntary separation benefits and mates that costs for extending these benefits thorities for even brief periods results in offering early retirement. Because DoD has would total $40 million a year starting in costs over several years because payments made relatively little use of the voluntary 2000.

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6644 CONGRESSIONAL RECORD — SENATE June 19, 1998 Recruiting Incentives. The bill would change discretionary costs by $76 million between Although automatic enrollment could en- restrictions governing two recruiting incen- 2000 and 2003. If both provisions were en- courage some dependents who do not cur- tives that would be extended through Janu- acted, discretionary spending would increase rently rely on military health care to join ary 1, 2000. Section 616 would increase the by an additional $42 million in 2002 and 2003. Tricare, CBO believes that the costs to DoD maximum enlistment bonus in the Army These costs reflect additional incentive pay- would be negligible because nearly all de- from $4,000 to $6,000 for individuals who en- ments and deposits to the Civil Service Trust pendents of members in grades E–4 and below list for three years and score 50 or above on Fund that DoD would be required to make already use the military health system. But, the Armed Forces Qualification Test. Based for each employee who accepts an incentive if automatic enrollment encourages current on current recruitment goals, CBO estimates payment. These figures also incorporate sav- participants in Tricare Extra and Tricare that costs for enlistment bonuses would in- ings that DoD would realize due to lower Standard to get care from the MTFs instead, crease by $4 million in 1999 and about $2 mil- spending on severance payments associated then DoD would incur more costs in its di- lion in 2000. Under current law, enlistees can- with involuntary separations. Additional in- rect care system. However, only a small part not receive both the college fund benefits formation about the budgetary impact of of this population would be likely to change and an enlistment bonus. Section 619 would these provisions is provided below in the dis- providers based solely on automatic enroll- also allow certain enlistees to receive both cussion of impacts on direct spending. ment, and because Tricare contractors would experience lower health care costs from recruitment incentives, which CBO esti- Military Health Care Programs and Benefits mates would cost $8 million in 1999, $6 mil- shifts to the MTFs, at least some of DoD’s Title VII contains several provisions that extra costs would be offset by adjustments to lion in 2000, and $2 million in 2001. would affect health care programs and bene- In addition, the maximum benefit from the the price of the managed care contracts. fits although only a few would have a budg- Authority to Provide Tricare Coverage. Under military college funds under section 618 etary impact. current law beneficiaries lose eligibility for would increase in 1999 from $40,000 to $50,000, Demonstration Projects. Section 707 would Tircare once they are eligible for Medicare. at an estimated cost to the military pay ac- require DoD to establish three demonstra- Section 704 would allow DoD to extend counts of $20 million a year. tion projects involving health benefits for Tricare eligibility through June 30, 1999, for Termination of Premiums for Survivor Bene- certain beneficiaries who are eligible for certain beneficiaries who have become eligi- fits. Under section 631 a military retiree par- Medicare and who live 40 miles or more from ble for Medicare because of a disability but ticipating in the Survivor Benefit Plan a military treatment facility (MTF), a so- who have not enrolled in Medicare Part B. (SBP) would stop paying premiums after called catchment area. Specifically, one CBO estimates that DoD would spend about paying them for 30 years and reaching 70 project would offer mail-order pharmacy $3 million in health care costs for these indi- years of age. This provision would increase benefits; another would offer Tricare as sup- viduals, based on information from DoD on the payment that DoD makes to the Military plemental coverage to Medicare; and a third the number of affected beneficiaries. Infor- Retirement Trust Fund for accruing retire- would offer supplemental coverage under the mation from DoD suggests that its has been ment benefits. CBO estimates that those Federal Employee Health Benefits Program willing to pay these expenses even though costs would average about $22 million a year (FEHBP). The bill would cap DoD’s costs at current law does not require it. Thus, assum- over the first several years. The provision $60 million a year for the term of the dem- ing that DoD would continue to pay these would also lead to increases in direct spend- onstrations. The budgetary impact of section costs under current law, this provision would ing as discussed below. 707 would include both an increase in spend- have no net budgetary impact. Changes in Reenlistment Bonus Eligibility. ing subject to appropriation and direct Long-Term Charter of Naval Vessels The services extend reenlistment bonuses to spending. Section 1012 would authorize the Secretary personnel in specialities characterized by in- CBO estimates that DoD would spend $14 of the Navy to charter three vessels in sup- adequate manning, low retention, and high million in 1999 and $104 million over the 1999– port of submarine rescue, escort, and towing. replacement costs. The maximum bonus pay- 2003 period for the demonstrations of pro- Two of the vessels would be leased through ment under current law is $45,000, but no viding mail-order pharmacy benefits and 2005 and a third vessel would be leased more than ten percent of the bonuses can ex- Tricare coverage as a supplement to Medi- through 2012. The charter would be a capital ceed $20,000. Section 615 would remove the care. Those costs would be subject to appro- lease that would cost about $101 million ten percent restriction and allow the serv- priation. (The direct spending costs of the through 2003. Because two charters would ices to extend reenlistment bonuses to re- third demonstration are discussed below begin in 1999 and the third would begin in serve members performing active guard and with other provisions affecting direct spend- 2000, the estimated authorizations is counted reserve duty. CBO estimates that these ing.) The estimate assumes that 11,000 bene- in those two years. The estimate is based on changes would cost about $10 million in 1999 ficiaries eligible for Medicare reside in each information provided by the Navy and the and $26 million over the 1999–2003 period. of six demonstration sites, based on the aver- owner of the vessels. Caps on Education Loan Repayment. The bill age number of such individuals living outside Limitation of the Price Preference for SDBs would increase the authorized caps on loans catchment areas. This estimate assumes that DoD may repay for health professionals Under current law, DoD may enter into DoD would offer benefits under each project serving in the Selected Reserve and who contracts with small disadvantaged busi- to roughly the same number of beneficiaries. have critical skills. The repayment caps nesses (SDBs) to pay prices that exceed the (Thus, DoD’s spending on each project would would increase from $3,000 per year and fair market price in order to facilitate depend on the per capita cost of the benefits $20,000 in total to $20,000 and $50,000, respec- awarding at least five percent of its con- offered.) Alternatively, DoD could design the tively. The provision would cost an esti- tracts to SDBs. Section 803 would deny that demonstration to spend roughly the same mated $10 million in 1999 and $25 million over authority except when DoD failed to reach amount on each project. If this were the the 1999–2003 period. that goal in the preceding fiscal year. Infor- case, DoD would spend roughly $40 million mation from DoD suggests that contracts Incentive Payments to Civilian Employees annually on these two projects. awarded to SDBs in recent years have ex- CBO estimates that together sections 1103 Dependents’ Dental Premiums. Under current ceeded the goal and have resulted in annual and 1104 would raise discretionary costs by law, participating dependents of active-duty price premiums totaling between $7.5 million $362 million and direct spending by $343 mil- personnel must pay part of the premium for and $10 million. On this basis, CBO estimates lion over the 1999–2003 period. Section 1103 dental care coverage, but the amount is that section 803 would save $8 million a year. would extend DoD’s authority to offer incen- capped at $20 per month per family. Section Other Provisions. tive payments to civilian employees who vol- 701 would allow DoD to adjust the partici- The bill contains several other provisions untarily retire or resign. This authority, pants’ premiums by the military pay raise. that would have a budgetary impact totaling currently scheduled to expire at the end of CBO estimates that this provision would re- about $5 million annually. fiscal year 2001, would be extended through duce DoD’s costs by a negligible amount in DARPA Personnel Management. Section 1105 fiscal year 2003. Section 1104 would authorize 1999 but that savings would increase by would authorize the Secretary of defense to DoD to target offers of early retirement to about $500,000 annually thereafter, totaling appoint not more than 20 eminent experts in specific groups of employees. DoD frequently $6 million over the 1999–2002 period. science and engineering to work in research offers incentive payments and early retire- Automatic Enrollment and Reenrollment in and development projects administered by ment to the same employees, and has found Tricare Prime. Under current law, if depend- the Defense Advanced Research Projects that the two methods are more effective ents of active-duty personnel want to join Agency (DARPA). The authorization would when used together. Tricare Prime, they must enroll each year. extend over the five-year period beginning As a result, the net impact of enacting Enrollees can choose either military or civil- on the date of the enactment S. 2057. CBO es- both sections 1103 and 1104, on both DoD ian primary care providers or they may be timates that implementing section 1105 workforce reductions and the budget, is assigned to civilian providers if an MTF would cost $3 million a year over the 1999– greater than the individual impact of each reaches its enrollment capacity. Section 703 2003 period. provision. would provide that dependents of members in Pay Increase for Safety Personnel at Defense Based on information provided by DoD and grades E–4 or below who live outside a Nuclear Facilities. Under current law, the sal- the Office of Personnel Management (OPM), catchment area be automatically enrolled in ary of safety personnel at defense nuclear fa- CBO estimates that section 1103 would in- Tricare Prime at the MTF. They would re- cilities may not exceed the rate of pay or crease discretionary spending by $244 million main enrolled at the MTF until they elect to Level IV of the Executive Schedule. Section in 2002 and 2003. Section 1104 would increase disenroll or become ineligible for coverage. 3142 would change that limit to Level III, an

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 19, 1998 CONGRESSIONAL RECORD — SENATE S6645 increase of about $7,500 per person per year. As shown in Table 4, the bill would raise di- would significantly depress interest in many, CBO estimates that this provision would rect spending by $71 million in 1999 and $1,077 if not most, of those auctions. For example, raise DOE’s personnel costs by less than $2 million over the 1999–2003 period. CBO esti- recent reports have suggested that relo- million a year for about 200 individuals. mates that it would raise receipts from asset cating certain DoD functions could cost an National Defense Panel. Section 905 would sales by about $251 million in 1999. average of about 20 cents per megahertz per authorize the Secretary of Defense to estab- Forgone Spectrum Receipts. person, which is more than half the average lish a National Defense Panel in 2001 and price received in 1997 for wireless tele- every four years there after to recommend a CBO estimates that the provisions in sec- 10– and 20-year defense plan. The panel would tion 1062 regarding licenses for the use of the communications licenses ( the D, E, and F consist of a chairman and eight other indi- electromagnetic spectrum would result in a block auctions). Consequently, CBO esti- viduals from the private sector who are rec- loss of offsetting receipts that could range mates that offsetting receipts from spectrum ognized experts in national security matters. from a few hundred million to several billion licenses would be 5 percent to 10 percent The chairman would have the authority to dollars over the 1999–2003 period. Existing lower than under current law because of the hire an executive director and staff. CBO es- law requires the transfer of certain fre- uncertainty associated with the added liabil- timates that implementing section 905 would quencies from federal to nonfederal jurisdic- ity to the prospective licenses. In addition, cost $4 million in 2001 and $1 million in 2002. tion, and the subsequent assignment of li- CBO expects that the FCC would not receive Reductions in Headquarters Staff. Section censes to use those frequencies to private en- bids for some portions of the spectrum be- 904 would require the Secretary of Defense to tities through auctions conducted by the cause the projected cost of relocating federal reduce staffing in headquarters and various Federal Communications Commission (FCC). users out of certain spectrum would likely DoD agencies by the end of fiscal year 2003. Under current law, the costs of relocating exceed the market value of some licenses. As Because total military personnel are deter- federal users are a federal responsibility and a result, we estimate that enacting section mined by end strength requirements, CBO would be financed during appropriated funds. 1062 would reduce offsetting receipts by a assumes that the provision would mainly af- Under this bill, nonfederal entities would be total of $800 million over the next five years. fect civilian employees. Starting from the obligated to compensate federal agencies in employment level of October 1, 1996, section advance for costs incurred to relocate out of The loss of receipts could be significantly 904 would require the elimination of approxi- the portion of the spectrum being licensed higher, depending on the extent to which mately 33,000 civilian positions at estimated for commercial use. Agency spending of the bidders lack confidence in the estimates of annual savings of about $2.1 billion once the receipts collected from the licensees would their liability for relocation costs. Finally, reduction is fully accomplished. Because be subject to appropriation. CBO anticipates that some auctions would be such reductions are occurring under current The provisions in section 1062 could apply postponed to allow time for federal agencies law, CBO does not estimate additional sav- to spectrum auctions that are projected to to finalize cost estimates and develop proce- ings under section 904. generate about $9 billion in receipts over the dures for releasing information to bidders. Director Spending and Asset Sales 1999–2003 period under current law. Obli- Such delays would reduce auction receipts in S. 2057 contains several provisions that gating prospective bidders to pay the reloca- 1999 but would have no significant net effect would affect direct spending and asset sales. tion costs associated with specific licenses over time. TABLE 4.—DIRECT SPENDING AND ASSET SALES IN S. 2057 [By fiscal year, budget authority and outlays in millions of dollars]

Category 1999 2000 2001 2002 2003

DIRECT SPENDING Forgone Spectrum Receipts ...... 100 75 200 400 25 Incentive Payments to Civilian Employees: Section 1103 incentives ...... 0 0 0 ¥9 24 Section 1104 incentives ...... 0 10 64 99 75 Interactive effects ...... 0 0 0 15 65 Subtotal ...... 0 10 64 105 164 Premiums for Survivor Benefits ...... ¥5 ¥5 ¥5 ¥5 ¥5 FEHB Demonstration Project ...... 3 30 41 44 12 Spending of Travel Rebates ...... 2 2 2 2 2 Leases of Naval Vessels ...... ¥29 ¥38 ¥38 ¥38 ¥38 Land Conveyance Spending ...... (1) (1) (1) (1) (1) Total Direct Spending ...... 71 74 264 508 160 ASSET SALES 2 Sale of Naval Vessels ...... ¥151 0 0 0 0 Stockpile Sales ...... ¥100 0 0 0 0 Land Conveyances ...... (3) (3) (3) (3) (3)

Total Asset Sales ...... ¥251 (3) (3) (3) (3) DIRECT SPENDING AND ASSET SALES Total ...... ¥180 74 264 508 160 1 CBO does not have enough information to estimate the direct spending from land conveyances in S. 2057. Some provisions would authorize spending from the proceeds of certain asset sales, and although proceeds and spending would cancel each other over time they would not do so on a yearly basis. Another provision would authorize a sale with payment delayed for 10 years; that provision would have a subsidy cost under credit reform. 2 Under the Balanced Budget Act of 1997, proceeds from a nonroutine asset sale may be counted for purposes of pay-as-you-go scoring only if the sale would entail no net financial cost to the government. CBO estimates that the non- routine asset sales that would result from enacting S. 2057 would generate a net savings to the government, and therefore that the proceeds would be counted for pay-as-you-go purposes. 3 CBO does not have enough information to estimate the budgetary impact of land conveyances that would be authorized under S. 2057.

Incentive Payments to Civilian Employees In later years, annual federal retirement mates that these deposits would be about In addition to their impact on discre- outlays would be lower than under current $7,700 per employee and would increase de- tionary spending (discussed above), sections law because employees who retire earlier posits received by the trust fund by $61 mil- 1103 and 1104 of the bill would affect direct would receive a smaller annuity. By itself, lion in 2002–2003. section 1103 would increase net direct spend- spending. Enacting both sections 1103 and Section 1104. Federal agencies that are un- ing by a total of $15 million in 2002 and 2003. 1104 would increase the number of employees Based on information from DoD, CBO esti- dergoing a major reorganization or reduction taking incentive payments and retiring early mates that about 7,900 employees would ac- in force may, with the approval of the OPM, in 2002 and 2003, and the budgetary impact of cept incentive payments in 2002 and 2003 (see offer their employees retirement benefits the two provisions taken together is greater Table 5). CBO assumes that about 60 percent earlier than would normally be allowed. than their separate impacts. CBO estimates of these employees would retire at the same OPM and agencies have traditionally used a that sections 1103 and 1104 would raise direct time under current law; the rest would be in- number of criteria to target offers of early spending by about $343 million (in budget duced to retire one to two years early. As a retirement to particular groups of employees functions 600 and 950) over the 1999–2003 pe- result, CBO estimates that spending on fed- and thus address agencies’ specific personnel riod. eral retirement benefits would increase by needs. In September 1997, the Court of Ap- Section 1103. This provision would allow $76 million during the 2002–2003 period. In peals for the District of Columbia in Torres DoD to offer incentive payments to employ- later years, annual spending on retirement v. OPM struck down many of these criteria, ees who voluntarily retire or resign in fiscal benefits would decrease by about $15 million ruling that OPM lacked the necessary statu- years 2002 and 2003. These payments would relative to current law. tory authority. The recent supplemental ap- induce some employees to retire—and begin DoD would be required to make a deposit propriations bill (Public Law 105–174) granted receiving federal retirement benefits—earlier to the Civil Service Trust Fund equal to 15 OPM the necessary authority, but only than they would otherwise. These additional percent of final pay for each employee who through fiscal year 1999. Section 1104 would benefit payments represent direct spending. accepts an incentive payment. CBO esti- permanently codify the previous practice for

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6646 CONGRESSIONAL RECORD — SENATE June 19, 1998 DoD and, in the absence of section 1103, would increase direct spending by $248 mil- lion over the 2000–2003 period. TABLE 5.—ESTIMATED NUMBER OF CIVILIAN EMPLOYEES OF DOD WHO WOULD RECEIVE INCENTIVE PAYMENTS AND TAKE EARLY RETIREMENT UNDER SECTIONS 1103 AND 1104 [Number of employees receiving each benefit]

1999 2000 2001 2002 2003

CHANGES UNDER SECTION 1103 Incentive Payments ...... 0 0 0 4,300 3,600 Early Retirement ...... 0 0 0 200 200 CHANGES UNDER SECTION 1104 Incentive Payments ...... 0 2,300 2,300 0 0 Early Retirement ...... 0 2,500 2,500 200 200 CHANGES BASED ON INTERACTIONS Incentive Payments ...... 0 0 0 1,700 1,400 Early Retirement ...... 0 0 0 1,300 1,200 TOTAL UNDER S. 2057 Incentive Payments ...... 0 2,300 2,300 6,000 5,000 Early Retirement ...... 0 2,500 2,500 1,700 1,600 Note: According to information from DoD, it plans to reduce its civilian workforce by 23,000 in 1999; 28,000 in 2000; 32,000 in 2001; 13,000 in 2002; and 12,000 in 2003. The CBO estimate of the number of employees receiving incen- tive payments and early retirements is also based on information from DoD. Because some individuals would receive both benefits, the figures are not additive.

Based on information from DoD and OPM, years of age. Because the bill would specify cies under contracts with the department. CBO believes that the Torres decision will October 1, 2003, as the effective date, no costs Under current law, DoD is prevented from lead agencies to sharply curtail their use of would be incurred until that time. However, spending receipts that stem from certain early retirement. Applications since the CBO estimates that some individuals who contracts or that are credited to an appro- Torres decision indicate that the number of would stop participating in SBP under cur- priation that has lapsed. By allowing such DoD employees projected to take early re- rent law would continue to pay premiums funds to be spent, CBO estimates that sec- tirement are about 30 percent of pre-Torres under section 631. Thus, CBO estimates that tion 802 would increase outlays by about $2 levels. Without a change in law, DoD will the government would collect additional pre- million a year. have to rely more heavily on involuntary miums of about $5 million a year until 2004 Leases and Sales of Naval Vessels separations in order to reach its workforce when costs would more than offset the addi- Section 1013 would authorize the transfer reduction goals from 2000 to 2003. However, tional receipts. Direct spending costs (in of 22 naval vessels to foreign countries: six some employees who would have taken early budget function 600) would be about $59 mil- by grant, eleven by sale, and five by lease or retirement before the Torres decision will lion in 2004 and would reach about $120 mil- sale. CBO estimates the transfer would in- avoid the involuntary separations and con- lion in 2008. Net costs would continue to in- crease offsetting receipts by $332 million tinue working until taking regular retire- crease after 2008 before leveling off. over the 1999–2003 period—$151 million from ment in later years. Because these employ- Demonstration Projects for Medicare-Eligible the sale of ships and $181 million in lease ees will receive a higher annuity than they Military Retirees payments. The estimate assumes the five would have by retiring early, long-term Section 707 would require DoD to establish ships authorized for transfer by sale or lease spending on federal retirement benefits three demonstration projects to offer certain should increase in the wake of the Torres de- will be leased for five years, with quarterly health benefits to military beneficiaries who payments beginning in the second quarter of cision. are also eligible for Medicare. Two of the CBO estimates that section 1104 would in- fiscal year 1999. projects would raise direct spending by a Stockpile Sales crease the number of DoD employees taking total of $3 million in 1999 and $130 million early retirement in 2000 and 2001 by 5,000, and over the 1999–2003 period. The bill would authorize DoD to sell sev- in 2002 and 2003 by about 400. The increase CBO estimates that the project that would eral materials contained in the National De- projected for 2002 and 2003 is much smaller allow coverage under the FEHB program fense Stockpile to achieve receipts totaling because DoD does not currently have author- would raise direct spending by $103 million $100 million in 1999. CBO estimates that DoD ity to offer incentive payments in those from 2000 through 2003. This estimate as- would be able to sell the materials author- years. Moreover, DoD’s workforce reduction sumes that DoD offers enrollment to 22,000 ized for disposal and raise the receipts re- targets for 2002 and 2003 are smaller than individuals residing in two catchment areas quired by the bill. those for 2000 and 2001. The increase in early and that 70 percent of them would join the Land Conveyances retirements would raise spending on federal program. Most of the increase in direct The bill contains several provisions that retirement benefits by $289 million between spending would be DoD’s payment of the gov- would convey land to nonfederal entities. 2000 and 2003. But by 2008, spending on bene- ernment contribution toward the FEHB pre- CBO cannot estimate the aggregate budg- fits would be $40 million lower than under mium. A small portion of the direct spending etary impact because DoD has not assessed current law. increase would be higher expenditures in the the market value of all the affected prop- CBO also estimates that many of the 5,000 Medicare program because beneficiaries who erties. additional early retirees in 2000 and 2001 acquire supplemental health coverage tend Section 2821 would authorize the sale of would accept incentive payments. For these to use more Medicare services overall. CBO about 5,000 acres to the Indiana Reuse Au- employees, DoD would make $41 million in estimates that Medicare expenditures (in thority and section 2823 would convey about additional deposits to the Civil Service Trust budget function 570) would rise by $22 million 1,000 acres to Hamilton County, Tennessee. Fund. over the 1999–2003 period. There would be no In each case, payment would occur 10 years Interaction Between Sections. DoD fre- budgetary impact in 1999 from this project after the land was transferred. The delayed quently offers incentive payments and early because the FEHB project would begin on payment would represent loans by the retirement to the same employees, and has January 1, 2000, and end on December 31, United States under procedures established found that the two methods are more effec- 2003. by the Federal Credit Reform Act of 1990. tive when used together. As a result, the net CBO believes that the demonstration The budgetary impact would be the dif- impact of enacting both sections 1103 and project offering Tricare supplemental cov- ference between the sale price and the sub- 1104, on DoD workforce reductions and the erage would also increase Medicare spending. sidy cost. However, because DoD does not budget, is greater than the individual impact To the extent that this benefit covers most know the market value of the land, CBO can- of each provision. CBO estimates that enact- or all of the Medicare deductibles and copay- not estimate the budgetary effects. ment of both sections would result in an ad- ments, spending in the Medicare program Sections 2821 and 2823 also would grant the ditional 3,100 employees taking incentive would rise for the participants who acquire Secretary of the Army authority to accept payments and an extra 2,500 employees tak- supplemental coverage through this project. and spend reimbursements from local au- ing early retirement in 2002 and 2003. CBO es- Assuming that if the Tricare supplemental is thorities for administrative expenses in- timates that taken together the provisions like the most commonly purchased commer- curred during the conveyances. Because re- would raise direct spending by about $343 cial Medigap plan, which covers the Medi- ceipts and spending would offset each other, million over the 2000–2003 period or about $80 care inpatient deductible and outpatient co- this authority would have no net budgetary million more than if they had no interaction. payments, then Medicare spending would impact. Termination of Premiums for Survivor Benefits rise by about $3 million in 1999 and $26 mil- Other sections would either authorize DoD Under section 631, a military retiree par- lion over the 1999–2003 period. to give or sell parcels of property that GSA ticipating in the Survivor Benefit Plan Spending From Rebates might sell under this disposal procedures. (SBP) would stop paying premiums after Section 802 would give DoD the authority CBO estimates that these sections would not paying them for 30 years and reaching 70 to spend rebates it receives from travel agen- have a significant budgetary impact.

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 19, 1998 CONGRESSIONAL RECORD — SENATE S6647 Other Provisions Title XXXV would authorize the Panama Title XXIX, the Juniper Butte Range Land The following provisions would have an in- Canal Commission (PCC) to solicit and ac- Withdrawal Act, would reserve approxi- significant budgetary impact: cept donations of funds, property, and serv- mately 12,000 acres of public land in Owyhee Section 313 would allow DoD to collect ices from nonfederal sources for the purpose County, Idaho, for use by the Secretary of landing fees for the use of military airfields of carrying out promotion activities. This the Air Force for training and other defense- by civil aircraft and to use the fees to fund provision would have no net effect on direct related purposes. Implementing title XXIX the operation and maintenance of the air- spending because any new offsetting collec- could lead to a decreased in offsetting re- fields during fiscal years 1999 and 2000. tions would be deposited into the FCC’s re- ceipts from grazing on federal lands, but be- Section 511 would allow National Guard of- volving fund, from which they would be cause implementation would depend on ap- ficers to compute their time-in-grade for re- spent without further appropriation. propriation action, CBO estimates that en- tirement purposes from the date they are Section 1052 would allow the superintend- actment of title XXIX would not, by itself, confirmed by the Senate. ents of the military academies to receive and affect direct spending or receipts. Section 512 would allow reserve generals spend funds awarded from research grants. and flag officers who are involuntarily trans- PAY-AS-YOU-GO CONSIDERATIONS Section 1054 would allow DoD to spend re- ferred from active status to retire at a high- imbursements from companies that damage er grade if they have served two years, in- Section 252 of the Balanced Budget and stead of three years, at that grade. personal property during shipping if DoD has Emergency Deficit Control Act of 1985 sets Section 522 would allow a limited number reimbursed the owners of the property. up pay-as-you-go procedures for legislation of reserve commissioned officers who retire Section 1056 would allow military histor- affecting direct spending on receipts. The net voluntarily to retire at a higher grade if ical centers to spend the amounts they col- changes in outlays and governmental re- they have served two years, instead of three lect as fees for providing information to the ceipts that are subject to pay-as-you-go pro- years, at that grade. public. cedures are shown in the following table. For Section 632 would require certain retirees Section 1061 would increase the amount of the purposes of enforcing pay-as-you-go pro- to begin paying premiums under the Sur- funding that would be derived from fees and cedures, only the effects in the current year, vivor Benefit Plan the month following a spent for a program to commemorate the the budget year, and the succeeding four court order. 50th anniversary of the Korean War. years are counted. [By fiscal year, in millions of dollars]

1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008

Changes in outlays ...... 0 ¥180 74 264 508 160 253 174 119 90 45 Changes in receipts ...... Not applicable

ESTIMATED IMPACT ON STATE, LOCAL, AND Eric Rollins prepared the estimates for in- Ann M. Mittermeyer, Bert K. TRIBAL GOVERNMENTS centive payments to civilian employees (sec- Mizusawa, Cindy Pearson, Sharen E. The Unfunded Mandates Reform Act of 1995 tions 1103 and 1104). He can be reached at 226– Reaves, Moultrie D. Roberts, Cord A. (UMRA) excludes from application of that 2820. Sterling, Eric H. Thoemmes, Roslyne act legislative provisions that are necessary Kathy Gramp prepared the estimates of for the national security. CBO has deter- forgone receipts from auctioning the electro- D. Turner, and D. Banks Willis. mined that the provisions in S. 2057 either fit magnetic spectrum. Victoria. V. Heid pre- The PRESIDING OFFICER. Without within this exclusion or do not contain inter- pared the estimate for the withdrawal of the objection, it is so ordered. governmental mandates as defined by Juniper Butte Range Lands, and Deborah Mr. THURMOND. Mr. President, UMRA. Reis prepared the estimate for the Panama today the Senate is back to consider S. ESTIMATED IMPACT ON THE PRIVATE SECTOR Canal Commission. They can be reached at 2057, the National Defense Authoriza- One provision of S. 2057 could impose a new 226–2860. Impact on State, Local, and Tribal Govern- tion Act for Fiscal Year 1999. I am private-sector mandate. Section 623 of title hopeful that we will be able to finish VI would require airlines and other common ments: Leo Lex (225–3220). Impact on the Private Sector: R. William carriers under contract with the General the floor action on this bill quickly, Thomas (226–2900). Services Administration to provide transpor- and I am looking forward to the floor Estimate approved by: Robert A. Sunshine, tation at the contracted federal government debate. Deputy Assistant Director for Budget Anal- rate to reservists traveling to and from their ysis. Mr. President, this bill is an impor- inactive duty training station. To the extent tant piece of legislation that enhances Mr. THURMOND. Mr. President, I that the contracted government rate is lower our national security. The Armed Serv- than available commercial rates, this provi- ask unanimous consent that Senate ices Committee has reported a sound sion would reduce carriers’ revenues and in- floor privileges be granted to staff bill which provides a 3.1 percent pay come. About 700,000 reservists are required to members of the Armed Services Com- raise for the uniformed services, re- participate in monthly drills and annual mittee during the pendency of S. 2057, training. The annual cost of this provision stores appropriate funding levels for the National Defense Authorization would be well below the $100 million thresh- the construction and maintenance of Act for Fiscal Year 1999, for today and old set by UMRA, since most reservists trav- both bachelor and family housing, and each day the measure is pending before el to their training bases by private auto- increases investment in future mod- mobile rather than by common carrier. Fur- the Senate and for the rollcall votes ernization to ensure that the Depart- thermore, once the General Services Admin- thereon: istration renegotiates its service agreements Les Brownlee, Staff Director; George ment of Defense can leverage advances with the carriers, this provision would be- Lauffer, Deputy Staff Director; Scott in technology and maintain our future come a standard condition of the contract force readiness. that the carriers accept, and would therefore Stucky, General Counsel; David Lyles, Minority Staff Director; and Peter Le- This bill recommends a number of no longer constitute a private-sector man- policy initiatives and spending in- date. vine, Minority Counsel. creases which improve the readiness of PREVIOUS CBO ESTIMATE Charlies Abell, John R. Barnes, Stu- the reserve forces and permit greater On May 12, 1998, CBO prepared a cost esti- art H. Cain, Lucia Monica Chavez, mate for H.R. 3616, the National Defense Au- Christine E. Cowart, Daniel J. Cox, Jr., use of the expertise and capabilities of thorization Act for Fiscal year 1999, as or- Madelyn D. DeBobes, John DeCrosta, the reserve components. dered reported by the House Committee on and Marie F. Dickinson. Under the budget agreement, we have National Security. Keaverny Donovan, Shawn H. not added funds to the defense budget Estimate prepared by: this year. However, as I stated when Federal Cost: The estimates for defense Edwards, Jonathan L. Etherton, Pam- programs were prepared by Valerie Barton ela L. Farrell, Richard W. Fieldhouse, the Budget Resolution was on the (military retirement), Shawn Bishop (health Maria A. Finley, Jan Gordon, floor, I believe that we are not pro- programs), Kent Christensen (military con- Greighton Greene, Gary M. Hall, and viding adequate funds for defense and struction and other defense), Jeannette Patrick ‘‘Pt’’ Henry. that we must reverse this negative Deshong (military and civilian personnel), Larry J. Hoag, Andrew W. Johnson, spending trend. Raymond Hall (procurement, RDT&E, stock- Melinda M. Koutsoumpas, Lawrence J. Mr. President, as a result of the pile sales, and atomic energy defense activi- ties), Dawn Sauter (operation and mainte- Lanzillotta, Henry C. Leventis, Paul M. budget agreement reached last year, nance), and Joseph C. Whitehill (sale of Longsworth, Stephen L. Madey, Jr., non defense discretionary spending re- naval vessels). They can be reached at 226– Michael J. McCord, J. Reaves McLeod, ceived significant increases while de- 2840. and John H. Miller. fense continued its downward spending

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6648 CONGRESSIONAL RECORD — SENATE June 19, 1998 trends—not even keeping pace with in- His chairmanship has been a distin- has been raised on the basis that they flation. During the fiscal year 1998 ap- guished one. He has worked hard to are controversial, are, word for word, propriations process, the national secu- keep us together as a bipartisan com- provisions that passed the U.S. House rity appropriations bill had the lowest mittee. We have adopted this bill on a of Representatives many months ago percentage increase from fiscal year bipartisan basis. He and his staff have by overwhelming margins. 1997 funding level than any of the other worked with me and our staff to work The first amendment I will be speak- appropriations bills. In fact, military out the problems that we have had, and ing on passed the House of Representa- construction appropriations had a neg- where there have been disagreements tives by a margin of 415 to 1. It is that ative 6.2 percent change over the fiscal we have resolved them and moved on to amendment dealing with coerced and year 1997 funding levels, making fund- other areas of importance. We are forced abortions in the Nation of China ing for national defense grow at one- ready to get back to work on our bill. to which objection has been raised and fifth the rate of domestic spending in- As the chairman mentioned, the Appro- to which I will speak this morning. creases. priations Committee has already re- I further point out, these amend- Since the end of the Cold War, the ac- ported the DOD appropriations bill, ments were filed May 20, a month ago, tive military end strength has been re- and we worked cooperatively with to the defense authorization bill, and I duced from 2.2 million men and women them, so it is important that we com- announced my intent, even prior to that, to offer these amendments and to to a little over 1.4 million. Annual de- plete action on this authorization bill ensure that those provisions which fense spending continues to decline so we can get to conference. passed the House with such over- from a level of $400 billion in fiscal We have been working with Senators whelming support, reflecting over- year 1986 to about $260 billion, in equiv- for the past several weeks on a number whelming public support for these pro- alent, inflation-adjusted dollars. of amendments which we have been visions, would have an opportunity to Mr. President, I have been pleased to able to clear, and I hope that we can hear that many of my colleagues in- be voted on in the U.S. Senate. act on those cleared amendments here I think those votes would have oc- cluding, the Chairman of the Appro- this morning. curred much sooner had they not been priations Committee and the Chairman Mr. President, I yield the floor. tied up in committee. I think that they of the Budget Committee believe, as I The PRESIDING OFFICER. The Sen- have overwhelming support, not only do, and have been recently quoted in ator from South Carolina. by the country, not only by the U.S. the press that defense spending must Mr. THURMOND. I just take this op- House of Representatives, but by the be increased, and the negative spending portunity to thank Senator LEVIN and U.S. Senate, and when we have a trend for defense must be reversed. The the Members of the minority for their chance to vote on them—and we will— gap between our military capability fine cooperation and working with us that we will see them pass this body and our commitments around the on this defense bill. Senator LEVIN is just as assuredly, and by the same kind world continues to widen. We can no always ready to cooperate, and he ren- of margin, as they passed the House. longer carry out the ambitious foreign ders this country a great service. So, while there may be objection policy of this Administration with the Mr. LEVIN. I thank the Senator. raised on the basis that they are con- level of resources allocated for defense Mr. HUTCHINSON addressed the troversial amendments, I think when and still maintain our current readi- Chair. the vote happens we will find they are ness posture. We will not require less of The PRESIDING OFFICER. The Sen- really not controversial at all. I think our servicemen and women in the fu- ator from Arkansas. we are going to find very few Senators ture. We must meet our obligation to Mr. HUTCHINSON. Mr. President, I willing to cast nay votes on amend- provide adequate resources for our na- offer an amendment to the underlying ments which are so commonsensical tional security. National Defense Authorization Act, and so reflect the moral values of the In this bill, the Committee has amendment 2387, which I filed on May American people. We will have an op- achieved a better balance among near- 20. portunity to find out later, but objec- term readiness, long-term readiness, The PRESIDING OFFICER. It would tion has been raised. quality of life and adequate, safe and take unanimous consent at this point The intent in offering these amend- reliable nuclear weapons capabilities. to call up an amendment. ments somehow has been construed as Mr. President, I would like to take a Mr. HUTCHINSON. Mr. President, being an effort to embarrass the Presi- moment to thank the Chairman of the what is the pending business? dent. I have no desire to embarrass the Appropriations Committee and his The PRESIDING OFFICER. The President on the eve of his trip. I do staff for their close cooperation with pending business is an amendment by think it is important we send a certain our Committee this year. I cannot re- Senator BROWNBACK, a second-degree message, and a clear, resounding mes- call a time when we have worked to- amendment. sage, to the Chinese Communist Gov- gether as closely as we have this year. Mr. HUTCHINSON. Mr. President, I ernment as to how important human I believe that cooperation is reflected ask unanimous consent that we lay rights abuses in that Nation—how im- in both of our bills, and I commend the aside the pending business for the pur- portant they are to our country, to our Chairman and the Members of the Ap- pose of offering amendments. people, and to our Government. propriations Committee and their fine The PRESIDING OFFICER. Is there I would have been delighted to have staff for their work this year. objection? had this debate and this vote a month I urge my colleagues to come to the Mr. LEVIN. Objection. ago. Had it not been for prolonged, ex- floor and offer their amendments, but I The PRESIDING OFFICER. Objec- tended debate on the tobacco bill, that would also like to remind my col- tion is heard. would have happened. So the timing for leagues that any amendments to the Mr. HUTCHINSON. I note the ab- the offering of these amendments is defense authorization bill that would sence of a quorum. not such to have some design to embar- increase spending should be accom- The PRESIDING OFFICER. The rass the President on the eve of his trip panied by offsetting reductions. clerk will call the roll. to Beijing. The timing was unavoidable My hope is that colleagues will sup- The legislative clerk proceeded to because of the prolonged, extended de- port this bill and join the Members of call the roll. bate on the tobacco bill that I think the Armed Services Committee in pass- Mr. HUTCHINSON. Mr. President, I ran into 4 weeks. But I remind my col- ing this bill with a strong bipartisan ask unanimous consent that the order leagues on the floor this morning, vote. for the quorum call be rescinded. these amendments were offered a I wish to thank the Chair, and yield The PRESIDING OFFICER. Without month ago, there was public attention the floor. objection, it is so ordered. paid to these amendments a month The PRESIDING OFFICER. The Sen- Mr. HUTCHINSON. Mr. President, I ago, and it was clearly announced that ator from Michigan. would like to speak on several amend- I intended to offer them a month ago. Mr. LEVIN. Mr. President, first let ments which I would have offered I think it is unfortunate we cannot go me again commend Senator THURMOND today had objection not been raised. ahead and offer those amendments to for his leadership on the committee. These amendments, to which objection the defense authorization bill today.

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 19, 1998 CONGRESSIONAL RECORD — SENATE S6649 The amendment, as I say, mirrors the is carried out is not known, and while munist Chinese Government was truly language that passed overwhelmingly its enforcement is not uniform exposed to America when my good on the floor of the House. It would do throughout China, the very fact that friend and my former colleague in the two things. First, it condemns those of- such a policy exists is abhorrent to House, Congressman CHRIS SMITH, ficials of the Chinese Communist people around the world who believe in chairman of the International Oper- Party, the Government of the People’s basic human rights. ations and Human Rights Sub- Republic of China, and other Chinese China’s population control officials, committee of the House International nationals involved in forced abortions working with employers and work unit Relations Committee held a hearing and sterilization. I hardly think that is officials, routinely monitor women’s just less than 2 weeks ago, June 10. controversial. I do not think there are menstrual cycles. They subject women This hearing featured compelling testi- many people in this country who would who conceive without government au- mony from a former administrator of say we should not condemn the prac- thorization to extreme psychological China’s Planned Birth Control Office tice of forced abortions and forced pressure, to harsh economic sanctions, on the use of coercive population con- sterilizations. So the amendment does including unpayable fines and loss of trol in order to achieve the Communist that. employment and, in some instances, Government’s one-child-per-couple Second, the amendment would pre- physical force. limit. vent such persons from entering or re- The aborting of unauthorized preg- Ms. Gao Xiao Dunn, the former head maining in the United States. That is, nancies, regardless of the stage of preg- of China’s Planned Birth Control Office it would deny visas to those Com- nancy—first trimester, second tri- from 1984 to 1988, admitted—and we munist Government officials who are mester, or even third trimester—is ap- have heard testimony of what she said involved in the practice of forced steri- parently, in China, a routine occur- before the House subcommittee less lizations and forced abortions in the rence. Some have argued that China than 2 weeks ago, the former head of Nation of China. It would be based commits about half a million third-tri- the birth control office of Communist upon credible evidence, and that cred- mester abortions annually. Most of China, this is what she testified. She ible evidence would be ascertained by these babies are fully viable when they said: the Secretary of State. So, to the ex- are killed, and virtually all of these Once I found a woman who was 9 months tent that that information is available, abortions are performed against the pregnant, but did not have a birth-allowed mother’s will. certificate. According to the policy, she was to the extent that we have factual evi- forced to undergo an abortion surgery. In the dence that a person is involved in this I have also been told by those who operation room, I saw how the aborted horrendous practice, as determined by have studied this issue that women are child’s lips were sucking, how its limbs were our Secretary of State, then visas often imprisoned, brainwashed, and re- stretching. A physician injected poison into would be denied to those individuals. fused food until they finally break its skull and the child died, and it was I just find it very difficult to see any- down and agree to the performing of an thrown into the trash can. To help a tyrant thing controversial about those two abortion. The actual methods by which do evils was not what I wanted. I could not provisions in this amendment, but ob- doctors carry out these procedures are bear seeing all those mothers grief-stricken by induced delivery and sterilization. I could jection has been raised, although it often unnerving and horrific. It has not live with this on my conscience. I, too, passed by 415 to 1 in the House of Rep- been reported that doctors commonly after all, am a mother. resentatives. The objection has been inject women with a shot of Rivalor, That was her very vivid, very power- raised on the basis of it being con- commonly known as ‘‘the poison shot,’’ ful testimony before the House sub- troversial because it condemns those which directly causes congestive heart committee, this former head of China’s Chinese Communist Party officials in- failure in the baby. The baby slowly Planned Birth Control Office from 1984 volved in abortions and sterilizations dies over the course of 2 or 3 days, at to 1988. I think that her testimony, so and would prevent them from receiving which time the baby will be delivered very compelling, demands this body visas to travel to this country if the dead. and this Government and this adminis- Secretary of State so determined that I have also been made aware of re- tration to take a stand in every way credible evidence indicated they were ports that Chinese doctors also inject possible against these kinds of prac- involved in that. That is the controver- pure formaldehyde into the baby’s soft tices. sial amendment we are not allowed to spot of their head or the skull is In addition, Mrs. Gao Xiao Dunn ad- offer today to the defense authoriza- crushed by the doctor’s forceps. mitted: tion bill. Steven Mosher, the Director of Asian When I was in my hometown in China, I In an attempt to reach a 1 percent Studies at California’s Claremont In- saw how a large number of pregnant women annual population growth rate, Chinese stitute, can personally account for see- were hiding anywhere they could. Some of authorities, in 1979, instituted a policy ing doctors carrying ‘‘chokers.’’ These them were 9 months pregnant, but were of allowing one child per couple, pro- chokers are similar to our white twisty forced to undergo abortion procedures just viding monetary bonuses and other garbage ties. They are placed around the same—simply because they had no benefits as incentives. In subsequent the baby’s neck during delivery. The ‘‘birth-allowed certificates.’’ The govern- ment dismantled the houses of some of them years, it has been widely reported that baby then dies of painful strangulation and made them homeless. The government’s women with one living child, who be- over a period of about 5 minutes. planned birth policy is extremely stern. In come pregnant a second time, are often A government that would force my native village, I saw how many women subjected to rigorous pressure to end women to undergo these kinds of grisly were looking for places to hide at night, be- the pregnancy and undergo steriliza- procedures obviously has no respect for cause the government usually catches people tion. basic human rights. at night. All this made me terrified. Forced abortion and sterilization China currently has legislation that There are those who apologize for the have not only been used in Communist requires women to be sterilized after Chinese Government. They say, ‘‘Oh, China to regulate the number of chil- conceiving two children, and they even things are better, but these are not dren but to eliminate those regarded as go so far as to demand sterilization of things going on today.’’ Here is some- defective under China’s eugenics pol- either the man or the woman if traces one who knows. Here is someone who icy, the so-called natal and health care of a ‘‘serious hereditary disease’’ are was involved in it. Here is someone law. This law requires couples at risk found in an effort to eliminate the who became so guilt-stricken by her of transmitting disabling congenital presence of children with handicaps, own involvement in this practice that defects to their children to use birth illnesses or other characteristics they she couldn’t stand it any longer and control or undergo sterilization. might consider to be ‘‘abnormal.’’ has come forward to tell that story. China’s leadership has admitted that Numerous international organiza- In her testimony, she discussed the coerced abortions and involuntary tions have found that the Chinese Gov- abortions that occurred in jails where sterilizations occur but insists that of- ernment utilizes in the sterilization women were placed in jail who were ficials involved in such incidents are method to control population horren- fighting the physician’s attempts to acting outside the law and are pun- dous practices. Mr. President, the prac- abort her child. She spoke of not only ished. The extent to which this policy tice of forced abortions by the Com- the jails where they were incarcerated,

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6650 CONGRESSIONAL RECORD — SENATE June 19, 1998 but she spoke of the abortion bed tion and sterilization have been carried amendment. We are talking about the where women were tied in by leather out by or at the instigation of people kinds of family planning practices con- straps and where those terrible proce- acting in an official capacity—such as demned across the political spectrum, dures were performed. Their homes family planning officials—against by all who are concerned about moral were destroyed if they fought the Gov- women who are detained, restricted or values and basic human rights, that we ernment strictures on the one-child forcibly taken from their homes to take the modest action of saying we policy. have the operation. ought to condemn it as a government What does our own State Department Previous reports by Amnesty Inter- and we ought to deny visas to those say? If we are not willing to accept the national and other organizations have who are perpetuating the practice in testimony of someone who put their cited a wide range of evidence regard- China, that to the extent we can iden- own future in jeopardy by coming for- ing the use of forcible measures taken tify them, to the extent that credible ward before a House subcommittee and from official family planning reports information comes forward, they telling their very vivid, compelling and regulations. Articles in the official should not be given visas to travel to story, perhaps we will listen to our own Chinese press, testimonies from former this country. I do not believe—I really State Department, because in the most family-planning officials, and testi- in my heart—do not believe there is recent human rights report on China monies from victims of forced abortion anybody on the other side of the aisle issued only a few months ago, our own all attest that this is all too common who thinks this is a bad thing to do. So State Department said: still in 1997 in China. I am perplexed and I am befuddled that The Government does not authorize the Reports have also detailed cases of anybody would object to this amend- use of force to compel persons to submit to hostages being taken and ill-treatment ment as being controversial. abortion or sterilization, but officials ac- by officials of the relatives of couples Not only is China an increasing knowledge that there are instances of forced who failed to pay birth control fines or threat internationally, but within abortions and sterilizations....Poor su- who had fled their villages attempting their own borders they continue to op- pervision of local officials under intense to avoid abortion or sterilization. pressure to meet family planning targets re- press their own people. And we should sults in instances of abuse, including forced The Chinese authorities have never not simply turn a blind eye and say we abortion and sterilization....There are responded to such reports in detail. In do not want to talk about it or that it credible reports that several women were recent years, they have simply asserted might cause embarrassment to either forced to undergo abortions of unauthorized that ‘‘coercion is not permitted,’’ but our President or to the Chinese Gov- pregnancies in Fujian....Newspapers in they admit that it is going on. Mr. ernment. What a pitiful excuse for not Shenyang reported that family planning President, I am concerned that there is addressing the issue. agents convinced a woman 7 months preg- no evidence the Chinese authorities Involuntary abortion or sterilization nant to take ‘‘appropriate measures.’’ have yet set in place effective meas- should be condemned, and it should be That is an abortion, although she was ures to ensure that such coercion is not condemned in the strongest terms as a in the seventh month. only forbidden on paper, but punished violation of human rights, a violation A well-documented incident of a 1994 and prevented in practice. of the first order. forced 8-month abortion has been reported in I have been unable to find any in- I want to read a brief excerpt from the coastal province of Guangdong. A 1995 in- stance of sanctions taken against offi- cident involving a forced sterilization was Nicholas Kristof and his wife Sheryl also reported in Guangdong. cials who perpetuate such violations. Wudunn from their book, the 1994 book, In other words, the Chinese Communist That is from the State Department. ‘‘China Wakes, The Struggle for the Government today in the enforcement That is the end of the quote from our Soul of a Rising Power.’’ Mr. Kristof of their one-child policy turns a blind own State Department report. was the New York Times’ Beijing bu- eye to local officials who use coercion, The Chinese Communist Government reau chief, and his wife Ms. Wudunn who use force, to compel women to will deny that it is the official policy was a New York Times Beijing cor- have abortions against their will. to encourage coerced abortions. They respondent in the late 1980s. They are Mr. President, the absence of laws acknowledge that. Even the Chinese the only married couple to have ever and regulations in China concerning Communist Government acknowledges won the Pulitzer Prize award. coercive family planning has become that these terrible practices occur. In 1989, Mr. Kristof and Ms. Wudunn even more cause for concern since 1995. What do other human rights organi- were awarded with the Pulitzer Prize Since that time, China has made nu- zations say? We have heard from a for their reporting during the merous commitments at the inter- former director of the birth control Tiananmen Square massacre. They saw national level to combating violence agency in China. We have heard from firsthand the Chinese Government’s against women. However, the absence our own State Department, but inde- reprehensible practices. In particular, of any substantive laws regulating pendent groups that monitor human apart from the Tiananmen Square mas- forced abortions and sterilization ap- rights abuses in China have weighed in sacre, they saw firsthand the practices pear to widen the potential for coer- as well. of forced abortions and sterilizations. Amnesty International has expressed cion. This is what they wrote, these two its strong opposition to these coerced Mr. President, I am aware that some prize-winning authors. They wrote: abortions, forced sterilization prac- have concerns about how we can assure The family planning authorities routinely tices. In a 1996 report, ‘‘Women in compliance with this amendment’s re- forced young women to undergo abortions China: Detained, Victimized, but Mobi- quirement that visas be denied to indi- and sterilization. The township authorities lized,’’ it iterated its profound concerns viduals involved with these nefarious send teams into the villages once or twice a year to collect all the women who are due to about these practices: practices of forced abortions, of forced abortions and sterilizations. While I be fitted with an IUD or to be sterilized. Testimonies have indicated that officials Some run away, in hopes they can remain have resorted to physical coercion resulting would expect a determined effort would be made to identify persons involved in fertile and have another baby, and the au- in torture or cruel, inhuman and degrading thorities then send goons to the women’s rel- treatment when faced with this pressure. such actions prior to the issuance of atives in other villages, even in other prov- Family planning cadres continue to be dis- such visas, I recognize that enforce- inces, to find and sterilize them. Usually, ciplined and fired for failing to keep birth ment will not be easy in every in- they do not have to drag a woman to the op- quotas. stance. And I would state that what is erating table; when half a dozen men sur- This is from Amnesty International. most important is that we provide both round her home and order her to come out, While Amnesty International takes no a strong condemnation of these prac- she may not see much sense in fighting back. position on the official birth control tices, which the amendment does, and Mr. President, the bottom line is policy in China, they are concerned that we provide a mechanism for tak- that the practice of forced abortion and about the human rights violations ing action against those responsible for sterilization is inhumane. The practice which result from its coercive applica- them when credible information about is repugnant, and it is morally rep- tion. Like many of the human rights their activities comes to light. rehensible. organizations that monitor China, I am Let me reiterate, there is absolutely This amendment, which I hope to be concerned by reports that forced abor- nothing controversial about this able to offer in the near future—this

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 19, 1998 CONGRESSIONAL RECORD — SENATE S6651 amendment is not about a peculiarly groups in China to comprehensive con- ment officials in the room and they American view of rights. It is not even trol by the state and the Chinese Com- said no, that would not be permitted; about whether you are pro-life or pro- munist Party. religion must be constrained to certain choice. It does not have a thing to do The five officially recognized reli- geographical locations—a far different with this amendment. The use of force gious denominations have been reorga- idea of what religious freedom is—in coercion, intimidation to commit such nized into state-controlled associa- China today. crimes against humanity is something tions, as the Chinese Buddhist, the The content of preaching in sermons that we all as a freedom-loving peo- Daoist, the Islamic, the Patriotic is controlled by the Government. It is ple—Democrat, Republican, pro-life, Catholic associations, and the Protes- not permitted to preach on the ‘‘second pro-choice—that all of us can join to- tant Three-Self Patriotic Movement. coming of Christ.’’ That would be a gether in vigorously denouncing. Even within the pale of these author- taboo subject. They would not allow I remind you again, what this amend- ized religions, Tibetan Buddhists and that to be taught or proclaimed in a ment does is to condemn the practice Uigher Moslems in Xinjiang have been Protestant or Catholic church in and say, to the extent that we can subjected to wholesale persecution be- China. identify these individuals, with cred- cause of the enduring links between The selection of clergy—controlled ible information—the Secretary of their religion and their national aspi- by the Government. Financial affairs, State can do that—we will deny them rations. For similar reasons, the Chi- religious materials, building pro- visas. This amendment, this ‘‘very con- nese Government has forcibly severed grams—you can’t go build a church troversial’’ amendment, passed by a all links between Chinese Catholics without getting a zoning requirement. vote of 415–1 in the House of Represent- and Protestants and their foreign core- It is a means of controlling the growth, atives, this amendment to which objec- ligionists. as well as restriction on educational tion has been made today on the basis In fact, while I was in China in Janu- and social welfare projects. There is a of it being controversial. ary, I met with a group of American complete bar on proselytizing persons Mr. President, were I able to offer ad- nationalists, American expatriates, under 18 and an official veto over bap- ditional amendments today—and I had who are doing business in China. They tism at any age. Registered congrega- four prepared to be offered—I would attend church in China and have an tions must reveal the names and ad- move to amendment No. 2423, which I American church. It has to be an dresses of all congregants. will not offer, but I intend to debate American church by law. They cannot The head of the state’s Religious Af- and make a statement on. allow Chinese people to attend. They fairs Bureau said in 1996, ‘‘Our aim is This is another ‘‘controversial’’ have almost 1,000 Americans who at- not registration for its own sake but amendment. It passed the House of tend this church. But in meeting with control over places for religious activi- Representatives by a vote of 366–54. I them, they said, were they to allow ties, as well as over all religious activi- filed this amendment back on May 20, any of the Chinese nationals to attend ties themselves.’’ I don’t know how you almost a month ago. I announced my and to worship with them, they would could be much more upfront, much intent at that time that I would offer be shut down because of the Chinese more candid, than this official was, an this amendment to the defense author- Government’s fear of any influence individual who is the head of the entire ization bill. It mirrors the language from outside its own borders. China state Religious Affairs Bureau that passed the House of Representa- Millions of other religious believers, and very recently, in 1996, said, ‘‘Our tives. It would do three things. according to some estimates, the large aim is not registration . . .’’ just to It states, as congressional policy, majority of Chinese, have been deemed register, our goal is ‘‘control over that religious freedom should be a to fall outside these five recognized places for religious activities, as well major facet of the President’s policy faiths and are simply denied any status as over all religious activities them- towards China. Secondly, the amend- as believers and are subjected to crimi- selves.’’ The key word is the word ment would prohibit the use of Amer- nal penalties for practicing what the ‘‘control.’’ That is the reason they re- ican funds appropriated for the Depart- Government calls ‘‘superstition’’ or quire churches, synagogues, Buddhist ment of State, USIA or AID to pay for ‘‘folk beliefs.’’ temples, that is why they require all the travel of Communist Chinese offi- Even congregations of authorized de- religious activities to be approved and cials involved in the monitoring of gov- nominations are kept under rigid state sanctioned by the Government. Reli- ernment-approved churches in China, control through mandatory registra- gious organizations are required to pro- or the formulation of implementation tion, a requirement enforced with un- mote socialism and patriotism, while of policies to repress worship. precedented severity through the last the massive state and party propa- So it would deny our Government several years, what they called an ganda apparatus vigorously promotes paying the travel expenses for those anticrime crackdown. The anticrime atheism and combat superstition. who are involved in the Chinese Com- crackdown became the rationale for While the Government officially pro- munist Government in monitoring and cracking down on religious minorities motes atheism, they demand that the supervising churches, places of wor- in China. It has been very severe in re- churches support and promote patriot- ship, and those who were involved in cent years. Registration entails full ism. the repression and the persecution of state control over religious doctrines. Why is there this intense effort to religious minorities. I met with seminary officials while I control religion in China? I suggest if Thirdly, it would deny visas to offi- was in China in Shanghai. We had a you look back to the ancient Roman cials engaged in religious persecution— very interesting discussion. They are empire, you can find an example of why not the head of Government, not Cabi- recognized, authorized, registered with that is so important to the Communist net members; we would exempt them; the Government. But they made it very Chinese Government. It was the policy and not those who are the official clear, as well, that there are certain of the Roman empire that they prac- heads of the Patriotic churches, but to things they are not allowed to do. I tice what they called ‘‘religious toler- Government officials involved in the asked, could you go down the street, ance.’’ You could have any religion you persecution and repression of religious rent a building, and open that building wanted, so long as whatever religious minorities—they would be denied visas. for church services? There was a Gov- faith you were, you were willing to ac- The conditions and the criteria would ernment official sitting in the room, knowledge Caesar as the ultimate sov- be the same—credible information, and they cast a weary glance at the ereign. It would demand that, regard- credible evidence as determined by the Government officials, and they said no, less of your faith, you say Caesar is Secretary of State. that would not be tolerated; worship Lord. That is where Christianity ran Mr. President, since the founding of has to be done in approved places. I into problems in the Roman empire—it the People’s Republic of China almost said, could you go out on the street, was the persecuted religion—because 50 years ago, the Chinese Government upstairs—we were meeting in a base- Christians wouldn’t say Caesar is Lord, has too often been involved in the per- ment—could you go upstairs and pass the ultimate sovereign. They saw there secution of religious believers. And out religious literature? Once again, a was a sovereign, a control beyond the they have subjected all religious kind of weary glance at the Govern- Government, beyond Caesar.

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6652 CONGRESSIONAL RECORD — SENATE June 19, 1998 May I suggest that is exactly the fear picture. The response of the Chinese official approval may not obtain reg- of the Chinese Communist Govern- Government to this growth of faith has istration, and that those involved in ment. While they repressed all political been to crack down, to incarcerate, to religious activities in unregistered dissent, our own State Department persecute, to economically penalize places may be detained and punished. says that all of the political dissidents, those who would dare to worship ac- In other words, if you started a worship all in the democracy movement have cording to the dictates of their con- service in your home, you could not get been incarcerated, exiled, or executed. science. That is why we believe we official sanction, be registered, and you So they have eliminated that threat. should take a stand. That is what this would be subject to detainment or pun- They see now that which is beyond amendment is all about—condemn the ishment. Provided in these new regula- their control as being the rapid growth practice, deny visas to those involved tions are detention and criminal pen- of religion. And religion is growing. It in it. I am sorry, but I have a hard time alties for any violation. is in a tremendous revival. People of discerning how that could be con- During this past year, police raids on faith are multiplying in China. Thus, troversial. religious gatherings organized by inde- we find the Chinese Government crack- Mr. President, these peaceful but un- pendent groups have continued, with ing down on religion because they see registered religious gatherings have hundreds of Protestants and Catholics that as, in the long term, a threat to been raided by police. Gatherings like reportedly detained as a result. More their power and their control because this have been raided by police. Those than 300 Christians were reported to here is a body of people who see a loy- attending have been beaten, threat- have been detained in what appears to alty beyond the Government in Bei- ened, and detained. Many of those de- have been a crackdown by local police jing. So they crack down. tained are required to pay heavy fines on unregistered Protestant houses and The Chinese Government and the as a condition for release. Those re- churches. Communist Party have in recent years garded as ‘‘leaders’’ are usually kept in The evidence is clear that there is an intensified these efforts to expel reli- custody and either sentenced to prison intensified Chinese effort to repress re- gious believers from the Government, terms or administratively detained ligious liberty. This repression ranges the military, and the party, ordering a without charge or trial. from ransacking homes in Tibet in nationwide purging of believers in Jan- I was talking just last night with a search of banned pictures of the Dalai uary 1995. In spite of this, there is a lobbyist, a lobbyist for a very major Lama to destroying or closing 18,000 phenomenal growth occurring among American corporation. If I could men- Buddhist shrines last spring alone. people of faith in China. tion the name of the corporation, ev- Ministers, priests, and monks are rou- But I am deeply concerned about the eryone would immediately recognize it tinely arrested and imprisoned, tor- mounting campaign against people of as being one of the leading companies tured, and sometimes killed for the faith in China. The Roman Catholic in this country. This lobbyist engaged mere expression of their faith. Church has been made—at least the me in a discussion on China. I didn’t Mr. President, I believe not only part of the Roman Catholic Church bring it up, he did. He said, ‘‘I want to should we adopt this amendment, that recognizes the Vatican and the talk to you about your convictions on which passed with over 350 votes in the papal authority in Rome—has been China.’’ Then he said, ‘‘Senator, our House of Representatives, I believe made effectively illegal in China today. people in Beijing say that there is reli- that the President, on his trip to Priests, bishops, people of faith have gious freedom in China today.’’ Then I China, should raise this issue to the been imprisoned and harassed. Zheng began to tell about some of the things highest level. I hope he will do that. He Yunsu, the leader of a Jesus family, a that are actually going on, some of said he is not intending to meet with Protestant community in Shandong what I learned even while I was there. dissidents. I hope he will change his Province, is one of many behind bars I think that there is a tremendous mind. I hope that he will say what the today simply for practicing their faith. disinformation to say that things are Chinese people can’t say, and that He was arrested during a police raid in OK. while the Chinese people are gagged, the community in 1992. Then he was These aren’t American views of free- our President won’t be gagged. He will sentenced to 12 years imprisonment for dom, these are basic human values. have the opportunity and I hope he will disrupting—listen to this—for ‘‘dis- People of faith ought to be able to wor- talk about these issues. rupting public order and swindling.’’ ship according to the dictates of their Mr. President, in Paul Marshall’s His four sons and other members of the conscience and their own hearts, with- critically acclaimed book ‘‘Their Blood group were also imprisoned. I believe out fear of intimidation, without fear Cries Out,’’ an authoritative book on those individuals are prisoners of con- of incarceration, without fear of eco- religious persecution around the globe, science and prisoners of faith. nomic penalty. the case of Bishop Su is documented. Such persecution of religious groups In January 1994, two national regula- During Bishop Su’s 15 years in China’s has followed a substantial religious re- tions on religious activities came into prison system, he was subjected to var- vival of China in the past 15 years. The force. Notably, Mr. President, they ious forms of torture. They go through Christian community—much of the ex- banned religious activities which ‘‘un- very graphic detail in recounting the pansion has been in religious groups dermine national unity and social sta- kinds of suffering that this bishop en- that conduct their activities outside bility.’’ Let me say that again. They dured. Unfortunately, that is not the the Protestant and Catholic churches banned religious activities which ‘‘un- exception. recognized by the Government. dermine national unity and social sta- When I visited China in January, I bility.’’ Whatever in the world does The State Department’s most recent attended a church that worshipped that mean? report on religious freedom states: openly, but in order to worship openly, That it the whole point. It is subject . . . the government of China has sought to they had to be approved, they had to be to the whims of any local official who restrict all actual religious practice to gov- sanctioned, they had to be registered wants to interpret it. Under the broad ernment-authorized religious organizations by the Government. But the explosive rubric of these two regulations, any ac- and registered places of worship. growth among believers in China today tivity could be construed as under- That is what they have sought to do. of all faiths is occurring primarily mining the Chinese Government and, Then our State Department goes into a among the unregistered, the under- therefore, constitute a threat punish- great deal of detail, enunciating ex- ground church, the house church move- able by prosecution, imprisonment, ar- actly the kinds of abuses that are too ment. rest, and bodily harm. common in China today. Here we have a picture that was These regulations also require that There are only a handful of churches smuggled out of one of those house all ‘‘places of religious activities’’ be that are open in all of Beijing, not be- churches. You can see, I think, not registered with the authorities, accord- cause there are not worshipers or be- only the enthusiasm and the faith and ing to the rules formulated by China’s lievers, but because of the practice of the devotion. The picture is worth a Religious Affairs Bureau. the Government. The legal provisions thousand words. There are more than a This means, in effect, Mr. President, requiring registration of all religious thousand words articulated by that that religious groups that do not have groups have been used against various

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 19, 1998 CONGRESSIONAL RECORD — SENATE S6653 groups, including members of Protes- prison term for belonging to an unau- not released, they are exiled. They are tant house churches who organize reli- thorized evangelical group. They sen- allowed out of prison and sent to the gious meetings in their private homes tenced a 60-year-old Roman Catholic United States. They said, ‘‘Don’t re- without having registered with the au- priest to 2 years of ‘‘reeducation turn.’’ This administration would like thorities. Many of these groups and the through labor’’ for unknown charges. to say that is a victory for human members of these groups don’t register He had previously spent 13 years in rights? We used to say that was a trav- out of a personal conviction. They prison because of his refusal to re- esty of human rights, if you were re- don’t believe it would be proper. They nounce the Vatican. The 6-year-old leased from prison, exiled from your feel they would be restricting their Panchen Lama—the second highest country, and not allowed to go back to own faith and what they could say and dignitary in Tibetan Buddhism—has your homes and families. This is hailed do; so they don’t register. Then they been detained for a year and a half, and as a victory for human rights. Think face detainment and fines and harass- his whereabouts are unknown. Scores about the five or six released. Just re- ment by the police. Some house of Tibetan Buddhists who refused to member. Right now, in preparation for churches have voluntarily suspended participate in the Communist Chinese the President’s visit, they are rounding their meetings because many members sham enthronement of Beijing’s ‘‘Pan- up the dissidents so there won’t be any- were being harassed, and others have chen Lama’’ have been sent to prison. thing that might be embarrassing to regularly changed premises and meet- One leading Buddhist spiritual teacher the Chinese Government or to the ing times for worship, moving from committed suicide rather than to take President. Freedom is embarrassing, place to place to avoid detection by the part in the charade. you know. authorities. Some congregations have I have another chart I want to show June 15, the Asian Pulse reported: even stopped singing during the wor- you. These are simple news accounts U.S. Ambassador to China, James Sasser, ship time in order to avoid detection. that have occurred—all of them within said today that many of the sanctions im- Pressure to register is reported to posed on China by the United States after the last 2 weeks. They are reports in the 1989 Tiananmen Square massacre could have increased in the past year. Re- the mainstream media during the last 2 be lifted in the ‘‘not too distant future.’’ ports from various areas show that of- weeks. The only reason I put this quote in ficial control over religious activities June 14, The Portland Oregonian re- from the Asia Pulse is that we would has been stepped up. Unregistered ported that: be giving these signals out, that our Protestant churches in Shanghai have Chinese police interrogated and threatened Ambassador would be giving these sig- been under increased Government pres- three dissidents who urged President Clinton nals out, in view of—this is what they to press Chinese leaders on human rights sure since December of 1994 when au- are doing. They are cracking down, thorities announced that ‘‘it was ille- during the summit.... Police ransacked the homes of Leng and Tang, confiscated the they are rounding up the dissidents, gal to hold religious activities in un- they are persecuting believers, and we registered places of worship.’’ The au- computers, and took the two to a local pre- cinct. say we are going to lift the sanctions thorities reportedly threatened to fine that were imposed after the massacre. any person found attending or leading This is occurring within weeks of the President’s visit. Instead of things get- On June 15, the South China Morning an unregistered house church meeting. Post reported that, ‘‘Dissidents in sev- Religious books, religious tapes, and ting better, they are rounding up dis- sidents in preparation for the Presi- eral areas, including Shanghai and even collection boxes and offering Weifang In Shangdong Province and dent’s visit. That is how little they plates have been confiscated by Gov- Xian, the first stop for President Clin- comprehend the value of human rights. ernment officials. ton, have complained of harassment. That is how little they understand Mr. President, I say to my colleagues Incidents include home raids, deten- what our concerns are in this country. that the human costs are higher for un- tion, telephone tapping, and confisca- Instead of releasing dissidents, instead registered or unauthorized clergy and tion of computers.’’ believers. It is too high. We should and of encouraging free expression, they I suppose the appropriate thing when we must denounce it, condemn it, and round them up. you have a visit of the major heads of speak out against it. Today, hundreds I think we have all read about the states, you clean up the streets, paint of people are serving long prison sen- unflattering book published in China the buildings, you put your best foot tences in China—Buddhists, Taoists, about our President. What do they do? forward, and put your best face on. But Moslems, Catholics, and Protestants— They round up the books and don’t let the way the Chinese Government views for simply practicing their religious the books be in the bookstores when it is, round up anybody that might say faith. our President visits. That is China something that could be contrary to The Beijing government sentenced a today. the party line. 76-year-old Protestant leader to 15 On June 18, the Far Eastern Eco- I am going to go back. This is back years in prison for the ‘‘high crime’’ of nomic Review reported that, ‘‘Beijing to June 6. The New York Times re- distributing Bibles. Where do you get a warned the Vatican not to use the ported that ‘‘a bishop in the under- Bible in China? There is a lot of talk Internet or other media channels to ground Catholic church has been ar- about how, today, the Chinese Govern- interfere with China’s religious affairs rested.’’ This received about 2 inches of ment permits the printing of Bibles. policies.’’ This is June 18. So it is very print in the New York Times. When That is true. They set a quota every current in what the Chinese Govern- Wei was released, it was banner head- year. They allow a certain number to ment is saying, warning the Vatican lines. But when the underground be printed, but they can only be dis- not to use the Internet to interfere bishop was arrested, it got about 2 tributed in churches, in places of wor- with their internal, domestic, religious inches on page A4 of the New York ship which are officially recognized, affairs policies. times. But at least it was there. sanctioned and registered by the Com- On June 16, the New York Times re- If you will take note, the American munist government. That is how you ported on ‘‘an hour-long documentary people can see that this is what is on- get a Bible in China. So this man, 76 on President Jiang Zemin’s state visit going. years old, was arrested for distributing to the United States last year.’’ And it When I have the opportunity to offer Bibles illegally. He was sentenced to 15 continues. On June 16, the New York this amendment—and I will—when the years. Times reported that the Japan Eco- Senate has an opportunity to work its But it is controversial for us to con- nomic News Wire reported that, ‘‘In will on this amendment, I will urge my demn that with an amendment to the the run-up of President Bill Clinton’s colleagues to vote in favor of this Department of Defense authorization. visit to China, a veteran Chinese dis- amendment, controversial though it Somehow, it is controversial to deny sident has been indicted for helping an- has been deemed, that passed the visas to those who are perpetrating other activist escape to Hong Kong.’’ House of Representatives with over 350 these kinds of atrocities against reli- Once again, do you know what gets votes, and, in so doing, to send a clear gious believers. I am sorry. the publicity? The four, or five, or six and unmistakable message to the Chi- The Government then sentenced a 65- high-profile prisoners—I will not use nese Government that religious perse- year-old evangelical elder to an 11-year the word ‘‘release’’ because they are cution is repugnant, reprehensible, and

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6654 CONGRESSIONAL RECORD — SENATE June 19, 1998 that such practices will have con- China, from 1993 through 1995 it totaled funds are by definition below market sequences. $97 billion. In 1996 alone, there was $47 and therefore subsidized by those who I remind you once again that this billion directly invested in China secu- fund it—the American taxpayer. amendment simply says: We condemn rities. The Chinese securities—the ag- This amendment will address what I such practices. Not only do we con- gregate value of outstanding Chinese call the ‘‘Chinese wall,’’ the wall that demn them, to the extent that we are securities currently held by Chinese was erected between economic and po- able to identify those who are involved nationals and foreign persons is $175 litical considerations. Inherent in the in those practices, we are not going to billion. From 1993 to 1995, foreign per- bylaws of international financial insti- sanction your travel to this country by sons invested over $10 billion in Chi- tutions are provisions that direct the granting you a visa. nese stocks. officers of these institutions to neither I don’t know how well it can be en- My point is that there is ample, there interfere in the political affairs of any forced. I know there are human rights is ready, capital available for Chinese member nor shall they—and I am groups out there that monitor what is economic development. quoting from their bylaws, shall not going on in China. I believe that for International assistance and foreign interfere in the ‘‘political affairs of any government officials, which have an aid: The People’s Republic of China re- member, nor shall they be influenced egregious record of religious persecu- ceived almost $1 billion in foreign aid in their decisions by the political char- tion, that we can identify them when grants, and an additional $1.5 billion in acter of the members or members con- credible information can be brought technical assistance grants from 1993 cerned. Only economic considerations forward. The Secretary of State can through 1995, and in 1995 received $5.5 shall be relevant to their decisions.’’ make that determination. And it will billion in bilateral assistance loans, in- So in the bylaws of these lending in- send a good and solid signal that this is cluding concessional aid and export stitutions, international lending insti- an important issue to the American credits. tutions, there is a prohibition from people, which would deny them the Mr. President, despite China’s access considering the political practices of right to travel to this country. to international capital and world fi- the applicant. I believe that it is these Were I permitted to offer an addi- nancial markets, international finan- bylaws that provide a shield behind tional amendment that I filed origi- cial institutions, which have annually which numerous international finan- nally back on May 20—a month ago—I provided it with more than $4 billion in cial institutions continue to provide fi- would offer it were I able to today. loans in recent years amounting to al- nancing to countries, specifically Com- It is, once again, one of those amend- most a third of the loan commitments munist China, that engage in the most ments that mirrors the language of the Asian Development Bank and 17 egregious abuses of human rights; so passed by the House of Representatives percent of the loan approvals by the long as they carry out the economic several months ago by overwhelming International Bank for Reconstruction recommendations agreed upon, they bipartisan margins. This particular and Development in 1995, we are asked can receive the loans. They can con- language passed 354 to 59. I can’t offer to continue to subsidize these loans to tinue to receive these subsidized loans. it today because it has been regarded Chinese corporations. I think that is wrong. I think that as controversial. This is what it would I think it is time that we cease doing should be a consideration, these human do. It would direct the President to in- this. China borrows more from the rights abuses that are ongoing. struct the United States representa- International Bank for Reconstruction This amendment clearly states that tives to vote against taxpayers’ sub- and Development and the Asian Devel- ‘‘repressive and oppressive’’ regimes sidized loans to the People’s Republic opment Bank than any other country should not get a loan. In addition, this of China. in the world, and loan commitments amendment clearly sets out sub- The second thing it would do is, it from those institutions to China quad- stantive principles that should be ad- would require United States directors rupled, from $1.1 billion in 1985 to $4.3 hered to by any U.S. national con- at United States financial institutions, billion by 1995. In spite of the fact that ducting an industrial cooperation like the IMF and the World Bank, to you have all of this ready capital avail- project in China. vote against concessional loans to the able for economic development in In other words, while it is a sense of People’s Republic of China, and it de- China, they are utilizing these sub- Congress and is nonbinding, the amend- fines concessional loans this way: as sidized loans at an ever greater rate. ment would lay out certain principles those with highly subsidized interest Mr. President, I believe strongly that by which American corporations con- rates, a grace period for repayment of 5 America’s taxpayer dollars should not ducting business, industrial coopera- years or more, and maturities of 20 be used to create unfair advantages for tion in China should adhere. years or more. industry’s control by foreign govern- During my time in China and since, This is just not something that I ments. However, when the World Bank and visiting with large American cor- offer lightly. I think the facts indicate lends money to Communist Chinese in- porations doing business in China, I that the People’s Republic of China dustries out of its Poverty Fund, that was continually told that an American today has a tremendous infusion of is exactly result that we have. presence in China would have the effect capital, the private sector primarily. In I say to my colleagues that these of transmitting American values. If we the international sector, they have loans are not only contrary to Amer- just allow these companies to set up great infusions of capital. They have ican interests and the purposes of the shop, sell their products, or put the an economy that is growing two or Poverty Fund, but they are also unnec- components together and export them three times as fast as the U.S. econ- essary, given Chinese industry’s ready back to our country, because we have a omy. Given the human rights record of access to foreign investment, including $50 billion trade imbalance with China, China, it is unconscionable for us to re- $48 billion in loans from private credi- if we will do that, if we will increase quire United States taxpayers to sub- tors in 1995 and $97 billion in inter- trade and allow companies to operate sidize loans to the People’s Republic of national direct investments from 1993 there, the result will be a quicker liber- China. They have enjoyed ready access to 1995, and $10.5 billion in investment alization and a more rapid democra- to international capital through com- in Chinese stocks by foreigners from tization of China. mercial loans, direct investments, 1993 to 1995, and billions more in var- That is what I have heard for the last sales of securities, bond sales, and ious types of foreign investments. I 5 years since I came to Congress. I through foreign aid. find it inappropriate that the World haven’t seen it happen. In fact, what I International commercial lending to Bank and the Asian Development Bank saw was corporate officials who said we the People’s Republic of China had $49 loaned China $4.3 billion in both 1995 have a cozy relationship with Beijing billion in loans outstanding from pri- and 1996, and of the 1995 loan amount, and we have to maintain that cozy re- vate creditors in 1995. Capital is cer- $480 million of it, almost $1/2 billion of lationship in order to do business in tainly available without the taxpayer it came from the World Bank’s poverty China. And so instead of reflecting subsidizing it. fund, its concessional loan affiliate, American values and human rights val- Regarding international direct in- the International Development Asso- ues and concern about repression and vestment to the People’s Republic of ciation. As concessional loans, these oppression, instead of concern about

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 19, 1998 CONGRESSIONAL RECORD — SENATE S6655 religious persecution, instead of con- something they can do, help our State agency of the State Department. It is cern about coerced abortions and Department monitor the human rights funded through the Commerce-State- American officials standing up and de- abuses that are ongoing. Justice appropriations bill. nouncing the Beijing government for And then finally we suggest they The second thing the amendment these ongoing practices, they say in should promote freedom of expression, would do would be to facilitate a 24- order to do business over here, we can’t including the freedom to seek, receive, hour-a-day broadcast to China in the say those kinds of things; we can’t and impart information on ideas of all Mandarin, Cantonese, and Tibetan dia- take those kinds of stands, but let us kinds. Nonbinding for the private sec- lects as well as other major dialects, operate and somehow these values, tor but principles, I think, that lay out including those spoken in Xinjiang. which we hold deep in our heart—but, what our companies should be utilizing Let’s put that chart up. unfortunately, they are too often hid- in their efforts to work in China. Additional funding for RFA, Radio den—are going to be transmitted. Mr. President, this Chinese wall that Free Asia, would also facilitate con- And so we would just simply, with a has prohibited consideration of polit- struction of transmitters in the Mar- sense of the Congress, lay out some ical practices and human rights abuses iana Islands and accelerate the im- principles that I think are important must come tumbling down. This provements to the Tinian Island trans- for American companies to utilize if we amendment would help do that. mitters so they will be completed by are, in fact, to help spark the kind of And then if we accept this amend- June 30, 1998, instead of January 1, 1999. change that we all want to see in ment when it is offered, and I hope we This map of China is pockmarked China. will and I think we will—we should—it with little orange labels. Each one of So we suggest suspending the use of will spark a rethinking inside inter- those orange labels represents a loca- any goods, wares, articles, or merchan- national financial institutions and our tion in China in which the citizens of dise that the U.S. national has reason own Treasury Department. This re- China have managed to get correspond- to believe were mined, produced, or thinking should be based on the United ence out to Radio Free Asia, expressing manufactured by convict labor or States not wanting to reward repres- their appreciation for the work that forced labor, and refuse to use forced sive regimes, countries like China that Radio Free Asia does. The greatest tool labor in the industrial cooperation commit the most egregious of human that we have in bringing about change project. rights abuses with taxpayer-subsidized in China is to get the truth, to get the Pretty good principle to start with, loans. message of democracy and freedom, in don’t you think, for our companies op- Our watchwords on this floor have to the Chinese people. This amendment erating in China to try to monitor bet- been and should be ‘‘freedom and lib- will be a step toward doing that. ter—some of them are doing a good job, erty.’’ Part of those watchwords is that If passed, it will assist with the cre- some of them are not doing a good job we not reward regimes with ation of a Cantonese language service at all, but to try to monitor those concessional loans, subsidized by the with 16 journalists, including 3 based in products that are coming from slave American taxpayer, when these kinds Hong Kong and 2 roving between the labor camps and to pledge they will not of practices continue. So I am going to United States and east Asia. The use those products. urge, when I have the opportunity to amendment would require the Presi- Secondly, to seek to ensure that po- offer this amendment and have a vote dent to report on a plan to achieve con- litical or religious views, sex, ethnic or on that amendment, my colleagues to tinuous broadcasting in Asia within 90 national background involvement in take that stand, not because the Presi- days. political activities or nonviolent dem- dent is going to China but because it is I believe this is a simple amendment onstrations, or association with sus- the right thing to do, because it was to understand. It encourages freedom pected or known dissidents will not the right thing to do last year when in China, which we all want—freedom prohibit hiring, lead to harassment, de- the House of Representatives voted on in China. We disagree sometimes on motion, or dismissal, or in any way af- it. It is the right thing for the Senate methods and strategies, we see dif- fect the status or terms of employment to do. ferent ways to achieve it, but I do be- in the industrial cooperation project. I wish we could have voted on it on lieve all my colleagues in the U.S. Sen- The second principle of the sense of May 20 when I filed the amendment. It ate want to see a free China. the Congress would simply say that be- in no way is meant to embarrass the I want to say to my colleagues, we cause somebody spoke out and ex- President. It is an effort to reflect the should all agree also that reaching Chi- pressed themselves on a political issue values of the American people and, as nese listeners in all dialects, encour- which might be contrary to the party he takes this trip, to buttress his abil- aging the free flow of information, can line, they should not be fired or be pe- ity to stand in Tiananmen Square and and will serve as the greatest means by nalized because of that, not be not al- say, ‘‘Congress thinks this is impor- which we can get the truth into China. lowed to work or have employment. tant; the American people believe this It will be the surrogate media; it will Then we suggest that these projects is important.’’ be the substitute for the absent free should discourage any Chinese military Mr. President, if I were able to, I media in Communist China today. presence on the premises of any indus- would offer a fourth amendment—I had A fundamental prerequisite to polit- trial cooperation project which in- intended to offer a fourth amendment, ical and economic freedom is an in- volves dual-use technologies. and when I have the opportunity, I formed citizen. However, the Com- The news accounts this morning will. It is an amendment I filed June munist Chinese Government has ac- which said that China has refused to 16. It also is an amendment that mir- cordingly made censorship and control agree to an agreement to retarget their rors language that passed overwhelm- of information available to its citizens missiles, 13 of which are currently ingly on the floor of the House of Rep- its top priority. The Communist Chi- aimed at American cities, I think un- resentatives. The vote was 401 to 21— nese Government maintains control by derscores the importance of that prin- 401 to 21. It would authorize an appro- simply not letting the people know. It ciple for American companies doing priation of $22 million for Radio Free is getting harder and harder to do, be- business in China, that we are not Asia and Voice of America for fiscal cause of the Internet and other means going to have a military presence on year 1999. This amendment was deemed of international communications, but those premises that involve dual-use controversial, but it passed 401 to 121. they go to great lengths to keep the technologies. It would authorize $22 million for Chinese people from knowing the And then we suggest that they pro- Radio Free Asia and Voice of America. truth. Radio Free Asia plays a funda- vide the Department of State with in- The President’s fiscal year 1999 budg- mental role, a vital role, in getting the formation relevant to the Depart- et request for Radio Free Asia was $19.4 truth in to the citizens of China. This ment’s efforts to collect information million. This amendment would sur- amendment will help to make that a on prisoners for the purpose of the pass the President’s request by almost priority. Prisoner Information Registry. If $3 million. Radio Free Asia funding In addition to China’s traditional American companies want to make a comes out of the United States Infor- methods—controlling the media, suffo- difference in operating in China, that is mation Agency, which is a related cating secrecy, and misinformation,

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6656 CONGRESSIONAL RECORD — SENATE June 19, 1998 massive use of wiretapping, inform- kind of radio services, in the Com- I am bothered, frankly, that as we ants, and other forms of surveillance to munist countries it targets, that those have seen the preparations for the restrict private sources of accurate in- Communist countries would have, were President’s trip, it has become a micro- formation—the regime is building an they really free countries, were the cosm of the broader China policy. infrastructure for Internet use that government to allow it, were there not Originally, the President wanted to go will permit the state to filter and mon- government censorship. to China in November. China said, ‘‘We itor information on this freest commu- I live in northwest Arkansas. The want you to come in June.’’ That is the nication media. It is a perfect example population in Benton and in Wash- anniversary, the ninth anniversary, of of the priority Communist China places ington Counties in northwest Arkansas the Tiananmen massacre, when hun- on the political control over economic is probably 250,000 people. In those two dreds of unarmed, innocent democracy development. The New China News counties we have over 20 independ- protesters were gunned down by the Agency even censors commercial news ently-owned radio stations; population Chinese Government. And the Chinese from Dow Jones and Reuters. 250,000. I was in the radio business. I Government says, ‘‘We want you, Mr. The United States still supports the got out because that is too competi- President, to come in June.’’ The free flow of information around the tive—20 radio stations with 250,000 peo- President agreed. globe. This is one means by which we ple—but that is the free market. That The President originally was going to can underscore that. That is what this is the right of every American, every stop in Japan on this trip, but the Chi- amendment does. In fact, people now entrepreneur—to go out and scrape and nese Communist Government objected: free of communism’s grip on the now- take a loan out, if need be, apply with ‘‘We don’t want you to stop in Japan, defunct Soviet Union and Warsaw Pact the FCC, get a license, get a building we don’t want you to stop anywhere, attest to the role that Radio Free Eu- permit, build that tower, and start a because President Jiang, when he went rope and Radio Liberty played as sur- radio station. That is what we did, to the United States, went directly to rogate news services in these countries. from ground up. We have 20 radio sta- the United States; that is exactly what These relatively inexpensive, independ- tions now in that two-county area. we want you to do because we are ently run news services served as the When I was in Beijing in January— equals.’’ The President said, ‘‘OK, we best substitute for the free media that Beijing, China, one of the largest cities won’t stop in Japan, we’ll make a di- was absent in the old Soviet Union. population-wise in the world—there rect trip.’’ Similarly, Radio Free Asia provides was not one independent, free, oper- The President originally was going to cost-effective surrogate services to per- ating radio station. That says about all have a shorter trip. The Chinese Gov- mit the free flow of information to the that needs to be said about whether ernment said, ‘‘President Jiang stayed Chinese people. China is really making progress, 9 days in the United States, and we I have come down to this floor time whether China is on the right side of want a 9-day visit to China.’’ We don’t and time again to explain why I believe history. The President was right, they want to embarrass, we don’t want a this administration’s policy toward are on the wrong side of history. In all loss of face, so we conceded, we acqui- China is misguided. I do not favor a of Beijing, not one independent news- esced. policy of isolation; I favor a policy of paper. I get mad at the newspapers The U.S. House of Representatives true engagement; I fear this adminis- sometimes in Arkansas. They say voted overwhelmingly, over 400, to say, tration’s policy has not been one of en- things I don’t like, or they take a posi- ‘‘Mr. President, please don’t be re- gagement; it has been one of appease- tion I don’t agree with. Boy, when I ceived at Tiananmen Square.’’ That is ment. We have not engaged them on look at the alternative, when I look at what the elected representatives of the human rights, we have not engaged China today and I think about a city in people of this country said, but the them on national security, we really which all of the newspapers are con- Chinese Government said, ‘‘This is haven’t engaged them on trade, be- trolled by the Government, I thank where we give official receptions.’’ We cause we have a $50 billion trade deficit God for that free press. Radio Free acquiesced. We didn’t want to violate with this Government. But while I Asia, increasing the funds, providing protocol. You know what I thought have many disagreements with the them the resources, ensuring that they about protocol, I thought about that President, I applaud his recent remarks are going to be broadcasting in all of student, that portrait, that picture of concerning Radio Free Asia at the Na- the dialects in China and broadcasting that lone student standing in the way tional Geographic Society in a speech around the clock, is the best single of oncoming tanks. Boy, did he violate last week, I believe it was. In the Presi- step that we can take to bring about protocol. Thank goodness he did. But dent’s own words, the President said the wanted change in China. we acquiesced once again, and the fact this: Mr. President, current U.S.-China is, I can’t find where we didn’t acqui- I have told President Jiang that when it policies have been debated, are being esce. It is not a policy of give and take. comes to human rights and religious free- debated, and will continue to be de- It is a policy of give and give. dom, China remains on the wrong side of his- bated by this Congress. Members on These modest amendments, which I tory.... In support of that message, we are both sides of the aisle differ on the best will some day be able to offer and on strengthening Radio Free Asia. paths and avenues to promote and se- which we will have a vote—such as in- It needs to be strengthened. I appre- cure freedom and liberty for the Chi- creasing the funding for Radio Free ciate the President saying that, and I nese people, but this amendment, al- Asia—is a useful instrument for dem- believe, because of that, he would be though it has been called controversial onstrating, along with diplomatic and glad to support this amendment. I ap- this morning, although I have not been economic ties, concern for the well- plaud his words, because Radio Free allowed to offer it this morning, even being, concern for human rights. Basic Asia is broadcasting under the banner though the vote would occur next human rights in China will always be of truthful information to the lingering week, this amendment is not con- an integral part of the foreign policy of Communist lands—specifically, troversial. This amendment simply this country. That is the debate that is China—and it has been too often under- says the greatest means we have of ongoing: Are we going to have a foreign financed by this Congress, they have changing China is to get information policy devoid of values that says trade been undermanned, and they have been in. at any price, or will we, as we always overworked. The amendment is not pro-China or have done, say human rights matters I believe that Radio Free Asia’s mis- anti-China. The amendment is pro-free- and that values will be reflected in our sion is to do for Asia what Radio Free dom. I am perplexed that we cannot basic policies of this country toward Europe did for Eastern Europe. That offer it today. The Senate, the Con- the nations of the world? mission is to broadcast the truthful in- gress, the President, the American peo- I look forward to the continuing de- formation to countries where the Com- ple need to send a clear message to bate, and I look forward to the oppor- munist governments ban all free ex- China and other Communist countries tunity that we will have to offer these pression by their so-called domestic that the U.S. Congress will take all amendments. I reiterate before I yield news services. The mission of Radio necessary steps to ensure that freedom the floor, Mr. President, the timing of Free Asia is simply to replicate the has a chance to blossom. the offering of these amendments is

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 19, 1998 CONGRESSIONAL RECORD — SENATE S6657 not to embarrass the President. These tions. I am certainly no less committed ment. On the eve of President Clinton’s trip amendments were announced over a to ensuring that these amendments to China, the raft of radical China-related month ago. Most of them were filed a will be debated and will be voted on. I amendments threatens to undermine our re- month ago and would have been offered think they are greatly important, and lationship just when it is most crucial to ad- vance vital U.S. interests. a month ago had we had the DOD au- I think they are germane, and I think Several of the amendments contain provi- thorization on the floor a month ago. they are appropriate. I intend, when sions which are sufficiently vague so as to ef- Timing is not to embarrass the Presi- given the opportunity, to press for de- fectively bar the grant of any entrance visa dent on the eve of his trip. bate and for a vote. to the United States to every member of the I might add that since they are being Mr. WARNER. Mr. President, I thank Chinese government. Those provisions not debated and will be voted on, either be- our distinguished colleague. Certainly, only countervene many of our international fore or during the President’s trip to I defer to the understandings that he treaty commitments, but are completely at China, I hope they will strengthen the has reached with our distinguished ma- odds with one of the amendments which would prohibit the United States from fund- President’s hand, that they will give jority leader. Momentarily, I hope to ing the participation of a great proportion of him a stronger argument to make on be in consultation with him—Mr. Chinese officials in any State Department, behalf of human rights as he visits THURMOND and I—on the phone, and I USIA, or USAID conference, exchange pro- with Chinese Government leaders. I wonder if time permits the Senator to gram, or activity; and with another amend- hope the President will be able to point wait just for a brief period until we can ment which urges agencies of the U.S. Gov- to these votes in the House and the clarify this. ernment to increase exchange programs be- Senate as he stands on Tiananmen In the meantime, Mr. President, I tween our two countries. Square, or as he makes his speech in ask unanimous consent to have printed Finally, many of the amendments are drawn from bills which have yet to be con- the People’s Congress and he says, in the RECORD the ‘‘Dear colleague’’ sidered by the committee of jurisdiction, the ‘‘These are values that are important. letter which both Republicans and Foreign Relations Committee. That com- Look at the votes in the U.S. Senate, Democrats have indicated a desire not mittee will review the bills at a June 18 look at what we are doing on Radio to have these amendments brought up, hearing, and they are scheduled to be Free Asia, on human rights, on coerced just for purposes of the Record. marked-up in committee on June 23. Legisla- abortions, on religious persecution. For There being no objection, the letter tion such as this that would have such a pro- the representatives elected by the peo- was ordered to be printed in the found effect on U.S.-China relations war- rants careful committee consideration. They ple of my country, these are important RECORD, as follows: should not be the subject of an attempt to issues, and I am going to speak about U.S. SENATE, circumvent the committee process. them.’’ I hope the President will say Washington, DC, June 15, 1998. In the short twenty years since we first of- this to the Chinese Communist Govern- DEAR COLLEAGUE: When the Senate returns ficially engaged China, that country has ment leaders: ‘‘You may gag your peo- to consideration of the DOD Authorization opened up to the outside world, rejected bill, S. 2057, we expect a series of amend- ple, but you cannot gag me, and I will Maoism, initiated extensive market reforms, ments to be offered concerning the People’s witnessed a growing grass-roots movement speak for them.’’ Republic of China. These amendments, if ac- Mr. President, I yield the floor. towards increased democratization, agreed cepted, would do serious damage to our bilat- to be bound by major international non- Mr. WARNER addressed the Chair. eral relationship and halt a decade of U.S. ef- The PRESIDING OFFICER. The Sen- proliferation and human rights agreements, forts to encourage greater Chinese adherence and is on the verge of dismantling its state- ator from Virginia. to international norms in such areas of non- run enterprises. We can continue to nurture Mr. WARNER. Mr. President, I have proliferation, human rights, and trade. that transformation through further engage- listened with great interest to our dis- In relative terms, in the last year China ment, or we can capitulate to the voices of tinguished colleague. The fervor of his has shown improvement in several areas isolation and containment that these amend- beliefs and his goals is quite clear which the U.S. has specifically indicated are ments represent and negate all the advances important to us. Relations with Taiwan have through the excellent delivery of his made so far. stabilized, several prominent dissidents have We hope that you will agree with us and remarks. been released from prison, enforcement of We spoke yesterday, I in the capacity choose engagement. We strongly urge you to our agreements on intellectual property vote against these amendments. of assisting the distinguished chairman rights has been stepped up, the reversion of Sincerely, in trying to manage this bill. I think Hong Kong has gone smoothly, and China’s Craig Thomas, Chairman, Subcommittee the Senator is aware of the fact that agreement not to devalue its currency helped on East Asian and Pacific Affairs, Com- there are bipartisan objections to to stabilize Asia’s economic crisis. mittee on Foreign Relations; bringing up his amendments. The Sen- Has this been enough change? Clearly not. Frank H. Murkowski, Chairman, Com- But the question is: how do we best encour- ator has seen this letter, I presume? mittee on Energy and Natural Re- age more change in China? Do we do so by sources; Mr. HUTCHINSON. If the Senator isolating one fourth of the world’s popu- will yield, I will respond to the Senator Chuck Hagel, Chairman, Subcomm. on lation, by denying visas to most members of International Economic Policy, Com- from Virginia. I only became aware its government, by denying it access to any mittee on Foreign Relations; only as you speak that there were bi- international concessional loans, and by Joseph R. Biden, Jr., Ranking Member, partisan objections. Earlier today, on backing it into a corner and declaring it a Committee on Foreign Relations; the other side of the aisle there were pariah as these amendments would do? John F. Kerry, Ranking Member, Sub- Or, rather, is the better course to engage objections to bringing these amend- committee on East Asian and Pacific China, to expand dialogue, to invite China to Affairs, Committee on Foreign Rela- ments up today. I might add, these live up to its aspirations as a world power, to tions; amendments were filed a month ago. expose the country to the norms of democ- Gordon Smith, Chairman, Subcommittee As I spoke to the majority leader ear- racy and human rights and thereby draw it on European Affairs, Committee on further into the family of nations? lier this week, he was aware and it has Foreign Relations; We are all for human rights; there’s no dis- been publicly reported these amend- Rod Grams, Chairman, Subcommittee on pute about that. But the question is, how do ments were going to be offered to the International Operations, Committee we best achieve human rights? We think it’s DOD authorization. on Foreign Relations; through engagement. Charles S. Robb, Ranking Member, Sub- The majority leader encouraged me We urge you to look beyond the artfully- committee on Near East/South Asian to stay on Friday so I would be able to crafted titles of these amendments to their Affairs, Committee on Foreign Rela- offer these amendments earlier as op- actual content and effect. One would require tions; posed to later. He encouraged me not the United States to oppose the provision of Dianne Feinstein, Ranking Member, Sub- to wait until Monday or Tuesday in the any international concessional loan to committee on International Oper- China, its citizens, or businesses, even if the debate, but offer them today, Friday. It ations, Committee on Foreign Rela- loan were to be used in a manner which was my plan not to return to my home tions; would promote democracy or human rights. State so I would be able to offer these Joseph I. Lieberman, Ranking Member, This same amendment would require every Subcommittee on Acquisition and amendments today. U.S. national involved in conducting any sig- Technology, Committee on Armed I am now aware there are objections, nificant business in China to register with Services. perplexing to me, obviously, because the Commerce Department and to agree to they passed by such margins in the abide by a set of government-imposed ‘‘busi- Mr. WARNER. I will have an oppor- House. Yes, I am aware there are objec- ness principles’’ mandated in the amend- tunity to visit with my distinguished

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6658 CONGRESSIONAL RECORD — SENATE June 19, 1998 friend momentarily. I thank you very I, too, join our good friend from Vir- When I was in the State legislature, 52 much for the opportunity to do so. ginia in expressing regret to the Sen- years ago, we had only 4 miles of di- Mr. President, I see the presence of ator from Arkansas for his inconven- vided four-lane highways. Think of it— the former distinguished majority ience, but we were just informed last 4 miles of divided four-lane highways leader, a member of the Armed Serv- night. We were never asked whether or in all of West Virginia, 52 years ago. ices Committee. I think he desires to not there would be agreement to set- Then commenting on that fact was seek recognition. ting aside amendments and so forth so Raul Tunley, writing in the Saturday So I yield the floor. that the amendment or amendments of Evening Post of February 6, 1960, when Mr. BYRD addressed the Chair. the Senator from Arkansas can be he said, with reference to West Vir- The PRESIDING OFFICER. The Sen- brought up. ginia’s highway system, that it was not ator from West Virginia. Having said all that, there is at least to be compared with the highway sys- Mr. BYRD. Mr. President, I thank one of these amendments which I am tems of its neighboring States. His the distinguished Senator from Vir- hoping, perhaps, we might be able to exact words were ‘‘Its [highway sys- ginia, Mr. WARNER. I have some re- get agreement on before this day is tem] is decades behind that of its marks, but they are not on the bill, and over; that is the fourth amendment, neighbors.’’ That was 1960. I was in the I will be happy to wait until others which has been dealt with by the For- Senate at that time, and those words have had a chance to speak on the bill, eign Relations Committee. Unlike the were seared on my memory. ‘‘Its high- if it is so desired. I wanted to address first three amendments, which have way system is decades behind that of some remarks to West Virginia’s birth- not been, the fourth amendment, I un- its neighbors.’’ day which is on the morrow and also to derstand, has been dealt with by the Well, Mr. President, come to West Father’s Day, which is on Sunday. But Foreign Relations Committee. Perhaps Virginia now. Many times I have I will be very happy to delay my re- we could get that amendment cleared stopped in hotels and motels in West marks until a later hour, if I can just before the debate is over today. We Virginia. I have met travelers from get some indication of when I might be would have to go back to the signers of other States, tourists who have come able to have the floor. I yield to the these letters with these objections in to West Virginia to see its majestic distinguished Senator from Michigan, order to accomplish that. But I surely mountains, its viridescent hills and its if he can enlighten me on this point. would like to accommodate our friend Mr. LEVIN. Mr. President, I wonder iridescent sunsets, and they have com- from Arkansas, if we can, at least to mented to me, glowingly, upon our if I might just have the floor for a few that extent. moments to comment on the remarks highways, the highways that we now Mr. WARNER addressed the Chair. have in West Virginia, the State which of our friend from Arkansas. It won’t The PRESIDING OFFICER. The Sen- take me more than 2 or 3 minutes, if he Raul Tunley disparagingly wrote about ator from Virginia. in 1960, saying that ‘‘Its highway sys- can yield the floor for that purpose. I Mr. WARNER. I thank my distin- tem is decades’’—not years —‘‘decades ask unanimous consent that I be yield- guished colleague. Momentarily, a tele- behind that of its neighbors.’’ ed 5 minutes at this time and then the phone message or conversation will Well, Mr. President, we in West Vir- floor return to the Senator from West take place with the distinguished ma- ginia welcome visitors from other Virginia. jority leader, and quite likely, the States. I trust that Senators at one Mr. THURMOND. Mr. President, I so writers of that letter. So we may have time or another will have traveled in ask. further developments here shortly, I West Virginia, and that they will have The PRESIDING OFFICER. Without wish to advise my colleague, and the met its fine citizens and tested their objection, it is so ordered. distinguished Senator from Arkansas. I Mr. LEVIN. Mr. President, I will ad- know you have a pressing need to re- hospitality and seen the beauties of na- dress our friend from Arkansas first. turn home, and we are going to try and ture, all of God’s creation, in those Let me add my comments to the Sen- accommodate everybody as much as we mountains. I have visited over 800 of the 1,000 ator from Virginia. We were just in- can. formed last night that this bill was Mr. President, I see the presence of a post offices in West Virginia. So I have going to be brought back to the floor. distinguished member of the com- had an opportunity to get up the hol- We expected there would be the resolu- mittee here. lows and visit up the creeks and over tion of two appropriations bills before The PRESIDING OFFICER. Under the hills and in the mountains. I have this bill came to the floor. We didn’t the previous order, the Senator from had an opportunity to see much of know when the bill would come back West Virginia is recognized. West Virginia by virtue of my travels. until late last night. Mr. BYRD. Mr. President, I thank And interestingly, Mr. President, As the Senator from Virginia has in- the distinguished Senator from Vir- West Virginia’s post offices, the names dicated, there was a ‘‘Dear Colleague’’ ginia, Mr. WARNER, for his kindness. of communities and places in West Vir- letter circulated indicating objections And I also thank the distinguished ginia, tell many stories. If you travel to any consideration of amendments Senator from Michigan, Mr. LEVIN, for through West Virginia, you can go relative to China, specifically those his consideration and courtesy and from Acme to Zenith, from Pax to War. that might involve visas and other kindness as well. You can sample Justice, Independence things in that letter, of which I am f and Liberty without leaving your car, sure the Senator has a copy. and you can drive in Harmony or Con- In addition, there is a specific objec- HAPPY BIRTHDAY, WEST VIRGINIA fidence, or, if traffic is bad, in Shock. tion which the chairman of the Sub- Mr. BYRD. Mr. President, on June 20, You may even choose to settle in New committee on East Asian and Pacific 1863, in the midst of the great Civil Era or perhaps in Paradise. Maybe Affairs, as indicated in his letter to the War, in which father fought against Friendly or Hometown is where you majority leader, to any setting aside, son and brother fought against brother, want to sink your roots. or to quote him: ‘‘I object to any unan- a new star in the constellation that we On the other hand, Odd may suit imous consent request designed to see on that flag was born. It was the your fancy, if Looneyville, Pickle come to a time agreement on or to 35th star. The great State of West Vir- Street, Pinch, Droop, or Left Hand fail bring up such an amendment.’’ And the ginia became a separate government. to meet your requirements. These are amendment that he is referring to is Its motto, quite appropriate, consid- all place names in West Virginia— any amendment in this dealing with ering the history of its birth, is towns, cities, and small communities the People’s Republic of China. ‘‘Montani semper liberi’’—‘‘Mountain- whose names still reflect the hopes and So as one of the managers of the bill eers are always free.’’ And so I salute humors of those who settled my quirky here, the minority manager, I have the my State on its birthday, which will be but wonderful home state. responsibility, as does the manager on on tomorrow, as I said; 1863–1998, 135 Some of these new inhabitants clear- the majority side, to protect Members years, its 135th birthday. Happy Birth- ly had been elsewhere, or perhaps had when there are unanimous consent re- day, West Virginia! missed the homes they left behind, for quests, knowing of objections to those Mr. President, I invite my friends in the map of West Virginia reads like a requests. the Senate to visit West Virginia. world atlas. You can tour the sights of

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 19, 1998 CONGRESSIONAL RECORD — SENATE S6659 Athens, Belgium, Cairo, Turkey, Ire- highlands of West Virginia. This is just or surf the net through a computer land, London, Rangoon, Shanghai, Wa- a short list of West Virginia’s many modem. terloo, Medina, Vienna, Congo, Glas- natural treasures. Well, Mr. President, may I say to my gow, Ghent, and Genoa without a pass- Of course, West Virginia and King good friend from Nebraska, Senator port—without crossing more than a Coal were once nearly synonymous, KERREY, I have spent my career in pub- county line! You could even Tango in and the importance that mining played lic service, and the underlying theme Montecarlo. You can see much of the in the life and economy of early West of that half-century of labor is one of United States as well, including Au- Virginia is also evident in her place nurturing the infrastructure that will burn, Augusta, Bismark, Cleveland, names. Alloy, Coalburg, Coal City, allow the natural talents of West Vir- Miami, Dallas, Newark, Denver, Wash- Coalfield, Coal Fork, Coal Mountain, ginia’s people to flourish, providing the ington, and Wyoming. And if these big Coalton, Coalwood, Coketon, Colliers, support and encouragement for West cities overwhelm you, the lower key Lead Mine, Montcoal, Nitro, Petro- Virginians of all ages to come, come to attractions of Minnie, Little, or Pee- leum, and Vulcan, West Virginia, all West Virginia, come to seek a good wee might be soothing, but if your clearly pay homage to the valuable education, and the necessary transpor- dreams and fantasies are truly won- natural treasure that underlies West tation links and other services to at- drous, then Cinderella—Cinderella, Virginia’s beauty. tract businesses to the State so that Cinderella—is the place for you. Romance—Shakespeare—had he lived these skilled and devoted sons and Some names are more evocative of in a later time—may have been think- daughters of the mountains might re- the settlers’ beautiful and wild new ing of Romance, WV, when he wrote main close to home. surroundings, such as Grassy Meadows, ‘‘Romeo and Juliet.’’ Romance has its While my work has required that I Green Valley, Clear Creek, Deepwater, place as well, both as a community and spend much of my time away from the Lake, Limestone, Shady Spring, Cold in the affection of the early settlers for hills and hollows of my youth, I cher- Stream, Coldwater, Three Forks, Fall- their lady loves, enshrined in countless ish every report of new businesses ing Waters, and even Falling Rock. communities named after them, from choosing to establish themselves in And speaking of Three Forks, West Alice and Rachel and Sarah to Minnie West Virginia and West Virginia com- Virginia’s schoolchildren are good in and Dollie and Naoma, West Virginia. panies adding jobs and products to math. When I was a boy, we had the old But some of the most interesting place their operations in the State. These re- spelling matches and the arithemetic names relate to the concern that our ports mean that my dreams for West matches on Friday afternoons. So we forebears had to pay to the weather Virginia are coming true, that the are good in math. So there is Onego, and atmospheric conditions in those dream of so many West Virginians to there is Two Run, there is Three Forks, days before electricity, central heat- remain in West Virginia and to raise there is Three Mile, Three Churches, ing, and air conditioning. Ah, what a new generations of mountaineers is be- there is Four Mile, Four States, Five world it was! West Virginia has towns coming a reality. I see that energy and Forks, and Six and even Hundred. named Cyclone, Hurricane, Mt. Storm, optimism throughout the State as new Speaking of falling rock, in fact, Skygusty, Tornado, Sun, Twilight, opportunities, new roads, and new rocks figure rather prominently in my Snowflake, Frost, Mud, and Windy. buildings rise alongside the gentle re- state of old mountains. West Virginia Clearly, El Nino is not the only weath- minders of the great and historic leg- communities include, simply, Rock, as er phenomenon to etch a name for acy of West Virginia’s earlier settlers. well as Rock Camp, Rock Castle, Rock itself in people’s memories. It is, after all, proof that Confidence Cave, Rock Creek, Rock Oak, Rock- If West Virginia had much to offer and Paradise can still be found in West port, Rockcliff, Rockford, Rock Gap, those who ventured into her steep Virginia, not far from Prosperity in Rock Lick, Rock Valley, and Rock mountains, followed her coursing Raleigh County, WV. View, in addition to the more flavorful streams in those early days, she has so, So, Saturday, June 20, is the 135th Salt Rock. And of course the trees and so much more to offer the world today. birthday of West Virginia’s establish- animals are not to be overlooked, trees Instead of 4 miles of four-lane, divided ment as the 35th star in the constella- and animals discovered by the settlers highways, as in 1947, she today has 900 tion on our national flag. I know that are also recorded on the maps—Apple miles of four-lane, divided highways. In God’s blessings have shone down on her Grove, Birch River, Oak Hill, Paw Paw, addition to her stunning good looks, people, on her mountains, on her green Piney View, Willow Island, Beaver, Bob this lady State of the mountains offers hills, and on her green valleys, and White, Pidgeon, Buffalo, Panther, the brawn, the brain, and the talents of that I have been blessed to be a part of Wildcat, Deerwalk, Trout, Pike, her hard-working and thoroughly mod- securing for her a bright future. Wolfcreek—Wolfcreek Hollow is where ern populace. Happy birthday, West Virginia, and I spent my boyhood years—Elk Garden, In towns and cities dotted with insti- best wishes to you always! Montani Crow, Duck, and of course, as was al- tutions of higher learning, West Vir- semper liberi—mountaineers are al- ready mentioned, Turkey, West Vir- ginia produces the intellectual fire- ways free! Mr. President, take that ginia. I am proud to say that in West power to combine with the fabled brute message to China: Mountaineers are al- Virginia, sites as pristine and beautiful strength of her coal miners, her ‘‘John ways free. as those discovered over two centuries Henrys’’ of old. The transportation sys- f ago can still be savored by today’s gen- tem, including the interstate highways erations. I proudly offer the spectac- and connectors, rail, air, and even river FATHER’S DAY ular chasm of the New River Gorge, the routes, is increasingly interconnected Mr. BYRD. Mr. President, on Sunday, monumental beauty of Seneca Rocks, and modern. For those who do not wish June 21, Americans will take time to the ecological rarity of Dolly Sods, the to transport goods or to commute in honor the Nation’s fathers. The Bible unique variety and interest of Canaan traffic, West Virginia offers an exten- tells us to ‘‘honor thy father and thy Valley, where, when I was minority sive fiberoptic telecommunications mother.’’ But at times, fathers have re- leader, I took all of the democratic network that allows today’s cyber ceived less public attention and appre- Senators there on a weekend for meet- workers to combine high-technology ciation than mothers. Mother’s Day, ings. Sometimes these meetings are jobs with an uncrowded pastoral set- after all, has been recognized on a con- called retreats. I think I was the first ting—imagine that, an uncrowded pas- tinuing basis since 1914, while Father’s Senate leader to take Members of the toral setting; how majestic, how beau- Day has only been an official holiday Senate to retreats and especially to the tiful West Virginia seems—a low crime for a little over 25 years. choice, unique retreat, sui generis, in rate, and great family life. Mr. President, my State has a proud, Canaan Valley, WV. By this fall, West Virginia will even though little noted, role in the history There are the scenic and historic vir- boast eight distance learning nodes, al- of Father’s Day. According to the tues of Harpers Ferry at the confluence lowing her citizens to maintain and ex- American Book of Days, Fairmont, of two famous rivers—the gentle Shen- pand their high-technology edge. In WV, held a church service honoring fa- andoah and the mighty Potomac. The West Virginia, you can surf a standing thers in July 1908. The idea did not Potomac River rises where? In the river wave in a brightly colored kayak begin to catch on, however, until a

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6660 CONGRESSIONAL RECORD — SENATE June 19, 1998 woman by the name of Sonora Smart I shall always be indebted to him for I used to look up the railroad tracks Dodd launched a campaign the fol- teaching me by his conduct the vir- and wait for my dad to return from his lowing year to establish a day cele- tuous and proper path to take in life, day in the mines, swinging his dinner brating fatherhood. A resident of Spo- not that I have always followed that bucket beside him. I treasured my time kane, WA—one of Washington’s dili- path. But if a parent will ingrain these with him. He encouraged me to read, to gent, able, and respected Senators pres- principles in his children, the child draw, and to learn music. Like so many ently presides over the U.S. Senate— may from time to time wander from fathers, he wanted me to have a better Mrs. Dodd reportedly wanted to honor the righteous path, but in time he will life than he had had. He set about en- her own father, a widower who raised return because the old lessons, the old couraging my interests and in building her and her five brothers by himself on verities, the eternal values, taught and my confidence. a farm in eastern Washington State. As inculcated into the minds of the chil- I suspect that many of my colleagues I mentioned, a Senator from Wash- dren, will always, always remain and learned to throw a ball or to fly a kite ington State is presiding over the Sen- will become a part of that life and a under the tutelage of their fathers. Fa- ate, Senator SLADE GORTON. He is the part of the next generation. thers played such an integral role in chairman of the Interior Appropria- The Bible tells us in Ecclesiastes, many of the memories that many of us tions Subcommittee in the Senate and chapter 9, 10th verse, ‘‘Whatsoever thy have of our childhood. We picture those is one of the most knowledgeable Mem- hand findeth to do, do it with thy fathers tending the weekend barbecue, bers on the subject matter of that sub- might.’’ That old dad taught me that. fork in one hand and a plate of hot committee. He is an excellent chair- And I took the maxim seriously be- dogs or hamburgers in the other, sit- man. But we are talking today about a cause he took it seriously. He worked ting patiently in the stands of the Lit- hard, very hard. lady from his State, the State which he tle League ball game cheering our suc- so honorably represents, the State of Senators can’t know it unless they lived in the mining towns. They can’t cesses, consoling us afterwards about Washington. our less than successful efforts; or Thanks to Mrs. Dodd’s efforts, the know the hard drudgery, the discour- teaching us with a mixture of stern first official Father’s Day was held in aging life of the coal miner and his caution and warm affection how to Spokane on June 19, on the third Sun- family. drive the family car. That is not an ex- day in June 1910. President Woodrow And my old dad always strove to do perience or memory of mine. But I Wilson, who fathered three daughters, his very best, no matter how simple or know that it is with many others. Such and President Calvin Coolidge, who had unexciting the job in the mines. Many moments are as precious as pearls, and two sons, endorsed the concept of Fa- men’s lives—my neighbors, my friends, ther’s Day, and various Congresses con- fathers—depended in a very literal we string them together in our minds sidered different resolutions making sense upon the quality of each other’s to make a beautiful necklace of memo- Father’s Day an official holiday. work and upon the carefulness of each ries. Finally, in 1972, Congress passed and other’s work. A careless lighting of a Fathers can be stern, of course, but President Nixon signed into law a bill match might snuff out the lives of the what father is more worthy than the making Fathers’ Day a national holi- fathers of hundreds of children. Think one who selflessly serves as a garden day. of Monongah, WV, where more than 300 stake for his young child? I remember as a child watching my lives were taken in one day by an ex- I grow a few tomato plants, and I al- stepfather, my uncle, who was the only plosion, an explosion in a mine. ways have a stake to hold those to- dad I ever knew, Titus Dalton Byrd. I I recall now how late in the after- mato plants until they are strong remember watching him set forth to noon I would go out on the porch and enough that they can climb and make toil in the mines, a hard way to make look up the railroad tracks and wait it with the help of still larger stakes. a living, no future, sometimes $2 a day, for my uncle, my dad. I never lived So, what father is more worthy than working in the black bowels of the with my natural father. My mother the father who serves as a garden stake Earth, in water holes, under mountains died with the influenza epidemic in for his child, using his own example to of rocks overhead, loading coal. I saw 1918. I lacked just a few days being 1 encourage the tender young sapling to him set forth to work. I suspect that year old. I never lived with my father grow up straight and to grow tall? much of what I have achieved in life after the day she died. And I never saw Good fathers are like good gardeners. can be traced to the example of pa- him during the next 15 years, and then They prepare the soil carefully and tience, tireless diligence, that he set I was able only to visit with him 1 they coddle the seedlings before hand- for me. week. That was my natural father. I ing them off and planting them in the He was a poor man, a humble man, a had three brothers and a sister, but soil of life. And, even then, they weed quiet man. I never heard him use God’s only recently did I learn that I had a out the bad influences, prune the bad name in vain in all my days with him. fourth brother, who died at childbirth. habits, support and train the tender And when he left this world, he left I grew up in the hands of these wonder- shoots with discipline and order and owing no man a penny. He was an hon- ful, wonderful people, this old couple fertilize with affection. est, hard-working man, one who ac- who had had one child before I was Let me close, Mr. President, with a cepted his lot in life without com- born. He died of scarlet fever. This old short poem by Grace V. Watkins enti- plaint. I never in my life saw him sit couple took me on my mother’s leaving tled, ‘‘I Heard My Father Pray.’’ down at the table—no matter how mea- this earthly life. And they brought me Once in the night I heard my father pray. ger, how humble, the fare—and utter from North Carolina to West Virginia. The house was sleeping, and the dark the slightest complaint, never a com- So this was my dad. This was my mom. above plaint about mom’s cooking, although I have no recollections of my natural The hill was wide. I listened to him say Such phrases of devotion and of love, she was an excellent cook, never a mother. So far beyond his customary fashion, complaint. He never complained about But these were the people who raised I held my breath for wonder. Then he anything. me. They didn’t have much, but they spoke Like so many children with their fa- had love for me. I never heard them My name with tenderness and such com- thers, I continue to be indebted to that quarrel at any time in their 53 years of passion. man, one of the greatest men that I marriage. Not a quarrel did I ever hear. Forgotten fountains in my heart awoke. have ever known in life. And I have My wife and I have been married 61 That night I learned that love is not a known a lot of so-called great men, years. I can’t say we haven’t had a few thing statesmen, leaders, Senators, Gov- spats. But my old mom used to say, Measured by eloquence of hand or tongue, That sometimes those who voice no whis- ernors, shahs, kings, princes. My dad ‘‘One thing you must remember, both pering was a truly great man, great because of you, don’t you both get mad at the Of their affection harbor love as strong, he symbolized the great things in life: same time.’’ When one gets mad, the As powerful and deathless as the sod, honesty, integrity, respect for his other shouldn’t get mad. The other But mentioned only when they talk with neighbor, love for his God, faith in his shouldn’t say anything. Just sit down, God. country. He loved his family. He loved be quiet. So that was her recipe, and it Mr. President, I yield the floor. me. worked. Mr. THURMOND addressed the Chair.

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 19, 1998 CONGRESSIONAL RECORD — SENATE S6661 The PRESIDING OFFICER. The Sen- Mr. LEVIN addressed the Chair. Mr. WARNER. Mr. President, I wish ator from South Carolina. The PRESIDING OFFICER. The Sen- to associate myself with the remarks Mr. THURMOND. Mr. President, I ator from Michigan. of the distinguished Senator from want to commend the able Senator Mr. LEVIN. Mr. President, let me Michigan and our great and courageous from West Virginia for the remarks he just join Senator THURMOND in thank- chairman of the Armed Services Com- just made. He has told us about that ing Senator BYRD for his eloquent re- mittee, Mr. THURMOND. For all of us great State that has so many places marks on his home State on its birth- who have joined here today, and Sen- named for other places in this country, day. We all join the Senator in wishing ator KERREY and others, to listen to so many places. He has told us about West Virginia happy birthday and on those beautiful remarks, of course they his history and the hardships he under- his tribute to fathers. What the Sen- evoke memories of our own parents. went and he has overcome. We are very ator said about his family, his step- My father was a medical doctor who proud of him. I consider him a man of father, his uncle, and other men who practiced surgery and gynecology in integrity, ability and dedication. All had such an impact on his life, brave the greater metropolitan Washington that he has done in this body is a credit men, modest men, men of modest area all his life. He was proud of his to him. means who had such an impact on his heritage from the central part of Vir- I have never heard unfavorable re- life, all live through him in us and ginia, from whence his father and marks about Senator BYRD. Everything those memories are shared with us. mother came. I often think that no I have heard and learned about him has They become part of all of us. And so I matter what riches there are available been good. And after hearing his talk want to thank the Senator from West in the world, there is no greater gift of this morning, I am convinced that all Virginia for sharing those memories God or anyone else than to have loving the experience he has in his life has in- with us. and strong parents. To the extent I fluenced him throughout his entire ca- I talk a lot back home about lifelong have succeeded modestly in life, I owe reer, which is quite remarkable. He has learning. When I talk to students when it almost entirely to a wonderful father brought out so many instances of how they graduate, whether high school or and a wonderful mother, who lived to other States are connected with his college, I say it is the learning that lies be 96 years old. State; his State is intertwined with so ahead of them also which is so impor- Senator BYRD, you have left a pro- many different places. tant and they should never stop learn- found mark on all of our lives. We vis- Incidentally, in West Virginia there ing. We have greater opportunities for ited momentarily here before those re- is a town or community named Thur- that now as adults because of some of marks about the birthday of West Vir- mond. I don’t know whether the Sen- the efforts, as a matter of fact, which ginia. I continue to make the offer to ator is familiar with it or not. He did the Senator from West Virginia has rejoin Virginia and West Virginia, bond not mention that, but I mention it to made to make possible lifelong learn- them together as they once were, and I show that South Carolina has a con- ing for our citizens. will yield the position of the senior nection with West Virginia, and we are We all still learn from Senator BYRD. Senator from Virginia and allow my very proud of the connection that we It has been a learning experience for colleague to be the senior Senator. have with the Senator and his State. me, being with him in this Chamber, Just how Senator ROBB will fit into Again, I wish the Senator long life and since the first day I was here, and that that, I am not sure. Mr. LEVIN. Where does that leave much happiness and continued success learning experience has never ceased. I CHUCK? in all of his undertakings. do not know of any Member of this Mr. WARNER. We will work out Mr. BYRD. Mr. President, if I may body who has not gained a great deal of those modest details as we go along. again claim the floor just for 2 or 3 wisdom and knowledge from serving But you have greatly enriched the lives minutes, I thank the senior Member of here with the senior Senator from West of all of us. this body for his preeminently gracious Virginia. So I thank the Senator for What a treasured experience—to have and charitable remarks. taking the time he did this morning to the opportunity to listen to Senator There is a place named Thurmond in share those thoughts with us. BYRD on the floor on this and many West Virginia. It is down on the New Mr. BYRD. Mr. President, if I may other subjects. River, and it is a very historic place, just comment briefly, Tennyson said, Perhaps before the day ends, you will an old railroad town. There was a ‘‘I am a part of all that I have met, and give us a quote, relative to Cicero, as poker game there that continued for we are all a part of each other.’’ I am you give Senator LEVIN and me a little several years. I have heard various sto- a part of CARL LEVIN. CARL LEVIN is a token of what you feel about so strong- ries about this poker game that lasted part of me. I am proud to serve in this ly. 7 years. Some said it lasted 10, 11 or 12 body with CARL LEVIN, Senator LEVIN. Mr. President, I will be consulting years. It was evidently a long, long He is a man who when he studies a bill, with the distinguished chairman of our time in its existence. studies it with infinite care, dissecting committee and the ranking member re- Thurmond is just a small town now— each comma and period, semicolon, garding the remainder of the day. But not to be called even a town. But I am colon, each word, each phrase. we will continue actively on this bill. very proud that Senator THURMOND of The Bible says, ‘‘See us now a man At this moment, I yield the floor. South Carolina has reminded me of diligent in his business; he shall stand Several Senators addressed the Thurmond, WV. I hope Senators will before kings.’’ Senator LEVIN is a man Chair. travel through Thurmond at some with diligence and ability, and I am The PRESIDING OFFICER. The Sen- point. It is on one side of the river, and proud to know him, proud to serve with ator from Nebraska. on one side of the railroad tracks. One him. He is the ranking member on the Mr. BYRD. Mr. President, will the can see the beautiful mountain peaks Armed Services Committee on which I Senator from Nebraska allow me to re- on each side. serve with Senator WARNER, who is the spond just briefly to the Senator from I thank the Senator, too, for his serv- ranking member on the Republican Virginia, Mr. WARNER? I want to ex- ices to his State and to his country. If side. I thank him. He has always been press my gratitude to him for his very one reads his biography, one will find very generous, very kind, very lavish and profuse words with respect that he is truly a remarkable Senator thoughtful to me. And I hope to predict to me. He shares with us great riches, who has led an extraordinary and re- that within just a few weeks he will as we enjoy his friendship and work markable political career, a career in join me in lauding the Supreme Court with him. I look upon him as a great public service. He honors me with his of the United States for holding that American. He is on the Armed Services kind words, and I am thankful to the the Line-Item Veto Act is unconstitu- Committee, a former Member of a divine hand that guides us all for hav- tional. He has fought that battle with President’s Cabinet—Secretary of the ing let me live and serve in this body me, and I hope we are able to join in Navy. He has demonstrated by his pa- with STROM THURMOND now for 40 triumph as Roman Emperors on that triotism and public service the kind of years. I am grateful for my friendship great day. May it come. service that we should try to emulate. with him and most appreciative of his Mr. LEVIN. A hope in which I share, I thank him very much for his kind kind words this morning. may I say. Thank you, ROBERT. words. They mean much to me.

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6662 CONGRESSIONAL RECORD — SENATE June 19, 1998 Mr. WARNER. I thank the Senator who remember that extraordinary serv- For gosh sakes, what threats are there from West Virginia, my friend. ice. today to the people of the United The PRESIDING OFFICER. The Sen- So, on Father’s Day I am apt, I sus- States of America that would justify ator from Nebraska. pect as many of us who have served this expenditure, not just of money but Mr. KERREY. First of all, I come to are—apt to reflect, not only upon my of lives?’’ the floor to offer some comments on S. father, but also upon the fathers who Understand, we are not just author- 2057, a 412-page law that is before us. are no longer with us as a consequence izing the creation of an Army, a Navy, But I had the pleasure, as many others of their service, as a consequence of a Marine Corps, an Air Force, and a did on the floor, to listen to the state- their heroism, as a consequence of Coast Guard, we are asking young men ment of the distinguished Senator from their courage. And I, as an individual, and women to come in and swear an West Virginia about not only West Vir- am always more impressed with the oath to their country and defend the ginia, but also on Father’s Day. courage and the heroism that is done, people and, if necessary, not only to I want to offer my praise as well, not as the distinguished Senator from West risk their lives, but even to give their just for the Senator’s statement, but Virginia was describing in his own fa- lives in a cause that we on this floor for the Senator’s service. The senior ther, without any expectation that declared important, as we have done in Senator from West Virginia has not there would be a television camera re- Bosnia, as we have done throughout only made the lives of the people of cording the act, or a newspaper re- the world not just in this year but in West Virginia better, but he has also porter writing it down, or any glory past years. made the lives of the people of America whatsoever, necessarily, coming to My answer is, unfortunately it was better and, for those of us who have that individual. not readily apparent in the 1920s that had the opportunity to learn from him, The most important act of heroism is there was a threat. Thus, Americans in we hope our service better as well. that act of heroism that occurs when the 1920s said, ‘‘We have suffered I am grateful for the advice and nobody is observing what you do. That enough in the Great War,’’ the so- counsel and the assistance that the dis- is when character is built. That is called war to end all wars. It was sup- tinguished Senator has given me. But I when the strength of, not just the indi- posed to be the last war of mankind. am most grateful for those times when vidual, but the strength of the Nation, We had a treaty at Versailles in 1919. It I had the opportunity to sit and listen comes through as well. These young was believed that was all we had to do. to his views and his capacity to con- men who landed on that beach on the So we came home and wrote laws in re- nect the strength and courage of indi- 6th of June, 1944, knew that they per- sponse to people saying, ‘‘We’ve had viduals in the past to what we do here haps would die with no one there re- enough.’’ We wrote laws that downsized on this floor. cording what it was that they had our military, that said there is no ap- f done. parent threat in the 1920s, so we main- I am struck, not just on Father’s tained just a skeleton force, if that. NATIONAL DEFENSE AUTHORIZA- Day, but on many other days as well, TION ACT FOR FISCAL YEAR 1999 how blessed we are as a result of the Mr. President, my father was a 6- The Senate continued with the con- sacrifices that our fathers made for us year-old in Chicago in 1919, and little sideration of the bill. and our forefathers made for us. did he know that the move to demili- Mr. KERREY. Mr. President, I will As I begin my comments on this tarize this Nation, the move to isolate connect what I say here about this piece of legislation, I can’t help but this Nation, the move to say that we piece of legislation with Father’s Day. connect with what the distinguished are going to take care of America first I had the occasion, during our last re- Senator from West Virginia, the senior and only would result not just in his cess, to take my 23-year-old son and Senator, was talking about earlier having to serve in the Army, and he my 21-year-old daughter to Omaha about fathers and sacrifice and the no- was being prepared for the assault of Beach. I was in the audience on the 6th bility of character that is developed in Japan when Hiroshima and Nagasaki of June, 1994, in Antelope Park in Lin- that moment when you do what your bombs were dropped and Japan surren- coln, NE, where, among other people, I father told you to do. You follow not dered, but his older brother, John, went heard at that time the senior Senator just the straight and narrow path, but to the Philippines expecting in 1941 to from Nebraska, Senator Exon, and often the most difficult path. My own return happily a year later, but he was many other speakers talk about that father’s most important lesson to me among those who were, on the 8th of day on the 6th of June, 1944, when very was that the easy road is apt to be the December, the day after the attack on young men crossed the English Chan- wrong road; the easy course is apt to be Pearl Harbor in Hawaii, he was among nel in the early morning and, as they the wrong course. It is that difficult those who were on the island in the approached the beaches of Normandy path that we very often must choose. Philippines unprepared for an attack— in France—now quite quiet, now no- I am here on the floor to make that unprepared—and, as a consequence, where near as hostile as it was on that observation about this particular piece they not only suffered the Bataan morning—the bullets from the German of legislation, Mr. President, S. 2057, 35 death march, but suffered horribly over trenches rained down upon the beach. titles, 412 pages. I came here as a the next few years. And the soldiers, as they approached former Governor, as a former It may not be that we see a threat of the beach that morning, could hear the businessperson, and the longer that I enormous dimensions today, but this bullets raking the front of their land- am on the job of writing laws, the more piece of legislation, I hope, prepares us ing craft. Those of us who have experi- impressed I am that there is a connec- for the threat that we don’t see, for the enced bullets raking in any environ- tion between these laws and our lives. threat that may occur tomorrow. I ment at all understand the courage It may be that some of these words in hope that we understand as we write that it took to lower those gates and this piece of legislation I disagree with, this piece of legislation that there are leave those boats, knowing that it was and I may come to the floor and try to men and women who are serving us in highly likely that they were going to change some of these words, but none our Armed Forces. be shot and that it was even a higher of us should doubt that these words are I know that the Armed Services Com- probability, in those early landing important, that they create an author- mittee has written in to make certain craft, that they would die. ization in law that enables us to have that they are not only given a suffi- On the occasion that I took my son an Army, a Marine Corps, a Navy, an cient amount of resources to train and and daughter, this year, to Omaha Air Force, and a Coast Guard. It frames prepare themselves, but that they are Beach, I pointed out the crosses there for us and authorizes for us what we given adequate housing and that they in this very quiet, reverential place— will need to defend our Nation. are given adequate health care and that each one of them is a story. Each One of the things that I hear very that they are given other things as a one of them is a son. Each one of them often when I am talking to the citizens consequence of us knowing and under- was either a potential father or per- of my State whom I represent is they standing that they are serving us and haps was a father themselves, leaving will say to me, ‘‘Well, Senator, what putting themselves at risk in service to behind grieving sons and daughters threats are there? The cold war is over. us.

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 19, 1998 CONGRESSIONAL RECORD — SENATE S6663 Another area that I think we also the more positive relations between talizing to Americans who want peace, need to understand is that there is di- the Americans and Iranians are becom- who want security, and who want de- plomacy that occurs simultaneously ing more apparent. mocracy for all the states of the Middle with our authorizing and preparing our Secretary Albright took an impor- East. defenses. One very important piece of tant first step Wednesday night to- But closure will not come easily, Mr. diplomacy will occur next week when wards closing that gulf. The impor- President, or quickly. I will never com- our President, our Commander in tance is by no means diminished by the pletely get over the Iranian holding of Chief, travels to the People’s Republic initial negative response that was our Embassy staff hostage in Tehran of China, the largest nation on Earth, heard yesterday on Iran’s state radio. for over a year, and I suspect many the most populous nation on Earth, Secretary Albright recognized Mr. other Americans agree with me. The still a Communist nation, still, in my Khatami as the choice of 70 percent of death sentence which Iran applies to a opinion, suffering as a result of not the Iranian voters, and that he em- writer whose book offends them and having what we have, and that is the bodies their desire for change for great- who is thereby condemned to a life in blessings of liberty, of a government of, er freedom, for a society based on the hiding deeply offends me. Let me add by and for the people. rule of law, for a more moderate for- that if it is proven beyond a reasonable I hope that on this defense authoriza- eign policy leading to an end of Iran’s doubt that Iran was involved in the tion bill we will not make it more dif- international isolation. killing of 19 American airmen at ficult for the President to engage in di- She also noted that Mr. Khatami has Khobar Towers, the consequences for plomacy. I hope that we are able to re- started to change Iranian policies of Iran will be severe and the possibility strain ourselves. I know that there is long-term concern to us. At the same for better relations with us will be interest in China. I know there will be time, Secretary Albright noted consid- zero. amendments that will come to the erable caution. She said Mr. Khatami Major changes in Iranian behavior floor, but I hope that we will not make does not control the entire Iranian must precede an improvement in rela- diplomacy more difficult, Mr. Presi- Government, and that is perhaps the tions between the United States and dent. most notable observation for all of us Iran, and Secretary Albright’s meas- Diplomacy is the effort that we make who are trying to decide what to do, on ured tone this Wednesday reflects the to say that we are going to do all we the one hand, with Mr. Khatami’s very administration’s sober understanding can, not just to keep our defenses moderate and positive statements and of this reality. But she reminded Iran strong to prepare for a threat we may the continued behavior in the overall that our problem with them is not not see today, not just to keep our de- Government that appears to be in con- their culture or their religion, both of fenses strong so we discourage bad be- flict. which we respect; the problem is Ira- havior, but diplomacy is an effort we The intelligence services, the mili- nian actions. If those actions change, make to prevent wars from happening tary, the Revolutionary Guards are we will develop a roadmap for better in the first place. outside the control of Mr. Khatami. relations over time. To that end, I would like to comment They respond to Supreme Jurisconsult Meanwhile, at the human level of a bit on some diplomacy. On Wednes- Khamenei and the more controversial athletics, this coming Sunday in day of this week, the Secretary of leaders whose candidate was defeated Lyons, France, or in universities across State, Madeleine Albright, gave a by Khatami in last year’s election. As the United States, Iranians and Ameri- speech about Asia, and especially she a result, Iran’s behavior is somewhat cans accept each other as individuals, commented about the need to change schizophrenic. compete fairly, and come to know each our policies carefully towards the na- For example, with regard to the other as friends. We relearn how much tion of Iran. Arab-Israel peace process, Mr. Khatami more we have in common in our funda- I rise, indeed, to note two important invited Yasser Arafat to Tehran and mental aspirations for our lives and events in the often troubled relation- accepted Palestinian decisions to nego- our children’s lives. If the Iranian Gov- ship between the United States and tiate for peace. But Iran also continues ernment chooses, our Governments can Iran. One of these events, Secretary of to emit harsh anti-Israeli rhetoric, relate in the same way, and a key re- State Albright’s speech to the Asia So- which does not advance the cause of gion will be safer. ciety on Wednesday night, and the peace. Khatami has condemned ter- Mr. President, I yield the floor. other event is the World Cup soccer rorism, but Iran continues to support Mr. ROBB addressed the Chair. match in France between the teams of anti-Israeli terrorist groups like The PRESIDING OFFICER (Mr. the United States and Iran. This event Hezbollah and terrorizes Iranian exile COCHRAN). The Senator from Virginia. on Sunday is a far smaller event, but it opponents of the regime. Iran has made Mr. ROBB. Thank you, Mr. President. is, nonetheless, still important. First, progress against illegal drugs and is be- May I commend my friend and col- the speech of Secretary Albright is an ginning to reform its institutions. But league from Nebraska for his usual elo- intellectual event, and the second, the allies of Khatami, such as the mayor of quence. When he reflects on past expe- soccer match between the United Tehran and the Interior Minister, are riences and provides some insight into States and Iran, is a physical event. threatened with trials, which are forms some of the actions that this country The first deals with the sweep of his- of intimidation by the old guard. has taken, and those who wear the uni- tory, the sweep of culture and religion, As Secretary of State Albright noted, form of this country have taken, all and the second takes place in the here Iran has welcomed large numbers of Af- Americans do well to listen, in my and now. Yet, both, in my judgment, ghan refugees. Iran has also improved judgment. I have enormous respect for are major departures in a complex and its relations with its Arab neighbors in him. extremely difficult relationship. At the the Gulf. But its development of weap- He has drawn our attention today to level of Governments, the United ons of mass destruction must give some important developments that States and Iran have disliked and sus- these same neighbors considerable have taken place or will take place in pected each other for 19 years. At the pause. In no way could today’s Iran be the next week. And I continue to com- human level, Americans and Iranians called a force for stability in the re- mend him for his leadership in those have expressed their resentments to- gion. areas. I have enjoyed an association wards the other country as they almost Secretary Albright was clear that that goes over a long time. We did not unconsciously grow closer to each American concerns remain and that know each other in Vietnam, but we other at the same time. U.S. policy towards Iran will not served together as Governors, and we Mr. President, with each passing change until Iranian policies, and the came to this institution together. And year, and especially with events such actions flowing from those policies, I am very proud to call him a friend. as the election of President Khatami change first. But she also held out the Mr. WARNER. If the Senator will and the warm reception accorded to possibility for better relations, which yield, I wish to associate myself with the American wrestling team in Iran, must be tantalizing to many of the Ira- the remarks of my colleague from Vir- the gulf between our antagonistic Gov- nian majority who voted for Khatami. ginia in regards to the distinguished ernment-to-Government relations, and The possibility should be equally tan- Senator from Nebraska and how we all

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6664 CONGRESSIONAL RECORD — SENATE June 19, 1998 have profound respect for his judg- thorization bill. The report involved Senate Armed Services Committee but ments, his remarks, particularly as analysis of 259 bases that the military with the entire Senate on the impor- they relate to the security interests of departments identified as major instal- tant issues and challenges that face this country, which he has served and lations and concluded that DOD has our Nation today. continues to serve very aptly. about 23 percent excess capacity. With that, I thank the Chair and I Mr. ROBB. Mr. President, I was The report went on to indicate that yield the floor. pleased to be able to yield to my distin- new base closure commissions in 2001 The PRESIDING OFFICER. The Sen- guished senior colleague notwith- and 2005, if bold enough to close the ator from Washington. standing an earlier conversation that bulk of the remaining excess, will add OIL SPILLS IN PUGET SOUND appeared to combine two very fine $21 billion in the years 2008 through Mr. GORTON. Mr. President, I will States in ways that might not work to 2015 and $3 billion every year there- take this opportunity to thank my col- the complete satisfaction of the two after. league, Senator THURMOND, and the junior Senators from those States. Needless to say, Mr. President, I am other managers of this bill, for agree- Mr. President, the defense bill before deeply disappointed that this Congress ing to a modest amendment of my own us today is a solid package. It rep- is unwilling to authorize another base in their bill. They and their staffs have resents a bipartisan effort on the part realignment and closure commission at been most helpful in this effort. of the committee and a delicate bal- this time. That amendment is a sense-of-the- ance between funding our readiness If we don’t have the courage to shut Senate resolution urging the Navy to today and preparing for the wars of to- down these unneeded facilities to quit take immediate action to control oil morrow. wasting so flagrantly the taxpayers’ spills from Naval vessels at U.S. ports. We are hearing a familiar ring with money, we will continue to stress our This amendment is the result of a dis- regard to defense spending. Force forces to their limits, to lose troops in couraging performance by the navy in structure and end strength have been droves that we’ve spent billions to re- my home state of Washington this slashed by over 30 percent. Overseas cruit and train, and to fail to invest in year. There have been six significant commitments have increased signifi- the weapons, that will maintain our oil spills from Naval vessels in Puget cantly and are pushing our troops to substantial military edge. Sound in 1998. In my opinion, that is their limits. Procurement funding is I am especially troubled by those six spills too many. down by over 70 percent. And our vehi- who will not support another BRAC The Puget Sound is the jewel of cles, ships, and aircraft inventories are then turn around and attack the Ad- Washington. With Mount Rainer to the too old and cannot be sustained at cur- ministration and the Congress for east and the Olympic Peninsula to the rent production rates. underfunding the military for deploy- West, Puget Sound is one of the most On the other hand, we are now, in the ing U.S. forces to contingencies over- beautiful places in the state, and in my context of imminent major military seas, or for procuring too few weapons. admittedly biased opinion, in the coun- challenges, in a relatively benign pe- Mr. President, I understand, objec- try. Tourists and recreationists alike riod. The end of the cold war has al- tions to BRAC, related to privatiza- enjoy sailing, fishing, and ferry rides lowed us to reduce force structure and tion-in-place of depot work in Texas on the Sound. The Sound is home to end strength by roughly one-third and and California even though this issue is abundant marine life. Thousands of procurement by well over half. Despite mostly behind us, the atmosphere, re- people in Washington are dedicated to this, we are still spending at 85 percent mains unnecessarily charged. But the keeping Puget Sound clean so that its of the average cold war peacetime real issue here concerns who is being magnificence can be enjoyed by genera- spending levels, and we will continue punished by Congressional indignation, tions to come. to do so at least through 2003—85 per- So, Mr. President, I am disturbed with the BRAC process as a result of cent. when the carelessness of Naval per- We have gone from 18 to 10 Army di- the recent depot controversy? In the end, we only punish those who sonnel on vessels docked in the Sound visions, 36 to 20 fighter wing equiva- for repairs at the Naval Shipyard in most need the benefits of infrastruc- lents, and 15 to 11 carriers. Yet we have Bremerton or Naval Station Everett ture savings. First, we punish the na- only cut the budget top line by 15 per- pollutes that beautiful body of water. tion’s taxpayers when we fail to make cent. Six oil spills in as many months is a the best use of the resources with How do we explain this? In part, Mr. poor record by any standard. President, by increased overseas com- which they entrust us. Second, we pun- I urge my colleagues to join me in mitments. Yet even Bosnia involves ish today’s soldiers, sailors, airmen and pushing the Navy to take immediate only about a third of the division and marines, whose readiness depends on steps to curb the number of oil spills is costing us less than 1 percent of the sufficient reliable resources for equip- caused by Naval personnel in U.S. defense budget. In part, we are spend- ment, training and operations through waters. More attention to the risk of ing more for weapons. But weapons the year. Finally, we punish tomor- oil spills, more training to teach Naval procurement is down by over 70 per- row’s force, as we continue to mort- personnel how to avoid spills, and im- cent, and each new weapon is much gage, research, development, and mod- proved liaison with local communities more lethal than its predecessor, allow- ernization of equipment necessary to where spills occur should go a long way ing us to buy fewer. keep America strong into the 21st cen- to improve the Navy’s environmental In part, we are having to spend much tury. record. Oil spills, Mr. President, can At its most basic level, getting rid of more for maintenance per vehicle or and should be limited. ship or aircraft or weapon because excess infrastructure, consistent with I thank the Armed Services Com- many of these systems are so old. But American public expectations, is just a mittee, the bill managers and their new systems entering the inventory re- good government. I reiterate may dis- staffs for working with me to pass this quire far less maintenance, and much appointment that we do not have the important amendment. of the maintenance is now being done support needed to deal with this waste- Mr. President, I ask unanimous con- for less by the private sector. ful situation. sent to speak for up to 10 minutes as in How then can we explain to the Mr. President, I nonetheless support morning business on two additional American taxpayer that we have cut the bill in its current form. It includes subjects. forces by over a third but have only cut many badly needed provisions, includ- The PRESIDING OFFICER. Without the budget by half? And that amounts ing a 3.1 percent pay raise for our objection, it is so ordered. to only about 15 percent. The obvious troops, funding for Bosnia, and funding (The remarks of Mr. GORTON per- and unequivocal answer is infrastruc- for numerous modern systems to re- taining to the introduction of S. 2196 ture. Infrastructure means the facili- place those that are simply too old to are located in today’s RECORD under ties and other assets that support our effectively wage future battles and to ‘‘Submission on Introduced Bills and troops on the front line. Above all, it be maintained at reasonable costs. I Joint Resolutions.’’) means bases. look forward to the continued delibera- Mr. WARNER addressed the Chair. Last month, we received a BRAC re- tions on this important legislation, not The PRESIDING OFFICER. The Sen- port required by last year’s defense au- only with my fellow members of the ator from Virginia.

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 19, 1998 CONGRESSIONAL RECORD — SENATE S6665

MOTION TO RECOMMIT WITH AMENDMENT NO. 2735 ing to a 1995 Amnesty International report, (1) Forced abortion was rightly denounced Mr. WARNER. Mr. President, I have the Catholic inhabitants of 2 villages in as a crime against humanity by the Nurem- just been in consultation with the dis- Hebei Province were subjected to population berg War Crimes Tribunal. (2) For over 15 years there have been fre- tinguished majority leader. Acting on control under the slogan ‘‘better to have more graves than one more child’’. Enforce- quent and credible reports of forced abortion his behalf and at his instruction, I take ment measures included torture, sexual and forced sterilization in connection with the following steps: abuse, and the detention of resisters’ rel- the population control policies of the Peo- I move to recommit the pending bill atives as hostages. ple’s Republic of China. These reports indi- to the Armed Services Committee with (E) Forced abortions in Communist China cate the following: instructions to report back forthwith often have taken place in the very late (A) Although it is the stated position of with all amendments agreed to in sta- stages of pregnancy. the politburo of the Chinese Communist tus quo, and with the following amend- (F) Since 1994 forced abortion and steriliza- Party that forced abortion and forced steri- tion have been used in Communist China not lization have no role in the population con- ment. only to regulate the number of children, but trol program, in fact the Communist Chinese The PRESIDING OFFICER. The also to eliminate those who are regarded as Government encourages both forced abortion clerk will report. defective in accordance with the official eu- and forced sterilization through a combina- The legislative clerk read as follows: genic policy known as the ‘‘Natal and Health tion of strictly enforced birth quotas and im- The Senator from Virginia [Mr. WARNER] Care Law’’. munity for local population control officials moves to recommit the pending bill, S. 2057, SEC. . DENIAL OF ENTRY INTO THE UNITED who engage in coercion. Officials acknowl- to the Armed Services Committee with in- STATES OF PERSONS IN THE PEO- edge that there have been instances of forced structions to report back forthwith with all PLE’S REPUBLIC OF CHINA EN- abortions and sterilization, and no evidence amendments agreed to in status quo, and GAGED IN ENFORCEMENT OF has been made available to suggest that the FORCED ABORTION POLICY. with the following amendment No. 2735, for perpetrators have been punished. The Secretary of State may not issue any Mr. WARNER. (B) People’s Republic of China population visa to, and the Attorney General may not control officials, in cooperation with em- Mr. WARNER. Mr. President, I ask admit to the United States, any national of ployers and works unit officials, routinely unanimous consent that reading of the the People’s Republic of China, including monitor women’s menstrual cycles and sub- amendment be dispensed with. any official of the Communist Party or the ject women who conceive without govern- The PRESIDING OFFICER. Without Government of the People’s Republic of ment authorization to extreme psychological objection, it is so ordered. China and its regional, local, and village au- pressure, to harsh economic sanctions, in- The amendment is as follows: thorities (except the head of state, the head cluding unpayable fines and loss of employ- of government, and cabinet level ministers) ment, and often to physical force. AMENDMENT NO. 2735 who the Secretary finds, based on credible (C) Official sanctions for giving birth to (Purpose: Condemning Forced Abortions in information, has been involved in the estab- unauthorized children include fines in the People’s Republic of China) lishment or enforcement of population con- amounts several times larger than the per At the appropriate place insert: trol policies resulting in a woman being capita annual incomes of residents of the TITLE —FORCED ABORTIONS IN CHINA forced to undergo an abortion against her People’s Republic of China. In Fujian, for ex- free choice, or resulting in a man or woman SEC. . SHORT TITLE. ample, the average fine is estimated to be being forced to undergo sterilization against twice a family’s gross annual income. Fami- This title may be cited as the ‘‘Forced his or her free choice. lies which cannot pay the fine may be sub- Abortion Condemnation Act’’. SEC. . WAIVER. ject to confiscation and destruction of their SEC. . FINDINGS. The President may waive the requirement homes and personal property. Congress makes the following findings: contained in section ll with respect to a (D) Especially harsh punishments have (1) Forced abortion was rightly denounced national of the People’s Republic of China if been inflicted on those whose resistance is as a crime against humanity by the Nurem- the President— motivated by religion. For example, accord- berg War Crimes Tribunal. (1) determines that it is in the national in- ing to a 1995 Amnesty International report, (2) For over 15 years there have been fre- terest of the United States to do so; and the Catholic inhabitants of 2 villages in quent and credible reports of forced abortion (2) provides written notification to Con- Hebei Province were subjected to population and forced sterilization in connection with gress containing a justification for the waiv- control under the slogan ‘‘better to have the population control policies of the Peo- er. more graves than one more child’’. Enforce- ple’s Republic of China. These reports indi- Mr. WARNER. Mr. President, I ask ment measures included torture, sexual cate the following: abuse, and the detention of resisters’ rel- (A) Although it is the stated position of for the yeas and nays. The PRESIDING OFFICER. Is there a atives as hostages. the politburo of the Chinese Communist (E) Forced abortions in Communist China Party that forced abortion and forced steri- sufficient second? often have taken place in the very late lization have no role in the population con- There is a sufficient second. stages of pregnancy. trol program, in fact the Communist Chinese The yeas and nays were ordered. (F) Since 1994 forced abortion and steriliza- Government encourages both forced abortion AMENDMENT NO. 2736 TO MOTION TO RECOMMIT tion have been used in Communist China not and forced sterilization through a combina- (Purpose: Condemning forced abortions in only to regulate the number of children, but tion of strictly enforced birth quotas and im- the People’s Republic of China) also to eliminate those who are regarded as munity for local population control officials Mr. WARNER. Mr. President, I send defective in accordance with the official eu- who engage in coercion. Officials acknowl- an amendment to the desk and ask for genic policy known as the ‘‘Natal and Health edge that there have been instances of forced Care Law’’. its immediate consideration. abortions and sterilization, and no evidence SEC. . DENIAL OF ENTRY INTO THE UNITED has been made available to suggest that the The PRESIDING OFFICER. The STATES OF PERSONS IN THE PEO- perpetrators have been punished. clerk will report. PLE’S REPUBLIC OF CHINA EN- (B) People’s Republic of China population The assistant legislative clerk read GAGED IN ENFORCEMENT OF control officials, in cooperation with em- as follows: FORCED ABORTION POLICY. The Secretary of State may not issue any ployers and works unit officials, routinely The Senator from Virginia [Mr. WARNER] visa to, and the Attorney General may not monitor women’s menstrual cycles and sub- proposes an amendment numbered 2736 to admit to the United States, any national of ject women who conceive without govern- the motion to recommit with Amendment the People’s Republic of China, including ment authorization to extreme psychological No. 2735. pressure, to harsh economic sanctions, in- any official of the Communist Party or the cluding unpayable fines and loss of employ- Mr. WARNER. Mr. President, I ask Government of the People’s Republic of ment, and often to physical force. unanimous consent that reading of the China and its regional, local, and village au- (C) Official sanctions for giving birth to amendment be dispensed with. thorities (except the head of state, the head unauthorized children include fines in The PRESIDING OFFICER. Without of government, and cabinet level ministers) amounts several times larger than the per objection, it is so ordered. who the Secretary finds, based on credible capita annual incomes of residents of the The amendment is as follows: information, has been involved in the estab- lishment or enforcement of population con- People’s Republic of China. In Fujian, for ex- In the amendment, strike all after trol policies resulting in a woman being ample, the average fine is estimated to be ‘‘FORCED’’ and insert the following: twice a family’s gross annual income. Fami- forced to undergo an abortion against her ABORTIONS IN CHINA lies which cannot pay the fine may be sub- free choice, or resulting in a man or woman ject to confiscation and destruction of their SEC. . SHORT TITLE. being forced to undergo sterilization against homes and personal property. This title may be cited as the ‘‘Forced his or her free choice. (D) Especially harsh punishments have Abortion Condemnation Act’’. SEC. . WAIVER. been inflicted on those whose resistance is SEC. . FINDINGS. The President may waive the requirement motivated by religion. For example, accord- Congress makes the following findings: contained in section llll with respect to

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6666 CONGRESSIONAL RECORD — SENATE June 19, 1998 a national of the People’s Republic of China There is a sufficient second. Mr. President, the amendments if the President— The yeas and nays were ordered. which have just been filed, of course, (1) determines that it is in the national in- Mr. WARNER. I understand the rul- are offered by the distinguished Sen- terest of the United States to do so; and (2) provides written notification to Con- ing of the Chair is that the yeas and ator from Arkansas. I will be in con- gress containing a justification for the waiv- nays are on all of the amendments. sultation with the majority leader. But er. The PRESIDING OFFICER. The yeas at the present time, it is the intention (3) This Section shall become effective 1 and nays are ordered. of the Senator from Virginia, in his ca- day after enactment. The Parliamentarian advises me that pacity as comanager of the chairman, Mr. WARNER. Mr. President, I ask the yeas and nays have been ordered on Mr. THURMOND, to have a taking of for the yeas and nays. the motion and on the first-degree those amendments. I just wish to in- The PRESIDING OFFICER. Is there a amendment to the motion. form all Senators of that intention, be- sufficient second? AMENDMENT NO. 2737 TO AMENDMENT NO. 2736 cause this is an effort to keep this bill There is not a sufficient second. (Purpose: Condemning human rights abuses once again moving so that we can con- The Chair is advised by the Parlia- in the People’s Republic of China) tinue to have action by the Senate on mentarian that 11 are needed to get the The PRESIDING OFFICER. The this bill. yeas and nays. clerk will report the second-degree Does my distinguished colleague at Mr. WARNER. Mr. President, while amendment. this point wish to address the clear- the Chair is seeking to consult with The assistant legislative clerk read ances of the amendments that are the Parliamentarian, I want to say as follows: pending? that this is an effort to keep this very The Senator from Virginia (Mr. WARNER) Mr. LEVIN. Mr. President, I wonder important bill moving. I feel very proposes an amendment numbered 2737 to if the Senator from Virginia will yield. strongly that this is a limited oppor- amendment No. 2736. Mr. WARNER. I just yield for a ques- tunity for the Senate to consider the The PRESIDING OFFICER. Without tion. annual authorization bill. The major- objection, further reading of the Mr. LEVIN. I wonder whether or not ity leader, in consultation with the amendment will be dispensed with. it is inconvenient to anyone if we put Democrat leader, has decided that we (The text of the amendment is print- in a brief quorum call for 5 minutes to have the balance of this day. We hope ed in today’s RECORD under ‘‘Amend- allow me to do something that I need to have votes at 5 o’clock on Monday. ments Submitted.’’) to attend to, if that would not incon- I will address that later. We will have CLOTURE MOTION venience any other Senator. Tuesday and such part of Wednesday as Mr. WARNER. Mr. President, I send a Mr. WARNER. Perhaps there are the leadership will give us to complete cloture motion, at the instruction of some who wish to address the Senate in this very important piece of legisla- the distinguished majority leader, to the intervening period. I see no Senator seeking recognition. tion. the desk. Given this extremely narrow window The PRESIDING OFFICER. The clo- Mr. President, I suggest the absence of of opportunity, I hope that we can pro- ture motion having been presented a quorum. The PRESIDING OFFICER. The ceed today to have a parliamentary sit- under rule XXII, the Chair directs the clerk will call the roll. uation, which is in place and which will clerk to read the motion. The assistant legislative clerk pro- enable the distinguished majority lead- The assistant legislative clerk read ceeded to call the roll. er and the Democrat leader, on Mon- as follows: day, to address the Senate and keep Mr. WARNER. Mr. President, I ask CLOTURE MOTION this bill active. unanimous consent that the order for It is so important because I had the We, the undersigned Senators, in accord- the quorum call be rescinded. ance with the provisions of rule XXII of the The PRESIDING OFFICER. Without opportunity last night to visit with the Standing Rules of the Senate, hereby move Secretary of State, as I had earlier in to bring to a close the debate upon S. 2057 objection, it is so ordered. the day the opportunity to have break- (Calendar No. 362), a bill to authorize appro- Mr. WARNER. Mr. President, earlier fast with the Secretary of Defense. priations for fiscal year 1999 for military ac- today I had the distinct honor of at- And our country is working with our tivities of the Department of Defense, for tending a 75th anniversary ceremony principal allies in regard to the very military construction, and for defense activi- held at the Naval Research Laboratory serious issues and fractious situations ties of the Department of Energy, to pre- here in the Anacostia area of our Na- surrounding Kosovo and the need for scribe personnel strengths for such fiscal tion’s capital. For 75 years, the U.S. year for the Armed Forces, and for other Navy has conducted research on all as- clarification of our position as it re- purposes. lates to Bosnia. Strom Thurmond, John Warner, Dan pects of radio, radar, sonar, space, and Mr. President, It is very interesting. Coats, James Inhofe, Dirk Kempthorne, the like. It is a facility that is without I remember the extensive debates here Pat Roberts, Bob Smith, Rick comparison anywhere in the world in on the issue of Bosnia. This Senator Santorum, John McCain, Olympia terms of its excellence. time and time again was opposed to Snowe, Larry Craig, Jesse Helms, I ask unanimous consent that an ar- sending in the ground forces. But, nev- Charles Robb, Trent Lott, Don Nickles, ticle in today’s Washington Post be ertheless, that decision was made. It and Ted Stevens. printed in the RECORD following my re- was always the thought that you have Mr. WARNER. Mr. President, for the marks. to contain the Bosnia-Herzegovina geo- information of all Senators, this clo- The PRESIDING OFFICER. Without graphic area to preclude a spillover ture vote will occur on Tuesday, June objection, it is so ordered. into the Kosovo region, a region which 23, at a time to be determined by the (See exhibit 1) I visited at one point with the distin- majority leader after notification of Mr. WARNER. In today’s Washington guished former majority leader, Sen- the Democratic leader. I do now, how- Post, on page 23, is a brief description ator Dole. ever, ask that the mandatory quorum of the historic work that has been per- Mr. President, I understand that I under rule XXII be waived. formed by this laboratory. can at this time ask for the yeas and The PRESIDING OFFICER. Is there I say with a great sense of humility I nays on the first-degree amendment. objection? was asked to speak because of the fact The PRESIDING OFFICER. Is there a Without objection, it is so ordered. that I am a graduate of a school that sufficient second? Mr. WARNER. For the information of was conducted at this laboratory dur- There is a sufficient second. all Senators, a cloture motion was just ing World War II. Young men, and to The yeas and nays were ordered. filed on the DOD authorization bill in my recollection, a few young women, Mr. WARNER. Are the yeas and nays an effort to keep the bill free from ex- were trained as radio/radar techni- ordered on the second-degree amend- traneous matters. Under rule XXII, all cians. It was a 15-month course. Barely ment, Mr. President? Senators must file first-degree amend- a third of those who started this course The PRESIDING OFFICER. Is there a ments by 1 p.m. on Monday, and the ever completed it because it was 6 days sufficient second for the yeas and nays second-degree amendments up to 1 and 6 nights, and those were not un- on the second-degree? hour prior to the cloture vote. usual hours during wartime, and then

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 19, 1998 CONGRESSIONAL RECORD — SENATE S6667 for the period after the cessation of the ligence officials on Wednesday disclosed the fused to attend the commissioning ceremony war in Europe and the Pacific, the mo- existence of a previously classified spy sat- and predicted the lab would develop into a mentum kept up, but they turned out ellite system. home for incompetent naval officers who remarkably trained young people, and I The system, known as Galactic Radiation would take the work out of the hands of sci- and Background (GRAB), was launched in entists. But within a few years, impressed by was privileged to be one of them. June 1960 and became the nation’s first re- the lab’s early successes, Edison admitted I remember on the day of gradua- connaissance satellite system, gathering in- that his fears were without foundation. tion—and these are the basic remarks formation on Soviet air defense radars only One of those early successes—the discovery that I deliver today—an admiral stood weeks after Francis Gary Power’s U–2 was of radar—happened more or less by accident up and addressed us, and he said, ‘‘You shot down over the Soviet Union. in the early 1920s. NRL researchers who were understand how to maintain,’’ which For the NRL, which this week is cele- experimenting with radio sent signals across means fix, ‘‘every piece of equipment brating its 75th anniversary, the public dis- the Potomac to a receiver on Hains Point. in the United States Navy through closure of GRAB was a relatively rare mo- ‘‘As ship traffic would pass through, they no- ment in the sun. ticed the phenomenon that was radar,’’ said which an electron flows.’’ Spread over 100 buildings on a 130 acre site Thousands of young persons went Capt. Bruce Buckley, commanding officer of along the Potomac, NRL has been respon- the NRL. Though the Navy was slow to act through that program, then reported to sible for a host of critical scientific develop- on the discovery, the NRL was to play a key the fleet, whether it was a ship or sub- ments, from the discovery of radar in the role in developing radar for military use. marine or an airplane, and they were 1920s to directing the first American satellite In the early years, because NRL was off the immediately able to go in and examine program—the Vanguard project—in the beaten track, some hardy employees living the most complicated pieces of equip- 1950s, to a pivotal role more recently in de- in Virginia rowed to work across the Poto- ment and repair them. And that was veloping the Global Positioning System. mac. Well into the 1950s, many employees before the black box era, where today, GRAB, which was proposed, developed, commuted to work on launches that ferried built and operated by NRL, was ‘‘a milestone if there is a malfunction of a piece of workers from Alexandria and the Wash- in the history of the laboratory in the his- ington Navy Yard. electronic equipment, by and large, the tory of U.S. intelligence,’’ said Keith Hall, Space exploration became a major part of technician goes in and pulls the box, director of the National Reconnaissance Of- the lab’s operations in the 1940s, when NRL takes a spare box out and pushes it fice, in announcing the declassification. scientists conducted cosmic ray and other right in, and the equipment starts up. Addressing the family members of NRL experiments by launching captured German No, in those days we had to take the employees in the audience, Rear Adm. Low- V–2 rockets. Many of the most important V– time to take off the covering, go in ell Jacoby, the director of naval intelligence, 2 experiments were the brainchild of a NRL with electronic devices to try to find said, ‘‘For many of you, this is the first op- scientist named Herbert Friedman, a man the faulty vacuum tube. We did not portunity to hear what your husband or your now considered a space pioneer. father or your grandfather or whoever were ‘‘It was a wonderful opportunity,’’ Fried- have solid circuitry in those days to doing every day when they came to work at man, 82, but still active at NRL, recalled re- any extent. It was vacuum tubes, great NRL.’’ cently. ‘‘It opened up an entirely new vision big capacitors. But that was the equip- The lab, though little known today to of how the sun interacts with the ment that gave the eyes and ears to many Washingtonians, including the thou- ionosphere.’’ the U.S. Navy, and we shared it with sands of commuters who drive past it every The lab’s most recognizable physical fea- our allies. day on Interstate 295 just above the Blue ture, a 50-foot radio telescope atop the head- I always believed that this labora- Plains water treatment plant, is inextricably quarters building, was installed in the early tory contributed in a very significant linked to some of the 20th century’s major 1950s. Though no longer operating, the tele- scientific breakthroughs. scope was used in determining the surface way to the ultimate victory of the U.S. Those accomplishments are being cele- temperatures of Venus, Mars and Jupiter. forces, together with our allies. Radar, brated this week in a ceremony and a five- Vanguard I, developed by NRL, was which was a distinct advantage that day symposium. launched into orbit in 1958 and is still there; the United States and Britain had, was ‘‘There’s a real long history of firsts that in March, the satellite marked its 40th year basically developed simultaneously in came out of this lab,’’ said Ed Senasack, in space, by far the record for any man-made Great Britain and at this laboratory. head of the lab’s spacecraft engineering de- satellite. That gave us an enormous, what we partment. Civilian scientists at NRL praise the The lab has provided many things, not the Navy’s stewardship of the lab, which oper- called a force multiplier, over the axis least of them ‘‘time to think,’’ said Jerome ates with about $800 million in annual fund- forces, because we had the eyes and Karle, who has worked at the lab since 1946. ing and has around 3,400 employees. ‘‘The ears to project out distances which are Karle, with his partner and wife, Isabella Navy has kept NRL alive, despite having lots small by today’s measure but in those Karle, used his time to develop a theory for of freaks here, and guys in sandals, and days very significant, and to detect the determining molecular structure, for which geeks, and you don’t know what they’ll come presence of ships and aircraft to give he was awarded the Nobel Prize for chem- up with next,’’ said Borsuk. the American and allied forces early istry in 1985. Throughout much of NRL’s history, the military leadership has been ‘‘very quick to warning. I don’t know how many lives That research, like much of the work at NRL, has had implications far beyond mili- support anybody with ideas,’’ said Friedman. were saved. tary technology. ‘‘The ability to get these But there is concern at the lab about a This laboratory really was the vision fundamental structures has revolutionized growing sentiment in Congress, in the after- of Thomas Alva Edison, who we all rec- the pharmaceutical industry, because it pro- math of the Cold War, against funding re- ognize as one of the great pioneer sci- vides fundamental information about drugs search unless it is guaranteed to have con- entists in American history. He had an and their activities and processes,’’ Karle, 80, crete results. active role in this institution in 1923. said in an interview at the lab where he and ‘‘In the past, there weren’t [funding prob- Then for a while he phased out, and his 76-year-old wife still lead groundbreaking lems], but there are pressures outside the research. military that have made life much more dif- then he came back. ficult,’’ said Nobel laureate Karle. ‘‘It is I commend the tens of thousands of ‘‘NRL is a research lab. It’s where the ideas come from,’’ says Gerald Borsuk, a scientist post-Cold War, but it’s accelerating now.’’ people who through the 75 years of his- who has worked at the lab for three decades. Mr. THURMOND. I ask unanimous tory, both civilian and uniform, Navy ‘‘NRL has kept research going here when in- consent that the pending amendments and Marine, and, indeed, officers and dustry has shut theirs down. Nobody wants be set aside solely for the purpose of enlisted of other services who have to spend money on research, because it won’t adopting a series of amendments which trained there and their contribution to pay off for 10 years.’’ have been agreed to by both sides. I world freedom. The lab began with an offhand remark Mr. President, I thank the Chair. I made by Thomas Edison to a newspaper re- further ask unanimous consent that yield the floor. porter. What the country needed, the great upon the disposition of this series of American inventor told an interviewer in cleared amendments, the amendments EXHIBIT 1 1915, was an idea factory. set aside once again become the pend- NAVY LAB UNCLOAKS A SECRET, CELEBRATES It took eight years and even some lobbying ing amendments. ITS BREAKTHROUGHS help from Edison to get congressional fund- The PRESIDING OFFICER. Is there (By Steve Vogel) ing, but in 1923, the lab opened on the site of objection? an annex to the Navy’s Bellevue Arsenal, a The veil was pulled away from a Cold War Mr. LEVIN. Mr. President, of course secret this week at the Naval Research Lab- location that won out over competing pro- oratory in Southwest Washington. posals from Annapolis and West Orange, N.J. I will not object. I understand that the Speaking to an audience of scientists, lab Peeved that the site near his own lab in second unanimous consent agreement employees and reporters, top U.S. intel- New Jersey had not been selected, Edison re- would read that upon the disposition of

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6668 CONGRESSIONAL RECORD — SENATE June 19, 1998 this series of cleared amendments, the (vi) AMMUNITION.—For ammunition under military construction, Navy, under title amendments set aside once again be- section 102(c), by $1,000,000. XXII by section 2204(a) are reduced by come the pending business. Is that the (C) AIR FORCE.—For the Air Force: $5,000,000, of which— Chair’s understanding? (i) AIRCRAFT.—For aircraft under section (A) $1,000,000 shall be a reduction of con- The PRESIDING OFFICER. That is 103(1), by $23,000,000. struction and acquisition of military family (ii) MISSILES.—For missiles under section housing under section 2204(a)(5)(A); and the Chair’s understanding. 103(2), by $7,000,000. (B) $3,000,000 shall be a reduction of sup- Mr. LEVIN. I thank the Chair. (iii) AMMUNITION.—For ammunition under port of military family housing under sec- The PRESIDING OFFICER. Without section 103(3), by $1,000,000. tion 2204(a)(5)(B). objection, it is so ordered. (iv) OTHER PROCUREMENT.—For other pro- (6) MILITARY CONSTRUCTION, AIR FORCE.— AMENDMENT NO. 2738 curement under section 103(4), by $17,500,000. Amounts authorized to be appropriated for (Purpose: To reduce amounts authorized to (D) DEFENSE-WIDE ACTIVITIES.—For the De- military construction, Air Force, under title be appropriated under titles I, II, and III partment of Defense for Defense-wide activi- XXIII by section 2304(a) are reduced by and division B in order to reflect savings ties under section 104, by $5,800,000. $4,000,000, of which— resulting from revised economic assump- (E) CHEMICAL DEMILITARIZATION PROGRAM.— (A) $1,000,000 shall be a reduction of con- tions, and to increase funding for operation For the destruction of lethal chemical struction and acquisition of military family and maintenance for the Army National agents and munitions and of chemical war- housing under section 2304(a)(5)(A); and Guard and funding for verification and con- fare material under section 107, by $3,000,000. (B) $2,000,000 shall be a reduction of sup- trol technology of the Department of En- (2) RDT&E.—Amounts authorized to be ap- port of military family housing under sec- ergy) propriated for research, development, test, tion 2304(a)(5)(B). Mr. THURMOND. Mr. President, I and evaluation under title II are reduced as (7) MILITARY CONSTRUCTION, DEFENSE AGEN- follows: offer an amendment which would re- CIES.—Amounts authorized to be appro- (A) ARMY.—For the Army under section duce the amounts authorized to be ap- priated for military construction, Defense 201(1), by $10,000,000. Agencies, under title XXIV by section 2404(a) propriated in the Department of De- (B) NAVY.—For the Navy under section are reduced by $6,300,000, of which $5,000,000 fense for inflation savings. The amend- 201(2), by $20,000,000. shall be a reduction of defense base closure ment also increases readiness funding (C) AIR FORCE.—For the Air Force under and realignment under section 2404(a)(10), of for the Army National Guard by $120 section 201(3), by $39,000,000. which— million and $20 million for arms con- (D) DEFENSE-WIDE ACTIVITIES.—For De- (A) $1,000,000 shall be a reduction of defense trol in the Department of Energy. fense-wide activities under section 201(4), by base closure and realignment, Army; The PRESIDING OFFICER. The $26,700,000. (B) $2,000,000 shall be a reduction of defense (3) OPERATION AND MAINTENANCE.—Amounts base closure and realignment, Navy; and clerk will report the amendment. authorized to be appropriated for operation The assistant legislative clerk read (C) $2,000,000 shall be a reduction of defense and maintenance under title III are reduced base closure and realignment, Air Force. as follows: as follows: (8) NORTH ATLANTIC TREATY ORGANIZATION The Senator from South Carolina [Mr. (A) ARMY.—For the Army under section SECURITY INVESTMENT PROGRAM.—Amounts THURMOND] proposes an amendment num- 301(a)(1), by $24,000,000. authorized to be appropriated for contribu- bered 2738. (B) NAVY.—For the Navy under section tions to the North Atlantic Treaty Organiza- 301(a)(2), by $32,000,000. The amendment is as follows: tion Security Investment program under (C) MARINE CORPS.—For the Marine Corps At the end of subtitle A of title X, add the title XXV by section 2502 are reduced by under section 301(a)(3), by $4,000,000. following: $1,000,000. (D) AIR FORCE.—For the Air Force under SEC. 1005. REDUCTIONS IN FISCAL YEAR 1998 AU- (c) PROPORTIONATE REDUCTIONS WITHIN AC- section 301(a)(4), by $31,000,000. THORIZATIONS OF APPROPRIA- COUNTS.—The amount provided for each (E) DEFENSE-WIDE ACTIVITIES.—For De- TIONS FOR DIVISION A AND DIVI- budget activity, budget activity group, budg- fense-wide activities under section 301(a)(6), SION B AND INCREASES IN CERTAIN et subactivity group, program, project, or ac- by $17,600,000. AUTHORIZATIONS OF APPROPRIA- tivity under an authorization of appropria- TIONS. (F) ARMY RESERVE.—For the Army Reserve tions reduced by subsection (b) is hereby re- (a) TOTAL REDUCTION.—Notwithstanding under section 301(a)(7), by $2,000,000. duced by the percentage computed by divid- any other provision in this division, amounts (G) NAVAL RESERVE.—For the Naval Re- authorized to be appropriated under other serve under section 301(a)(8), by $2,000,000. ing the total amount of that authorization of appropriations (before the reduction) into provisions of this division are reduced in ac- (H) AIR FORCE RESERVE.—For the Air Force cordance with subsection (b) by the total Reserve under section 301(a)(10), by $2,000,000. the amount by which that total amount is so reduced. amount of $421,900,000 in order to reflect sav- (I) ARMY NATIONAL GUARD.—For the Army ings resulting from revised economic as- National Guard under section 301(a)(11), by (d) INCREASE IN CERTAIN AUTHORIZATIONS sumptions. $4,000,000. OF APPROPRIATIONS.— (1) OPERATION AND MAINTENANCE, ARMY NA- (b) DISTRIBUTION OF REDUCTION.— (J) AIR NATIONAL GUARD.—For the Air Na- (1) PROCUREMENT.—Amounts authorized to tional Guard under section 301(a)(12), by TIONAL GUARD.—The amount authorized to be be appropriated for procurement under title $4,000,000. appropriated by section 301(a)(11), as reduced I are reduced as follows: (K) ENVIRONMENTAL RESTORATION, ARMY.— by subsection (b)(3)(I), is increased by (A) ARMY.—For the Army: For Environmental Restoration, Army under $120,000,000. (i) AIRCRAFT.—For aircraft under section section 301(a)(15), by $1,000,000. (2) OTHER DEFENSE PROGRAMS, DEPARTMENT 101(1), by $4,000,000. (L) ENVIRONMENTAL RESTORATION, NAVY.— OF ENERGY.—The amount authorized to be (ii) MISSILES.—For missiles under section For Environmental Restoration, Navy under appropriated by section 3103 is increased by 101(2), by $4,000,000. section 301(a)(16), by $1,000,000. $20,000,000, which amount shall be available (iii) WEAPONS AND TRACKED COMBAT VEHI- (M) ENVIRONMENTAL RESTORATION, AIR for intelligence for verification and control CLES.—For weapons and tracked combat ve- FORCE.—For Environmental Restoration, Air technology under paragraph (1)(C) of that hicles under section 101(3), by $4,000,000. Force under section 301(a)(17), by $1,000,000. section. (iv) AMMUNITION.—For ammunition under (N) ENVIRONMENTAL RESTORATION, DEFENSE- Mr. THURMOND. Mr. President, I be- section 101(4), by $3,000,000. WIDE.—For Environmental Restoration, De- lieve this amendment has been cleared (v) OTHER PROCUREMENT.—For other pro- fense-wide under section 301(a)(18), by by the other side. curement under section 101(5), by $9,000,000. $1,000,000. Mr. LEVIN. The amendment has been (B) NAVY AND MARINE CORPS.—For the (O) DRUG INTERDICTION AND COUNTER-DRUG cleared, Mr. President. We support the Navy, Marine Corps, or both the Navy and ACTIVITIES, DEFENSE-WIDE.—For Drug Inter- Marine Corps: diction and Counter-drug Activities, De- amendment. (i) AIRCRAFT.—For aircraft under section fense-wide under section 301(a)(21), by Mr. THURMOND. Mr. President, I 102(a)(1), by $22,000,000. $2,000,000. urge the Senate adopt the amendment. (ii) WEAPONS.—For weapons, including mis- (P) MEDICAL PROGRAMS, DEFENSE.—For The PRESIDING OFFICER. Is there siles and torpedoes, under section 102(a)(2), Medical Programs, Defense under section objection? Without objection, the by $4,000,000. 301(a)(23), by $36,000,000. amendment is agreed to. (iii) SHIPBUILDING AND CONVERSION.—For (4) MILITARY CONSTRUCTION, ARMY.— The amendment (No. 2738) was agreed shipbuilding and conversion under section Amounts authorized to be appropriated for to. 102(a)(3), by $18,000,000. military construction, Army, under title Mr. LEVIN. Mr. President, I move to (iv) OTHER PROCUREMENT.—For other pro- XXI by section 2104(a) are reduced by curement under section 102(a)(4), by $5,000,000, of which $3,000,000 shall be a reduc- reconsider the vote. $12,000,000. tion of support of military family housing Mr. THURMOND. I move to lay that (v) MARINE CORPS PROCUREMENT.—For pro- under section 2104(a)(5)(B). motion on the table. curement for the Marine Corps under section (5) MILITARY CONSTRUCTION, NAVY.— The motion to lay on the table was 102(b), by $2,000,000. Amounts authorized to be appropriated for agreed to.

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 19, 1998 CONGRESSIONAL RECORD — SENATE S6669 AMENDMENT NO. 2739 are also in demand in the private sec- (B) The auxiliary repair dry dock Water- (Purpose: To provide increases in the month- tor. Commercial airlines are willing to ford (ARD 5). ly rates of hazardous duty pay for aerial pay for well-trained and experienced (4) GREECE.—The Secretary of the Navy is flight crewmembers in grades E–4 through flight crews. One look at the missions authorized to transfer vessels to the Govern- E–9 that are comparable to the increases ment of Greece as follows: being flown by U.S. armed forces, from (A) On a sale basis, the following vessels: that took effect in the rates of such pay for Bosnia to the Persian Gulf to the Ko- other grades in fiscal year 1998) (i) The Oak Ridge class medium dry dock rean Peninsula, shows how indispen- Mr. LEVIN. Mr. President, on behalf Alamogordo (ARDM 2). sable experienced air crews are to the (ii) The Knox class frigates Vreeland (FF of Senator BIDEN, I offer an amend- defense of U.S. national interests. We 1068) and Trippe (FF 1075). ment that would increase hazardous cannot afford to keep losing these sea- (B) On a combined lease-sale basis, the duty incentive pay for certain enlisted soned professionals. Kidd class guided missile destroyers Kidd personnel. My amendment is one step toward (DDG 993), Callaghan (DDG 994), Scott (DDG The PRESIDING OFFICER. The 995) and Chandler (DDG 996). addressing the problem now—letting clerk will report the amendment. (C) On a grant basis, the following vessels: these experienced aircrew personnel The assistant legislative clerk read (i) The Knox class frigate Hepburn (FF know that as our armed forces con- as follows: 1055). tinue to work at a high operations (ii) The Adams class guided missile de- The Senator from Michigan [Mr. LEVIN], tempo we value their unique and indis- stroyers Strauss (DDG 16), Semmes (DDG 18), for Mr. BIDEN, proposes an amendment num- and Waddell (DDG 24). bered 2739. pensable contribution to America’s na- tional interests. (5) MEXICO.—The Secretary of the Navy is Mr. LEVIN. Mr. President, I ask I yield the floor. authorized to transfer to the Government of unanimous consent that reading of the Mr. LEVIN. I believe this amendment Mexico on a sale basis the auxiliary repair amendment be dispensed with. has been cleared by the other side. dry dock San Onofre (ARD 30) and the Knox The PRESIDING OFFICER. Without Mr. THURMOND. Mr. President, the class frigate Pharris (FF 1094). (6) PHILIPPINES.—The Secretary of the objection, it is so ordered. amendment has been cleared. The amendment is as follows: Navy is authorized to transfer to the Govern- The PRESIDING OFFICER. Is there ment of the Philippines on a sale basis the At the end of subtitle B of title VI, add the further debate on the amendment? Stalwart class ocean surveillance ship Tri- following: If there is no objection to the amend- umph (T-AGOS 4). SEC. 620. INCREASED HAZARDOUS DUTY PAY FOR ment, without objection, the amend- (7) PORTUGAL.—The Secretary of the Navy AERIAL FLIGHT CREWMEMBERS IN ment is agreed to. is authorized to transfer to the Government PAY GRADES E–4 TO E–9. The amendment (No. 2739) was agreed of Portugal on a grant basis the Stalwart (a) RATES.—The table in section 301(b) of to. class ocean surveillance ship Assurance (T- title 37, United States Code, is amended by AGOS 5). striking out the items relating to pay grades Mr. LEVIN. Mr. President, I move to (8) SPAIN.—The Secretary of the Navy is E–4, E–5, E–6, E–7, E–8, and E–9, and inserting reconsider the vote. Mr. THURMOND. I move to lay that authorized to transfer to the Government of in lieu thereof the following: Spain on a sale basis the Newport class tank ‘‘E–9 ...... 240 motion on the table. landing ships Harlan County (LST 1196) and E–8 ...... 240 The motion to lay on the table was Barnstable County (LST 1197). E–7 ...... 240 agreed to. (9) TAIWAN.—The Secretary of the Navy is E–6 ...... 215 AMENDMENT NO. 2449 authorized to transfer vessels to the Taipei E–5 ...... 190 (Purpose: To authorize the transfer of naval Economic and Cultural Representative Office E–4 ...... 165’’. vessels to certain foreign countries) in the United States (which is the Taiwan in- (b) EFFECTIVE DATE.—This section and the Mr. THURMOND. Mr. President, I strumentality designated pursuant to sec- amendment made by this section shall take call up amendment 2449 which would tion 10(a) of the Taiwan Relations Act) on a effect on October 1, 1998, and shall apply with sale basis as follows: respect to months beginning on or after that replace section 1013 of the bill regard- (A) The Knox class frigates Peary (FF date. ing ship transfers to foreign countries. 1073), Joseph Hewes (FF 1078), Cook (FF Mr. BIDEN. Mr. President, I rise to This amendment provides country and 1083), Brewton (FF 1086), Kirk (FF 1087) and speak about an indispensable group of ship names for ships available for Barbey (FF 1088). people in our military. Mid- and senior transfer to foreign countries. (B) The Newport class tank landing ships Manitowoc (LST 1180) and Sumter (LST level enlisted air crew men and women The PRESIDING OFFICER. The clerk will report the amendment. 1181). are critical to America’s military and (C) The floating dry dock Competent need to be properly compensated for The assistant legislative clerk read as follows: (AFDM 6). their valuable service. Last year’s De- (D) The Anchorage class dock landing ship fense Authorization bill included a pro- The Senator from South Carolina [Mr. Pensacola (LSD 38). THURMOND] PROPOSES AN AMENDMENT NUM- vision to adjust hazardous duty incen- (10) TURKEY.—The Secretary of the Navy is BERED 2449. tive pay upward by $50 for E–1 to E–3 authorized to transfer vessels to the Govern- The PRESIDING OFFICER. Without enlisted air crew personnel and upward ment of Turkey as follows: objection, further reading of the (A) On a sale basis, the following vessels: by $25 for E–4 air crew personnel. All amendment is dispensed with. (i) The Oliver Hazard Perry class guided other enlisted personnel and officers el- The amendment is as follows: missile frigates Mahlon S. Tisdale (FFG 27), igible for hazardous duty incentive pay Strike section 1013 of the bill and insert Reid (FFG 30) and Duncan (FFG 10). also received an upward adjustment. the following: (ii) The Knox class frigates Reasoner (FF Unfortunately, E–5 to E–9 air crew per- 1063), Fanning (FF 1076), Bowen (FF 1079), SEC. 1013. TRANSFERS OF CERTAIN NAVAL VES- sonnel were not included in this adjust- SELS TO CERTAIN FOREIGN COUN- McCandless (FF 1084), Donald Beary (FF ment. TRIES. 1085), Ainsworth (FF 1090), Thomas C. Hart My amendment provides that $40 in- (a) AUTHORITY.— (FF 1092), and Capodanno (FF 1093). (1) ARGENTINA.—The Secretary of the Navy (B) On a grant basis, the Knox class frig- crease in hazardous duty incentive pay ates Paul (FF 1080), Miller (FF 1091), W.S. for the E–5 to E–9 air crew personnel is authorized to transfer to the Government of Argentina on a grant basis the tank land- Simms (FF 1059). and adds $15 to the increase given to E– ing ship Newport (LST 1179). (11) VENEZUELA.—The Secretary of the 4 air crew personnel as of this year. (2) BRAZIL.—The Secretary of the Navy is Navy is authorized to transfer to the Govern- I thank the managers of this bill, authorized to transfer vessels to the Govern- ment of Venezuela on a sale basis the Senator THURMOND and Senator LEVIN, ment of Brazil as follows: unnamed medium auxiliary floating dry for their support of this important (A) On a sale basis, the Newport class tank dock AFDM 2. amendment and for their unflagging ef- landing ships Cayuga (LST 1186) and Peoria (b) BASES OF TRANSFER.— forts every year to help the dedicated (LST 1183). (1) GRANT.—A transfer of a naval vessel au- men and women in our armed services. (B) On a combined lease-sale basis, the thorized to be made on a grant basis under It is crucial that we show our appre- Cimarron class oiler Merrimack (AO 179). subsection (a) shall be made under section (3) CHILE.—The Secretary of the Navy is 516 of the Foreign Assistance Act of 1961 (22 ciation for America’s dedicated mid- authorized to transfer vessels to the Govern- U.S.C. 2321j). and senior level enlisted personnel. ment of Chile on a sale basis as follows: (2) SALE.—A transfer of a naval vessel au- They provide vital experience in all of (A) The Newport class tank landing ship thorized to be made on a sale basis under the military’s flying missions. They San Bernardino (LST 1189). subsection (a) shall be made under section 21

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6670 CONGRESSIONAL RECORD — SENATE June 19, 1998 of the Arms Export Control Act (22 U.S.C. joins the naval forces of that country, per- tivities plan approved by the Secretary of 2761). formed at a shipyard located in the United Defense under this section, to provide serv- (3) COMBINED LEASE-SALE.—(A) A transfer States, including a United States Navy ship- ices or other assistance (other than air of a naval vessel authorized to be made on a yard. transportation) to an organization eligible to combined lease-sale basis under subsection (h) EXPIRATION OF AUTHORITY.—The au- receive services under section 508 of this (a) shall be made under sections 61 and 21 of thority to transfer a vessel under subsection title if— the Arms Export Control Act (22 U.S.C. 2796 (a) shall expire at the end of the two-year pe- ‘‘(A) the State drug interdiction and and 2761, respectively) in accordance with riod beginning on the date of the enactment counter-drug activities plan specifically rec- this paragraph. of this Act. ognizes the organization as being eligible to (B) For each naval vessel authorized by The PRESIDING OFFICER. Without receive the services or assistance; subsection (a) for transfer on a lease-sale objection, the amendment is agreed to. ‘‘(B) in the case of services, the provision of the services meets the requirements of basis, the Secretary of the Navy is author- The amendment (No. 2449) was agreed ized to transfer the vessel under the terms of paragraphs (1) and (2) of subsection (a) of sec- a lease, with lease payments suspended for to. tion 508 of this title; and the term of the lease, if the country entering Mr. LEVIN. Mr. President, I move to ‘‘(C) the services or assistance is author- into the lease of the vessel simultaneously reconsider the vote. ized under subsection (b) or (c) of such sec- enters into a foreign military sales agree- Mr. THURMOND. I move to lay that tion or in the State drug interdiction and ment for the transfer of title to the leased motion on the table. counter-drug activities plan.’’. vessel. Delivery of title to the purchasing The motion to lay on the table was (d) DEFINITION OF DRUG INTERDICTION AND country shall not be made until the purchase agreed to. COUNTER-DRUG ACTIVITIES.—Subsection (i)(1) price of the vessel has been paid in full. Upon of such section is amended by inserting after AMENDMENT NO. 2740 delivery of title to the purchasing country, ‘‘drug interdiction and counter-drug law en- the lease shall terminate. (Purpose: To revise and clarify the authority forcement activities’’ the following: ‘‘, in- (C) If the purchasing country fails to make for Federal support of National Guard drug cluding drug demand reduction activities,’’. full payment of the purchase price by the interdiction and counterdrug activities) Mr. FORD. Mr. President, I’m offer- date required under the sales agreement, the Mr. LEVIN. Mr. President, on behalf ing this amendment for myself and my sales agreement shall be immediately termi- of Senators FORD, BOND, LOTT and Co-Chairman of the Senate National nated, the suspension of lease payments GRASSLEY, I offer an amendment which Guard Caucus, Senator BOND, along under the lease shall be vacated, and the would authorize the expansion of with Senators LOTT, STEVENS and United States shall retain all funds received counterdrug activities currently per- GRASSELY. on or before the date of the termination formed by the National Guard. under the sales agreement, up to the amount Last year conferees added language of the lease payments due and payable under The PRESIDING OFFICER. The to the Fiscal Year 1998 Defense Author- the lease and all other costs required by the clerk will report the amendment. ization bill requiring all counter-drug lease to be paid to that date. No interest The assistant legislative clerk read missions conducted by National Guard shall be payable to the recipient by the as follows: units to comply with section 2012 of United States on any amounts that are paid The Senator from Michigan [Mr. LEVIN], Title 10 and section 508 of Title 32. Be- to the United States by the recipient under for Mr. FORD, Mr. BOND, Mr. LOTT, and Mr. fore these changes, National Guard the sales agreement and are not retained by GRASSLEY, proposes an amendment num- men and women supported Federal, the United States under the lease. bered 2740. (c) REQUIREMENT FOR PROVISION IN AD- State and Local law enforcement agen- VANCE IN AN APPROPRIATIONS ACT.—Author- The amendment is as follows: cies in a wide variety of ways from ity to transfer vessels on a sale or combined At the end of subtitle D of title III, insert transcription and translation of DEA lease-sale basis under subsection (a) shall be the following: wiretaps to aerial and ground thermal effective only to the extent that authority to SEC. ll. REVISION AND CLARIFICATION OF AU- imaging of suspected indoor marijuana effectuate such transfers, together with ap- THORITY FOR FEDERAL SUPPORT growing to maintaining listening and OF NATIONAL GUARD DRUG INTER- propriations to cover the associated cost (as Observation posts along the Southwest defined in section 502 of the Congressional DICTION AND COUNTER-DRUG AC- TIVITIES. Border. But because of changes in last Budget and Impoundment Control Act of 1974 (2 U.S.C. 661a)), are provided in advance in an (a) PROCUREMENT OF EQUIPMENT.—Sub- year’s bill, National Guard members appropriations Act. section (a)(3) of section 112 of title 32, United now can only participate in counter (d) NOTIFICATION OF CONGRESS.—Not later States Code, is amended by striking out drug missions if the mission contrib- than 30 days after the date of the enactment ‘‘and leasing of equipment’’ and inserting in utes to their military speciality skills of this Act, the Secretary of the Navy shall lieu thereof ‘‘and equipment, and the leasing or MOS. For example, this means a submit to Congress, for each naval vessel of equipment,’’. (b) TRAINING AND READINESS.—Subsection member of National Guard whose MOS that is to be transferred under this section is a radio specialist could only work in before January 1, 1999, the notifications re- (b)(2) of such section is amended to read as quired under section 516 of the Foreign As- follows: that speciality or if an airman is a me- sistance Act of 1961 (22 U.S.C. 2321j) and sec- ‘‘(2)(A) A member of the National Guard chanic he or she could only repair an tion 525 of the Foreign Operations, Export serving on full-time National Guard duty airplane! Financing, and Related Programs Appropria- under orders authorized under paragraph (1) You won’t find anyone in the Guard tions Act, 1998 (Public Law 105–118; 111 Stat. shall participate in the training required Bureau or the Department of Defense 2413). under section 502(a) of this title in addition who has ever claimed that counter- (e) GRANTS NOT COUNTED IN ANNUAL TOTAL to the duty performed for the purpose au- drug duty has a negative impact on the thorized under that paragraph. The pay, al- OF TRANSFERRED EXCESS DEFENSE ARTI- training and readiness of National CLES.—The value of the naval vessels author- lowances, and other benefits of the member ized by subsection (a) to be transferred on a while participating in the training shall be Guard personnel. In fact, there’s empir- grant basis under section 516 of the Foreign the same as those to which the member is ical evidence that counter-drug duty Assistance Act of 1961 (22 U.S.C. 2321j) shall entitled while performing duty for the pur- enhances the military readiness of Na- not be counted for the purposes of that sec- pose of carrying out drug interdiction and tional Guard personnel. And because tion in the aggregate value of excess defense counter-drug activities. counter-drug duty is in addition to the articles transferred to countries under that ‘‘(B) Appropriations available for the De- required readiness training, it adds no section in any fiscal year. partment of Defense for drug interdiction extra readiness training costs. Our and counter-drug activities may be used for (f) COSTS OF TRANSFERS.—Any expense of amendment will correct this problem, the United States in connection with a paying costs associated with a member’s par- transfer authorized by subsection (a) shall be ticipation in training described in subpara- deleting the provisions added in the charged to the recipient (notwithstanding graph (A). The appropriation shall be reim- Fiscal Year 1998 bill, and allowing the section 516(e)(1) of the Foreign Assistance bursed in full, out of appropriations avail- National Guard to continue this sup- Act of 1961 (22 U.S.C. 2321j(e)(1)) in the case able for paying those costs, for the amounts portive role in federal, state and local of a transfer authorized to be made on a paid. Appropriations available for paying drug demand reduction, as well as grant basis under subsection (a)). those costs shall be available for making the interdiction missions. (g) REPAIR AND REFURBISHMENT IN UNITED reimbursements.’’. The amendment would also clarify STATES SHIPYARDS.—The Secretary of the (c) ASSISTANCE TO YOUTH AND CHARITABLE how National Guard personnel can be Navy shall require, as a condition of the ORGANIZATIONS.—Subsection (b)(3) of such transfer of a vessel under this section, that section is amended to read as follows: used in counter-drug activity when the country to which the vessel is trans- ‘‘(2) A unit or member of the National providing support to certain youth and ferred have such repair or refurbishment of Guard of a State may be used, pursuant to a charitable organizations. Our amend- the vessel as is needed, before the vessel State drug interdiction and counter-drug ac- ment would amend the definition of

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 19, 1998 CONGRESSIONAL RECORD — SENATE S6671 drug interdiction and counter-drug ac- mental to their training and readiness. How- Mr. LEVIN. I move to lay that mo- tivities to specify that such activities ever, the restrictions in section 2012(d) are tion on the table. include drug demand reduction activi- not tailored to address the unique nature of The motion to lay on the table was ties. By providing support to youth and the National Guard drug interdiction and agreed to. counter-drug program. National Guard per- charitable organizations as part of sonnel may derive readiness and prepared- AMENDMENT NO. 2741 state counter-drug activities, demand ness benefits from their participation in ac- (Purpose: To establish additional require- reduction has been part of the National tivities under section 112, but such activities ments relating to the relocation of Federal Guard program since its inception and are in addition to, not in lieu of, required frequencies) has had the approval of the Secretary training. If this provision is enacted, Na- Mr. THURMOND. Mr. President, I of Defense. Language in last year’s De- tional Guard personnel on extended offer an amendment which would en- fense Authorization bill presented Counterdrug orders will not lose any benefits sure that private sector bidders for the major problems in the Guard’s ability while performing their required IDT and An- nual Training requirements. electromagnetic frequency spectrum to interact with these groups. Subsection (b) would also facilitate the ac- are provided all relevant information Our amendment also says that fed- complishment of training, by adding a new regarding the costs that they will incur eral funds provided to a state for provision to enable National Guard members as a result of purchasing that spec- counter-drug activity can be used to on extended tours of duty in the drug inter- trum. procure or lease equipment. Current diction and counter-drug program to partici- The PRESIDING OFFICER. The law authorizes leasing, but precludes pate in required IDT and AT with their units clerk will report the amendment. the procurement of equipment. This without breaking their orders for counter- The assistant legislative clerk read drug duty. During such training periods, cov- forces states to lease equipment even ered individuals would be entitled to the as follows: though it would be more cost effective same pay and benefits which they would oth- The Senator from South Carolina [Mr. to purchase the equipment. Examples erwise receive if continuously performing THURMOND] proposes an amendment num- of equipment that would be more cost duty for the purpose of carrying out drug bered 2741. effective to purchase then lease would interdiction and counter-drug activities. The PRESIDING OFFICER. Without be Night Vision goggles, Infrared I.D. This will ensure that these individuals, while objection, further reading of the equipment and Range Finders. performing AT, do not lose any of the bene- amendment is dispensed with. Mr. President, these are just the fits associated with the longer period of counter-drug duty. This will also clarify that The amendment is as follows: highlights of the major provisions of such individuals, while performing IDT, are On page 264, strike out line 17 and insert in this amendment. I ask unanimous con- entitled to pay associated with full-time Na- lieu thereof the following: sent that a section by section expla- tional Guard duty, but not additional drill striking out the second, third, and fourth nation of this amendment be printed in pay. sentences and inserting in lieu thereof the the RECORD immediately following my Subsection (c) would clarify and revise the following: ‘‘Any such Federal entity which remarks. provision in subsection (b)(3) of section 112 proposes to so relocate shall notify the The PRESIDING OFFICER. Without that makes the restrictions in section 508 of NTIA, which in turn shall notify the Com- title 32 applicable to situations in which mission, before the auction concerned of the objection, it is so ordered. units or members of the National Guard are (See Exhibit 1.) marginal costs anticipated to be associated used, pursuant to a State drug interdiction with such relocation or with modifications Mr. FORD. In closing, I want to tell and counter-drug activities plan, to provide necessary to accommodate prospective li- the members of the Armed Services support to certain youth and charitable or- censees. The Commission in turn shall notify Committee and their staffs how much I ganizations. Under subsections (a)(3) and potential bidders of the estimated relocation appreciate their consideration and (a)(4) of section 508, services cannot be pro- or modification costs based on the geo- willingness to accept this amendment. vided to eligible organizations unless the graphic area covered by the proposed li- I know they’ll do the best they can to provision of such services enhances military censes before the auction.’’; skills and does not result in a significant in- On page 266, strike out line 7 and insert in assure this amendment remains in the crease in the cost of training. Because final bill. lieu thereof the following: counter-drug activities are not incidental to trum. EXHIBIT 1. training, but are in addition to training, ‘‘(E) IMPLEMENTATION PROCEDURES.—The SECTION-BY-SECTION ANALYSIS these restrictions present a problem. The NTIA and the Commission shall develop pro- Subsection (a) would specify that Federal proposed revision would eliminate these re- cedures for the implementation of this para- Funds provided to a State under a State plan strictions, but would continue to make the graph, which procedures shall include a proc- can be used to procure or lease equipment for other provisions in section 508 applicable to ess for resolving any differences that arise the National Guard to use in support of drug situations in which services or assistance are between the Federal Government and com- interdiction and counter-drug activities. A provided to an eligible organization as part mercial licensees regarding estimates of re- strict interpretation of the current statutory of a state counter-drug activities plan. location or modification costs under this Subsection (d) would amend the definition language would authorize the leasing, but paragraph. of drug interdiction and counter-drug activi- preclude the procurement, of equipment nec- ‘‘(F) INAPPLICABILITY TO CERTAIN RELOCA- ties to specify that such activities for pur- essary to carry out the purposes of the stat- TIONS.—With the exception of spectrum lo- poses of section 112 include drug demand re- ute. Such an interpretation would impose cated at 1710–1755 Megahertz, the provisions duction activities. Although drug demand re- unnecessary expenses on the program be- of this paragraph shall not apply to Federal duction has been part of the activities car- cause it would force states to lease equip- spectrum identified for reallocation in the ried out under section 112 since the inception ment in situations where procuring equip- first reallocation report submitted to the of the program, the statute needs to be clari- ment would be more cost effective. This in- President and Congress under subsection fied to specifically include such activities to terpretation would also prevent participa- (a).’’. avoid confusion that results from a strict in- tion in authorized support missions when (d) REPORTS ON COSTS OF RELOCATIONS.— terpretation of the statute. Like any other necessary equipment cannot be leased. The The head of each department or agency of counter-drug activities, proposed drug de- statute needs to be clarified to ensure that the Federal Government shall include in the mand reduction activities must have a law States have flexibility in deciding whether annual budget submission of such depart- enforcement nexus in order to be acceptable to lease or purchase equipment based on con- ment or agency to the Director of the Office under a State plan. siderations of economy and determinations of Management and Budget a report assess- of necessity. Mr. LEVIN. Mr. President, I believe ing the costs to be incurred by such depart- Subsection (b) would eliminate the provi- the other side has cleared this amend- ment or agency as a result of any frequency sion in paragraph (b)(2) of section 112 that ment. relocations of such department or agency provides that units and personnel of the Na- Mr. THURMOND. Mr. President, the that are anticipated under section 113 of the tional Guard can only perform drug interdic- amendment has been cleared. National Telecommunications Information tion and counter-drug activities that comply The PRESIDING OFFICER. Is there Administration Organization Act (47 U.S.C. with the requirements of section 2012(d) of further debate on the amendment? 923) as of the date of such report. title 10, United States Code. Paragraph (b)(2) Without objection, the amendment is Mr. THURMOND. Mr. President, I be- was enacted as part of the Department of De- lieve this amendment has been cleared fense Authorization Act for fiscal year 1998 agreed to. (public law 105–85) to ensure that the use of The amendment (No. 2740) was agreed by the other side. units and personnel of the National Guard to. I urge the amendment be adopted. pursuant to a State drug interdiction and Mr. THURMOND. Mr. President, I The PRESIDING OFFICER. Is there counter-drug activities plan is not detri- move to reconsider the vote. further debate on the amendment?

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6672 CONGRESSIONAL RECORD — SENATE June 19, 1998 Mr. LEVIN. The amendment has been Mr. THURMOND. Mr. President, it On page 307, in the table following line 16, cleared on this side. has been agreed to. strike out ‘‘$469,265,000’’ in the amount col- The PRESIDING OFFICER. Without THE PRESIDING OFFICER. Without umn in the item relating to the total and in- objection, the amendment is agreed to. objection, the amendment is agreed to. serting in lieu thereof ‘‘$465,865,000’’. The amendment (No. 2741) was agreed The amendment (No. 2742) was agreed On page 310, line 17, strike out ‘‘$1,652,734,000’’ and insert in lieu thereof to. to. Mr. LEVIN. Mr. President, I move to ‘‘$1,649,334,000’’. Mr. THURMOND. Mr. President, I On page 310, line 21, strike out move to reconsider the vote. reconsider the vote. Mr. THURMOND. I move to lay that ‘‘$469,265,000’’ and insert in lieu thereof Mr. LEVIN. I move to lay that mo- ‘‘$465,865,000’’. tion on the table. motion on the table. The motion to lay on the table was On page 320, line 25, strike out ‘‘$95,395,000’’ The motion to lay on the table was and insert in lieu thereof ‘‘$108,990,000’’. agreed to. agreed to. On page 321, line 1, strike out ‘‘$107,378,000’’ AMENDMENT NO. 2743 AMENDMENT NO. 2742 and insert in lieu thereof ‘‘$116,109,000’’. (Purpose: To make technical amendments On page 321, line 3, strike out ‘‘$15,271,000’’ (Purpose: To prohibit members of the Armed relating to military construction projects) Forces from entering into correctional fa- and insert in lieu thereof ’’$19,371,000’’. Mr. THURMOND. Mr. President, on cilities to present decorations to persons On page 321, line 8, strike out ‘‘$20,225,000’’ who commit certain crimes before being behalf of myself and Senator LEVIN, I and insert in lieu thereof ‘‘$23,625,000’’. presented such decorations) offer an amendment which makes cer- Mr. THURMOND. I believe this Mr. LEVIN. Mr. President, on behalf tain technical corrections relating to several military construction projects amendment has been cleared by the of Senator FEINSTEIN, I offer an amend- other side. ment that would prohibit members of incorrectly identified in the bill. The Mr. LEVIN. Mr. President, we have the Armed Forces from presenting a technical corrections will have no cleared this amendment. military award to any person in pris- funding implications. ons or correctional facilities. The PRESIDING OFFICER. The Mr. THURMOND. I urge the adoption clerk will report. The PRESIDING OFFICER. The of the amendment. The assistant legislative clerk read clerk will report. THE PRESIDING OFFICER. Without as follows: The assistant legislative clerk read objection, the amendment is agreed to. as follows: The Senator from South Carolina [Mr. The amendment (No. 2743) was agreed THURMOND], for himself and Mr. LEVIN, pro- to. The Senator from Michigan [Mr. LEVIN], poses an amendment numbered 2743. for Mrs. FEINSTEIN, proposes an amendment Mr. THURMOND. Mr. President, I The amendment is as follows: numbered 2742. On page 296, in the table following line 10, move to reconsider the vote. Mr. LEVIN. Mr. President, I ask strike out the item relating to Fort Dix, New Mr. LEVIN. I move to lay that mo- unanimous consent that reading of the Jersey. tion on the table. amendment be dispensed with. On page 296, in the table following line 10, The motion to lay on the table was The PRESIDING OFFICER. Without strike out the item relating to Camp Daw- son, West Virginia. agreed to. objection, it is so ordered. On page 296, in the table following line 10, AMENDMENT NO. 2744 The amendment is as follows: strike out ‘‘$627,007,000’’ in the amount col- (Purpose: To waive time limitations for umn in the item relating to the total and in- At the end of subtitle C of title V, add the award of the Distinguished-Service Cross following: sert in lieu thereof ‘‘$604,681,000’’. and Distinguished-Service Medal to certain On page 298, line 19, strike out SEC. 531. PROHIBITION ON ENTRY INTO CORREC- persons) TIONAL FACILITIES FOR PRESEN- ‘‘$2,005,630,000’’ and insert in lieu thereof TATION OF DECORATIONS TO PER- ‘‘$1,983,304,000’’. Mr. THURMOND. Mr. President, on SONS WHO COMMIT CERTAIN On page 298, line 22, strike out behalf of Senators KEMPTHORNE, CRIMES BEFORE PRESENTATION. ‘‘$539,007,000’’ and insert in lieu thereof CLELAND and AKAKA, I offer an amend- (a) PROHIBITION.—Chapter 57 of title 10, ‘‘$516,681,000’’. ment that would waive the time limits United States Code, is amended by adding at On page 302, in the table following line 23, for award of the Distinguished Service the end the following: strike out the item relating to Naval Air Station, Atlanta, Georgia. Cross and Distinguished Service Medal ‘‘§ 1132. Presentation of decorations: prohibi- to certain persons. I believe this tion on entering into correctional facilities On page 302, in the table following line 23, amendment has been cleared by the for certain presentations strike out ‘‘$39,310,000’’ in the amount col- umn of the item relating to Naval Shipyard, other side. ‘‘(a) PROHIBITION.—No member of the Pearl Harbor, Hawaii, and insert in lieu armed forces may enter into a Federal, The PRESIDING OFFICER. The thereof ‘‘$11,400,000’’. clerk will report. State, or local correctional facility for pur- On page 302, in the table following line 23, poses of presenting a decoration to a person insert after the item relating to Navy Public The assistant legislative clerk read who has been convicted of a serious violent Works Center, Pearl Harbor, Hawaii, the fol- as follows: felony. lowing new items: The Senator from South Carolina [Mr. ‘‘(b) DEFINITIONS.—In this section: ‘‘(1) The term ‘decoration’ means any deco- THURMOND], for Mr. KEMPTHORNE, for him- Fleet and Industrial Supply Center, Pearl Harbor $9,730,000 self, Mr. CLELAND and Mr. AKAKA proposes an ration or award that may be presented or Naval Station, Pearl Harbor ...... $18,180,000 awarded to a member of the armed forces. amendment numbered 2744. ‘‘(2) The term ‘serious violent felony’ has On page 302, in the table following line 23, The amendment is as follows: strike out ‘‘$446,984,000’’ in the amount col- the meaning given that term in section Beginning on page 108, strike out line 21 3359(c)(2)(F) of title 18.’’. umn of the item relating to the total and in- and all that follows through ‘‘(b) APPLICA- (b) CLERICAL AMENDMENT.—The table of sert in lieu thereof ‘‘$442,884,000’’. On page 305, line 16, strike out BILITY OF WAIVER.—’’ on page 109, line 4, and sections at the beginning of that chapter is insert in lieu thereof the following: amended by adding at the end the following: ‘‘$1,741,121,000’’ and insert in lieu thereof ‘‘$1,737,021,000’’. SEC. 530. WAIVER OF TIME LIMITATIONS FOR ‘‘1132. Presentation of decorations: prohibi- On page 305, line 19, strike out AWARD OF CERTAIN DECORATIONS tion on entering into correc- ‘‘$433,484,000’’ and insert in lieu thereof TO CERTAIN PERSONS. tional facilities for certain ‘‘$429,384,000’’. (a) WAIVER.—Any limitation established by presentations.’’. On page 307, in the table following line 16, law or policy for the time within which a Mr. LEVIN. I believe the amendment strike out the item relating to McChord Air recommendation for the award of a military has been cleared by the other side. Force Base, Washington. decoration or award must be submitted shall

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 19, 1998 CONGRESSIONAL RECORD — SENATE S6673 not apply to awards of decorations described fice of the Japanese 14th Army, he was behalf on the basis that the statutory in this section, the award of each such deco- able to purloin vital military intel- application deadlines for these awards ration having been determined by the Sec- ligence, including information on troop had expired. retary of the military department concerned movements. He reported this informa- After numerous failed attempts to to be warranted in accordance with section 1130 of title 10, United States Code. tion to General MacArthur’s head- waive these rules, an opportunity re- (b) DISTINGUISHED-SERVICE CROSS.—Sub- quarters in Australia via a secret cou- cently presented itself to seek equity section (a) applies to award of the Distin- rier service that he helped establish for Sakakida under a new provision of guished-Service Cross of the Army as fol- comprising Filipino guerrillas. Some of law (section 526 of Public Law 104–106) lows: the information he conveyed to the Al- that requires the military services to (1) To Isaac Camacho of El Paso, Texas, for lies in this way may have contributed review the merits of an application for extraordinary heroism in actions at Camp to the destruction of a Japanese naval an award, regardless of any statutory Hiep Hoa in Vietnam on November 24, 1963, task force. time restrictions, if a member of Con- while serving as a member of the Army. (2) To Bruce P. Crandall of Mesa, Arizona, He also took advantage of his posi- gress submits such an application. for extraordinary heroism in actions at tion to aid secretly a number of Allied Under the measure, if the military de- Landing Zone X-Ray in Vietnam on Novem- prisoners of war who were being held termines that such an award is mer- ber 14, 1965, while serving as a member of the there for trial for attempting to es- ited, it may request a waiver from Con- Army. cape; Sakakida smuggled food to them gress to make the award. (3) To Leland B. Fair of Jessieville, Arkan- and imaginatively interpreted for them Last March, pursuant to section 526, sas, for extraordinary heroism in actions in during their trials. One of these men, a I asked the Army to review Sakakida’s the Philippine Islands on July 4, 1945, while naval officer who would later become record to determine if he deserved the serving as a member of the Army. an Oklahoma supreme court justice, DSM. In May, the Army responded (c) DISTINGUISHED-SERVICE MEDAL.—Sub- section (a) applies to award of the Distin- asserted that he escaped execution positively to the request and officially guished-Service Medal of the Army to Rich- only through Sakakida’s intervention recommended that Congress grant the ard P. Sakakida of Fremont, California, for and assistance during his trial. late veteran a waiver from all time exceptionally meritorious service while a During this period, Sakakida engaged limits pertaining to the award. The prisoner of war in the Philippine Islands in perhaps his most daring exploit, the amendment that Senator KEMPTHORNE, from May 7, 1942, to September 14, 1945, while jailbreak of hundreds of Filipino guer- Senator CLELAND, and I are offering serving as a member of the Army. rillas from a Japanese prison. Dis- would effectively grant this waiver, (d) DISTINGUISHED FLYING CROSS.— guised in a stolen Japanese officer’s clearing the way for the Army to con- Mr. AKAKA. Mr. President, I am very uniform, he managed to free the guer- fer the DSM on this amazing indi- pleased to be joining Senator KEMP- rilla leader Ernest Tupas and hundreds vidual. THORNE and Senator CLELAND, chair- of other imprisoned fighters, who later Mr. President, for the late Colonel man and ranking member of the Sub- augmented his intelligence pipeline to Sakakida and his wife Cherry, this day committee on Personnel, in offering an MacArthur. Yet, despite the oppor- has been long in the making. I urge my amendment to the 1999 Defense Author- tunity for escape that was offered on colleagues to support this amendment ization Act that would waive current this and other occasions, Sakakida to ensure that a true American hero statutory time limitations for award of chose to remain a prisoner of war in can receive his due, albeit post- the Distinguished Service Cross, Dis- order to continue his undercover work. humously. This award means a great tinguished Flying Cross, and the Dis- After American forces invaded the deal not only to his widow, but to the tinguished Service Medal to certain de- Philippines, Sakakida escaped from the entire Japanese American community serving veterans. retreating Japanese forces at Baguio. and all those who honor military serv- Mr. President, I am especially During a firefight between American ice to their country. pleased that this amendment will en- and Japanese troops, he suffered shrap- Should this amendment become law, able the Department of the Army to nel wounds in the stomach. For the I would like to recognize the many award the Distinguished Service Medal next several months Sakakida wan- nisei veterans, including members of (DSM), our third-highest award after dered alone in the jungle, living off the the all-nisei Military Intelligence Serv- the Medal of Honor and Distinguished land, debilitated by his injuries. He fi- ice, and other supporters whose enthu- Service Cross, to the late Lt. Colonel nally happened upon American troops, siasm sustained Sakakida’s case. I Richard Motoso Sakakida of Fremont, whom he eventually convinced of his would also like to single out the efforts California. The award would honor identity. At that point, he was in- of three individuals without whose Colonel Sakakida’s meritorious service formed that the war was over. hard work the Army would never have as an Army intelligence officer and un- After the war, Sakakida served with considered Sakakida’s case: Wayne dercover agent in the Philippines dur- the War Crimes Tribunal, obtaining in- Kiyosaki, who wrote the definitive bi- ing World War II. formation on war crimes committed by ography of Colonel Sakakida; Ted Colonel Sakakida, a second-genera- the Japanese in the Philippines. He Tsukiyama, who served as a key his- tion Japanese American and former later transferred to the Air Force, torical resource; and, most impor- Hawaii native, was recruited by Army where he led a long and distinguished tantly, Colonel Harry Fukuhara, whose military intelligence well before the career with the Office of Special Inves- tireless advocacy in behalf of the late attack on Pearl Harbor to conduct un- tigations. hero reflects his own dedicated service dercover activities in the Philippines. Mr. President, aside from a Purple to his nation. Then-Sergeant Sakakida served in the Heart Award and Prisoner of War Mr. President, I appreciate the as- Philippines from 1941 to 1945, first as a Medal, Colonel Sakakida has yet to be sistance of Senator KEMPTHORNE, Sen- covert operative spying on the Japa- honored with an official U.S. military ator CLELAND, and Charlie Abell of the nese community, subsequently as a decoration for his amazing service in Personnel Subcommittee staff for their military intelligence staffer for Gen- the Philippines. There are a number of support and guidance on this matter. I eral MacArthur, and still later, after reasons for this oversight, but most are eagerly await the day when Colonel giving up a seat on an escape aircraft attributable to the official secrecy sur- Sakakida’s accomplishments are offi- to a fellow nisei, as the only Japanese rounding his work, which prevented his cially recognized by the U.S. Army. American prisoner of war captured by story from being recognized for what it Mr. THURMOND. I urge the adoption the Japanese during that conflict. was until it was too late to consider of the amendment. While a POW, Sakakida was sub- him for an appropriate decoration. Mr. LEVIN. The amendment has been jected to severe torture—beatings, dis- When his accomplishments at last cleared by this side. location of his shoulders, and cigarette came to light at a veterans convention THE PRESIDING OFFICER. Without burns—by the feared Japanese secret in 1991, some of Sakakida’s supporters, objection, the amendment is agreed to. police, the kempeitai, without revealing including myself, sought to have him The amendment (No. 2744) was agreed his covert status. After gaining the considered for a high award for valor; to. trust of his captors and assigned me- however, the Army refused to consider Mr. THURMOND. Mr. President, I nial tasks in the Judge Advocate’s of- any award applications in Sakakida’s move to reconsider the vote.

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6674 CONGRESSIONAL RECORD — SENATE June 19, 1998 Mr. LEVIN. I move to lay that mo- The PRESIDING OFFICER. The Mr. THURMOND. Mr. President, I tion on the table. clerk will report. urge the Senate adopt the amendment. The motion to lay on the table was The assistant legislative clerk read Mr. LEVIN. The amendment has been agreed to. as follows: cleared. AMENDMENT NO. 2745 The Senator from South Carolina [Mr. THE PRESIDING OFFICER. Without (Purpose: To reduce the authority in section THURMOND] for Mr. MCCAIN proposes an objection, the amendment is agreed to. 1012 to enter into long-term charters for amendment numbered 2746. The amendment (No. 2746) was agreed three vessels in support of submarine res- The amendment is as follows: to. cue, escort, and towing) At the end of subtitle B of title VI, add the Mr. LEVIN. Mr. President, I move to Mr. THURMOND. Mr. President, on following: reconsider the vote. behalf of Senator WARNER, I offer an SEC. 620. DIVING DUTY SPECIAL PAY FOR DIVERS Mr. THURMOND. I move to lay that amendment which authorizes the Navy HAVING DIVING DUTY AS A NONPRI- motion on the table. to enter into charter agreements for up MARY DUTY. (a) ELIGIBILITY FOR MAINTAINING PRO- to 5 years for three vessels used in sup- The motion to lay on the table was FICIENCY.—Section 304(a)(3) of title 37, United agreed to. port of submarine rescue, escort and States Code, is amended to read as follows: towing. I believe this amendment has ‘‘(3) either— AMENDMENT NO. 2747 been cleared by the other side. ‘‘(A) actually performs diving duty while (Purpose: To authorize the Secretary of the The PRESIDING OFFICER. The serving in an assignment for which diving is Navy to enter into multiyear contracts clerk will report. a primary duty; or under certain aircraft procurement pro- The assistant legislative clerk read ‘‘(B) meets the requirements to maintain grams) as follows: proficiency as described in paragraph (2) Mr. THURMOND. Mr. President, on while serving in an assignment that includes The Senator from South Carolina [Mr. behalf of Senators COATS and GLENN, I diving duty other than as a primary duty.’’. offer an amendment which would pro- THURMOND], for Mr. WARNER, proposes an (b) EFFECTIVE DATE.—The amendment amendment numbered 2745. made by subsection (a) shall take effect on vide authority for the Department of The PRESIDING OFFICER. Without October 1, 1998, and shall apply with respect Defense to enter into multiyear con- objection, further reading of the to months beginning on or after that date. tracts for the T–45, E–2C, and AV–8B amendment is dispensed with. Mr. MCCAIN. Mr. President, I rise aircraft. I believe this amendment has The amendment is as follows: today to offer an amendment that au- been cleared by the other side. Strike out section 1012, and insert in lieu thorizes the Department of Defense to The PRESIDING OFFICER. The thereof the following: continue ‘‘Special Pay: Diving Duty’’ clerk will report. SEC. 1012. LONG-TERM CHARTER OF THREE VES- for Career Divers in assignments where The assistant legislative clerk read SELS IN SUPPORT OF SUBMARINE diving is performed as a non-primary as follows: RESCUE, ESCORT, AND TOWING. (a) AUTHORITY.—The Secretary of the Navy duty. The Senator from South Carolina [Mr. may to enter into one or more long-term This amendment will allow the serv- THURMOND], for Mr. COATS, for himself and charters in accordance with section 2401 of ices to continue dive pay for individual Mr. GLENN, proposes an amendment num- title 10, United States Code, for three vessels career divers who maintain diving cur- bered 2747. to support the rescue, escort, and towing of rency while serving in critical shore The PRESIDING OFFICER. Without submarines. and staff assignments in execution of objection, further reading of the (b) VESSELS.—The vessels that may be ‘‘duty of diving’’ orders. amendment is dispensed with. chartered under subsection (a) are as follows: The services plan, as a part of the (1) The Carolyn Chouest (United States of- The amendment is as follows: ficial number D102057). FY00 legislative review process, to in- At the end of subtitle C of title I, add the (2) The Kellie Chouest (United States offi- corporate this clear policy regarding following: cial number D1038519). dive pay. The Navy intends, in FY99, to SEC. 124. MULTIYEAR PROCUREMENT AUTHOR- (3) The Dolores Chouest (United States of- terminate dive pay for divers on shore ITY FOR CERTAIN AIRCRAFT PRO- ficial number D600288). and staff duty pending legislative clari- GRAMS. (c) CHARTER PERIOD.—The period for which fication. Terminating this pay for the Beginning with the fiscal year 1999 pro- a vessel is chartered under subsection (a) intervening year would alienate each gram year, the Secretary of the Navy may, may not extend beyond October 1, 2004. and every service member affected. It in accordance with section 2306b of title 10, (d) FUNDING.—The funds used for charters also makes no sense. United States Code, enter into multiyear entered into under subsection (a) shall be contracts for the procurement of the fol- funds authorized to be appropriated under Accepting this amendment will be lowing aircraft: section 301(a)(2). cost neutral. It simply allows the serv- (1) The AV–8B aircraft. Mr. LEVIN. The amendment has been ices to continue paying these critical (2) The E–2C aircraft. cleared on this side. personnel in the same manner as they (1) The T–45 aircraft. are currently being paid. In fact, as in Mr. THURMOND. The amendment Mr. COATS. Mr. President, the ad- previous years, the FY 1999 Presi- has been cleared. I urge the Senate ministration has requested authority dential Budget Request includes the adopt the amendment. to enter into multi year contract on THE PRESIDING OFFICER. Without funds for this special pay. The costs associated with rejecting these three aircraft. Multi-year pro- objection, the amendment is agreed to. curement of these three aircraft is cost The amendment (No. 2745) was agreed this amendment are much more dear. It will cost 4.5 times more to retrain effective and has the commitment of to. the Department of Defense. I support Mr. LEVIN. Mr. President, I move to career divers whose qualifications ex- pire than it would to have those same the initiative as a prudent step to en- reconsider the vote. sure we have efficient acquisition of Mr. THURMOND. I move to lay that personnel maintain currency. Addition- ally—and more importantly—termi- mature defense systems. motion on the table. Mr. LEVIN. The amendment has been The motion to lay on the table was nating this pay for Army divers, Navy cleared on this side. agreed to. SEALs, Explosive Ordnance Disposal Mr. THURMOND. I urge the amend- AMENDMENT NO. 2746 personnel and Air Force Para-rescue members, will take money out of the ment be adopted. (Purpose: To broaden the eligibility for div- THE PRESIDING OFFICER. Without ing duty special pay to include personnel pockets of the very highly skilled per- who maintain proficiency as a diver while sonnel that the services are des- objection, the amendment is agreed to. serving in a position for which diving is a perately struggling to retain. The amendment (No. 2747) was agreed nonprimary duty) Mr. President, this amendment pro- to. Mr. THURMOND. Mr. President, on vides a simple, fiscally smart solution Mr. LEVIN. Mr. President, I move to behalf of Senator MCCAIN, I offer an to maintaining critical diving skills for reconsider the vote. amendment that would broaden the eli- our armed services, and at the same Mr. THURMOND. I move to lay that gibility for giving special duty pay in time, sends a positive message to our motion on the table. the Navy. I believe this amendment has service personnel. I urge my colleagues The motion to lay on the table was been cleared by the other side. to support this critical amendment. agreed to.

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 19, 1998 CONGRESSIONAL RECORD — SENATE S6675 AMENDMENT NO. 2748 (b) REPORT.—Subsection (d) of that section Mr. President, our amendment would (Purpose: To transfer $15,895,000 between is amended to read as follows: not require any additional funds and Navy authorizations for the remote ‘‘(d) REPORT.—Not later than February 1, would not impose any additional fiscal minehunting system program) 2003, the Secretary shall submit to Congress burden on the Department of Defense. Mr. THURMOND. On behalf of Sen- a report on the program. The report shall in- clude the Secretary’s conclusions and rec- It does hold out the possibility of im- ator WARNER, I offer an amendment ommendation regarding the desirability of proving the facilities that conduct the which authorizes a realignment of making the authority set forth under sub- important research and tests on the funds from Other Procurement, Navy, section (b) permanent.’’. Nation’s military capabilities. to Research, Development, Test and (c) EXTENSION.—Subsection (g) of that sec- I believe this amendment has been Evaluation, Navy, in the fiscal year tion is amended by striking out ‘‘September cleared by the other side. I urge the 1999 remote minehunting system pro- 30, 1998’’ and inserting in lieu thereof ‘‘Sep- Senate adopt the amendment. gram. tember 30, 2003’’. THE PRESIDING OFFICER. Without The PRESIDING OFFICER. The Mr. THURMOND. Mr. President, I objection, the amendment is agreed to. clerk will report. rise to introduce an amendment that The amendment (No. 2749) was agreed The assistant legislative clerk read would extend by five years the Depart- to. as follows: ment of Defense Laboratory Revitaliza- Mr. LEVIN. Mr. President, I move to The Senator from South Carolina [Mr. tion Demonstration Program. I am reconsider the vote. THURMOND], for Mr. WARNER, proposes an pleased to be joined by Senators LEVIN, Mr. THURMOND. I move to lay that amendment numbered 2748. SANTORUM, and LIEBERMAN, in spon- motion on the table. The amendment is as follows: soring this amendment. Senator The motion to lay on the table was On page 14, line 16, reduce the amount by SANTORUM, as the Chairman of the Ac- agreed to. $15,895,000. quisition and Technology Sub- AMENDMENT NO. 2750 On page 29, line 2, increase the amount by committee, has been one of the strong- (Purpose: To redesignate the position of Di- $15,895,000. est advocates for strengthening our Na- rector of Defense Research and Engineer- Mr. THURMOND. I believe this tion’s defense research and develop- ing, abolish the position of Assistant to amendment has been cleared by the ment capabilities and I want to thank the Secretary of Defense for Nuclear and other side. him for that leadership. Chemical and Biological Defense Pro- Mr. LEVIN. The amendment has been The Senate Armed Services Com- grams, and transfer the duties of the latter position to the former position) cleared on this side. mittee approved the original two-year Mr. LEVIN. Mr. President, I offer an THE PRESIDING OFFICER. Without Laboratory Revitalization Demonstra- amendment that would change the objection, the amendment is agreed to. tion Program in the National Defense name of the Director, Defense Research The amendment (No. 2748) was agreed Authorization Act for Fiscal Year 1996. and Engineering, DDR&E, to Director, to. The purpose of the legislation was to Defense Technology and Counter-pro- Mr. LEVIN. Mr. President, I move to afford the Secretary of Defense the liferation, and would also abolish the reconsider the vote. flexibility to improve laboratory oper- Mr. THURMOND. I move to lay that ations. The specific authority included: position of the Assistant to the Sec- motion on the table. A raise in the minor construction retary of Defense for Nuclear, Chem- The motion to lay on the table was threshold from $1.5 million to $3.0 mil- ical and Biological matters and move agreed to. lion for projects that the Secretary the Nuclear Weapons Council respon- concerned may carry out without spe- sibilities now carried out by that posi- AMENDMENT NO. 2749 tion to the renamed Director, Defense (Purpose: To modify the authority relating cific authorization. A raise in the threshold for unspec- Technology and Counterproliferation. to the Department of Defense Laboratory The PRESIDING OFFICER. The Revitalization Demonstration Program) ified construction projects for which clerk will report. Mr. THURMOND. Mr. President, on operations and maintenance funds may be used from $300,000 to $1.0 million. The assistant legislative clerk read behalf of myself, Senator LEVIN, as follows: SANTORUM and LIEBERMAN, I offer an A raise in the threshold for minor military construction projects requir- The Senator from Michigan [Mr. LEVIN] amendment which would extend the proposes an amendment numbered 2750. authority relating to the Department ing prior approval by the Secretary of Defense Laboratory Revitalization concerned from $500,000 to $1.5 million. The amendment is as follows: Demonstration Program for 5 years. These authorities extended for a two- On page 196, between lines 18 and 19, insert The PRESIDING OFFICER. The year period and will expire September the following: clerk will report. 30, 1998, unless specifically renewed by SEC. 908. REDESIGNATION OF DIRECTOR OF DE- Congress. The legislation also directed FENSE RESEARCH AND ENGINEER- The assistant legislative clerk read ING AS DIRECTOR OF DEFENSE as follows: the Secretary to submit a report to the TECHNOLOGY AND COUNTERPRO- The Senator from South Carolina [Mr. Congress regarding the program and LIFERATION AND TRANSFER OF RE- SPONSIBILITIES. THURMOND], for himself, Mr. LEVIN, Mr. specifically provide recommendations (a) REDESIGNATION.—Subsection (a) of sec- SANTORUM and Mr. LIEBERMAN, proposes an as to whether this authority should be tion 137 of title 10, United States Code, is amendment numbered 2749. extended to all DoD laboratories. amended by striking out ‘‘Director of De- The amendment is as follows: On May 14, 1998, the Deputy Sec- fense Research and Engineering’’ and insert- On page 347, below line 23, add the fol- retary of Defense, John Hamre, sub- ing in lieu thereof ‘‘Director of Defense lowing: mitted the required report with the Technology and Counterproliferation’’. SEC. 2833. MODIFICATION OF AUTHORITY RELAT- recommendation that the authority (b) DUTIES.—Subsection (b) of such section ING TO DEPARTMENT OF DEFENSE should be extended to all DoD owned 137 is amended to read as follows: LABORATORY REVITALIZATION DEM- laboratories and test centers for a five- ‘‘(b) The Director of Defense Technology ONSTRATION PROGRAM. year full demonstration program. and Counterproliferation shall— (a) PROGRAM REQUIREMENTS.—Subsection Mr. President, the experience gained ‘‘(1) except as otherwise prescribed by the (c) of section 2892 of the National Defense Secretary of Defense, perform such duties re- Authorization for Fiscal Year 1996 (Public from the two-year demonstration has lating to research and engineering as the Law 104–106; 110 Stat. 590; 10 U.S.C. 2805 note) shown that this program works and Under Secretary of Defense for Acquisition is amended to read as follows: that it should be expanded to all lab- and Technology may prescribe; ‘‘(c) PROGRAM REQUIREMENTS.—(1) Not oratories and test centers for a limited ‘‘(2) advise the Secretary of Defense on later than 30 days before commencing the time period for further evaluation. Our matters relating to nuclear energy and nu- program, the Secretary shall establish proce- amendment would support Dr. Hamre’s clear weapons; dures for the review and approval of requests recommendation. At the conclusion of ‘‘(3) serve as the Staff Director of the Joint from Department of Defense laboratories for the test the Secretary of Defense would Nuclear Weapons Council under section 179 construction under the program. of this title; and ‘‘(2) The laboratories at which construc- be required to submit a report on the ‘‘(4) perform such other duties as the Sec- tion may be carried out under the program program along with a recommendation retary of Defense may prescribe.’’. may not include Department of Defense lab- regarding the desirability of making (c) ABOLISHMENT OF POSITION OF ASSISTANT oratories that are contractor-owned.’’. the authority permanent. TO THE SECRETARY OF DEFENSE FOR NUCLEAR

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6676 CONGRESSIONAL RECORD — SENATE June 19, 1998 AND CHEMICAL AND BIOLOGICAL DEFENSE PRO- The amendment (No. 2750) was agreed At the end of title VIII, add the following: GRAMS.—Section 142 of such title is repealed. to. SEC. 812. PLAN FOR RAPID TRANSITION FROM (d) CONFORMING AMENDMENTS.—(1) Title 5, Mr. LEVIN. Mr. President, I move to COMPLETION OF SMALL BUSINESS United States Code, is amended as follows: reconsider the vote. INNOVATION RESEARCH INTO DE- (A) In section 5315, by striking out ‘‘Direc- FENSE ACQUISITION PROGRAMS. Mr. THURMOND. I move to lay that tor of Defense Research and Engineering’’ (a) PLAN REQUIRED.—Not later than Feb- and inserting in lieu thereof the following: motion on the table. ruary 1, 1999, the Secretary of Defense shall ‘‘Director of Defense Technology and The motion to lay on the table was submit to the Committee on Armed Services Counterproliferation’’. agreed to. of the Senate and the Committee on Na- (B) In section 5316, by striking out ‘‘Assist- AMENDMENT NO. 2751 tional Security of the House of Representa- ant to the Secretary of Defense for Nuclear (Purpose: To make technical corrections to tives a plan for facilitating the rapid transi- and Chemical and Biological Defense Pro- section 802, relating to procurement of tion into Department of Defense acquisition grams, Department of Defense.’’. travel services) programs of successful first phase and second (2) Title 10, United States Code, is amended Mr. THURMOND. Mr. President, I phase activities under the Small Business In- as follows: novation Research program under section 9 (A) In section 131(b), by striking out para- offer an amendment which would make of the Small Business Act (15 U.S.C. 638). graph (6) and inserting in lieu thereof the certain technical corrections relating (b) CONDITIONS.—The plan submitted under following: to section 802, the procurement of trav- subsection (a) shall— ‘‘(6) Director of Defense Technology and el services. This amendment corrects a (1) be consistent with the Small Business Counterproliferation.’’. reference cited in the original provi- Innovation Research program and with re- (B) In section 138(d), by striking out ‘‘Di- sion and clarifies the year in which a cent acquisition reforms that are applicable rector of Defense Research and Engineering’’ to the Department of Defense; and and inserting in lieu thereof ‘‘Director of De- travel rebate may be charged. The PRESIDING OFFICER. The (2) provide— fense Technology and Counterproliferation’’. (A) a high priority for funding the projects (C) In section 179(c)(2), by striking out ‘‘As- clerk will report. under the Small Business Innovation Re- sistant to the Secretary of Defense for Nu- The assistant legislative clerk read search program that are likely to be success- clear and Chemical and Biological Defense as follows: ful under a third phase agreement entered Programs’’ and inserting in lieu thereof ‘‘Di- The Senator from South Carolina [Mr. into pursuant to section 9(r) of the Small rector of Defense Technology and Counter- THURMOND] proposes an amendment num- Business Act (15 U.S.C. 638(r)); and proliferation’’. bered 2751. (B) for favorable consideration, in the ac- (D) In section 2350a(g)(3), by striking out The amendment is as follows: quisition planning process, for funding ‘‘Deputy Director, Defense Research and En- projects under the Small Business Innova- On page 160, beginning on line 9, strike out gineering (Test and Evaluation)’’ and insert- tion Research program that are subject to a ‘‘amount’’ and all that follows through ‘‘sec- ing in lieu thereof ‘‘Under secretary of De- third phase agreement described in subpara- tion 3202(1)’’ on line 17, and insert in lieu fense for Acquisition and Technology’’. graph (A). (E) In section 2617(a), by striking out ‘‘Di- thereof the following: rector of Defense Research and Engineering’’ amounts were charged. Mr. WARNER. Mr. President, I rise and inserting in lieu thereof ‘‘Director of De- ‘‘(B) For amounts relating to sales for un- today to offer an amendment to the fense Technology and Counterproliferation’’. official travel, deposit in nonappropriated Defense Authorization Bill that will (F) In section 2902(b), by striking out para- fund accounts available for morale, welfare, begin to address concerns that I have graph (1) and inserting in lieu thereof the and recreation programs. with regard to the ability of high tech- following: ‘‘(c) DEFINITIONS.—In this section: nology, small businesses to compete in ‘‘(1) The Director of Defense Technology ‘‘(1) The term ‘head of an agency’ has the the defense acquisition arena. This meaning given that term in section 2302(1) and Counterproliferation.’’. amendment, I hope, will lay the (3) Section 257(a) of the National Defense Mr. THURMOND. I believe this Authorization Act for Fiscal Year 1995 (10 groundwork for reforming the acquisi- amendment has been cleared by the tion and budgeting process so that the U.S.C. 2358 note) is amended by striking out other side. ‘‘Director of Defense Research and Engineer- Department of Defense can take great- Mr. LEVIN. Mr. President, the ing’’ and inserting in lieu thereof ‘‘Director er advantage of technological innova- of Defense Technology and Counterprolifera- amendment has been cleared on this tions developed by small, high-tech tion’’. side. companies. The amendment does not (4) The National Defense Authorization Mr. THURMOND. I urge the Senate change any law or policy, it simply di- Act for Fiscal Year 1994 is amended as fol- adopt the amendment. rects the Secretary of Defense to inves- lows: The PRESIDING OFFICER. Without tigate ways that the Department of De- (A) In section 802(a) (10 U.S.C. 2358 note), objection, the amendment is agreed to. fense could improve the acquisition by striking out ‘‘Director of Defense Re- The amendment (No. 2751) was agreed search and Engineering’’ and inserting in process so as to enable the rapid incor- to. lieu thereof ‘‘Director of Defense Technology poration of high technology innova- and Counterproliferation’’. Mr. LEVIN. Mr. President, I move to reconsider the vote. tions into existing defense programs. (B) In section 1605(a)(5), (22 U.S.C. 2751 Mr. President, small businesses gen- note) by striking out ‘‘Assistant to the Sec- Mr. THURMOND. I move to lay that retary of Defense for Nuclear and Chemical motion on the table. erate a disproportionately large share and Biological Defense Programs’’ and in- The motion to lay on the table was of the technological innovations in this serting in lieu thereof ‘‘Director of Defense agreed to. country. Studies have found that small Technology and Counterproliferation’’. businesses originate more than two AMENDMENT NO. 2752 (e) CLERICAL AMENDMENTS.—(1) The section times as many innovations per em- (Purpose: To require a plan for facilitating a heading of section 137 of title 10, United ployee as large businesses. States Code, is amended to read as follows: rapid transition from successfully com- pleted research under the Small Business The Small Business Innovation Re- ‘‘§ 137. Director of Defense Technology and Innovation Research Program into defense search (SBIR) program was created by Counterproliferation’’. acquisition programs) the Small Business Innovation Devel- (2) The table of sections at the beginning of Mr. THURMOND. On behalf of Sen- opment Act of 1982. It is intended to chapter 4 of title 10, United States Code, is amended— ator WARNER, I offer an amendment stimulate technological innovation by (A) by striking out the item relating to which would require the Department of using small businesses to meet federal section 137 and inserting in lieu thereof the Defense to give greater consideration research and development needs. The following: to funding research and development SBIR program has proven to be a high- ‘‘137. Director of Defense Technology and projects started under the Small Busi- ly effective way of leveraging the cre- Counterproliferation.’’; and ness Innovative Research Program. ativity of small, high technology com- (B) by striking out the item relating to The PRESIDING OFFICER. The panies. A 1997 Government Accounting section 142. clerk will report. Office (GAO) study of the Department Mr. LEVIN. I believe the amendment The assistant legislative clerk read of Defense’s SBIR program concluded has been cleared. as follows: that ‘‘quality projects are being fund- Mr. THURMOND. Mr. President, the The Senator from South Carolina [Mr. ed.’’ amendment has been cleared. THURMOND] for Mr. WARNER, proposes an The SBIR program provides small The PRESIDING OFFICER. Without amendment numbered 2752. businesses with the opportunity to objection, the amendment is agreed to. The amendment is as follows: demonstrate innovative ideas that

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 19, 1998 CONGRESSIONAL RECORD — SENATE S6677 meet the specific research and develop- SEC. 219. NATO ALLIANCE GROUND SURVEIL- also elect during the open enrollment period ment needs of the Department of De- LANCE CONCEPT DEFINITION. to participate in the Supplemental Survivor fense. Under Phases I and II of the pro- Amounts authorized to be appropriated Benefit Plan. under subtitle A are available for a NATO al- (3) ELIGIBLE RETIRED OR FORMER MEMBER.— gram—the research and development liance ground surveillance concept definition For purposes of paragraphs (1) and (2), an eli- phases—small businesses can develop that is based on the Joint Surveillance Tar- gible retired or former member is a member and prove their ideas. Phase III of the get Attack Radar System (Joint STARS) or former member of the uniformed services SBIR program is for the acquisition Radar Technology Insertion Program (RTIP) who on the day before the first day of the and procurement of successful projects. sensor of the United States, as follows: open enrollment period is not a participant Due to the rapid pace of technological (1) Of the amount authorized to be appro- in the Survivor Benefit Plan and— change, the innovative products devel- priated under section 201(1), $6,400,000. (A) is entitled to retired pay; or oped under the SBIR program often (2) Of the amount authorized to be appro- (B) would be entitled to retired pay under priated under section 201(3), $3,500,000. chapter 1223 of title 10, United States Code have direct applicability to ongoing (or chapter 67 of such title as in effect before major defense acquisition programs, Mr. COATS. Mr. President, last year DOD had an initiative to have NATO October 5, 1994), but for the fact that such where incorporation of the product member or former member is under 60 years could immediately result in perform- adopt the JSTARS system as the of age. ance improvement and/or cost reduc- NATO alliance ground surveillance sys- (4) STATUS UNDER SBP OF PERSONS MAKING tion. The problem lies in taking a wor- tem, but NATO subsequently decided ELECTIONS.— thy high technology project—one that not to acquire the B–707-based US (A) STANDARD ANNUITY.—A person making JSTARS aircraft. an election under paragraph (1) by reason of could provide an immediate benefit to eligibility under paragraph (3)(A) shall be an ongoing defense program—and mov- After that decision, the US offered a concept to integrate a variant of the treated for all purposes as providing a stand- ing rapidly from SBIR’s Phases I and II ard annuity under the Survivor Benefit Plan. US JSTARS Radar Technology Inser- (R&D), to Phase III (acquisition). (B) RESERVE-COMPONENT ANNUITY.—A per- In the current environment, where tion Program (RTIP) sensor into an son making an election under paragraph (1) major defense acquisition programs are aircraft of NATO’s choice. In April, by reason of eligibility under paragraph often contracted with a single large NATO’s Conference of National Arma- (3)(B) shall be treated for all purposes as pro- ments Directors (CNAD) approved a viding a reserve-component annuity under contractor, it is difficult for a small the Survivor Benefit Plan. business to get their high tech innova- one year concept definition study to flesh out this alternative. However, the (b) MANNER OF MAKING ELECTIONS.— tion inserted into the acquisition (1) IN GENERAL.—An election under this cycle. The amendment that I am intro- April decision was too late to affect the section must be made in writing, signed by ducing simply directs the Secretary of budget request, so that unless the De- the person making the election, and received Defense to investigate and report on partment gets the authority that by the Secretary concerned before the end of the open enrollment period. Except as pro- processes that would facilitate the would be provided by this amendment, the concept definition effort would slip vided in paragraph (2), any such election rapid transition of successful SBIR shall be made subject to the same condi- projects into DoD acquisition pro- by a year. Mr. THURMOND. Mr. President, the tions, and with the same opportunities for grams. My goal is to lay the foundation designation of beneficiaries and specification for changes that will improve the in- amendment has been cleared here. of base amount, that apply under the Sur- corporation of high technology innova- The PRESIDING OFFICER. Without vivor Benefit Plan or the Supplemental Sur- tion in defense programs. objection, the amendment is agreed to. vivor Benefit Plan, as the case may be. A The amendment (No. 2753) was agreed Mr. President, I urge my colleagues person making an election under subsection to. (a) to provide a reserve-component annuity to support this amendment. Mr. LEVIN. Mr. President, I move to shall make a designation described in sec- Mr. THURMOND. I believe this reconsider the vote by which the tion 1448(e) of title 10, United States Code. amendment has been cleared by the amendment was agreed to. (2) ELECTION MUST BE VOLUNTARY.—An elec- other side. tion under this section is not effective unless Mr. THURMOND. I move to lay that Mr. LEVIN. The amendment has been the person making the election declares the motion on the table. cleared on this side. election to be voluntary. An election to par- The motion to lay on the table was Mr. THURMOND. I urge the Senate ticipate in the Survivor Benefit Plan under agreed to. this section may not be required by any adopt this amendment. AMENDMENT NO. 2754 court. An election to participate or not to The PRESIDING OFFICER. Without participate in the Survivor Benefit Plan is (Purpose: To provide a period of open objection, the amendment is agreed to. not subject to the concurrence of a spouse or enrollment for the Survivor Benefit Plan) The amendment (No. 2752) was agreed former spouse of the person. to. Mr. THURMOND. Mr. President, on (c) EFFECTIVE DATE FOR ELECTIONS.—Any Mr. LEVIN. Mr. President, I move to behalf of Senator WARNER, I offer an such election shall be effective as of the first amendment that provides for 1-year day of the first calendar month following the reconsider the vote. month in which the election is received by Mr. THURMOND. I move to lay that open season to permit active and re- serve military retirees the opportunity the Secretary concerned. motion on the table. (d) OPEN ENROLLMENT PERIOD DEFINED.— to enroll in the Survivor Benefit Plan. The motion to lay on the table was The open enrollment period is the one-year The PRESIDING OFFICER. The agreed to. period beginning on March 1, 1999. clerk will report. (e) EFFECT OF DEATH OF PERSON MAKING AMENDMENT NO. 2753 The assistant legislative clerk read ELECTION WITHIN TWO YEARS OF MAKING (Purpose: To set aside RDT&E funds for a as follows: ELECTION.—If a person making an election NATO alliance ground surveillance concept under this section dies before the end of the definition) The Senator from South Carolina [Mr. two-year period beginning on the effective THURMOND], for Mr. WARNER, proposes an Mr. LEVIN. Mr. President, on behalf date of the election, the election is void and amendment numbered 2754. the amount of any reduction in retired pay of Senator LIEBERMAN, I offer an The amendment is as follows: of the person that is attributable to the elec- amendment that provides authority for tion shall be paid in a lump sum to the per- the Department of Defense to set aside At the end of subtitle D of title VI, add the following: son who would have been the deceased per- funds for a NATO alliance ground sur- son’s beneficiary under the voided election if SEC. 634. SURVIVOR BENEFIT PLAN OPEN EN- the deceased person had died after the end of veillance concept definition. ROLLMENT PERIOD. such two-year period. The PRESIDING OFFICER. The (a) PERSONS NOT CURRENTLY PARTICIPATING clerk will report. (f) APPLICABILITY OF CERTAIN PROVISIONS IN SURVIVOR BENEFIT PLAN.— OF LAW.—The provisions of sections 1449, The assistant legislative clerk read (1) ELECTION OF SBP COVERAGE.—An eligible 1453, and 1454 of title 10, United States Code, as follows: retired or former member may elect to par- are applicable to a person making an elec- The Senator from Michigan [Mr. LEVIN, for ticipate in the Survivor Benefit Plan during tion, and to an election, under this section in Mr. LIEBERMAN, proposes an amendment the open enrollment period specified in sub- the same manner as if the election were numbered 2753. section (d). made under the Survivor Benefit Plan or the (2) ELECTION OF SUPPLEMENTAL ANNUITY Supplemental Survivor Benefit Plan, as the The amendment is as follows: COVERAGE.—An eligible retired or former case may be. At the end of subtitle B of title II, add the member who elects under paragraph (1) to (g) PREMIUMS FOR OPEN ENROLLMENT ELEC- following: participate in the Survivor Benefit Plan may TION.—

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6678 CONGRESSIONAL RECORD — SENATE June 19, 1998 (1) PREMIUMS TO BE CHARGED.—The Sec- altered over the years. Admittedly, sound, this could, in my view, work to retary of Defense shall prescribe in regula- this is more the exception than the the detriment of the military retire- tions premiums which a person electing rule, but for some retirees it is a fact of ment fund from which survivors’ annu- under this section shall be required to pay life. ities are paid. for participating in the Survivor Benefit What if all the new enrollees were Plan pursuant to the election. The total The Congress has previously offered amount of the premiums to be paid by a per- limited open enrollment periods, or terminally ill? A 90-year old retiree son under the regulations shall be equal to ‘‘open seasons’’ for retirees to partici- could conceivably enroll under the the sum of— pate in the Survivor Benefit Plan: once Warner amendment, pay premiums for (A) the total amount by which the retired in 1981 and again in 1991. These open two years and then leave an annuity pay of the person would have been reduced seasons are a recognition of the fact for his survivors that would be paid before the effective date of the election if the that some retirees who initially did not from the retirement funds for a long person had elected to participate in the Sur- elect to participate in the Survivor time. vivor Benefit Plan (for the same base I also remain concerned about the ef- amount specified in the election) at the first Benefit Plan have found themselves in opportunity that was afforded the member to circumstances where they would wel- fect this open season would have on the participate under chapter 73 of title 10, come the opportunity to participate in tendency of younger military personnel United States Code; the Plan. In the case of the first two to enroll in the program upon retire- (B) interest on the amounts by which the open seasons, retirees who entered the ment. I am concerned that an open sea- retired pay of the person would have been so program after their retirement date son like this would serve as a disincen- reduced, computed from the dates on which were required to pay a lump sum tive to enrollment by encouraging the retired pay would have been so reduced amount appropriate to what they service men and women not to enroll at at such rate or rates and according to such the time they retire and, instead, gam- methodology as the Secretary of Defense de- would have paid since their retirement termines reasonable; and date. This ensured that the system was ble that Congress will authorize an- (C) any additional amount that the Sec- fair to those who chose to enroll upon other open season at some point before retary determines necessary to protect the retirement. they die. If this is the case, it would actuarial soundness of the Department of I believe it is once again time to offer not be in the best interests of the pro- Defense Military Retirement Fund against an open season to address the concerns gram or the service members. any increased risk for the fund that is asso- of a small number of retirees who are Because of these concerns and the ciated with the election. interested in participating in the plan. Department’s objections, I look for- (2) PREMIUMS TO BE CREDITED TO RETIRE- The amendment that I am offering al- ward to working with Senator WARNER MENT FUND.—Premiums paid under the regu- between now and the end of conference lations shall be credited to the Department lows retirees who had not elected to of Defense Military Retirement Fund. participate in the Survivor Benefit to address these concerns. (h) DEFINITIONS.—In this section: Plan at the time of their retirement Mr. THURMOND. I believe this (1) The term ‘‘Survivor Benefit Plan’’ the opportunity to do so. The enroll- amendment has been cleared by the means the program established under sub- ment period would be limited to one other side. I urge the Senate adopt the chapter II of chapter 73 of title 10, United year and would require a lump sum amendment. States Code. payment by the retiree in the amount Mr. LEVIN. Mr. President, the (2) The term ‘‘Supplemental Survivor Ben- amendment has been cleared on this efit Plan’’ means the program established that he or she would have paid in pre- miums, with accrued interest, since the side. under subchapter III of chapter 73 of title 10, The PRESIDING OFFICER. Without United States Code. date of their retirement. The amend- (3) The term ‘‘retired pay’’ includes re- ment also allows the defense secretary objection, the amendment is agreed to. tainer pay paid under section 6330 of title 10, to make adjustments to the retirees The amendment (No. 2754) was agreed United States Code. premium to ensure the actuarial to. Mr. LEVIN. Mr. President, I move to (4) The terms ‘‘uniformed services’’ and soundness of the Plan’s fund. ‘‘Secretary concerned’’ have the meanings Mr. LEVIN. Mr. President, I would reconsider the vote by which the given those terms in section 101 of title 37, like to make a few remarks about the amendment was agreed to. United States Code. Mr. THURMOND. I move to lay that amendment my friend, Senator WAR- (5) The term ‘‘Department of Defense Mili- motion on the table. tary Retirement Fund’’ means the Depart- NER, has offered concerning an open The motion to lay on the table was ment of Defense Military Retirement Fund season for enrollment in the military agreed to. established under section 1461(a) of title 10, Survivor Benefit Program. AMENDMENT NO. 2755 United States Code. I understand my colleague’s views that it is time to offer the possibility (Purpose: To revise a definition of the term Mr. WARNER. Mr. President, since ‘‘senior executive’’ for purposes of the limi- its enactment some 26 years ago, the of enrollment in this plan to retirees tation on allowability of compensation for Survivor Benefit Plan has been a who have, under different cir- certain contractor personnel) source of financial security for mili- cumstances, chosen not to enroll. Mr. THURMOND. Mr. President, on tary retirees and their dependents. I have been told that the Department behalf of Senators THOMPSON, GLENN, Should the military retiree pre-decease of Defense has determined that the THURMOND, LEVIN, SANTORUM and LIE- his or her spouse, the plan allows for amendment, as written, is actuarially BERMAN, I offer an amendment which the spouse to continue to receive a per- sound. As I understand it, that means clarifies the current statutory limita- centage of the retiree’s income benefit. that this amendment requires the Sec- tions with regard to the reimburse- This is a program that truly works for retary of Defense to set premiums for ment of executive compensation under our retirees, those who dedicated a those who enroll during the proposed Government contracts. large portion of their lives to the serv- open season so that these individuals The PRESIDING OFFICER. The ice of their country, and I strongly sup- pay back amounts equal to the clerk will report the amendment. port its continuation. amounts they would have paid had The assistant legislative clerk read In the past, Congress has understood they enrolled upon retirement. as follows: that changes occur in the lives of mili- According to DOD, this amendment The Senator from South Carolina [Mr. tary retirees and has tailored the Sur- is not unfair in a monetary sense to THURMOND], for Mr. THOMPSON, for himself, vivor Benefit Program accordingly. Re- those who enrolled upon retirement Mr. GLENN, Mr. THURMOND, Mr. LEVIN, Mr. tirement from the military is unlike and have been paying premiums into SANTORUM and Mr. LIEBERMAN, proposes an retirement from any other type of em- this program since that time. amendment numbered 2755. ployment. Military personnel generally Nonetheless, I still have several con- The amendment is as follows: retire in their late 30s or early 40s. cerns. This amendment would allow all At the end of title VIII, add the following: They spend a large portion of their retirees, regardless of the state of their SEC. 812. SENIOR EXECUTIVES COVERED BY LIMI- lives in military retirement. During health, to buy into the program and, in TATION ON ALLOWABILITY OF COM- PENSATION FOR CERTAIN CON- this period, their lives can change sig- effect, purchase annuities for their TRACTOR PERSONNEL. nificantly. The circumstances in which spouses that could cover any number of (a) DEFENSE CONTRACTS.—Section 2324(l)(5) they found themselves at the time of years. Even though the Department be- of title 10, United States Code, is amended to their retirement may be dramatically lieves the amendment to be actuarially read as follows:

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 19, 1998 CONGRESSIONAL RECORD — SENATE S6679 ‘‘(5) The term ‘senior executive’, with re- Mr. THURMOND. I move to lay that Mr. THURMOND. I move to lay that spect to a contractor, means the five most motion on the table. motion on the table. highly compensated employees in manage- The motion to lay on the table was The motion to lay on the table was ment positions at each home office and seg- agreed to. agreed to. ment of the contractor.’’. AMENDMENT NO. 2756 (b) NON-DEFENSE CONTRACTS.—Section AMENDMENT NO. 2757 306(m)(2) of the Federal Property and Admin- (Purpose: To apply certain revisions of com- (Purpose: To prevent the automatic applica- istrative Services Act of 1949 (41 U.S.C. mercial pricing regulations government tion to a subcontract of an exceptional 256(m)(2)) is amended to read as follows: wide) waiver of requirements for submission of ‘‘(2) The term ‘senior executive’, with re- Mr. THURMOND. Mr. President, on cost or pricing data that is granted in the spect to a contractor, means the five most behalf of Senators THOMPSON, GLENN, case of the prime contract) highly compensated employees in manage- THURMOND, LEVIN, SANTORUM, and LIE- Mr. THURMOND. Mr. President, on ment positions at each home office and seg- BERMAN, I offer an amendment which behalf of Senators THOMPSON, GLENN, ment of the contractor.’’. extends to civilian agencies the re- HURMOND EVIN ANTORUM IE (c) CONFORMING AMENDMENT.—Section T , L , S , and L - 39(c)(2) of the Office of Federal Procurement quirements under section 805 of the bill BERMAN, I offer an amendment which Policy Act (41 U.S.C. 435(c)(2)) is amended to to issue regulations clarifying proce- provides specific authority for the read as follows: dures for establishing reasonableness of heads of Government agencies to waive ‘‘(2) The term ‘senior executive’, with re- the prices charged for sole-sourced requirements for subcontractors to spect to a contractor, means the five most commercial items. provide certified costs and pricing data highly compensated employees in manage- The PRESIDING OFFICER. The under the Truth in Negotiations Act in ment positions at each home office and seg- clerk will report the amendment. exceptional in cases in which prime ment of the contractor.’’. The assistant legislative clerk read contractors are not required to provide Mr. THOMPSON. Mr. President, I as follows: such data. will offer three technical amendments The Senator from South Carolina [Mr. The PRESIDING OFFICER. The on behalf of myself as chairman of the THURMOND], for Mr. THOMPSON, for himself, clerk will report the amendment. Governmental Affairs Committee and Mr. GLENN, Mr. THURMOND, Mr. LEVIN, Mr. SANTORUM, and Mr. LIEBERMAN, proposes an The assistant legislative clerk read Senator GLENN, the Committee’s rank- amendment numbered 2756. as follows: ing minority member, and Senators The Senator from South Carolina [Mr. THURMOND, LEVIN, SANTORUM, and LIE- The amendment is as follows: THURMOND], for Mr. THOMPSON, for himself, BERMAN. Senator GLENN and I thank Beginning on page 162, strike out line 23 Mr. GLENN, Mr. THURMOND, Mr. LEVIN, Mr. the chairman and ranking member of and all that follows through ‘‘that clarify’’ on page 163, line 2, and insert in lieu thereof SANTORUM, and Mr. LIEBERMAN, proposes an the Armed Services Committee for the following: amendment numbered 2757. their cooperation and assistance in pre- ‘‘or subsection (b)(1)(B) of section 304A of the The amendment is as follows: paring these amendments which will Federal Property and Administrative Serv- At the end of title VIII, add the following: benefit not only the procurement proc- ices Act of 1949 (41 U.S.C. 254b), from the re- quirements for submission of certified cost SEC. 812. SEPARATE DETERMINATIONS OF EX- ess within the Department of Defense, CEPTIONAL WAIVERS OF TRUTH IN but other agencies across the Federal or pricing data under that section. NEGOTIATION REQUIREMENTS FOR Government as well. ‘‘(c) COMMERCIAL PRICING REGULATIONS.— PRIME CONTRACTS AND SUB- (1) The Federal Acquisition Regulation CONTRACTS. EXECUTIVE COMPENSATION issued in accordance with sections 6 and 25 of The National Defense Authorization (a) DEFENSE PROCUREMENTS.—Section the Office of Federal Procurement Policy 2306a(a)(5) of title 10, United States Code, is Act for Fiscal Year 1998 included a pro- Act shall be revised to clarify’’. amended to read as follows: vision prohibiting executive agencies Mr. THOMPSON. Mr. President, sec- ‘‘(5) A waiver of requirements for submis- from reimbursing the salaries (in cost- tion 805 of the bill contains the ‘‘De- sion of certified cost or pricing data that is type contracts) of contractors’ senior fense Commercial Pricing Management granted under subsection (b)(1)(C) in the case executives in excess of the median in- Improvement Act,’’ which is designed of a contract or subcontract does not waive come for senior executives in all pub- to improve DoD’s management prac- the requirement under paragraph (1)(C) for licly-traded corporations ($340,000 per tices and help address the spare parts submission of cost or pricing data in the case of subcontracts under that contract or sub- year). The provision was intended to pricing problems identified in the apply to the five most highly-paid ex- contract unless the head of the agency con- Armed Services Subcommittee on Ac- cerned determines that the requirement ecutives of a defense contractor, and of quisition & Technology hearing on under that paragraph should be waived in each division of the contractor. How- March 18. Among other things, section the case of such subcontracts and justifies in ever, the provision caused unnecessary 805 would require the Secretary of De- writing the reasons for the determination.’’. confusion as to which contractor offi- fense to issue regulations clarifying (b) NON-DEFENSE PROCUREMENTS.—Section cials were covered, because it used the procedures and methods to be used 304A(a)(5) of the Federal Property and Ad- terms that are not currently defined in in determining the reasonableness of ministrative Services Act of 1949 (41 U.S.C. statute or regulation. 254b(a)(5)) is amended to read as follows: prices charged for sole-source commer- ‘‘(5) A waiver of requirements for submis- The proposed amendment would ad- cial items. dress this problem by defining ‘‘senior sion of certified cost or pricing data that is The amendment would provide that granted under subsection (b)(1)(C) in the case executives’’ of a contractor as ‘‘the five the regulations should be issued on a of a contract or subcontract does not waive most highly compensated employees in government-wide basis, as a part of the the requirement under paragraph (1)(C) for management positions at each home Federal Acquisition Regulation and ap- submission of cost or pricing data in the case office and segment of the contractor.’’ plicable to all federal procurements, of subcontracts under that contract or sub- The terms ‘‘home office’’ and ‘‘seg- rather than being issued by the Sec- contract unless the head of the executive ment’’ are defined in regulation (sub- retary of Defense and applicable only agency concerned determines that the re- part 31.001 of the Federal Acquisition to DoD procurements. This change is quirement under that paragraph should be Regulation and Cost Accounting waived in the case of such subcontracts and consistent with the Senate’s ten-year justifies in writing the reasons for the deter- Standard 403–30(a)) and are understood effort to place DoD and civilian agency mination.’’. by both government and private sector procurements on an equal statutory Mr. THOMPSON. Mr. President, the procurement officials. footing. Mr. LEVIN. The amendment has been Mr. LEVIN. The amendment has been Truth In Negotiations Act authorizes cleared on this side. cleared on this side. agencies to waive the requirement for Mr. THURMOND. I urge the Senate Mr. THURMOND. I urge the Senate contractors to provide certified cost or adopt the amendment. adopt the amendment. pricing data in ‘‘exceptional cir- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without cumstances.’’ Under current law, how- objection, the amendment is adopted. objection, the amendment is adopted. ever, a subcontractor under a contract The amendment (No. 2755) was agreed The amendment (No. 2756) was agreed or subcontract for which an excep- to. to. tional circumstances waiver has been Mr. LEVIN. Mr. President, I move to Mr. LEVIN. Mr. President, I move to granted may still be subject to the re- reconsider the vote by which the reconsider the vote by which the quirement to provide certified cost or amendment was agreed to. amendment was agreed to. pricing data.

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6680 CONGRESSIONAL RECORD — SENATE June 19, 1998 The administration has requested a The PRESIDING OFFICER. Without Mr. DEWINE. Mr. President, the change to this law to provide that ex- objection, the amendment is adopted. amendment I am offering today on be- ceptional circumstances waivers ex- The amendment (No. 2757) was agreed half of myself and my colleague from tend not only to a contract or sub- to. Oklahoma, Mr. INHOFE, is a very sim- contract, but also to subcontractors Mr. THURMOND. Mr. President, I ple, straightforward amendment. It under that contract or subcontract. move to reconsider the vote by which would simply require that all Defense The proposed amendment would give the amendment was agreed to. Department physicians have unre- agencies the authority to grant waiv- Mr. LEVIN. I move to lay that mo- stricted licenses in order to practice ers that extend to subcontractors tion on the table. medicine. In addition, our amendment under a contract or subcontract, but The motion to lay on the table was would require the Department of De- would not require that they do so in agreed to. fense to set up a monitoring system to every case. In addition, it would make AMENDMENT NO. 2758 ensure that military physicians obtain a technical change to correct a section (Purpose: To amend title 10, United States continuing medical education in his or reference. Code, to require physicians providing mili- her specialty. This amendment is about At the same time, the sponsors of the tary health care to possess unrestricted li- ensuring that the men and women of amendment are concerned by some of censes, and to require the establishment of our armed forces, as well as their fami- the statements made by the Adminis- a system for monitoring the satisfaction of lies, are guaranteed a physician corps tration in submitting the proposed applicable continuing medical education that meets the same professional amendment. The section-by-section requirements the satisfaction by those standards of civilian practitioners. analysis of the Administration pro- physician) posal contains the following state- Mr. THURMOND. Mr. President, on A number of individuals deserve cred- it for this initiative. First, I commend ments: behalf of Senators DEWINE and INHOFE, The Federal Acquisition Streamlining Act I offer an amendment that requires my friend and colleague from Spring- revised [the Truth in Negotiations Act] to physicians to possess unrestricted med- field, Ohio, Congressman DAVE HOBSON. permit the head of the procuring activity to ical licenses and requires the Secretary Congressman HOBSON is one of the true grant waivers, rather than the head of the of Defense to establish a mechanism to best friends of our military families, agency. In response to the legislative and he has been a true leader in Con- change, the Federal Acquisition Regulation ensure military physicians meet the continuing education requirements for gress to ensure these families have was revised to encourage the use of waivers available to them a high quality health when the contracting officer can determine their State license. the contract price to be fair and reasonable The PRESIDING OFFICER. The care system. He is the lead sponsor of without the submission of cost or pricing clerk will report the amendment. similar legislation in the House of Rep- data. As a result, more waivers are being The assistant legislative clerk read resentatives, along with thirteen of his granted today than previously. as follows: colleagues. If the government does not require cer- The Senator from South Carolina [Mr. Congressman HOBSON is not the only tified cost or pricing data from a prime con- one from the Dayton area that has tractor because contract price can be deter- THURMOND], for Mr. DEWINE, for himself, and mined to be fair and reasonable without the Mr. INHOFE, proposes an amendment num- shown an interest in health care qual- submission of such data, then it should be bered 2758. ity for military families. Last October, presumed that there is no need to collect the The amendment is as follows: a series of articles were written by the data from lower tiers. At the end of title VII, add the following: Dayton Daily News on the quality of The sponsors disagree with the impli- SEC. . PROFESSIONAL QUALIFICATIONS OF PHY- military health care. cation that a waiver is appropriate SICIANS PROVIDING MILITARY One particular issue highlighted in whenever a contracting officer thinks HEALTH CARE. this series involved the license require- that he can determine the contract (a) REQUIREMENT FOR UNRESTRICTED LI- ments for doctors who practice medi- price to be fair and reasonable without CENSE.—Section 1094(a)(1) of title 10, United cine at military facilities. While civil- the submission of cost or pricing data. States Code, is amended by adding at the end ian doctors hold a license in the state the following: ‘‘In the case of a physician, The Truth In Negotiations Act, as the physician may not provide health care as where they practice, military physi- amended, still specifies that a waiver a physician under this chapter unless the cians can hold a license from one state may be granted only in ‘‘exceptional current license is an unrestricted license and practice medicine in U.S. military circumstances.’’ that is not subject to limitation on the scope facilities in all fifty states and around It is the view of the sponsors that the of practice ordinarily granted to other physi- the world. This exemption is needed ob- term ‘‘exceptional circumstances’’ re- cians for a similar specialty by the jurisdic- viously because military doctors fre- quires more than the mere belief of the tion that granted the license.’’. quently are transferred to other facili- contracting officer that it may be pos- (b) SATISFACTION OF CONTINUING MEDICAL ties. EDUCATION REQUIREMENTS.—(1) Chapter 55 of sible to determine the contract price to That general requirement makes be fair and reasonable without the sub- title 10, United States Code, is amended by inserting after section 1094 the following new good sense. After all, it is impractical mission of cost or pricing data. For ex- section: to have more than 13,000 military doc- ample, a waiver may be appropriate in ‘‘§ 1094a. Continuing medical education re- tors applying and testing for a new li- circumstances where it would be pos- quirements: system for monitoring physi- cense every time they move, which can sible to determine price reasonableness cian compliance average one move for every two to without the submission of cost or pric- ‘‘The Secretary of Defense shall establish a three years, and does not include the ing data and the contracting officer de- mechanism for ensuring that each person possibility of no notice deployments termines that it would not be possible under the jurisdiction of the Secretary of a and yearly exercises. Two of the key to enter a contract with a particular military department who provides health requirements of military health care is contractor in the absence of a waiver. care under this chapter as a physician satis- mobility and flexibility, and both must The amendment would give agencies fies the continuing medical education re- remain to be the case. the flexibility to extend exceptional quirements applicable to the physician.’’. circumstances waivers to subcontrac- (2) The table of sections at the beginning of Generally, the system works well. tors when it is appropriate to do so. such chapter is amended by adding at the Unfortunately, one state has been of- However, it is the expectation of the end the following new item: fering ‘‘special’’ licenses for doctors sponsors that the executive branch will ‘‘1094a. Continuing medical education re- practicing at mental institutions, In- clarify the circumstances in which an quirements: system for moni- dian reservations, and military facili- toring physician compliance.’’. ‘‘exceptional circumstances’’ waiver ties. may be granted, consistent with the (c) EFFECTIVE DATES.—(1) The amendment The Dayton Daily News reported last made by subsection (a) shall take effect on understanding of Congress, as ex- year that 77 military doctors received October 1, 1998. ‘‘special’’ medical licenses, which were pressed in this statement. (2) The system required by section 1094a of Mr. LEVIN. The amendment has been title 10, United States Code (as added by sub- easier to obtain and has less rigorous cleared on this side, Mr. President. section (b)), shall take effect on the date testing requirements. In essence, the Mr. THURMOND. I urge the Senate that is three years after the date of the en- ‘‘special’’ license lowered the level of adopt the amendment. actment of this Act. standardized competency.

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 19, 1998 CONGRESSIONAL RECORD — SENATE S6681 The amendment I introduced today supports your proposed amendment that SEC. 1055. ELIGIBILITY FOR ATTENDANCE AT DE- will eliminate this loop hole. Specifi- would place into law the requirement that PARTMENT OF DEFENSE DOMESTIC DEPENDENT ELEMENTARY AND SEC- cally, it will require the Defense De- all military physicians must possess an unre- stricted license to practice medicine. The ONDARY SCHOOLS. partment to have their physicians (a) MILITARY DEPENDENTS.—Subsection (a) discovery earlier this year, by members of of section 2164 of title 10, United States Code, carry a current ‘‘unrestricted’’ license. the media, that military physicians with re- is amended— To their credit, our armed forces, stricted licenses were providing medical care (1) by designating the first sentence as through the regulatory process, al- to service members, military retirees, and paragraph (1); ready are moving toward the very same their family members created significant (2) by designating the second sentence as goals of this legislation. Our amend- concerns within the military beneficiary paragraph (2); and community. The fact that the current Sur- ment simply codifies in the law this (3) by adding at the end of paragraph (2), as geons General and the Acting Assistant Sec- basic requirement—to ensure that so designated, the following: ‘‘The Secretary retary of Defense for Health Affairs was un- there is a minimum standard of profes- may also permit a dependent of a member of aware of this situation was most troubling. sional competency. the armed forces to enroll in such a program Just as important, under our amend- NMFA is aware that the Department of De- if the dependent is residing in such a juris- ment, the mobility and flexibility of fense has instituted policies to require unre- diction, whether on or off a military instal- military health care would be main- stricted licenses of their military physicians, lation, while the member is assigned away but feel it important that this initiative is from that jurisdiction on a remote or unac- tained by allowing the ‘‘unrestricted’’ incorporated into law. Since present mili- license to be issued by any state, but it companied assignment under permanent tary health care leaders were unaware of the change of station orders.’’. will not be a ‘‘specialized’’ license that restricted license situation, NMFA fears that (b) EMPLOYEE DEPENDENTS.—Subsection would be able to circumnavigate pro- corporate memory could again become (c)(2) of such section is amended by striking ficiency standards. blurred and a repeat of the problem could out subparagraph (B) and inserting in lieu Military personnel and their families occur. thereof the following: deserve to have the peace of mind that NMFA very much appreciates your concern ‘‘(B) The Secretary may extend the enroll- no matter where they are stationed, or for military families and your interest in as- ment of a dependent referred to in subpara- where they are treated, they will re- suring them of the quality of the physicians graph (A) in the program for more than five consecutive school years if the Secretary de- ceive the same level of competent within the military health care system. Sincerely, termines that the dependent is eligible under health care. JAMES M. MUTTER, paragraph (1), space is available in the pro- This amendment, Mr. President, Colonel, USMC (Ret), President. gram, and adequate arrangements are made gives military personnel and their fam- for reimbursement of the Secretary for the ilies this peace of mind. Mr. DEWINE. Mr. President, I urge costs to the Secretary of the educational I am pleased that our amendment has my colleagues to support this impor- services provided for the dependent. An ex- the support of the National Military tant quality of life initiative for our tension shall be for only one school year, but military personnel and their families. the Secretary may authorize a successive ex- Families Association (NFMA) and the tension each year for the next school year American Association of Physician Mr. LEVIN. The amendment has been upon making the determinations required Specialists (AAPS). I ask unanimous cleared on this side, Mr. President. under the preceding sentence for that next consent that the letters of support for Mr. THURMOND. I urge the Senate school year.’’. this amendment from NFMA and AAPS adopt the amendment. (c) CUSTOMS SERVICE EMPLOYEE DEPEND- ENTS IN PUERTO RICO.—(1) Subsection (c) of be printed in the RECORD. The PRESIDING OFFICER. Without There being no objection, the letters such section is further amended by adding at objection, the amendment is agreed to. the end the following: were ordered to be printed in the The amendment (No. 2758) was agreed ‘‘(4)(A) A dependent of a United States Cus- RECORD, as follows: to. toms Service employee who resides in Puerto AAPS, AMERICAN ASSOCIATION OF Rico but not on a military installation may PHYSICIAN SPECIALISTS, INC., Mr. LEVIN. Mr. President, I move to enroll in an educational program provided by Atlanta, GA, May 14, 1998. reconsider the vote by which the the Secretary pursuant to subsection (a) in Hon. MIKE DEWINE, amendment was agreed to. Puerto Rico. U.S. Senate, 140 Russell Senate Office Building, Mr. THURMOND. I move to lay that ‘‘(B) Notwithstanding the limitation on du- ration of enrollment set forth in paragraph Washington, DC. motion on the table. DEAR SENATOR DEWINE: On behalf of the (2), a dependent described in subparagraph American Association of Physician Special- The motion to lay on the table was (A) who is enrolled in an education program ists (AAPS), I am writing to express our sup- agreed to. described in that subparagraph may be re- moved from the program only for good cause port for your proposed amendment to the De- AMENDMENT NO. 2759 fense Authorization Bill, S. 2057, regarding (as determined by the Secretary). No re- providing military health care. As a national (Purpose: To clarify the eligibility of depend- quirement under that paragraph for reim- organization representing thousands of phy- ents of United States Customs Service em- bursement of the Secretary for the costs of sicians in all specialties and types of prac- ployees to enroll in Department of Defense educational services provided for the depend- tices throughout the United States, AAPS is dependents schools in Puerto Rico) ent shall apply with respect to the depend- ent. deeply concerned with the issue of profes- Mr. THURMOND. Mr. President, on ‘‘(C) In the event of the death in the line of sional standards and qualifications for physi- behalf of Senator GRASSLEY, I offer an duty of an employee described in subpara- cians in practice areas. AAPS was founded in amendment that clarifies that children graph (A), a dependent of the employee may 1952 to provide a clinically recognized mech- of U.S. Customs Service agents as- remain enrolled in an educational program anism for specialty certification of physi- signed in Puerto Rico can attend DOD described in that subparagraph until— cians with advanced training. As the admin- ‘‘(i) the end of the academic year in which istrative home for 12 approved Boards of Cer- dependent school without regard to any time limits, and that if the agent the death occurs; or tification, AAPS strives daily to ensure the ‘‘(ii) the dependent is removed for good availability of verifiably trained, certified is killed in the line of duty, the depend- cause (as so determined).’’. physicians to provide quality health care to ents can remain enrolled in the DOD (2) The amendment made by paragraph (1) both military personnel, and the civilian schools during the school year in which shall take effect on the date of enactment of population. the agent was killed, and that DOD this Act and apply to academic years begin- We thank you for your attention to this cannot charge the Customs Service tui- ning on or after that date. important issue, and offer our support and services, should our expertise be of any as- tion for these students. Mr. GRASSLEY. Mr. President, I sistance. The PRESIDING OFFICER. The would like to draw attention to a prob- Sincerely, clerk will report the amendment. lem in our drug control program. It WILLIAM J. CARBONE, The assistant legislative clerk read concerns something that the Depart- Executive Director. as follows: ment of Defense (DoD) is not doing. And frankly it’s embarrassing. Today, NMFA, NATIONAL The Senator from South Carolina [Mr. the men and women of federal law en- MILITARY FAMILY ASSOCIATION, THURMOND], for Mr. GRASSLEY, proposes an forcement constantly put their lives at Alexandria, VA, May 13, 1998. amendment numbered 2759. risk in an effort to fight the increasing Hon. MIKE DEWINE, The amendment is as follows: U.S. Senate, Washington, DC. flow of illicit drugs into our country. DEAR SENATOR DEWINE: The National Mili- Strike out section 1055, and insert in lieu Not only do we face the threat of an in- tary Family Association (NMFA) strongly thereof the following: crease of drugs in our children’s

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6682 CONGRESSIONAL RECORD — SENATE June 19, 1998 schools and on our streets, but our law difficulty in recruiting, and the nega- The amendment is as follows: enforcement officers continue to face a tive affect this policy is having on At the appropriate place in title XXVIII, rising tide of violence at our borders their employees and families (over 150 insert the following: and in our cities as a result of the drug children of Customs employees are cur- SEC. 28l. REPORT AND REQUIREMENT RELAT- trade. We continue to see the flow of rently enrolled in the program), I ING TO ‘‘1 PLUS 1 BARRACKS INITIA- narcotics across the Southern tier of would like to see a swift solution to TIVE’’. the U.S. to include Puerto Rico. Law (a) REPORT.—Not later than 180 days after these problems. the date of enactment of this Act, the Sec- enforcement personnel and their com- Recently, a Customs Special Agent retary of Defense shall, in consultation with mitment to the mission to fight the was killed in an accident while assist- the Secretaries of the military departments, war on drugs work many long hours, ing the U.S. Secret Service on a Presi- submit to Congress a report on the costs and sometimes late into the evening and dential detail that highlights another benefits of implementing the initiative to are subject to changes in their sched- problem. My legislation will also ad- build single occupancy barracks rooms with ules at a moments notice. The families dress a concern raised by this case. It a shared bath, the so-called ‘‘1 plus 1 bar- of these officers also feel the pressures happens that the children of this agent racks initiative’’. of the job they perform. This brings me currently attend classes in the DoD (b) ELEMENTS.—The report under sub- section (a) shall include the following: to the point I would like to make. school. It is my understanding, that a special exception from the Secretary of (1) A justification for the initiative re- The front lines of the U.S. Customs ferred to in subsection (a), including a de- Service are not just a problem of gun- Defense was necessary in order for scription of the manner in which the initia- toting drug thugs. They face more than these children to continue in the DoD tive is designed to assure the retention of long hours and risky situations. While school program for the remainder of first-term enlisted members of the Armed they deal with all these things, they the school year. DoD has dragged its Forces in adequate numbers. must shoulder the additional burden of feet. My amendment will deal with this (2) A description of the experiences of the coping with bureaucratic bumbledom. and similar situations. military departments with the retention of This added load is a result of DoD offi- My staff has tried to work out a deal, first-term enlisted members of the Armed But DoD has not been very responsive. Forces, including— ciousness and unwillingness to cooper- (A) a comparison of such experiences be- ate. The language of instruction in I personally wrote the Secretary of De- fense to work out a solution. I got a re- fore implementation of the initiative with Puerto Rico public schools is Spanish such experiences after implementation of the sponse from a low-level bureaucrat who and not English. Therefore, the only af- initiative; and fordable English-language school op- responded just like, well, a bureaucrat. (B) an analysis of the basis for any change It is my understanding that the only tion for U.S. Customs’ personnel is the in retention rates of such members that has answer from DoD is, ‘‘nothing can be DoD school. However, current legisla- arisen since implementation of the initia- done’’, I am told that the only solution tion and DoD policy is creating a hard- tive. is to ‘‘change the legislation’’. (3) Any information indicating that the ship for Customs’ employees and their This amendment is essential in order lack of single occupancy barracks rooms families. This unnecessarily affects our to address the current problems that I with a shared bath has been or is the basis of counter-drug efforts by undermining have described for these employees and the decision of first-term members of the morale. their families and I look forward to Armed Forces not to reenlist in the Armed It is my understanding that the chil- working with you to ensure that our ef- Forces. dren of these law enforcement per- (4) Any information indicating that the forts to protect our country from illicit lack of such barracks rooms has hampered sonnel have been attending DoD drugs is effective and adequately sup- schools in Puerto Rico for more than 20 recruitment for the Armed Forces or that ported. I hope that my colleagues will the construction of such barracks rooms years. Throughout the years, changes look at this legislation and join me in would substantially improve recruitment. in legislation and DoD policy have supporting this. It is enough of a bur- (5) The cost for each Armed Force of imple- placed numerous restrictions on Cus- den on the families of the dedicated menting the initiative, including the amount toms and other Federal civilian agen- men and women who labor to protect of funds obligated or expended on the initia- cies. Customs has recently augmented our borders without further weighing tive before the date of enactment of this Act its workforce in Puerto Rico under its them down with senseless red tape. and the amount of funds required to be ex- Operation Gateway initiative in light Mr. LEVIN. The amendment has been pended after that date to complete the ini- of the continuing and heightened cleared on this side. tiative. Mr. THURMOND. I urge the Senate (6) The views of each of the Chiefs of Staff threat of narcotics smuggling and of the Armed Forces regarding the initiative money laundering in the Caribbean adopt the amendment. and regarding any alternatives to the initia- Basin. I supported this initiative. This The PRESIDING OFFICER. Without tive having the potential of assuring the re- session I will also stress the need for objection, the amendment is adopted. tention of first-term enlisted members of the better coordination of our interdiction The amendment (No. 2759) was agreed Armed Forces in adequate numbers. strategy, particularly the need to de- to. (7) A cost-benefit analysis of the initiative. velop a ‘‘Southern Tier’ concept. This Mr. THURMOND. Mr. President, I (c) LIMITATION ON FY 2000 FUNDING RE- initiative will strive to focus resources move to reconsider the vote by which QUEST.—The Secretary of Defense may not submit to Congress any request for funding in a more comprehensive way to pro- the amendment was agreed to. Mr. LEVIN. I move to lay that mo- for the so-called ‘‘1 plus 1 barracks initia- tect our southern frontier. Puerto Rico tion on the table. tive’’ in fiscal year 2000 unless the Secretary is crucial to this strategy. Current leg- The motion to lay on the table was certifies to Congress that further implemen- islation and DoD’s policy requirements agreed to. tation of the initiative is necessary in order are, however, obstacles to the effective to assure the retention of first-term enlisted AMENDMENT NO. 2760 implementation of this aggressive en- members of the Armed Forces in adequate (Purpose: Relating to the so-called ‘‘1 plus 1 numbers. forcement initiative in terms of re- barracks initiative’’) cruitment and retention of Customs Mr. THURMOND. Mr. President, on Mr. LEVIN. The amendment has been cleared on this side. employers because as I stated earlier, behalf of Senator ROBERTS, I offer an there are no English speaking public amendment which requires the Sec- Mr. THURMOND. I urge the Senate schools in Puerto Rico. retary of Defense to report on the adopt the amendment. I think it is ridiculous that Customs’ ‘‘One-Plus-One’’ barracks standard and The PRESIDING OFFICER. Without efforts in Puerto Rico—the men and certify that it is necessary in order to objection, the amendment is adopted. women who deal daily with difficult assure retention of first-term enlisted The amendment (No. 2760) was agreed and dangerous situations—should find personnel of the Armed Forces. to. their attention distracted by some- The PRESIDING OFFICER. The Mr. LEVIN. Mr. President, I move to thing like this. clerk will report the amendment. reconsider the vote by which the The U.S. Customs Service interdicts The assistant legislative clerk read amendment was agreed to. more drugs than any other Govern- as follows: Mr. THURMOND. I move to lay that ment Agency. Based on the size of the The Senator from South Carolina [Mr. motion on the table. workforce of Customs in Puerto Rico, THURMOND], for Mr. ROBERTS, proposes an The motion to lay on the table was their critical law enforcement mission, amendment numbered 2760. agreed to.

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 19, 1998 CONGRESSIONAL RECORD — SENATE S6683 AMENDMENT NO. 2761 The amendment is as follows: The assistant legislative clerk read (Purpose: To express the sense of Congress At the end of title VIII, add the following: as follows: that a higher priority should be given drug SEC. 812. FIVE-YEAR AUTHORITY FOR SEC- The Senator from Michigan [Mr. LEVIN] for interdiction and counterdrug activities of RETARY OF THE NAVY TO EX- Mr. GRAHAM proposes an amendment num- the Department of Defense under the glob- CHANGE CERTAIN ITEMS. bered 2763. al Military Force Policy) (a) BARTER AUTHORITY.—The Secretary of The amendment is as follows: Mr. LEVIN. Mr. President, on behalf the Navy may enter into a barter agreement At the end of title IX, add the following: of Senators GRAHAM, DEWINE, and to exchange trucks and other tactical vehi- SEC. 908. CENTER FOR HEMISPHERIC DEFENSE RASSLEY cles for the repair and remanufacture of rib- G , I offer an amendment which STUDIES. expresses the sense of the Congress bon bridges for the Marine Corps in accord- ance with section 201(c) of the Federal Prop- (a) FUNDING FOR CENTER FOR HEMISPHERIC that the Department of Defense should erty and Administrative Services Act of 1949 DEFENSE STUDIES.—(1) Chapter 108 of title 10, raise its priority of counternarcotics so (40 U.S.C. 481(c)), except that the require- United States Code, is amended by adding at that it is at the same level as peace- ment for items exchanged under that section the end the following: keeping operations. to be similar items shall not apply to the au- ‘‘§ 2166. National Defense University: funding The PRESIDING OFFICER. The thority under this subsection. of component institution clerk will report the amendment. (b) PERIOD OF AUTHORITY.—The authority ‘‘Funds available for the payment of per- The assistant legislative clerk read to enter into agreements under subsection sonnel expenses under the Latin American as follows: (a) and to make exchanges under any such cooperation authority set forth in section agreement is effective during the 5-year pe- The Senator from Michigan [Mr. LEVIN], 1050 of this title are also available for the riod beginning on October 1, 1998, and ending costs of the operation of the Center for Hem- for Mr. GRAHAM, for himself, Mr. DEWINE, at the end of September 30, 2003. and Mr. GRASSLEY, proposes an amendment ispheric Defense Studies.’’. numbered 2761. Mr. SANTORUM. Mr. President, this (2) The table of sections at the beginning of amendment to S. 2057, the Fiscal Year such chapter is amended by adding at the The amendment is as follows: end the following: At the end of subtitle D of title III, add the 1999 Defense Authorization Act, pro- vides authority for the United States ‘‘2166. National Defense University: fund- following: ing of component institution.’’ Marine Corps to enter into a barter SEC. 334. SENSE OF CONGRESS REGARDING PRI- (b) CONFORMING AMENDMENT.—Section 1050 ORITY OF DRUG INTERDICTION AND agreement with a commercial entity of title 10, United States Code, is amended by COUNTERDRUG ACTIVITIES. for the purpose of allowing existing inserting ‘‘Secretary of Defense or the’’ be- It is the sense of Congress that the Sec- Marine Corps ribbon bridges to be re- fore ‘‘Secretary of a military department’’. retary of Defense should revise the Global manufactured into an Improved Ribbon Military Force Policy of the Department of Mr. LEVIN. Mr. President, I believe Defense— Bridge configuration. this amendment has been cleared by (1) to treat the international drug interdic- The Marine Corps has 250 bays the other side. tion and counter-drug activities of the de- [length] of ribbon bridge, of which 180 Mr. THURMOND. Mr. President, the partment as a military operation other than require repair. The ribbon bridge is the amendment has been cleared by this war, thereby elevating the priority given Marine Corps’ only floating bridge ca- side. such activities under the policy to the next pability and is used to allow vehicles to Mr. LEVIN. Mr. President, I urge priority below the priority given to war cross streams and gullies. The ribbon that the Senate adopt this amendment. under the policy and to the same priority as bridge bays used by the Marine Corps is given to peacekeeping operations under The PRESIDING OFFICER. Without the department to drug interdiction and are approximately 20 years old. Due to objection, the amendment is agreed to. counter-drug activities in accordance with limited fiscal resources and higher pri- The amendment (No. 2763) was agreed the priority given those activities. orities, it is unlikely that the ribbon to. Mr. LEVIN. Mr. President, I believe bridge upgrade will successfully com- Mr. LEVIN. I move to reconsider the the amendment has been cleared by the pete for funding. vote. other side. It is my understanding that a re- Mr. THURMOND. I move to lay that Mr. THURMOND. Mr. President, the manufacture of these existing bridges motion on the table. amendment has been cleared. to the Improved Ribbon Bridge configu- The motion to lay on the table was The PRESIDING OFFICER (Mr. GOR- ration will provide an additional 15–20 agreed to. TON). Without objection, the amend- years of service from these bridges. I AMENDMENT NO. 2764 ment is agreed to. am aware that the Marine Corps and (Purpose: To authorize the Secretary of En- The amendment (No. 2761) was agreed Office of the Secretary of Defense sup- ergy to enter into cost-sharing partner- to. ports this amendment. ships to operate the Hazardous Materials Mr. LEVIN. Mr. President, I move to Mr. LEVIN. The amendment has been Management and Emergency Response reconsider the vote by which the cleared, Mr. President. training facility, Richland, Washington.) amendment was agreed to. Mr. THURMOND. I urge the Senate Mr. THURMOND. Mr. President, on Mr. THURMOND. I move to lay that to adopt the amendment. behalf of Senators GORTON and MUR- motion on the table. The PRESIDING OFFICER. Without RAY, I offer an amendment which would The motion to lay on the table was objection, the amendment is agreed to. authorize the Secretary of Energy to agreed to. The amendment (No. 2762) was agreed enter into cost-sharing partnerships to AMENDMENT NO. 2762 to. operate the Hazardous Materials Man- Mr. LEVIN. Mr. President, I move to (Purpose: To authorize the Secretary of the agement and Emergency Response Navy to enter into a barter agreement dur- reconsider the vote by which the training facility in Richland, WA. ing fiscal years 1999 through 2003 to ex- amendment was agreed to. The PRESIDING OFFICER. The change vehicles for repair and remanufac- Mr. THURMOND. I move to lay that clerk will report the amendment. ture of ribbon bridges for the Marine motion on the table. The assistant legislative clerk read Corps) The motion to lay on the table was as follows: Mr. THURMOND. Mr. President, on agreed to. The Senator from South Carolina [Mr. behalf of Senator SANTORUM, I offer an AMENDMENT NO. 2763 THURMOND] for Mr. GORTON, for himself and amendment which authorizes the Sec- (Purpose: To enhance the fiscal position of Mrs. MURRAY, proposes an amendment num- retary of the Navy to enter into a bar- the Center for Hemispheric Defense Stud- bered 2764. ter agreement involving the exchange ies for meeting the increasing responsibil- The amendment is as follows: of excess trucks for ribbon bridges for ities designated for the Center by the Sec- At the end of subtitle C of title XXXI, in- the Marine Corps. retary of Defense) sert the following: The PRESIDING OFFICER. The Mr. LEVIN. On behalf of Senator SEC. 3137. COST-SHARING FOR OPERATION OF clerk will report the amendment. GRAHAM of Florida, I offer an amend- THE HAZARDOUS MATERIALS MAN- ment that would enhance the fiscal po- AGEMENT AND EMERGENCY RE- The assistant legislative clerk read SPONSE TRAINING FACILITY, RICH- as follows: sition of the Center for Hemispheric LAND, WASHINGTON. The Senator from South Carolina [Mr. Defense Studies. (a) AUTHORITY.—The Secretary of Energy THURMOND], for Mr. SANTORUM, proposes an The PRESIDING OFFICER. The may enter into partnership arrangements amendment numbered 2762. clerk will report the amendment. with Federal and non-Federal entities to

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6684 CONGRESSIONAL RECORD — SENATE June 19, 1998 share the costs of operating the Hazardous program, has obtained certification of high from high school. These are Tier I ap- Materials Management and Emergency Re- school equivalency by meeting State re- plicants. Currently, home schoolers sponse training facility authorized under quirements and passing a State approved have Tier II status, meaning only when section 3140 of the National Defense Author- exam that is administered for the purpose of a recruiter cannot find a Tier I appli- ization Act for Fiscal Year 1995 (Public Law providing an appraisal of the person’s 103–337; 108 Stat. 3088). Such arrangements achievement or performance in the broad cant to fill an opening does a home may include the exchange of equipment and subject matter areas usually required for schooler come up for consideration. services. high school graduates. This is true despite evidence indicating Mr. THURMOND. I believe the (3) For the purposes of this section, a per- that the average home schooled stu- son is a home school diploma recipient if the amendment has been cleared by the dent scores in at least the 80th per- person has received a diploma for completing centile in all subjects on standardized other side. a program of education through the high Mr. LEVIN. The amendment has been tests while the typical public school school level at a home school, without re- student scores around the 50th per- cleared. gard to whether the home school is treated Mr. THURMOND. Mr. President, I as a private school under the law of the centile. This would indicate that home urge that the Senate adopt this amend- State in which located. schoolers complete an educational pro- ment. (c) ANNUAL LIMIT ON NUMBER.—Not more gram at least as rigorous as that of the The PRESIDING OFFICER. Without than 1,250 GED recipients, and not more than average high school student. Why then objection, the amendment is agreed to. 1,250 home school diploma recipients, en- should home schoolers not be placed in listed by an armed force in any fiscal year The amendment (No. 2764) was agreed the same recruiting tier as their high may be treated under the pilot program as school counterparts? to. having graduated from high school with a Mr. LEVIN. I move to reconsider the While the Department of Defense has high school diploma. concerns that home schoolers have vote. (d) PERIOD FOR PILOT PROGRAM.—The pilot Mr. THURMOND. I move to lay that program shall be in effect for five fiscal higher attrition rates than other Tier I motion on the table. years beginning on October 1, 1998. candidates, there is not a significant The motion to lay on the table was (e) REPORT.—(1) Not later than February 1, enough body of evidence to support 2004, the Secretary of Defense shall submit a agreed to. these claims. Certainly, retaining sol- report on the pilot program to the Com- diers is a large concern for all services. AMENDMENT NO. 2765 mittee on Armed Services of the Senate and However, due to their Tier II status, (Purpose: To add home school diploma re- the Committee on National Security of the very few home schoolers have been re- cipients to the pilot program for treating House of Representatives. GED recipients as high school graduates (2)(A) The report shall include the assess- cruited into the military over the past for enlistment purposes) ment of the Secretary of Defense, and any ten years. Accordingly, no valid statis- Mr. THURMOND. Mr. President, on assessment of any of the Secretaries of the tical sample exists demonstrating behalf of Senator COVERDELL, I offer an military departments, regarding the value home schoolers’ attrition rates. It is amendment that would add home of, and any necessity for, authority to treat the intent of my amendment to estab- GED recipients and home school diploma re- lish a valid statistical sample of attri- schooling graduates to a pilot program cipients as having graduated from high in which they would be permitted to tion rates for home schoolers upon school with a high school diploma for the which the Armed Services can make a enlist in the military services as if purpose of determining the eligibility of they possessed a high school diploma. those persons to enlist in the Armed Forces. more educated assessment of its tier The PRESIDING OFFICER. The (B) The Secretary shall also set forth in assignments. clerk will report the amendment. the report, by armed force for each fiscal Mr. President, the Armed Forces in The assistant legislative clerk read year of the pilot program, a comparison of recent years have experienced recruit- as follows: the performance of the persons who enlisted ing problems. While they actively work in that armed force during the fiscal year as to address these issues I believe Con- The Senator from South Carolina [Mr. GED or home school diploma recipients gress should also look at possible solu- THURMOND] for Mr. COVERDELL, proposes an treated under the pilot program as having tions. My amendment is an attempt to amendment numbered 2765. graduated from high school with a high The amendment is as follows: school diploma with the performance of the do just that. I offer today not only an opportunity for home schoolers, but an Strike out section 529, and insert in lieu persons who enlisted in that armed force thereof the following: during the same fiscal year after having opportunity for the military to explore graduated from high school with a high fully a new recruiting tool. SEC. 529. PILOT PROGRAM FOR TREATING GED AND HOME SCHOOL DIPLOMA RE- school diploma, with respect to the fol- Mr. THURMOND. I believe the CIPIENTS AS HIGH SCHOOL GRAD- lowing: amendment has been cleared by the UATES FOR DETERMINATIONS OF (i) Attrition. other side. ELIGIBILITY FOR ENLISTING IN THE (ii) Discipline. Mr. LEVIN. The amendment has been ARMED FORCES. (iii) Adaptability to military life. cleared. (a) PROGRAM REQUIRED.—The Secretary of (iv) Aptitude for mastering the skills nec- Mr. THURMOND. Mr. President, I Defense shall establish a pilot program to as- essary for technical specialties. sess whether the Armed Forces could better (v) Reenlistment rates. urge that the Senate adopt this amend- meet recruiting requirements by treating (f) REFERENCE TO NATIONAL GUARD CHAL- ment. GED recipients and home school diploma re- LENGE PROGRAM.—The National Guard Chal- The PRESIDING OFFICER. Without cipients as having graduated from high lenge Program referred to in this section is objection, the amendment is adopted. school with a high school diploma for the a program conducted under section 509 of The amendment (No. 2765) was agreed purpose of determining the eligibility of title 32, United States Code. to. those persons to enlist in the Armed Forces. (g) STATE DEFINED.—In this section, the Mr. LEVIN. I move to reconsider the The Secretary of each military department term ‘‘State’’ has the meaning given that vote. shall administer the pilot program for the term in section 509(l)(1) of title 32, United Mr. THURMOND. I move to lay that armed force or armed forces under the juris- States Code. motion on the table. diction of the Secretary. Mr. COVERDELL. Mr. President, I The motion to lay on the table was (b) ELIGIBLE RECIPIENTS.—(1) Under the rise today to offer an amendment to S. pilot program, a person shall be treated as agreed to. having graduated from high school with a 2057, the Defense Authorization Bill. AMENDMENT NO. 2766 high school diploma for the purpose de- The Defense Authorization bill as cur- (Purpose: To state the sense of the Senate scribed in subsection (a) if the person— rently written contains a section au- regarding oil spill prevention training for (A) has completed a general education de- thorizing a pilot program promoting personnel on board Navy vessels) velopment program while participating in GED recipients to Tier I recruiting sta- Mr. THURMOND. On behalf of Sen- the National Guard Challenge Program and tus for the Armed Forces. My amend- ator GORTON, I offer an amendment is a GED recipient; or ment would simply add graduates of that would express the sense of the (B) is a home school diploma recipient and home schools to this pilot program. Senate that the Secretary of the Navy provides a transcript demonstrating comple- All service branches of the military tion of high school to the military depart- should ensure that appropriate Navy ment involved under the pilot program. have limited openings for recruits. As a personnel assigned to ships are trained (2) For the purposes of this section, a per- result, military recruiters utilize a sys- in oil spill prevention measures. son is a GED recipient if the person, after tem in which they give preference to The PRESIDING OFFICER. The completing a general education development applicants who have at least graduated clerk will report the amendment.

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 19, 1998 CONGRESSIONAL RECORD — SENATE S6685 The assistant legislative clerk read The assistant legislative clerk read 92 Stat. 587), as amended by section 2826 of as follows: as follows: the Military Construction Authorization Act, 1989 (division B of Public Law 100–456; The Senator from South Carolina [Mr. The Senator from Michigan [Mr. LEVIN] for 102 Stat. 2123), is further amended by strik- THURMOND] for Mr. GORTON, proposes an Mr. REID, proposes an amendment numbered amendment numbered 2766. 2767. ing out ‘‘and a third parcel containing forty- two acres’’ and inserting in lieu thereof ‘‘, a The amendment is as follows: The amendment is as follows: third parcel containing forty-two acres, a On page 59, below line 20, add the fol- In section 201(2), strike out ‘‘$8,199,102,000’’ fourth parcel containing approximately 3.43 lowing: and insert in lieu thereof ‘‘$8,204,102,000’’. acres, and a fifth parcel containing approxi- SEC. 328. SENSE OF SENATE REGARDING OIL In section 102(b), strike out ‘‘$915,558,000’’ mately 0.56 acres’’. SPILL PREVENTION TRAINING FOR and insert in lieu thereof ‘‘$910,558,000’’. PERSONNEL ON BOARD NAVY VES- Mr. THURMOND. Mr. President, I be- SELS. Mr. COATS. Mr. President, this lieve this amendment has been cleared (a) FINDINGS.—The Senate makes the fol- amendment allows for the inclusion of by the other side. lowing findings: budget authority to continue work on Mr. LEVIN. Mr. President, the (1) There have been six significant oil spills the expeditionary common automatic amendment has been cleared. in Puget Sound, Washington, in 1998, five at recovery system (ECARS), which is a Mr. THURMOND. Mr. President, I Puget Sound Naval Shipyard (including launch and recovery system that DoD urge that the Senate adopt this amend- three from the U.S.S. Kitty Hawk, one from is using for unmanned aerial vehicles. ment. the U.S.S. Carl Vinson, and one from the ECARS would be an adaptation of that U.S.S. Sacramento) and one at Naval Station The PRESIDING OFFICER. Without Everett from the U.S.S. Paul F. Foster. system to provide a landing system for objection, the amendment is adopted. (2) Navy personnel on board vessels, and Marine Corps helicopters in places The amendment (No. 2768) was agreed not shipyard employees, were primarily re- where the Marines have not had an op- to. sponsible for a majority of these oil spills at portunity to establish the full air con- Mr. LEVIN. I move to reconsider the Puget Sound Naval Shipyard. trol system. vote. (3) Oil spills have the potential to damage The K-band testing obscuration pair- Mr. THURMOND. I move to lay that the local environment, killing microscopic ing system (K–TOPS) program would motion on the table. organisms, contributing to air pollution, provide a training scoring system to The motion to lay on the table was harming plants and marine animals, and in- allow the Marines to conduct realistic creasing overall pollution levels in Puget agreed to. Sound. training in the presence of smoke or AMENDMENT NO. 2769 (b) SENSE OF SENATE.—It is the sense of the other obscurants on a simulated battle- (Purpose: To authorize the conveyance of Senate that the Secretary of the Navy field. Since these programs are for the certain water rights and related rights at should take immediate action to signifi- Marine Corps, the source of budget au- Rocky Mountain Arsenal, Colorado, for cantly reduce the risk of vessel oil spills, in- thority for them is in the communica- purposes of acquiring certain perpetual cluding the minimization of fuel oil trans- tions and infrastructure support pro- contracts for water) fers, the assurance of proper training and gram contained in the Procurement, Mr. THURMOND. Mr. President, on qualifications of all Naval personnel in occu- behalf of Senators ALLARD and CAMP- pations that may contribute to or minimize Marine Corps (PMC) account. the risk of shipboard oil spills, and the im- Mr. LEVIN. Mr. President, I believe BELL, I offer an amendment that would provement of liaison with local authorities the amendment has been cleared by the replace an erratic water supply at concerning oil spill prevention and response other side. Rocky Mountain Arsenal with a con- activities. Mr. THURMOND. Mr. President, the stant water supply, satisfy the Army’s Mr. THURMOND. I believe the amendment has been cleared. obligation to provide water to a com- amendment has been cleared by the Mr. LEVIN. Mr. President, I urge munity impacted by RMA contamina- other side. that the Senate adopt this amendment. tion, provide for a permanent water Mr. LEVIN. The amendment has been The PRESIDING OFFICER. Without supply for the Refuge, reduce operating cleared. objection, the amendment is adopted. costs associated with water access, and Mr. THURMOND. Mr. President, I The amendment (No. 2767) was agreed provide for needed water storage facili- urge that the Senate adopt this amend- to. ties. ment. Mr. LEVIN. I move to reconsider the The PRESIDING OFFICER. The The PRESIDING OFFICER. Without vote. clerk will report the amendment. objection, the amendment is agreed to. Mr. THURMOND. I move to lay that The assistant legislative clerk read The amendment (No. 2766) was agreed motion on the table. as follows: to. The motion to lay on the table was The Senator from South Carolina [Mr. Mr. LEVIN. I move to reconsider the agreed to. THURMOND] for Mr. ALLARD, for himself and vote. AMENDMENT NO. 2768 Mr. CAMPBELL, proposes an amendment num- Mr. THURMOND. I move to lay that (Purpose: To expand certain land conveyance bered 2769. motion on the table. authority, Eglin Air Force Base, Florida) The amendment is as follows: The motion to lay on the table was Mr. THURMOND. Mr. President, on On page 342, below line 22, add the fol- agreed to. behalf of Senator MACK, I offer an lowing: AMENDMENT NO. 2767 amendment which would amend the SEC. 2827. CONVEYANCE OF WATER RIGHTS AND (Purpose: To add $4,000,000 for research and Military Construction Act of 1979 to RELATED INTERESTS, ROCKY MOUN- development on the expeditionary common authorize an additional conveyance, at TAIN ARSENAL, COLORADO, FOR automatic recovery and landing system PURPOSES OF ACQUISITION OF PER- fair market value, of 4 acres at Eglin PETUAL CONTRACTS FOR WATER. and $1,000,000 for research and development Air Force Base to the Air Force En- (a) CONVEYANCE AUTHORIZED.—Subject to on the K-band testing obscuration pairing listed Men’s Widows and Dependents subsection (c), the Secretary of the Army system, and to offset the increase by re- Home Foundation, Inc. may convey any and all interest of the ducing the amount for Marine Corps pro- United States in the water rights and related curement for communications and elec- The PRESIDING OFFICER. The rights at Rocky Mountain Arsenal, Colorado, tronics infrastructure support by $5,000,000) clerk will report the amendment. described in subsection (b) to the City and Mr. LEVIN. Mr. President, on behalf The assistant legislative clerk read as follows: County of Denver, Colorado, acting through of Senator REID, I offer an amendment its Board of Water Commissioners. The Senator from South Carolina [Mr. which would add funds for research and (b) COVERED WATER RIGHTS AND RELATED THURMOND] for Mr. MACK, proposes an development for the expeditionary RIGHTS.—The water rights and related rights amendment numbered 2768. common automatic recovery and land- authorized to be conveyed under subsection ing system and the K-band testing ob- The amendment is as follows: (a) are the following: scuration pairing system, offset by re- On page 342, below line 22, add the fol- (1) Any and all interest in 300 acre rights to water from Antero Reservoir as set forth in ducing the amount for Marine Corps lowing: SEC. 2827. EXPANSION OF LAND CONVEYANCE Antero Reservoir Contract No. 382 dated Au- procurement for communications and AUTHORITY, EGLIN AIR FORCE gust 22, 1923, for 160 acre rights; Antero Res- electronics infrastructure. BASE, FLORIDA. ervoir Contract No. 383 dated August 22, 1923, The PRESIDING OFFICER. The Section 809(c) of the Military Construction for 50 acre rights; Antero Reservoir Contract clerk will report the amendment. Authorization Act, 1979 (Public Law 95–356; No. 384 dated October 30, 1923, for 40 acre

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6686 CONGRESSIONAL RECORD — SENATE June 19, 1998 rights; Antero Reservoir Contract No. 387 this amendment and for all the hard supply of water for the ultimate needs dated March 3, 1923, for 50 acre rights; and work by the Armed Service staff, who of the Refuge and the federal govern- Supplemental Contract No. 382–383–384–387 without their active engagement in ment’s responsibility to provide a pota- dated July 24, 1932, defining the amount of this process, this important amend- ble supply of SACWSD. water to be delivered under the 300 acre rights in the prior contracts as 220 acre feet. ment would never have been possible. Because of the nature of the legal (2) Any and all interest in the 305 acre As the clean-up at the Rocky Moun- status of the Army’s interest in the rights of water from the High Line Canal, di- tain Arsenal has progressed, quite well canal and reservoir companies and the verted at its headgate on the South Platte I might add, there has always been a nature of the interests to be received River and delivered to the Fitzsimons Army great need for water. However, as with by the federal government from Denver Medical Center and currently subject to cost much of the West, water is a com- as a permanent supply, there was un- assessments pursuant to Denver Water De- modity and a way to provide water has certainty whether federal legislation partment contract #001990. been an area of discussion between all (3) Any and all interest in the 2,603.55 acre would be required. It was determined rights of water from the High Line Canal, di- the parties since the clean-up began. federal legislation is required to avoid verted at its headgate on the South Platte Unfortunately, the United States’ acre the problems associated with the dis- River and delivered to the Rocky Mountain rights to water in the High Line Canal posal of government property, pursu- Arsenal in Adams County, Colorado, and cur- have proved inadequate to supply the ant to the Federal Property and Ad- rently subject to cost assessments by the Army’s needs for non-potable water at ministrative Services Act. Denver Water Department, including 680 acre the Arsenal. However, the property being disposed rights transferred from Lowry Field to the In a June 11, 1996 Record of Decision, of is not excess property and, therefore, Rocky Mountain Arsenal by the October 5, the Army, Shell, and South Adams not readily disposed of under normal 1943, agreement between the City and County County Water and Sanitation District of Denver, acting by and through its Board of procedures. The water supply being re- (SACWSD) entered into a Memo- Water Commissioners, and the United States ceived in exchange is a perpetual con- randum of Understanding by which the of America. tract supply and not a real property in- Army and Shell agreed to acquire and (4) Any and all interest in 4,058.34 acre terest, precluding a like kind ex- rights of water not currently subject to cost deliver 4000 acre-feet of water to change. This exchange is for utility assessments by the Denver Water Depart- SACWSD. ment. However, after a lengthy investiga- contracts or lease agreements that will (5) A new easement for the placement of tion, it was determined that the only replace acre rights to water as the water lines approximately 50 feet wide inside realistic source of potable water for mechanisms for the delivery of non- the Southern boundary of Rocky Mountain SACWSD was by arranging a perma- potable water to the Arsenal and Arsenal and across the Reserve Center along Fitzsimons. My understanding is that the northern side of 56th Avenue. nent contract with the Denver Water Board. Also, it was determined that the this has been confirmed by GSA, which (6) A permanent easement for utilities is the main decisionmaker on excess where Denver has an existing temporary only way to be certain that the Refuge property. easement near the southern and western received a long term supply of 1200 boundaries of Rocky Mountain Arsenal. acre-feet of non-potable water was to All of the federal agencies and in- (c) CONSIDERATION.—(1) The Secretary of obtain the same from the Denver Water volved divisions of local and State gov- the Army may make the conveyance under Board’s non-potable reuse facility pur- ernments are supportive of federal leg- subsection (a) only if the Board of Water suant to a perpetual contract. islation and the agreements that it will Commissioners, on behalf of the City and implement, including Fitzsimons. It County of Denver, Colorado— During these discussions, the Denver (A) enters into a permanent contract with Water Board desired to acquire all of must be underscored that this amend- the Secretary of the Army for purposes of the Army’s interest in the irrigation ment recognizes that the legal status ensuring the delivery of nonpotable water canal and reservoir company in order of these rights are not being changed, and potable water to Rocky Mountain Arse- to reduce the cost of operating those nor are the rights being disposed of, nal; and facilities and consolidate its ownership rather the rights are being exchanged (B) enters into a permanent contract with to the rights of the rights to receive for permanent water contracts from the Secretary of the Interior for purposes of water from those facilities. On Decem- Denver. There will be no change in the ensuring the delivery of nonpotable water amount of flow through the South and potable water to Rocky Mountain Arse- ber 19, 1997, the Army, the Fish & Wild- nal National Wildlife Refuge, Colorado. life Service, SACWSD, and the Denver Platte and that Colorado water law (2) Section 2809(e) of title 10, United States Water Board entered into a Memo- will fully apply to this situation. Code, shall not operate to limit the term of randum of Understanding (MOU). The While this amendment may seem the contract entered into under paragraph purpose of the MOU was to accomplish technical and minor on the surface, (1)(A). the goals of each of the parties as fol- this transfer of water interests is an (d) REQUIREMENT RELATING TO CONVEY- lows: ANCE.—The Secretary of the Army may not important part of the overall solution make the conveyance authorized by sub- a. Denver will provide SACWSD with in the clean-up of the Arsenal. section (a) until the execution of the pro- 4000 acre-feet of potable water in ful- Again, I thank the Chairman and posed agreement provided for under sub- fillment of the Army’s responsibility Ranking Member for accepting this im- section (c) between the City and County of under the June 11, 1996 MOU. portant amendment and I thank their Denver, Colorado, acting through its Board b. SACWSD will provide Denver with staff in working with my staff to make of Water Commissioners, the South Adams certain storage facilities and cash to this happen. County Water and Sanitation District, the compensate Denver for the potable Mr. THURMOND. Mr. President, I be- United States Fish and Wildlife Service, and water supply. the Army. c. Denver will provide the Army and lieve the amendment has been cleared (e) ADDITIONAL TERMS AND CONDITIONS.— by the other side. The Secretary of the Army may require such the Fish & Wildlife Service with short additional terms and conditions in connec- and long term water supplies. The Mr. LEVIN. The amendment has been tion with the conveyance under subsection short term supplies will be 2800 acre- cleared. (a) as the Secretary considers appropriate to feet, and the permanent supply will be Mr. THURMOND. I urge that the protect the interests of the United States. 1200 acre-feet of non-potable reuse Senate adopt this amendment. Mr. ALLARD. Mr. President, today water per year as a guaranteed supply. The PRESIDING OFFICER. Without Senator CAMPBELL and I are offering a In addition, Denver will supply 50 acre- objection, the amendment is adopted. technical amendment to the 1999 De- feet of annual potable water supply. The amendment (No. 2769) was agreed fense Authorization Bill which would d. The Army will transfer to Denver to. authorize the transfer of water inter- its interests in the canal and reservoir ests held by the Army at the Rocky companies which currently serve as the Mr. LEVIN. I move to reconsider the Mountain Arsenal, including rights in source of the Arsenal water supply. vote. Highland Canal and Antero Reservoir. The result of these understandings Mr. THURMOND. I move to lay that Before I give the details of the amend- fulfills the federal government’s re- motion on the table. ment, I want to thank Chairman THUR- sponsibility under the Record of Deci- The motion to lay on the table was MOND and Senator LEVIN for accepting sion to insure a permanent and a firm agreed to.

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 19, 1998 CONGRESSIONAL RECORD — SENATE S6687 AMENDMENT NO. 2770 SEC. 3144. EXTENSION OF AUTHORITY FOR AP- Mr. THURMOND. I move to lay that (Purpose: To make available $2,500,000 for the POINTMENT OF CERTAIN SCI- motion on the table. ENTIFIC, ENGINEERING, AND TECH- activities of the Hanford Health Informa- NICAL PERSONNEL. The motion to lay on the table was tion Network) Section 3161(c)(1) of the National Defense agreed to. Mr. LEVIN. Mr. President, on behalf Authorization Act for Fiscal Year 1995 (42 AMENDMENT NO. 2773 of Senator MURRAY, I offer an amend- U.S.C. 7231 note) is amended by striking out (Purpose: To extend and reauthorize the ment which would make available $2.5 ‘‘September 30, 1999’’ and inserting in lieu Defense Production Act of 1950) million from funds at the Department thereof ‘‘September 30, 2000’’. Mr. THURMOND. Mr. President, on of Energy’s Hanford site for the Han- Mr. THURMOND. Mr. President, I be- behalf of Senators GRAMS and ford Health Information Network. lieve the amendment has been cleared D’AMATO, I offer an amendment which The PRESIDING OFFICER. The by the other side. would reauthorize the Defense Produc- clerk will report the amendment. Mr. LEVIN. The amendment has been tion Act of 1950 for a period of 1 year. The assistant legislative clerk read cleared. The PRESIDING OFFICER. The as follows: Mr. THURMOND. Mr. President, I clerk will report the amendment. The Senator from Michigan [Mr. LEVIN] for urge that the Senate adopt the amend- The assistant legislative clerk read Mrs. MURRAY, for herself, Mr. KEMPTHORNE, ment. as follows: Mr. WYDEN and Mr. SMITH of Oregon, pro- The PRESIDING OFFICER. Without The Senator from South Carolina [Mr. poses an amendment numbered 2770. objection, the amendment is agreed to. THURMOND] for Mr. GRAMS, for himself and Mr. LEVIN. Mr. President, I ask The amendment (No. 2771) was agreed Mr. D’AMATO, proposes an amendment num- unanimous consent that reading of the to. bered 2773. amendment be dispensed with. Mr. LEVIN. I move to reconsider the The amendment is as follows: The PRESIDING OFFICER. Without vote. SECTION 1. EXTENSION AND REAUTHORIZATION objection, it is so ordered. Mr. THURMOND. I move to lay that OF DEFENSE PRODUCTION ACT OF The amendment is as follows: motion on the table. 1950. The motion to lay on the table was (a) EXTENSION OF TERMINATION DATE.—Sec- On page 397, between lines 6 and 7, insert tion 717(a) of the Defense Production Act of the following: agreed to. 1950 (50 U.S.C. App. 2166(a)) is amended by SEC. 3137. HANFORD HEALTH INFORMATION NET- AMENDMENT NO. 2772 striking ‘‘September 30, 1998’’ and inserting WORK. (Purpose: To extend the authority of the De- ‘‘September 30, 1999’’. Of the funds authorized to be appropriated partment of Energy to pay voluntary sepa- (b) EXTENSION OF AUTHORIZATION.—Section or otherwise made available to the Depart- ration incentive payments through Decem- 711(b) of the Defense Production Act of 1950 ment of Energy by section 3102, $2,500,000 ber 31, 2000) (50 U.S.C. App. 2161(b)) is amended by strik- shall be available for activities relating to Mr. THURMOND. Mr. President, on ing ‘‘and 1998’’ and inserting ‘‘1998, and 1999’’. the Hanford Health Information Network es- behalf of myself and Senator BINGA- Mr. GRAMS. Mr. President, this tablished pursuant to the authority in sec- amendment will extend the authoriza- tion 3138 of the National Defense Authoriza- MAN, I offer an amendment which tion Act for Fiscal Year 1991 (Public Law would extend the Secretary of Energy’s tion of the authorities under the De- 101–510; 104 Stat. 1834), as amended by section authority to make voluntary separa- fense Production Act for one year 3138(b) of the National Defense Authorization tion incentive payments to its Federal through September 30, 1999. Act for Fiscal Year 1995 (Public Law 103–337; employees. This matter is under the jurisdiction 108 Stat. 3087). The PRESIDING OFFICER. The of the Senate Banking Committee, on Mr. LEVIN. Mr. President, I believe clerk will report the amendment. which I serve as the Subcommittee on the amendment has been cleared by the The assistant legislative clerk read International Finance Chairman which other side. as follows: handles this issue. Chairman D’Amato Mr. THURMOND. Mr. President, the The Senator from South Carolina [Mr. and Ranking Member Sarbanes of the amendment has been cleared on this THURMOND] for himself and Mr. BINGAMAN, Banking Committee, as well as Rank- side. proposes an amendment numbered 2772. ing Member of the International Fi- Mr. LEVIN. Mr. President, I urge The amendment is as follows: nance Subcommittee, Senator that the Senate adopt this amendment. On page 398, between lines 9 and 10, insert Moseley-Braun, all have agreed to sup- The PRESIDING OFFICER. Without the following: port this one-year extension as an objection, the amendment is agreed to. SEC. 3144. EXTENSION OF AUTHORITY OF DE- amendment to the Defense Authoriza- The amendment (No. 2770) was agreed PARTMENT OF ENERGY TO PAY VOL- tion bill to facilitate this matter in a to. UNTARY SEPARATION INCENTIVE year when floor time is becoming Mr. LEVIN. I move to reconsider the PAYMENTS. scarce. (a) EXTENSION.—Notwithstanding sub- The Defense Production Act (DPA) is vote. section (c)(2)(D) of section 663 of the Treas- Mr. THURMOND. I move to lay that ury, Postal Service, and General Govern- the primary authority for executive motion on the table. ment Appropriations Act, 1997 (Public Law branch activities to ensure the timely The motion to lay on the table was 104–208; 110 Stat. 3009–383; 5 U.S.C. 5597 note), availability of resources for national agreed to. the Department of Energy may pay vol- defense and civil emergency prepared- AMENDMENT NO. 2771 untary separation incentive payments to ness and response. It was first enacted qualifying employees who voluntarily sepa- (Purpose: To extend the authority of the in 1950 to mobilize the nation’s produc- rate (whether by retirement or resignation) Secretary of Energy to appoint certain sci- tive capacity during the Korean War before January 1, 2001. entific, engineering, and technical per- and ensures the availability of critical (b) EXERCISE OF AUTHORITY.—The Depart- sonnel) ment shall pay voluntary separation incen- materials needed both for national de- Mr. THURMOND. Mr. President, on tive payments under subsection (a) in ac- fense and for catastrophic civil disas- behalf of myself and Senator BINGA- cordance with the provisions of such section ters. It allows criminal sanctions to MAN, I offer an amendment which 663. prevent hoarding of critical materials. would extend the Secretary of Energy’s Mr. THURMOND. Mr. President, I be- The DPA also authorizes the President authority to appoint certain scientific lieve this amendment has been cleared to use financial incentives to encour- and technical personnel to critical by the other side. age contractors to establish or expand health and safety posts. Mr. LEVIN. The amendment has been industrial capacity for defense needs. The PRESIDING OFFICER. The cleared. The ‘‘Exon-Florio’’ language which clerk will report the amendment. Mr. THURMOND. Mr. President, I authorizes the President to prohibit The assistant legislative clerk read urge that the Senate adopt the amend- foreign investment if such investment as follows: ment. threatens national security is also in- The Senator from South Carolina [Mr. The PRESIDING OFFICER. Without cluded in this Act. THURMOND] for himself and Mr. BINGAMAN, objection, the amendment is agreed to. While DPA’s primary function is to proposes an amendment numbered 2771. The amendment (No. 2772) was agreed ensure resources are available in times The amendment is as follows: to. of war, the DPA, as administered On page 398, between lines 9 and 10, insert Mr. LEVIN. I move to reconsider the through the Federal Emergency Man- the following: vote. agement Agency (FEMA) also provides

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6688 CONGRESSIONAL RECORD — SENATE June 19, 1998 assistance during natural disasters. (3) Funds necessary to continue United October 1, 1998, a report on the status of the For instance, FEMA used the DPA to States participation in the NATO operations NATO force of gendarmes or paramilitary procure resources needed during the in Bosnia and Herzegovina, and to replace police referred to in subsection (a)(1), includ- 1997 flood disaster in my own State of operation and maintenance funds used for ing the mission of the force, the composition the operations, have been requested by the of the force, and the extent, if any, to which Minnesota. President as supplemental appropriations in members of the Armed Forces of the United The Administration had requested fiscal years 1996 and 1997. The Department of States are participating (or are to partici- some minor changes in the DPA. How- Defense has also proposed to reprogram pre- pate) in the force. ever, because committee and floor time viously appropriated funds to make up the Mr. THURMOND. Mr. President, my is scarce this year, they agreed to a shortfall for continued United States oper- amendment would address three items, one-year extension. It is the goal of the ations in Bosnia and Herzegovina. funds in the future years defense pro- Banking Committee to consider these (4) In February 1998, the President certified gram for operations in Bosnia, concern changes, and a longer term reauthor- to Congress that the continued presence of United States forces in Bosnia and about the use of U.S. forces in a law en- ization, next year. Herzegovina after June 30, 1998, was nec- forcement capacity, and the status of Mr. President, I thank the floor lead- essary in order to meet national security in- establishing the NATO multinational ers for agreeing to facilitate this terests of the United States. security force. amendment as part of the DOD bill. (5) The discretionary spending limit estab- Funding for military forces partici- Mr. THURMOND. Mr. President, I be- lished for the defense category for fiscal year pating in the NATO operation in Bos- lieve this amendment has been cleared 1998 in the Balanced Budget and Emergency nia is the responsibility of the contrib- by the other side. Deficit Control Act of 1985 does not take into uting nation. It is estimated that the Mr. LEVIN. Mr. President, the account the continued deployment of United U.S. costs of participating in the NATO amendment has been cleared. States forces in Bosnia and Herzegovina after June 30, 1998. Therefore, the President operation will be close to $10 billion by Mr. THURMOND. Mr. President, I requested emergency supplemental appro- the end of fiscal year 1999. urge that the Senate adopt this amend- priations for the Bosnia and Herzegovina The Administration has failed to pro- ment. mission through September 30, 1998. vide adequate funds in the defense The PRESIDING OFFICER. Without (6) Amounts for operations in Bosnia and budget to fund U.S. participation in objection, the amendment is agreed to. Herzegovina were not included in the origi- the NATO operation since November The amendment (No. 2773) was agreed nal budget proposed by the President for the 1995, consequently reprogramming and to. Department of Defense for fiscal year 1999. rescissions of defense funds, as well as Mr. LEVIN. I move to reconsider the (7) The President requested $1,858,600,000 in supplemental appropriations have been emergency appropriations in his March 4, vote. 1998 amendment to the fiscal year 1999 budg- used to pay for those costs. Mr. THURMOND. I move to lay that et to cover the shortfall in funding in the fis- In March, pursuant to legislation in motion on the table. cal year 1999 for the costs of extending the the fiscal year 1998 defense authoriza- The motion to lay on the table was mission in Bosnia. tion and appropriations bills, the Presi- agreed to. (b) SENSE OF CONGRESS.—It is the sense of dent notified the Congress of his inten- AMENDMENT NO. 2774 Congress that— tion to extend the deployment of U.S. (1) the President should include in the forces in Bosnia beyond June 30, 1998, (Purpose: To establish certain budgeting and budget for the Department of Defense that other policies regarding United States op- the President submits to Congress under sec- and certified that it was in the na- erations in Bosnia and Herzegovina) tion 1105(a) of title 31, United States Code, tional security interests for U.S. forces Mr. THURMOND. Mr. President, I for each fiscal year sufficient amounts to to remain in Bosnia so that conditions offer an Armed Services Committee pay for any proposed continuation of the could be established to allow the im- amendment that would express the participation of United States forces in plementation of the Dayton Accords sense of Congress that future year NATO operations in Bosnia and Herzegovina without the support of a major NATO- funding for operations in Bosnia be in- for that fiscal year; and led military force. cluded above the topline in the defense (2) amounts included in the budget for that The President’s announcement to ex- purpose should not be transferred from tend the deployment of U.S. forces in budget and that U.S. forces in Bosnia amounts that would otherwise be proposed in should not act as civil police. In addi- the budget of any of the Armed Forces in ac- Bosnia after June 30, 1998 once again tion, our amendment would require the cordance with the future-years defense pro- resulted in a funding shortfall for oper- President to submit a report to Con- gram related to that budget, or any other ations in Bosnia for fiscal year 1998, as gress on the status of the establish- agency of the Executive Branch, but, in- well as for fiscal year 1999. To take ment of the Multinational Support stead, should be an overall increase in the care of the shortfalls in fiscal year 1998, Unit. budget for the Department of Defense. the Congress provided an emergency The PRESIDING OFFICER. The SEC. 1065. NATO PARTICIPATION IN THE PER- appropriation. FORMANCE OF PUBLIC SECURITY Once again, because they were un- clerk will report the amendment. FUNCTIONS OF CIVILIAN AUTHORI- The assistant legislative clerk read TIES IN BOSNIA AND HERZEGOVINA. aware that the President would extend as follows: (a) FINDINGS.—Congress makes the fol- the participation of U.S. forces in the The Senator from South Carolina [Mr. lowing findings: NATO operation in Bosnia, the Depart- THURMOND] proposes an amendment num- (1) The North Atlantic Treaty Organiza- ment of Defense and the military serv- bered 2774. tion (NATO) has approved the creation of a ices did not include funds in the Presi- multi-national specialized unit of dent’s fiscal year 1999 budget request The amendment is as follows: gendarmes- or para-military police composed At the end of subtitle D of title X, add the of European security forces to help promote for defense. Thereby creating once following: public security in Bosnia and Herzegovina as again, a funding shortfall for oper- SEC. 1064. BUDGETING FOR CONTINUED PARTICI- a part of the post-June 1998 mission for the ations in Bosnia in fiscal year 1999. To PATION OF UNITED STATES FORCES Stabilization Force (SFOR) authorized under cover those costs anticipated in fiscal IN NATO OPERATIONS IN BOSNIA the United Nations Security Council Resolu- year 1999, but not provided for in the AND HERZEGOVINA. tion 1088 (December 12, 1996). defense budget, the Committee has rec- (a) FINDINGS.—Congress makes the fol- (2) On at least four occasions, beginning in lowing findings: ommended an emergency authorization July 1997, the Stabilization Force (SFOR) of $1.9 billion for operations in Bosnia (1) Funding levels in the Department of De- has been involved, pursuant to military fense budget have not been sufficient to pay annex 1(A) of the Dayton Agreement, in car- in fiscal year 1999. for the deployment of United States ground rying out missions for the specific purpose of Mr. President, U.S. forces will be in combat forces in Bosnia and Herzegovina detaining war criminals, and on at least one Bosnia for at least another year or two, that began in fiscal year 1996. of those occasions United States forces were if not longer, unless the Congress man- (2) The Department of Defense has used directly involved in carrying out the mis- dates their withdrawal. It is time for funds from the operation and maintenance sion. the President to include the funds nec- accounts of the Armed Forces to pay for the (b) SENSE OF CONGRESS.—It is the sense of essary to pay for the operations in Bos- operations because the funding levels in- Congress that United States forces should nia in the fiscal year 2000 and future cluded in the defense budgets for fiscal years not serve as civil police in Bosnia and 1996 and 1997 have not been adequate to Herzegovina. year budgets for defense above the top maintain operations in Bosnia and (c) REQUIREMENT FOR REPORT.—The Presi- line in the balanced budget agreement. Herzegovina. dent shall submit to Congress, not later than If the defense budget is not increased

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 19, 1998 CONGRESSIONAL RECORD — SENATE S6689 to pay for the costs associated with cialized Unit to respond to civil dis- of United States military-related operations this operation in Bosnia, the Congress turbances, my amendment would re- throughout Bosnia and Herzegovina. will once again be faced with re- quire the President to report on the (4) On December 17, 1997, the President an- programming defense funds, or pro- status of NATO establishing the MSU, nounced that United States ground combat forces would remain in Bosnia and viding emergency appropriations. the mission of the MSU, its composi- Herzegovina for an unknown period of time. If the Congress has to reprogram de- tion, and the extent to which U.S. mili- (5) Approximately 47,880 United States fense funds, or rescind defense pro- tary forces will participate in the MSU, military personnel (excluding personnel grams, the military services will most if any role. serving in units assigned to the Republic of likely have to transfer procurement Mr. President, I believe the amend- Korea) have participated in 14 international and research and development dollars ment has been cleared by the other contingency operations between fiscal years meant for modernization and replace- side. 1991 and 1998. ment of equipment before it becomes Mr. LEVIN. Mr. President, the (6) The 1998 posture statements of the Navy and Air Force included declarations that the obsolete and unsupportable. amendment has been cleared. pace of military operations over fiscal year Transferring funds from the military Mr. THURMOND. Mr. President, I 1997 adversely affected the readiness of non- service budgets for operations in Bos- urge that the Senate adopt this amend- deployed forces, personnel retention rates, nia will result in reducing training op- ment. and spare parts inventories of the Navy and portunities, delaying real property The PRESIDING OFFICER. Without Air Force. maintenance, deferring depot mainte- objection, the amendment is agreed to. (b) INFORMATION TO BE REPORTED WITH nance, or reducing base operations and The amendment (No. 2774) was agreed FUNDING REQUEST.—Section 113 of title 10, quality of life. We need to protect the United States Code, is amended by adding at to. the end the following: readiness of our forces. Failure of the Mr. LEVIN. I move to reconsider the ‘‘(l) INFORMATION TO ACCOMPANY INITIAL Administration to increase funding in vote. FUNDING REQUEST FOR CONTINGENCY OPER- future defense budgets to pay for oper- Mr. THURMOND. I move to lay that ATION.—Whenever the President submits to ations in Bosnia would cause disrup- motion on the table. Congress a request for appropriations for tions and in funding inefficiencies in The motion to lay on the table was costs associated with a contingency oper- our acquisition programs. ation that involves, or likely will involve, agreed to. the deployment of more than 500 members of My amendment would express the AMENDMENT NO. 2775 the armed forces, the Secretary of Defense sense of Congress that the President (Purpose: To require the Secretary of De- shall submit to Congress a report on the ob- should include funds for operations in fense to submit to Congress a report on the jectives of the operation. The report shall in- Bosnia in the future years defense objectives of a contingency operation when clude a discussion of the following: funds, and that those funds should not the President submits to Congress the first ‘‘(1) What clear and distinct objectives come from amounts that would other- request for funding the operation) guide the activities of United States forces wise be proposed for defense or the Mr. THURMOND. Mr. President, on in the operation. ‘‘(2) What the President has identified on behalf of Senators SNOWE and CLELAND, military services in accordance with the basis of those objectives as the date, or the future years defense plan, but I offer an amendment which has been the set of conditions, that defines the end- should be provided above the top line approved by the Armed Services Com- point of the operation.’’. in the balanced budget agreement. mittee and that would require the Sec- Mr. THURMOND. Mr. President, I be- My amendment would also express retary of Defense to submit to Con- lieve this amendment has been cleared the concerns of Congress, as it did gress a report on the objectives of any on the other side. similarly in the fiscal year 1998 defense contingency operation involving the Mr. LEVIN. The amendment has been authorization and appropriation bills, deployment of 500 or more U.S. mili- cleared. that U.S. forces should not participate tary forces when the President re- Mr. THURMOND. Mr. President, I in law enforcement activities as civil quests funds for those operations. urge that the amendment be adopted. police. The PRESIDING OFFICER. The The PRESIDING OFFICER. Without The International Police Task Force clerk will report the amendment. objection, the amendment is agreed to. was formed by the United Nations in The assistant legislative clerk read The amendment (No. 2775) was agreed response to a requirement in the Day- as follows: to. Mr. LEVIN. I move to reconsider the ton Accords. In addition to training The Senator from South Carolina [Mr. vote. and advising local law enforcement au- THURMOND], for Ms. SNOWE, for herself and Mr. THURMOND. I move to lay that thorities and personnel, the responsi- Mr. CLELAND, proposes an amendment num- bility of this international police task bered 2775. motion on the table. The motion to lay on the table was force is to monitor, observe and facili- The amendment is as follows: agreed to. tate law enforcement activities. The At the end of subtitle C of title X, add the AMENDMENT NO. 2776 international police force also has no following: (Purpose: Pilot program for revitalizing the authority to arrest or detain people, to SEC. 1031. SUBMISSION OF REPORT ON OBJEC- laboratories and test and evaluation cen- TIVES OF A CONTINGENCY OPER- include indicted war criminals. Be- ters of the Department of Defense) cause the international police force is ATION WITH FIRST REQUEST FOR FUNDING THE OPERATION. Mr. LEVIN. Mr. President, on behalf not armed, on many occasions NATO (a) FINDINGS.—Congress makes the fol- of Senators ROBB and SANTORUM, I offer military forces have accompanied lowing findings: an amendment which would provide au- members of the IPTF to provide pro- (1) On May 3, 1994, the President issued thority to conduct a pilot program for tection in the event there is a break- Presidential Decision Directive 25 declaring revitalizing the laboratories and test down in law and order. NATO forces that American participation in United Na- and evaluation centers of the Depart- have not intervened during incidents of tions and other peace operations would de- ment of Defense. pend in part on whether the role of United violence involving unarmed civilians. The PRESIDING OFFICER. The However, NATO troops have taken ac- States forces is tied to clear objectives and an endpoint for United States participation clerk will report. tion against paramilitary or ‘‘special can be identified. The assistant legislative clerk read police’’ units, such as the kind that (2) Between that date and mid-1998, the as follows: guard indicted war criminals like Mr. President and other executive branch offi- The Senator from Michigan [Mr. LEVIN], Karadicz. cials have obligated or requested appropria- for Mr. ROBB, for himself and Mr. SANTORUM, Earlier this year, the Congress was tions of approximately $9,400,000,000 for mili- proposes amendment No. 2776. informed by the Secretary of Defense tary-related operations throughout Bosnia The amendment is as follows: and the Chairman of the Joint Chiefs of and Herzegovina without providing to Con- At the end of subtitle D of title X, add the Staff that NATO would be establishing gress, in conjunction with the budget sub- following: mission for any fiscal year, a strategic plan SEC. 1064. PILOT PROGRAM FOR REVITALIZING an 800-man paramilitary police force to for such operations under the criteria set respond to civil disturbances, such as THE LABORATORIES AND TEST AND forth in that Presidential Decision Directive. EVALUATION CENTERS OF THE DE- the ones I just mentioned. (3) Between November 27, 1995, and mid- PARTMENT OF DEFENSE. Lastly, with regard with NATO’s es- 1998 the President has established three (a) FINDINGS.—Congress makes the fol- tablishment of a Multinational Spe- deadlines, since elapsed, for the termination lowing findings:

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6690 CONGRESSIONAL RECORD — SENATE June 19, 1998 (1) Officials of the Department of Defense carry out such initiatives as focusing on the person who is absent from a State in compli- are critically dependent on the science and performance of core functions and adopting ance with military or naval orders shall not, technology laboratories and test and evalua- more business-like practices. solely by reason of that absence— tion centers, of the department— (3) In selecting the laboratories and cen- ‘‘(1) be deemed to have lost a residence or (A) to exploit commercial technology for ters for participation in the pilot program, domicile in that State; unique military purposes; the Secretary shall consider laboratories and ‘‘(2) be deemed to have acquired a resi- (B) to develop advanced technology in pre- centers where innovative management tech- dence or domicile in any other State; or cise areas; niques have been demonstrated, particularly ‘‘(3) be deemed to have become resident in (C) to provide the officials with objective as documented under sections 1115 through or a resident of any other State. advice and counsel on science and tech- 1119 of title 31, United States Code, relating ‘‘(b) In this section, the term ‘State’ in- nology matters; and to Government agency performance and re- cludes a territory or possession of the United (D) to lead the decisionmaking that identi- sults. States, a political subdivision of a State, ter- fies the most cost-effective procurements of (4) The Secretary may carry out the pilot ritory, or possession, and the District of Co- military equipment and services. program at each selected laboratory and cen- lumbia.’’. (2) The laboratories and test and evalua- ter for a period of three years beginning not (b) STATE RESPONSIBILITY TO GUARANTEE tion centers are facing a number of chal- later than March 1, 1999. MILITARY VOTING RIGHTS.—(1) Section 102 of lenges that, if not overcome, could limit the (d) REPORTS.—(1) Not later than March 1, the Uniformed and Overseas Citizens Absen- productivity and self-sustainability of the 1999, the Secretary of Defense shall submit a tee Voting Act (42 U.S.C. 1973ff–1) is amend- laboratories and centers, including— report on the implementation of the pilot ed— (A) the declining funding provided for program to Congress. The report shall in- (A) by inserting ‘‘(a) ELECTIONS FOR FED- science and technology in the technology clude the following: ERAL OFFICES.—’’ before ‘‘Each State shall— base program of the Department of Defense; (A) Each laboratory and center selected for ’’; and (B) difficulties experienced in recruiting, the pilot program. (B) by adding at the end the following: retaining, and motivating high-quality per- (B) To the extent possible, a description of ‘‘(b) ELECTIONS FOR STATE AND LOCAL OF- sonnel; and the innovative concepts that are to be tested FICES.—Each State shall— (C) the complex web of policies and regu- at each laboratory or center. ‘‘(1) permit absent uniformed services vot- latory constraints that restrict authority of (C) The criteria to be used for measuring ers to use absentee registration procedures managers to operate the laboratories and the success of each concept to be tested. and to vote by absentee ballot in general, centers in a businesslike fashion. (2) Promptly after the expiration of the pe- special, primary, and runoff elections for (3) Congress has provided tools to deal with riod for participation of a laboratory or cen- State and local offices; and the changing nature of technological devel- ter in the pilot program, the Secretary of ‘‘(2) accept and process, with respect to opment in the defense sector by encouraging Defense shall submit to Congress a final re- any election described in paragraph (1), any closer cooperation with industry and univer- port on the participation of the laboratory otherwise valid voter registration applica- sity research and by authorizing demonstra- or center in the pilot program. The report tion from an absent uniformed services voter tions of alternative personnel systems. shall contain the following: if the application is received by the appro- (4) A number of laboratories and test and (A) A description of the concepts tested. priate State election official not less than 30 evaluation centers have addressed the chal- (B) The results of the testing. days before the election.’’. lenges and are employing a variety of inno- (C) The lessons learned. (2) The heading of title I of such Act is vative methods, such as the so-called ‘‘Fed- (D) Any proposal for legislation that the amended by striking out ‘‘FOR FEDERAL erated Lab Concept’’ undertaken at the Secretary recommends on the basis of the OFFICE’’. Army Research Laboratory, to maintain the experience at the laboratory or center under Mr. THURMOND. I believe this high quality of the technical program, to the pilot program. amendment has been cleared by the provide a challenging work environment for Mr. LEVIN. I believe the amendment other side. researchers, and to meet the high cost de- has been cleared on the other side. Mr. LEVIN. The amendment has been mands of maintaining facilities that are Mr. THURMOND. The amendment cleared. equal or superior in quality to comparable has been cleared. The PRESIDING OFFICER. The facilities anywhere in the world. The PRESIDING OFFICER. The (b) COMMENDATION.—Congress commends question is on agreeing to the amend- the Secretary of Defense for the progress question is on agreeing to the amend- ment. made by the science and technology labora- ment. The amendment (No. 2777) was agreed tories and test and evaluation centers to The amendment (No. 2776) was agreed to. achieve the results described in subsection to. Mr. LEVIN. I move to reconsider the (a)(4) and encourages the Secretary to take Mr. LEVIN. I move to reconsider the vote. the actions necessary to ensure continued vote. Mr. THURMOND. I move to lay it on progress for the laboratories and test and Mr. THURMOND. I move to lay it on the table. evaluation centers in developing cooperative the table. AMENDMENT NO. 2778 relationships with universities and other pri- The motion to lay on the table was vate sector entities for the performance of (Purpose: To require a review and report on research and development functions. agreed to. research on pharmacological interventions (c) PILOT PROGRAM.—(1) In conjunction AMENDMENT NO. 2777 for reversing brain injury resulting from with the plan for restructuring and revital- (Purpose: To protect the voting rights of head injuries incurred in combat or expo- izing the science and technology laboratories military personnel) sures to chemical weapons) and test and evaluation centers of the De- Mr. THURMOND. Mr. President, on Mr. THURMOND. On behalf of Sen- partment of Defense that is required by sec- behalf of Senators GRAMM and MCCAIN, ator WARNER, I offer an amendment tion 906 of this Act, the Secretary of Defense which would require the Secretary of may carry out a pilot program to dem- I offer an amendment which will pro- onstrate improved cooperative relationships tect the voting rights of the military Defense to review and report to Con- with universities and other private sector personnel. gress on research concerning pharma- entities for the performance of research and The PRESIDING OFFICER. The cological interventions for reversing development functions. clerk will report. brain injury. (2) Under the pilot program, the Secretary The assistant legislative clerk read The PRESIDING OFFICER. The of Defense shall provide the director of one as follows: clerk will report. science and technology laboratory, and the The Senator from South Carolina [Mr. The assistant legislative clerk read director of one test and evaluation center, of as follows: each military department with authority for THURMOND], for Mr. GRAMM for himself and the following: Mr. MCCAIN, proposes an amendment num- The Senator from South Carolina [Mr. (A) To explore innovative methods for bered 2777. THURMOND], for Mr. WARNER, proposes an quickly, efficiently, and fairly entering into The amendment is as follows: amendment numbered 2778. cooperative relationships with universities On page 130, between lines 11 and 12, insert The amendment is as follows: and other private sector entities with re- the following: At the end of subtitle C of title II, add the spect to the performance of research and de- SEC. 644. VOTING RIGHTS OF MILITARY PER- following: velopment functions. SONNEL. SEC. 232. REVIEW OF PHARMACOLOGICAL INTER- (B) To waive any restrictions on the dem- (a) GUARANTEE OF RESIDENCY.—Article VII VENTIONS FOR REVERSING BRAIN onstration and implementation of such of the Soldiers’ and Sailors’ Civil Relief Act INJURY. methods that are not required by law. of 1940 (50 U.S.C. App. 590 et seq.) is amended (a) REVIEW AND REPORT REQUIRED.—The (C) To develop or expand innovative meth- by adding at the end the following: Assistant Secretary of Defense for Health Af- ods of operation that provide more defense ‘‘SEC. 704. (a) For purposes of voting for an fairs shall review research on pharma- research for each dollar of cost, including to office of the United States or of a State, a cological interventions for reversing brain

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 19, 1998 CONGRESSIONAL RECORD — SENATE S6691 injury and, not later than March 31, 1999, under subparagraph (A) during such year, to- Mr. President, I understand the budg- submit a report on the results of the review gether with the evaluation, to the Com- etary constraints that the Committee to Congress. mittee on Armed Services of the Senate and faces; however, this does not excuse us (b) CONTENT OF REPORT.—The report shall the Committee on National Security of the from our moral obligation to provide include the following: House of Representatives. (1) The potential for pharmacological (D) Not later than December 31 in each of those military retirees who faithfully interventions for reversing brain injury to 2000 through 2004, the Comptroller General and selflessly served our country in reduce mortality and morbidity in cases of shall submit a report on the results of the re- times of war and in times of peace the head injuries incurred in combat or resulting view under subparagraph (B) during such health care they deserve. Our country from exposures to chemical weapons or year to the committees referred to in sub- must live up to the promise of pro- agents. paragraph (C). viding military retirees more depend- (i) DEFINITIONS.—In this section: (2) The potential utility of such interven- able, consistent, and affordable care Mr. BOND. Mr. President, I rise tions for the Armed Forces. while simultaneously applying equi- (3) A conclusion regarding whether funding today to introduce an amendment on table standards of health care for all for research on such interventions should be behalf of myself, Mr. SHELBY, Mr. federal retirees. included in the budget for the Department of COVERDELL, and Mr. FAIRCLOTH. Defense for fiscal year 2000. This vital measure would enhance Make no doubt about it—this battle Mr. THURMOND. I believe this the Federal Employees Health Benefits has just begun. I look forward to work- amendment has been cleared by the Program (FEHBP) demonstration pro- ing with my colleagues in conference other side. visions currently included in the De- in securing increased funding and sites Mr. LEVIN. The amendment has been partment of Defense Authorization bill for this purpose—as represented in the cleared on this side. to evaluate the feasibility of using this House’s DoD Authorization bill. And The PRESIDING OFFICER. The effective program to ensure the avail- again, I thank the distinguished Chair- question is on agreeing to the amend- ability of adequate health care for men, Senator THURMOND, and Senator ment. Medicare-eligible retirees under the KEMPTHORNE, for their efforts. The amendment (No. 2778) was agreed military health care system. Mr. THURMOND. I believe this to. Specifically, this amendment in- amendment has been cleared by the Mr. LEVIN. I move to reconsider the creases the number of FEHBP sites other side. vote. from two to four and accelerates the Mr. LEVIN. The amendment has been Mr. THURMOND. I move to lay it on implementation of the program from cleared. the table. January of 2000 to July of 1999. The PRESIDING OFFICER. The The motion to lay on the table was Mr. President, our nation’s military question is on agreeing to the amend- agreed to. retirees are facing a grave health care ment. crisis. Current trends, such as base clo- AMENDMENT NO. 2779 The amendment (No. 2779) was agreed sures, the downsizing of military treat- to. (Purpose: To modify the authority relating ment facilities, and the introduction of to the demonstration project to provide Mr. LEVIN. I move to reconsider the the FEHBP health care option to medi- TRICARE, have all hindered access to vote. care-eligible military health care bene- health care services for military retir- Mr. THURMOND. I move to lay it on ficiaries) ees aged 65 and over. In theory, Medi- the table. Mr. THURMOND. On behalf of Sen- care-eligible retirees can receive health The motion to lay on the table was ators BOND, SHELBY, COVERDELL, and care services at military treatment fa- agreed to. cilities on a space available basis; how- FAIRCLOTH, I offer an amendment that AMENDMENT NO. 2780 would amend section 707 to accelerate ever, active duty and their dependents have priority. (Purpose: To authorize amounts for NATO the Federal Employees Health Benefit common-funded budgets) Program (FEHBP) demonstration and Therefore, in reality, space is rarely increase the number of sites from two available—resulting in military retir- Mr. LEVIN. Mr. President, on behalf to four. ees being ‘‘locked out’’ of the Depart- of myself and Senator THURMOND, I The PRESIDING OFFICER. The ment of Defense’s (DoD) health care de- offer an amendment which would au- clerk will report. livery system. And because of their thorize funds for the NATO military The assistant legislative clerk read considered ‘‘secondary status’’, many budget and the NATO Security Invest- as follows: retirees are forced to travel great dis- ment Program for fiscal year 1999. tances to receive even the minimum of The Senator from South Carolina [Mr. The PRESIDING OFFICER. The care. THURMOND], for Mr. BOND, for himself, Mr. clerk will report. Further, when compared to what SHELBY, Mr. COVERDELL, and Mr. FAIRCLOTH, The assistant legislative clerk read proposes an amendment numbered 2779. other Federal and private sector retir- as follows: ees receive in terms of health care op- The amendment is as follows: The Senator from Michigan [Mr. LEVIN], tions, it is clear that the current for himself and Mr. THURMOND, proposes an On page 157, strike out line 7 and insert the health care choices for military retir- following: amendment numbered 2780. ees are woefully inadequate and down- (h) ADDITIONAL REQUIREMENTS RELATING TO The amendment is as follows: FEHBP DEMONSTRATION PROJECT.—(1) Not- right inexcusable. This is outrageous. The bottom line At the end of subtitle B of title II, insert withstanding subsection (a)(2), the Secretary the following: shall commence the demonstration project is military retirees aged 65 and older do under subsection (d) on July 1, 1999. not have time to wait for health care SEC. 219. NATO COMMON-FUNDED CIVIL BUDGET. (2) Notwithstanding subsection (c), the solutions, especially when our nation is Of the amount authorized to be appro- priated by section 201(1), $750,000 shall be Secretary shall carry out the demonstration losing 30,000 world War II veterans each project under subsection (d) in four separate available for contributions for the common- month. It is high time that the federal funded Civil Budget of NATO. areas, of which— government lives up to its promise of (A) two shall meet the requirements of At the end of subtitle B of title III, insert subsection (c)(1)(A); and providing health care to those who the following: (B) two others shall meet the requirements honorably served our country. SEC. 314. NATO COMMON-FUNDED MILITARY of subsection (c)(1)(B). Although this amendment is not ev- BUDGET. (3)(A) Notwithstanding subsection (f), the erything I wanted, it is a step in the Of the amount authorized to be appro- Secretary shall provide for an annual evalua- right direction. I am pleased that the priated by section 30(a)(1), $227,377,000 shall tion of the demonstration project under sub- Armed Services Committee was able to be available for contributions for the com- section (d) that meets the requirements of address this problem, but I remain con- mon-funded Military Budget of NATO. subsection (f)(2). cerned that the DoD Authorization bill At the end of subtitle A of title X, insert the following: (B) The Comptroller shall review each caps total funding for all the various evaluation provided for under subparagraph SEC. 1014. AMOUNT AUTHORIZED FOR CONTRIBU- (A). demonstration projects at $60 million a TIONS FOR NATO COMMON-FUNDED (C) Not later than September 15 in each of year, of which only a portion would be BUDGETS. 2000 through 2004, the Secretary shall submit available for the FEHBP demonstra- (a) TOTAL AMOUNT.—Contributions are au- a report on the results of the evaluation tion. thorized to be made in fiscal year 1999 for the

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6692 CONGRESSIONAL RECORD — SENATE June 19, 1998 common-funded budgets of NATO, out of (2) A semiannual report on the progress Chairman THURMOND will bring the bill funds available for the Department of De- made toward establishing the European Se- back up again on Monday. It will be fense for that purpose, in the total amount curity and Defense Identity, submitted not the business. that is equal to the sum of (1) the amounts later than March 15 and December 15 of each I will have further extensive remarks of the unexpended balances, as of the end of year after 1998. on Monday as regards the complex fiscal year 1998, of funds appropriated for fis- (c) CONTENT OF REPORTS.—The Secretary cal years before fiscal year 1999 for payments shall include in each report under this sec- issue of Bosnia and Herzegovina. The for such budgets, (2) the amount authorized tion the following: American commitments there in con- to be appropriated under section 301(a)(1) (1) A discussion of the arrangements be- nection with our NATO allies are very that is available for contributions for the tween NATO and the Western European important commitments, and certain NATO common-funded military budget Union for the release, transfer, monitoring, observations relative to Kosovo. under section 314, (3) the amount authorized return, and recall of NATO assets and capa- Given the cloture motion, I am not to be appropriated under section 201(1) that bilities. sure whether our bill will have opened is available for contribution for the NATO (2) A discussion of the development of such the opportunity for amendments on common-funded civil budget under section planning and other capabilities by the West- 219, and (4) the total amount of the contribu- ern European Union that are necessary to these issues. It is a subject that has tions authorized to be made under section provide political control and strategic direc- been carefully considered by the Armed 2501. tion of NATO assets and capabilities. Services Committee in four meetings. (b) DEFINITION.—In this section, the term (3) A discussion of the development of We feel very strongly that there is an ‘‘common-funded budgets of NATO’’ means terms of reference for the Deputy Supreme obligation in the Congress, which no the Military Budget, the Security Invest- Allied Commander, Europe, with respect to one has spoken to with greater clarity ment Program, and the Civil Budget of the European Security and Defense Identity. and greater sincerity than the senior NATO (and any successor or additional ac- (4) A discussion of the arrangements for Senator from West Virginia, Mr. BYRD. count or program of NATO). the assignment or appointment of NATO of- ficers to serve in two positions concurrently He did so at a hearing of the Armed Mr. LEVIN. I believe the amendment Services Committee on June 4 of this has been cleared. (commonly referred to as ‘‘dual-hatting’’). year. Senator BYRD and Senator Mr. THURMOND. The amendment (5) A discussion of the development of the Combined Joint Task Force (CJTF) concept, HUTCHISON of Texas have worked very has been cleared. including lessons-learning from the NATO- hard and diligently on this subject. But The PRESIDING OFFICER. The led Stabilization Force in Bosnia. I am not sure as to what will evolve in question is on agreeing to the amend- (6) Identification within the NATO Alli- the days to come on this bill. ment. ance of the types of separable but not sepa- I wish to make several observations The amendment (No. 2780) was agreed rate capabilities, assets, and support assets about this subject. I, too, have thought to. for Western European Union-led operations. about introducing an amendment on Mr. LEVIN. I move to reconsider the (7) Identification of separable but not sepa- this subject. But these are the concerns vote. rate headquarters, headquarters elements, Mr. THURMOND. I move to lay it on and command positions for command and that I have. None of us could perceive with speci- the table. conduct of Western European Union-led oper- ations. ficity what has happened in Kosovo, AMENDMENT NO. 2781 (8) The conduct by NATO, at the request of what is happening today, and what (Purpose: To require reports on the develop- and in coordination with the Western Euro- could happen in the future. That is a ment of the European Security and De- pean Union, of military planning and exer- key that is directly linked to the con- fense Identity within the NATO alliance) cises for illustrative missions. tinuing policies of the United States, Mr. LEVIN. Mr. President, I offer an (9) A discussion of the arrangements be- together with our allies in Bosnia. amendment which would require the tween NATO and the Western European Great progress has been made in Bos- Secretary of Defense to provide a re- Union for the sharing of information, includ- nia towards the Dayton accords. I was port to Congress on the development of ing intelligence. (10) Such other information as the Sec- not in favor at any time and voted the NATO European Security Defense retary considers useful for a complete under- against the introduction of U.S. ground Initiative by December 15, 1998, and standing of the establishment of the Euro- forces. Nevertheless, that decision was thereafter on a semiannual basis, until pean Security and Defense Identity within made and endorsed by the Congress of such time as the Secretary of Defense the NATO Alliance. the United States. They have per- states that an ESDI has been fully es- (d) TERMINATION OF SEMIANNUAL REPORTING formed absolutely courageously, and tablished. REQUIREMENT.—No report is required under have contributed to a measure of peace The PRESIDING OFFICER. The subsection (b)(2) after the Secretary submits and stability that exists in Bosnia clerk will report. under that subsection a report in which the Secretary states that the European Security today. They have worked remarkably The assistant legislative clerk read and Defense Identity has been fully estab- well with our allies. There are some 13 as follows: lished. various allies which have contributed The Senator from Michigan [Mr. LEVIN] Mr. LEVIN. I believe this amendment to this NATO-led force to bring about proposes an amendment numbered 2781. has been cleared on the other side. the current stability. I will speak fur- The amendment is as follows: Mr. THURMOND. The amendment ther on Monday as to the details. At the end of subtitle C of title X, add the has been cleared. But I want to comment on a couple following: The PRESIDING OFFICER. The of factors that I hope Senators will SEC. 1031. REPORTS ON THE DEVELOPMENT OF question is on agreeing to the amend- take into consideration should they THE EUROPEAN SECURITY AND DE- FENSE IDENTITY. ment. want to go into further discussions of (a) REQUIREMENT FOR REPORTS.—The Sec- The amendment (No. 2781) was agreed this area. retary of Defense shall submit to the con- to. First, there will be very important gressional defense committees in accordance Mr. LEVIN. I move to reconsider the elections held in the political structure with this section reports on the development vote. of Bosnia in September. Hopefully, the of the European Security and Defense Iden- Mr. THURMOND. I move to lay it on outcome of those elections, in terms of tity (ESDI) within the NATO Alliance that the table. the candidates that succeed, will fur- would enable the Western European Union (WEU), with the consent of the NATO Alli- The motion to lay on the table was ther move efforts towards achieving ance, to assume the political control and agreed to. the Dayton accords. We cannot antici- strategic direction of NATO assets and capa- Mr. WARNER. Mr. President, I have pate here in June what that situation bilities made available by the Alliance. brief remarks in concluding today, a will be, nor can we anticipate with any (b) REPORTS TO BE SUBMITTED.—The re- very productive day on the defense au- specificity the problems in Kosovo. ports required to be submitted under sub- thorization bill. Hopefully, the initiatives, indeed, by section (a) are as follows: I wish to personally thank the distin- President Yeltsin, by President Clin- (1) An initial report, submitted not later guished chairman, Mr. THURMOND, and ton, and by many others in the United than December 15, 1998, that contains a dis- cussion of the actions taken, and the plans the ranking member, for covering a Kingdom and France will address that for future actions, to build the European Se- number of amendments today, includ- situation so that we will not witness curity and Defense Identity, together with ing those of the Senator from Virginia further tragic displacement of people the matters required under subsection (c). while I was momentarily off the floor. from their homes, communities, and to

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 19, 1998 CONGRESSIONAL RECORD — SENATE S6693 worsen the flow of refugees from that today, and they are very, very serious turbing. It is quite apparent to this region. We simply cannot stand by and concerns. We will address those areas Senator that Joel Klein and his staff watch that persecution. further as we consider the authoriza- are anti-business, anti-success, and I remember so well. We always talked tion bill. But it is an expensive com- anti-economic growth. in terms of Bosnia, that we have to mitment there in terms of dollars and Mr. Klein pled for more, not less, contain that so it will not spill over U.S. troops, and it seems to me that we government control of the economy. In into the Kosovo region. Now just the have to continually work with our al- fact, in his testimony Mr. Klein said, reverse has taken place. It is Kosovo lies so that those allies, particularly ‘‘we reject categorically the notion which threatens to spill over, dislodge, the European allies, take a greater per- that markets will self-correct and we and disrupt some of the achievements centage of this burden in the months to should sit back and watch.’’ Instead, that have occurred so far in Bosnia. come. Mr. Klein believes the government So the elections are important. The It is clear that we cannot hope to should control every move of America’s unfolding developments in Kosovo—we achieve the Dayton accords in a period most successful and innovative compa- cannot predict today what they will be of time, perhaps within a year or so. nies in the name of competition and a month from now, or 6 months from General Clarke, when he appeared be- consumer protection. His statement now. fore our committee, could not in any strikes me as an endorsement of the Further, there will be a new Congress way—and we understand this—specify very kind of socialist-style command elected by the people of our country in his estimate of time within which and control economics embraced by the November. They will take their seats, those accords of Dayton could be Soviet Union that led to its collapse, such Members as new Members who achieved. But nevertheless, it is the al- not the free market principles on come and those who will depart. We lied forces under the NATO in place which the United States economy is will have a new Congress. today that have enabled the progress based. Mr. Greenspan, on the other hand, a It seems to me that the new Congress to date that we are all very fortunate long-time champion of the free market, is entitled to take a fresh look at this to witness. made the case that the Justice Depart- situation. Now, Mr. President, I will return now ment and the Federal Trade Commis- We also must take into consideration to the closing business of today’s ses- sion have been overstepping their that we are working today with our al- sion of the Senate. lies on a variety of contingencies as bounds recently in predicting how f they relate to Kosovo, and any legisla- mergers will affect the economy of the tion which is directed to the future of MORNING BUSINESS future, and in prohibiting mergers on our commitment in Bosnia; that is, the Mr. WARNER. I ask unanimous con- the basis of predictions about that eco- extent the ground forces remain in sent there now be a period for the nomic future. He said, ‘‘I would like to place, the extent perhaps of their with- transaction of morning business with see far more firm roots to our judg- drawal and the force levels and the Senators permitted to speak up to 10 ments as to whether particular market positions do, in fact, undercut competi- like, sends signals to people, particu- minutes each. In one instance I will tion or are only presumed on the basis larly President Milosevic, who, indeed, soon allocate 15 minutes at the conclu- of some generalized judgment of how is the prime perpetrator of the prob- sion of my remarks. economic forces are going to evolve.’’ lems in that region, in my judgment, The PRESIDING OFFICER. Without Chairman Greenspan went on to point and we have to be very careful, because objection, it is so ordered. out that, ‘‘history is strewn with peo- on the one hand if we address the fu- f ture of U.S. commitments in Bosnia ple making projections which have and at the same time we are trying to ALAN GREENSPAN AND turned out to be grossly inaccurate.’’ The Chairman of the Federal Reserve work out contingency plans with our ANTITRUST Board, despite his power to do other- allies, those two actions, in my judg- Mr. GORTON. Mr. President, the wise, represents and advocates the ment, have to go hand in hand. Senate Judiciary Committee heard tes- same common sense approach to com- So it is terribly important that those timony on Tuesday from Federal Re- petition and consumer welfare as that addressing this issue take into consid- serve Board Chairman Alan Greenspan advocated by our founding fathers. His eration again the transitory nature of and the Assistant Attorney General for vision is one in which the government the Kosovo problem, the elections that Antitrust, Joel Klein. The hearing was rarely intervenes in the free market are coming up, and the fact there will called to discuss the economic impacts that, left alone, can provide more bene- be a new Congress, and therefore any of the recent wave of mergers and ac- fits and broader economic wealth for action that we take should not be quisitions and the role of federal anti- consumers than the smartest govern- taken—and I am hesitant to think we trust enforcers in today’s economy. ment planners and politicians. His vi- While the subject matter was narrow, should take any action now—with re- sion is one in which American entre- gard to dictating in many respects to nothing less than the future of the preneurs invent amazing new products the Commander in Chief what is to be American economy is at stake in the and compete openly with one another done in that region beginning, say, debate between those in this nation in a free, but relentless marketplace, next spring. I think we have to be very who believe in the power and efficiency to meet the constantly changing de- careful to recognize the constitutional of the free market and those who advo- mands of consumers. responsibilities of President Clinton in cate government control of the mar- It is Mr. Greenspan’s vision that has this area, and we should do nothing to ket. contributed to the greatest economic abridge those constitutional respon- Both sides in the debate, and both growth in this nation’s history; that of sibilities. witnesses at the hearing, claim to be the Justice Department would under- So having said that, I will address working toward the same goals: con- mine it. this subject further on Monday, but I sumer protection, competition, and In contrast to those of Mr. Green- just wanted to lay down in today’s economic expansion. But the contrast span’s, Mr. Klein’s comments reveal an RECORD some of my concerns about in the means each side advocates to elitist, government-knows-best ap- this very important issue. It is driven achieve those ends is astonishing. proach to economics. Under the guise in large measure by the fact that the Alan Greenspan, arguably one of the of consumer protection, Mr. Klein ad- Armed Forces of the United States most powerful men in the world, urged vocates government control of the today have expended some $9.4 billion ‘‘humility’’ on the part of government marketplace in order to prop up busi- for the Bosnia action to date and antitrust enforcers, while Joel Klein nesses that cannot compete success- through fiscal year 1998, and those dol- pushed for more government interven- fully on their own. lars could, in my judgment, have been tion and more taxpayer money for his I, for one, Mr. President, believe Mr. spent very wisely for modernization, division at the Department of Justice. Greenspan’s approach to be correct and for research and development, and for Once again Mr. President, I find the to be the one that has and will serve readiness. Those three areas are of attitude of the Clinton/Gore Adminis- the American consumers and the prime concern as regards our military tration’s Justice Department dis- American economy best.

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6694 CONGRESSIONAL RECORD — SENATE June 19, 1998 As Mr. Greenspan so eloquently put faced in its history as a company. The A Senate aide suffers a devastating it, ‘‘Through skill, perseverance, luck, FTC is as perverse as is the Depart- stoke, which might have been far mild- or political connections, competitors ment of Justice. er if her HMO had not refused to send have always pressed for market domi- Mr. Greenspan’s testimony is a her to an emergency room. The HMO nance. It is free, open markets that act breath of fresh air in an increasingly now even refuses to pay for her wheel- to thwart achievement of such domi- stifling era of big government inter- chair. nance, and in the process direct the vention in the free market. I urge my A woman is forced to undergo a mas- competitive drive, which seeks eco- colleagues in the United States Senate tectomy as an outpatient, against her nomic survival, towards the improve- to heed Mr. Greenspan’s words and to doctor’s recommendation. She is sent ment of products, greater productivity, join me in my efforts to bring reason home in pain, with tubes still dangling and the amassing and distribution of back into the debate over antitrust from her body. wealth. Adam Smith’s invisible hand policy. A doctor is denied future referrals does apparently work.’’ f under a managed car plan, because he Let us look, for example, at the Jus- SENATOR LOTT’S PROPOSED told a patient about an expensive tice Department’s case against Micro- HEALTH UNANIMOUS CONSENT treatment that could save her life. soft—the most successful and innova- REQUEST The parents of a child suffering from tive company in the U.S. software in- a rare cancer are told that life-saving dustry. In this case, the Justice De- Mr. KENNEDY. Mr. President, I hope very much that in the coming days, we surgery should be performed by an un- partment argues that Microsoft does qualified doctor who happens to be on not allow computer manufacturers to will be able to begin debate in the full Senate on another major issue of vital the plan’s list, rather than by a spe- customize the desktop. Mr. Klein’s so- cialist at the nearby cancer center lution to this problem is for the gov- importance to the country—the re- forms needed in our health care system equipped to perform the operation. ernment to force Microsoft to allow A San Diego paraplegic asks for re- competing desktops to be displayed on to end the abuses by HMOs and health insurance companies. Critical decisions ferral to a rehabilitation specialist. Microsoft’s own operating system soft- on health care should be made by doc- Her HMO refuses, and she develops a ware. severe pressure wound that a rehabili- But only a few weeks after Mr. Klein tors and their patients, not by insur- ance industry accountants. It is long tation specialist would have routinely filed suit against Microsoft on this checked and treated. She is forced to front, the free market has produced its past time for Congress to act to protect patients and end these abuses. We face undergo surgery, and is hospitalized for own solution. A small, start-up soft- a growing crisis of confidence in health a year with round-the-clock nursing ware company in Seattle called Pixel care. care. has begun marketing a product that A recent survey found that an aston- A child suffers a severe shoulder dis- makes use of the sliver of black screen ishing 80 percent of Americans now be- location in a gym class. Frantic school space surrounding Microsoft’s Windows lieve that their quality of care is often officials make repeated calls to her display on the desktop. Using this compromised by their insurance plan HMO for authorization to call an am- empty space, Pixel’s software will to save money. And, too often, they are bulance. The accident has cut off the allow computer manufacturers to dis- absolutely right. flow of blood to her arm. Fortunately, play their own control bar. The control One reason for this concern is the ex- a mother who was also an emergency bar gives users direct access to web plosive growth in managed care. In room physician was there and was able sites chosen by the computer manufac- 1987, only 13 percent of privately in- to give immediate treatment. Other- turer. sured Americans were enrolled in wise, the child might have lost her In the next few weeks, Packard Bell HMOs. Today 75 percent are in some arm. and NEC will start shipping computers form of managed care. The list of these abuses goes on and with Pixel’s new control bar on the This issue goes to the heart of health on. opening screen. care and the fundamental doctor-pa- Many of us in Congress have offered Compaq Computer has come up with tient relationship. At its best, managed its own alternative. The company an- legislation to end these abuses. care offers the opportunity to achieve Our proposal is a common sense pro- nounced last week that it will provide greater efficiency and greater quality gram that guarantees the American a special keyboard with a new range of in health care. people the fundamental protections personal computers that incorporate In too many cases, however, the pri- function keys for instant access to e- ority has become greater profits, not that every good insurance company al- mail, news, weather, shopping, and greater health. HMOs and conventional ready provides, and that every Amer- other features. insurance companies alike have abused ican who pays insurance premiums de- Like the Pixel software, this new the system by denying coverage for serves to have when serious illness keyboard enables Compaq to partner treatments that their customers need strikes. directly with Internet publishers and and that their premiums should have But the Republican Leadership’s po- access providers, effectively bypassing guaranteed. sition on these protections is to pro- Windows. In California, a Kaiser Foundation tect the insurance industry instead of These innovations make it clear that study found that almost half of all pa- protecting patients. They know that the free market works much faster and tients reported a problem with their they can’t do that in the light of day much more effectively than govern- health plan. Substantial numbers re- before the American people. So their ment intervention. It is a lesson that ported that the plan’s actions caused strategy has been to work behind the Administration and Assistant At- unnecessary pain and suffering, de- closed doors to kill the bill. Keep it torney General Klein should take to layed recovery, or even resulted in per- bottled up in committee. No markup. heart. manent disabilities. No floor vote. Delay, deny, and obfus- Mr. Klein’s counterpart at the Fed- Projected to the national level, these cate—and hope the clock runs out. eral Trade Commission, Robert results indicate that 30 million Ameri- And while the Republican Leadership Pitofsky, recently filed a similar case cans develop additional health prob- keeps the bill bottled up, they call on against Intel, another highly successful lems because of their plan’s abusive the insurance companies and their high tech company that has come practices—and a shocking 11 million right-wing allies to use their vast re- under fire for its very success. develop permanent disabilities. sources to manipulate public opinion. The FTC has charged that Intel, in The dishonor roll of those victimized The National Journal reported in No- attempting to protect its own intellec- by insurance company abuse grows vember that ‘‘a coalition of business tual property, is engaging in anti-com- every day. A baby loses his hands and groups, corporations, and health care petitive business practices. This suit feet because his parents believe they associations is planning a $1 million- comes at the very time that Intel is have to take him to a distant emer- plus public relations and grass roots facing the toughest competition in the gency room rather than the one close blitz to derail new legislation calling microprocessor market that it has to their home. for increased regulation of health

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 19, 1998 CONGRESSIONAL RECORD — SENATE S6695 plans.’’ Just a few weeks ago, it was re- We saw the results of that strategy in So even if we win the vote, this gives ported that the special interest oppo- the Senate yesterday when the Repub- the authority to the majority leader to nents have now spent more than $3 mil- licans put the interests of the tobacco send it back to the calendar. Generally, lion to defeat our common sense pro- companies ahead of the interests of the if you win the vote around here on a posals. American children. Next, it is good piece of legislation, it goes to the According to the Washington Post of medical care for American families House of Representatives, or if it has November 5 last year, ‘‘Three years that will be sacrificed on the altar of been in the House of Representatives, after they killed President Clinton’s special interest profits, if the Repub- it goes to the President of the United massive health plan, Republican lead- lican leadership has its way. States. That is the way you legislate— ers in Congress have embarked on a But those leaders are feeling the but not under the proposal of the Re- crusade to block a new generation of heat. Yesterday, the Republican leader publican leadership, and not on the federal efforts aimed at regulating the tried a new tactic to try to persuade issue of the Patients’ Bill of Rights, quality of medical care Americans re- the American people that he is not try- which he continues to refuse to sched- ceive.’’ ing to block managed care reform. But ule in this session of the Congress. The article goes on to report that the tactic was another transparent at- members of the antireform coalition tempt to dodge full and fair debate on This is bizarre, Mr. President. I know were invited to what was billed as the this important issue of health reform. he announced it at a press conference, first in a Series of Briefings for Repub- The Republican leader proposed an rather than sharing it with the Demo- lican Staff Members. ‘‘Clinton Care Re- agreement under which the Senate cratic leader and those who have been turns: The Trojan Horse Strategy.’’ could potentially take up our legisla- involved in the issue, which is gen- That is what the invitation said to the tion, which is called the Patients’ Bill erally the process and procedure. I briefing, sponsored by Senate Majority of Rights. But the proposal is clearly don’t know whether he thought that by Leader TRENT LOTT and Senate Major- not defined to allow a fair debate or issuing it at a press conference he ity Whip DON NICKLES—‘‘Clinton Care give American families the protections would be able to flummox the Amer- Returns: The Trojan Horse Strategy.’’ they need. Instead, it is designed to ican people into thinking he was really It is obvious that the Senate Repub- give Republican Senators yet one more doing something, in order for the ma- lican leadership is no friend of health excuse for not taking up this critical jority leader to return the legislation reform. legislation. to the calendar. According to a memo from one of the First, it puts off action for several So after we debate for weeks, he is participants in the briefing, ‘‘The mes- more weeks, even though time is clear- instructing the Democrats which bill sage we are getting from House and ly running out in this session of Con- to bring up, while he is keeping open Senate leadership is that we are in a gress, even though the American peo- his options. He is saying that any vote war and we need to start fighting like ple have already been waiting for more that is in relation to it, any vote at all, we are in a war.’’ It went on to say, than a year for action, even though will answer the requirements of the ‘‘Republican leadership is now engaged every day we delay, more abuses take proposal; and if we win the final vote, on this issue and is issuing strong di- place and more patients suffer needless he can still put the legislation right rectives to all players in the insurance pain and illness. back on the calendar. and employer community to get acti- Next, the agreement proposed by the vated.’’ Their message: ‘‘Get off your Republican leader would let him bring Mr. President, that is not even the butts; get out your wallets.’’ up any health care bill at all—not a end of it. Finally, the proposed agree- The special interests have responded. hint of what that could be. Yet he ment states that no other health care They are now pouring millions of dol- would limit Democrats to offering the proposal—no bills, no amendments— lars into a PR campaign to confuse and text of S. 1891, as introduced, without can be considered this year on the intimidate patients, and they are pour- revisions. The Republican leader is not issue. No health care proposal—none. ing hundreds of thousands of dollars even proposing that we bring up the This could even preclude further con- into Republican campaign committees. complete Patients’ Bill of Rights, sideration of tobacco legislation. One of the directives the GOP leader- which is S. 1890. Instead, he wants us to This is what it says, Mr. President: ship gave to their anti-reform coalition offer a companion bill that does not Finally, I ask unanimous consent that it was to ‘‘write the definitive piece of provide patients with the right to hold paper trashing all these bills’’— not be in order to offer any legislation, mo- health plans accountable for medical tion, or amendment relative to health care trashing all these bills. It apparently decisions that result in injury or death. prior to the initiation of this agreement, and did not matter to the Republican lead- It does not provide protections for following the execution of the agreement, it ership what was actually in the bills— those who buy health insurance on not be in order to offer any legislation, mo- they were all to be trashed. their own, without assistance from an tion, or amendment relative to health care Willis Gradison, the head of the employer. It is not the real Patients’ for the remainder of the 105th Congress. Health Insurance Association of Amer- Bill of Rights. I ask unanimous consent that the ica, was asked in an interview pub- In addition, the proposed agreement lished in the Rocky Mountain News to text of this unanimous consent request asks for a vote ‘‘on or in relation to’’ be printed in the RECORD. sum up the coalition’s strategy. Ac- the unnamed Republican bill and the cording to the article, Mr. Gradison re- Democratic substitute. Again, a Trojan There being no objection, the mate- plied, ‘‘There’s a lot to be said for ‘just horse. This does not guarantee a clear rial was ordered to be printed in the say no.’ ’’ The author of the article vote or final action. The Republican RECORD, as follows: goes on to report that, ‘‘At a strategy leadership could meet this requirement HEALTH CARE CONSENT session last month called by a top aide by simply having procedural votes—on to Senator DON NICKLES, Gradison ad- cloture, a point of order, or motion to I ask unanimous consent that prior to the vised Republicans to avoid taking pub- August recess, the majority leader, after no- table. Under this proposal, the Amer- tification of the minority leader, shall turn lic positions that could draw fire dur- ican people will never find out where ing the election campaign. Opponents to the consideration of a bill to be intro- the Senate stands on patient protec- duced by the majority leader, or his des- will rely on Republican leaders in both tions. ignee, regarding Health Care. chambers to keep managed care legis- Adding insult to injury, the proposal I further ask that the Senate proceed to its lation bottled up in committee.’’ further states that even if we win a So there you have it. Keep patient immediate consideration and following the vote—even if we win a vote—he re- reporting by the clerk, Senator DASCHLE or protections bottled up. Order your spe- serves the right to kill the bill by re- his designee be recognized to offer as a sub- cial interest friends to ‘‘get off their turning it to the Senate calendar after stitute the text of S. 1891, as introduced on butts and get out their wallets.’’ De- the vote. March 31, 1998. liver a massive campaign of misin- This is what his proposal says: I further ask that during the consideration formation and disinformation. Just say . . . and following those votes, it be in of the Health Care issue, it be in order for yes to the special interests—and just order for the majority leader to return the members to offer Health Care amendments say no to the American people. legislation to the calendar. in the first and second degree.

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6696 CONGRESSIONAL RECORD — SENATE June 19, 1998 I further ask unanimous consent that the from any kind of effort to try to ad- granting of regulatory authority to the chair not entertain a motion to adjourn or dress health care for the American peo- Federal Energy Regulatory Commis- recess for the August recess prior to a vote ple. This could even preclude further sion. on or in relation to the majority leader’s bill and the minority leader’s amendment, and consideration of tobacco legislation, or TVA has had remarkably stable rates following those votes, it be in order for the proposals to extend health insurance to over the last decade, with only one sig- majority leader, to return the legislation to uninsured Americans between the ages nificant rate increase during this time the calendar. of 55 and 64, or improvements in Medi- period. I agreed that TVA has not been Finally, I ask unanimous consent that it care package for senior citizens, or ap- run perfectly through the years. How- not be in order to offer any legislation, mo- propriations for the National Institutes ever, to consider a substantial regu- tion or amendment relative to Health Care of Health and other health programs, prior to the initiation of this agreement, and latory overhaul for this agency at a following the execution of the agreement, it or legislation on the privacy of medical time when comprehensive electric in- not be in order to offer any legislation, mo- records—the list goes on and on. dustry deregulation is right around the tion or amendment relative to Health Care Many of us believe that as we move corner appears to me to be premature for the remainder of the 105th Congress. on into the millennium, it is going to and unwise. Legislation to impose addi- Mr. KENNEDY. So you can’t offer be the millennium of the life sciences tional regulatory controls at a time anything to do with the health care of with extraordinary scientific break- when the Congress is beginning to seri- the American people prior to this, or throughs. And the Republican leader ously consider significantly less regu- after this, or after the Republican lead- wants to silence us from having some lation for the rest of the industry er puts this proposal back on the cal- opportunity to debate that priority? seems contradictory to me. endar to shelve it. In other words, the Mr. President, it prohibits consider- In addition, I have concerns about Republican leadership says to the Sen- ation of any legislation dealing with the impact of such a proposal on the ate of the United States: You can’t the problems of the privacy of our med- coal industry in my state. I would deal with anything affecting the health ical records, and the dangers that exist strongly oppose efforts to impose a new care of the American people for the in terms of the proliferation of medical rest of this Congress. records. There are enormously impor- federal regulatory layer that may limit Come on, Mr. President. Come on, tant issues relating to the privacy of the flexibility of TVA to purchase Ken- Mr. President. This is just the day medical records that Republicans and tucky coal. TVA buys over 26 million after the Republican leadership tried to Democrats have tried to address. But tons of Kentucky coal per year, which sink the tobacco bill. Now they are out we are foreclosed from any opportunity adds $600 million to the economy of my there trying to deny us the opportunity to consider that under this proposal. State. TVA is responsible for more to debate one of the most important Mr. President, it often takes, as we than 20 percent of all coal purchases in health care bills that is before the all know, many votes to pass legisla- Kentucky. American people. tion important to American families. I have heard from many Kentuckians Mr. President, it is just unbelievable Rarely can we do so on the first at- who are concerned about this new regu- to me to think that the majority lead- tempt. These arbitrary, unfair restric- latory proposal. I wish to place my col- er’s proposal was going to be consid- tions serve only to strengthen the leagues on notice that I will strongly ered in good faith by our Democratic power of the special interests. We have oppose any such regulatory scheme, leader, or by any Member—not just heard where those special interests are. and will oppose other overhaul efforts leadership—by any Member. We are all We understand what they are doing at outside of the context of deregulation equals in this body. the present time—raising millions of legislation. It makes no sense to con- Those who are interested in health dollars, and going on with these distor- sider two major regulatory changes in care ought to be concerned when a pro- tions and misrepresentations. such a short period of time. posal is put forward to muzzle the U.S. The networks were hardly quiet after Senate on health care. What does the the tobacco industry was able to dis- f Republican leadership fear? What do rupt the kind of successful conclusion they fear about a full and open debate of legislation here in the U.S. Senate UTAH JAZZ—WESTERN on the Patients’ Bill of Rights? What that would protect our children. The CONFERENCE NBA CHAMPS do they fear in a debate about trying to airwaves are polluted again with dis- give an opportunity for the Senate to tortions and millions of dollars in try- Mr. HATCH. Mr. President, I rise express itself to permit our uninsured ing to do a similar job on the Patients’ today to congratulate my home team, citizens between the ages of 55 and 64 Bill of Rights. They are not going to the Utah Jazz, on their remarkable to be able to buy into the Medicare sys- succeed in either one, Mr. President. season and thrilling playoff run. For tem? What do they fear about having It is said that you can fool some of the second straight year, the Jazz won an open and full debate on that issue, if the people all of the time, all of the the NBA’s Western Conference in im- the individuals are going to pay full people some of the time, but not all of pressive fashion and lost a well-fought premiums? What do they have to fear the people all of the time. series to the Chicago Bulls by the slim- about the possibility of requiring that This unanimous consent request isn’t mest of margins. companies of 50 or more employees going to fool any of the people any of As one of the team’s most faithful have some requirement to provide the time. The American people want fans, I share the heartache of the play- health care for their employees? Can’t patient protections. They deserve them ers and coaches, who came so close to we have a debate on that issue? Can’t and know parliamentary maneuvers. reaching their goal only to fall one we have a rollcall on that issue? No public relations campaign is going point short of a seventh game. How- Some will agree. Some will differ. to allow the Republican leadership to ever, I am confident that Jazz fans ev- Let the American people make a judg- avoid responsibility if this Congress erywhere share my feelings of pride in ment about how their representatives does not pass strong HMO reform legis- the season that these gutsy, tenacious stand. No, no, not if the majority lead- lation this year. players gave us to enjoy. er, on behalf of the Republicans, have f their way. To those players who believe that This proposal says ‘‘not be in order to REGULATING THE TENNESSEE professional sports have become just offer any legislation, motion, or VALLEY AUTHORITY another business with big salaries and amendment relative to health care Mr. FORD. Mr. President, I rise to product licenses, I will simply say that prior to the initiation of the agree- comment on the concerns I have about the Utah Jazz personify everything ment,’’ which is sometime just before recent proposals to dramatically that is good about the game of basket- the August recess, for the next several change the regulatory structure of the ball. The Jazz believe in teamwork, weeks, and for the rest of this session Tennessee Valley Authority. Recently, pure fundamentals, courage, and deter- following completion of this proposed legislation was introduced to make mination. agreement. If we were to proceed with dramatic changes in the regulatory Basketball fans throughout the coun- it, we would be absolutely curtailed structure of TVA, starting with the try have become enamored with the

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 19, 1998 CONGRESSIONAL RECORD — SENATE S6697 Jazz and their old-fashioned work NBA basketball team. He enabled the lated smoking area in the Senate Wing of the ethic. Often facing younger and more Jazz to stay in Salt Lake City. He has Capitol and each of the Senate Office Build- athletic teams, the Jazz have relied on displayed great leadership and commit- ings, as designated by the Architect of the their trademark discipline and team- ment to the team and the community Capitol with the approval of the Chairman of the Committee on Rules and Administration. work to overwhelm their opponents. throughout his many years of owning Senators, Chairmen of Committees in con- However, it is not just the Jazz’s tri- this team. sultation with the Ranking Member, the umphs on the basketball court that are Team President Frank Layden has Secretary of the Senate, the Sergeant at spectacular—such as winning over 76 always encouraged, motivated, and Arms, the Architect of the Capitol, the Chap- percent of this season’s games and commanded respect from the players lain, and heads of support organizations as- compiling an 11–3 mark through the and the community. His enthusiasm signed space in the Senate Wing of the Cap- Western Conference playoffs, punc- creates community spirit and strength- itol or the Senate Office Buildings may each tuated by a 4-game sweep of the formi- ens conviction in our team. establish smoking policies for all office space assigned to them.’’ dable Los Angeles Lakers. The exam- And Scott Layden’s savvy, and su- WENDELL H. FORD, ples they set for our youth off the perb sense of what makes a champion Ranking Member. court are just as noteworthy. Many of has continued to propel the Jazz to JOHN WARNER, the players give of their time, talents greater heights. He has always con- Chairman. and money to better our community. ducted the business of the Jazz with f They have been unafraid to display to professionalism, and is one of the most the world that you can be a superstar highly-respected front office people in MESSAGES FROM THE PRESIDENT and a good citizen, friend, and father. the league. Messages from the President of the Our team is made up of high caliber in- To the players, I offer my congratu- United States were communicated to dividuals. They have worked hard, be- lations on an exceptional season. Each the Senate by Mr. Williams, one of his lieved in each other, and have dis- of these fine individuals—Karl, John, secretaries. played tremendous poise and dignity Jeff, Byron, Greg, Antoine, Shandon, EXECUTIVE MESSAGES REFERRED throughout a challenging season. Howard, Chris, Adam, Greg, and As in executive session the Presiding Once again this year, Utahns were Jacque—contributed greatly to the Officer laid before the Senate messages privileged to watch the timeless duo of success of this team. On behalf of Jazz from the President of the United John Stockton and Karl Marlone work fans everywhere, I thank you all for States submitting one treaty and sun- their magic. taking us on yet another memorable dry nominations which were referred to By flawlessly executing there signa- journey to the NBA Finals. Let’s do it the appropriate committees. ture pick-and-roll time and time again, gain next year. (The nominations received today are these two basketball legends led the Mr. President, I am proud of the Jazz printed at the end of the Senate pro- Jazz to a 62-win season that classified and the unique spirit of unity that they ceedings.) as the best record in the NBA this sea- have brought to the state of Utah. Win f son and included 2 wins and no losses in or lose, they act with professionalism match-up with the Bulls. In fact, if you and class both on and off the court. REPORTS OF COMMITTEES take into account every game in which They are champions in every sense of The following reports of committees the Jazz and the Bulls faced one an- the word. were submitted: other this year, each team won four. f By Mr. CHAFEE, from the Committee on So, the way I see it, the Bulls win in Environment and Public Works, without Game 6 achieved a draw in the Jazz- CHANGES TO THE RULES FOR amendment: Bulls rivalry for the entire ’97–’98. REGULATION OF THE SENATE S. 1677. A bill to reauthorize the North I do want to congratulate the Chi- WING OF THE UNITED STATES American Wetlands Conservation Act and cago Bulls on another fine season and a CAPITOL the Partnerships for Wildlife Act (Rept. No. tremendous victory in the Finals. My Mr. WARNER. Mr. President, I ask 105–218). By Mr. HATCH, from the Committee on hat is off to Michael Jordan and the unanimous consent to have printed in the Judiciary, with an amendment: Bulls for a spectacular playoff perform- the RECORD a committee motion of the H.R. 1211. A bill for the relief of Global Ex- ance. Michael Jordan’s skills and su- Committee on Rules and Administra- ploration and Development Corporation, perb performances will be applauded tion relating to changes to the Rules Kerr-McGee Corporation, and Kerr-McGee for many years to come. No one can for Regulation of the Senate Wing of Chemical Corporation. dispute that this team is comprised of the United States Capitol. By Mr. HATCH, from the Committee on very talented players who have excited There being no objection, the mate- the Judiciary, without amendment and with and entertained basketball fans around rial was ordered to be printed in the a preamble: S. Res. 176. A resolution proclaiming the RECORD, as follows: the world for most of this decade. week of October 18 through October 24, 1998, Years from now, as I look back at UNITED STATES SENATE, as ‘‘National Character Counts Week.’’ this Jazz team, I will fondly remember COMMITTEE ON RULES AND f this remarkable season and the joy ADMINISTRATION, they brought to all their fans. It has Washington, DC, June 18, 1998. EXECUTIVE REPORTS OF been my pleasure to attend many COMMITTEE ON RULES AND ADMINISTRATION COMMITTEE games at the Delta Center and to join COMMITTEE MOTION The following executive reports of in the cheering and excitement. It has THE COMMITTEE HEREBY adopts the fol- committees were submitted: been my honor to represent the state lowing changes to the Rules for Regulation By Mr. HELMS, from the Committee on with the classiest team in the NBA. of the Senate Wing of the United States Cap- Foreign Relations: The Utah Jazz would not have been itol. Treaty Doc. 104–17 Convention For the Pro- able to achieve such success without 1. In recognition of the fact that these tection of Plants (Exec. Rept. 105–15). the contributions and talents of some rules are also applicable to the Senate Office Buildings, the name of these rules is changed TEXT OF COMMITTEE RECOMMENDED very key people. I commend head coach to read: ‘‘Rules for Regulation of the Senate RESOLUTION OF ADVICE AND CONSENT Jerry Sloan and his staff for the gritty, Wing of the United States Capitol and Sen- Resolved, (two-thirds of the Senators present hard-nosed approach that they have ate Office Buildings.’’ concurring therein), That the Senate advise given to the team. Coach Sloan never 2. In recognition of the fact that Rule X ad- and consent to the ratification of The Inter- gave excuses when things went awry dresses the barber shop and bathrooms and is national Convention for the Protection of and always expected his players to give outdated and no longer needed, the text of New Varieties of Plants of December 2, 1961, their best efforts, every minute of Rule X is revoked. as revised at Geneva on November 10, 1972, on October 23, 1978, and on March 19, 1991, and every game. He has the complete re- 3. The following is adopted and substituted for the text of Rule X: signed by the United States on October 25, spect of all of his players—the greatest ‘‘Smoking is prohibited in all public places 1991 (Treaty Doc. 104–17), subject to the res- accolade a coach can receive. and unassigned space within the Senate ervation of subsection (a), the declarations Jazz Owner Larry Miller knew what Wing of the Capitol and the Senate Office of subsection (b), and the proviso of sub- it would mean for Utah to have its own Buildings, with the exception of one venti- section (c).

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6698 CONGRESSIONAL RECORD — SENATE June 19, 1998 (a) RESERVATION.—The advice and consent TEXT OF COMMITTEE RECOMMENDED and second time by unanimous con- of the Senate is subject to the following res- RESOLUTION OF ADVICE AND CONSENT sent, and referred as indicated: ervation, which shall be included in the in- Resolved (two-thirds of the Senators present By Mr. ROBERTS: strument of ratification and shall be binding concurring therein), That the Senate advise S. 2194. A bill to amend the Arms Export on the President: and consent to the ratification of The Trade- Control Act to provide the President with PROTECTION FOR ASEXUALLY REPRODUCED mark Law Treaty done at Geneva October 27, discretionary authority to impose nuclear VARIETIES.—Pursuant to article 35(2), the 1994, with Regulations, signed by the United nonproliferation controls on a foreign coun- United States will continue to provide pro- States on October 28, 1994 (Treaty Doc. 105– try; to the Committee on Foreign Relations. tection for asexually reproduced varieties by 35), subject to the declarations of subsection By Mr. COCHRAN (for himself and Mr. an industrial property title other than a (a), and the proviso of subsection (b). LOTT): breeder’s right and will not, therefore, apply (a) DECLARATIONS.—The advice and consent S. 2195. A bill to authorize the Secretary of the terms of this Convention to those vari- of the Senate is subject to the following dec- Agriculture to sell or exchange the Gulfport eties. larations: Research Laboratory and other Forest Serv- (b) DECLARATION.—The advice and consent (1) LIMITED RESERVATIONS PROVISIONS.—It ice administrative sites in the State of Mis- of the Senate is subject to the following dec- is the Sense of the Senate that a ‘‘limited sissippi, to provide for a new research facil- larations: reservations’’ provision, such as that con- ity, and for other purposes; to the Com- (1) LIMITED RESERVATIONS PROVISIONS.—It tained in Article 21, has the effect of inhib- mittee on Agriculture, Nutrition, and For- is the Sense of the Senate that a ‘‘limited iting the Senate in its exercise of its con- estry. reservations’’ proviso, such as that con- stitutional duty to give advice and consent By Mr. GORTON (for himself, Mrs. tained in Article 35, has the effect of inhib- to ratification of a treaty, and the Senate’s MURRAY, Mr. GRAMS, and Mr. BINGA- iting the Senate in its exercise of its con- approval of this treaty should not be con- MAN): stitutional duty to give advice and consent strued as a precedent for acquiescence to fu- S. 2196. A bill to amend the Public Health to ratification of a treaty, and the Senate’s ture treaties containing such a provision. Service Act to provide for establishment at approval of this treaty should not be con- (2) TREATY INTERPRETATION.—The Senate the National Heart, Lung, and Blood Insti- strued as a precedent for acquiescence to fu- affirms the applicability to all treaties of tute of a program regarding lifesaving inter- ture treaties containing such a provision. the constitutionally based principles of trea- ventions for individuals who experience car- (2) TREATY INTERPRETATION.—The Senate ty interpretation set forth in Condition (1) of diac arrest, and for other purposes; to the affirms the applicability to all treaties of the resolution of ratification of the INF Committee on Labor and Human Resources. the constitutionally based principles of trea- Treaty, approved by the Senate on May 27, By Mr. SANTORUM: ty interpretation set forth in Condition (1) of 1988, and Condition (8) of the resolution of S. 2197. A bill to amend the Internal Rev- the resolution of ratification of the INF ratification of the Document Agreed Among enue Code of 1986 to provide an election of a Treaty, approved by the Senate on May 27, the States Parties to the Treaty on Conven- deduction in lieu of a basis increase where 1988, and Condition (8) of the resolution of tional Armed Forces in Europe, approved by indebtedness secured by property has origi- ratification of the Document Agreed Among the Senate on May 14, 1997. nal issue discount and is held by a cash the States Parties to the Treaty on Conven- (b) PROVISO.—The resolution of ratification method taxpayer; to the Committee on Fi- tional Armed Forces in Europe, approved by is subject to the following proviso, which nance. the Senate on May 14, 1997. shall be binding on the President: By Mr. ASHCROFT: SUPREMACY OF THE CONSTITUTION.—Nothing (c) PROVISO.—The resolution of ratification S. 2198. A bill to amend title 5, United in the Treaty requires or authorizes legisla- is subject to the following proviso, which States Code, to provide for Congressional re- tion or other action by the United States of shall be binding on the President: view of rules establishing or increasing America that is prohibited by the Constitu- SUPREMACY OF THE CONSTITUTION.—Nothing taxes; to the Committee on Governmental tion of the United States as interpreted by in the Treaty requires or authorizes legisla- Affairs. the United States. tion or other action by the United States of SUBMISSION OF CONCURRENT AND America that is prohibited by the Constitu- Treaty Doc. 104–376 Amendments To the SENATE RESOLUTIONS tion of the United States as interpreted by Convention On the International Maritime the United States. The following concurrent resolutions Organization (Exec. Rept. 105–18). and Senate resolutions were read, and TEXT OF COMMITTEE RECOMMENDED Treaty Doc. 105–4 International Grains referred (or acted upon), as indicated: RESOLUTION OF ADVICE AND CONSENT Agreement, 1995 (Exec. Rept. 105–16). By Mr. HARKIN (for himself, Mr. Resolved (two-thirds of the Senators present BROWNBACK, and Mr. TORRICELLI): TEXT OF COMMITTEE RECOMMENDED concurring therein), That the Senate advise S. Res. 252. A resolution expressing the RESOLUTION OF ADVICE AND CONSENT and consent to the ratification of the sense of the Senate regarding a resolution to Resolved, (two-thirds of the Senators present Amendments to the Convention on the Inter- the Kashmir dispute; to the Committee on concurring therein), That the Senate advise national Maritime Organization, adopted on Foreign Relations. and consent to the ratification of The Grains November 7, 1991, and November 4, 1993 By Ms. MOSELEY-BRAUN (for herself Trade Convention and Food Aid Convention (Treaty Doc. 105–36), subject to the declara- and Mr. LEVIN): constituting the International Grains Agree- tion of subsection (a), and the proviso of sub- S. Con. Res. 104. A concurrent resolution ment, 1995, signed by the United States on section (b). commemorating the 50th anniversary of the (a) DECLARATION.—The advice and consent June 26, 1995 (Treaty Doc. 105–4), subject to integration of the Armed Forces; considered of the Senate is subject to the following dec- the declaration of subsection (a), and the and agreed to. proviso of subsection (b). laration: (a) DECLARATION.—The advice and consent TREATY INTERPRETATION.—The Senate af- f of the Senate is subject to the following dec- firms the applicability to all treaties of the STATEMENTS ON INTRODUCED larations: constitutionally based principles of treaty BILLS AND JOINT RESOLUTIONS TREATY INTERPRETATION.—The Senate af- interpretation set forth in Condition (1) of firms the applicability to all treaties of the the resolution of ratification of the INF By Mr. ROBERTS: constitutionally based principles of treaty Treaty, approved by the Senate on May 27, S. 2194. A bill to amend the Arms Ex- interpretation set forth in Condition (1) of 1988, and Condition (8) of the resolution of port Control Act to provide the Presi- the resolution of ratification of the INF ratification of the Document Agreed Among dent with discretionary authority to Treaty, approved by the Senate on May 27, the States Parties to the Treaty on Conven- impose nuclear nonproliferation con- 1988, and Condition (8) of the resolution of tional Armed Forces in Europe, approved by the Senate on May 14, 1997. trols on a foreign country; to the Com- ratification of the Document Agreed Among mittee on Foreign Relations. the States Parties to the Treaty on Conven- (b) PROVISO.—The resolution of ratification tional Armed Forces in Europe, approved by is subject to the following proviso, which NUCLEAR NONPROLIFERATION LEGISLATION the Senate on May 14, 1997. shall be binding on the President: ∑ Mr. ROBERTS. Mr. President, today UPREMACY OF THE CONSTITUTION (b) PROVISO.—The resolution of ratification S .—Nothing I am introducing a bill that gives the is subject to the following proviso, which in the Treaty requires or authorizes legisla- President full discretionary authority shall be binding on the President: tion or other action by the United States of to address the nuclear tests recently America that is prohibited by the Constitu- SUPREMACY OF THE CONSTITUTION.—Nothing conducted by India and Pakistan. My in the Treaty requires or authorizes legisla- tion of the United States as interpreted by the United States. bill does not require the severe manda- tion or other action by the United States of tory sanctions imposed on India and America that is prohibited by the Constitu- f Pakistan be removed. Nuclear pro- tion of the United States as interpreted by INTRODUCTION OF BILLS AND the United States. liferation is a deadly serious issue. The JOINT RESOLUTIONS actions of India and Pakistan deserve a Treaty Doc. 105–35 Trademark Law Treaty The following bills and joint resolu- strong response from the United States With Regulations (Exec. Rept. 105–17). tions were introduced, read the first and the rest of the world.

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 19, 1998 CONGRESSIONAL RECORD — SENATE S6699 Sanctions are only one of several pol- CARDIAC ARREST SURVIVAL ACT on cardiac arrest from existing data- icy tools. Obviously, one of the best Mr. GORTON. Mr. President, every bases on emergency care. While the bill policy weapons we have available is day almost 1,000 Americans suffer from is far from mandating anything, I am hard-nosed diplomacy to prevent such Sudden Cardiac Arrest. It can claim convinced we can reduce the number of nuclear incidents from occurring in the the life of a promising young athlete, a cardiac arrest fatalities by encouraging first place. friend or family member regardless of states to train more people to use The President must have full flexi- age or health. Sudden Cardiac Arrest AEDs right on the scene in a way that bility to implement a strong foreign occurs when the heart’s electrical im- the state of Washington is already policy that addresses the recklessness pulses become chaotic causing the doing. of Pakistan, India or any other nation heart to stop pumping blood. Trag- The Cardiac Arrest Survival Act is that defines the world community. ically, 95 percent of Americans who the Senate companion to a bill intro- However, the Administration should be suffer from sudden cardiac arrest will duced by Congressman STEARNS in the able to do so without the constraints of die. Today, I am introducing a bill that House of Representatives that cur- a Congressionally mandated list of can change that statistic. rently has 80 cosponsors. The bill en- sanctions. This flexibility should also We know that quick implementation joys broad support from more than sev- include the authority to remove sanc- of ‘‘Chain of Survival’’—calling 911, ad- enty associations including the Amer- tions when appropriate or when in the ministering CPR and early access to ican Heart Association, the American best interest of the United States. defibrillation can dramatically im- Red Cross, the American Academy of Under current law, the United States prove survival rates for victims of Sud- Pediatrics, the Congressional Fire must impose specific and mandatory den Cardiac Arrest. Unfortunately, Services Institute Advisory Committee sanctions on any non-nuclear weapons early access to defibrillation may be with some 45 members, the Washington state that receives or detonates a nu- the most critical link in the chain and State Medical Association, the Wash- clear device. This mandated action re- the most difficult to come by. The Car- ington State Hospital Association and moves the President’s authority to cus- diac Arrest Survival Act aims to im- a number of other supporters. I am also tom-tailor sanctions and set them for a prove community access to automatic pleased to be joined by my colleagues specific period of time. These con- external defibrillators (AEDs), a ma- Senators MURRAY, GRAMS, and BINGA- straints dangerously restrict the Presi- chine designed to shock the heart and MAN as original cosponsors of the bill, dent’s ability to respond to world restore its normal rhythm. If every the full text of which I ask be printed events. community across America made this in the RECORD. My bill provides the Administration easy-to-use technology more readily There being no objection, the bill was with discretionary authority over sanc- available, we could increase the sur- ordered to be printed in the RECORD, as tions placed on nations that practice vival rate of cardiac arrest and pos- follows: nuclear proliferation. The President sibly save 250 lives each day and 100,000 S. 2196 and his diplomatic corp are given the lives each year. Be it enacted by the Senate and House of Rep- authority to either impose or not im- My home state of Washington has a resentatives of the United States of America in pose sanctions. They can decide the de- long history of encouraging the use of Congress assembled, gree of sanctions. They can later re- AEDs. King County, Washington boasts SECTION 1. SHORT TITLE. move or modify any sanctions. Addi- one of the highest cardiac arrest sur- This Act may be cited as the ‘‘Cardiac Ar- rest Survival Act’’. tionally, the President is required to vival rates in the nation at 30 percent— far above the national average survival SEC. 2. FINDINGS. report his intentions to Congress with- Congress makes the following findings: in 30 days of informing the violating rate of 5 percent. Communities that (1) Each year more than 350,000 adults suf- country of the sanctions. If it dis- have improved survival rates have en- fer cardiac arrest, usually away from a hos- agrees, Congress remains free to react sured that Emergency Medical Techni- pital. More than 95 percent of them will die, legislatively. cians are trained and equipped with in many cases, because lifesaving This bill represents an important automatic external defibrillators. defibrillators arrive on the scene too late, if step toward what I hope will be a crit- Some communities have located AEDs at all. ical debate regarding U.S. foreign pol- in public places like sports stadiums, (2) These cardiac arrest deaths occur pri- airports and shopping malls, and others marily from occult underlying heart disease icy. Unilateral sanctions rarely achieve and from drownings, allergic or sensitivity their goals. Instead, they damage U.S. have worked to ensure that police and reactions, or electrical shocks. businesses and workers. They diminish firefighters, often the first to respond (3) Survival from cardiac arrest requires U.S. strength and prestige in inter- to an emergency, are trained and successful early implementation of a chain national affairs. They generate resent- equipped with AEDs. of events, the chain of survival which begins ment from allies and competitors Although the technology is proven when the person sustains a cardiac arrest alike. effective, access to defibrillators out- and continues until the person arrives at the I would remind you that we now have side the hospital setting is limited. Pa- hospital. (4) A successful chain of survival requires in place unilateral sanctions against tient care and survival suffer from a patchwork of different state laws. Less the first person on the scene to take rapid more than 70 nations representing al- and simple initial steps to care for the pa- most three-fourths of the world’s popu- than half of the nation’s Emergency tient and to assure the patient promptly en- lations. Those are markets lost to the Medical Technicians are even trained ters the emergency medical services system. American economy. and equipped to use AEDs. The Cardiac (5) The first persons on the scene when an Congress and the Administration Arrest Survival Act aims to reduce the arrest occurs are typically lay persons who must now work together to reassess all number of cardiac arrest fatalities by are friends or family of the victim, fire serv- instances where unilateral sanctions encouraging a uniform system of state ices, public safety personnel, basic life sup- are imposed. This bill represent an ex- laws and to improve current emergency port emergency medical services providers, teachers, coaches, and supervisors of sports cellent step in the right direction.∑ medical training programs. The bill asks the National Heart, or other extracurricular activities, providers of day care, school bus drivers, lifeguards, By Mr. GORTON (for himself, Lung, and Blood Institute to work on attendants at public gatherings, coworkers, Mrs. MURRAY, Mr. GRAMS, and model state legislation that addresses and other leaders within the community. Mr. BINGAMAN): some of the barriers to community ac- (6) A coordinated Federal response is nec- S. 2196. A bill to amend the Public cess to AEDs such as good samaritan essary to ensure that appropriate and timely Health Service Act to provide for es- immunity and public placement of lifesaving interventions are provided to per- tablishment at the National Heart, these machines. NHLBI will also work sons sustaining nontraumatic cardiac arrest. Lung, and Blood Institute of a program with the National Highway Transpor- The Federal response should include, but not regarding lifesaving interventions for tation and Safety Administration to be limited to— (A) significantly expanded research con- individuals who experience cardiac ar- update the current medical training cerning the efficacy of various methods of rest, and for other purposes; to the curriculum to reflect the improvement providing immediate out-of-hospital life- Committee on Labor and Human Re- in technology. The bill will also coordi- saving interventions to the nontraumatic sources. nate a database to collect information cardiac arrest patient;

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6700 CONGRESSIONAL RECORD — SENATE June 19, 1998 (B) the development of research-based, na- ‘‘(6) The development in accordance with the Congress that represents the peo- tionally uniform, easily learned and well re- this paragraph of model State legislation (or ple. Only Congress considers and tained model core educational content con- Federal legislation applicable to Federal ter- weighs every issue that rises to na- cerning the use of such lifesaving interven- ritories, facilities, and employees). In devel- tional importance. While federal agen- tions by health care professionals, allied oping the model legislation, the Director of cies consider their own priorities to be health personnel, emergency medical serv- the Institute shall cooperate with the Attor- ices personnel, public safety personnel, and ney General, and may consult with nonprofit paramount, only Congress can deter- other persons who are likely to arrive imme- private organizations that are involved in mine which goals merit a tax on the diately at the scene of a sudden cardiac ar- the drafting of model State legislation. The American people. rest; model legislation shall be developed in ac- The modern era of restricted federal (C) an identification of the legal, political, cordance with the following: budgets, however, threatens to erode financial, and other barriers to imple- ‘‘(A) The purpose of the model legislation the essential principle of ‘‘no taxation menting these lifesaving interventions; and shall be to ensure— without representation.’’ In many sub- (D) the development of model State legis- ‘‘(i) access to emergency medical services tle and often hidden ways, federal lation to reduce identified barriers and to en- through consideration of a requirement for agencies are receiving from Congress hance each State’s response to this signifi- public placement of lifesaving equipment; the power to tax. cant problem. and ‘‘(ii) good samaritan immunity for cardiac They tax by adding unnecessary SEC. 3. NATIONAL INSTITUTES OF HEALTH charges to legitimate government user MODEL PROGRAM ON THE FIRST arrest care providers; those involved with LINKS IN THE CHAIN OF SURVIVAL. the instruction of the training programs; and fees. They tax through federal man- Section 421 of the Public Health Service owners and managers of property where dates. These taxes pass the cost of gov- Act (42 U.S.C. 285b–3) is amended by adding equipment is placed. ernment on to the American people— at the end the following subsection: ‘‘(B) In the development of the model legis- without their knowledge. ‘‘(c) Programs under subsection (a)(1)(E) lation, there shall be consideration of re- The worst example of administrative (relating to emergency medical services and quirements for training in the core content taxation is the Federal Communica- preventive, diagnostic, therapeutic, and re- and use of lifesaving equipment for State li- tions Commission’s Universal Service habilitative approaches) shall include pro- censure or credentialing of health profes- tax. ‘‘Universal service’’ is the idea grams for the following: sionals or other occupations or employment of other individuals who may be defined as that everyone should have access to af- ‘‘(1) The development and dissemination, fordable telecommunications services. in coordination with the emergency services cardiac arrest care providers under para- guidelines promulgated under section 402(a) graph (3). It originated at the beginning of the of title 23, United States Code, by the Asso- ‘‘(7) The coordination of a national data- century when the first national tele- ciate Administrator for Traffic Safety Pro- base for reporting and collecting information communications service was still being grams, Department of Transportation, of a relating to the incidence of cardiac arrest, created. This idea was expanded in the core content for a model State training pro- the circumstances surrounding such arrests, Telecommunications Act of 1996, which gram applicable to cardiac arrest for inclu- the rate of survival, the effect of age, and allowed the FCC to extend universal sion in appropriate current emergency med- whether interventions, including cardiac ar- service funds to provide ‘‘discount tele- ical services educational curricula and train- rest care provider interventions, or other as- pects of the chain of survival, improve the communications services’’ to schools, ing programs that address lifesaving inter- libraries, and rural health care facili- ventions, including cardiopulmonary resus- rate of survival. The development of such citation and defibrillation. In developing the database shall be coordinated with other ex- ties. core content for such program, the Director isting databases on emergency care that Most importantly, the Act gave the of the Institute may rely upon the content of have been developed under the authority of FCC the power to decide the level of similar curricula and training programs de- the National Highway Traffic Safety Admin- ‘‘contributions’’—taxes—that tele- veloped by national nonprofit entities. The istration and the Centers for Disease Control communications companies would have core content of such program— and Prevention.’’. to pay to support universal service. ‘‘(A) may be used by health care profes- The FCC now determines how much By Mr. ASHCROFT: sionals, allied health personnel, emergency must be collected in taxes that sub- S. 2198. A bill to amend title 5, medical services personnel, public safety per- sidize a variety of ‘‘universal service’’ United States Code, to provide for Con- sonnel, and any other persons who are likely spending programs. Long distance pro- to arrive immediately at the scene of a sud- gressional review of rules establishing viders pass the costs on to consumers den cardiac arrest (in this subsection re- or increasing taxes; to the Committee in the form of higher telephone bills. In ferred to as ‘cardiac arrest care providers’) on Governmental Affairs. to provide lifesaving interventions, including the first half of 1998, the tax was $625 THE TAXPAYERS’ DEFENSE ACT cardiopulmonary resuscitation and million, and the Clinton Administra- defibrillation; Mr. ASHCROFT. Mr. President, I rise tion’s budget projects it will rise to $10 ‘‘(B) shall include age-specific criteria for today to introduce the Taxpayer’s De- billion per year. This administrative the use of particular techniques, which shall fense Act. Quite simply, this bill pro- tax is already out of control. include infants and children; and hibits any agency from establishing a This is possible because Congress del- ‘‘(C) shall be reevaluated as additional tax on the American people. egated its authority to tax. The FCC is interventions are shown to be effective. Mr. President, as we all know, the ‘‘(2) The operation of a limited demonstra- able to collect taxpayer dollars at lev- United States was founded on one sim- els it sets—without approval from Con- tion project to provide training in such core ple and fundamental principle—no tax- content for cardiac arrest care providers to gress or the people. The FCC can defy validate the effectiveness of the training ation without representation. Congress and the people because it has program. In ‘‘The Second Treatise of Govern- the power to levy taxes. ‘‘(3) The definition and identification of ment’’, John Locke said, ‘‘if anyone Mr. President, some people thought cardiac arrest care providers, by personal re- shall claim a power to lay and levy the tax and spend liberals had left lationship, exposure to arrest or trauma, oc- taxes on the people . . . without . . . Washington. Not so. Washington inter- cupation (including health professionals), or consent of the people, he thereby . . . est groups who want to feed at this new otherwise, who could provide benefit to vic- subverts the end of government.’’ Ac- federal trough already are geared up to tims of out-of-hospital arrest by comprehen- cording to Locke, consent required sion of such core content. accuse the Republic Congress of cut- ‘‘(4) The establishment of criteria for com- agreement by a majority of the people, ting funding for education and health pletion and comprehension of such core con- ‘‘either by themselves or their rep- care if any attempt is made to rein in tent, including consideration of inclusion in resentatives chosen by them.’’ The the FCC. They will frame the issue as health and safety educational curricula. Declaration of Independence listed, a matter of federal entitlements for ‘‘(5) The identification and development of among the despotic acts of King sympathetic causes and groups. equipment and supplies that should be acces- George, his ‘‘imposing taxes on us The most sympathetic group is the sible to cardiac arrest care providers to per- without our consent.’’ American taxpayer, whose money is mit lifesaving interventions by preplacement The Boston Tea Party remains the being taken, laundered through the of such equipment in appropriate locations symbol of Americans’ opposition to insofar as such activities are consistent with Washington bureaucracy, and returned the development of the core content and uti- taxation without representation. The for purposes set by unelected Wash- lize information derived from such studies by Constitutional authority—given only ington bureaucrats. This is why the the National Institutes of Health on inves- to Congress—to establish federal taxes FCC must be required to get the ap- tigation in cardiac resuscitation. is clear. Its reasoning also is clear. It is proval of

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 19, 1998 CONGRESSIONAL RECORD — SENATE S6701 Congress before setting future tax MOYNIHAN) was added as a cosponsor of sponsors of Senate Concurrent Resolu- rates. S. 1334, a bill to amend title 10, United tion 95, a concurrent resolution ex- Should tax dollars be used for federal States Code, to establish a demonstra- pressing the sense of Congress with re- universal service programs and what tion project to evaluate the feasibility spect to promoting coverage of individ- amounts or should Americans spend of using the Federal Employees Health uals under long-term care insurance. what they earn on their own, real, Benefits program to ensure the avail- f local priorities? Requiring Congress to ability of adequate health care for review any administrative taxes would Medicare-eligible beneficiaries under SENATE CONCURRENT RESOLU- answer this question. the military health care system. TION 104—COMMEMORATING THE My bill would create a new section to S. 1423 50TH ANNIVERSARY OF THE IN- the Congressional Review Act for man- At the request of Mr. HAGEL, the TEGRATION OF THE ARMED datory review of certain agency rules. name of the Senator from Alaska (Mr. FORCES Any rule that establishes or raises a MURKOWSKI) was added as a cosponsor Ms. MOSELEY-BRAUN (for herself tax would have to be submitted to and of S. 1423, a bill to modernize and im- and Mr. LEVIN) submitted the following receive the approval of Congress before prove the Federal Home Loan Bank concurrent resolution; which was con- taking effect. In essence, the Act would System. sidered and agreed to: disable agencies from setting taxes, but S. 1647 would allow them to formulate pro- S. CON. RES. 104 At the request of Mr. BAUCUS, the posals under existing rulemaking pro- Whereas 50 years ago on July 28, 1948, name of the Senator from Colorado cedures. President Truman issued Executive Order (Mr. CAMPBELL) was added as a cospon- No. 9981 that stated that it is essential that Once submitted to Congress, a taxing sor of S. 1647, a bill to reauthorize and there be maintained in the Armed Services regulation would be introduced in both make reforms to programs authorized of the United States the highest standards of the House and Senate by the Majority by the Public Works and Economic De- democracy, with equality of treatment and Leader. The rule would then be subject opportunity for all those who serve in our velopment Act of 1965. to expedited procedures, allowing a country’s defense; prompt decision on whether or not to S. 1929 Whereas President Truman declared that approve a rule. The rule would have to At the request of Mrs. HUTCHISON, the there shall be equality of treatment and op- be approved by both Houses and signed name of the Senator from West Vir- portunity for all persons in the Armed Serv- ices without regard to race, color, religion, by the President. ginia (Mr. ROCKEFELLER) was added as a cosponsor of S. 1929, a bill to amend or national origin; Congress must not allow a federal Whereas soon after the Executive order agency—unelected and unaccountable the Internal Revenue Code of 1986 to was issued American soldiers fighting in federal bureaucrats—to determine the provide tax incentives to encourage Korea led the way to a fully integrated amount of taxes hardworking Ameri- production of oil and gas within the Army; cans must pay. The Taxpayers’ Defense United States, and for other purposes. Whereas after the enactment of the Civil Act will require Congress to stand up S. 2112 Rights Act of 1964, the Armed Forces re- solved to implement the legislation as a new and face the American people when it At the request of Mr. ENZI, the name opportunity to provide all members of the decides to tax. The cry of ‘‘no taxation of the Senator from Connecticut (Mr. Armed Forces with freedom from discrimina- without representation’’ has gone up in DODD) was added as a cosponsor of S. tion within and outside its military commu- the land before, and today we are hear- 2112, a bill to make the Occupational nities; ing it again. It is time that we respond. Safety and Health Act of 1970 applica- Whereas the efforts of the Armed Forces to f ble to the United States Postal Service ensure the equality of treatment and oppor- in the same manner as any other em- tunity for its members contributed signifi- ADDITIONAL COSPONSORS ployer. cantly to the advancement of that goal for all Americans; S. 1147 S. 2151 Whereas minorities serve today in senior At the request of Mr. WELLSTONE, the At the request of Mr. NICKLES, the leadership positions throughout the Armed names of the Senator from New York names of the Senator from Kansas (Mr. Forces, as officers, senior noncommissioned (Mr. MOYNIHAN) and the Senator from BROWNBACK), the Senator from Idaho officers, and civilian leaders; and North Carolina (Mr. FAIRCLOTH) were (Mr. CRAIG), the Senator from Michi- Whereas the Armed Forces have dem- added as cosponsors of S. 1147, a bill to gan (Mr. ABRAHAM), the Senator from onstrated a total and continuing commit- ment to ensuring the equality of treatment amend the Public Health Service Act, Pennsylvania (Mr. SANTORUM), the Sen- and opportunity for all persons in the Total Employee Retirement Income Security ator from Colorado (Mr. ALLARD), and Act of 1974, and the Internal Revenue Force, both military and civilian: Now, the Senator from Iowa (Mr. GRASSLEY) therefore, be it Code of 1986 to provide for nondiscrim- were added as cosponsors of S. 2151, a Resolved by the Senate (the House of Rep- inatory coverage for substance abuse bill to clarify Federal law to prohibit resentatives concurring), That Congress— treatment services under private group the dispensing or distribution of a con- (1) commends the United States Armed and individual health coverage. trolled substance for the purpose of Forces for its efforts, leadership, and success S. 1251 causing, or assisting in causing, the in providing equality of treatment and op- portunity; and At the request of Mr. BREAUX, the suicide, euthanasia, or mercy killing of (2) recognizes the commemoration by the name of the Senator from Wisconsin any individual. Department of Defense on July 24, 1998, of (Mr. KOHL) was added as a cosponsor of SENATE JOINT RESOLUTION 50 the 50th anniversary of the integration of S. 1251, a bill to amend the Internal At the request of Mr. BOND, the name the Armed Forces. Revenue Code of 1986 to increase the of the Senator from Indiana (Mr. f amount of private activity bonds which COATS) was added as a cosponsor of may be issued in each State, and to Senate Joint Resolution 50, a joint res- SENATE RESOLUTION 252—EX- index such amount for inflation. olution to disapprove the rule sub- PRESSING THE SENSE OF THE S. 1252 mitted by the Health Care Financing SENATE REGARDING A RESOLU- At the request of Mr. D’AMATO, the Administration, Department of Health TION TO THE KASHMIR DISPUTE name of the Senator from Wisconsin and Human Services on June 1, 1998, re- Mr. HARKIN (for himself, Mr. (Mr. KOHL) was added as a cosponsor of lating to surety bond requirements for BROWNBACK, and Mr. TORRICELLI) sub- S. 1252, a bill to amend the Internal home health agencies under the medi- mitted the following resolution; which Revenue Code of 1986 to increase the care and medicaid programs. was referred to the Committee on For- amount of low-income housing credits SENATE CONCURRENT RESOLUTION 95 eign Relations: which may be allocated in each State, At the request of Mr. DODD, the S. RES. 252 and to index such amount for inflation. names of the Senator from Maine (Ms. Whereas the detonation of nuclear explo- S. 1334 COLLINS), the Senator from Oregon sive devices by India and Pakistan in May of At the request of Mr. BOND, the name (Mr. SMITH), and the Senator from Ha- 1998 has underscored the need to reexamine of the Senator from New York (Mr. waii (Mr. INOUYE) were added as co- relations between India and Pakistan;

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6702 CONGRESSIONAL RECORD — SENATE June 19, 1998 Whereas a spiraling nuclear arms race in perts have long considered South Asia AMENDMENTS SUBMITTED South Asia would threaten the national se- generally, and Kashmir specifically, a curity of the United States, and inter- ‘‘nuclear flash point.’’ These long- national peace and security; standing tensions between Pakistan THE NATIONAL DEFENSE AUTHOR- Whereas for more than half a century, and India have only worsened with IZATION ACT FOR FISCAL YEAR Pakistan and India have had a dispute in- 1999 volving the Jammu and Kashmir region and their testing of nuclear weapons last tensions remain high; month. It is more important than ever Whereas three times in the past 50 years, to take a serious look at Pakistan- ROBERTS AMENDMENT NO. 2730 the two nations fought wars against each India relations. other, two of these wars directly involving A peaceful resolution to the Kashmir (Ordered to lie on the table.) Jammu and Kashmir; dispute is not only in the interest of Mr. ROBERTS submitted an amend- Whereas it is in the interest of United the peoples of South Asia, it is also in ment intended to be proposed by him States security and world peace for Pakistan to the bill (S. 2057) to authorize appro- and India to arrive at a peaceful and just set- the interest of the United States. Our nation has had a long and important priations for the fiscal year 19099 for tlement of the dispute through talks be- military activities of the Department tween the two nations, which takes into ac- history with both countries. I think count the wishes of the affected population; the United states is very aware of the of Defense, for military construction, Whereas the human rights situation in dangers to our own national security, and for defense activities of the De- Jammu and Kashmir continues to deterio- as well as the peace and security of the partment of Energy, to prescribe per- rate despite repeated efforts by international whole world, if the Kashmir dispute sonnel strengths for such fiscal year human rights groups; continues without resolution. for the Armed Forces, and for other Whereas a resolution to the Jammu and purposes; as follows: Kashmir dispute would foster economic and Further, a peaceful resolution to this At the end of subtitle D of title X, add the social development in the region; conflict would foster economic and so- following: Whereas the United States has a long and cial development of the Kashmir re- important history with both India and Paki- SEC. ll. PRESIDENTIAL AUTHORITY TO IMPOSE gion, as well as the rest of South Asia. NUCLEAR NONPROLIFERATION CON- stan, and bears a responsibility as a world It would also curb many of the human TROLS. leader to help facilitate a peaceful resolution rights abuses which continue despite (a) AMENDMENT OF THE ARMS EXPORT CON- to the Jammu and Kashmir dispute; and TROL ACT.— Whereas the United States and the United the efforts by many international groups. (1) REPROCESSING TRANSFERS; ILLEGAL EX- Nations can both play a critical role in help- PORTS.—Section 102(a) of the Arms Export ing to resolve the dispute over Jammu and As a world leader, we must take the Control Act (22 U.S.C. 2799aa–1(a)) is amend- Kashmir and in fostering better relations be- initiative to help negotiate a peaceful ed by striking ‘‘no funds’’ and all that fol- tween Pakistan and India: Now, therefore, be and just end to the dispute in the Kash- lows through ‘‘making guarantees,’’ and in- it mir region that follows the wishes of serting the following: ‘‘the President may Resolved, That it is the sense of the Senate those affected. And both the United suspend or terminate the provision of eco- that— States and the United Nations can play nomic assistance under the Foreign Assist- (1) the United States should make a high ance Act of 1961 (including economic support priority the promotion of peace and stability an important role in finding a resolu- tion to the dispute over Kashmir, and fund assistance under chapter 4 of part II of in South Asia, as well as normalization of re- that Act) or military assistance, grant mili- lations between India and Pakistan; in improving relations between Paki- tary education and training, or peacekeeping (2) it is critical for the United States and stan and India. While the Administra- assistance under part II of that Act, or the the world community to give a greater pri- tion and the international community extension of military credits or the making ority to resolving the long-standing dispute have taken several steps to address of guarantees under the Arms Export Con- between India and Pakistan over the Jammu these problems, more action is re- trol Act,’’. and Kashmir region; (2) TRANSFER OR USE OF NUCLEAR EXPLOSIVE (3) the United States Permanent Rep- quired. This Senate resolution states that re- DEVICES.—Section 102(b) of the Arms Export resentative to the United Nations should Control Act (22 U.S.C. 2799aa–1(b)) is amend- propose to the United Nations Security solving the Kashmir dispute should be ed— Council a meeting with the representatives a top US priority, as well as that of the (A) in paragraph (1), by striking ‘‘shall to the United Nations from India and Paki- world community. Furthermore, this forthwith impose’’ and inserting ‘‘may im- stan for the purpose of discussions about the resolution asks our Ambassador to the pose’’; security situation in South Asia, including United Nations to call a meeting of the (B) by striking paragraphs (4), (5), and (7); regional stability, nuclear disarmament and Security Council with representatives (C) by redesignating paragraphs (6) and (8) arms control, and trade; as paragraphs (4) and (5), respectively; and (4) the United States Permanent Rep- from both India and Pakistan for the purpose of discussing security in South (D) by amending paragraph (4) (as redesig- resentative to the United Nations should nated) to read as follows: raise the issue of the Jammu and Kashmir Asia. It also advises the Administra- ‘‘(4) If the President decides to impose any dispute within the Security Council and pro- tion to raise the issue of Kashmir with sanction against a country under paragraph mote the establishment of a United Nations- the Security Council and promote the (1)(C) or (1)(D), the President shall forthwith sponsored mediator for the conflict; and possibility of a UN sponsored mediator so inform that country and shall impose the (5) the President should request India to for the conflict. Finally, this resolu- sanction beginning 30 days after submitting allow United Nations human rights officials, tion requests that the President ask to Congress the report required by paragraph including the Special Rapporteur on Torture, (1) unless, and to the extent that, there is en- to visit the Jammu and Kashmir region and the Indian government to allow UN human rights officials to visit the acted during the 30-day period a law prohib- to have unrestricted access to meeting with iting the imposition of that sanction.’’. people in that region, including those in de- Kashmir region. (b) EFFECTIVE DATE.—The amendments tention. I believe the resolution outlines some made by subsection (a) shall apply to deter- Mr. HARKIN. Mr. President, today I important next steps for the U.S. to minations made by the President before, on, submit a resolution on behalf of my- help facilitate a reasonable and just so- or after the date of enactment of this Act. self, Senator BROWNBACK and Senator lution to the Kashmir dispute and nor- TORRICELLI, which addresses a critical malization of relations between India MURKOWSKI AMENDMENTS NOS. issue in South Asia. It calls for a and Pakistan. It is time for the United 2731–2732 peaceful and just settlement of the dis- States Government and the world to (Ordered to lie on the table.) pute over Kashmir. act in a productive manner that will Mr. MURKOWSKI submitted two For the better part of half a century, help attain stability in South Asia. We amendments intended to be proposed Pakistan and India have had a terri- cannot turn a blind eye to this long- by him to the bill S. 2057, supra; as fol- torial dispute involving the Jammu standing conflict any longer and must lows: and Kashmir region—commonly re- seek a peaceful end to this dispute AMENDMENT NO. 2731 ferred to simply as Kashmir. Three which not only benefits the countries At the end of subtitle D of title X, add the times in the past 50 years, these two involved, but will ultimately benefit following: nations have fought against one an- the world. SEC. . other, two of these wars were over I urge my colleagues to support this Notwithstanding any other provision of Kashmir. International security ex- resolution. law:

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 19, 1998 CONGRESSIONAL RECORD — SENATE S6703 (a) It is the Sense of the Senate that: that internal command structures are well- HUTCHINSON AMENDMENT NO. 2734 (1) Compliance with the April 29, 2007 dead- defined and streamlined avoiding unneces- (Ordered to lie on the table.) line for demilitarization of the United States sary oversight layers, and that those with chemical weapons stockpile mandated by the immediate responsibility for the chemical Mr. HUTCHINSON submitted an Chemical Weapons Convention is of primary weapons demilitarization program have posi- amendment intended to be proposed by importance; tions sufficient in stature and scope to meet him to the bill S. 2057, supra; as fol- (2) The Department of Defense and the De- the April 29, 2007 deadline. lows: partment of the Army should make certain (b)(1) The Secretary of the Army shall Add at the end the following new title: that internal command structures are enter into an Interagency Agreement with TITLE —RADIO FREE ASIA streamlined and that those with immediate the Administrator of the Environmental SEC. . SHORT TITLE. responsibility for the chemical weapons de- Protection Agency no later than December This title may be cited as the ‘‘Radio Free militarization program have sufficient stat- 31, 1998, to facilitate, expedite and accelerate Asia Act of 1998’’. ure in nature and scope to meet the April 29, all issues and permits necessary to destroy 2007 deadline. the chemical weapons stockpile as mandated SEC. . FINDINGS. Congress makes the following findings: (b) OFFICE FOR CHEMICAL WEAPON DEMILI- by the Chemical Weapons Convention. (1) The Government of the People’s Repub- TARIZATION. (2) Notwithstanding any other provision of lic of China systematically controls the flow (1) As Executive Agent for the chemical law, the Secretary of the Army may provide weapon demilitarization program, the De- of information to the Chinese people. such funds or resources to the Environ- (2) The Government of the People’s Repub- partment of the Army shall facilitate, expe- mental Protection Agency as he deems nec- lic of China demonstrated that maintaining dite, and accelerate the disposal of the chem- essary to effectuate the Interagency Agree- its monopoly on political power is a higher ical weapon stockpile in order to comply ment provided for in subsection (b)(1). priority than economic development by an- with the April 29, 2007, mandatory comple- (3) In its annual Chemical Weapons Demili- nouncing in January 1996 that its official tion date established by the Chemical Weap- tarization Report to Congress, the Depart- news agency Xinhua, will supervise wire ons Convention. ment of Defense shall provide a detailed ex- services selling economic information, in- (2)(A) The Secretary of the Army shall des- planation of the ongoing status of all federal cluding Dow Jones-Telerate, Bloomberg, and ignate or establish one office to provide and state permits needed to destroy the Reuters Business, and in announcing in Feb- oversight and policy guidance for all chem- chemical weapons stockpile and the impact ruary of 1996 the ‘‘Interim Internet Manage- ical weapons demilitarization, Chemical of those permits on the program cost and de- ment Rules’’, which have the effect of cen- Weapons Convention, and related issues. struction schedule. soring computer networks. This office shall have executing authority (3) Under the May 30, 1997, order of Premier and responsibility for the annual Chemical Li Peng, all organizations that engage in Weapons Demilitarization Appropriation. GRAMM AMENDMENT NO. 2733 business activities related to international (B) The office provided for in this sub- computer networking must now apply for a section may (i) delegate such authorities and (Ordered to lie on the table.) license, increasing still further government functions to U.S. agencies as are necessary Mr. GRAMM submitted an amend- ment intended to be proposed by him control over access to the Inernet. to comply with the April 29, 2007, deadline; (4) Both Radio Free Asia and the Voice of and (ii) negotiate and execute such incentive to the bill, S. 2057, supra; as follows: America, as a surrogate for a free press in contracts with non-governmental entities as On page 130, between lines 11 and 12, insert the People’s Republic of China, provide an are necessary to comply with the April 29, the following: invaluable source of uncensored information 2007 deadline. SEC. 644. VOTING RIGHTS OF MILITARY PER- to the Chinese people, including objective (C) For budget issues within the purview of SONNEL. and authoritative news of in-country and re- the Department of Defense as provided for in (a) GUARANTEE OF RESIDENCY.—Article VII gional events, as well as accurate news about section 1412 of PL 99–145 (as amended), the of the Soldiers’ and Sailors’ Civil Relief Act the United States and its policies. office created by this subsection shall report of 1940 (50 U.S.C. App. 590 et seq.) is amended (5) Radio Free Asia currently broadcasts through the Army Acquisition Executive to by adding at the end the following: only 5 hours a day in the Mandarin dialect the Defense Acquisition Executive. ‘‘SEC. 704. (a) For purposes of voting for an and 2 hours a day in Tibetan. (D)(i) The position having responsibilities office of the United States or of a State, a (6) Voice of America currently broadcasts for this office shall be considered a career-re- 1 person who is absent from a State in compli- only 10 hours a day in Mandarin and 3 ⁄2 served position as defined in section ance with military or naval orders shall not, hours a day in Tibetan. 3132(a)(8) of title 5. solely by reason of that absence— (7) Radio Free Asia and Voice of America (ii) The Secretary of the Army shall assign ‘‘(1) be deemed to have lost a residence or should develop 24-hour-a-day service in Man- an officer from the Army Acquisition Corps domicile in that State; darin, Cantonese, and Tibetan, as well as fur- to act as a military deputy for this office. ‘‘(2) be deemed to have acquired a resi- ther broadcasting capability in the dialects (E) The Secretary of the Army may assign dence or domicile in any other State; or spoken in the People’s Republic of China. such other responsibilities to the office cre- ‘‘(3) be deemed to have become resident in (8) Radio Free Asia and Voice of America, ated by this subsection as the Secretary or a resident of any other State. in working toward continuously broad- deems appropriate. ‘‘(b) In this section, the term ‘State’ in- casting to the People’s Republic of China in (F)(i) The Assembled Chemical Weapons cludes a territory or possession of the United multiple languages, have the capability to Assessment Program created by PL 104–208 States, a political subdivision of a State, ter- immediately establish 24-hour-a-day Man- shall continue to report to the Undersecre- ritory, or possession, and the District of Co- darin broadcasting to that nation by stag- tary of Defense for Acquisition and Tech- lumbia.’’. gering the hours of Radio Free Asia and nology. (b) STATE RESPONSIBILITY TO GUARANTEE Voice of America. (ii) The office created in this subsection MILITARY VOTING RIGHTS.—(1) Section 102 of (9) Simultaneous broadcasting on Voice of shall transfer such funds to the Assembled the Uniformed and Overseas Citizens Absen- America radio and Worldnet television 7 Chemical Weapons Assessment as are made tee Voting Act (42 U.S.C. 1973ff–1) is amend- days a week in Mandarin are also important available by Congress. ed— and needed capabilities. (A) by inserting ‘‘(a) ELECTIONS FOR FED- SEC. . AUTHORIZATION OF APPROPRIATIONS AMENDMENT NO. 2732 FOR INCREASED FUNDING FOR ERAL OFFICES.—’’ before ‘‘Each State shall— At the appropriate place, insert the fol- RADIO FREE ASIA AND VOICE OF ’’; and AMERICA BROADCASTING TO CHINA. lowing; (B) by adding at the end the following: (a) AUTHORIZATION OF APPROPRIATIONS FOR SEC. . ‘‘(b) ELECTIONS FOR STATE AND LOCAL OF- RADIO FREE ASIA.— Notwithstanding any other provision of FICES.—Each State shall— (1) AUTHORIZATION OF APPROPRIATIONS.— law: ‘‘(1) permit absent uniformed services vot- There are authorized to be appropriated for (a) It is the Sense of the Senate that: ers to use absentee registration procedures ‘‘Radio Free Asia’’ $30,000,000 for fiscal year (1) Compliance with the April 29, 2007 dead- and to vote by absentee ballot in general, 1998 and $22,000,000 for fiscal year 1999. line for destruction of the United States special, primary, and runoff elections for (2) LIMITATIONS.— chemical weapons stockpile mandated by the State and local offices; and (A) Of the funds under paragraph (1) au- Chemical Weapons Convention is of primary ‘‘(2) accept and process, with respect to thorized to be appropriated for fiscal year importance; any election described in paragraph (1), any 1998, $8,000,000 is authorized to be appro- (2) The President should request that all otherwise valid voter registration applica- priated for one-time capital costs. federal agencies assist the Department of De- tion from an absent uniformed services voter (B) Of the funds under paragraph (1), fense and the Department of the Army in fa- if the application is received by the appro- $700,000 is authorized to be appropriated for cilitating, expediting and accelerating the priate State election official not less than 30 each such fiscal year for additional per- destruction of the United States chemical days before the election.’’. sonnel to staff Cantonese language broad- weapons stockpile; and (2) The heading of title I of such Act is casting. (3) The Department of Defense and the De- amended by striking out ‘‘FOR FEDERAL (C) Of the funds under paragraph (1), partment of the Army should make certain OFFICE’’. $100,000 is authorized to be appropriated for

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6704 CONGRESSIONAL RECORD — SENATE June 19, 1998 each of the fiscal years 1998 and 1999 for addi- (2) For over 15 years there have been fre- (2) provides written notification to Con- tional personnel to staff Hmong language quent and credible reports of forced abortion gress containing a justification for the waiv- broadcasting. and forced sterilization in connection with er. (b) AUTHORIZATION OF APPROPRIATIONS FOR the population control policies of the Peo- INTERNATIONAL BROADCASTING TO CHINA AND ple’s Republic of China. These reports indi- WARNER AMENDMENT NO 2736 NORTH KOREA.—In addition to such sums as cate the following: are otherwise authorized to be appropriated (A) Although it is the stated position of Mr. WARNER proposed an amend- for ‘‘International Broadcasting Activities’’ the politburo of the Chinese Communist ment to the motion to recommit the for fiscal years 1998 and 1999, there are au- Party that forced abortion and forced steri- bil, S. 2057, supra; as follows: thorized to be appropriated for ‘‘Inter- lization have no role in the population con- In the amendment, strike all after national Broadcasting Activities’’ $10,000,000 trol program, in fact the Communist Chinese ‘‘FORCED’’ and insert the following: for fiscal year 1998 and $7,000,000 for fiscal Government encourages both forced abortion ABORTIONS IN CHINA year 1999, which shall be available only for and forced sterilization through a combina- enhanced Voice of America broadcasting to tion of strictly enforced birth quotas and im- SEC. . SHORT TITLE. China and North Korea. munity for local population control officials This title may be cited as the ‘‘Forced (c) AUTHORIZATION OF APPROPRIATIONS FOR who engage in coercion. Officials acknowl- Abortion Condemnation Act’’. RADIO CONSTRUCTION.— edge that there have been instances of forced SEC. . FINDINGS. (1) AUTHORIZATION OF APPROPRIATIONS.—In abortions and sterilization, and no evidence Congress makes the following findings: addition to such sums as are otherwise au- has been made available to suggest that the (1) Forced abortion was rightly denounced thorized to be appropriated for ‘‘Radio Con- perpetrators have been punished. as a crime against humanity by the Nurem- struction’’ for fiscal years 1998 and 1999, (B) People’s Republic of China population berg War Crimes Tribunal. there are authorized to be appropriated for control officials, in cooperation with em- (2) For over 15 years there have been fre- ‘‘Radio Construction’’ $10,000,000 for fiscal ployers and works unit officials, routinely quent and credible reports of forced abortion year 1998 and $3,000,000 for fiscal year 1999, monitor women’s menstrual cycles and sub- and forced sterilization in connection with which shall be available only for construc- ject women who conceive without govern- the population control policies of the Peo- tion in support of enhanced broadcasting to ment authorization to extreme psychological ple’s Republic of China. These reports indi- China. pressure, to harsh economic sanctions, in- cate the following: (2) LIMITATION.—Of the funds under para- cluding unpayable fines and loss of employ- (A) Although it is the stated position of graph (1) authorized to be appropriated for ment, and often to physical force. the politburo of the Chinese Communist fiscal year 1998, $3,000,000 is authorized to be (C) Official sanctions for giving birth to Party that forced abortion and forced steri- appropriated to facilitate the timely aug- unauthorized children include fines in lization have no role in the population con- mentation of transmitters at Tinian, the amounts several times larger than the per trol program, in fact the Communist Chinese Commonwealth of the Northern Mariana Is- capita annual incomes of residents of the Government encourages both forced abortion lands. People’s Republic of China. In Fujian, for ex- and forced sterilization through a combina- ample, the average fine is estimated to be (d) ALLOCATION.—Of the amounts author- tion of strictly enforced birth quotas and im- twice a family’s gross annual income. Fami- ized to be appropriated for ‘‘International munity for local population control officials lies which cannot pay the fine may be sub- Broadcasting Activities’’, the Director of the who engage in coercion. Officials acknowl- ject to confiscation and destruction of their United States Information Agency and the edge that there have been instances of forced Board of Broadcasting Governors shall seek homes and personal property. (D) Especially harsh punishments have abortions and sterilization, and no evidence to ensure that the amounts make available has been made available to suggest that the for broadcasting to nations whose people do been inflicted on those whose resistance is motivated by religion. For example, accord- perpetrators have been punished. not fully enjoy freedom of expression do not (B) People’s Republic of China population decline in proportion to the amounts made ing to a 1995 Amnesty International report, the Catholic inhabitants of 2 villages in control officials, in cooperation with em- available for broadcasting to other nations. ployers and works unit officials, routinely (e) ALLOCATION OF FUNDS FOR NORTH Hebei Province were subjected to population control under the slogan ‘‘better to have monitor women’s menstrual cycles and sub- KOREA.—Of the funds under subsection (b), ject women who conceive without govern- $2,000,000 is authorized to be appropriated for more graves than one more child’’. Enforce- ment measures included torture, sexual ment authorization to extreme psychological each fiscal year for additional personnel and pressure, to harsh economic sanctions, in- broadcasting targeted at North Korea. abuse, and the detention of resisters’ rel- atives as hostages. cluding unpayable fines and loss of employ- SEC. . REPORTING REQUIREMENT. (E) Forced abortions in Communist China ment, and often to physical force. Not later than 90 days after the date of en- often have taken place in the very late (C) Official sanctions for giving birth to actment of this Act, in consultation with the stages of pregnancy. unauthorized children include fines in Board of Broadcasting Governors, the Presi- (F) Since 1994 forced abortion and steriliza- amounts several times larger than the per dent shall prepare and transmit to Congress tion have been used in Communist China not capita annual incomes of residents of the a report on a plan to achieve continuous only to regulate the number of children, but People’s Republic of China. In Fujian, for ex- broadcasting of Radio Free Asia and Voice of also to eliminate those who are regarded as ample, the average fine is estimated to be America to the People’s Republic of China in defective in accordance with the official eu- twice a family’s gross annual income. Fami- multiple major dialects and languages. genic policy known as the ‘‘Natal and Health lies which cannot pay the fine may be sub- SEC. . UTILIZATION OF UNITED STATES INTER- Care Law’’. ject to confiscation and destruction of their NATIONAL BROADCASTING SERV- SEC. . DENIAL OF ENTRY INTO THE UNITED homes and personal property. ICES FOR PUBLIC SERVICE AN- STATES OF PERSONS IN THE PEO- (D) Especially harsh punishments have NOUNCEMENTS REGARDING FUGI- PLE’S REPUBLIC OF CHINA EN- TIVES FROM UNITED STATES JUS- been inflicted on those whose resistance is GAGED IN ENFORCEMENT OF TICE. motivated by religion. For example, accord- FORCED ABORTION POLICY. ing to a 1995 Amnesty International report, United States international broadcasting The Secretary of State may not issue any services, particularly the Voice of America, the Catholic inhabitants of 2 villages in visa to, and the Attorney General may not Hebei Province were subjected to population shall produce and broadcast public service admit to the United States, any national of announcements, by radio, television, and control under the slogan ‘‘better to have the People’s Republic of China, including more graves than one more child’’. Enforce- Internet, regarding fugitives from the crimi- any official of the Communist Party or the nal justice system of the United States, in- ment measures included torture, sexual Government of the People’s Republic of abuse, and the detention of resisters’ rel- cluding cases of international child abduc- China and its regional, local, and village au- tion. atives as hostages. thorities (except the head of state, the head (E) Forced abortions in Communist China of government, and cabinet level ministers) WARNER AMENDMENT NO. 2735 often have taken place in the very late who the Secretary finds, based on credible stages of pregnancy. Mr. WARNER proposed an amend- information, has been involved in the estab- (F) Since 1994 forced abortion and steriliza- ment to the motion to recommit the lishment or enforcement of population con- tion have been used in Communist China not bill, S. 2057, supra; as follows: trol policies resulting in a woman being only to regulate the number of children, but forced to undergo an abortion against her At the appropriate place insert: also to eliminate those who are regarded as free choice, or resulting in a man or woman defective in accordance with the official eu- Title —Forced Abortions in China being forced to undergo sterilization against genic policy known as the ‘‘Natal and Health SEC. . SHORT TITLE. his or her free choice. Care Law’’. This title may be cited as the ‘‘Forced SEC. . WAIVER. SEC. . DENIAL OF ENTRY INTO THE UNITED Abortion Condemnation Act’’. The President may waive the requirement STATES OF PERSONS IN THE PEO- SEC. . FINDINGS. contained in section with respect to a na- PLE’S REPUBLIC OF CHINA EN- Congress makes the following findings: tional of the People’s Republic of China if GAGED IN ENFORCEMENT OF (1) Forced abortion was rightly denounced the President— FORCED ABORTION POLICY. as a crime against humanity by the Nurem- (1) determines that it is in the national in- The Secretary of State may not issue any berg War Crimes Tribunal. terest of the United States to do so; and visa to, and the Attorney General may not

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 19, 1998 CONGRESSIONAL RECORD — SENATE S6705 admit to the United States, any national of motivated by religion. For example, accord- grants from 1993 through 1995, and in 1995 re- the People’s Republic of China, including ing to a 1995 Amnesty International report, ceived $5,540,000,000 in bilateral assistance any official of the Communist Party or the the Catholic inhabitants of 2 villages in loans, including concessional aid, export Government of the People’s Republic of Hebei Province were subjected to population credits, and related assistance; and China and its regional, local, and village au- control under the slogan ‘‘better to have (7) regarding international financial insti- thorities (except the head of state, the head more graves than one more child’’. Enforce- tutions— of government, and cabinet level ministers) ment measures included torture, sexual (A) despite the People’s Republic of China’s who the Secretary finds, based on credible abuse, and the detention of resisters’ rel- access to international capital and world fi- information, has been involved in the estab- atives as hostages. nancial markets, international financial in- lishment or enforcement of population con- (E) Forced abortions in Communist China stitutions have annually provided it with trol policies resulting in a woman being often have taken place in the very late more than $4,000,000,000 in loans in recent forced to undergo an abortion against her stages of pregnancy. years, amounting to almost a third of the free choice, or resulting in a man or woman (F) Since 1994 forced abortion and steriliza- loan commitments of the Asian Development being forced to undergo sterilization against tion have been used in Communist China not Bank and 17.1 percent of the loan approvals his or her free choice. only to regulate the number of children, but by the International Bank for Reconstruc- SEC. . WAIVER. also to eliminate those who are regarded as tion and Development in 1995; and The President may waive the requirement defective in accordance with the official eu- (B) the People’s Republic of China borrows contained in section llll with respect to genic policy known as the ‘‘Natal and Health more from the International Bank for Recon- a national of the People’s Republic of China Care Law’’. struction and Development and the Asian if the President— SEC. ll. DENIAL OF ENTRY INTO THE UNITED Development Bank than any other country, (1) determines that it is in the national in- STATES OF PERSONS IN THE PEO- and loan commitments from those institu- terest of the United States to do so; and PLE’S REPUBLIC OF CHINA EN- tions to the People’s Republic of China quad- (2) provides written notification to Con- GAGED IN ENFORCEMENT OF rupled from $1,100,000,000 in 1985 to gress containing a justification for the waiv- FORCED ABORTION POLICY. $4,300,000,000 by 1995. er. The Secretary of State may not issue any SEC. ll. OPPOSITION OF UNITED STATES TO (3) This section shall become effective 1 visa to, and the Attorney General may not CONCESSIONAL LOANS TO THE PEO- day after enactment. admit to the United States, any national of PLE’S REPUBLIC OF CHINA. the People’s Republic of China, including Title XV of the International Financial In- any official of the Communist Party or the stitutions Act (22 U.S.C. 262o–262o–1) is WARNER AMENDMENT NO. 2737 Government of the People’s Republic of amended by adding at the end the following: Mr. WARNER proposed an amend- China and its regional, local, and village au- ‘‘SEC. 1503. OPPOSITION OF UNITED STATES TO ment to amendment No. 2736 proposed thorities (except the head of state, the head CONCESSIONAL LOANS TO THE PEO- of government, and cabinet level ministers) PLE’S REPUBLIC OF CHINA. by him to the bill, S. 2057, supra; as fol- ‘‘(a) IN GENERAL.—The Secretary of the lows: who the Secretary finds, based on credible information, has been involved in the estab- Treasury shall instruct the United States At the end of the amendment, add the fol- lishment or enforcement of population con- Executive Directors at each international fi- lowing: trol policies resulting in a woman being nancial institution (as defined in section TITLE ll forced to undergo an abortion against her 1702(c)(2) of the International Financial In- free choice, or resulting in a man or woman stitutions Act) to use the voice and vote of SEC. ll. SHORT TITLE. the United States to oppose the provision by This title may be cited as the ‘‘Forced being forced to undergo sterilization against his or her free choice. the institution of concessional loans to the Abortion Condemnation Act’’. People’s Republic of China, any citizen or SEC. ll. FINDINGS. SEC. ll. WAIVER. national of the People’s Republic of China, Congress makes the following findings: The President may waive the requirement or any entity established in the People’s Re- (1) Forced abortion was rightly denounced contained in section ll with respect to a public of China. as a crime against humanity by the Nurem- national of the People’s Republic of China if ‘‘(b) CONCESSIONAL LOANS DEFINED.—As berg War Crimes Tribunal. the President— used in subsection (a), the term ‘concessional (2) For over 15 years there have been fre- (1) determines that it is in the national in- loans’ means loans with highly subsidized in- quent and credible reports of forced abortion terest of the United States to do so; and terest rates, grace periods for repayment of 5 and forced sterilization in connection with (2) provides written notification to Con- years or more, and maturities of 20 years or the population control policies of the Peo- gress containing a justification for the waiv- more.’’. ple’s Republic of China. These reports indi- er. SEC. ll. PRINCIPLES THAT SHOULD BE AD- cate the following: This title may be cited as the ‘‘Communist HERED TO BY ANY UNITED STATES (A) Although it is the stated position of China Subsidy Reduction Act of 1998’’. NATIONAL CONDUCTING AN INDUS- TRIAL COOPERATION PROJECT IN SEC. ll. FINDINGS. the politburo of the Chinese Communist THE PEOPLE’S REPUBLIC OF CHINA. Party that forced abortion and forced steri- Congress finds that— (a) PURPOSE.—It is the purpose of this sec- lization have no role in the population con- (1) the People’s Republic of China has en- tion to create principles governing the con- trol program, in fact the Communist Chinese joyed ready access to international capital duct of industrial cooperation projects of Government encourages both forced abortion through commercial loans, direct invest- United States nationals in the People’s Re- and forced sterilization through a combina- ment, sales of securities, bond sales, and for- public of China. tion of strictly enforced birth quotas and im- eign aid; (b) STATEMENT OF PRINCIPLES.—It is the munity for local population control officials (2) regarding international commercial sense of Congress that any United States na- who engage in coercion. Officials acknowl- lending, the People’s Republic of China had tional conducting an industrial cooperation edge that there have been instances of forced $48,000,000,000 in loans outstanding from pri- project in the People’s Republic of China abortions and sterilization, and no evidence vate creditors in 1995; should: has been made available to suggest that the (3) regarding international direct invest- (1) Suspend the use of any goods, wares, ar- perpetrators have been punished. ment, international direct investment in the ticles, or merchandise that the United States (B) People’s Republic of China population People’s Republic of China from 1993 through national has reason to believe were mined, control officials, in cooperation with em- 1995 totaled $97,151,000,000, and in 1996 alone produced, or manufactured, in whole or in ployers and works unit officials, routinely totaled $47,000,000,000; part, by convict labor or forced labor, and monitor women’s menstrual cycles and sub- (4) regarding investment in Chinese securi- refuse to use forced labor in the industrial ject women who conceive without govern- ties, the aggregate value of outstanding Chi- cooperation project. ment authorization to extreme psychological nese securities currently held by Chinese na- (2) Seek to ensure that political or reli- pressure, to harsh economic sanctions, in- tionals and foreign persons is $175,000,000,000, gious views, sex, ethnic or national back- cluding unpayable fines and loss of employ- and from 1993 through 1995 foreign persons ground, involvement in political activities or ment, and often to physical force. invested $10,540,000,000 in Chinese stocks; nonviolent demonstrations, or association (C) Official sanctions for giving birth to (5) regarding investment in Chinese bonds, with suspected or known dissidents will not unauthorized children include fines in entities controlled by the Government of the prohibit hiring, lead to harassment, demo- amounts several times larger than the per People’s Republic of China have issued 75 tion, or dismissal, or in any way affect the capita annual incomes of residents of the bonds since 1988, including 36 dollar-denomi- status or terms of employment in the indus- People’s Republic of China. In Fujian, for ex- nated bond offerings valued at more than trial cooperation project. The United States ample, the average fine is estimated to be $6,700,000,000, and the total value of long- national should not discriminate in terms or twice a family’s gross annual income. Fami- term Chinese bonds outstanding as of Janu- conditions of employment in the industrial lies which cannot pay the fine may be sub- ary 1, 1996, was $11,709,000,000; cooperation project against persons with ject to confiscation and destruction of their (6) regarding international assistance, the past records of arrest or internal exile for homes and personal property. People’s Republic of China received almost nonviolent protest or membership in unoffi- (D) Especially harsh punishments have $1,000,000,000 in foreign aid grants and an ad- cial organizations committed to non- been inflicted on those whose resistance is ditional $1,566,000,000 in technical assistance violence.

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6706 CONGRESSIONAL RECORD — SENATE June 19, 1998 (3) Ensure that methods of production used (A) a citizen or national of the United (A) Formulating, drafting, or imple- in the industrial cooperation project do not States or a permanent resident of the United menting repressive religious policies. pose an unnecessary physical danger to States; and (B) Imprisoning, detaining, or harassing in- workers and neighboring populations or (B) a corporation, partnership, or other dividuals on religious grounds. property, and that the industrial cooperation business association organized under the (C) Promoting or participating in policies project does not unnecessarily risk harm to laws of the United States, any State or terri- or practices which hinder religious activities the surrounding environment; and consult tory thereof, the District of Columbia, the or the free expression of religious beliefs. with community leaders regarding environ- Commonwealth of Puerto Rico, or the Com- (b) CERTIFICATION.— mental protection with respect to the indus- monwealth of the Northern Mariana Islands. (1) Each Federal agency subject to the pro- trial cooperation project. SEC. ll. PROMOTION OF EDUCATIONAL, CUL- hibition of subsection (a) shall certify in (4) Strive to establish a private business TURAL, SCIENTIFIC, AGRICULTURAL, writing to the appropriate congressional enterprise when involved in an industrial co- MILITARY, LEGAL, POLITICAL, AND committees no later than 120 days after the operation project with the Government of ARTISTIC EXCHANGES BETWEEN date of enactment of this Act, and every 90 the People’s Republic of China or other state THE UNITED STATES AND CHINA. days thereafter, that it did not pay, either (a) EXCHANGES BETWEEN THE UNITED entity. directly or through a contractor or grantee, STATES AND CHINA.—Agencies of the United (5) Discourage any Chinese military pres- for travel expenses or per diem of any na- States Government which engage in edu- ence on the premises of any industrial co- tional of the People’s Republic of China de- cational, cultural, scientific, agricultural, operation projects which involve dual-use scribed in subsection (a). military, legal, political, and artistic ex- technologies. changes shall endeavor to initiate or expand (2) Each certification under paragraph (1) (6) Undertake to promote freedom of asso- such exchange programs with regard to shall be supported by the following informa- ciation and assembly among the employees China. tion: of the United States national. The United (b) SENSE OF CONGRESS.—It is the sense of (A) The name of each employee of any States national should protest any infringe- Congress that a federally chartered not-for- agency of the Government of the People’s ment by the Government of the People’s Re- profit organization should be established to Republic of China whose travel expenses or public of China of these freedoms to the fund exchanges between the United States per diem were paid by funds of the reporting International Labor Organization’s office in and China through private donations. agency of the United States Government. Beijing. SEC. ll. CONGRESSIONAL STATEMENT OF POL- (B) The procedures employed by the report- (7) Provide the Department of State with ICY. ing agency of the United States Government information relevant to the Department’s ef- It is the sense of Congress that the Presi- to ascertain whether each individual under forts to collect information on prisoners for dent should make freedom of religion one of subparagraph (A) did or did not participate the purposes of the Prisoner Information the major objectives of United States foreign in activities described in subsection (a)(2). Registry, and for other purposes. policy with respect to China. As part of this (C) The reporting agency’s basis for con- (8) Discourage or undertake to prevent policy, the Department of State should raise cluding that each individual under subpara- compulsory political indoctrination pro- in every relevant bilateral and multilateral graph (A) did not participate in such activi- grams from taking place on the premises of forum the issue of individuals imprisoned, ties. the industrial cooperation project. detained, confined, or otherwise harassed by (c) DEFINITION OF APPROPRIATE CONGRES- (9) Promote freedom of expression, includ- the Chinese Government on religious SIONAL COMMITTEES.—For purposes of this ing the freedom to seek, receive, and impart grounds. In its communications with the section the term ‘‘appropriate congressional information and ideas of all kinds, regardless Chinese Government, the Department of committees’’ means the Committee on For- of frontiers, either orally, in writing or in State should provide specific names of indi- eign Relations of the Senate and the Com- print, in the form of art, or through any viduals of concern and request a complete mittee on International Relations of the media. To this end, the United States na- and timely response from the Chinese Gov- House of Representatives. tional should raise with appropriate authori- ernment regarding the individuals’ where- SEC. ll. CERTAIN OFFICIALS OF THE PEOPLE’S ties of the Government of the People’s Re- abouts and condition, the charges against REPUBLIC OF CHINA INELIGIBLE TO public of China concerns about restrictions them, and sentence imposed. The goal of RECEIVE VISAS AND EXCLUDED on the free flow of information. these official communications should be the FROM ADMISSION. (10) Undertake to prevent harassment of expeditious release of all religious prisoners (a) REQUIREMENT.—Notwithstanding any workers who, consistent with the United Na- in China and Tibet and the end of the Chi- other provision of law, any national of the tions World Population Plan of Action, de- nese Government’s policy and practice of People’s Republic of China described in sec- cide freely and responsibly the number and harassing and repressing religious believers. tion ll(a)(2) (except the head of state, the spacing of their children; and prohibit com- SEC. ll. PROHIBITION ON USE OF FUNDS FOR head of government, and cabinet level min- pulsory population control activities on the THE PARTICIPATION OF CERTAIN isters) shall be ineligible to receive visas and premises of the industrial cooperation CHINESE OFFICIALS IN CON- shall be excluded from admission into the project. FERENCES, EXCHANGES, PRO- United States. GRAMS, AND ACTIVITIES. (b) WAIVER.—The President may waive the (c) PROMOTION OF PRINCIPLES BY OTHER NA- (a) PROHIBITION.—Notwithstanding any requirement in subsection (a) with respect to TIONS.—The Secretary of State shall forward other provision of law, for fiscal years after an individual described in such subsection if fiscal year 1997, no funds appropriated or a copy of the principles set forth in sub- the President— otherwise made available for the Depart- section (b) to the member nations of the Or- (1) determines that it is vital to the na- ment of State, the United States Informa- ganization for Economic Cooperation and tional interest to do so; and tion Agency, and the United States Agency Development and encourage them to pro- (2) provides written notification to the ap- for International Development may be used mote principles similar to these principles. propriate congressional committees (as de- for the purpose of providing travel expenses (d) REGISTRATION REQUIREMENT.— fined in section ll(c)) containing a jus- and per diem for the participation of nation- (1) IN GENERAL.—Each United States na- tification for the waiver. als of the People’s Republic of China de- tional conducting an industrial cooperation scribed in paragraphs (1) and (2) in con- SEC. ll. SUNSET PROVISION. project in the People’s Republic of China ferences, exchanges, programs, and activi- Sections ll and ll shall cease to have shall register with the Secretary of State ties: effect 4 years after the date of the enactment and indicate that the United States national (1) The head or political secretary of any of of this Act. agrees to implement the principles set forth the following Chinese Government-created in subsection (b). No fee shall be required for or approved organizations: THURMOND AMENDMENT NO. 2738 registration under this subsection. (A) The Chinese Buddhist Association. (2) PREFERENCE FOR PARTICIPATION IN (B) The Chinese Catholic Patriotic Asso- Mr. THURMOND proposed an amend- TRADE MISSIONS.—The Secretary of Com- ciation. ment to the bill, S. 2057, supra; as fol- merce shall consult the register prior to the (C) The National Congress of Catholic Rep- lows: selection of private sector participants in resentatives. any form of trade mission to China, and un- At the end of subtitle A of title X, add the (D) The Chinese Catholic Bishops’ Con- following: dertake to involve those United States na- ference. tionals that have registered their adoption of (E) The Chinese Protestant ‘‘Three Self’’ SEC. 1005. REDUCTIONS IN FISCAL YEAR 1998 AU- the principles set forth above. THORIZATIONS OF APPROPRIA- Patriotic Movement. TIONS FOR DIVISION A AND DIVI- (e) DEFINITIONS.—As used in this section— (F) The China Christian Council. SION B AND INCREASES IN CERTAIN (1) the term ‘‘industrial cooperation (G) The Chinese Taoist Association. AUTHORIZATIONS OF APPROPRIA- project’’ refers to a for-profit activity the (H) The Chinese Islamic Association. TIONS. business operations of which employ more (2) Any military or civilian official or em- (a) TOTAL REDUCTION.—Notwithstanding than 25 individuals or have assets greater ployee of the Government of the People’s Re- any other provision in this division, amounts than $25,000; and public of China who carried out or directed authorized to be appropriated under other (2) the term ‘‘United States national’’ the carrying out of any of the following poli- provisions of this division are reduced in ac- means— cies or practices: cordance with subsection (b) by the total

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 19, 1998 CONGRESSIONAL RECORD — SENATE S6707

amount of $421,900,000 in order to reflect sav- (I) ARMY NATIONAL GUARD.—For the Army (d) INCREASE IN CERTAIN AUTHORIZATIONS ings resulting from revised economic as- National Guard under section 301(a)(11), by OF APPROPRIATIONS.— sumptions. $4,000,000. (1) OPERATION AND MAINTENANCE, ARMY NA- (b) DISTRIBUTION OF REDUCTION.— (J) AIR NATIONAL GUARD.—For the Air Na- TIONAL GUARD.—The amount authorized to be (1) PROCUREMENT.—Amounts authorized to tional Guard under section 301(a)(12), by appropriated by section 301(a)(11), as reduced be appropriated for procurement under title $4,000,000. by subsection (b)(3)(I), is increased by I are reduced as follows: (K) ENVIRONMENTAL RESTORATION, ARMY.— $120,000,000. (A) ARMY.—For the Army: For Environmental Restoration, Army under (2) OTHER DEFENSE PROGRAMS, DEPARTMENT (i) AIRCRAFT.—For aircraft under section section 301(a)(15), by $1,000,000. OF ENERGY.—The amount authorized to be 101(1), by $4,000,000. (L) ENVIRONMENTAL RESTORATION, NAVY.— appropriated by section 3103 is increased by (ii) MISSILES.—For missiles under section For Environmental Restoration, Navy under $20,000,000, which amount shall be available 101(2), by $4,000,000. section 301(a)(16), by $1,000,000. for verification and control technology under (iii) WEAPONS AND TRACKED COMBAT VEHI- (M) ENVIRONMENTAL RESTORATION, AIR paragraph (1)(C) of that section. CLES.—For weapons and tracked combat ve- FORCE.—For Environmental Restoration, Air hicles under section 101(3), by $4,000,000. Force under section 301(a)(17), by $1,000,000. (iv) AMMUNITION.—For ammunition under (N) ENVIRONMENTAL RESTORATION, DEFENSE- BIDEN AMENDMENT NO. 2739 section 101(4), by $3,000,000. WIDE.—For Environmental Restoration, De- Mr. LEVIN (for Mr. BIDEN) proposed (v) OTHER PROCUREMENT.—For other pro- fense-wide under section 301(a)(18), by an amendment to the bill, S. 2057, curement under section 101(5), by $9,000,000. $1,000,000. supra; as follows: (B) NAVY AND MARINE CORPS.—For the (O) DRUG INTERDICTION AND COUNTER-DRUG Navy, Marine Corps, or both the Navy and ACTIVITIES, DEFENSE-WIDE.—For Drug Inter- At the end of subtitle B of title VI, add the Marine Corps: diction and Counter-drug Activities, De- following: (i) AIRCRAFT.—For aircraft under section fense-wide under section 301(a)(21), by SEC. 620. INCREASED HAZARDOUS DUTY PAY FOR 102(a)(1), by $22,000,000. $2,000,000. AERIAL FLIGHT CREWMEMBERS IN (ii) WEAPONS.—For weapons, including mis- (P) MEDICAL PROGRAMS, DEFENSE.—For PAY GRADES E–4 TO E–9. siles and torpedoes, under section 102(a)(2), Medical Programs, Defense under section (a) RATES.—The table in section 301(b) of by $4,000,000. 301(a)(23), by $36,000,000. title 37, United States Code, is amended by (iii) SHIPBUILDING AND CONVERSION.—For (4) MILITARY CONSTRUCTION, ARMY.— striking out the items relating to pay grades shipbuilding and conversion under section Amounts authorized to be appropriated for E–4, E–5, E–6, E–7, E–8, and E–9, and inserting 102(a)(3), by $18,000,000. military construction, Army, under title in lieu thereof the following: (iv) OTHER PROCUREMENT.—For other pro- XXI by section 2104(a) are reduced by ‘‘E–9 ...... 240 curement under section 102(a)(4), by $5,000,000, of which $3,000,000 shall be a reduc- E–8 ...... 240 $12,000,000. tion of support of military family housing E–7 ...... 240 (v) MARINE CORPS PROCUREMENT.—For pro- under section 2104(a)(5)(B). E–6 ...... 215 curement for the Marine Corps under section (5) MILITARY CONSTRUCTION, NAVY.— E–5 ...... 190 102(b), by $2,000,000. Amounts authorized to be appropriated for E–4 ...... 165’’. (vi) AMMUNITION.—For ammunition under military construction, Navy, under title (b) EFFECTIVE DATE.—This section and the section 102(c), by $1,000,000. XXII by section 2204(a) are reduced by amendment made by this section shall take (C) AIR FORCE.—For the Air Force: $5,000,000, of which— effect on October 1, 1998, and shall apply with (i) AIRCRAFT.—For aircraft under section (A) $1,000,000 shall be a reduction of con- respect to months beginning on or after that 103(1), by $23,000,000. struction and acquisition of military family date. (ii) MISSILES.—For missiles under section housing under section 2204(a)(5)(A); and 103(2), by $7,000,000. (B) $3,000,000 shall be a reduction of sup- (iii) AMMUNITION.—For ammunition under port of military family housing under sec- FORD (AND OTHERS) AMENDMENT section 103(3), by $1,000,000. tion 2204(a)(5)(B). NO. 2740 (iv) OTHER PROCUREMENT.—For other pro- (6) MILITARY CONSTRUCTION, AIR FORCE.— curement under section 103(4), by $17,500,000. Mr. LEVIN (for himself, Mr. FORD, Amounts authorized to be appropriated for Mr. BOND, Mr. LOTT, Mr. STEVENS, and (D) DEFENSE-WIDE ACTIVITIES.—For the De- military construction, Air Force, under title Mr. GRASSLEY) proposed an amendment partment of Defense for Defense-wide activi- XXIII by section 2304(a) are reduced by ties under section 104, by $5,800,000. $4,000,000, of which— to the bill, S. 2057, supra; as follows: (E) CHEMICAL DEMILITARIZATION PROGRAM.— (A) $1,000,000 shall be a reduction of con- At the end of subtitle D of title III, insert For the destruction of lethal chemical struction and acquisition of military family the following: agents and munitions and of chemical war- housing under section 2304(a)(5)(A); and SEC. ll. REVISION AND CLARIFICATION OF AU- fare material under section 107, by $3,000,000. (B) $2,000,000 shall be a reduction of sup- THORITY FOR FEDERAL SUPPORT (2) RDT&E.—Amounts authorized to be port of military family housing under sec- OF NATIONAL GUARD DRUG INTER- appropriated for research, development, test, tion 2304(a)(5)(B). DICTION AND COUNTER-DRUG AC- TIVITIES. and evaluation under title II are reduced as (7) MILITARY CONSTRUCTION, DEFENSE AGEN- follows: CIES.—Amounts authorized to be appro- (a) PROCUREMENT OF EQUIPMENT.—Sub- (A) ARMY.—For the Army under section priated for military construction, Defense section (a)(3) of section 112 of title 32, United 201(1), by $10,000,000. Agencies, under title XXIV by section 2404(a) States Code, is amended by striking out (B) NAVY.—For the Navy under section are reduced by $6,300,000, of which $5,000,000 ‘‘and leasing of equipment’’ and inserting in 201(2), by $20,000,000. shall be a reduction of defense base closure lieu thereof ‘‘and equipment, and the leasing (C) AIR FORCE.—For the Air Force under and realignment under section 2404(a)(10), of of equipment,’’. section 201(3), by $39,000,000. which— (b) TRAINING AND READINESS.—Subsection (D) DEFENSE-WIDE ACTIVITIES.—For De- (A) $1,000,000 shall be a reduction of defense (b)(2) of such section is amended to read as fense-wide activities under section 201(4), by base closure and realignment, Army; follows: $26,700,000. (B) $2,000,000 shall be a reduction of defense ‘‘(2)(A) A member of the National Guard (3) OPERATION AND MAINTENANCE.—Amounts base closure and realignment, Navy; and serving on full-time National Guard duty authorized to be appropriated for operation (C) $2,000,000 shall be a reduction of defense under orders authorized under paragraph (1) and maintenance under title III are reduced base closure and realignment, Air Force. shall participate in the training required as follows: (8) NORTH ATLANTIC TREATY ORGANIZATION under section 502(a) of this title in addition (A) ARMY.—For the Army under section SECURITY INVESTMENT PROGRAM.—Amounts to the duty performed for the purpose au- 301(a)(1), by $24,000,000. authorized to be appropriated for contribu- thorized under that paragraph. The pay, al- (B) NAVY.—For the Navy under section tions to the North Atlantic Treaty Organiza- lowances, and other benefits of the member 301(a)(2), by $32,000,000. tion Security Investment program under while participating in the training shall be (C) MARINE CORPS.—For the Marine Corps title XXV by section 2502 are reduced by the same as those to which the member is under section 301(a)(3), by $4,000,000. $1,000,000. entitled while performing duty for the pur- (D) AIR FORCE.—For the Air Force under (c) PROPORTIONATE REDUCTIONS WITHIN AC- pose of carrying out drug interdiction and section 301(a)(4), by $31,000,000. COUNTS.—The amount provided for each counter-drug activities. (E) DEFENSE-WIDE ACTIVITIES.—For De- budget activity, budget activity group, budg- ‘‘(B) Appropriations available for the De- fense-wide activities under section 301(a)(6), et subactivity group, program, project, or ac- partment of Defense for drug interdiction by $17,600,000. tivity under an authorization of appropria- and counter-drug activities may be used for (F) ARMY RESERVE.—For the Army Reserve tions reduced by subsection (b) is hereby re- paying costs associated with a member’s par- under section 301(a)(7), by $2,000,000. duced by the percentage computed by divid- ticipation in training described in subpara- (G) NAVAL RESERVE.—For the Naval Re- ing the total amount of that authorization of graph (A). The appropriation shall be reim- serve under section 301(a)(8), by $2,000,000. appropriations (before the reduction) into bursed in full, out of appropriations avail- (H) AIR FORCE RESERVE.—For the Air Force the amount by which that total amount is so able for paying those costs, for the amounts Reserve under section 301(a)(10), by $2,000,000. reduced. paid. Appropriations available for paying

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6708 CONGRESSIONAL RECORD — SENATE June 19, 1998 those costs shall be available for making the FEINSTEIN AMENDMDNT NO. 2472 On page 307, in the table following line 16, reimbursements.’’. strike out the item relating to McChord Air Mr. LEVIN (for Mrs. FEINSTEIN) pro- (c) ASSISTANCE TO YOUTH AND CHARITABLE Force Base, Washington. ORGANIZATIONS.—Subsection (b)(3) of such posed an amendment to the bill, S. On page 307, in the table following line 16, section is amended to read as follows: 2057, supra; as follows: strike out ‘‘$469,265,000’’ in the amount col- ‘‘(2) A unit or member of the National At the end of subtitle C of title V, add the umn in the item relating to the total and in- Guard of a State may be used, pursuant to a following: serting in lieu thereof ‘‘$465,865,000’’. State drug interdiction and counter-drug ac- SEC. 531. PROHIBITION ON ENTRY INTO CORREC- On page 310, line 17, strike out tivities plan approved by the Secretary of TIONAL FACILITIES FOR PRESEN- ‘‘$1,652,734,000’’ and insert in lieu thereof Defense under this section, to provide serv- TATION OF DECORATIONS TO PER- ‘‘$1,649,334,000’’. ices or other assistance (other than air SONS WHO COMMIT CERTAIN On page 310, line 21, strike out CRIMES BEFORE PRESENTATION. transportation) to an organization eligible to ‘‘$469,265,000’’ and insert in lieu thereof (a) PROHIBITION.—Chapter 57 of title 10, receive services under section 508 of this ‘‘$465,865,000’’. United States Code, is amended by adding at title if— On page 320, line 25, strike out ‘‘$95,395,000’’ the end the following: ‘‘(A) the State drug interdiction and and insert in lieu thereof ‘‘$108,990,000’’. counter-drug activities plan specifically rec- ‘‘§ 1132. Presentation of decorations: prohibi- On page 321, line 1, strike out ‘‘$107,378,000’’ ognizes the organization as being eligible to tion on entering into correctional facilities and insert in lieu thereof ‘‘$116,109,000’’. receive the services or assistance; for certain presentations On page 321, line 3, strike out ‘‘$15,271,000’’ ‘‘(B) in the case of services, the provision ‘‘(a) PROHIBITION.—No member of the and insert in lieu thereof ’’$19,371,000’’. of the services meets the requirements of armed forces may enter into a Federal, On page 321, line 8, strike out ‘‘$20,225,000’’ paragraphs (1) and (2) of subsection (a) of sec- State, or local correctional facility for pur- and insert in lieu thereof ‘‘$23,625,000’’. tion 508 of this title; and poses of presenting a decoration to a person ‘‘(C) the services or assistance is author- who has been convicted of a serious violent ized under subsection (b) or (c) of such sec- felony. KEMPTHORNE (AND OTHERS) tion or in the State drug interdiction and ‘‘(b) DEFINITIONS.—In this section: AMENDMENT NO. 2477 counter-drug activities plan.’’. ‘‘(1) The term ‘decoration’ means any deco- (d) DEFINITION OF DRUG INTERDICTION AND ration or award that may be presented or Mr. THURMOND (for himself, Mr. COUNTER-DRUG ACTIVITIES.—Subsection (i)(1) awarded to a member of the armed forces. KEMPTHORNE, Mr. CLELAND, and Mr. of such section is amended by inserting after ‘‘(2) The term ‘serious violent felony’ has AKAKA) proposed an amendment to the ‘‘drug interdiction and counter-drug law en- the meaning given that term in section bill, S. 2057, supra; as follows: forcement activities’’ the following: ‘‘, in- 3359(c)(2)(F) of title 18.’’. Beginning on page 108, strike out line 21 cluding drug demand reduction activities,’’. (b) CLERICAL AMENDMENT.—The table of sections at the beginning of that chapter is and all that follows through ‘‘(b) APPLICA- amended by adding at the end the following: BILITY OF WAIVER.—’’ on page 109, line 4, and THURMOND AMENDMENT NO. 2741 insert in lieu thereof the following: ‘‘1132. Presentation of decorations: prohibi- Mr. THURMOND proposed an amend- tion on entering into correc- SEC. 530. WAIVER OF TIME LIMITATIONS FOR ment to the bill, S. 2057, supra; as fol- tional facilities for certain AWARD OF CERTAIN DECORATIONS TO CERTAIN PERSONS. lows: presentations.’’. (a) WAIVER.—Any limitation established by On page 264, strike out line 17 and insert in law or policy for the time within which a lieu thereof the following: THURMOND (AND LEVIN) recommendation for the award of a military striking out the second, third, and fourth AMENDMENT NO. 2743 decoration or award must be submitted shall sentences and inserting in lieu thereof the Mr. THURMOND (for himself and Mr. not apply to awards of decorations described following: ‘‘Any such Federal entity which LEVIN) proposed an amendment to the in this section, the award of each such deco- proposes to so relocate shall notify the bill, S. 2057, supra; as follows: ration having been determined by the Sec- NTIA, which in turn shall notify the Com- retary of the military department concerned mission, before the auction concerned of the On page 296, in the table following line 10, to be warranted in accordance with section marginal costs anticipated to be associated strike out the item relating to Fort Dix, New 1130 of title 10, United States Code. with such relocation or with modifications Jersey. (b) DISTINGUISHED-SERVICE CROSS.—Sub- On page 296, in the table following line 10, necessary to accommodate prospective li- section (a) applies to award of the Distin- strike out the item relating to Camp Daw- censees. The Commission in turn shall notify guished-Service Cross of the Army as fol- son, West Virginia. potential bidders of the estimated relocation lows: On page 296, in the table following line 10, or modification costs based on the geo- (1) To Isaac Camacho of El Paso, Texas, for strike out ‘‘$627,007,000’’ in the amount col- graphic area covered by the proposed li- extraordinary heroism in actions at Camp umn in the item relating to the total and in- censes before the auction.’’; Hiep Hoa in Vietnam on November 24, 1963, On page 266, strike out line 7 and insert in sert in lieu thereof ‘‘$604,681,000’’. On page 298, line 19, strike out while serving as a member of the Army. lieu thereof the following: ‘‘$2,005,630,000’’ and insert in lieu thereof (2) To Bruce P. Crandall of Mesa, Arizona, trum. ‘‘$1,983,304,000’’. for extraordinary heroism in actions at ‘‘(E) IMPLEMENTATION PROCEDURES.—The On page 298, line 22, strike out Landing Zone X-Ray in Vietnam on Novem- NTIA and the Commission shall develop pro- ‘‘$539,007,000’’ and insert in lieu thereof ber 14, 1965, while serving as a member of the cedures for the implementation of this para- ‘‘$516,681,000’’. Army. graph, which procedures shall include a proc- On page 302, in the table following line 23, (3) To Leland B. Fair of Jessieville, Arkan- ess for resolving any differences that arise strike out the item relating to Naval Air sas, for extraordinary heroism in actions in between the Federal Government and com- Station, Atlanta, Georgia. the Philippine Islands on July 4, 1945, while mercial licensees regarding estimates of re- On page 302, in the table following line 23, serving as a member of the Army. location or modification costs under this strike out ‘‘$39,310,000’’ in the amount col- (c) DISTINGUISHED-SERVICE MEDAL.—Sub- paragraph. umn of the item relating to Naval Shipyard, section (a) applies to award of the Distin- ‘‘(F) INAPPLICABILITY TO CERTAIN RELOCA- Pearl Harbor, Hawaii, and insert in lieu guished-Service Medal of the Army to Rich- TIONS.—With the exception of spectrum lo- thereof ‘‘$11,400,000’’. ard P. Sakakida of Fremont, California, for cated at 1710–1755 Megahertz, the provisions On page 302, in the table following line 23, exceptionally meritorious service while a of this paragraph shall not apply to Federal insert after the item relating to Navy Public prisoner of war in the Philippine Islands spectrum identified for reallocation in the Works Center, Pearl Harbor, Hawaii, the fol- from May 7, 1942, to September 14, 1945, while first reallocation report submitted to the lowing new items: serving as a member of the Army. President and Congress under subsection (d) DISTINGUISHED FLYING CROSS.— (a).’’. Fleet and Industrial Supply Center, Pearl Har- (d) REPORTS ON COSTS OF RELOCATIONS.— bor ...... $9,730,000 The head of each department or agency of Naval Station, Pearl Harbor ...... $18,180,000 WARNER AMENDMENT NO. 2745 the Federal Government shall include in the Mr. THURMOND (for Mr. WARNER) annual budget submission of such depart- On page 302, in the table following line 23, proposed an amendment to the bill, S. ment or agency to the Director of the Office strike out ‘‘$446,984,000’’ in the amount col- of Management and Budget a report assess- umn of the item relating to the total and in- 2057, supra; as follows: ing the costs to be incurred by such depart- sert in lieu thereof ‘‘$442,884,000’’. Strike out section 1012, and insert in lieu ment or agency as a result of any frequency On page 305, line 16, strike out thereof the following: relocations of such department or agency ‘‘$1,741,121,000’’ and insert in lieu thereof SEC. 1012. LONG-TERM CHARTER OF THREE VES- that are anticipated under section 113 of the ‘‘$1,737,021,000’’. SELS IN SUPPORT OF SUBMARINE National Telecommunications Information On page 305, line 19, strike out RESCUE, ESCORT, AND TOWING. Administration Organization Act (47 U.S.C. ‘‘$433,484,000’’ and insert in lieu thereof (a) AUTHORITY.—The Secretary of the Navy 923) as of the date of such report. ‘‘$429,384,000’’. may to enter into one or more long-term

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 19, 1998 CONGRESSIONAL RECORD — SENATE S6709 charters in accordance with section 2401 of SEC. 2833. MODIFICATION OF AUTHORITY RELAT- ‘‘(6) Director of Defense Technology and title 10, United States Code, for three vessels ING TO DEPARTMENT OF DEFENSE Counterproliferation.’’. to support the rescue, escort, and towing of LABORATORY REVITALIZATION DEM- (B) In section 138(d), by striking out ‘‘Di- submarines. ONSTRATION PROGRAM. rector of Defense Research and Engineering’’ (a) PROGRAM REQUIREMENTS.—Subsection (b) VESSELS.—The vessels that may be and inserting in lieu thereof ‘‘Director of De- chartered under subsection (a) are as follows: (c) of section 2892 of the National Defense fense Technology and Counterproliferation’’. (1) The Carolyn Chouest (United States of- Authorization for Fiscal Year 1996 (Public (C) In section 179(c)(2), by striking out ‘‘As- ficial number D102057). Law 104–106; 110 Stat. 590; 10 U.S.C. 2805 note) sistant to the Secretary of Defense for Nu- (2) The Kellie Chouest (United States offi- is amended to read as follows: clear and Chemical and Biological Defense cial number D1038519). ‘‘(c) PROGRAM REQUIREMENTS.—(1) Not Programs’’ and inserting in lieu thereof ‘‘Di- (3) The Dolores Chouest (United States of- later than 30 days before commencing the rector of Defense Technology and Counter- ficial number D600288). program, the Secretary shall establish proce- proliferation’’. dures for the review and approval of requests (c) CHARTER PERIOD.—The period for which (D) In section 2350a(g)(3), by striking out a vessel is chartered under subsection (a) from Department of Defense laboratories for ‘‘Deputy Director, Defense Research and En- may not extend beyond October 1, 2004. construction under the program. gineering (Test and Evaluation)’’ and insert- ‘‘(2) The laboratories at which construc- (d) FUNDING.—The funds used for charters ing in lieu thereof ‘‘Undersecretary of De- tion may be carried out under the program entered into under subsection (a) shall be fense for Acquisition and Technology’’. may not include Department of Defense lab- funds authorized to be appropriated under (E) In section 2617(a), by striking out ‘‘Di- oratories that are contractor-owned.’’. section 301(a)(2). rector of Defense Research and Engineering’’ (b) REPORT.—Subsection (d) of that section and inserting in lieu thereof ‘‘Director of De- is amended to read as follows: fense Technology and Counterproliferation’’. MCCAIN AMENDMENT NO. 2746 ‘‘(d) REPORT.—Not later than February 1, (F) In section 2902(b), by striking out para- 2003, the Secretary shall submit to Congress Mr. THURMOND (for Mr. MCCAIN) graph (1) and inserting in lieu thereof the a report on the program. The report shall in- following: proposed an amendment to the bill, S. clude the Secretary’s conclusions and rec- ‘‘(1) The Director of Defense Technology 2057, supra; as follows: ommendation regarding the desirability of and Counterproliferation.’’. At the end of subtitle B of title VI, add the making the authority set forth under sub- (3) Section 257(a) of the National Defense following: section (b) permanent.’’. Authorization Act for Fiscal Year 1995 (10 SEC. 620. DIVING DUTY SPECIAL PAY FOR DIVERS (c) EXTENSION.—Subsection (g) of that sec- U.S.C. 2358 note) is amended by striking out HAVING DIVING DUTY AS A NONPRI- tion is amended by striking out ‘‘September ‘‘Director of Defense Research and Engineer- MARY DUTY. 30, 1998’’ and inserting in lieu thereof ‘‘Sep- ing’’ and inserting in lieu thereof ‘‘Director (a) ELIGIBILITY FOR MAINTAINING PRO- tember 30, 2003’’. of Defense Technology and Counterprolifera- FICIENCY.—Section 304(a)(3) of title 37, United tion’’. States Code, is amended to read as follows: LEVIN AMENDMENT NO. 2750 (4) The National Defense Authorization ‘‘(3) either— Act for Fiscal Year 1994 is amended as fol- ‘‘(A) actually performs diving duty while Mr. LEVIN proposed an amendment lows: serving in an assignment for which diving is to the bill, S. 2057, supra; as follows: (A) In section 802(a) (10 U.S.C. 2358 note), a primary duty; or On page 196, between lines 18 and 19, insert by striking out ‘‘Director of Defense Re- ‘‘(B) meets the requirements to maintain the following: search and Engineering’’ and inserting in proficiency as described in paragraph (2) SEC. 908. REDESIGNATION OF DIRECTOR OF DE- lieu thereof ‘‘Director of Defense Technology while serving in an assignment that includes FENSE RESEARCH AND ENGINEER- and Counterproliferation’’. diving duty other than as a primary duty.’’. ING AS DIRECTOR OF DEFENSE (B) In section 1605(a)(5), (22 U.S.C. 2751 (b) EFFECTIVE DATE.—The amendment TECHNOLOGY AND COUNTERPRO- note) by striking out ‘‘Assistant to the Sec- made by subsection (a) shall take effect on LIFERATION AND TRANSFER OF RE- retary of Defense for Nuclear and Chemical SPONSIBILITIES. October 1, 1998, and shall apply with respect and Biological Defense Programs’’ and in- (a) REDESIGNATION.—Subsection (a) of sec- to months beginning on or after that date. serting in lieu thereof ‘‘Director of Defense tion 137 of title 10, United States Code, is Technology and Counterproliferation’’. amended by striking out ‘‘Director of De- COATS AMENDMENT NO. 2747 (e) CLERICAL AMENDMENTS.—(1) The section fense Research and Engineering’’ and insert- heading of section 137 of title 10, United Mr. THURMOND (for Mr. COATS) pro- ing in lieu thereof ‘‘Director of Defense States Code, is amended to read as follows: Technology and Counterproliferation’’. posed an amendment to the bill, S. ‘‘§ 137. Director of Defense Technology and 2057, supra; as follows: (b) DUTIES.—Subsection (b) of such section 137 is amended to read as follows: Counterproliferation’’. At the end of subtitle C of title I, add the ‘‘(b) The Director of Defense Technology (2) The table of sections at the beginning of following: and Counterproliferation shall— chapter 4 of title 10, United States Code, is SEC. 124. MULTIYEAR PROCUREMENT AUTHOR- ‘‘(1) except as otherwise prescribed by the amended— ITY FOR CERTAIN AIRCRAFT PRO- Secretary of Defense, perform such duties re- (A) by striking out the item relating to GRAMS. lating to research and engineering as the section 137 and inserting in lieu thereof the Beginning with the fiscal year 1999 pro- Under Secretary of Defense for Acquisition following: gram year, the Secretary of the Navy may, and Technology may prescribe; ‘‘137. Director of Defense Technology and in accordance with section 2306b of title 10, ‘‘(2) advise the Secretary of Defense on Counterproliferation.’’; United States Code, enter into multiyear matters relating to nuclear energy and nu- and contracts for the procurement of the fol- clear weapons; (B) by striking out the item relating to lowing aircraft: ‘‘(3) serve as the Staff Director of the Joint section 142. (1) The AV–8B aircraft. Nuclear Weapons Council under section 179 (2) The E–2C aircraft. of this title; and THURMOND AMENDMENT NO. 2751 (3) The T–45 aircraft. ‘‘(4) perform such other duties as the Sec- retary of Defense may prescribe.’’. Mr. THURMOND proposed an amend- WARNER AMENDMENT NO. 2748 (c) ABOLISHMENT OF POSITION OF ASSISTANT ment to the bill, S. 2057, supra; as fol- TO THE SECRETARY OF DEFENSE FOR NUCLEAR lows: Mr. THURMOND (for Mr. WARNER) AND CHEMICAL AND BIOLOGICAL DEFENSE PRO- On page 160, beginning on line 9, strike out proposed an amendment to the bill, S. GRAMS.—Section 142 of such title is repealed. ‘‘amount’’ and all that follows through ‘‘sec- 2057, supra; as follows: (d) CONFORMING AMENDMENTS.—(1) Title 5, tion 3202(1)’’ on line 17, and insert in lieu On page 14, line 16, reduce the amount by United States Code, is amended as follows: thereof the following: $15,895,000. (A) In section 5315, by striking out ‘‘Direc- ‘‘‘amounts were charged. On page 29, line 2, increase the amount by tor of Defense Research and Engineering’’ ‘‘(B) For amounts relating to sales for un- $15,895,000. and inserting in lieu thereof the following: official travel, deposit in nonappropriated ‘‘Director of Defense Technology and fund accounts available for morale, welfare, Counterproliferation’’. and recreation programs. THURMOND (AND OTHERS) (B) In section 5316, by striking out ‘‘Assist- ‘‘(c) DEFINITIONS.—In this section: AMENDMENT NO. 2749 ant to the Secretary of Defense for Nuclear ‘‘(1) The term ‘head of an agency’ has the Mr. THURMOND (for himself, Mr. and Chemical and Biological Defense Pro- meaning given that term in section 2302(1)’’. grams, Department of Defense.’’. LEVIN, Mr. SANTORUM, and Mr. LIEBER- (2) Title 10, United States Code, is amended WARNER AMENDMENT NO. 2752 MAN) proposed an amendment to the as follows: bill, S. 2057, supra; as follows: (A) In section 131(b), by striking out para- Mr. THURMOND (for Mr. WARNER) On page 347, below line 23, add the fol- graph (6) and inserting in lieu thereof the proposed an amendment to the bill, S. lowing: following: 2057, supra; as follows:

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6710 CONGRESSIONAL RECORD — SENATE June 19, 1998 At the end of title VIII, add the following: (A) is entitled to retired pay; or (A) the total amount by which the retired SEC. 812. PLAN FOR RAPID TRANSITION FROM (B) would be entitled to retired pay under pay of the person would have been reduced COMPLETION OF SMALL BUSINESS chapter 1223 of title 10, United States Code before the effective date of the election if the INNOVATION RESEARCH INTO DE- (or chapter 67 of such title as in effect before person had elected to participate in the Sur- FENSE ACQUISITION PROGRAMS. October 5, 1994), but for the fact that such vivor Benefit Plan (for the same base (a) PLAN REQUIRED.—Not later than Feb- member or former member is under 60 years amount specified in the election) at the first ruary 1, 1999, the Secretary of Defense shall of age. opportunity that was afforded the member to submit to the Committee on Armed Services (4) STATUS UNDER SBP OF PERSONS MAKING participate under chapter 73 of title 10, of the Senate and the Committee on Na- ELECTIONS.— United States Code; tional Security of the House of Representa- (A) STANDARD ANNUITY.—A person making (B) interest on the amounts by which the tives a plan for facilitating the rapid transi- an election under paragraph (1) by reason of retired pay of the person would have been so tion into Department of Defense acquisition eligibility under paragraph (3)(A) shall be reduced, computed from the dates on which programs of successful first phase and second treated for all purposes as providing a stand- the retired pay would have been so reduced phase activities under the Small Business In- ard annuity under the Survivor Benefit Plan. at such rate or rates and according to such novation Research program under section 9 (B) RESERVE-COMPONENT ANNUITY.—A per- methodology as the Secretary of Defense de- of the Small Business Act (15 U.S.C. 638). son making an election under paragraph (1) termines reasonable; and (b) CONDITIONS.—The plan submitted under by reason of eligibility under paragraph (C) any additional amount that the Sec- subsection (a) shall— (3)(B) shall be treated for all purposes as pro- retary determines necessary to protect the (1) be consistent with the Small Business viding a reserve-component annuity under actuarial soundness of the Department of Innovation Research program and with re- the Survivor Benefit Plan. Defense Military Retirement Fund against cent acquisition reforms that are applicable (b) MANNER OF MAKING ELECTIONS.— any increased risk for the fund that is asso- to the Department of Defense; and (1) IN GENERAL.—An election under this ciated with the election. (2) provide— section must be made in writing, signed by (2) PREMIUMS TO BE CREDITED TO RETIRE- (A) a high priority for funding the projects the person making the election, and received MENT FUND.—Premiums paid under the regu- under the Small Business Innovation Re- by the Secretary concerned before the end of lations shall be credited to the Department search program that are likely to be success- the open enrollment period. Except as pro- of Defense Military Retirement Fund. ful under a third phase agreement entered vided in paragraph (2), any such election (h) DEFINITIONS.—In this section: into pursuant to section 9(r) of the Small shall be made subject to the same condi- (1) The term ‘‘Survivor Benefit Plan’’ Business Act (15 U.S.C. 638(r)); and tions, and with the same opportunities for means the program established under sub- (B) for favorable consideration, in the ac- designation of beneficiaries and specification chapter II of chapter 73 of title 10, United quisition planning process, for funding of base amount, that apply under the Sur- States Code. projects under the Small Business Innova- vivor Benefit Plan or the Supplemental Sur- (2) The term ‘‘Supplemental Survivor Ben- tion Research program that are subject to a vivor Benefit Plan, as the case may be. A efit Plan’’ means the program established third phase agreement described in subpara- person making an election under subsection under subchapter III of chapter 73 of title 10, graph (A). (a) to provide a reserve-component annuity United States Code. shall make a designation described in sec- (3) The term ‘‘retired pay’’ includes re- LIEBERMAN AMENDMENT NO. 2753 tion 1448(e) of title 10, United States Code. tainer pay paid under section 6330 of title 10, (2) ELECTION MUST BE VOLUNTARY.—An elec- United States Code. Mr. LEVIN (for Mr. LIEBERMAN) pro- tion under this section is not effective unless (4) The terms ‘‘uniformed services’’ and posed an amendment to the bill, S. the person making the election declares the ‘‘Secretary concerned’’ have the meanings 2057, supra; as follows: election to be voluntary. An election to par- given those terms in section 101 of title 37, At the end of subtitle B of title II, add the ticipate in the Survivor Benefit Plan under United States Code. following: this section may not be required by any (5) The term ‘‘Department of Defense Mili- SEC. 219. NATO ALLIANCE GROUND SURVEIL- court. An election to participate or not to tary Retirement Fund’’ means the Depart- LANCE CONCEPT DEFINITION. participate in the Survivor Benefit Plan is ment of Defense Military Retirement Fund Amounts authorized to be appropriated not subject to the concurrence of a spouse or established under section 1461(a) of title 10, under subtitle A are available for a NATO al- former spouse of the person. United States Code. liance ground surveillance concept definition (c) EFFECTIVE DATE FOR ELECTIONS.—Any that is based on the Joint Surveillance Tar- such election shall be effective as of the first day of the first calendar month following the get Attack Radar System (Joint STARS) THOMPSON (AND OTHERS) Radar Technology Insertion Program (RTIP) month in which the election is received by sensor of the United States, as follows: the Secretary concerned. AMENDMENTS NOS. 2755–2757 (d) OPEN ENROLLMENT PERIOD DEFINED.— (1) Of the amount authorized to be appro- Mr. THURMOND (for Mr. THOMPSON, The open enrollment period is the one-year priated under section 201(1), $6,400,000. for himself, Mr. GLENN, Mr. THURMOND, (2) Of the amount authorized to be appro- period beginning on March 1, 1999. (e) EFFECT OF DEATH OF PERSON MAKING Mr. LEVIN, Mr. SANTORUM, and Mr. LIE- priated under section 201(3), $3,500,000. ELECTION WITHIN TWO YEARS OF MAKING BERMAN) proposed three amendments ELECTION.—If a person making an election to the bill, S. 2057, supra; as follows: WARNER AMENDMENT NO. 2754 under this section dies before the end of the AMENDMENT NO. 2755 Mr. THURMOND (for Mr. WARNER) two-year period beginning on the effective At the end of title VIII, add the following: proposed an amendment to the bill, S date of the election, the election is void and 2057, supra; as follows: the amount of any reduction in retired pay SEC. 812. SENIOR EXECUTIVES COVERED BY LIMI- of the person that is attributable to the elec- TATION ON ALLOWABILITY OF COM- At the end of subtitle D of title VI, add the tion shall be paid in a lump sum to the per- PENSATION FOR CERTAIN CON- following: son who would have been the deceased per- TRACTOR PERSONNEL. SEC. 634. SURVIVOR BENEFIT PLAN OPEN EN- son’s beneficiary under the voided election if (a) DEFENSE CONTRACTS.—Section 2324(l)(5) ROLLMENT PERIOD. the deceased person had died after the end of of title 10, United States Code, is amended to (a) PERSONS NOT CURRENTLY PARTICIPATING such two-year period. read as follows: IN SURVIVOR BENEFIT PLAN.— (f) APPLICABILITY OF CERTAIN PROVISIONS ‘‘(5) The term ‘senior executive’, with re- (1) ELECTION OF SBP COVERAGE.—An eligible OF LAW.—The provisions of sections 1449, spect to a contractor, means the five most retired or former member may elect to par- 1453, and 1454 of title 10, United States Code, highly compensated employees in manage- ticipate in the Survivor Benefit Plan during are applicable to a person making an elec- ment positions at each home office and other the open enrollment period specified in sub- tion, and to an election, under this section in organizational segment of the contractor.’’. section (d). the same manner as if the election were (b) NON-DEFENSE CONTRACTS.—Section (2) ELECTION OF SUPPLEMENTAL ANNUITY made under the Survivor Benefit Plan or the 306(m)(2) of the Federal Property and Admin- COVERAGE.—An eligible retired or former Supplemental Survivor Benefit Plan, as the istrative Services Act of 1949 (41 U.S.C. member who elects under paragraph (1) to case may be. 256(m)(2)) is amended to read as follows: participate in the Survivor Benefit Plan may (g) PREMIUMS FOR OPEN ENROLLMENT ELEC- ‘‘(2) The term ‘senior executive’, with re- also elect during the open enrollment period TION.— spect to a contractor, means the five most to participate in the Supplemental Survivor (1) PREMIUMS TO BE CHARGED.—The Sec- highly compensated employees in manage- Benefit Plan. retary of Defense shall prescribe in regula- ment positions at each home office and other (3) ELIGIBLE RETIRED OR FORMER MEMBER.— tions premiums which a person electing organizational segment of the contractor.’’. For purposes of paragraphs (1) and (2), an eli- under this section shall be required to pay (c) CONFORMING AMENDMENT.—Section gible retired or former member is a member for participating in the Survivor Benefit 39(c)(2) of the Office of Federal Procurement or former member of the uniformed services Plan pursuant to the election. The total Policy Act (41 U.S.C. 435(c)(2)) is amended to who on the day before the first day of the amount of the premiums to be paid by a per- read as follows: open enrollment period is not a participant son under the regulations shall be equal to ‘‘(2) The term ‘senior executive’, with re- in the Survivor Benefit Plan and— the sum of— spect to a contractor, means the five most

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 19, 1998 CONGRESSIONAL RECORD — SENATE S6711 highly compensated employees in manage- ‘‘§ 1094a. Continuing medical education re- described in that subparagraph may be re- ment positions at each home office and other quirements: system for monitoring physi- moved from the program only for good cause organizational segment of the contractor.’’. cian compliance (as determined by the Secretary). No re- ‘‘The Secretary of Defense shall establish a quirement under that paragraph for reim- AMENDMENT NO. 2756 mechanism for ensuring that each person bursement of the Secretary for the costs of Beginning on page 162, strike out line 23 under the jurisdiction of the Secretary of a educational services provided for the depend- and all that follows through ‘‘that clarify’’ military department who provides health ent shall apply with respect to the depend- on page 163, line 2, and insert in lieu thereof care under this chapter as a physician satis- ent. the following: fies the continuing medical education re- ‘‘(C) In the event of the death in the line of duty of an employee described in subpara- ‘‘or subsection (b)(1)(B) of section 304A of the quirements applicable to the physician.’’. (2) The table of sections at the beginning of graph (A), a dependent of the employee may Federal Property and Administrative Serv- remain enrolled in an educational program ices Act of 1949 (41 U.S.C. 254b), from the re- such chapter is amended by adding at the end the following new item: described in that subparagraph until— quirements for submission of certified cost ‘‘(i) the end of the academic year in which or pricing data under that section. ‘‘1094a. Continuing medical education re- the death occurs; or ‘‘(c) COMMERCIAL PRICING REGULATIONS.— quirements: system for moni- ‘‘(ii) the dependent is removed for good (1) The Federal Acquisition Regulation toring physician compliance.’’. cause (as so determined).’’. issued in accordance with sections 6 and 25 of (c) EFFECTIVE DATES.—(1) The amendment (2) The amendment made by paragraph (1) the Office of Federal Procurement Policy made by subsection (a) shall take effect on shall take effect on the date of enactment of Act shall be revised to clarify’’. October 1, 1998. this Act and apply to academic years begin- (2) The system required by section 1094a of ning on or after that date. AMENDMENT NO. 2757 title 10, United States Code (as added by sub- section (b)), shall take effect on the date At the end of title VIII, add the following: ROBERTS AMENDMENT NO. 2760 SEC. 812. SEPARATE DETERMINATIONS OF EX- that is three years after the date of the en- CEPTIONAL WAIVERS OF TRUTH IN actment of this Act. Mr. THURMOND (for Mr. ROBERTS) NEGOTIATION REQUIREMENTS FOR proposed an amendment to the bill, S. PRIME CONTRACTS AND SUB- GRASSLEY AMENDMENT NO. 2759 2057, supra; as follows: CONTRACTS. At the appropriate place in title XXVIII, (a) DEFENSE PROCUREMENTS.—Section Mr. THURMOND (for Mr. GRASSLEY) insert the following: 2306a(a)(5) of title 10, United States Code, is proposed an amendment to the bill, S. SEC. 28l. REPORT AND REQUIREMENT RELAT- amended to read as follows: 2057, supra; as follows: ‘‘(5) A waiver of requirements for submis- ING TO ‘‘1 PLUS 1 BARRACKS INITIA- Strike out section 1055, and insert in lieu TIVE’’. sion of certified cost or pricing data that is thereof the following: (a) REPORT.—Not later than 180 days after granted under subsection (b)(1)(C) in the case the date of enactment of this Act, the Sec- of a contract or subcontract does not waive SEC. 1055. ELIGIBILITY FOR ATTENDANCE AT DE- PARTMENT OF DEFENSE DOMESTIC retary of Defense shall, in consultation with the requirement under paragraph (1)(C) for DEPENDENT ELEMENTARY AND SEC- the Secretaries of the military departments, submission of cost or pricing data in the case ONDARY SCHOOLS. submit to Congress a report on the costs and of subcontracts under that contract or sub- (a) MILITARY DEPENDENTS.—Subsection (a) benefits of implementing the initiative to contract unless the head of the agency con- of section 2164 of title 10, United States Code, build single occupancy barracks rooms with cerned determines that the requirement is amended— a shared bath, the so-called ‘‘1 plus 1 bar- under that paragraph should be waived in (1) by designating the first sentence as racks initiative’’. the case of such subcontracts and justifies in paragraph (1); (b) ELEMENTS.—The report under sub- writing the reasons for the determination.’’. (2) by designating the second sentence as section (a) shall include the following: (b) NON-DEFENSE PROCUREMENTS.—Section paragraph (2); and (1) A justification for the initiative re- 304A(a)(5) of the Federal Property and Ad- (3) by adding at the end of paragraph (2), as ferred to in subsection (a), including a de- ministrative Services Act of 1949 (41 U.S.C. so designated, the following: ‘‘The Secretary scription of the manner in which the initia- 254b(a)(5)) is amended to read as follows: may also permit a dependent of a member of tive is designed to assure the retention of ‘‘(5) A waiver of requirements for submis- the armed forces to enroll in such a program first-term enlisted members of the Armed sion of certified cost or pricing data that is if the dependent is residing in such a juris- Forces in adequate numbers. granted under subsection (b)(1)(C) in the case diction, whether on or off a military instal- (2) A description of the experiences of the of a contract or subcontract does not waive lation, while the member is assigned away military departments with the retention of the requirement under paragraph (1)(C) for from that jurisdiction on a remote or unac- first-term enlisted members of the Armed submission of cost or pricing data in the case companied assignment under permanent Forces, including— of subcontracts under that contract or sub- change of station orders.’’. (A) a comparison of such experiences be- contract unless the head of the executive (b) EMPLOYEE DEPENDENTS.—Subsection fore implementation of the initiative with agency concerned determines that the re- (c)(2) of such section is amended by striking such experiences after implementation of the quirement under that paragraph should be out subparagraph (B) and inserting in lieu initiative; and waived in the case of such subcontracts and thereof the following: (B) an analysis of the basis for any change justifies in writing the reasons for the deter- ‘‘(B) The Secretary may extend the enroll- in retention rates of such members that has mination.’’. ment of a dependent referred to in subpara- arisen since implementation of the initia- graph (A) in the program for more than five tive. DEWINE (AND INHOFE) consecutive school years if the Secretary de- (3) Any information indicating that the AMENDMENT NO. 2758 termines that the dependent is eligible under lack of single occupancy barracks rooms paragraph (1), space is available in the pro- with a shared bath has been or is the basis of Mr. THURMOND (for Mr. DEWINE, for gram, and adequate arrangements are made the decision of first-term members of the himself and Mr. INHOFE) proposed an for reimbursement of the Secretary for the Armed Forces not to reenlist in the Armed amendment to the bill, S. 2057, supra; costs to the Secretary of the educational Forces. as follows: services provided for the dependent. An ex- (4) Any information indicating that the At the end of title VII, add the following: tension shall be for only one school year, but lack of such barracks rooms has hampered SEC. . PROFESSIONAL QUALIFICATIONS OF PHY- the Secretary may authorize a successive ex- recruitment for the Armed Forces or that SICIANS PROVIDING MILITARY tension each year for the next school year the construction of such barracks rooms HEALTH CARE. upon making the determinations required would substantially improve recruitment. (a) REQUIREMENT FOR UNRESTRICTED LI- under the preceding sentence for that next (5) The cost for each Armed Force of imple- CENSE.—Section 1094(a)(1) of title 10, United school year.’’. menting the initiative, including the amount States Code, is amended by adding at the end (c) CUSTOMS SERVICE EMPLOYEE DEPEND- of funds obligated or expended on the initia- the following: ‘‘In the case of a physician, ENTS IN PUERTO RICO.—(1) Subsection (c) of tive before the date of enactment of this Act the physician may not provide health care as such section is further amended by adding at and the amount of funds required to be ex- a physician under this chapter unless the the end the following: pended after that date to complete the ini- current license is an unrestricted license ‘‘(4)(A) A dependent of a United States Cus- tiative. that is not subject to limitation on the scope toms Service employee who resides in Puerto (6) The views of each of the Chiefs of Staff of practice ordinarily granted to other physi- Rico but not on a military installation may of the Armed Forces regarding the initiative cians for a similar specialty by the jurisdic- enroll in an educational program provided by and regarding any alternatives to the initia- tion that granted the license.’’. the Secretary pursuant to subsection (a) in tive having the potential of assuring the re- (b) SATISFACTION OF CONTINUING MEDICAL Puerto Rico. tention of first-term enlisted members of the EDUCATION REQUIREMENTS.—(1) Chapter 55 of ‘‘(B) Notwithstanding the limitation on du- Armed Forces in adequate numbers. title 10, United States Code, is amended by ration of enrollment set forth in paragraph (7) A cost-benefit analysis of the initiative. inserting after section 1094 the following new (2), a dependent described in subparagraph (c) LIMITATION ON FY 2000 FUNDING RE- section: (A) who is enrolled in an education program QUEST.—The Secretary of Defense may not

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6712 CONGRESSIONAL RECORD — SENATE June 19, 1998 submit to Congress any request for funding (2) The table of sections at the beginning of person has received a diploma for completing for the so-called ‘‘1 plus 1 barracks initia- such chapter is amended by adding at the a program of education through the high tive’’ in fiscal year 2000 unless the Secretary end the following: school level at a home school, without re- certifies to Congress that further implemen- ‘‘2166. National Defense University: funding gard to whether the home school is treated tation of the initiative is necessary in order of component institution.’’. as a private school under the law of the to assure the retention of first-term enlisted (b) CONFORMING AMENDMENT.—Section 1050 State in which located. members of the Armed Forces in adequate of title 10, United States Code, is amended by (c) ANNUAL LIMIT ON NUMBER.—Not more numbers. inserting ‘‘Secretary of Defense or the’’ be- than 1,250 GED recipients, and not more than fore ‘‘Secretary of a military department’’. 1,250 home school diploma recipients, en- GRAHAM (AND OTHERS) listed by an armed force in any fiscal year AMENDMENT NO. 2761 GORTON (AND MURRAY) may be treated under the pilot program as AMENDMENT NO. 2764 having graduated from high school with a Mr. LEVIN (for Mr. GRAHAM, for him- high school diploma. self, Mr. DEWINE, and Mr. GRASSLEY) Mr. THURMOND (for Mr. GORTON for (d) PERIOD FOR PILOT PROGRAM.—The pilot proposed an amendment to the bill, S. hismelf, and Mrs. MURRAY) proposed an program shall be in effect for five fiscal 2057, supra; as follows: amendment to the bill, S. 2057, supra; years beginning on October 1, 1998. as follows: (e) REPORT.—(1) Not later than February 1, At the end of subtitle D of title III, add the 2004, the Secretary of Defense shall submit a following: At the end of subtitle C of title XXXI, in- report on the pilot program to the Com- SEC. 334. SENSE OF CONGRESS REGARDING PRI- sert the following: mittee on Armed Services of the Senate and ORITY OF DRUG INTERDICTION AND SEC. 3137. COST-SHARING FOR OPERATION OF the Committee on National Security of the COUNTERDRUG ACTIVITIES. THE HAZARDOUS MATERIALS MAN- House of Representatives. It is the sense of Congress that the Sec- AGEMENT AND EMERGENCY RE- (2)(A) The report shall include the assess- SPONSE TRAINING FACILITY, RICH- retary of Defense should revise the Global ment of the Secretary of Defense, and any Military Force Policy of the Department of LAND, WASHINGTON. (a) AUTHORITY.—The Secretary of Energy assessment of any of the Secretaries of the Defense— may enter into partnership arrangements military departments, regarding the value (1) to treat the international drug interdic- with Federal and non-Federal entities to of, and any necessity for, authority to treat tion and counter-drug activities of the de- share the costs of operating the Hazardous GED recipients and home school diploma re- partment as a military operation other than Materials Management and Emergency Re- cipients as having graduated from high war, thereby elevating the priority given sponse training facility authorized under school with a high school diploma for the such activities under the policy to the next section 3140 of the National Defense Author- purpose of determining the eligibility of priority below the priority given to war ization Act for Fiscal Year 1995 (Public Law those persons to enlist in the Armed Forces. under the policy and to the same priority as 103–337; 108 Stat. 3088). Such arrangements (B) The Secretary shall also set forth in is given to peacekeeping operations under may include the exchange of equipment and the report, by armed force for each fiscal the policy; and services. year of the pilot program, a comparison of (2) to allocate the assets of the department the performance of the persons who enlisted to drug interdiction and counter-drug activi- in that armed force during the fiscal year as ties in accordance with the priority given COVERDELL AMENDMENT NO. 2765 GED or home school diploma recipients those activities. Mr. THURMOND (for Mr. COVERDELL) treated under the pilot program as having proposed an amendment to the bill, S. graduated from high school with a high SANTORUM AMENDMENT NO. 2762 2057, supra; as follows: school diploma with the performance of the persons who enlisted in that armed force Strike out section 529, and insert in lieu Mr. THURMOND (for Mr. SANTORUM) during the same fiscal year after having thereof the following: proposed an amendment to the bill, S. graduated from high school with a high 2057, supra; as follows: SEC. 529. PILOT PROGRAM FOR TREATING GED school diploma, with respect to the fol- AND HOME SCHOOL DIPLOMA RE- At the end of title VIII, add the following: CIPIENTS AS HIGH SCHOOL GRAD- lowing: SEC. 812. FIVE-YEAR AUTHORITY FOR SEC- UATES FOR DETERMINATIONS OF (i) Attrition. RETARY OF THE NAVY TO EX- ELIGIBILITY FOR ENLISTING IN THE (ii) Discipline. CHANGE CERTAIN ITEMS. ARMED FORCES. (iii) Adaptability to military life. (a) BARTER AUTHORITY.—The Secretary of (a) PROGRAM REQUIRED.—The Secretary of (iv) Aptitude for mastering the skills nec- the Navy may enter into a barter agreement Defense shall establish a pilot program to as- essary for technical specialties. to exchange trucks and other tactical vehi- sess whether the Armed Forces could better (v) Reenlistment rates. cles for the repair and remanufacture of rib- meet recruiting requirements by treating (f) REFERENCE TO NATIONAL GUARD CHAL- bon bridges for the Marine Corps in accord- GED recipients and home school diploma re- LENGE PROGRAM.—The National Guard Chal- ance with section 201(c) of the Federal Prop- cipients as having graduated from high lenge Program referred to in this section is erty and Administrative Services Act of 1949 school with a high school diploma for the a program conducted under section 509 of (40 U.S.C. 481(c)), except that the require- purpose of determining the eligibility of title 32, United States Code. ment for items exchanged under that section those persons to enlist in the Armed Forces. (g) STATE DEFINED.—In this section, the to be similar items shall not apply to the au- The Secretary of each military department term ‘‘State’’ has the meaning given that thority under this subsection. shall administer the pilot program for the term in section 509(l)(1) of title 32, United (b) PERIOD OF AUTHORITY.—The authority armed force or armed forces under the juris- States Code. to enter into agreements under subsection diction of the Secretary. (a) and to make exchanges under any such (b) ELIGIBLE RECIPIENTS.—(1) Under the GORTON AMENDMENT NO. 2766 agreement is effective during the 5-year pe- pilot program, a person shall be treated as riod beginning on October 1, 1998, and ending having graduated from high school with a Mr. THURMOND (for Mr. GORTON) at the end of September 30, 2003. high school diploma for the purpose de- proposed an amendment to the bill, S. scribed in subsection (a) if the person— 2957, supra; as follows GRAHAM AMENDMENT NO. 2763 (A) has completed a general education de- On page 59, below line 20, add the fol- velopment program while participating in lowing: Mr. LEVIN (for Mr. GRAHAM) pro- the National Guard Challenge Program and SEC. 328. SENSE OF SENATE REGARDING OIL posed an amendment to the bill, S. is a GED recipient; or SPILL PREVENTION TRAINING FOR 2057, supra; as follows: (B) is a home school diploma recipient and PERSONNEL ON BOARD NAVY VES- SELS. At the end of title IX, add the following: provides a transcript demonstrating comple- tion of high school to the military depart- (a) FINDINGS.—The Senate makes the fol- SEC. 908. CENTER FOR HEMISPHERIC DEFENSE lowing findings: STUDIES. ment involved under the pilot program. (2) For the purposes of this section, a per- (1) There have been six significant oil spills (a) FUNDING FOR CENTER FOR HEMISPHERIC son is a GED recipient if the person, after in Puget Sound, Washington, in 1998, five at DEFENSE STUDIES.—(1) Chapter 108 of title 10, completing a general education development Puget Sound Naval Shipyard (including United States Code, is amended by adding at program, has obtained certification of high three from the U.S.S. Kitty Hawk, one from the end the following: school equivalency by meeting State re- the U.S.S. Carl Vinson, and one from the ‘‘§ 2166. National Defense University: funding quirements and passing a State approved U.S.S. Sacramento) and one at Naval Station of component institution exam that is administered for the purpose of Everett from the U.S.S. Paul F. Foster. ‘‘Funds available for the payment of per- providing an appraisal of the person’s (2) Navy personnel on board vessels, and sonnel expenses under the Latin American achievement or performance in the broad not shipyard employees, were primarily re- cooperation authority set forth in section subject matter areas usually required for sponsible for a majority of these oil spills at 1050 of this title are also available for the high school graduates. Puget Sound Naval Shipyard. costs of the operation of the Center for Hem- (3) For the purposes of this section, a per- (3) Oil spills have the potential to damage ispheric Defense Studies.’’. son is a home school diploma recipient if the the local environment, killing microscopic

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 19, 1998 CONGRESSIONAL RECORD — SENATE S6713 organisms, contributing to air pollution, dated July 24, 1932, defining the amount of ment of Energy by section 3102, $2,500,000 harming plants and marine animals, and in- water to be delivered under the 300 acre shall be available for activities relating to creasing overall pollution levels in Puget rights in the prior contracts as 220 acre feet. the Hanford Health Information Network es- Sound. (2) Any and all interest in the 305 acre tablished pursuant to the authority in sec- (b) SENSE OF SENATE.—It is the sense of the rights of water from the High Line Canal, di- tion 3138 of the National Defense Authoriza- Senate that the Secretary of the Navy verted at its headgate on the South Platte tion Act for Fiscal Year 1991 (Public Law should take immediate action to signifi- River and delivered to the Fitzsimons Army 101–510; 104 Stat. 1834), as amended by section cantly reduce the risk of vessel oil spills, in- Medical Center and currently subject to cost 3138(b) of the National Defense Authorization cluding the minimization of fuel oil trans- assessments pursuant to Denver Water De- Act for Fiscal Year 1995 (Public Law 103–337; fers, the assurance of proper training and partment contract #001990. 108 Stat. 3087). qualifications of all Naval personnel in occu- (3) Any and all interest in the 2,603.55 acre pations that may contribute to or minimize rights of water from the High Line Canal, di- THURMOND (AND BINGAMAN) the risk of shipboard oil spills, and the im- verted at its headgate on the South Platte AMENDMENTS NOS. 2771–2772 provement of liaison with local authorities River and delivered to the Rocky Mountain concerning oil spill prevention and response Arsenal in Adams County, Colorado, and cur- Mr. THURMOND (for himself and Mr. activities. rently subject to cost assessments by the BINGAMAN) proposed two amendments Denver Water Department, including 680 acre to the bill, S. 2057, supra; as follows: REID AMENDMENT NO. 2767 rights transferred from Lowry Field to the AMENDMENT NO. 2771 Rocky Mountain Arsenal by the October 5, On page 398, between lines 9 and 10, insert Mr. LEVIN (for Mr. REID) proposed 1943, agreement between the City and County the following: an amendment to the bill, S. 2957, of Denver, acting by and through its Board of Water Commissioners, and the United States SEC. 3144. EXTENSION OF AUTHORITY FOR AP- supra; as follows POINTMENT OF CERTAIN SCI- In section 201(2), strike out ‘‘$8,199,102,000’’ of America. ENTIFIC, ENGINEERING, AND TECH- and insert in lieu thereof ‘‘$8,204,102,000’’. (4) Any and all interest in 4,058.34 acre NICAL PERSONNEL. In section 102(b), strike out ‘‘$915,558,000’’ rights of water not currently subject to cost Section 3161(c)(1) of the National Defense and insert in lieu thereof ‘‘$910,558,000’’. assessments by the Denver Water Depart- Authorization Act for Fiscal Year 1995 (42 ment. U.S.C. 7231 note) is amended by striking out (5) A new easement for the placement of ‘‘September 30, 1999’’ and inserting in lieu MACK AMENDMENT NO. 2768 water lines approximately 50 feet wide inside thereof ‘‘September 30, 2000’’. Mr. THURMOND (for Mr. MACK) pro- the Southern boundary of Rocky Mountain posed an amendment to the bill, S. Arsenal and across the Reserve Center along AMENDMENT NO. 2772 the northern side of 56th Avenue. 2957, supra; as follows On page 398, between lines 9 and 10, insert (6) A permanent easement for utilities the following: On page 342, below line 22, add the fol- where Denver has an existing temporary lowing: SEC. 3144. EXTENSION OF AUTHORITY OF DE- easement near the southern and western PARTMENT OF ENERGY TO PAY VOL- SEC. 2827. EXPANSION OF LAND CONVEYANCE boundaries of Rocky Mountain Arsenal. UNTARY SEPARATION INCENTIVE AUTHORITY, EGLIN AIR FORCE (c) CONSIDERATION.—(1) The Secretary of PAYMENTS. BASE, FLORIDA. the Army may make the conveyance under (a) EXTENSION.—Notwithstanding sub- Section 809(c) of the Military Construction subsection (a) only if the Board of Water section (c)(2)(D) of section 663 of the Treas- Authorization Act, 1979 (Public Law 95–356; Commissioners, on behalf of the City and ury, Postal Service, and General Govern- 92 Stat. 587), as amended by section 2826 of County of Denver, Colorado— ment Appropriations Act, 1997 (Public Law the Military Construction Authorization (A) enters into a permanent contract with 104–208; 110 Stat. 3009–383; 5 U.S.C. 5597 note), Act, 1989 (division B of Public Law 100–456; the Secretary of the Army for purposes of the Department of Energy may pay vol- 102 Stat. 2123), is further amended by strik- ensuring the delivery of nonpotable water untary separation incentive payments to ing out ‘‘and a third parcel containing forty- and potable water to Rocky Mountain Arse- qualifying employees who voluntarily sepa- two acres’’ and inserting in lieu thereof ‘‘, a nal; and rate (whether by retirement or resignation) third parcel containing forty-two acres, a (B) enters into a permanent contract with before January 1, 2001. fourth parcel containing approximately 3.43 the Secretary of the Interior for purposes of (b) EXERCISE OF AUTHORITY.—The Depart- acres, and a fifth parcel containing approxi- ensuring the delivery of nonpotable water ment shall pay voluntary separation incen- mately 0.56 acres’’. and potable water to Rocky Mountain Arse- tive payments under subsection (a) in ac- nal National Wildlife Refuge, Colorado. cordance with the provisions of such section ALLARD (AND CAMPBELL) (2) Section 2809(e) of title 10, United States 663. AMENDMENT NO. 2769 Code, shall not operate to limit the term of the contract entered into under paragraph GRAMS (AND D’AMATO) Mr. THURMOND (for Mr. ALLARD, (1)(A). AMENDMENT NO. 2773 for himself and Mr. CAMPBELL) pro- (d) REQUIREMENT RELATING TO CONVEY- posed an amendment to the bill, S. ANCE.—The Secretary of the Army may not Mr. THURMOND (for Mr. GRAMS, for 2957, supra; as follows make the conveyance authorized by sub- himself and Mr. D’AMATO) proposed an section (a) until the execution of the pro- On page 342, below line 22, add the fol- amendment to the bill, S. 2057, supra; posed agreement provided for under sub- as follows: lowing: section (c) between the City and County of SEC. 2827. CONVEYANCE OF WATER RIGHTS AND Denver, Colorado, acting through its Board At the appropriate place, insert: RELATED INTERESTS, ROCKY MOUN- of Water Commissioners, the South Adams SECTION 1. EXTENSION AND REAUTHORIZATION TAIN ARSENAL, COLORADO, FOR County Water and Sanitation District, the OF DEFENSE PRODUCTION ACT OF PURPOSES OF ACQUISITION OF PER- 1950. United States Fish and Wildlife Service, and PETUAL CONTRACTS FOR WATER. (a) EXTENSION OF TERMINATION DATE.—Sec- the Army. (a) CONVEYANCE AUTHORIZED.—Subject to tion 717(a) of the Defense Production Act of (e) ADDITIONAL TERMS AND CONDITIONS.— subsection (c), the Secretary of the Army The Secretary of the Army may require such 1950 (50 U.S.C. App. 2166(a)) is amended by may convey any and all interest of the additional terms and conditions in connec- striking ‘‘September 30, 1998’’ and inserting United States in the water rights and related tion with the conveyance under subsection ‘‘September 30, 1999’’. rights at Rocky Mountain Arsenal, Colorado, XTENSION OF AUTHORIZATION.—Section (a) as the Secretary considers appropriate to (b) E described in subsection (b) to the City and 711(b) of the Defense Production Act of 1950 protect the interests of the United States. County of Denver, Colorado, acting through (50 U.S.C. App. 2161(b)) is amended by strik- its Board of Water Commissioners. ing ‘‘and 1998’’ and inserting ‘‘1998, and 1999’’. (b) COVERED WATER RIGHTS AND RELATED MURRAY (AND OTHERS) RIGHTS.—The water rights and related rights AMENDMENT NO. 2770 THURMOND AMENDMENT NO. 2774 authorized to be conveyed under subsection Mr. LEVIN (for Mrs. MURRAY for her- (a) are the following: Mr. THURMOND proposed an amend- self, Mr. KEMPTHORNE, Mr. WYDEN, and (1) Any and all interest in 300 acre rights to ment to the bill, S. 2057, supra; as fol- Mr. SMITH or Oregon) proposed an water from Antero Reservoir as set forth in lows: amendment to the bill, S. 2957, supra; Antero Reservoir Contract No. 382 dated Au- At the end of subtitle D of title X, add the gust 22, 1923, for 160 acre rights; Antero Res- as follows following: ervoir Contract No. 383 dated August 22, 1923, On page 397, between lines 6 and 7, insert SEC. 1064. BUDGETING FOR CONTINUED PARTICI- for 50 acre rights; Antero Reservoir Contract the following: PATION OF UNITED STATES FORCES No. 384 dated October 30, 1923, for 40 acre SEC. 3137. HANFORD HEALTH INFORMATION NET- IN NATO OPERATIONS IN BOSNIA rights; Antero Reservoir Contract No. 387 WORK. AND HERZEGOVINA. dated March 3, 1923, for 50 acre rights; and Of the funds authorized to be appropriated (a) FINDINGS.—Congress makes the fol- Supplemental Contract No. 382–383–384–387 or otherwise made available to the Depart- lowing findings:

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6714 CONGRESSIONAL RECORD — SENATE June 19, 1998 (1) Funding levels in the Department of De- has been involved, pursuant to military the deployment of more than 500 members of fense budget have not been sufficient to pay annex 1(A) of the Dayton Agreement, in car- the armed forces, the Secretary of Defense for the deployment of United States ground rying out missions for the specific purpose of shall submit to Congress a report on the ob- combat forces in Bosnia and Herzegovina detaining war criminals, and on at least one jectives of the operation. The report shall in- that began in fiscal year 1996. of those occasions United States forces were clude a discussion of the following: (2) The Department of Defense has used directly involved in carrying out the mis- ‘‘(1) What clear and distinct objectives funds from the operation and maintenance sion. guide the activities of United States forces accounts of the Armed Forces to pay for the (b) SENSE OF CONGRESS.—It is the sense of in the operation. operations because the funding levels in- Congress that United States forces should ‘‘(2) What the President has identified on cluded in the defense budgets for fiscal years not serve as civil police in Bosnia and the basis of those objectives as the date, or 1996 and 1997 have not been adequate to Herzegovina. the set of conditions, that defines the end- maintain operations in Bosnia and (c) REQUIREMENT FOR REPORT.—The Presi- point of the operation.’’. Herzegovina. dent shall submit to Congress, not later than (3) Funds necessary to continue United October 1, 1998, a report on the status of the ROBB (AND SANTORUM) States participation in the NATO operations NATO force of gendarmes or paramilitary AMENDMENT NO. 2776 in Bosnia and Herzegovina, and to replace police referred to in subsection (a)(1), includ- operation and maintenance funds used for ing the mission of the force, the composition Mr. THURMOND (for Mr. ROBB, for the operations, have been requested by the of the force, and the extent, if any, to which himself and Mr. SANTORUM) proposed President as supplemental appropriations in members of the Armed Forces of the United an amendment to the bill, S. 2057, fiscal years 1996 and 1997. The Department of States are participating (or are to partici- supra; as follows: Defense has also proposed to reprogram pre- pate) in the force. viously appropriated funds to make up the At the end of subtitle D of title X, add the shortfall for continued United States oper- following: ations in Bosnia and Herzegovina. SNOWE (AND CLELAND) SEC. 1064. PILOT PROGRAM FOR REVITALIZING (4) In February 1998, the President certified AMENDMENT NO. 2775 THE LABORATORIES AND TEST AND to Congress that the continued presence of EVALUATION CENTERS OF THE DE- Mr. THURMOND (for Ms. SNOWE, for PARTMENT OF DEFENSE. United States forces in Bosnia and herself and Mr. CLELAND) proposed an (a) FINDINGS.—Congress makes the fol- Herzegovina after June 30, 1998, was nec- amendment to the bill, S. 2057, supra; lowing findings: essary in order to meet national security in- as follows: (1) Officials of the Department of Defense terests of the United States. are critically dependent on the science and (5) The discretionary spending limit estab- At the end of subtitle C of title X, add the technology laboratories and test and evalua- lished for the defense category for fiscal year following: tion centers, of the department— 1998 in the Balanced Budget and Emergency SEC. 1031. SUBMISSION OF REPORT ON OBJEC- (A) to exploit commercial technology for Deficit Control Act of 1985 does not take into TIVES OF A CONTINGENCY OPER- unique military purposes; account the continued deployment of United ATION WITH FIRST REQUEST FOR FUNDING THE OPERATION. (B) to develop advanced technology in pre- States forces in Bosnia and Herzegovina INDINGS cise areas; after June 30, 1998. Therefore, the President (a) F .—Congress makes the fol- (C) to provide the officials with objective requested emergency supplemental appro- lowing findings: advice and counsel on science and tech- priations for the Bosnia and Herzegovina (1) On May 3, 1994, the President issued nology matters; and mission through September 30, 1998. Presidential Decision Directive 25 declaring (D) to lead the decisionmaking that identi- (6) Amounts for operations in Bosnia and that American participation in United Na- fies the most cost-effective procurements of Herzegovina were not included in the origi- tions and other peace operations would de- military equipment and services. nal budget proposed by the President for the pend in part on whether the role of United (2) The laboratories and test and evalua- Department of Defense for fiscal year 1999. States forces is tied to clear objectives and tion centers are facing a number of chal- (7) The President requested $1,858,600,000 in an endpoint for United States participation lenges that, if not overcome, could limit the emergency appropriations in his March 4, can be identified. productivity and self-sustainability of the 1998 amendment to the fiscal year 1999 budg- (2) Between that date and mid-1998, the laboratories and centers, including— et to cover the shortfall in funding in the fis- President and other executive branch offi- (A) the declining funding provided for cal year 1999 for the costs of extending the cials have obligated or requested appropria- science and technology in the technology mission in Bosnia. tions of approximately $9,400,000,000 for mili- (b) SENSE OF CONGRESS.—It is the sense of tary-related operations throughout Bosnia base program of the Department of Defense; Congress that— and Herzegovina without providing to Con- (B) difficulties experienced in recruiting, (1) the President should include in the gress, in conjunction with the budget sub- retaining, and motivating high-quality per- budget for the Department of Defense that mission for any fiscal year, a strategic plan sonnel; and the President submits to Congress under sec- for such operations under the criteria set (C) the complex web of policies and regu- tion 1105(a) of title 31, United States Code, forth in that Presidential Decision Directive. latory constraints that restrict authority of for each fiscal year sufficient amounts to (3) Between November 27, 1995, and mid- managers to operate the laboratories and pay for any proposed continuation of the 1998 the President has established three centers in a businesslike fashion. participation of United States forces in deadlines, since elapsed, for the termination (3) Congress has provided tools to deal with NATO operations in Bosnia and Herzegovina of United States military-related operations the changing nature of technological devel- for that fiscal year; and throughout Bosnia and Herzegovina. opment in the defense sector by encouraging (2) amounts included in the budget for that (4) On December 17, 1997, the President an- closer cooperation with industry and univer- purpose should not be transferred from nounced that United States ground combat sity research and by authorizing demonstra- amounts that would otherwise be proposed in forces would remain in Bosnia and tions of alternative personnel systems. the budget of any of the Armed Forces in ac- Herzegovina for an unknown period of time. (4) A number of laboratories and test and cordance with the future-years defense pro- (5) Approximately 47,880 United States evaluation centers have addressed the chal- gram related to that budget, or any other military personnel (excluding personnel lenges and are employing a variety of inno- agency of the Executive Branch, but, in- serving in units assigned to the Republic of vative methods, such as the so-called ‘‘Fed- stead, should be an overall increase in the Korea) have participated in 14 international erated Lab Concept’’ undertaken at the budget for the Department of Defense. contingency operations between fiscal years Army Research Laboratory, to maintain the SEC. 1065. NATO PARTICIPATION IN THE PER- 1991 and 1998. high quality of the technical program, to FORMANCE OF PUBLIC SECURITY (6) The 1998 posture statements of the Navy provide a challenging work environment for FUNCTIONS OF CIVILIAN AUTHORI- and Air Force included declarations that the researchers, and to meet the high cost de- TIES IN BOSNIA AND HERZEGOVINA. pace of military operations over fiscal year mands of maintaining facilities that are (a) FINDINGS.—Congress makes the fol- 1997 adversely affected the readiness of non- equal or superior in quality to comparable lowing findings: deployed forces, personnel retention rates, facilities anywhere in the world. (1) The North Atlantic Treaty Organiza- and spare parts inventories of the Navy and (b) COMMENDATION.—Congress commends tion (NATO) has approved the creation of a Air Force. the Secretary of Defense for the progress multi-national specialized unit of (b) INFORMATION TO BE REPORTED WITH made by the science and technology labora- gendarmes- or para-military police composed FUNDING REQUEST.—Section 113 of title 10, tories and test and evaluation centers to of European security forces to help promote United States Code, is amended by adding at achieve the results described in subsection public security in Bosnia and Herzegovina as the end the following: (a)(4) and encourages the Secretary to take a part of the post-June 1998 mission for the ‘‘(l) INFORMATION TO ACCOMPANY INITIAL the actions necessary to ensure continued Stabilization Force (SFOR) authorized under FUNDING REQUEST FOR CONTINGENCY OPER- progress for the laboratories and test and the United Nations Security Council Resolu- ATION.—Whenever the President submits to evaluation centers in developing cooperative tion 1088 (December 12, 1996). Congress a request for appropriations for relationships with universities and other pri- (2) On at least four occasions, beginning in costs associated with a contingency oper- vate sector entities for the performance of July 1997, the Stabilization Force (SFOR) ation that involves, or likely will involve, research and development functions.

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 19, 1998 CONGRESSIONAL RECORD — SENATE S6715

(c) PILOT PROGRAM.—(1) In conjunction ‘‘SEC. 704. (a) For purposes of voting for an withstanding subsection (a)(2), the Secretary with the plan for restructuring and revital- office of the United States or of a State, a shall commence the demonstration project izing the science and technology laboratories person who is absent from a State in compli- under subsection (d) on July 1, 1999. and test and evaluation centers of the De- ance with military or naval orders shall not, (2) Notwithstanding subsection (c), the partment of Defense that is required by sec- solely by reason of that absence— Secretary shall carry out the demonstration tion 906 of this Act, the Secretary of Defense ‘‘(1) be deemed to have lost a residence or project under subsection (d) in four separate may carry out a pilot program to dem- domicile in that State; areas, of which— onstrate improved cooperative relationships ‘‘(2) be deemed to have acquired a resi- (A) two shall meet the requirements of with universities and other private sector dence or domicile in any other State; or subsection (c)(1)(A); and entities for the performance of research and ‘‘(3) be deemed to have become resident in (B) two others shall meet the requirements development functions. or a resident of any other State. of subsection (c)(1)(B). (2) Under the pilot program, the Secretary ‘‘(b) In this section, the term ‘State’ in- (3)(A) Notwithstanding subsection (f), the of Defense shall provide the director of one cludes a territory or possession of the United Secretary shall provide for an annual evalua- science and technology laboratory, and the States, a political subdivision of a State, ter- tion of the demonstration project under sub- director of one test and evaluation center, of ritory, or possession, and the District of Co- section (d) that meets the requirements of each military department with authority for lumbia.’’. subsection (f)(2). the following: (b) STATE RESPONSIBILITY TO GUARANTEE (B) The Comptroller shall review each (A) To explore innovative methods for MILITARY VOTING RIGHTS.—(1) Section 102 of evaluation provided for under subparagraph quickly, efficiently, and fairly entering into the Uniformed and Overseas Citizens Absen- (A). cooperative relationships with universities tee Voting Act (42 U.S.C. 1973ff–1) is amend- (C) Not later than September 15 in each of and other private sector entities with re- ed— 2000 through 2004, the Secretary shall submit spect to the performance of research and de- (A) by inserting ‘‘(a) ELECTIONS FOR FED- a report on the results of the evaluation velopment functions. ERAL OFFICES.—’’ before ‘‘Each State shall— under subparagraph (A) during such year, to- (B) To waive any restrictions on the dem- ’’; and gether with the evaluation, to the Com- onstration and implementation of such (B) by adding at the end the following: mittee on Armed Services of the Senate and methods that are not required by law. ‘‘(b) ELECTIONS FOR STATE AND LOCAL OF- the Committee on National Security of the (C) To develop or expand innovative meth- FICES.—Each State shall— House of Representatives. ods of operation that provide more defense ‘‘(1) permit absent uniformed services vot- (D) Not later than December 31 in each of research for each dollar of cost, including to ers to use absentee registration procedures 2000 through 2004, the Comptroller General carry out such initiatives as focusing on the and to vote by absentee ballot in general, shall submit a report on the results of the re- performance of core functions and adopting special, primary, and runoff elections for view under subparagraph (B) during such more business-like practices. State and local offices; and year to the committees referred to in sub- (3) In selecting the laboratories and cen- ‘‘(2) accept and process, with respect to paragraph (C). ters for participation in the pilot program, any election described in paragraph (1), any (i) DEFINITIONS.—In this section: the Secretary shall consider laboratories and otherwise valid voter registration applica- centers where innovative management tech- tion from an absent uniformed services voter LEVIN (AND THURMOND) niques have been demonstrated, particularly if the application is received by the appro- AMENDMENT NO. 2780 as documented under sections 1115 through priate State election official not less than 30 1119 of title 31, United States Code, relating days before the election.’’. Mr. LEVIN (for himself and Mr. to Government agency performance and re- (2) The heading of title I of such Act is THURMOND) proposed an amendment to sults. amended by striking out ‘‘FOR FEDERAL the bill, S. 2057, supra; as follows: (4) The Secretary may carry out the pilot OFFICE’’. At the end of subtitle B of title II, insert program at each selected laboratory and cen- the following: ter for a period of three years beginning not WARNER AMENDMENT NO. 2778 SEC. 219. NATO COMMON-FUNDED CIVIL BUDGET. later than March 1, 1999. Of the amount authorized to be appro- (d) REPORTS.—(1) Not later than March 1, Mr. THURMOND (for Mr. WARNER) priated by section 201(1), $750,000 shall be 1999, the Secretary of Defense shall submit a proposed an amendment to the bill, S. available for contributions for the common- report on the implementation of the pilot 2057, supra; as follows: funded Civil Budget of NATO. program to Congress. The report shall in- At the end of subtitle C of title II, add the At the end of subtitle B of title III, insert clude the following: following: the following: (A) Each laboratory and center selected for SEC. 232. REVIEW OF PHARMACOLOGICAL INTER- SEC. 314. NATO COMMON-FUNDED MILITARY the pilot program. VENTIONS FOR REVERSING BRAIN BUDGET. (B) To the extent possible, a description of INJURY. Of the amount authorized to be appro- the innovative concepts that are to be tested (a) REVIEW AND REPORT REQUIRED.—The priated by section 30(a)(1), $227,377,000 shall at each laboratory or center. Assistant Secretary of Defense for Health Af- be available for contributions for the com- (C) The criteria to be used for measuring fairs shall review research on pharma- mon-funded Military Budget of NATO. the success of each concept to be tested. cological interventions for reversing brain At the end of subtitle A of title X, insert (2) Promptly after the expiration of the pe- injury and, not later than March 31, 1999, the following: riod for participation of a laboratory or cen- submit a report on the results of the review ter in the pilot program, the Secretary of to Congress. SEC. 1014. AMOUNT AUTHORIZED FOR CONTRIBU- TIONS FOR NATO COMMON-FUNDED Defense shall submit to Congress a final re- (b) CONTENT OF REPORT.—The report shall BUDGETS. port on the participation of the laboratory include the following: (a) TOTAL AMOUNT.—Contributions are au- or center in the pilot program. The report (1) The potential for pharmacological thorized to be made in fiscal year 1999 for the shall contain the following: interventions for reversing brain injury to common-funded budgets of NATO, out of (A) A description of the concepts tested. reduce mortality and morbidity in cases of funds available for the Department of De- (B) The results of the testing. head injuries incurred in combat or resulting fense for that purpose, in the total amount (C) The lessons learned. from exposures to chemical weapons or that is equal to the sum of (1) the amounts (D) Any proposal for legislation that the agents. of the unexpended balances, as of the end of Secretary recommends on the basis of the (2) The potential utility of such interven- fiscal year 1998, of funds appropriated for fis- experience at the laboratory or center under tions for the Armed Forces. cal years before fiscal year 1999 for payments the pilot program. (3) A conclusion regarding whether funding for such budgets, (2) the amount authorized for research on such interventions should be to be appropriated under section 301(a)(1) included in the budget for the Department of GRAMM (AND MCCAIN) that is available for contributions for the Defense for fiscal year 2000. AMENDMENT NO. 2777 NATO common-funded military budget Mr. THURMOND (for Mr. GRAMM, for under section 314, (3) the amount authorized BOND (AND OTHERS) AMENDMENT to be appropriated under section 201(1) that himself and Mr. MCCAIN) proposed an NO. 2779 is available for contribution for the NATO amendment to the bill, S 2057, supra; as Mr. THURMOND (for Mr. BOND for common-funded civil budget under section follows: 219, and (4) the total amount of the contribu- himself, Mr. SHELBY, Mr. COVERDELL, On page 130, between lines 11 and 12, insert tions authorized to be made under section the following: and Mr. FAIRCLOTH) proposed three 2501. SEC. 644. VOTING RIGHTS OF MILITARY PER- amendments to the bill, S. 2057, supra; (b) DEFINITION.—In this section, the term SONNEL. as follows: ‘‘common-funded budgets of NATO’’ means (a) GUARANTEE OF RESIDENCY.—Article VII On page 157, strike out line 7 and insert the the Military Budget, the Security Invest- of the Soldiers’ and Sailors’ Civil Relief Act following: ment Program, and the Civil Budget of of 1940 (50 U.S.C. App. 590 et seq.) is amended (h) ADDITIONAL REQUIREMENTS RELATING TO NATO (and any successor or additional ac- by adding at the end the following: FEHBP DEMONSTRATION PROJECT.—(1) Not- count or program of NATO).

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6716 CONGRESSIONAL RECORD — SENATE June 19, 1998 LEVIN AMENDMENT NO. 2781 NAZI WAR CRIMES DISCLOSURE form and Oversight of the House of Rep- Mr. LEVIN proposed an amendment ACT resentatives, describing all such records, the disposition of such records, and the activi- to the bill, S. 2057, supra; as follows: ties of the Interagency Group and agencies At the end of subtitle C of title X, add the DEWINE (AND LEAHY) under this section. following: AMENDMENT NO. 2782 (d) FUNDING.—There are authorized to be SEC. 1031. REPORTS ON THE DEVELOPMENT OF appropriated such sums as may be necessary THE EUROPEAN SECURITY AND DE- Mr. WARNER (for DEWINE, for him- to carry out the provisions of this Act. FENSE IDENTITY. self and Mr. LEAHY) proposed an SEC. 3. REQUIREMENT OF DISCLOSURE OF (a) REQUIREMENT FOR REPORTS.—The Sec- amendment to the bill (S. 1379) to retary of Defense shall submit to the con- RECORDS REGARDING PERSONS gressional defense committees in accordance amend section 552 of title 5, United WHO COMMITTED NAZI WAR CRIMES. with this section reports on the development States Code, and the National Security of the European Security and Defense Iden- Act of 1947 to require disclosure under (a) NAZI WAR CRIMINAL RECORDS.—For pur- tity (ESDI) within the NATO Alliance that the Freedom of Information Act re- poses of this Act, the term ‘‘Nazi war crimi- would enable the Western European Union garding certain persons, disclose Nazi nal records’’ means classified records or por- tions of records that— (WEU), with the consent of the NATO Alli- war criminal records without impair- ance, to assume the political control and (1) pertain to any person with respect to ing any investigation or prosecution whom the United States Government, in its strategic direction of NATO assets and capa- conducted by the Department of Jus- bilities made available by the Alliance. sole discretion, has grounds to believe or- (b) REPORTS TO BE SUBMITTED.—The re- tice or certain intelligence matters, dered, incited, assisted, or otherwise partici- ports required to be submitted under sub- and for other purposes; as follows: pated in the persecution of any person be- section (a) are as follows: Strike all after the enacting clause and in- cause of race, religion, national origin, or po- (1) An initial report, submitted not later sert the following: litical opinion, during the period beginning than December 15, 1998, that contains a dis- SECTION 1. SHORT TITLE. on March 23, 1933, and ending on May 8, 1945, cussion of the actions taken, and the plans This Act may be cited as the ‘‘Nazi War under the direction of, or in association for future actions, to build the European Se- Crimes Disclosure Act’’. with— (A) the Nazi government of Germany; curity and Defense Identity, together with SEC. 2. ESTABLISHMENT OF NAZI WAR CRIMINAL the matters required under subsection (c). RECORDS INTERAGENCY WORKING (B) any government in any area occupied (2) A semiannual report on the progress GROUP. by the military forces of the Nazi govern- made toward establishing the European Se- (a) DEFINITIONS.—In this section the term— ment of Germany; curity and Defense Identity, submitted not (1) ‘‘agency’’ has the meaning given such (C) any government established with the later than March 15 and December 15 of each term under section 551 of title 5, United assistance or cooperation of the Nazi govern- year after 1998. States Code; ment of Germany; or (c) CONTENT OF REPORTS.—The Secretary (2) ‘‘Interagency Group’’ means the Nazi (D) any government which was an ally of shall include in each report under this sec- War Criminal Records Interagency Working the Nazi government of Germany; or tion the following: Group established under subsection (b); (2) pertain to any transaction as to which (1) A discussion of the arrangements be- (3) ‘‘Nazi war criminal records’’ has the the United States Government, in its sole tween NATO and the Western European meaning given such term under section 3 of discretion, has grounds to believe— Union for the release, transfer, monitoring, this Act; and (A) involved assets taken from persecuted return, and recall of NATO assets and capa- (4) ‘‘record’’ means a Nazi war criminal persons during the period beginning on bilities. record. March 23, 1933, and ending on May 8, 1945, by, (2) A discussion of the development of such (b) ESTABLISHMENT OF INTERAGENCY under the direction of, on behalf of, or under planning and other capabilities by the West- GROUP.— authority granted by the Nazi government of ern European Union that are necessary to (1) IN GENERAL.—Not later than 60 days Germany or any nation then allied with that provide political control and strategic direc- after the date of enactment of this Act, the government; and tion of NATO assets and capabilities. President shall establish the Nazi War Crimi- (B) such transaction was completed with- (3) A discussion of the development of nal Records Interagency Working Group, out the assent of the owners of those assets terms of reference for the Deputy Supreme which shall remain in existence for 3 years or their heirs or assigns or other legitimate Allied Commander, Europe, with respect to after the date the Interagency Group is es- representatives. the European Security and Defense Identity. tablished. (b) RELEASE OF RECORDS.— (4) A discussion of the arrangements for (2) MEMBERSHIP.—The President shall ap- (1) IN GENERAL.—Subject to paragraphs (2), the assignment or appointment of NATO of- point to the Interagency Group individuals (3), and (4), the Nazi War Criminal Records ficers to serve in two positions concurrently whom the President determines will most Interagency Working Group shall release in (commonly referred to as ‘‘dual-hatting’’). completely and effectively carry out the their entirety Nazi war criminal records that (5) A discussion of the development of the functions of the Interagency Group within are described in subsection (a). Combined Joint Task Force (CJTF) concept, the time limitations provided in this section, (2) EXCEPTION FOR PRIVACY, ETC.—An agen- including lessons-learning from the NATO- including the Director of the Holocaust Mu- cy head may exempt from release under led Stabilization Force in Bosnia. seum, the Historian of the Department of paragraph (1) specific information, that (6) Identification within the NATO Alli- State, the Archivist of the United States, would— ance of the types of separable but not sepa- the head of any other agency the President (A) constitute a clearly unwarranted inva- rate capabilities, assets, and support assets considers appropriate, and no more than 3 sion of personal privacy; for Western European Union-led operations. other persons. The head of an agency ap- (B) reveal the identity of a confidential (7) Identification of separable but not sepa- pointed by the President may designate an human source, or reveal information about rate headquarters, headquarters elements, appropriate officer to serve on the Inter- the application of an intelligence source or and command positions for command and agency Group in lieu of the head of such method, or reveal the identity of a human conduct of Western European Union-led oper- agency. intelligence source when the unauthorized ations. (3) INITIAL MEETING.—Not later than 90 disclosure of that source would clearly and (8) The conduct by NATO, at the request of days after the date of enactment of this Act, demonstrably damage the national security and in coordination with the Western Euro- the Interagency Group shall hold an initial interests of the United States; pean Union, of military planning and exer- meeting and begin the functions required (C) reveal information that would assist in cises for illustrative missions. under this section. the development or use of weapons of mass (9) A discussion of the arrangements be- (c) FUNCTIONS.—Not later than 1 year after destruction; tween NATO and the Western European the date of enactment of this Act, the Inter- (D) reveal information that would impair Union for the sharing of information, includ- agency Group shall, to the greatest extent United States cryptologic systems or activi- ing intelligence. possible consistent with section 3 of this ties; (10) Such other information as the Sec- Act— (E) reveal information that would impair retary considers useful for a complete under- (1) locate, identify, inventory, recommend the application of state-of-the-art tech- standing of the establishment of the Euro- for declassification, and make available to nology within a United States weapon sys- pean Security and Defense Identity within the public at the National Archives and tem; the NATO Alliance. Records Administration, all classified Nazi (F) reveal actual United States military (d) TERMINATION OF SEMIANNUAL REPORTING war criminal records of the United States; war plans that remain in effect; REQUIREMENT.—No report is required under (2) coordinate with agencies and take such (G) reveal information that would seri- subsection (b)(2) after the Secretary submits actions as necessary to expedite the release ously and demonstrably impair relations be- under that subsection a report in which the of such records to the public; and tween the United States and a foreign gov- Secretary states that the European Security (3) submit a report to Congress, including ernment, or seriously and demonstrably un- and Defense Identity has been fully estab- the Committee on the Judiciary of the Sen- dermine ongoing diplomatic activities of the lished. ate and the Committee on Government Re- United States;

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 19, 1998 CONGRESSIONAL RECORD — SENATE S6717 (H) reveal information that would clearly SEC. 1064. ISSUANCE OF BURIAL FLAGS FOR DE- purposes of the ultimate transfer or convey- and demonstrably impair the current ability CEASED MEMBERS AND FORMER ance of such object to a foreign country or of United States Government officials to pro- MEMBERS OF THE SELECTED RE- entity controlled by a foreign government, tect the President, Vice President, and other SERVE. unless specifically authorized by law. Section 2301(a) of title 38, United States officials for whom protection services, in the Code, is amended— (b) DEFINITIONS.—In this section: interest of national security, are authorized; (1) by striking out ‘‘and’’ at the end of (1) ENTITY CONTROLLED BY A FOREIGN GOV- (I) reveal information that would seriously paragraph (1); ERNMENT.—The term ‘‘entity controlled by a and demonstrably impair current national (2) by striking out the period at the end of foreign government’’ has the meaning given security emergency preparedness plans; or paragraph (2) and inserting in lieu thereof ‘‘; that term in section 2536(c)(1) of title 10, (J) violate a treaty or international agree- and’’; and United States Code. ment. (3) by adding at the end the following: (2) VETERANS MEMORIAL OBJECT.—The term (3) APPLICATION OF EXEMPTIONS.— ‘‘(3) deceased individual who— ‘‘veterans memorial object’’ means any ob- (A) IN GENERAL.—In applying the exemp- ‘‘(A) was serving as a member of the Se- ject, including a physical structure or por- tions listed in subparagraphs (B) through (J) lected Reserve (as described in section 10143 tion thereof, that— of paragraph (2), there shall be a presump- of title 10) at the time of death; (A) is located at a cemetery of the Na- tion that the public interest in the release of ‘‘(B) had served at least one enlistment, or tional Cemetery System, war memorial, or Nazi war criminal records will be served by the period of initial obligated service, as a military installation in the United States; disclosure and release of the records. Asser- member of the Selected Reserve and was dis- (B) is dedicated to, or otherwise memorial- tion of such exemption may only be made charged from service in the Armed Forces izes, the death in combat or combat-related when the agency head determines that dis- under conditions not less favorable than hon- duties of members of the United States closure and release would be harmful to a orable; or Armed Forces; specific interest identified in the exemption. ‘‘(C) was discharged from service in the (C) caused, or contributed to bringing An agency head who makes such a deter- Armed Forces under conditions not less fa- about, the death in combat or combat-re- mination shall promptly report it to the vorable than honorable by reason of a dis- lated duties of members of the United States committees of Congress with appropriate ju- ability incurred or aggravated in line of duty Armed Forces; and risdiction, including the Committee on the during the individual’s initial enlistment, or (D) was brought to the United States from Judiciary of the Senate and the Committee period of initial obligated service, as a mem- abroad as a memorial of combat abroad. on Government Reform and Oversight of the ber of the Selected Reserve.’’. House of Representatives. The exemptions set forth in paragraph (2) shall constitute THOMAS (AND ENZI) AMENDMENTS the only authority pursuant to which an HUTCHISON AMENDMENTS NOS. agency head may exempt records otherwise NOS. 2784–2785 2786–2787 subject to release under paragraph (1). (Ordered to lie on the table.) (B) APPLICATION OF TITLE 5.—A determina- Mr. THOMAS (for himself and Mr. (Ordered to lie on the table.) tion by an agency head to apply an exemp- ENZI) submitted two amendments in- Mrs. HUTCHISON submitted two tion listed in subparagraphs (B) through (I) tended to be proposed by them to the amendments intended to be proposed of paragraph (2) shall be subject to the same bill, S. 2057, supra; as follows: by her to the bill, S. 2057, supra; as fol- standard of review that applies in the case of AMENDMENT NO. 2784 lows: records withheld under section 552(b)(1) of On page 268, between lines 8 and 9, insert title 5, United States Code. AMENDMENT NO. 2786 the following: (4) LIMITATION ON APPLICATION.—This sub- section shall not apply to records— SEC. 1064. PROHIBITION ON RETURN OF VET- On page 222, below line 21, add the fol- ERANS MEMORIAL OBJECTS WITH- lowing: (A) related to or supporting any active or OUT SPECIFIC AUTHORIZATION IN inactive investigation, inquiry, or prosecu- LAW. SEC. 1031. REPORT ON REDUCTION OF INFRA- tion by the Office of Special Investigations (a) PROHIBITION.—Notwithstanding section STRUCTURE COSTS AT BROOKS AIR of the Department of Justice; or 2572 of title 10, United States Code, or any FORCE BASE, TEXAS. (B) solely in the possession, custody, or other provision of law, the President may (a) REQUIREMENT.—Not later than Decem- control of that office. not transfer a veterans memorial object to a ber 31, 1998, the Secretary of Defense shall, in (c) INAPPLICABILITY OF NATIONAL SECURITY foreign country or entity controlled by a for- consultation with the Secretary of the Air ACT OF 1947 EXEMPTION.—Section 701(a) of eign government, or otherwise transfer or Force, submit to the congressional defense the National Security Act of 1947 (50 U.S.C. convey such object to a person or entity for committees a report on means of reducing 431) shall not apply to any operational file, purposes of the ultimate transfer or convey- significantly the infrastructure costs at or any portion of any operational file, that ance of such object to a foreign country or Brooks Air Force Base, Texas, while also constitutes a Nazi war criminal record under entity controlled by a foreign government, maintaining or improving the support for section 3 of this Act. unless specifically authorized by law. Department of Defense missions and per- SEC. 4. EXPEDITED PROCESSING OF FOIA RE- (b) DEFINITIONS.—In this section: sonnel provided through Brooks Air Force QUESTS FOR NAZI WAR CRIMINAL (1) ENTITY CONTROLLED BY A FOREIGN GOV- Base. RECORDS. ERNMENT.—The term ‘‘entity controlled by a (a) EXPEDITED PROCESSING.—For purposes (b) ELEMENTS.—The report shall include foreign government’’ has the meaning given of expedited processing under section the following: that term in section 2536(c)(1) of title 10, 552(a)(6)(E) of title 5, United States Code, (1) A description of any barriers (including United States Code. any requester of a Nazi war criminal record barriers under law and through policy) to (2) VETERANS MEMORIAL OBJECT.—The term shall be deemed to have a compelling need improved infrastructure management at ‘‘veterans memorial object’’ means any ob- for such record. Brooks Air Force Base. ject, including a physical structure or por- (b) REQUESTER.—For purposes of this sec- (2) A description of means of reducing in- tion thereof, that— tion, the term ‘‘requester’’ means any person frastructure management costs at Brooks (A) is located at a cemetery of the Na- who was persecuted in the manner described Air Force Base through cost-sharing ar- tional Cemetery System, war memorial, or under section 3(a)(1) of this Act who requests rangements and more cost-effective utiliza- military installation in the United States; a Nazi war criminal record. tion of property. (B) is dedicated to, or otherwise memorial- SEC. 5. EFFECTIVE DATE. (3) A description of any potential public izes, the death in combat or combat-related This Act and the amendments made by partnerships or public-private partnerships duties of members of the United States this Act shall take effect on the date that is to enhance management and operations at Armed Forces; and 90 days after the date of enactment of this Brooks Air Force Base. (C) was brought to the United States from Act. (4) An assessment of any potential for ex- abroad as a memorial of combat abroad. f panding infrastructure management oppor- THE NATIONAL DEFENSE AUTHOR- AMENDMENT NO. 2785 tunities at Brooks Air Force Base as a result of initiative considered at the Base or at IZATION ACT FOR FISCAL YEAR On page 268, between lines 8 and 9, insert other installations. 1999 the following: (5) An analysis (including appropriate SEC. 1064. PROHIBITION ON RETURN OF VET- ERANS MEMORIAL OBJECTS WITH- data) on current and projected costs of the SMITH AMENDMENT NO. 2783 OUT SPECIFIC AUTHORIZATION IN ownership or lease of Brooks Air Force Base LAW. under a variety of ownership or leasing sce- (Ordered to lie on the table.) narios, including the savings that would ac- Mr. SMITH of Oregon submitted an (a) PROHIBITION.—Notwithstanding section 2572 of title 10, United States Code, or any crue to the Air Force under such scenarios amendment intended to be proposed by other provision of law, the President may and a schedule for achieving such savings. him to the bill, S. 2057, supra; as fol- not transfer a veterans memorial object to a (6) Any recommendations relating to re- lows: foreign country or entity controlled by a for- ducing the infrastructure costs at Brooks On page 268, between lines 8 and 9, insert eign government, or otherwise transfer or Air Force Base that the Secretary considers the following: convey such object to a person or entity for appropriate.

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6718 CONGRESSIONAL RECORD — SENATE June 19, 1998 AMENDMENT NO. 2787 This bill would have been a tremen- Several amendments concerning lim- On page 342, below line 22, add the fol- dous step in the right direction. As its on lawyers fees were also considered lowing: originally drafted it would have com- as part of the debate on this bill. While SEC. 2827. CONVEYANCE OF UTILITY SYSTEMS, prehensively addressed the epidemic of the lowest proposed limit would have LONE STAR ARMY AMMUNITION PLANT, TEXAS. youth smoking by funding anti-smok- perhaps inadvertently limited access (a) CONVEYANCE AUTHORIZED.—The Sec- ing campaigns and smoking cessation by individuals to attorneys willing to retary of the Army may convey all right, programs, reducing the ability of take their cases, I supported subse- title, and interest of the United States in young people to buy cigarettes, and quent amendments which offered less and to any utility system, or part thereof, limiting the ability of tobacco manu- onerous limitations on the amount at- including any real property associated with facturers to market to children. There such system, at the Lone Star Army Ammu- torneys can charge to bring suit were also a number of other improve- against the misdeeds of the tobacco in- nition Plant, Texas, to the redevelopment ments offered to the bill during debate authority for the Red River Army Depot, dustry. on the floor, which I was proud to sup- Texas, in conjunction with the disposal of I was troubled by efforts of some property at the Depot under the Defense port. Base Closure and Realignment Act of 1990 In particular, I was pleased to see Members to divert the funds dedicated (part A of title XXIX of Public Law 101–510; two amendments incorporated into the in this bill for public health purposes. 10 U.S.C. 2687 note). bill that would have provided strong For instance, while I have been a (b) CONSTRUCTION.—Nothing in subsection disincentives for tobacco manufactur- staunch supporter of anti-drug legisla- (a) may be construed to prohibit or other- ers to continue to market to America’s tion, I was unable to support an wise limit the Secretary from conveying any children. The first provision would utility system referred to in that subsection amendment that would have gutted under any other provision of law, including have ensured that tobacco companies anti-tobacco public health programs in section 2688 of title 10, United States Code. would be penalized if they marketed to the bill in favor of poorly crafted anti- (c) UTILITY SYSTEM DEFINED.—In this sec- children by denying them the ability to drug provisions. This amendment tion, the term ‘‘utility system’’ has the claim a tax deduction for those adver- would have diverted public education meaning given that term in section 2688(g) of tising expenses. A second amendment funds to private-school vouchers for title 10, United States Code. would require the tobacco industry to victims of school violence. A main flaw f pay stiffer lookback penalties if youth in this concept is that it offers assist- ADDITIONAL STATEMENTS smoking reduction targets were not ance only after a student has been vic- met. Public health and economic experts timized, but does nothing to prevent THE NATIONAL TOBACCO POLICY agree that the cornerstone of any ef- crimes against children before they AND YOUTH SMOKING REDUC- fort to reduce youth smoking is a steep happen. This amendment would have TION ACT OF 1998 increase in the price of tobacco over a also overridden the collective bar- ∑ Mr. DODD. Mr. President, with this short time. That is why I strongly sup- gaining rights of employees of the Cus- week’s defeat of S. 1415, the National ported an amendment to increase the toms Service, undermining a successful Tobacco Policy and Youth Smoking price of cigarettes by $1.50 per pack, anti-drug program developed through Reduction Act of 1998, the Senate has the minimum amount of increase that cooperative labor-management rela- for the time being lost a unique oppor- experts agree is needed to reduce youth tions. It would have also barred Fed- tunity to create a better future for our smoking. This price increase would eral funds and limited non-federal nation’s children. Cloaked in a proce- have reduced the number of children funds for needle exchange programs— dural vote, the Republican leadership smoking by 60% in one year, kept 2.7 programs that have effectively helped of this body voted to override the will million kids from starting smoking, control the spread of the deadly AIDS of a majority of our colleagues and and would have saved 800,000 lives. virus in our communities. Not surpris- scuttle an historic effort to protect our While I was disappointed that the pro- ingly, this amendment was opposed by children from the ravages of tobacco. posal was defeated, I was encouraged several law enforcement entities. In the end, a determined minority of that a majority of the Senate resound- In contrast, the Democratic alter- Republican Senators was more respon- ingly rejected an attempt to strip from native, which I did support, would not sible to the wishes of the tobacco in- the bill the original $1.10 per pack in- have jeopardized funding for public dustry than the need’s of America’s crease—one of the bill’s strongest health. This alternative would have in- children. weapons against youth smoking. Preventing the devastation that to- I was also proud to support a provi- cluded tough money laundering provi- bacco wreaks on our children was the sion that would have improved the sions, not present in the Coverdell impetus for the considerable work that quality of child care and made it more amendment, which would have pro- went into the drafting of this bill over affordable and accessible to all Ameri- vided critical assistance to law en- the past several months. It is also the cans. By setting aside for child care 50 forcement to combat drug problems. reason why many of us have been will- percent of the federal portion of to- Rather than weakening the Customs ing to devote a significant portion of bacco funds going to states, this provi- Service, it would have increased the the Senate’s time—almost four weeks— sion would have provided a solid foun- drug interdiction budget for the agency to this cause. dation and a concrete committment to as well as for the Coast Guard and the We know that ninety-five percent of the future health and safety of our Department of Defense, using general all adult smokers begin smoking as children. revenues. In addition, the Democratic children. An estimated 3,000 youth There were also a number of amend- alternative would have created finan- start to smoke each day—a number ments to this legislation which I op- cial incentives for states to report on that has been increasing for the last posed out of concern that they would and improve the safety of schools. five years. One thousand of those chil- have significantly weakened its im- I also felt compelled to vote against dren will die early as a result of taking pact. First, I was unable to support an the marriage penalty amendment of- up this deadly habit. Provisions in this amendment that would have denied to- legislation would have reduced by two- bacco manufacturers any limitation on fered by the Republicans because, in thirds the number of children who annual liabilities. Like the Adminis- my view, the amendment did not pro- smoke. tration, I believe that some limitations vide targeted relief to those who need Those who voted to abandon this ef- on liability were necessary in order to it most. In fact, 60 percent of the tax fort have chosen to allow our children maximize our chances of passing a bill cut in the provision would have gone to to continue purchasing over 256 million that would actually succeed in curbing couples who currently enjoy a mar- packs of cigarettes per year, providing youth smoking. Without such provi- riage bonus. Moreover, this amendment over $500 million in revenues to to- sions, members of the industry were was a costly measure—costing 50 per- bacco companies. They have chosen to prepared to argue that their First cent more in the first 10 years than the do nothing to prevent sickness and Amendment rights were violated. They Democratic alternative that was of- death that are certain to befall mil- would have tied the legislation up in fered, which I was pleased to support. lions of children who become addicted courts for decades, while leaving Amer- In addition, the Republican amend- to tobacco. ica’s children unprotected. ment would have been partially funded

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 19, 1998 CONGRESSIONAL RECORD — SENATE S6719 in the out-years by tapping into the in Methuen, Massachusetts. Both in REMARKS BY SENATE DEMOCRAT LEADER TOM projected budget surplus, potentially school and in the greater society, Aditi DASCHLE HONORING JOHN GLENN, AN OLD- leaving fewer funds available for long- stands out as a model student and cit- FASHIONED AMERICAN HERO term Social Security reform. izen. Every time I hear John talk about wanting The Democratic alternative to this I wish to congratulate Aditi for all of to go back up into space to study the effects amendment would have reduced the of space flight on aging bodies I think, her accomplishments, and especially ‘‘Right. What does he know about aging bod- marriage penalty in the tax code by a for being a distinguished recipient of ies?’’ John Glenn is the only person I know much greater extent than the Repub- the Discover Card State Tribute who can do pushups with one hand and salute lican proposal for most couples with in- Award. It is an honor to represent the flag with the other at the same time. comes below $60,000. Indeed, this Aditi Garg in the United States Sen- So, I appointed a task force to investigate amendment was carefully targeted and ate.∑ the real reasons John wants to blast back would cut the marriage tax penalty into space. Tonight, I’m releasing their re- more for a greater number of families. f port. Here are the top three reasons, in Letterman style: Furthermore, this proposal would have AN AUTHENTIC AMERICAN HERO Number three: It turns out, he left his bill- cost far less than the Republican pro- IN OUR MIDST fold up there the first trip. posal, while preserving the capacity of Number two: Before he leaves Congress, he ∑ the tobacco bill to fulfill its funda- Mr. KERRY. Mr. President, those of wants to pioneer the ultimate CODEL. mental purposes: cutting youth smok- us who serve with our distinguished And reason number one: He wants to ex- ing, recompensing states and tobacco colleague from Ohio, Senator JOHN plore places to send Ken Starr on his next as- GLENN, have long known him to be a signment. farmers, and improving the medical Actually, the reason John is going back knowledge about the treatment of to- very special American. We have had the privilege of working with someone into space is the same reason he’s doing bacco-related illnesses. practically everything in his life. It is, quite Mr. President, this was not a perfect who, in his Senate service that might simply, to serve his country. bill. However, even with its flaws, it be characterized as his third career, We are here tonight to pay tribute to an would have marked a dramatic step has demonstrated his capability as an old-fashioned American hero, and to thank forward in the effort to protect chil- accomplished statesman and politician. Annie, and all the Glenn children and grand- dren from the dangers of smoking. I He has capably provided strong leader- children, for sharing so much of John with America for so long. was disappointed by its demise. But I ship to the committees on which he has served, notably including but certainly About two years ago, Linda and I had the firmly believe that its defeat is only a privilege of flying to China with several temporary one. The health of our chil- not limited to his work as Chairman other members, including John and Annie. dren is simply too important for this and Ranking Member of the Committee During the flight, we were able to persuade Congress to ignore. I look forward to on Governmental Affairs in fields as di- John to recollect that incredible mission working with colleagues on both sides verse as counterproliferation and gov- aboard Friendship 7. of the aisle in the days to come to ad- ernment efficiency. He told us about losing all communication during re-entry, about having to guide his dress this critical issue.∑ JOHN GLENN’s public service, of course, follows his other two careers— spacecraft manually during the most critical f most recently as a very successful busi- point in re-entry, about seeing pieces of his TRIBUTE TO ADITI GARG OF NEW spacecraft splitting off in a big fireball. nessman in our free enterprise econ- We all huddled around him with our eyes HAMPSHIRE, 1998 DISCOVER omy, and, of course, as an accom- wide open. No one said a word. Listening to CARD STATE TRIBUTE AWARD plished military pilot with a distin- him, I felt the same awe I had felt when I SCHOLARSHIP RECIPIENT guished record culminating in the dis- was 14 years old, sitting in a classroom in ∑ Mr. SMITH of New Hampshire. Mr. tinction of being the first American to Aberdeen, South Dakota, watching TV ac- President, I rise today to commend orbit the earth in space as one of the counts of that flight. original seven Mercury astronauts. I feel that inspiration now, when I think Aditi Garg of New Hampshire for re- about what will be the next chapter in the ceiving the Discover Card State Trib- This fall, Senator GLENN expects to life of this amazing man. ute Award Scholarship for 1998. return to space to participate in impor- A lot of people tend to think of two John Established in 1992, the Discover Card tant experiments concerning the ef- Glenns: Colonel John Glenn, the astronaut- Tribute Award program honors out- fects of space travel on senior citizens. hero; and Senator John Glenn. The truth is, standing high school juniors and sen- In some ways to those of us who know there is only John Glenn—the patriot. iors across the United States and over- him well, and watch the pace at which Love for his country is what sent John into he works and his amazing capacity for space. It’s what brought him to Washington, seas schools. The Tribute Award Pro- and compelled him to work so diligently gram honors excellence in community the nearly interminable activity that over all these years in the Senate. As he service, leadership, special talents, consumes the lives of our nation’s said, when he announced that he would not unique endeavors and obstacles over- elected officials, it is difficult for us to seek re-election: Despite all our problems— come. Of nearly 11,000 students nation- see him as a senior citizen. But the cal- despite our sometimes inefficient bureauc- wide who applied this year, only those endar tells us that Senator GLENN is racies . . . or any of the other problems we who most exemplify these characteris- well into his 70’s—and, in fact, will see love to complain about, America—this grand tics receive the scholarships. Winners his 77th birthday very soon. We wish experiment in democracy—this ongoing him well, and, once again, many years work in progress—is still the greatest nation may use their scholarships for any type in the history of the world and still a shining of post-high school education or train- after the first time our nation held its beacon of hope and opportunity. ing. breath and offered him our prayers and People who have been there say you see Gold, silver, bronze and merit State best wishes, we will do so again later the world differently from space. You see the Tribute Award scholarships are award- this year when he and his fellow Dis- ‘‘big picture.’’ You see how small and inter- ed in three categories of study: Arts covery crew members board the shuttle connected our planet is. Perhaps it’s because and Humanities, Trade and Technical for the flight in which he will serve as he came to the Senate with that perspective or Science, Business and Technology. a crew member. that John has fought so hard against nuclear proliferation. As a Wall Street Journal re- Due to her outstanding written state- On Tuesday night of this week, we porter wrote recently, ‘‘He has been the Sen- ment, Aditi received a silver award in colleagues in the Senate honored Sen- ate scold who lectured everybody who would the category of Science, Business and ator GLENN, and met his fellow crew listen, and some who wouldn’t, about the Technology Studies. members, at a dinner in the Capitol. On need to stop the spread of nuclear arms.’’ It is no wonder Aditi is one of the re- that occasion, the Senate Democratic I don’t know about that ‘‘Senate scold’’ cipients of such a competitive award. Leader TOM DASCHLE delivered remarks part. But I do know that America is lucky She is a member of the National Honor in honor of JOHN GLENN. Because Sen- that John Glenn went up the first time and gained that perspective. And the country is Society at her high school in Salem, ator DASCHLE’s remarks eloquently and very lucky that he is going up again. And New Hampshire. She is also a member succinctly captured much about JOHN those of us who are his colleagues are the of the varsity tennis team, studies In- GLENN that I believe others should luckiest of all, for having had the chance to dian classical dance and enjoys her vol- know, I ask that those remarks be serve with, and be inspired by him, between unteer work at Holy Family Hospital printed in the RECORD.∑ his two trips.∑

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6720 CONGRESSIONAL RECORD — SENATE June 19, 1998 TRIBUTE TO SUSAN WOOD OF NEW Shank. This award will allow the two and Humanities, Trade and Technical HAMPSHIRE 1998 DISCOVER CARD performers to record the Bartok Sona- or Science, Business and Technology. STATE TRIBUTE AWARD SCHOL- tas for violin and piano and showcase Due to her outstanding written state- ARSHIP RECIPIENT their talents to a national audience. ment, Sara received a gold award in ∑ Mr. SMITH of New Hampshire. Mr. Mr. Johnston is the founder of the the category of Science, Business and President, I rise today to commend Minneapolis Guitar Quartet (MGC) Technology Studies. Susan Wood of New Hampshire for re- which is nationally recognized for its It is no wonder Sara is one of the re- ceiving the Discover Card State Trib- excellence. The MGC has performed cipients of such a competitive award. ute Award Scholarship for 1998. throughout the United States and on The many activities in which she par- Established in 1992, the Discover Card the nationally syndicated radio pro- ticipates at Gilford Middle High School gram St. Paul Sunday Morning. In ad- Tribute Award program honors out- in Gilford, New Hampshire, include dition, they have also represented the standing high school juniors and sen- Students Against Drunk Driving, mul- United States abroad, performing in iors across the United States and over- tiple drama productions and Student South America and Spain. seas schools. The Tribute Award Pro- Council, where she was appointed vice gram honors excellence in community On June 4, these two outstanding per- formers were invited to showcase their president for two consecutive years. service, leadership, special talents, Sara is also a New England ranked unique endeavors and obstacles over- talents here in our nation’s capital at the Kennedy Center for the Performing competitive swimmer. In addition, she come. Of nearly 11,000 students nation- finds time to participate in the ‘‘Big wide who applied this year, only those Arts. Through this performance the people of Washington benefitted from Brother, Big Sister’’ program and who most exemplify these characteris- Interact Society, a local community tics receive the scholarships. Winners the talent that we in Minnesota have already been exposed to. service group. She currently holds a may use their scholarships for any type ranking of third in her academic class, of post-high school education or train- MacLaughlin and Johnston carry on the tradition of great performers who and aspires to study medicine in the ing. coming years. Sara’s many accomplish- Gold, silver, bronze and merit State share their knowledge with others so ments and involvements easily illus- Tribute Award scholarships are award- that they, too, may realize their poten- trate her importance as a model stu- ed in three categories of study: Arts tial. Both are teachers at the MacPhail dent, leader and citizen in society. and Humanities, Trade and Technical Center for the Arts in Minneapolis. The or Science, Business and Technology. MacPhail Center was founded by Min- I wish to congratulate Sara for all of Due to her outstanding written state- neapolis Symphony member William S. her accomplishments, and especially ment, Susan received a silver award in MacPhail in 1907. It has grown out of for being a distinguished recipient of the category of Trade and Technical its humble beginnings of four teachers the Discover Card State Tribute Studies. and 82 students into the second largest Award. It is an honor to represent Sara It is no wonder Susan is one of the re- community music school in the coun- D. McLaughlin in the United States cipients of such a competitive award. try. Its 125 instructors teach in over 40 Senate.∑ She is a long-standing member of 4H on instrument areas, and the school has the National Level and has served as exceptional programs in Early Child- f President of her local chapter. Through hood Arts and in Suzuki Talent Edu- 4H, she has volunteered for many com- cation. WEST VIRGINIA’S 135TH munity service projects. As a member We in Minnesota are proud of our ANNIVERSARY of an equestrian team, Susan has dis- strong arts community and of the tra- ∑ played her leadership qualities by com- dition that the Twin Cities area is de- Mr. ROCKEFELLER. Mr. President, I peting successfully, riding in the East- veloping as a center for artistic and would like to pause for a moment to ern States Fair competitions. She is cultural expression. The MacPhail Cen- recognize the achievements of the also a member of the Junior National ter has made an enormous contribution great state of West Virginia, a land of Honor Society at her high school in to the study and enjoyment of music in rugged beauty, vast natural and min- West Swanzey, New Hampshire. Susan our community. I am pleased to con- eral resources, and a hard-working citi- shines as a model student, athlete and gratulate the MacPhail Center as well zenry. The people of West Virginia cel- citizen. as Heather MacLaughlin and Alan ebrate these qualities every day, but I wish to congratulate Susan for all Johnston.∑ today is a special occasion when we of her accomplishments, and especially f celebrate West Virginia’s 135th anni- versary. It was June 20, 1863 when West for being a distinguished recipient of TRIBUTE TO SARA D. MCLAUGHLIN the Discover Card State Tribute OF NEW HAMPSHIRE, 1998 DIS- Virginia rose from the pain of a house Award. It is an honor to represent COVER CARD STATE TRIBUTE divided and took its place as the na- Susan Wood in the United States Sen- AWARD SCHOLARSHIP RECIPI- tion’s 35th state. ate.∑ ENT The patriotism and commitment to f ∑ Mr. SMITH of New Hampshire. Mr. freedom that led West Virginia to split ACKNOWLEDGING THE EXCELLENT President, I rise today to commend from Virginia in this country’s darkest WORK OF HEATHER Sara McLaughlin of New Hampshire for hour have defined the state’s history MACLAUGHLIN AND ALAN JOHN- receiving the Discover Card State Trib- since then. West Virginia was the first STON ute Award Scholarship for 1998. state to institute Rural Free Delivery ∑ Mr. WELLSTONE. Mr. President, I Established in 1992, the Discover Card of mail, and its miners led the way in rise today to acknowledge the excel- Tribute Award program honors out- the progressive labor movements of the lent work of two musicians from Min- standing high school juniors and sen- early 1900’s. A leading producer of coal nesota. On June 4, Heather iors across the United States and over- and steel, West Virginia and its people MacLaughlin and Alan Johnston per- seas schools. The Tribute Award Pro- were essential to this nation’s wartime formed at the Kennedy Center. These gram honors excellence in community economy. two are not only excellent musicians, service, leadership, special talents, West Virginia’s economy continues but they are teachers and leaders as unique endeavors and obstacles over- to expand into the 21st Century. The well. come. Of nearly 11,000 students nation- state is now on track to become a Ms. MacLaughlin is one of the Twin wide who applied this year, only those major producer of everything from Cities’ leading collaborative pianists. who most exemplify these characteris- automobile engines to aircraft to tele- She has performed with the Minnesota tics receive the scholarships. Winners marketing services. In addition, more Orchestra and St. Paul Chamber Or- may use their scholarships for any type tourists than ever flock to West Vir- chestra and her performances have of post-high school education or train- ginia’s mountains and valleys for their been aired on both Minnesota and Na- ing. scenic beauty, recreation opportuni- tional Public Radio. She is a recipient Gold, silver, bronze and merit State ties, and friendly folk. West Virginia of the prestigious McKnight Artist Fel- Tribute Award scholarships are award- offers skiing in the winter, blazing col- lowship award with violinist Leslie ed in three categories of study: Arts ors in the fall, hiking and water sports

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 19, 1998 CONGRESSIONAL RECORD — SENATE S6721 in the spring and summer, and treas- I wish to congratulate Andrea for all tion require nearly $4 million in main- ures like historic Harpers Ferry year- of her accomplishments, and especially tenance per year. round. for being a distinguished recipient of An earmark of $200,000 for feasibility I am proud to represent West Vir- the Discover Card State Tribute studies along the Alabama River below ginia in this distinguished body. I hope Award. It is an honor to represent An- the Claiborne Lock and Dam to deter- my colleagues will join me in cele- drea L. Aldrich in the United States mine measures necessary to improve brating West Virginia’s 135th year in Senate.∑ the navigation channel in order for the Union, and that they and their con- f projects along the river to realize their stituents can gain inspiration from full economic potential. West Virginia’s motto, Mountaineers FISCAL YEAR 1999 ENERGY/WATER Certainly, it would be unfortunate if Are Always Free.∑ APPROPRIATIONS BILL the businesses located along this f ∑ Mr. MCCAIN. Mr. President, I voted stretch of the Alabama River were hin- in favor of this bill, the FY 1999 En- dered in any way from economic suc- TRIBUTE TO ANDREA L. ALDRICH ergy/Water Appropriations bill. There cess by virtue of the condition of the OF NEW HAMPSHIRE, 1998 DIS- is much to support in the bill. navigation channel. However, would it COVER CARD STATE TRIBUTE In particular, it provides essential re- not be reasonable to expect those busi- AWARD SCHOLARSHIP RECIPI- sources to preserve and maintain our nesses and local communities to con- ENT nation’s waterways, support safe and tribute at least to studying possible ∑ Mr. SMITH of New Hampshire. Mr. efficient cleanup of nuclear waste, and improvements to enhance their oper- President, I rise today to commend An- promote more constructive utilization ations? drea Aldrich of New Hampshire for re- of our energy resources. And while the An earmark of $8 million to initiate ceiving the Discover Card State Trib- bill increases spending for these items a general reevaluation report to deter- ute Award Scholarship for 1998. over last year’s level, the overall mine the feasibility of further deep- Established in 1992, the Discover Card spending provided in this bill is more ening the Miami Harbor Channel in Tribute Award program honors out- than $350 million less than the amount Florida and providing reimbursement standing high school juniors and sen- requested by the Administration. to local sponsors. Mind you, this is not iors across the United States and over- However, as elected officials, we bear $8 million to deepen the channel—it is seas schools. The Tribute Award Pro- no greater responsibility than to en- simply to study the feasibility of deep- gram honors excellence in community sure that the American people’s hard- ening the channel. And this $8 million service, leadership, special talents, earned tax dollars are utilized in the is not necessarily the full amount that unique endeavors, and obstacles over- most prudent fashion for essential gov- will be required to complete that study come. Of nearly 11,000 students nation- ernment functions and services. Open and, of course, to reimburse local spon- wide who applied this year, only those and fair consideration of federal ex- sors of the project. who most exemplify these characteris- An earmark of an additional $5 mil- penditures is the cornerstone of main- tics receive the scholarships. Winners lion in the flood control account for taining public confidence in their gov- may use their scholarships for any type construction at the Louisiana State ernment. of post-high school education or train- Penitentiary. Unfortunately, the com- I fully realize the daunting task ing. mittee report sheds no light on what faced by the Appropriations Committee Gold, silver, bronze and merit State type of construction is involved, nor in allocating limited funds among di- Tribute Award scholarships are award- does it provide any justification for an verse, competing interests and prior- ed in three categories of study: Arts increase of $5 million above a request ities. Yet I am disappointed when the and Humanities, Trade and Technical of just $400,000. or Science, Business and Technology. decisions on priorities reflect not na- An additional $2.3 million earmarked Due to her outstanding written state- tional priorities, but parochial and po- in a line item entitled ‘‘Project modi- ment, Andrea received a gold award in litical priorities. fication for improvement of the envi- the category of Trade and Technical As we begin the appropriations sea- ronment’’ for the Lower Hamm Creek, Studies. son with consideration of the FY 1999 Washington, restoration project. This It is no wonder Andrea is one of the Energy/Water Appropriations bill, I am seems to be a start-to-finish sort of recipients of such a competitive award. once again astounded at the volume add-on; the report language states this A member of National Honor Society, and creativity of the shortcuts that the funding is to be used to ‘‘complete student council, a peer mediator, and Congress uses to circumvent the nor- plans and specifications, and initiate captain of the varsity cheerleading mal, merit-based review of spending de- and complete construction’’ of the team at Plymouth Regional High cisions. project. Let’s hope there is not another School in Plymouth, New Hampshire, This bill includes over $920 million add-on next year. Andrea has proven her leadership abili- for hundreds of earmarks in both bill An earmarked add-on of $5 million ties in varying experiences. and report language. These are ear- for the Alaska Power Administration, In addition, she has found the time to marks for projects that are for which no funding was requested. improve the community around her in unrequested, unauthorized, and loca- This entity is in the process of being many ways. In 1995, a self-initiated tion-specific, and that have not been sold to the State of Alaska, but this community service program was begun considered in the appropriate merit- bill requires the taxpayers to spend $5 by Andrea in order to assist underprivi- based review process. It also contains million, in addition to the $2.5 million leged school-age children in obtaining earmarks for vaguely stated projects already spent, to repair or replace a school supplies. This program, entitled for which only a cursory explanation, cable prior to the sale. ‘‘School Collectibles,’’ has been so suc- or none at all, is provided to the Sen- And finally, with all due respect to cessful that it led to Andrea’s receiving ate. my colleague from Alaska, the Chair- a bronze 1997 Prudential Spirit of Com- Mr. President, I prepared a list of ob- man of the Appropriations Committee, munity Award in New Hampshire. In jectionable provisions in this bill, I must question the earmark of $20 mil- order to extend her services beyond the which totalled 19 pages. This list is lion to establish a new commission, state, Andrea paid her own way to available on my website at http:// called the Denali Commission. This Philadelphia to volunteer at St. www.senate.gov/mccain. commission is established to prepare a Francis’ Soup Kitchen for an entire Let me take just a moment to bring comprehensive plan to spur Alaska’s April school vacation. She has long to my colleagues’ attention some of economic growth. I have several con- been involved in theater productions at the most egregious provisions in this cerns about this supposedly temporary school, and has been a dancer for many legislation: commission. Why are all Americans re- years. Andrea’s generosity, leadership An earmark of an additional $3.9 mil- quired to contribute to the preparation skills and talent in theater illustrate lion for maintaining outdoor recre- of this study, which will benefit only only some of the outstanding charac- ation facilities at Ponce de Leon, Flor- Alaska? Will this commission follow teristics that make her a model citizen ida. It is somewhat hard to imagine the same costly footsteps as the Appa- and a well-rounded, motivated person. what types of facilities in a single loca- lachian Regional Commission, which

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6722 CONGRESSIONAL RECORD — SENATE June 19, 1998 was established as a temporary entity Since June of 1983, over 11,000 young It is no wonder Tom is one of the re- and, 30 years later, will receive $67 mil- people from Germany and the U.S. cipients of such a competitive award. A lion more from taxpayers across Amer- have participated in this exchange. member of National Honor Society, ica? Perhaps more importantly, German and currently ranked first in his aca- Mr. President, this is the kind of be- and American families have hosted demic class, Tom is nothing short of a hind-the-scenes sidestepping of the these 11,000 participants, taking them model student for all of his peers. In checks and balances on federal spend- into their homes and communities, addition, he is a member of the Math ing that continues to undermine the forming enduring friendships, and nur- Team, Outing Club and the Cross Coun- public’s trust in their elected officials. turing their ability to see the world try Team at Farmington High School The practice of earmarking projects through another’s eyes. The earliest of in Farmington, New Hampshire. Due to based on parochial, rather than na- these participants are mature adults his stellar academic achievements, tional, interests is one of the principal now, many of them assuming positions Tom participates in University of New reasons the public holds the Congress of leadership in their communities, Hampshire’s ‘‘Project Search,’’ a lec- in low esteem. their horizons forever broadened in ture series designed to allow advanced Ironically, Mr. President, the Com- their youth by their experience in the students across the state meet one an- mittee admonishes the Administration Congress-Bundestag Youth Exchange. other and discuss various topics of im- for ‘‘inappropriate uses of appropria- Citizens like these are the foundation portance. All of the activities in which tions’’ in its report language. Yet, this upon which the close partnership be- Tom participates illustrate his integral bill endorses, in fact, mandates inap- tween Germany and the U.S. ulti- role as a member of his community. propriate spending to the tune of $920 mately rests. As we look forward to I wish to congratulate Tom for all of million. even greater unity among the nations his accomplishments, and especially I had thought that we were making of a Europe that will soon include for being a distinguished recipient of positive progress in eliminating waste- countries once separated by the Iron the Discover Card State Tribute ful and unnecessary spending from the Curtain and we recognize the leading Award. It is an honor to represent Tom legislative process. Unfortunately, the role that Germany plays in that proc- A. Rogers in The United States Sen- earmarks and set-asides in this bill ess, the importance of this partnership ate.∑ greatly exceed the level in last year’s is abundantly clear. The success of the Energy/Water Appropriations bill. Last CBYX program over the past fifteen f year, the Senate earmarked $312 mil- years forms one of the essential ele- lion in its version of the bill. This bill TRIBUTE TO MICHELLE K. FRANKE ments of this bond, and we should do earmarks $920 million, which is nearly OF NEW HAMPSHIRE, 1998 DIS- whatever we can to ensure the pro- three times the amount of earmarks in COVER CARD STATE TRIBUTE gram’s future. last year’s bill. AWARD SCHOLARSHIP RECIPI- Threfore, on the occasion of the fif- Mr. President, is it any wonder that ENT teenth anniversary of this remarkable Americans continue to express a sense ∑ program, I extend very special greet- Mr. SMITH of New Hampshire. Mr. of cynicism about government? President, I rise today to commend Mr. President, I urge my colleagues ings on behalf of the United States Senate to our fellow legislators in the Michelle K. Franke of New Hampshire on both sides of the aisle and in both for receiving the Discover Card State Houses to work harder to curb our German Bundestag. I sincerely hope that the Congress-Bundestag Youth Tribute Award Scholarship for 1998. habit of funneling resources to provin- Established in 1992, the Discover Card cial ventures. Serving the public good Exchange Program continues to strengthen the deep ties of friendship Tribute Award program honors out- must continue to be our mandate, and standing high school juniors and sen- we can only live up to that charge by and understanding between our two peoples.∑ iors across the United States and over- keeping the process free of unfair and seas schools. The Tribute Award Pro- f unnecessary spending that further bur- gram honors excellence in community dens the American taxpayer.∑ TRIBUTE TO TOM A. ROGERS OF service, leadership, special talents, f NEW HAMPSHIRE, 1998 DISCOVER unique endeavors and obstacles over- FIFTEENTH ANNIVERSARY OF THE CARD STATE TRIBUTE AWARD come. Of nearly 11,000 students nation- CONGRESS-BUNDESTAG YOUTH SCHOLARSHIP RECIPIENT wide who applied this year, only those EXCHANGE PROGRAM ∑ Mr. SMITH of New Hampshire. Mr. who most exemplify these characteris- ∑ Mr. LUGAR. Mr. President, it is my President, I rise today to commend tics receive the scholarships. Winners pleasure today to recall that fifteen Tom A. Rogers of New Hampshire for may use their scholarships for any type years ago, the U.S. Congress and the receiving the Discover Card State Trib- of post-high school education or train- Bundestag of the Federal Republic of ute Award Scholarship for 1998. ing. Germany resolved to establish and co- Established in 1992, the Discover Card Gold, silver, bronze and merit State sponsor the Congress-Bundestag Youth Tribute Award program honors out- Tribute Award scholarships are award- Exchange Program (CBYX). This deci- standing high school juniors and sen- ed in three categories of study: Arts sion was in recognition of the long- iors across the United States and over- and Humanities, Trade and Technical standing ties of friendship between the seas schools. The Tribute Award Pro- or Science, Business and Technology. peoples of Germany and the United gram honors excellence in community Due to her outstanding written state- States, in particular the special sense service, leadership, special talents, ment, Michelle received a bronze award of partnership that existed, and still unique endeavors and obstacles over- in the category of Arts and Humanities exists, between our two legislatures, come. Of nearly 11,000 students nation- Studies. and the importance of continuing to wide who applied this year, only those It is no wonder Michelle is one of the build and strengthen that relationship. who most exemplify these characteris- recipients of such a competitive award. Our common aim was to make a last- tics receive the scholarships. Winners Throughout the past three years, ing and substantial contribution to the may use their scholarships for any type Michelle’s activities have included the peace of the world by making it pos- of post-high school education or train- National Honor Society, track team, sible for young people from our two ing. cross country running team, poetry countries, regardless of their means, to Gold, silver, bronze and merit State club and drama club at Kennett High spend a school year abroad, learning Tribute Award scholarships are award- School in Conway, New Hampshire. She about the other country’s culture and ed in three categories of study: Arts has represented her school and commu- way of life through extended first-hand and Humanities, Trade and Technical nity at the Summer Institute for the experience. We recognized then, and we or Science, Business and Technology. Gifted, the Teen Institute, the Teen should reaffirm now, that this kind and Due to his outstanding written state- Leadership Conference and the World quality of people-to-people exchange is ment, Tom received a bronze award in Affairs Seminar. Michelle is also a vol- crucial to building and maintaining un- the category of Science, Business and unteer at the public library and at a derstanding between nations. Technology Studies. local nursing home.

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 19, 1998 CONGRESSIONAL RECORD — SENATE S6723 In addition, Michelle will be trav- illustrated her importance as a model stitution of this great country have eling to Poland this summer for the student and citizen. been the bedrock foundation of the pa- purpose of meeting with Polish teens I wish to congratulate Graziella for triotism of all Americans over time, no and helping them with their English all of her accomplishments, and espe- matter their condition at the time of proficiency. This trip illustrates cially for being a distinguished recipi- its crafting, and no matter how dif- Michelle’s commitment not only to her ent of the Discover Card State Tribute ficult the struggle for equality and re- immediate community, but to all of Award. It is an honor to represent alization of that intent. humanity. Not only is Michelle incred- Graziella G. Matty in The United ‘‘We hold these truths to be self-evi- ibly active within the community, but States Senate.∑ dent, that all men are created equal, that they are endowed by their Creator she has also maintained outstanding f grades, and she is currently ranked sec- with certain unalienable Rights, that ond in her academic class. Michelle UNANIMOUS CONSENT AGREE- among these are Life, Liberty and the continuously shines as a model student MENT—NOMINATION OF SUSAN pursuit of Happiness.’’ and citizen. MOLLWAY The rights so eloquently articulated I wish to congratulate Michelle for in the Declaration defined in the Con- Mr. WARNER. As in executive ses- stitution could only be established, and all of her accomplishments, and espe- sion, I ask unanimous consent that on cially for being a distinguished recipi- later defended, by a strong military. Monday, June 22, at a time determined Our armed forces, indeed all Ameri- ent of the Discover Card State Tribute by the majority leader, after consulta- Award. It is an honor to represent cans, owe a debt of gratitude to Presi- tion with the Democratic leader, the dent Truman, who fifty years ago Michelle K. Franke in the United Senate proceed to executive session for States Senate.∑ strengthened our military and our soci- the consideration of Calendar No. 596, ety by issuing Executive Order No. 9981 f the nomination of Susan Mollway. I thereby integrating the U.S. Armed TRIBUTE TO GRAZIELLA G. further ask unanimous consent there Forces. MATTY OF NEW HAMPSHIRE, 1998 be 2 hours for debate equally divided Americans of African descent were DISCOVER CARD STATE TRIBUTE between the chairman and ranking eager to defend the ideal and the prom- AWARD SCHOLARSHIP RECIPI- member of the Judiciary Committee. I ise of this noble experiment in self-gov- ENT finally ask unanimous consent that fol- ernment from the very beginning. Dur- lowing the conclusion of that time, the ∑ Mr. SMITH of New Hampshire. Mr. ing the Revolutionary War, more than Senate proceed to a vote on the con- President, I rise today to commend 5,000 free blacks fought to establish firmation of the nomination, and fol- Graziella G. Matty of New Hampshire these United States of America. Rhode lowing that vote the President be im- Island had a black battalion, and Afri- for receiving the Discover Card State mediately notified of the Senate’s ac- can-American men and women served Tribute Award Scholarship for 1998. tion, and the Senate then resume legis- Established in 1992, the Discover Card in units from the various states as la- lative session. Tribute Award program honors out- borers, spies, nurses, cavalry, and in- The PRESIDING OFFICER. Without standing high school juniors and sen- fantrymen. During the Civil War, Har- objection, it is so ordered. riet Tubman served as a union spy, a iors across the United States and over- volunteer nurse, and a freedom fighter. seas schools. The Tribute Award Pro- f So often was she in the field, that some gram honors excellence in community 50TH ANNIVERSARY OF THE INTE- soldiers affectionately dubbed her service, leadership, special talents, GRATION OF THE ARMED ‘‘General Tubman.’’ unique endeavors and obstacles over- FORCES In no military conflict were Ameri- come. Of nearly 11,000 students nation- cans of African descent unwilling to wide who applied this year, only those Mr. WARNER. I ask unanimous con- sent that the Senate proceed to the im- offer their very lives to the service of who most exemplify these characteris- their country, no matter the condition tics receive the scholarships. Winners mediate consideration of S. Con. Res. 104 introduced earlier today by Senator of their citizenship. My own grand- may use their scholarships for any type father served in the Army in World of post-high school education or train- MOSELEY-BRAUN. The PRESIDING OFFICER. The War 1, and I have vague recollections of ing. stories of the experiences he had in Gold, silver, bronze and merit State clerk will report. The legislative clerk read as follows: France during that world-shaping cata- Tribute Award scholarships are award- clysm. He left, and returned to an ed in three categories of study: Arts A resolution (S. Con. Res. 104) commemo- America of Jim Crow apartheid, but and Humanities, Trade and Technical rating the 50th anniversary of the Armed Forces. was proud to have done his part to pre- or Science, Business and Technology. serve freedom. His service, and that of Due to her outstanding personal state- There being no objection, the Senate others was founded on their sincere ment, Graziella received a silver award proceeded to consider the resolution. love of America, and their belief in its in the category of Arts and Humanities Ms. MOSELEY-BRAUN. Mr. Presi- ideals. He believed in the Declaration Studies. dent, I am honored today to offer a res- of Intent, and was prepared to give his It is no wonder Graziella is one of the olution that celebrates the 50 year an- life in behalf of its promise. recipients of such a competitive award. niversary of the integration of the U.S. Continuing that tradition, my father As a member of the National Honor So- Armed Forces. This resolution com- served in World War II. Up until World ciety, captain of the Debate Team, and memorates that historic day, July 28, War II, enlistment of Americans of Af- ambassador for the Hugh O’Brian 1948, when this country took a bold new rican descent had been limited, but one Youth Foundation, she has dem- step toward ensuring that our Armed year after Pearl Harbor, there were ap- onstrated her leadership abilities con- Services reflected the tenets of democ- proximately 400,000 African Americans tinuously at Salem High School in racy that this country stands for. in the Army. By the end of the war, Salem, New Hampshire. Graziella has Dr. Martin Luther King once said there were more than 150,000 in the also displayed a marked interest in ar- that the Declaration of Independence Navy. In 1948, Harry Truman moved the chaeology by excelling in an was a Declaration of Intent. By that he Declaration of Intent closer to reality archaeologic methods collegiate level meant that the commitments of that when he integrated the armed forces. course at Plymouth State College, and eternal document, when written, did He made it possible for Americans of she was named the ‘‘New Hampshire not at the time apply to all Americans, color to participate as Americans in Archaeology Rookie of the Year’’ in but only to some of them. Women are defense of the ideal liberty. By Execu- 1997. excluded altogether, native Americans tive Order 9981, he was able to breath In addition, Graziella finds time to and poor had less rights than land- life into the promise of equality, and in participate in the Model UN and play owners, and blacks were counted as so doing gave added honor to the valor soccer for the varsity team. In various three-fifths of a person. And yet, the and commitment of all Americans. facets of her school life and greater vision and the truth of the principles In all branches of the military serv- community, Graziella has successfully set forth in the Declaration and Con- ice, the decision to end the divisions

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6724 CONGRESSIONAL RECORD — SENATE June 19, 1998 based on color and race allowed this Armed Forces with freedom from discrimina- SEC. 2. ESTABLISHMENT OF NAZI WAR CRIMINAL country to tap the talents of 100% of tion within and outside its military commu- RECORDS INTERAGENCY WORKING GROUP. her people, and in so doing, expand and nities; Whereas the efforts of the Armed Forces to (a) DEFINITIONS.—In this section the term— strengthened the pool of talent in de- ensure the equality of treatment and oppor- (1) ‘‘agency’’ has the meaning given such term fense of the liberties of us all. tunity for its members contributed signifi- under section 551 of title 5, United States Code; The audacity of Truman’s decision cantly to the advancement of that goal for (2) ‘‘Interagency Group’’ means the Nazi War and his vision, were controversial at all Americans; Criminal Records Interagency Working Group the time, but the wisdom of it paved Whereas minorities serve today in senior established under subsection (b); the way not only or a winning mili- leadership positions throughout the Armed (3) ‘‘Nazi war criminal records’’ has the mean- Forces, as officers, senior non-commissioned ing given such term under section 3 of this Act; tary, but a nation’s opportunity to live officers, and civilian leaders; and and up to its promise. The valor of many of Whereas the Armed Forces have dem- (4) ‘‘record’’ means a Nazi war criminal those who served was overlooked or onstrated a total and continuing commit- record. downplayed at the time, as the nation ment to ensuring the equality of treatment (b) ESTABLISHMENT OF INTERAGENCY GROUP.— undertook the slow adjustment to the and opportunity for all persons in the Total (1) IN GENERAL.—Not later than 30 days after change Truman encouraged. We are Force, both military and civilian: Now, the date of enactment of this Act, the President therefore, be it shall establish the Nazi War Criminal Records just now, after a Shaw University Resolved by the Senate (the House of Rep- study and the reexamination of some of Interagency Working Group. resentatives concurring), That Congress— (2) MEMBERSHIP.—The President shall appoint their contributions, acknowledging the (1) commends the United States Armed to the Interagency Group the heads of agencies role and heroism of some of those sol- Forces for its efforts, leadership, and success who the President determines will most com- diers. Just last year, the President in providing equality of treatment and op- pletely and effectively carry out the functions of awarded medals of honor to seven portunity; and the Interagency Group within the time limita- (2) recognizes the commemoration by the black Americans for their valor in tions provided in this section. The head of an Department of Defense on July 24, 1998, of agency appointed by the President may des- World War II. the 50th anniversary of the integration of Truman recognized the value of di- ignate an appropriate officer to serve on the the Armed Forces. Interagency Group in lieu of the head of such versity. It lay not only in the singular f agency. talent and contributions of some, but NAZI WAR CRIMES DISCLOSURE (3) INITIAL MEETING.—Not later than 90 days in the collective vigor of the whole. after the date of enactment of this Act, the Our great nation has been forged by ACT Interagency Group shall hold an initial meeting the sacrifice of Americans of every Mr. WARNER. I ask unanimous con- and begin the functions required under this sec- stripe, by the values which define us as sent that the Senate now proceed to tion. one people. The military services have the consideration of Calendar No. 323, (c) FUNCTIONS.—Not later than 1 year after led the country in providing opportuni- S. 1379. the date of enactment of this Act, the Inter- agency Group shall, to the greatest extent pos- ties for excellence, and the defense of The PRESIDING OFFICER. Without objection, it is so ordered. The clerk sible consistent with section 3 of this Act— our country has benefitted from that (1) locate, identify, inventory, recommend for leadership. Excellence and honor, valor will report. declassification, and make available to the pub- and patriotism are values which bring The legislative clerk read as follows: lic at the National Archives and Records Admin- us together as Americans, and shape A bill (S. 1379) to amend section 552 of title istration, all Nazi war criminal records of the our national character. Truman’s deci- V, United States Code and the National Se- United States; curity Act of 1947 to require disclosure under (2) coordinate with agencies and take such ac- sion made us a ‘‘More Perfect Nation’’ the Freedom of Information Act regarding and continues to this day to be a shin- tions as necessary to expedite the release of such certain persons, disclose Nazi war criminal records to the public; and ning example of leadership. records without impairing any investigation (3) submit a report to Congress describing all I urge my colleagues to join me in or prosecution conducted by the Department such records, the disposition of such records, sponsoring this resolution, and in of Justice or certain intelligence matters, and the activities of the Interagency Group and doing so celebrating the diversity of and for other purposes. agencies under this section. our nation’s Armed Forces. There being no objection, the Senate SEC. 3. REQUIREMENT OF DISCLOSURE OF Mr. WARNER. I ask unanimous con- proceeded to consider the bill which RECORDS REGARDING PERSONS sent that the resolution and preamble had been reported from the Committee WHO COMMITTED NAZI WAR CRIMES. (a) NAZI WAR CRIMINAL RECORDS.—For pur- be agreed to en bloc, the motion to re- on the Judiciary, with an amendment poses of this Act, the term ‘‘Nazi war criminal consider be laid upon the table, and to strike all after the enacting clause records’’ means records or portions of records any statements relating to the concur- and inserting in lieu thereof the fol- that— rent resolution be printed in the lowing: (1) pertain to the activities of any person with RECORD at the appropriate place as if øSEC. 4. EXPEDITED PROCESSING OF REQUESTS respect to which the United States Government, read. FOR NAZI WAR CRIMINAL RECORDS. in its sole discretion, has grounds to believe— ø The PRESIDING OFFICER. Without (a) DEFINITIONS.—In this section, the (A) occurred, during the period beginning on term— objection, it is so ordered. March 23, 1933, and ending on May 8, 1945, ø(1) ‘‘Nazi war criminal record’’ has the under the direction of, or in association with— The resolution was agreed to. meaning given the term under section (i) the Nazi government of Germany; The preamble was agreed to. 552(h)(1) of title 5, United States Code (as (ii) any government in any area occupied by The resolution (S. Con. Res. 104), added by section 2(a)(2) of this Act); and the military forces of the Nazi government of with its preamble, reads as follows: ø(2) ‘‘requester’’ means any person who was Germany; Whereas 50 years ago on July 28, 1948, persecuted in the manner described under (iii) any government established with the as- President Truman issued Executive Order section 552(h)(1)(A) of title 5, United States sistance or cooperation of the Nazi government No. 9981 that stated that it is essential that Code (as added by section 2(a)(2) of this Act), of Germany; or there be maintained in the Armed Services who requests a Nazi war criminal record. (iv) any government which was an ally of the of the United States the highest standards of ø(b) EXPEDITED PROCESSING.—For purposes Nazi government of Germany; and democracy, with equality of treatment and of expedited processing under section (B) involved the ordering, incitement, assist- opportunity for all those who serve in our 552(a)(6)(E) of title 5, United States Code, ance, or other participation in the persecution country’s defense; any requester of a Nazi war criminal record of any person because of race, religion, national Whereas President Truman declared that shall be deemed to have a compelling need origin, or political opinion; or there shall be equality of treatment and op- for such record. (2) pertain to any transaction as to which the portunity for all persons in the Armed Serv- øSEC. 5. EFFECTIVE DATE. United States Government, in its sole discretion, ices without regard to race, color, religion, øThe amendments made by this Act shall has grounds to believe— or national origin; apply to requests under section 552 of title 5, (A) involved assets taken from persecuted per- Whereas soon after the Executive order United States Code (known as Freedom of In- sons during the period beginning on March 23, was issued American soldiers fighting in formation Act requests) received by an agen- 1933, and ending on May 8, 1945, by, under the Korea led the way to a fully integrated cy after the expiration of the 90-day period direction of, on behalf of, or under authority Army; beginning on the date of enactment of this granted by the Nazi government of Germany or Whereas after the enactment of the Civil Act.¿ any nation then allied with that government; Rights Act of 1964, the Armed Forces re- SECTION 1. SHORT TITLE. and solved to implement the legislation as a new This Act may be cited as the ‘‘Nazi War (B) such transaction was completed without opportunity to provide all members of the Crimes Disclosure Act’’. the assent of the owners of those assets or their

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00084 Fmt 4624 Sfmt 6333 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 19, 1998 CONGRESSIONAL RECORD — SENATE S6725 heirs or assigns or other legitimate representa- a Nazi war criminal record shall be deemed to (3) submit a report to Congress, including tives. have a compelling need for such record. the Committee on the Judiciary of the Sen- (b) RELEASE OF RECORDS.— (b) REQUESTER.—For purposes of this section, ate and the Committee on Government Re- (1) IN GENERAL.—Subject to paragraphs (2), the term ‘‘requester’’ means any person who was form and Oversight of the House of Rep- (3), and (4), the Nazi War Criminal Records persecuted in the manner described under sec- resentatives, describing all such records, the Interagency Working Group shall release in tion 3(a)(1)(B) of this Act who requests a Nazi disposition of such records, and the activi- their entirety Nazi war criminal records that are war criminal record. ties of the Interagency Group and agencies described in subsection (a). SEC. 5. EFFECTIVE DATE. under this section. (2) EXCEPTION FOR PRIVACY, ETC.—An agency This Act and the amendments made by this head may exempt from release under paragraph Act shall take effect on the date that is 90 days (d) FUNDING.—There are authorized to be (1) specific information, that would— after the date of enactment of this Act. appropriated such sums as may be necessary to carry out the provisions of this Act. (A) constitute a clearly unwarranted invasion AMENDMENT NO. 2782 of personal privacy; Mr. WARNER. Senator DEWINE and SEC. 3. REQUIREMENT OF DISCLOSURE OF (B) reveal the identity of a confidential RECORDS REGARDING PERSONS human source, or reveal information about the Senator LEAHY have a substitute amendment at the desk. I ask for its WHO COMMITTED NAZI WAR application of an intelligence source or method, CRIMES. or reveal the identity of a human intelligence consideration. source when the unauthorized disclosure of that The PRESIDING OFFICER. The (a) NAZI WAR CRIMINAL RECORDS.—For pur- source would clearly and demonstrably damage clerk will report. poses of this Act, the term ‘‘Nazi war crimi- the national security interests of the United The legislative clerk read as follows: nal records’’ means classified records or por- States; The Senator from Virginia [Mr. WARNER], tions of records that— (C) reveal information that would assist in the for Mr. DEWINE, for himself and Mr. LEAHY, (1) pertain to any person with respect to development or use of weapons of mass destruc- proposes an amendment numbered 2782. whom the United States Government, in its tion; The amendment is as follows: sole discretion, has grounds to believe or- (D) reveal information that would impair dered, incited, assisted, or otherwise partici- Strike all after the enacting clause and in- United States cryptologic systems or activities; pated in the persecution of any person be- sert the following: (E) reveal information that would impair the cause of race, religion, national origin, or po- application of state-of-the-art technology within SECTION 1. SHORT TITLE. litical opinion, during the period beginning This Act may be cited as the ‘‘Nazi War a United States weapon system; on March 23, 1933, and ending on May 8, 1945, Crimes Disclosure Act’’. (F) reveal actual United States military war under the direction of, or in association plans that remain in effect; SEC. 2. ESTABLISHMENT OF NAZI WAR CRIMINAL with— (G) reveal information that would seriously RECORDS INTERAGENCY WORKING (A) the Nazi government of Germany; and demonstrably impair relations between the GROUP. (B) any government in any area occupied United States and a foreign government, or seri- (a) DEFINITIONS.—In this section the term— by the military forces of the Nazi govern- ously and demonstrably undermine ongoing dip- (1) ‘‘agency’’ has the meaning given such ment of Germany; lomatic activities of the United States; term under section 551 of title 5, United (H) reveal information that would clearly and States Code; (C) any government established with the demonstrably impair the current ability of (2) ‘‘Interagency Group’’ means the Nazi assistance or cooperation of the Nazi govern- United States Government officials to protect War Criminal Records Interagency Working ment of Germany; or the President, Vice President, and other officials Group established under subsection (b); (D) any government which was an ally of for whom protection services, in the interest of (3) ‘‘Nazi war criminal records’’ has the the Nazi government of Germany; or national security, are authorized; meaning given such term under section 3 of (2) pertain to any transaction as to which (I) reveal information that would seriously this Act; and the United States Government, in its sole and demonstrably impair current national secu- (4) ‘‘record’’ means a Nazi war criminal discretion, has grounds to believe— rity emergency preparedness plans; or record. (A) involved assets taken from persecuted (J) violate a statute, treaty, or international (b) ESTABLISHMENT OF INTERAGENCY persons during the period beginning on agreement. GROUP.— March 23, 1933, and ending on May 8, 1945, by, (3) APPLICATION OF EXEMPTIONS.—In applying (1) IN GENERAL.—Not later than 60 days under the direction of, on behalf of, or under the exemptions listed in subparagraphs (B) after the date of enactment of this Act, the authority granted by the Nazi government of through (J) of paragraph (2), there shall be a President shall establish the Nazi War Crimi- Germany or any nation then allied with that presumption that the public interest in the re- nal Records Interagency Working Group, government; and lease of Nazi war criminal records will be served which shall remain in existence for 3 years (B) such transaction was completed with- by disclosure and release of the records. Asser- after the date the Interagency Group is es- out the assent of the owners of those assets tion of such exemption may only be made when tablished. or their heirs or assigns or other legitimate the agency head determines that disclosure and (2) MEMBERSHIP.—The President shall ap- representatives. release would be harmful to a specific interest point to the Interagency Group individuals (b) RELEASE OF RECORDS.— identified in the exemption. An agency head whom the President determines will most (1) IN GENERAL.—Subject to paragraphs (2), completely and effectively carry out the who makes such a determination shall promptly (3), and (4), the Nazi War Criminal Records report it to the committees of Congress with ap- functions of the Interagency Group within the time limitations provided in this section, Interagency Working Group shall release in propriate jurisdiction, including the Senate their entirety Nazi war criminal records that Committee on the Judiciary. including the Director of the Holocaust Mu- are described in subsection (a). (4) LIMITATION ON APPLICATION.—This sub- seum, the Historian of the Department of (2) EXCEPTION FOR PRIVACY, ETC.—An agen- section shall not apply to records— State, the Archivist of the United States, cy head may exempt from release under (A) related to or supporting any active or in- the head of any other agency the President paragraph (1) specific information, that active investigation, inquiry, or prosecution by considers appropriate, and no more than 3 would— the Office of Special Investigations of the De- other persons. The head of an agency ap- (A) constitute a clearly unwarranted inva- partment of Justice; or pointed by the President may designate an (B) solely in the possession, custody, or con- appropriate officer to serve on the Inter- sion of personal privacy; trol of that office. agency Group in lieu of the head of such (B) reveal the identity of a confidential (c) INAPPLICABILITY OF NATIONAL SECURITY agency. human source, or reveal information about ACT OF 1947 EXEMPTION.—Section 701 of the Na- (3) INITIAL MEETING.—Not later than 90 the application of an intelligence source or tional Security Act of 1947 (50 U.S.C. 431) is days after the date of enactment of this Act, method, or reveal the identity of a human amended— the Interagency Group shall hold an initial intelligence source when the unauthorized (1) by redesignating subsections (e) and (f) as meeting and begin the functions required disclosure of that source would clearly and subsections (f) and (g), respectively; and under this section. demonstrably damage the national security (2) by inserting after subsection (d) the fol- (c) FUNCTIONS.—Not later than 1 year after interests of the United States; lowing: the date of enactment of this Act, the Inter- (C) reveal information that would assist in ‘‘(e) Subsection (a) shall not apply to any agency Group shall, to the greatest extent the development or use of weapons of mass operational file, or any portion of any oper- possible consistent with section 3 of this destruction; ational file, that constitutes a Nazi war criminal Act— (D) reveal information that would impair record under section 3 of the Nazi War Crimes (1) locate, identify, inventory, recommend United States cryptologic systems or activi- Disclosure Act.’’. for declassification, and make available to ties; SEC. 4. EXPEDITED PROCESSING OF FOIA RE- the public at the National Archives and (E) reveal information that would impair QUESTS FOR NAZI WAR CRIMINAL Records Administration, all classified Nazi the application of state-of-the-art tech- RECORDS. war criminal records of the United States; nology within a United States weapon sys- (a) EXPEDITED PROCESSING.—For purposes of (2) coordinate with agencies and take such tem; expedited processing under section 552(a)(6)(E) actions as necessary to expedite the release (F) reveal actual United States military of title 5, United States Code, any requester of of such records to the public; and war plans that remain in effect;

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6726 CONGRESSIONAL RECORD — SENATE June 19, 1998 (G) reveal information that would seri- my colleagues on November 5 of last the gas chambers. These pictures were ously and demonstrably impair relations be- year. Our Judiciary Committee Chair- discovered by photo analysts from the tween the United States and a foreign gov- man, Senator HATCH, and the Ranking Central Intelligence Agency in 1978. ernment, or seriously and demonstrably un- Member, Senator LEAHY, strongly sup- They confirm what we had heard from dermine ongoing diplomatic activities of the the Polish underground that a ‘‘death United States; port this bill. Indeed, I want to thank (H) reveal information that would clearly Senator LEAHY and his staff for their camp’’ did in fact exist at Auschwitz. and demonstrably impair the current ability tireless work in helping to bring this They also demonstrated that our gov- of United States Government officials to pro- legislation to the floor. As an author- ernment had photographs of these tect the President, Vice President, and other ity on the Freedom of Information Act, camps as these atrocities were occur- officials for whom protection services, in the or ‘‘FOIA’’ (pronounced FOYA), Sen- ring. interest of national security, are authorized; ator LEAHY has made very useful sug- These pictures tell a grisly story. (I) reveal information that would seriously gestions that I have incorporated into How many more such pictures or docu- and demonstrably impair current national the substitute. These changes satisfy ments exist? With the legislation be- security emergency preparedness plans; or fore us, we intend to answer that ques- (J) violate a treaty or international agree- privacy concerns raised by FOIA and Privacy Act professionals. Finally, I tion. ment. Both Congress and the President (3) APPLICATION OF EXEMPTIONS.— want to underscore that we would not have taken action to promote the re- (A) IN GENERAL.—In applying the exemp- be here today without Senator MOY- lease of government-held records dur- tions listed in subparagraphs (B) through (J) NIHAN and his staff. He has brought to ing this tragic era. On April 17, 1995, of paragraph (2), there shall be a presump- our work the unique insights on the the President issued an executive order tion that the public interest in the release of classification system that he gained as Nazi war criminal records will be served by calling for the release of national secu- disclosure and release of the records. Asser- chairman of the Commission on Pro- rity data and information older than 25 tion of such exemption may only be made tecting and Reducing Government Se- years. Late in the 104th Congress, when the agency head determines that dis- crecy Classification. thanks to the tireless efforts of my closure and release would be harmful to a The Nazi War Crimes Disclosure Act friend from New York, Senator MOY- specific interest identified in the exemption. represents what I hope will be the cul- NIHAN, and Representative CAROLYN An agency head who makes such a deter- mination of work begun in the last MALONEY and several others, we passed mination shall promptly report it to the Congress to release U.S. government- committees of Congress with appropriate ju- a sense of the Congress resolution, held records of Nazi war criminals, the which stated that all U.S. Government risdiction, including the Committee on the Nazi Holocaust and the trafficking of Judiciary of the Senate and the Committee agencies should make public any on Government Reform and Oversight of the Nazi-held assets. records in its possession about individ- Just two years ago, we celebrated the House of Representatives. The exemptions uals who are alleged to have com- 50th anniversary of the end of the Sec- set forth in paragraph (2) shall constitute mitted Nazi war crimes. The President the only authority pursuant to which an ond World War, and with it, the end of agreed, noting that learning the re- agency head may exempt records otherwise the Nazis’ death grip on an entire con- maining secrets about the Holocaust is subject to release under paragraph (1). tinent. Since that time, searingly de- (B) APPLICATION OF TITLE 5.—A determina- clearly in the public interest. tailed accounts of the Nazi Holocaust The Nazi War Crimes Disclosure Act tion by an agency head to apply an exemp- have provided more and more evidence tion listed in subparagraphs (B) through (I) is designed to put the concerns ex- of paragraph (2) shall be subject to the same of the true magnitude of the atrocities pressed by the last Congress into standard of review that applies in the case of that were committed. strong action. First, the bill would records withheld under section 552(b)(1) of We have learned so much. Yet, if the allow for expedited processing of FOIA title 5, United States Code. last few years are any indication, we requests of survivors of Nazi persecu- (4) LIMITATION ON APPLICATION.—This sub- still have a great deal more to learn. tion. These individuals are growing section shall not apply to records— After the fall of communist rule, older every day, and the time remain- (A) related to or supporting any active or Russia and several former Soviet-bloc ing for them to obtain answers to the inactive investigation, inquiry, or prosecu- nations opened volumes of secret files tion by the Office of Special Investigations questions that have troubled them for on Nazi war crimes. Argentina has co- five decades will soon come to an end. of the Department of Justice; or operated in the public release of its (B) solely in the possession, custody, or We owe it to those who suffered—and control of that office. files. British government records are to those who seek to prevent future (c) INAPPLICABILITY OF NATIONAL SECURITY being declassified and made available genocides—to disclose fully and com- ACT OF 1947 EXEMPTION.—Section 701(a) of for public scrutiny. And over the pletely all the records in the United the National Security Act of 1947 (50 U.S.C. course of last year, Swiss banks and States on this issue. 431) shall not apply to any operational file, the Swiss government have been under Second, the bill would establish the or any portion of any operational file, that intense international pressure to make Nazi War Criminal Records Inter- constitutes a Nazi war criminal record under a full accounting of unclaimed funds section 3 of this Act. agency Working Group. This Working belonging to Holocaust victims, as well Group would to the greatest extent SEC. 4. EXPEDITED PROCESSING OF FOIA RE- QUESTS FOR NAZI WAR CRIMINAL as Nazi assets that may have once be- possible locate, identify, inventory, de- RECORDS. longed to Holocaust victims. classify and make available for the (a) EXPEDITED PROCESSING.—For purposes Mr. President, here at home, our own public all Nazi war records held by the of expedited processing under section government has been gradually making United States. This means that all ma- 552(a)(6)(E) of title 5, United States Code, records available about what it knew of terials would be required to be released any requester of a Nazi war criminal record Nazi-related activities and atrocities. in their entirety unless a Federal agen- shall be deemed to have a compelling need Last year, a government-conducted cy head concludes that the release of for such record. study revealed new information about (b) REQUESTER.—For purposes of this sec- all or part of these records would com- tion, the term ‘‘requester’’ means any person what the U.S. Government knew re- promise privacy or national security who was persecuted in the manner described garding the transfer and flow of funds interests. The agency head must notify under section 3(a)(1) of this Act who requests held by Nazi officials. This report Congress of any determination to not a Nazi war criminal record. found that the U.S. government was release records. Thus, we in the Senate SEC. 5. EFFECTIVE DATE. aware that the Nazi mint took gold would be in a position to review the This Act and the amendments made by stolen from European central banks material being withheld to ensure that this Act shall take effect on the date that is and melted it together with gold ob- it was being done for valid reasons con- 90 days after the date of enactment of this tained in horrible fashion—gold ob- sistent with this legislation. Act. tained from tooth-fillings, wedding The Director of the Holocaust Mu- Mr. DEWINE. Mr. President, I am bands and other items seized from seum, the Archivist of the United very pleased that the Senate is about death-camp victims. States, and the Historian of the De- to pass S. 1379, the Nazi War Crimes Mr. Chairman, the photos I have on partment of State are specifically ap- Disclosure Act. I introduced this legis- display are several aerial U.S. intel- pointed to sit on the task force because lation along with my friend from New ligence photographs taken in 1944 of of their unique expertise on this sub- York, Senator MOYNIHAN, and fifteen of Auschwitz, with prisoners being led to ject. Further, to help the interagency

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 19, 1998 CONGRESSIONAL RECORD — SENATE S6727 group complete its task, the President from one to three years in recognition step in the search to unfold the events is authorized to appoint the head of of the fact that there are extensive of the holocaust by adopting the Nazi any other Agency and up to three addi- document holdings that must be re- War Crimes Disclosure Act. This bill tional people with expertise on this viewed. The bulk of this work should requires the disclosure of classified in- subject who can assist with the identi- be done in the first year. The three formation, currently held by the fication and disclosure of relevant doc- year life of the Working Group cannot United States government, regarding uments. become an excuse to proceed slowly. individuals who participated in Nazi This pro-active search is necessary, This bill not only addresses the acts war crimes, and stolen assets of the because a full government search and of Nazi War Criminals, but also ad- victims of Nazi war crimes. The bill inventory has never been completed. dresses those who transferred, sold or also requires a government-wide search For example, some documents that sur- otherwise disposed of assets involun- of records to ensure the release of as faced this spring were found among tarily taken from persecuted persons many relevant documents as possible. materials related to Southeast Asia. by, under the direction of, or on behalf Researchers seeking information on Our bill is targeted toward two class- of, or under the authority of the former Nazi war criminals and the assets of es of Nazi-related materials: First, war Nazi Government of Germany or any their victims will have unprecedented crimes information regarding Nazi per- nation then allied with that govern- access to relevant materials in the pos- secutions; and two, any information re- ment. session of the United States govern- lated to transactions involving assets This bill is a bipartisan effort to en- ment, which until now have remained of Holocaust and other Nazi victims. sure the Federal Government has done classified. It is my view that these doc- In summary, what we are trying to all it can to ensure Holocaust victims uments have been held far too long. do with this bill is strike a clear bal- and their families can obtain the an- ance among our government’s legiti- Well beyond the time when their dis- mate national security interests, the swers they need. closure might have posed a threat to The clock is running, and time is legitimate privacy interests of individ- national security—if indeed such dis- uals, and the people’s desire to know running out for so many victims of the closure ever did. the truth about Nazi atrocities. These Holocaust. They, and history itself, de- While reviewing relevant material records, once released, will be held in a serve to know as much as possible for declassification, officials will be re- repository at the National Archives. about this tragic chapter in the story quired to maintain a strong presump- Let me enumerate several changes of humanity. tion that relevant material should be which we have made since the bill was I thank my colleagues for their declassified. This is based on the ‘‘bal- unanimously reported out by the full strong support for this legislation. ancing test’’ included in the bill which Judiciary Committee last March: Mr. HATCH. Mr. President, as an presumes that the public interest in Section 3(b)3(B) was revised to make original cosponsor of S. 1379, the Nazi the release of Holocaust records out- clear that the standard of judicial def- War Crimes Disclosure Act, I am very weighs the damage to national security erence currently accorded to agency pleased that the Senate is about to that might reasonably be expected to classification decisions under exemp- pass this important piece of legisla- result from disclosure. This provision tion (b)(1) of the FOIA applies to ex- tion. I congratulate Senator DEWINE is in keeping with the Report of the emption decisions rendered by Heads of and Senator LEAHY for their bipartisan Commission on Protecting and Reduc- Agency’s making a withholding deci- effort in drafting a bill which addresses ing Government Secrecy which rec- sion under Section 3(b). As the Com- the legitimate concerns of federal ommended that such a balancing test mittee of Conference recognized when agencies which will be subject to this be applied in all classification deci- exemption (b)(1) was amended in 1974, legislation, while at the same time en- sions. executive departments responsible for suring that the original intent and pur- With the passing of time it becomes national defense and foreign policy pose of the law is carried out. Passage ever more important to document Nazi matters have unique insights into what of the Nazi War Crimes Disclosure Act war crimes, lest the enormity of those possible adverse effects might occur as will facilitate the speedy gathering and crimes be lost to history. The greater a result of public disclosure of a par- release of documents in the possession access which this legislation provides ticular classified record. Accordingly, of the government which relate to the will add clarity to this subject. I ap- it is expected that federal courts, in re- persecution of, and theft of assets plaud those researchers who continue viewing a decision by an Agency head from, the many millions of victims of to pursue this important work. Those that disclosure and release of a Nazi Nazi atrocities. who suffered from the Holocaust are War Record would be harmful to a spe- Our government has an obligation to reaching the end of their life-span. We cific interest identified in an exemp- locate, and make public, documents in owe it to them to make available as tion herein, will accord substantial the government’s possession which much information about that terrible weight to an agency’s affidavit or other shed light on Nazi war criminals, their period as possible. This is our solemn submission concerning the record in nefarious allies, and their crimes. Over task. question. the fifty-three years since the defeat of Mr. LEAHY. Mr. President, I am Records held by the Office of Special Germany and its cohorts, and the dis- pleased that the Senate is passing this Investigations (OSI) of the Department covery of the atrocities committed in important legislation, the ‘‘Nazi War of Justice are specifically exempted. the name of Naziism, we have learned a Crimes Disclosure Act,’’ S. 1379. Last Nonetheless, because of the substantial great deal about the organization, op- year, Congress passed a resolution call- expertise at OSI, it can reasonably be eration, and financial structure of that ing upon federal agencies to make pub- expected that OSI will be asked to as- regime. However, recent revelations lic any records in their possession sist with the review of records held by concerning the acts of certain Swiss about individuals who are alleged to other agencies. OSI is currently en- banks in the laundering of Holocaust have committed Nazi war crimes. I gaged in an effort to close ongoing in- victims’ assets show us how much more agree with the original sponsors of this vestigations and prosecutions of al- there is to learn. bill, Senators MOYNIHAN, DEWINE, leged war criminals. Thus, to ensure By passing this bill, we are providing KOHL, D’AMATO, DODD and HATCH, who that the high priority investigations a means of access to information that said in a Dear Colleague letter in Octo- continue and all relevant documents will be of invaluable assistance in pro- ber, 1997, that this bill ‘‘would put last found during the search are quickly re- viding answers to those seeking to year’s words into action.’’ viewed for declassification, my col- learn about the past. But just as im- The substitute amendment we con- leagues and I have asked the Appro- portantly, by studying that informa- sider today requires creation of an priations Committee to provide a small tion and learning the lessons of his- interagency working group to collect increase of $2 million in OSI’s budget tory, we can help ensure that such ac- and release classified Nazi war crime to enable the staff to take on and com- tions will never be repeated in the fu- records within one year, and gives Nazi plete both of these tasks. ture. war crime victims expedited access to Section 2(b)(1) has been revised to ex- Mr. MOYNIHAN. Mr. President, these records under the Freedom of In- tend the life of the interagency group today the Senate takes an important formation Act (FOIA). These victims

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6728 CONGRESSIONAL RECORD — SENATE June 19, 1998 are growing older and we should ensure ligence agencies, press associations and assets taken without their consent or that if they are interested in seeing others who use the FOIA regularly, as the consent of their heirs. Determina- these records, their requests should be well as those who have a personal tion of the classified records that fall honored as speedily as possible. stake and interest in full disclosure of within the scope of the bill is given to I first became aware of this bill when Nazi War crime records. the ‘‘sole discretion’’ of the agencies in I testified in June 1996 at a hearing be- The bill calls for the Nazi War Crimi- possession of the records. fore the House Government Reform and nal Records Interagency Working The original bill would have amended Oversight Committee (GRO). That Group to be created by the President the FOIA with a new section of Nazi hearing focused on my Electronic FOIA shortly after enactment and authorizes war crime records containing ten amendments, which were enacted later this Group to operate for three years. newly-created exemptions separate that year, and the Nazi War Crimes The Working Group will include as from those under the current FOIA. I Disclosure Act, H.R. 1281, which had members the Director of the Holocaust have spent many years fighting for been introduced by that Committee’s Museum, the Historian of the Depart- more openness in government. I was Ranking Member, Representative ment of State, the Archivist of the very concerned that creating these new CAROLYN MALONEY. United States, and heads of agencies exemptions might set a dangerous Moving oral testimony and written selected by the President. In addition, precedent—though entirely uninten- statements were presented at that the President may select from the pri- tional on the part of the original spon- hearing about the need for full disclo- vate sector up to three other persons sors—of expanding FOIA exemptions. sure by federal agencies about what whom he considers appropriate to as- At a minimum, these new exemptions our government knew, and when, about sist in completely and effectively car- would have created confusion about Nazi atrocities and the criminals who rying out the functions of the Inter- how the current FOIA exemptions were committed those atrocities. Rabbi agency Group. to be interpreted and applied. These Marvin Hier (the Dean and Founder of The Interagency Group is tasked concerns about the new exemptions the Simon Wiesenthal Center), the under the bill with locating, identi- have been resolved by taking the work Jewish Community Relations Council, fying, inventorying, recommending for of the Interagency Group out of the the Anti-Defamation League, the Or- declassification and making available FOIA and making its activities the thodox Union, the American Jewish to the public at the National Archives subject of a free standing law. Committee, and others, committed to and Records Administration all classi- The Interagency Group is required to teaching the lessons of the Holocaust fied Nazi War criminal records in the release the classified Nazi war criminal expressed their strong support for full possession of federal agencies, and sub- records covered by the bill in their en- disclosure of Nazi war crime records. mit to Congress, including to the Sen- tirety, subject to ten enumerated ex- War Crimes Disclosure Act, Health In- ate Committee on the Judiciary and emptions. The first exemption in sec- formation Privacy Protection Act, and the House Committee on GRO, a report tion 3(b)(2)(A) of the bill is for records S. 1090, Electronic Freedom of Informa- describing its activities. While the bill or parts thereof that ‘‘constitute a tion Improvement Act of 1995: Hearing requires that these tasks be completed clearly unwarranted invasion of per- on H.R. 1281 and S. 1090 before the within one year, the Interagency Group sonal privacy.’’ This is the same stand- Subcomm. on Government Manage- is authorized for a full three years in ard used in the sixth exemption of the ment, Information, and Technology of the event that certain of these tasks Freedom of Information Act (FOIA, 5 the House Comm. on Government Re- require additional time. The bill also U.S.C. 552(b)(6)). In the FOIA context, form and Oversight, 104th Cong., 2d authorizes the appropriation of any the phrase enunciates a policy of a bal- Sess. 17–30 (1996). necessary funds. ancing of interests between the protec- To the extent that records pertaining The original Senate bill defined the tion of an individual’s private affairs to Nazi war criminals remain classified records of suspected Nazis subject to from unnecessary public scrutiny, and over fifty years since the end of the disclosure so broadly that it could con- the preservation of the public’s right to war, we should take action to disclose ceivably have covered many irrelevant government records. Committee re- those records. No Nazi war criminal records, such as social security records, ports underlying the original FOIA of should be protected by government se- medical records or tax records, even 1966 indicate that the exemption is to crecy rules. This is what happened with though such records may have had protect ‘‘intimate’’ or ‘‘personal’’ de- government records pertaining to Kurt nothing to do with the person’s pos- tails in files such as those maintained Waldheim: the Central Intelligence sible activities as a Nazi. This raised by the Veterans Administration (now Agency withheld critical information certain privacy issues as well as con- the Department of Veterans Affairs), from researchers about Waldheim’s col- cerns about the burden on federal agen- the Department of Health, Education, laboration with the Nazis, even as cies to collect, review and disclose and Welfare (now the Department of other government agencies were plac- records, which had no bearing on the Health and Human Services and the ing him on the list of individuals for- person’s activities as a Nazi or our gov- Department of Education), and the Se- bidden to enter our country because of ernment’s knowledge of that person’s lective Service System. As with the suspected war crimes. Moreover, an ex- war crimes. other FOIA exemptions, the personal tensive Justice Department report on The Manager’s amendment addresses privacy exception in the FOIA is per- Waldheim completed in 1987 was then these concerns by limiting the records missively applied, and it has come to kept secret for six long years, before subject to disclosure to classified Nazi be understood that the balancing of in- Attorney General Reno, in response to war criminal records and retaining an terests tilts in favor of disclosure. a FOIA lawsuit, released the document exemption for those records, or parts Transferring the FOIA experience to in 1994. The United States government thereof, that would ‘‘constitute a clear- the use of the same phrase in exemp- should not help Nazi war criminals ly unwarranted invasion of personal tion (A) of the Nazi War Crimes Disclo- keep their past crimes secret. This bill privacy.’’ sure Act, it is the intent that the same is an important step to ensure our gov- The bill now defines ‘‘Nazi war crimi- balancing of interests—between the ernment does not. nal records’’ as those classified records protection of an individual’s private af- Senator DEWINE and I worked closely or portions of records pertaining to fairs from unnecessary public scrutiny on a substitute amendment to this bill persons who, from March 23, 1933 and the preservation of the public’s that was offered in the Judiciary Com- through May 8, 1945, under the direc- right to government records—occur mittee and favorably reported on tion or in association with the Nazis when the disclosure of Nazi war crimi- March 5, 1998, with the unanimous ordered, incited, assisted or otherwise nal records is under consideration. The backing of Committee Members. Fur- participated in the persecution of any exemption may be used to protect inti- ther refinements to the bill are re- person on account of their race, reli- mate or personal details, such as an in- flected in the Manager’s amendment gion, national origin or political opin- dividual’s medical history, marital sta- considered by the Senate today to ad- ion, as well as to any transaction in- tus, legitimacy of children, family dress the legitimate concerns raised by volving the assets of those persecuted fights or domestic affairs, and sexual the Department of Justice, our intel- persons when the transaction involved inclination or associations. While the

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 19, 1998 CONGRESSIONAL RECORD — SENATE S6729 right to privacy of deceased persons is scribed standards to govern elements of ment of Justice, and others, at the not entirely settled, we expect the De- classification and declassification in original House hearing on this bill in partment of Justice and other agencies other contexts, including the Atomic 1996. This bill addresses those concerns to follow the majority rule that death Energy Act of 1954, the National Secu- and will do nothing to undermine the extinguishes a person’s privacy rights. rity Act of 1947, and the Assassination critical work of this section. Moreover, Indeed, I note that ‘‘[t]he Department Records Collection Act of 1992, which Senators DEWINE and I, and others, of Justice has long followed this rule as the 1997 Report explains ‘‘established have requested that funding for OSI be a matter of policy.’’ U.S. Dep’t of Jus- broad standards for the declassification increased to ensure adequate personnel tice, Freedom of Information Act of records concerning the assassination are available to handle any increased Guide & Privacy Act Overview, Sep- of President Kennedy.’’ workload due to the passage of this leg- tember 1997. ‘‘The classification . . . systems are islation. Thus, the personal privacy exemption no longer trusted by many inside and While the number of arrests of sus- in the bill is to be permissively applied, outside the Government.’’ 1997 Report, pected Nazi war criminals may be and the balancing of interests tilts in at page XXI. This is particularly true dwindling, some are still on the loose, favor of disclosure. with respect to classified Nazi war as we so dramatically witnessed by the Likewise, the balancing of the other crimes records since, at least in the arrest in Germany just a few short Nazi War Crimes Disclosure Act ex- case of Kurt Waldheim, government se- months ago, in March 1998, of a man emptions tilts in favor of disclosure. crecy rules were used to shield what identified in news reports as Alfons Section 3(b)(3)(A) of the bill states our government knew about his Nazi Goetzfried. This suspected Nazi war that, in applying exemptions (B) collaboration from public view for too criminal was a former low-ranking Ge- through (J), ‘‘there shall be a presump- many years. I agree with the comment stapo officer who apparently acknowl- tion that the public interest in the re- in the 1997 Report that ‘‘by allowing for edged in prior statements personally lease of Nazi war criminal records will a fuller understanding of the past, shooting to death 500 people, including be served by disclosure and release of [greater openness] provides opportuni- women and children, at a death camp the records.’’ The bill conditions exer- ties to learn lessons from what has in Poland in November 1943. The work cise of all the exemptions, including gone before—making it easier to re- of the OSI continues to be of vital im- the privacy exemption in section solve issues concerning the Govern- portance. 3(b)(2)(A), by an agency head on a de- ment’s past actions and helping pre- Judicial review of agency determina- termination that the disclosure and re- pare for the future.’’ tions to apply the exemptions and the lease would be harmful to a specific in- The bill makes clear, in section operations of the Interagency Group terest identified in the exemption. To 3(b)(3)(A), that the enumerated exemp- will be available under the Administra- facilitate oversight of this legislation, tions shall constitute the only author- tive Procedure Act. We appreciate, an agency head who makes this deter- ity whereby an agency head may ex- however, that executive agencies re- mination is required to report the ap- empt records subject to this Act from sponsible for national defense and for- plication of the exemption promptly to release. This provision clarifies legisla- eign policy matters have unique in- the appropriate Committees of the tive intent that, in the case of Nazi war sights into the adverse effects that Congress, including the Senate Com- criminal records only, no other protec- might occur as a result of the inappro- mittee on the Judiciary and the House tive authority is controlling except the priate public disclosure of a particular Committee on GRO. enumerated exemptions. Thus, the ex- classified record. Accordingly, we ex- The original bill contained a pre- emptions in section 3(b)(2) take prece- pect that federal courts, in reviewing sumption that public disclosure of the dence over the protective provisions of determinations by agency heads that Nazi war crime records outweighs na- statutes such as the Privacy Act (5 disclosure and release of a record cov- tional security interests. The Depart- U.S.C. 552a), the National Security Act ered by this bill would be harmful to a ment of Justice questioned whether of 1947 (50 U.S.C. 403–3(c)(6)), and the specific interest identified in an ex- this provision, and others, raised sepa- Central Intelligence Agency Act (50 emption, will accord substantial ration of powers concerns by encroach- U.S.C. 403g). Indeed, section 3(c) of the weight to the agency’s affidavit or ing on the Presidential prerogative to bill, expressly waives the operational other submission concerning the status decide what records and information file exemption contained in section 701 of the disputed record. Indeed, the bill should be classified to protect national of the National Security Act of 1947. makes this expectation explicit in sec- security. The presumption was modi- The amendment also eliminates the ap- tion 3(b)(3)(B), which states that in ap- fied during Committee consideration of plication of the exemptions of the plying the exemptions in paragraphs the bill simply to make clear that the Freedom of Information Act (5 U.S.C. (3)(b)(2)(B) through (I) dealing with public interest would be served by dis- 552(b)(1)–(9)); it also overrides the pri- specific national defense and foreign closure and release of the subject vacy protections of all other statues, in policy information, the standard of re- records. favor of the privacy exemption set view is the same as applied to the with- The bill does not provide a blanket forth in section 3(b)(2)(A). These waiv- holding of records under the FOIA for exemption for classified material, but ers of other statutory protections and, properly classified matters. instead lists a number of particular na- most particularly those waivers of the Finally, section 4 of the bill provides tional security concerns that could National Security Act provisions, rec- for the expedited processing of FOIA warrant nondisclosure. The Justice De- ognize the extraordinary and unique requests for Nazi war criminal records partment may continue to have con- nature of the Nazi war criminal by any Holocaust victims, as provided stitutional separation of powers con- records. These records warrant this in section 552(a)(6)(E) of title 5, United cerns that the bill substitutes congres- special treatment so that the United States Code. We expect that any with- sional rules for the President’s execu- States may lead and fully participate holding of requested records due to tive order on the classification of docu- in the growing international movement their classified nature, under section ments. This would be unfortunate and to open to public scrutiny official (b)(1) of the FOIA, will be highly lim- unjustified. records on the conduct of particular ited once the Working Group has been The 1997 Report of the Commission governments and institutions during able to perform its work. on Protecting and Reducing Govern- World War II. It has been a pleasure to work with ment Secrecy Classification (hereafter, In addition to the enumerated ex- Senator DEWINE on this matter in the the ‘‘1997 Report’’), at page 15, notes emptions, the bill exempts from disclo- Judiciary Committee, and with Sen- that the security classification system sure the records of the Office of Special ator MOYNIHAN and others on reaching is ‘‘an area in which the President and Investigations (OSI) of the Department a consensus on this important bill. the Congress ‘may have concurrent au- of Justice, which continues to inves- This legislation is long overdue, and I thority, or in which its distribution is tigate, prosecute and extradite sus- urge its prompt enactment. uncertain,’’ citing Youngstown Sheet & pected Nazi war criminals. Concerns Mr. WARNER. I ask unanimous con- Tube Co. v. Sawyer, 343 U.S. 579, 637 about the impact of this bill on the sent the amendment be agreed to, the (1952). Moreover, Congress has pre- work of OSI were raised by the Depart- bill be considered read a third time and

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6730 CONGRESSIONAL RECORD — SENATE June 19, 1998 passed, the motion to reconsider be rendering any other form of assistance the Coverdell education bill, and any laid upon the table, and that any state- not prohibited by the laws of the Re- other legislative or executive items ments relating to the bill appear in the quested State. that may be cleared for action. RECORD. I recommend that the Senate give f The PRESIDING OFFICER. Without early and favorable consideration to objection, it is so ordered. the Treaty and give its advice and con- ORDER FOR ADJOURNMENT The Amendment (No. 2782) was sent to ratification. Mr. WARNER. Mr. President, if there agreed to. WILLIAM J. CLINTON. is no further business to come before The committee substitute, as amend- THE WHITE HOUSE, June 19, 1998. the Senate, I now ask unanimous con- ed, was agreed to. Mr. WARNER. Mr. President, that sent that the Senate stand in adjourn- The bill (S. 1379), as amended, was concludes the matters on behalf of the ment under the previous order fol- considered read the third time and distinguished majority leader and the lowing the remarks of our distin- passed. Democratic leader. Therefore, the guished colleague, Senator DORGAN, for f Chair, I am sure, will soon recognize up to 15 minutes. the distinguished Senator from North The PRESIDING OFFICER. Without REMOVAL OF INJUNCTION OF Dakota for purposes of a presentation objection, it is so ordered. SECRECY to the Senate for a period not to exceed The Chair recognizes the Senator Mr. WARNER. Mr. President, as in 15 minutes. from North Dakota. executive session, I ask unanimous f f consent that the injunction of secrecy be removed from the following treaty ORDERS FOR MONDAY, JUNE 22, SOLID FARM POLICY transmitted to the Senate on June 19, 1998 Mr. DORGAN. Mr. President, I had 1998, by the President of the United Mr. WARNER. I ask unanimous con- not intended to come to the floor to States: sent that when the Senate completes make a few comments today until I Treaty With Estonia on Mutual its business today, it stand in adjourn- read a story about a press conference Legal Assistance in Criminal Matters ment until 12 noon on Monday, June 22. that was held in the Senate here yes- (Treaty Document No. 105–52). I further ask that on Monday, imme- terday by some Senators about farm The PRESIDING OFFICER. Without diately following the prayer, the rou- policy. A group of Senators held a press objection, it is so ordered. tine requests through the morning conference on farm policy of this coun- Mr. WARNER. I further ask that the hour be granted and the Senate then try and said, ‘‘We’ve got a good, solid treaty be considered as having been resume consideration of S. 2057, the De- farm policy. The problem is not the read the first time, that it be referred partment of Defense authorization bill. farm bill. The problem is the farm bill with accompanying papers to the Com- I now ask unanimous consent that at is not being implemented properly.’’ mittee on Foreign Relations and or- 3 p.m. on Monday, the Senate proceed We have a good, solid farm policy? dered to be printed, and that the Presi- as under the previous order into execu- Are they kidding? What planet are dent’s message be printed in the tive session for the consideration of they living on if they think we have a RECORD. Executive Calendar No. 596. good, solid farm policy? What we have The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without is a new farm policy written by people objection, it is so ordered. objection, it is so ordered. who don’t know much about farming The message of the President is as f and it is called the Agricultural Mar- follows: ket Transition Act, and what it is To the Senate of the United States: PROGRAM transitioning is family farmers With a view to receiving the advice Mr. WARNER. For the information of straight out of business. and consent of the Senate to ratifica- all Senators, the Senate will reconvene Farm families are going broke in our tion, I transmit herewith the Treaty on Monday at 12 noon and resume the State in record numbers. In fact, there Between the Government of the United defense authorization bill. It is hoped are more auction sales of family farm- States of America and the Government that Members will come to the floor to ers this year than ever before, and they of the Republic of Estonia on Mutual offer and debate amendments on the have had so many auction sales of fam- Legal Assistance in Criminal Matters, defense bill under short time agree- ily farmers in North Dakota that they signed at Washington on April 2, 1998. I ments. As ordered, at 3 o’clock, the have had to call auctioneers out of re- transmit also, for the information of Senate will begin 2 hours of debate on tirement to handle the sales. the Senate, the report of the Depart- the nomination of Susan Mollway to be There is a lot more than statistics ment of State with respect to the Trea- a U.S. district judge. It is expected about losing these farmers. Farmers ty. that the first vote of Monday’s session plant a seed in the spring and then The Treaty is one of a series of mod- will occur at 5 p.m. on the confirma- hope it will grow. They hope it doesn’t ern mutual legal assistance treaties tion of that nomination. hail and insects don’t come and the being negotiated by the United States The Senate may have an additional crop doesn’t get diseased. And if it does in order to counter criminal activity rollcall vote on Monday on or in rela- come above the ground and then even- more effectively. The Treaty should be tion to a pending amendment to the de- tually if they escape all those weather an effective tool to assist in the pros- fense authorization bill. Therefore, the disasters, they harvest in the fall and ecution of a wide variety of crimes, in- next rollcall votes will occur at 5 p.m. they hope maybe they will get a decent cluding ‘‘white-collar’’ crime and drug- on Monday, June 22. price for their crop. trafficking offenses. The Treaty is self- As a reminder to all Members, a clo- These families struggle hard, they executing. ture motion was filed today to the DOD work hard and they risk everything The Treaty provides for a broad bill. The cloture vote will occur on they have. Guess what? This current range of cooperation in criminal mat- Tuesday, June 23, hopefully before 12 farm policy is a mess. We have prices ters. Mutual assistance available under noon. Under rule XXII, Senators have that are in the tank for grain, and fam- the Treaty includes: taking the testi- until 1 p.m. on Monday to file first-de- ily farmers out there, who are raising mony or statements of persons; pro- gree amendments. grain and trying to take it to the mar- viding documents, records, and articles The majority leader would like to re- ket these days, discover that they have of evidence; locating or identifying per- mind all Members that the Independ- lost their shirts. And then we have peo- sons or items; serving documents; ence Day recess is fast approaching. ple saying that we have a good, solid transferring persons in custody for tes- Cooperation of all Members will be nec- farm policy. timony or other purposes; executing re- essary for the Senate to complete work I had a farm meeting in North Da- quests for searches and seizures; assist- on many important items, including kota and a fellow stood up. He was a ing in proceedings related to immo- the defense authorization bill, the ap- big rugged fellow, kind of a husky bilization and forfeiture of assets, res- propriations bills, the Higher Edu- build. He had kind of a black beard. He titution, and collection of fines; and cation Act, the conference report on stood up and he started speaking. He

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 19, 1998 CONGRESSIONAL RECORD — SENATE S6731 said, ‘‘My granddad farmed, my dad tics. North Dakota’s net farm income surplus goes to a huge deficit, $15 bil- farmed, and I farmed for 23 years.’’ dropped 98 percent for family farmers. lion deficit. It doesn’t look like that is Then he got tears in his eyes and his That is 98 percent. They virtually lost progress to me. chin began to quiver, and he said, ‘‘The all of their income. What has happened Do you want to see how the Mexican problem is, I can’t continue anymore.’’ to those family farmers out there trade agreement works? Look at it That is more than just losing a busi- struggling with grain prices that are through the eye of a potato. Try to ness. That is losing their life’s dream. terrible, and with weather problems? take a potato across the Mexican bor- And, now, we have people who say we The price of a tractor goes up, as you der, a raw potato. You can’t do that have a good, solid farm policy. can see. The price of a combine goes very easily, but you can see french I didn’t vote for this previous farm up. The price of fertilizer goes up. The fries coming north. Or how about a bill that was passed a couple of years price of diesel fuel goes up. So their in- bean? How about a bean going across ago. There were people involved in come goes down, way down, and all the the Mexican border? Do you think we writing that who wouldn’t know a prices they pay for their input go up. can export unlimited quantities of dairy cow from a Dairy Queen. The fact Then what has happened to the folks beans? I am sorry, no, our negotiator is, they don’t know much about farm- who take that grain and do something said no, we don’t care much about ing. I would counsel them, if they with it? Bread profits, the price of a beans. think it is a good farm policy: Go buy bushel of wheat goes from $5.50 to $3. What about beer? Do you like Mexi- yourself a farm. Go buy yourself a Do you think you see lower bread can beer? You can buy plenty of it in farm, take your suit off and gas up the prices in the grocery store? You don’t. the United States. You like American tractor and plant a crop. Then risk What happens is the profits for the beer, in Mexico? I am sorry, you will your money and hope all summer you folks who are making bread go right have great trouble finding it because are able to harvest, and when you do, here. our negotiators, in my judgment, did These folks who constructed the farm then truck it to the elevator and sell it an incompetent job in negotiating the policy that we have in this country for $3 a bushel after you put $5 a bushel trade agreement with Canada and Mex- today called this ‘‘Market Transition into raising it. ico. Then add up your bank balance, and Act’’; that is, transitioning family And, yes, GATT. When I say the then ask yourself if you think it is farmers right off the family farm. They GATT agreement, do you know a ship good farm policy? Ask yourself, after said, ‘‘We don’t need a price support pulled up at a dock in Stockton, CA, a anymore for family farmers. Let them you have lost your shirt and lost your few weeks ago loaded with European take their own risks, and if the market suit and lost your savings, ask yourself barley. This was feed barley, which in price for grain is dropping, too bad. whether you think it is a good farm fact is not worth very much, probably Tough luck.’’ So they set up a cir- policy. a couple of dollars a bushel or less— Of course it is not a good farm policy. cumstance where you end up having no subsidized by $1.10 a bushel by the Eu- The fact is, the little guy is going deficiency payments. They put, in- ropeans, shipped into this country stead, a declining payment, which at broke; the big guys are getting rich. I where we already have a surplus of bar- the end of 7 years phases out and goes am talking about the folks who take ley, and guess what, it was legal. It was to zero. legal under GATT. You can do that the product off the farm and they haul It is interesting, at the press con- it and they process it. They take that under the trade agreement our nego- ference yesterday that was held by tiators negotiated, you can ship in bar- grain and they puff it and they crisp it, some Senators, they said the problem ley with a subsidy that is almost 50 they do everything with it. The miller is we cannot retreat. The rest of the percent of the market price of the and grocery manufacturers and every- world is not going to retreat. The fact product. Who are these people kidding? body else are all making money. But it is, in much of the rest of the world Do we want to send negotiators out is the person out there who is trying to they understand family farmers are im- to negotiate more of these agreements, run a family farm who is not doing portant and they have policies that try and they are going to help our country? well. to support and help family farmers and I don’t think so. I find it interesting, the people who keep them on the farm. It is this coun- The fact is, the people who held a do not seem to care much about that try that has decided, as a matter of press conference yesterday and said are the same people around here who policy by the majority party in this this farm policy works just fine don’t bellow every day about being Congress, that family farmers really have the foggiest idea of what is going profamily. Nobody in politics in this don’t matter very much. Oh, giant on on the family farm. They say, town is profamily if they are not will- agrifactories will farm the land from ‘‘Well, let’s go to fast track and have ing to stand up and be profamily farm- California to Maine, I suppose. They more of this trade.’’ All that has done er, in my judgment. don’t seem to care who farms the land, is set you back. I am for opening for- Let me show a chart that dem- because they think family farmers eign markets and forcing opportunities onstrates part of the problem in my don’t matter. to market more of our grain overseas, State, the State of North Dakota. This They say, ‘‘We can fix all this. First but that is not what is happening with area here, the red area, means that of all, the policy is sound, and we can our trade agreements. these folks have had a disaster declara- fix it. We will fix it with fast track, I find it interesting. They said one of tion every single year for 5 years in a fast track trade authority.’’ the ways that will solve this farm prob- row, weather related. One third of our Gosh, there is a new idea. Fast track lem is farmers’ savings accounts. Oh, counties, you can’t do much about trade authority. We send an American yeah? Where are the farmers going to that. That is not a family farm’s fault. trade negotiator up to Canada to nego- get the savings? If you are able to raise These are weather-related disasters, 5 tiate with Canada; send him to Mexico wheat and lose $2 a bushel for selling years in a row, every year. The orange to negotiate with Mexico; send him to it, you are going to get a lot of savings, one-half our counties is 4 out of 5; the Geneva to negotiate GATT. We had an so we are going to produce farmers’ yellow two-thirds of our counties have $11 billion trade deficit with Canada savings accounts. had disasters 3 out of 5 years. and we negotiated with them and it Maybe the people who held the press In addition to having the weather went from an $11 billion deficit to a $23 conference will be able to tell farmers problem—here is what has happened to billion deficit. Does anybody think where they are going to get savings, the price of wheat. It has fallen like an that is going to help family farmers? when the price for wheat is in the tank, elevator, straight down. The price of And, incidentally, the trade deficit and when they pulled the rug out from wheat was up here when the Freedom with Canada is exacerbated by a flood under family farmers saying they don’t to Farm bill or the Market Transition of Canadian grain coming to our bor- need a safety net. They said, in effect, Act was passed. Here is the price of der, undercutting our grain. It is un- we don’t care if there are family farm- wheat now at a five-year low. fairly subsidized. Nobody seems to be ers left in this country. Here is what happened to net income willing to do much about it. What we need to do, Mr. President, is to North Dakota farmers, according to We have a $2 billion surplus with to reestablish a safety net and recog- the U.S. Department of Labor statis- Mexico, negotiate a treaty, and the nize that this transition program

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6732 CONGRESSIONAL RECORD — SENATE June 19, 1998 doesn’t make any sense. Yes, farmers the livestock industry, the railroads, fine; if it doesn’t, tough luck, because ought to have all the planning flexi- the big packing plants, and in all the we believe in the free market. bility in the world. This Congress areas where concentration exists. All There is no free market in agri- ought to decide that family farmers that concentration squeezes down on culture. What an absurd contention. matter, and we ought to do as Europe family farmers and takes potential There has never been a free market in and others do and decide there ought to profits away from family farmers. agriculture and will not be a free mar- be some basic support mechanism for Finally, those who talk about trade, ket. Our farmers are asked to compete family farming. We have a minimum it seems to me ought to spend their not just against European farmers, wage for lower-income working folks, time not talking about going to some they are asked to compete against Eu- but we say to the family out there on sort of fast track where the record has ropean farmers and the European Gov- the farm, ‘‘You’re on your own. Oh, you been a disaster for this country and for ernments. Our farmers are asked to sell can try and market your beef to big our producers and, yes, especially for in circumstances where our trade nego- packing plants’’—where four of them our farmers. They ought to talk about tiators negotiate agreements and you control almost 85 percent of the beef sanctions. can’t get enough T-bone steak into packing and they have a fist around We don’t like Cuba, so we say we are Tokyo. the neck of the bottle. They say to the going to have sanctions against Cuba. Did you know that T-bone steaks are farmer and rancher, ‘‘You go ahead and We don’t like Libya, so we have sanc- roughly $30 a pound into Tokyo? Do market up in that direction and the big tions against Libya. We don’t like Iraq, you know why? Because we can’t get packing plants are going to tell you so we’re going to have sanctions enough beef into Japan. Why can’t we? what you’re going to get, and if you against Iraq. We don’t like Iran, so Because their market is closed. We are don’t like what you get, tough luck; we’re going to have sanctions against getting more than we used to. you’re out of business.’’ Iran. India and Pakistan detonate nu- We have a $50 to $60 billion trade def- Or people raising wheat or barley, we clear devices, so we’re going to have icit with Japan, but we still don’t get say, ‘‘You can market with the grain sanctions against those countries. enough beef into Japan. We don’t get companies. They have an iron fist Ten percent of the markets in the enough wheat into China. I can stand around the neck of the bottle where world are off limits to farmers. These here all day and talk about the prob- you are going to market, and if you sanctions have something to do with lems we impose on family farmers to don’t like the price, tough luck; you’re national security decisions. The de- interrupt their markets because of in- out of business.’’ fense authorization bill deals with na- competent trade negotiators and unen- The fact is, when we get an industry tional security. It seems to me if you forced trade agreements. We negotiate or a big special interest in this country are taking markets away from family an agreement and we forget about it in that has a headache, you have a dozen farmers, you ought to pay them for it. a month. They were bad agreements to people in the Senate rushing to see if Why should family farmers lose mar- start with, and they are rarely en- they can’t pat their pillow and give kets and be told, ‘‘Well, you’re going to forced, if at all. I am just saying that them aspirin and help them take a nap. contribute now to our national secu- the economic all-stars in this country The big interests in this country rity interest because we are taking this are its family farmers. If this Congress have plenty of friends around here. It’s market away from you; yes, your price doesn’t decide that broad-based eco- just the little guy who is left in the is going to go down, and, yes, you are nomic ownership matters in this coun- dust. You have family farmers who going to lose money. Be a good Amer- try, then it will have made a very large don’t have a lot of money. They don’t ican; you accept the cost.’’ mistake. have a lot of clout. They are not like In virtually every other area in this I am standing on this side of the the tobacco industry. They are not able country, we do something about that. aisle. So that means I am a Democrat. to spend $50 million or $100 million If it were big business, we would come That is how I came to Congress. I ran worth of advertising on their issue. The in with a big policy to reimburse them. for the U.S. Senate as a Democrat, and tobacco industry this week was able to You don’t think when the big exporters I believe in the Jeffersonian strain of turn back this tobacco bill because lose money that they are not reim- the Democratic Party, and its support they were able to advertise all across bursed? It is interesting to me that vir- for broadly-based economic ownership. this country. tually every time something happens We believe that the broad-based eco- What about the issue of stopping teen that causes a substantial disruption in nomic ownership provides the guar- smoking. Well, the tobacco industry part of our economy, somebody is here antee of economic freedom and, there- won; kids lost. The tobacco industry saying we ought to do something about fore, the guarantee of ultimate polit- had money, kids didn’t. If you’re a big it, but there is not much discussion ical freedoms in this country. I think interest, you have big money, and you about family farmers, and I really re- that is a very, very important issue. can find plenty of folks to care about gret that. I have come to the floor of the Sen- your interest in the Congress. I know some people say, ‘‘Well, this ate recently talking about concentra- The question is, Will there be enough country is New York and Los Angeles tion in this country. Every day you people caring about the interests of and a few big airports in between, and hear about a new merger, when two family farmers in the coming weeks to what you fly over and look out at is huge behemoth American corporations decide we are going to intervene and just rural territory.’’ Food doesn’t decide to get married. We didn’t even try to save a network of family farms come from a plastic bottle; food know they were dating or having secret in this country? We ought to resurrect doesn’t come from a package. It comes, discussions. All of a sudden, we dis- the safety net. There ought to be at in most cases, from the land, and the cover they have taken out a marriage least some sort of marketing loan that rural people in this country. These are license. They love each other. What gives farmers a decent price if they people who come from my home area in they love is the profits. don’t get it from the marketplace. I Hettinger County, ND, who decided Now we have bank after bank, tele- much sooner they get it from the mar- long ago they love the land and they communications companies—you name ketplace, but if it is not there, farmers want to live on the land. They want to it—they are all marrying up. The big- need some help. They ought to get raise their children on the land, and ger the better. The free market in this some indemnity payments for the crop they have 500, 800, or 1,000 acres. They country and the market system in this diseases that have been pervasive in have risked everything they have and country works only when you have my State and other States. The crop everything they own to try to make a broad-based ownership and robust com- disease is called scab. We ought to have living. Yet, we come along with this petition. Concentration means less a Crop Insurance Program that works, farm policy that says we are different competition. and if it doesn’t work, let’s make it from Europe, from Japan or other Family farmers, individuals all work. countries. We have a policy that across this country turn on the yard We ought to have something in place doesn’t care whether family farmers light at night, worship at their local that starts to do something about mar- continue to exist. Our policy says if the church, and try to send their kids to ket concentration. Yes, let’s look into marketplace gives them a decent price, school, and do a good job, and make a

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 19, 1998 CONGRESSIONAL RECORD — SENATE S6733 little profit on the farm. All that those sociated Press farm writer, referenced Thereupon, the Senate, at 3:20 p.m., family farmers ask is to participate in a press conference yesterday. To all of adjourned until Monday, June 22, 1998, a market system that works. Almost in those who attended the press con- at 12 noon. every instance they discover that all ference yesterday, telling us that we their input costs are increased by the have a good solid farm policy, I say f largest corporations in the land that nonsense; this farm policy is a miser- produce these products. And when they able failure. Anybody here who cares NOMINATIONS go to market with the products they about family farmers as I do, and any- raise, they discover is worth very, very body here who cares whether we have Executive nominations received by little. When they try to market it up family farmers in this country’s future the Senate June 19, 1998: through an income stream, they find ought to be coming to the floor of this IN THE AIR FORCE that if they are marketing a cow or a Senate and helping us change this farm THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- hog, they are marketing through pack- policy to one that really provides some CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE ing plants that are too concentrated to help to families who are struggling in AND RESPONSIBILITY UNDER TITLE 10 U.S.C., SECTION have what is called a ‘‘free market.’’ this country, trying to run their family 601: And the same is true with grain. farms. To be lieutenant general So, Mr. President, in the coming Mr. President, I yield the floor. LT. GEN. ROGER G. DEKOK, 0000. week or so, you are going to see a lot f DEPARTMENT OF HOUSING AND URBAN of activity on this issue. Our family DEVELOPMENT ADJOURNMENT UNTIL MONDAY, farmers deserve the same kind of inter- SAUL N. RAMIREZ, JR., OF TEXAS, TO BE DEPUTY SEC- est, in their long-term economic JUNE 22, 1998 RETARY OF HOUSING AND URBAN DEVELOPMENT, VICE DWIGHT P. ROBINSON, RESIGNED. health, as the large special interests The PRESIDING OFFICER. Under DEPARTMENT OF STATE get here on the floor of the Senate. the previous order, the Senate stands The piece that I referenced at the adjourned until 12 noon, Monday, June ERIC DAVID NEWSOM, OF VIRGINIA, TO BE AN ASSIST- ANT SECRETARY OF STATE, VICE THOMAS E. MCNA- start, written by Curt Anderson, an As- 22, 1998. MARA, RESIGNED.

VerDate Mar 15 2010 03:18 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00093 Fmt 4624 Sfmt 9801 E:\1998SENATE\S19JN8.REC S19JN8 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 19, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1173 EXTENSIONS OF REMARKS

IN HONOR OF RALPH J. PERK livering the evening paper. At age twelve he nursery school at Janes United Methodist began selling ice door to door. During the De- Church. He attended both public and private HON. DENNIS J. KUCINICH pression of the 40s when he was still selling schools in Brooklyn before earning a Master of OF OHIO ice, Perk routinely extended credit to poor Divinity Degree from Yale Divinity School in families. ``If we don't give them ice, their chil- June 1973. HON. JOHN A. BOEHNER dren's milk will spoil,'' Perk would say. So, in- Since Reverend Simpson's tenure at Janes OF OHIO stead of making one-hundred dollars a week, United Methodist Church, active membership HON. SHERROD BROWN he made twelve. That generosity and heart, has tripled. Many positive programs have paid rich dividends when Perk entered politics. been implemented. The Church's Community OF OHIO Every election, the families he helped during Outreach has included a tutorial program, the HON. STEVE CHABOT the depression became the nucleus of Perk's Senior Citizens' Friendship Club, the Voter OF OHIO campaigns. Their loyalty could not have been Registration and Information Project, the bought at any price. From those humble be- Meals-on-Wheels Program for the home- HON. PAUL E. GILLMOR ginnings, Ralph Perk rose to serve five terms bound elderly or disabled in the community, OF OHIO on the Cleveland City Council and nine years and ``God's Sheltering Arms,'' Janes' ministry as county auditor. to the homeless who inhabit public places. HON. TONY P. HALL In 1971 Ralph Perk was elected the 51st OF OHIO Reverend Simpson's greatest challenge Mayor of Cleveland. He was not bound by came in 1984, when a fire destroyed Janes HON. DAVID L. HOBSON party label. Rather, he achieved his popularity Church. With his dynamic leadership, Rev- OF OHIO by following public service rather than party erend Simpson led his congregation through HON. MARCY KAPTUR politics. His motto was simple: Do hard work, this crisis. With his hard work and dedication, keep in touch with the people, and serve hon- the new Janes Church was build and con- OF OHIO estly. He did all three. secrated in April 1991. As Mayor, he deeply cared for those whom HON. JOHN R. KASICH Mr. Speaker, I ask you to join me in saluting he represented. He secured hundreds of mil- OF OHIO Reverend Robert O. Simpson on the occasion lions of dollars from the federal government to of his 25th Pastoral Anniversary at Janes improve the city. And despite high inflation HON. STEVE C. LaTOURETTE United Methodist Church. OF OHIO and a recession, Mayor Perk delivered quality basic city services to the neighborhoods of f HON. ROBERT W. NEY Cleveland. OF OHIO Although he achieved high office in his city, TRIBUTE TO THE BRONX-LEBANON HON. MICHAEL G. OXLEY Ralph Perk never forgot his humble begin- HOSPITAL CENTER AND THE nings and continued to help others. He under- OF OHIO AIDS RESEARCH COMMUNITY AD- stood people and their needs; but more impor- VISORY BOARD HON. ROB PORTMAN tant, he truly cared. He helped organize the di- OF OHIO verse ethnic community and imbued it with a common pride in Cleveland. He was the HON. JOSE´ E. SERRANO HON. DEBORAH PRYCE founder of the Nationality Movement in Cleve- OF NEW YORK OF OHIO land; and a driving force behind the recogni- IN THE HOUSE OF REPRESENTATIVES HON. RALPH REGULA tion of the rights and cultural heritage of ethnic American in the United States. He served on Friday, June 19, 1998 OF OHIO numerous civic and fraternal organizations in- Mr. SERRANO. Mr. Speaker, I rise today to HON. THOMAS C. SAWYER cluding, The Citizens League, The Council on pay tribute to the Bronx-Lebanon Hospital OF OHIO Human Relations and The Knights of Colum- Center and the AIDS Research Community bus. Advisory Board for their commitment to fight- HON. LOUIS STOKES My fellow colleagues, Ralph Perk does not OF OHIO ing AIDS and preventing the spreading of the seek our praise. He is far above it. Rather, I deadly HIV. On Saturday, June 20, they will HON. TED STRICKLAND ask you to join me in recognizing him for his hold a prevention fair, Safety Jam, for adoles- many contributions. For if we learn from his OF OHIO cents and adults at the Claremont Neighbor- dedication, we will all be better public serv- hood Center in the South Bronx. HON. JAMES A. TRAFICANT, JR. ants. Safety Jam will feature informative edu- f OF OHIO cational presentations and workshops on IN THE HOUSE OF REPRESENTATIVES HONORING REVEREND ROBERT O. issues related to health and HIV prevention. Friday, June 19, 1998 SIMPSON’S 25TH PASTORAL AN- Fun, food, live multicultural entertainment, and Mr. KUCINICH. Mr. Speaker, I along with NIVERSARY free raffles will be provided throughout the my colleagues from Ohio, Messrs. BOEHNER, day, helping to draw people to the fair. BROWN, CHABOT, GILLMOR, HALL, HOBSON, Ms. HON. EDOLPHUS TOWNS It is a privilege for me to represent the 16th KAPTUR, Messrs. KASICH, LATOURETTE, NEY, OF NEW YORK district of New York, where the Bronx-Lebanon Hospital Center is located. I have witnessed OXLEY, PORTMAN, Ms. PRYCE, Messrs. REG- IN THE HOUSE OF REPRESENTATIVES ULA, SAWYER, STOKES, STRICKLAND, and TRAFI- first-hand the exemplary work they are doing Friday, June 19, 1998 CANT rise to salute an extraordinary public for our community and I am deeply impressed. servant, Ralph J. Perk. He has devoted his life Mr. TOWNS. Mr. Speaker, I rise today to Mr. Speaker, I hope my colleagues will join to helping others and is beloved by the people honor Reverend Robert O. Simpson's 25th me in honoring the physicians, nurses, case- of Cleveland, the people of Ohio, and people Pastoral Anniversary at Janes United Meth- workers, administrators, clerical workers, and throughout the world. odist Church, Brooklyn, New York. all of the other caregivers and support staff of Born under the shadow of the steel mill Reverend Robert O. Simpson assumed re- the Bronx-Lebanon Hospital Center and the smokestacks of Cleveland, Ralph Perk was sponsibilities as Pastor of Janes United Meth- AIDS Research Community Advisory Board for raised in poverty. At age 7, he began his day odist Church in July 1973. Reverend Simp- their outstanding efforts at this important mile- delivering the morning paper and ended it de- son's formal education began, ironically, in a stone, and in wishing them continued success.

∑ 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. E1174 CONGRESSIONAL RECORD — Extensions of Remarks June 19, 1998 TRIBUTE TO FREDERICK C. JONES, and 90th Precincts, as well as the Criminal My favorite American hero represents the SR. Justice Bureau. He has served as the Com- heart of our country, because he is the com- manding Officer of the 5th and 70th Precincts mon American. When called to serve, he is always ready and willing to protect his coun- HON. JAMES E. CLYBURN and 72nd Precinct Detective squad. Before try by fighting in strange and foreign lands OF SOUTH CAROLINA joining the New York City Police Department, far away from home, away from friends and IN THE HOUSE OF REPRESENTATIVES Assistant Chief Brennan received a Bachelor family with no assurance that he would ever of Science Degree from John Jay College. return to them. Nevertheless, it was impor- Friday, June 19, 1998 Throughout his career, Assistant Chief Bren- tant for him to go to ensure that the free- Mr. CLYBURN. Mr. Speaker, I rise today to nan has been supported by his wife, Monica, dom of America would be preserved. pay tribute to my friend Frederick C. Jones, for 35 years. They are the proud parents of six My favorite American hero is visited by many people each year. They are always Sr. as he is retiring from state government. children: Maureen, Tara Ann, Martin, Dermott, quiet and reverent in his presence. Flowers He most recently was the Project Supervisor John and Patrick. are often presented to him. The visitors of Vocational Rehabilitation Services at South Mr. Speaker, Brooklyn has encountered come from all across America, and many Carolina State Hospital. His duties included many problems involving the police within the shed a few tears as they leave because he coordinating and implementing Vocational Re- last five years. Some very dramatic cases may be their hero, too. It is the common habilitation services for seriously mentally ill have received national attention. We must all thread that links and unites all Americans. patients within inpatient and community based Because he is a true hero, he is the most strive to maintain a balanced perspective and likely to come to my mind. Symbolically, he mental health programs. He has been involved continue to understand that the great majority stands for all the freedom fighters we have in Vocational Rehabilitation for much of his ca- of our police officers are productive and dedi- today in America. His efforts have allowed reer, along with work with juveniles. cated citizens. From the ranks of law enforce- me and all Americans to continue to exercise Mr. Jones is a life member of National Re- ment we also repeatedly see the emergence all rights as a citizen of the United States. habilitation Association, a member of Profes- of outstanding leaders like this one. Assistant He has helped to preserve my life, my lib- sional Staff Association, SCVR, a member of Chief Patrick D. Brennan is an outstanding erties, and my pursuit of happiness. the Action Council for Cross Cultural Studies, I hope by now that everyone who reads POINT-OF-LIGHT whose career can inspire all this, knows that my favorite American hero chairman of the Membership Committee of Americans. is the ‘‘Unknown Soldier.’’ It matters not Capital City Club, and a member of St. John f that he does not have a specific name. What Baptist Church, in Hopkins South Carolina. He matters is that he stands for every soldier is best known to Columbians and South Caro- CONGRATULATING REGINAL RYAN who has ever fought to keep our nation free. linians as the manager of the ``Friends Band'' FOR HIS AWARD-WINNING This gift is the greatest gift America can re- and for the musical accompanyment of his AMVET ESSAY ‘‘MY FAVORITE ceive—the gift of freedom. I hope someday I lovely wife Bunny. AMERICAN HERO’’ get to pay my respects at the Tomb of the Unknown Soldier. Mr. Speaker, I ask you to join with me in wishing my friend Frederick C. Jones, Sr. a HON. CHET EDWARDS f fulfilling retirement. OF TEXAS SALUTING OLD GLORY: OUR FLAG f IN THE HOUSE OF REPRESENTATIVES AND ITS DEFENDERS ASSISTANT CHIEF PATRICK D. Friday, June 19, 1998 HON. JAMES E. ROGAN BRENNAN: A POINT-OF-LIGHT Mr. EDWARDS. Mr. Speaker, I rise today to OF CALIFORNIA FOR ALL AMERICANS recognize and congratulate an exceptional IN THE HOUSE OF REPRESENTATIVES young man, Reginal Ryan of Itasca, Texas, HON. MAJOR R. OWENS which is in my 11th Congressional District. Friday, June 19, 1998 OF NEW YORK Reginal recently won the AMVET's American- Mr. ROGAN. Mr. Speaker, this past Sunday, IN THE HOUSE OF REPRESENTATIVES ism state level competition for ninth graders my family and I joined millions across the Friday, June 19, 1998 with a strong and moving essay entitled ``My country to celebrate Flag Day. With its pas- Favorite American Hero.'' sage, I would like to share with my colleagues Mr. OWENS. Mr. Speaker, it is generally Reginal is a 15-year-old sophomore at the story of one of my constituents. recognized that the great drop in the national Itasca High School. His accomplishment is all Vito Cannella was born in Italy and later crime rate is due mostly to changes in the de- the more extraordinary considering that late naturalized as an American citizen. He is a ployment of police officers and in the adoption last year he was living on the streets in Austin, lifelong public servant, dedicated to serving of new attitudes with respect to police and Texas. However, he now lives in the Pres- our community and our nation. As a public of- community partnerships. No police and law byterian Orphans Home in Itasca where he ficial in Los Angeles County, he is committed enforcement leader in America has done more spends time putting together prize winning es- to working to share the benefits of his adopted to advance these approaches and methods says. homeland with his neighbors. His patriotism is than Assistant Chief Patrick D. Brennan, one His prize for winning the AMVET's contest is a lesson for us all. of New York's and Brooklyn's finest. On the an all expense paid trip to Valley Forge, Upset by anti-government protests and civil occasion of the retirement of Chief Brennan Penn., to visit the Freedoms Foundation. unrest during the 1960's, Vito joined with Bill we wish to express our gratitude and appre- Members of AMVET's Post 72 in Hillsboro Bailey, an old friend, and set about preserving ciation for his many years of service. I have were so moved by his essay that they took up and defending our most precious national em- met him at many late night community meet- an additional collection to finance a trip to blem: The American flag. In 1966, the two ings and I know that Assistant Chief Brennan Washington, D.C. While in Washington, Montrose, California residents worked with deserves the rest he will be able to get after Reginal's wish to visit the Tomb of the Un- local civic groups to convince our former col- retirement. On behalf of the constituents of the known Soldier and pay his respects was ful- league H. Allen Smith to introduce and suc- 11th Congressional District I salute Patrick D. filled. cessfully pass House Joint Resolution 763. Brennan as a POINT-OF-LIGHT for all Amer- I ask members to join me in congratulating With its passage, the week surrounding Flag ica. this special young man for his accomplish- Day was thereafter dedicated national Flag Assistant Chief Patrick D. Brennan, who is ment. I would also like to share his essay with Week. Sadly, this holiday has been quietly retiring after serving as the commanding Offi- the members. omitted from news stories ever since. It is my cer of Patrol Borough Brooklyn South, began hope that this will change. his career with the New York City Police De- MY FAVORITE AMERICAN HERO Mr. Speaker, the Stars and Stripes are a partment as a patrolman for the 84th Precinct (By Reginal Ryan) noble symbol of our republic. As we stand in in September 1965. Before achieving the rank My favorite American hero does not have a this chamber, we rise before this bold symbol of Assistant Chief in July 1997, he was pro- name, but I assure you he is real in many of our freedom. As we engage in debate with moted to Sergeant in May 1973; Lieutenant in ways. Everyone remembers and knows what our colleagues on the other side of the aisle, he did for our country and how he gives his March 1984; Captain in December 1987; Dep- life for others with devotion. He has shown we should take pride in our right of dissension. uty Inspector in May 1993; Inspector in Octo- commitment in many examples of his com- And as we work to shape policy affecting our ber 1994; and Deputy Chief in August 1995. passion as in the many wars in which he has children, we should be ever mindful of those Assistant Chief Brennan has served as the fought such as World War I and World War II who sacrificed so much for this right. We Commanding Officer of the 5th, 72nd, 84th and even Vietnam. honor all these by recognizing Flag Week. June 19, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1175 I challenge my colleagues to do their part to Emanu El; Presbyterian House No. 2; the JAPAN; IT’S TIME FOR REFORM spread the word and celebrate this important Shell Oil Company Foundation; Umland Inter- holiday. Too often, the news of Flag Week is national House; the Junior League of Houston; pushed aside for flashier stories, or relegated Fondren Foundation; Exxon; St. Luke's Epis- HON. WILLIAM O. LIPINSKI to the back pages on a slow news days. It is copal Health System; Notre Dame Alumni As- OF ILLINOIS our duty to carry on the proud tradition of this sociation; Notre Dame Student Chapter; El week. Paso Energy; Continental Airlines; Newsradio IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, progress in our country often 740 KTRH; The Brown Foundation; Apache; Friday, June 19, 1998 originates from the efforts of just one man. Friends of Habitat; Stanley Tools; Dow Chemi- The establishment of Flag Week serves as an cal; Indianapolis Life; PMI; Paul Leonard Mr. LIPINSKI. Mr. Speaker, Japan's econ- important reminder of the same. In recognition House; Weyerhauser Co.; Churchs Chicken; omy is in recession. As an editorial in the of Vito Cannella's patriotism, and to honor the the Aluminum Association; Southwest Airlines/ Thursday, June 18 edition of The Washington sacrifice of Americans through the ages dedi- Oprah Angels; the Farris Foundation Inc.; Post noted, ``the fact that once again U.S. cated to preserving our liberty, I ask my col- Houston Habitat for Humanity Revolving Fund; pressure was needed to spur a commitment to leagues to join me in celebrating Flag Week, Houston Apartment Association; and Habitat reform is one more sad indication of the abdi- 1998. World. To all the sponsorsÐYou have all done cation of leadership in Japan.'' f a great service to this community, and to our While Japan has been a strong and loyal HABITAT FOR HUMANITY future generations. I congratulate you all. ally of the U.S. since the end of World War Ii, HOUSTON PROJECT I also want to thank and congratulate a par- that does not mean friends cannot provide ticular group of very special peopleÐthe Gib- constructive criticism. I have some construc- HON. SHEILA JACKSON-LEE son Family. I worked alongside of Mr. and tive criticism for Japan. OF TEXAS Mrs. Gibson for the better part of the day on As one of the world's largest economies, IN THE HOUSE OF REPRESENTATIVES Monday. They have two girls, both under the Japan has a responsibility to provide open and age of ten, and they have another child on the fair market access for imports. To this day, Friday, June 19, 1998 way. For the past few years, they have lived Japan continues to maintain restrictive barriers Ms. JACKSON-LEE of Texas. Mr. Speaker, in a small apartment in a dilapidated building, to its domestic market. While Japan has re- I rise to acknowledge the contributions to my the whole while, looking for ways that they duced tariff rates on imports to reasonable lev- district that Habitat for Humanity and its spon- could better their living situation. Like many els, non-tariff barriers continue to hinder im- sors have made to my district over the past families, they have searched for options that ported goods and services from the U.S. and week. would keep them from having to send their other parts of the world. Through the efforts of former-President hard-earned money to the landlord every From 1996 to 1997, the U.S.-Japan trade Jimmy Carter, Habitat for Humanity, a handful month, knowing that they would never own a deficit increased from $47.6 billion to $55.7 bil- of private sponsors, and several thousand mir- piece of that property. lion. Our trade deficit with Japan is the largest acle-working volunteers, 100 homes will be out of any other nation in the world, and it I am happy to report to you that the Gibson built for needy families this week in the city of points to the systemic problems with Japan's Family, with the help of Habitat for Humanity Houston. market. Houston was chosen as the site for this and their sponsors, are on their way to owning Now is the time for Japan to show real lead- project because of its tremendous need for their first house. They had to work hard, phys- ership to the international community by initiat- housing. Of the 1.7 million people that live in ically, to get this opportunity, but they seized ing wide-spread economic reforms specifically the city, 150,000 of them are considered to be it. targeted to rescinding excessive and outdated ``marginally'' homeless. That number is com- T.S. Eliot once said, ``Home is where one government regulations. A U.S. Trade Rep- pletely unacceptable for America's fourth larg- starts from.'' With the help of President Carter, resentative report stated, ``[Japan's] unneces- est city. Habitat for Humanity, and thousands of volun- sary regulations restrain economic growth, Even when people are able to find housing, teers and sponsors, the Gibson Family has a raise the cost of doing business in Japan, there is a good chance that it will be inad- new start. It is a fresh chance to raise their lower the standard of living for Japanese con- equate. Over 100,000 of the housing units in children, and grandchildren in a way which sumers, and impede imports.'' Japanese Houston are dilapidated, and 72,000 of them every American deserves. I also want to con- economists estimate that 40 percent of all are officially overcrowded. gratulate the other 99 families who will also be economic activity in Japan is regulated by the Yet as awful as those conditions are, there receiving homes as a part of this effort. Each government. The regulations included burden- are still over 9,000 families on waiting lists for and every one of them deserves this tremen- some testing and certification requirements, public housing. Unfortunately, the government dous opportunity as well. outdated price control measures, and unnec- cannot solve the housing shortage for all of essary and archaic standards. them. Someone else needs to step up to the As grateful as I am, for this effort to better bat and help these people help themselves. the community in Houston, there is still sub- While I understand that most of these regu- Fellow colleagues, someone has. stantial work to be done, and need left. There lations were implemented when Japan was Habitat for Humanity and the Jimmy Carter are still too many people who need adequate still a developing nation when it was nec- Work Project have come to bat for the people shelter. There are still too many cities who essary to protect certain infant industries, they of Houston. With them, they brought an army need adequate housing. There are far too are no longer needed and, in fact, retards Ja- of volunteers, and a fabulous group of spon- many children growing up in unsuitable condi- pan's economic growth. A nation with a ma- sors. tions. ture economy such as Japan's must jettison those outdated regulations in order to expand The supplies needed for these 100 houses I hope there are many more people, out were all supplied by contributions from private the economy. Japan's reluctance to do so has there across America, who are willing to follow clearly caused its current recession. By plac- corporations, organizations, church groups, the example of the miracle-workers of Hous- and businesses. Many of these organizations ing archaic and unnecessary restrictions to im- ton. I urge corporate America to follow the ports, Japan has only wound up hurting itself. also contributed manpower, either through lead of the many corporate sponsors I named their employees or their members. I am grate- earlier, who put aside profit for the sake of hu- The solution to Japan's economic problems, ful to all of them. Specifically, I want to name manity. Mr. Speaker, is quite simple. The Administra- those sponsors who made donations for the tion must work with Congress to put more homes built in my district. They include: South I pledge my loyal support to Habitat for Hu- pressure on Japan to provide open and fair Main Baptist Church; U.C.C. Celebration manity and the people that make it workÐthe markets, and Japan must take the necessary House; Presbyterian HouseÐFirst Grace, Me- sponsors and the volunteers. I ask that my steps to fully honor its trade agreements with morial Drive and St. Andrews; St. John the Di- colleagues do the same. These people truly the U.S. Only by implementing this and other vine Episcopal; St. Martin's Episcopal Church; embody the best of the human spirit, and I ap- reform measures can the Japanese economy Congregation Beth Israel; Congregation plaud their heroic efforts. recover from its current recession. E1176 CONGRESSIONAL RECORD — Extensions of Remarks June 19, 1998 HONORING REVEREND DR. hand the exemplary work they are doing for background information—including accounts WASHINGTON L. LUNDY our community, and I am deeply impressed. by witnesses who were to appear before a Mr. Speaker, I ask my colleagues to join me grand jury—regarding the investigation into Mr. Clinton’s relationship with Monica HON. EDOLPHUS TOWNS in recognizing the Mechler Hall Senior Center Lewinsky. OF NEW YORK for a decade of achievements in the Bronx Mr. Starr has issued two denials to the ar- IN THE HOUSE OF REPRESENTATIVES and in wishing them continued success. ticle. His first denial did not challenge Mr. f Brill’s facts; instead, the independent coun- Friday, June 19, 1998 sel challenged the conclusion that such dis- Mr. TOWNS. Mr. Speaker, I rise today to TRIBUTE TO INTERNATIONAL SO- closures were illegal and unethical. In his second denial, Mr. Starr stated that honor Reverend Washington L. Lundy's 30th CIETY ON HYPERTENSION IN BLACKS his office ‘‘does not release grand jury mate- Pastoral Anniversary at the Evening Star Bap- rial either directly or indirectly, on the tist Church in Brooklyn, New York. record or off the record’’ and that it ‘‘does Reverend Lundy is a native of McKenney, HON. JAMES E. CLYBURN not release (and never has released) informa- Virginia. Prior to his appointment at the OF SOUTH CAROLINA tion provided by witnesses during interviews, Evening Star Baptist Church, Reverend Lundy IN THE HOUSE OF REPRESENTATIVES except as authorized by law.’’ had experience in pastoring at First Baptist These denials beg the question of what Mr. Friday, June 19, 1998 Starr considers grand jury material, what he Church in McKenney, Virginia. Following his believes is authorized by law and what he appointment to the Evening Star Baptist Mr. CLYBURN. Mr. Speaker, I rise today to and Mr. Bennett actually said to reporters. Church, Reverend Lundy obtained a Bachelor pay tribute to the International Society on Hy- Indeed, before the Brill article appeared this of Sacred Theology and a Doctor of Divinity pertension in Blacks. Their Society is about to week, many press reports had already attrib- from Baltimore College of Bible in 1971 and hold its 13th International Interdisciplinary uted information about the investigation to 1975, respectively. Conference on Hypertension in Blacks, and I the prosecutor’s office. We don’t know all the facts, but Mr. Starr, Since Reverend Lundy's tenure at Evening believe it is timely to recognize their efforts to publicize a disease that has disproportionately as quoted in Mr. Brill’s article, does not give Star Baptist Church, many wonderful things us confidence about his interpretation of the have happened to both the church and the affected minority populations. law and Justice Department regulations. In surrounding community. Reverend Lundy The International Society on Hypertension in the article, Mr. Starr said that certain dis- founded the Eastern Baptist Association Blacks encourages increased medical re- closures do not violate a Federal criminal School of Religion in 1989. The Reverend also search efforts, supports hypertension aware- law that prohibits prosecutors from disclos- led the congregation through a five million-dol- ness programs targeted to minority commu- ing information about grand jury proceed- lar renovation and dedication in 1994. nities, and lends assistance to put an end to ings. the alarming statistics that show the greater ‘‘If you are talking about what witnesses Reverend Lundy's accomplishments do not tell F.B.I. agents before they testify in the end there. In 1991, C.S.B.C. Housing Devel- prevalence of severe hypertension in Africa grand jury or about related matters,’’ Mr. opment named him Father of the Year. Rev- Americans. Starr said, that is ‘‘definitely not grand jury erend Lundy also received the Contemporary The International Society works to promote information.’’ Leadership Award in July, 1992, and the His- treatment for all. Hypertension affects one out Mr. Starr also said that the Justice De- tory Maker Award in February, 1995. In addi- of three African Americans compared to one partment’s ethical guidelines allow disclo- out of four people in the general population. sures when the public needs reassurance that tion to this, Franklin Avenue, in Brooklyn, New an investigation is being conducted properly. York will soon be named ``Dr. Washington Lee One of the challenges to prevention or control Indeed, in the article, Mr. Starr suggested Lundy'' Boulevard. is to adequately address the physiologic, epi- that it was his duty to make such disclosures Mr. Speaker, I ask you to join me in saluting demiologic and genetic differences to develop if doing so would boost the public’s con- Reverend Washington L. Lundy on the occa- strategies appropriate for each population. fidence in his office. sion of his 30th Pastoral Anniversary at the Mr. Speaker, I ask you to join me today in But the laws on disclosure contain few loopholes. Last May, the United States Evening Star Baptist Church. honoring the International Society on Hyper- tension in Blacks for their efforts to initiate Court of Appeals for the District of Columbia f ruled that it is a violation of Federal law not such research forums at their annual con- only to release unauthorized information TRIBUTE TO THE MECHLER HALL ference and their work to spread information about what witnesses said to the grand jury, SENIOR CENTER to community members. but also to disclose what witnesses said to f prosecutors and agents in preparing for their HON. JOS´E E. SERRANO grand jury testimony. FORMER REAGAN AND BUSH JUS- Moreover, Mr. Starr and his staff members OF NEW YORK TICE OFFICIAL CALLS FOR IN- are also covered by the Privacy Act, which IN THE HOUSE OF REPRESENTATIVES VESTIGATION OF MR. STARR’S prohibits disclosing confidential information Friday, June 19, 1998 LEAKS TO THE PRESS about individuals. This law covers all Fed- eral employees, not just prosecutors, who Mr. SERRANO. Mr. Speaker, I rise today to have access to such information because of pay tribute to the Mechler Hall Senior Center HON. JOHN CONYERS, JR. their jobs. for a decade of success working for senior citi- OF MICHIGAN Justice Department guidelines are no more lenient. To make a case for an exception, Mr. zens in the South Bronx. IN THE HOUSE OF REPRESENTATIVES On Wednesday, June 24, the Mechler Hall Starr seems to rely on a department rule Friday, June 19, 1998 that allows disclosure of ‘‘matters about Senior Center will celebrate as a Tenth Anni- which the community needs to be reassured versary Party at the Holy Family Church on Mr. CONYERS. Mr. Speaker, I enter into the that an appropriate law-enforcement agency Watson Avenue, where the Center is located. RECORD the following opinion editorial from to- is investigating the incident.’’ The Mechler Hall Senior Center was estab- day's New York Times. This is a stretch. The Justice Department specifically forbids prosecutors from answer- lished in 1988 as a non-profit, all-volunteer KENNETH STARR STRETCHES THE RULES ing questions about an ongoing criminal in- community-based organization to serve the (By Ronald K. Noble) needs of senior citizens in our community. vestigation or from commenting on its What are we to make of Steven Brill’s arti- During the past ten years, the dynamic progress—including the serving of subpoenas cle contending that Kenneth Starr, the inde- before the documents have been publicly Mechler Hall Senior Center has been instru- pendent counsel, and his deputy, Jackie Ben- filed. And department guidelines on media mental in providing the services that senior nett, may have leaked grand jury informa- relations state that no one in the depart- citizens need. It serves meals to 115 people tion about their investigation of President ment should release information that is like- daily and organizes activities for about 150 Clinton? ly to prejudice any legal matter. people. Its wide range of programs and serv- Many opponents of Mr. Clinton want to In short, there are few situations where ices to the community include: counseling, dismiss Mr. Brill’s article, which appeared substantive information on an investigation seminars, workshops, dancing lessons, trips, this week in his magazine, Brill’s Content. can be released. And if information is re- But that would be a mistake. These leaks leased, it should be on the record. Any off- aerobics, nutritional programs, knitting, and may violate Federal laws and Justice De- the-record conversation between prosecutors drawing lessons, among other activities. partment regulations. The possibility of such and reporters is by definition suspect. If the It is a privilege for me to represent the 16th improper disclosures must be investigated. prosecutor is permitted to say what he is district of New York, where Mechler Hall Sen- In his article, Mr. Brill wrote that Mr. saying and is prepared to be held account- ior Center is located. I have witnessed first- Starr and Mr. Bennett had given reporters able for it—why not do so on the record? June 19, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1177 That way the public and the judge presiding moratorium on oil and gas activities in these The STEP Act seeks to link long-term un- over the grand jury investigation can decide new areas for another 10 years. For all prac- employed Americans with the roaring econ- whether the prosecutor is following the tical purposes, the OCS program today re- omy. It provides the three indispensable ele- rules. Last February Mr. Starr claimed that he mains active in the Gulf of Mexico and in Alas- ments that most often are missing: job readi- was investigating whether his office was ka waters. The program remains a vital com- ness, job experience and job placement. leaking information. Given the allegations ponent of our energy supply. This is especially STEP is tightly structured. The program would about Mr. Starr’s and Mr. Bennett’s back- true for natural gas. be available only for individuals who meet ground conversations with reporters, one In terms of the royalty management pro- three criteria: individuals unemployed for 15 wonders how thorough that inquiry could gram, the lack of expansion of federal oil and weeks or more, whose families are at or below have been. gas leasing and production, coupled with tech- the poverty line, and who live in communities Now, Mr. Starr has no choice but to ask for nological advances, have diminished the need of concentrated poverty and unemployment. an independent investigation to determine Clearly, individuals who face all three of what, if any, information his office revealed for widespread expansion of this component of to the press and whether that information the MMS. With Congressional interest in new these conditions are walled off from self-suffi- violated any rules. Unless action is taken Royalty-in-Kind proposals, MMS royalty man- ciency. If they have not found jobs after 87 quickly, it will appear that the Independent agement could well downsize even further. months of an exceptional economy, we cannot Counsel’s Office is above the law. The American taxpayers, who in essence expect jobs for them to appear miraculously. f are government's stockholders, are demand- They obviously need our help. Transitional ing a leaner government. This legislation is a jobs that provide work experience while some DEPARTMENT OF THE INTERIOR step towards that goal. We cannot wait for this transportation and child care services are pro- REORGANIZATION Administration to do the right thing. It is time vided can make the vital difference. Unlike for Congress to act. some job programs, at the end, STEP would HON. JOE SKEEN f come with vital job placement for those who OF NEW MEXICO had not found work in 12 months. Moreover, HONORING DR. THOMAS P. paid part-time participation in education and IN THE HOUSE OF REPRESENTATIVES GRISSOM, JR. training, including college, would insert a vital Friday, June 19, 1998 missing link to decent employment sadly lack- Mr. SKEEN. Mr. Speaker, last month I intro- HON. EDOLPHUS TOWNS ing in last year's welfare bill. duced legislation to reorganize the United OF NEW YORK I am also preparing an Omnibus Welfare States Forest Service in an attempt to bring IN THE HOUSE OF REPRESENTATIVES Reform Amendments bill that will incorporate reform to that troubled federal agency. Today, Friday, June 19, 1998 amendments from members of the House to I introduce legislation to further the goal of last year's welfare reform statute, in the hope streamlining government and save additional Mr. TOWNS. Mr. Speaker, I rise today to that one or the other provision might be pulled money for the taxpayers of this nation, without honor the dedication and achievements of Dr. out for passage. However, STEP hops over decreasing services. Thomas P. Grissom, Jr. welfare reform and confronts the missing in- Dr. Grissom has earned two Doctorate de- Continuing what Congress began in 1995, gredient for all the long-term unemployedÐa grees, and it was his desire to teach before my legislation would dissolve the Department realistic way to get them to a real job that retiring. of Interior's (DOI) Minerals Management Serv- pays a liveable wage. Dr. Thomas P. Grissom, Jr. has a vast ice (MMS) and transfer the two major func- STEP's $20 billion cost over four years, cre- amount of experience as a pastor. He began tions to other locations in DOI. By this trans- ating 1.8 million entry level jobs, would be his ministry 49 years and 9 months ago. He fer, the Department would realize significant money well spent from a budget that now first became the Associate Pastor of St. Mark savings by elimination of the administrative boast a surplus. The challenge to those who United Methodist Church in Manhattan. From support component of the current MMS. have no plan for the hard core unemployed is, there he went to Janes United Methodist Under this legislation, the Minerals Manage- if not this what? The challenge to those who Church in Brooklyn. After this position, he ment component of MMS would be transferred do not want to spend the money is, if not in moved to Taylor Memorial Church in Oakland, to the Bureau of Land Management. The Roy- this roaring economy, when? California. He later returned to New York in alty Management component would be trans- f October 1980 to pastor Salem United Meth- ferred to the office of the Assistant Secretary odist Church in Manhattan. He remained at TRIBUTE TO ROBERT EDWARD for Policy, Management and Budget. Day to Salem until the end of June in 1990. On the BATES, JR. & STANLEY K. WIL- day operations of these two divisions would go first Sunday of July 1990, Dr. Grissom be- LIAMS on, almost totally undisturbed by this legisla- came the Pastor of Hanson Place Central tion. United Methodist Church, where he has I would point out that the MMS was estab- HON. JAMES E. CLYBURN served until the present time. OF SOUTH CAROLINA lished in 1982, following an internal reorga- Mr. Speaker, please join me in saluting Dr. nization of the Department of Interior. Expec- IN THE HOUSE OF REPRESENTATIVES Thomas P. Grissom, Jr. for his tremendous tations for the new federal agency were high. Friday, June 19, 1998 devotion and dedication to his profession. The MMS took components that were formerly f Mr. CLYBURN. Mr. Speaker, I rise today to located elsewhere in the Department and pay tribute to Robert Edward Bates, Jr. and placed them under one roof, headed by a di- THE STRATEGIC TRANSITIONAL Stanley K. Williams who will be honored as rector appointed by the Secretary of the Inte- EMPLOYMENT PROGRAM (STEP) Men of the Year by the Shiloh Baptist Church rior. The Outer Continental Shelf (OCS) oil of Washington, D.C. on Sunday, June 21, and gas leasing program was expected to be HON. ELEANOR HOLMES NORTON 1998. the real centerpiece of this new agency. Leas- OF THE DISTRICT OF COLUMBIA It has been my privilege to have known ing activities were to be expanded from small IN THE HOUSE OF REPRESENTATIVES Robert Bates for many years. He has been a areas in California, the Gulf of Mexico and in member of Shiloh Baptist Church since his Alaska to large areas off the entire East and Friday, June 19, 1998 youth. He is the son of the late Deacon and West Coasts as well as the Eastern Gulf of Ms. NORTON. Mr. Speaker, today, I intro- Mrs. Robert E. Bates, Sr. He was a member Mexico. Industry interest was extremely high duce the Strategic Transitional Employment of the Fund-raising Committee for the Henry and energy self sufficiency was just around Program Act or STEP, and I thank Senator C. Gregory, III Family Life Center and cur- the corner. WELLSTONE, who will introduce the bill in the rently serves as Chairman of the Family Life However, something happened along the Senate today, for his leadership. The unem- Center Foundation Board. way and public support for this effort never ployment rates in many parts of this region are Active in the civil rights movement, Mr. materialized. In fact, in spite of an outstanding so low that almost anybody can find a job. Yet Bates worked as an aide to Senator Edward safety and environmental record, widespread in the District and other large cities and in Kennedy early in his career and went on to a and rabid opposition to expansion of the pro- rural areas, unemployment rates remain unaf- successful career with Mobil Oil Company. He gram developed and continues today. There- fected by the excellent Clinton economy. En- was one of the first African Americans to rep- fore, the grand plans of 1982 never material- tire sections of our society scratch their collec- resent a major company on legislative matters ized. In fact, just last week, President Clinton tive heads at daily reports of the splendid on Capitol Hill. While secure in his own posi- called for extending the current Congressional economy. tion, he established the Second Wednesdays E1178 CONGRESSIONAL RECORD — Extensions of Remarks June 19, 1998 Group, an organization to enhance opportuni- COMMEMORATING THE 15TH ANNI- partnership. During his recent visit to Ger- ties for African Americans in the lobbying VERSARY OF THE CONGRESS- many, marking the 50th anniversary of the arena. In addition, Mr. Bates has been a BUNDESTAG YOUTH EXCHANGE Berlin Airlift, President Clinton declared, ``we strong supporter of the Congressional Black will be working hard to expand our support for Caucus and the Congressional Black Caucus HON. LEE H. HAMILTON the Congress-Bundestag Youth Exchange, Foundation. He is the father of threeÐDawn, OF INDIANA which has already given more than 10,000 Hillman and Brandon. IN THE HOUSE OF REPRESENTATIVES German and American students the chance to After joining Shiloh nearly two decades ago, visit each other's countries.'' Friday, June 19, 1998 German leaders in the Bundestag value the Stanley Williams immersed himself in church relationship with the United States and with activities. Today, he serves as Vice President Mr. HAMILTON. Mr. Speaker, I would like to the Congress, and recognize the contribution of the Brotherhood of Shiloh Men. He has draw the attention of my colleagues to the which the Congress-Bundestag Youth Ex- been a Sunday School teacher in the Youth 15th anniversary on June 19th of the creation of the Congress-Bundestag Youth Exchange. change program has made to the close ties Department and served as an Assistant Su- which exist. On June 19th, the President of perintendent; Chairman of the Men's Day In 1983, marking the 300 years of German immigration to the United States, the Con- the German Bundestag, Prof. Rita S ssmuth, Committee; and, Co-chaired the Children's will mark the 15th anniversary of the Con- Day Committee. He was recently appointed by gress and the German Bundestag created a unique program, the Congress-Bundestag gress-Bundestag Youth Exchange program by the Pastor to Co-Chair the Victory Through sending the Bundestag's greetings to all Mem- Faith Campaign Committee. Youth Exchange. This exchange was de- signed to ensure that the close ties of friend- bers of Congress and by congratulating the Mr. Williams currently works at the U.S. De- ship and partnership which had developed be- 200 American participants in this year's pro- partment of Labor where he serves as the Di- tween our two countries since the founding of gram, who will be present during the Bundes- rector of Veterans' Employment and Training. the Federal Republic of Germany would con- tag session. He recently was recognized by the Assistant tinue in successor generations, and to foster Mr. Speaker, I invite my colleagues in the Secretary of Labor for his outstanding knowl- the relationship between our two national leg- House of Representatives to join me in ex- edge and dedication in his field. He is married islative bodies. tending special greetings to our fellow legisla- to Judy C. Williams and is the father of two In each of the past fifteen years, up to 800 tors in the Bundestag, in commemorating the children, Lanita and Malek. American and German high school students creation of this exchange and in noting its Mr. Speaker, as we celebrate Father's Day and young professionals have taken part in contribution to the distinctive ties between the across the country this Sunday, I ask you and this program. The high school students be- peoples and the governments of these two my colleagues to join me in saluting these two come aware of the wider world and establish great nations. outstanding fathersÐRobert Edward Bates, Jr. ties which will benefit them for the rest of their f and Stanley K. Williams today for their dedica- lives. Thanks to a combination of classroom INTRODUCTION OF THE tion to the Shiloh Baptist Church, their fami- education and on-the-job training during their TAXPAYER’S DEFENSE ACT lies, and to the community. year abroad, young professionals are able to bring valuable experience into their working HON. GEORGE W. GEKAS f life: Americans can take advantage of Ger- OF PENNSYLVANIA many's ``dual system'' of education and prac- IN THE HOUSE OF REPRESENTATIVES PERSONAL EXPLANATION tical training, while German youth can benefit from American strengths in areas such as Friday, June 19, 1998 telecommunications, environmental technology Mr. GEKAS. Mr. Speaker, today I join with HON. MARION BERRY and the service sector. In both cases, the Mr. HAYWORTH and 52 of our colleagues to in- young people of our two countries gain knowl- troduce the Taxpayer's Defense Act. This bill OF ARKANSAS edge and experience which will serve them simply provides that no federal agency may IN THE HOUSE OF REPRESENTATIVES well later in life. establish or raise a tax without the approval of Let me quote from the letter of a recently- Congress. Friday, June 19, 1998 returned American high school student, reflect- One of the principles on which the United ing on her year in Germany: States was founded was that there should be Mr. BERRY. Mr. Speaker, on June 17, I was no taxation without representation. speaking before a group of Arkansas students Now, I am able to speak Germany fluently. I have made many strong friendships and In the Second Treatise of Government, John and missed roll call vote No. 237. If I had have experienced a culture I was not used to; Locke said, ``[f]f any one shall claim a power been here, I would have voted ``present.'' I have learned a great deal about who I am to lay and levy taxes on the people, . . . with- and about life in general. I have learned to out . . . consent of the people, he thereby . . . f be more tolerant of others and the ideas that subverts the end of government.'' Consent, they offer. Being an exchange student does according to Locke, could only be given by a PERSONAL EXPLANATION not just benefit the exchange. My first weeks in Germany were spent trying to disprove majority of the people, ``either by themselves many of the stereotypes the Germans had or their representatives chosen by them.'' The about the United States and its society. Boston Tea Party celebrated Americans' oppo- HON. JOHN ELIAS BALDACCI Through this Exchange, all participants are sition to taxation without representation. And OF MAINE able to return home feeling proud that they the Declaration of Independence listed, among had the opportunity to represent the United the despotic acts of King George, hie ``impos- IN THE HOUSE OF REPRESENTATIVES States. ing Taxes on us without our Consent.'' First Friday, June 19, 1998 The Congress-Bundestag Youth Exchange among the powers that the Constitution gave program also organizes reciprocal visits by to the Congress, our new government's rep- Mr. BALDACCI. Mr. Speaker, yesterday the staffers of the Congress and Bundestag. I resentative branch, was the power to levy House voted on final passage of the Con- hope that more of my colleagues will encour- taxes. ference Report to accompany H.R. 2646, the age their staffers to take advantage of this op- The logic of having only Congress establish Education Savings Act for Public and Private portunity to get to know Germany and the federal taxes is clear: only Congress considers Schools. I do not believe that we should be working of its government and legislature. The and weighs every economic and social issue taking resources away from our public schools staff exchange can be of tremendous assist- that rises to national importance. While any and directing them towards private schools. I ance as our two countries grapple with shared faction, agency, or sub-agency of the govern- am strongly opposed to H.R. 2646, and cast problems. ment may view its own priorities as para- my vote against the Conference Report (Roll Germany is a uniquely important ally of the mount, only Congress can decide which goals Call Vote No. 243). Therefore, I was con- United States. We have a strong national in- are of the importance to merit spending tax- cerned to discover this morning that I was list- terest in maintaining the closest ties and the payer dollars. Only Congress can determine ed as not voting on Roll Call No. 243. Appar- best understanding possible with both the cur- the level at which taxpayer dollars should be ently, my vote was not properly recorded by rent leadership and the successor generation. spent. the electronic voting system. I am deeply con- The Congress-Bundestag Youth Exchange The American ban on taxation without rep- cerned about this incident. represents one of the best ways to cement our resentation has not been seriously challenged June 19, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1179 during our nation's history. The modern era of cost Americans millions and millions of dollars. HONORING THE SAVE OUR YOUTH restricted federal budgets, however, threatens Mr. Speaker, some people thought the tax- INITIATIVE’S CONGRESSIONAL to erode the essential principle of ``no taxation and-spend liberals had left Washington. Not YOUTH COUNCIL without representation.'' In ways that are often so. subtle or hidden, federal agencies are taking Washington interest groups who want to HON. EDOLPHUS TOWNS onÐor receiving from CongressÐthe power to feed at this federal trough are already geared OF NEW YORK tax. They may tax by adding extra charges up to accuse the Republican Congress of cut- IN THE HOUSE OF REPRESENTATIVES onto legitimate fees charged for services they ting funding for education and health care if Friday, June 19, 1998 provide. They may tax by requiring businesses any attempt is made to rein in the FCC. They to take on affirmative obligations (as opposed will cynically frame the issue as a matter of Mr. TOWNS. Mr. Speaker, I rise today to to complying with proscriptions on behavior federal entitlements for sympathetic causes honor the member of my Save Our Youth Ini- that harms the public) as a condition of oper- and groups. tiative's Congressional Youth Council. One of the major challenges facing Brook- ating. Administrative taxes pass the costs of But the most sympathetic group is the lyn, and other parts of our Nation, is finding government progrms on to American consum- American taxpayer, whose money is being ways to open doors of opportunity for youth ers in the form of higher prices. These secret taken, laundered through the Washington bu- who constitute a disproportionately large share taxes tend to be deeply regressive and they reaucracy, and returned (in dramatically re- of the unemployed, underemployed, and incar- add inefficiencies to the economy. The take duced amounts) for purposes set by unelected cerated. Through the Save Our Youth Initia- money from everyone without helping anyone. Washington poohbahs. This is why we must The worst example of administrative tax- require the FCC, and all agencies, to get the tive, I am striving to eliminate this bleak out- ation is the Federal Communications Commis- approval of Congress before setting future tax look for our youth, and to provide the nec- sion's Universal Service Tax. ``Universal serv- rates. essary resources so that youth can build suc- ice'' is the idea that everyone should have ac- Should tax dollars be used for federal uni- cessful lives. An important vehicle in this effort cess to affordable telecommunications serv- versal service programs? In what amounts? is my Congressional Youth Council. Since Spring 1996, the Youth Council's ices. It originated at the beginning of the cen- Or should Americans spend what they earn on leadership role in the community encourages tury when the nation was still being strung their own, locally determined priorities? Re- youth to become more active citizens. with telephone wires. The Telecommunications quiring Congress to review any administrative Through organizing community forums such Act of 1996 included provisions that allowed taxes would answer this question. as a Youth Town Hall meeting attended by the FCC to extend universal service, ensuring My bill would create a new subchapter with- over 200 youth and adults, participating in that telecommunications are available to all in the Congressional Review Act for manda- public hearings and other local events, and areas of the country and to institutions that tory review of certain agency rules. Any rule discussing policy issues with public officials benefit the community, like schools, libraries, that establishes or raises a tax would have to such as Mayor Rudolph Giuliani and Brooklyn and rural health care facilities. be submitted to Congress and receive the ap- Most importantly, the Act gave the FCC the proval of Congress before it could take effect. Borough President Howard Golden, these power to decide the level of ``contributions''Ð In essence, the Act would disable agencies youth blossomed into dedicated advocates. taxesÐthat long-distance providers would from establishing or raising taxes, but allow Each young leaderÐApril Hudson, Irvin Dan- have to pay to support universal service. The them to formulate proposals for Congress to iels, Felix Ramos, Akilah Holder, Tanya Cruz, FCC now determines how much can be col- consider, under existing rulemaking proce- Latoya Baker, Dunni Owolabi, Jethro Jelldine, lected in taxes to subsidize a variety of ``uni- dures. It is a version of a bill introduced and Nicole Brathwaite, Michelle Warner, Yolanshe, Alexander, Fellanthin King, and Kalonji versal service'' spending programs. It charges ably advocated for by Mr. HAYWORTH. He joins long-distance providers, who pass the costs me today as a leading cosponsor of this bill. CurwenÐis a shining beacon of hope for the on to consumers in the form of higher tele- Once submitted to Congress, a taxing regu- future of our community. I am tremendously proud of their achieve- phone bills. In the first half of 1998, the tax lation would be introduced (by request) in ments in both school and the community. This was $625 million, and the Clinton Administra- each House of Congress by the Majority Lead- month, four of these dedicated youth advo- tion's budget projects it will rise to $10 billion er. The rule would then be subject to expe- cates will receive their New York State high per year. Mr. Speaker, this administrative tax dited procedures, allowing a prompt decision school diplomas. They have truly shown that is already out of control. on whether or not it should take effect. The Generation X is a generation of excellence. The FCC's provisions for universal service rule would take effect once a bill approving it Mr. Speaker, it is with great pride that I ask have many flaws. Among them are three ``ad- was passed by both Houses of Congress and my colleagues to join me in saluting all of the ministrative corporations'' set up by the FCC. signed by the President. If the rule were ap- members of my Congressional Youth Council. The General Accounting Office has deter- proved, the agency would retain power to re- f mined that the establishment of these corpora- verse the regulation, lower the amount of the tions was illegal. The head of one of these tax, or take any otherwise legal actions with TRIBUTE TO INTEGRATION 2000 corporations was, until recently, paid $200,000 respect to the rule. dollars per yearÐas much as the President of Mr. Speaker, the cry of ``no taxation without HON. DAVID E. BONIOR the United States. And reports are already representation'' has gone up in the land be- OF MICHIGAN coming in about sweetheart deals between fore, and today we are hearing it again. Con- IN THE HOUSE OF REPRESENTATIVES government contractors and their State gov- gress must not allow a federal agency com- Friday, June 19, 1998 ernment friends, who have access to huge prised of unelected bureaucrats to determine amounts of easy universal service money. the amount of taxes hardworking Americans Mr. BONIOR. Mr. Speaker, each year a new The FCC has been contumacious to the will must pay. While preserving needed flexibility, group of children walks into a school for the of Congress in implementing the Universal the Taxpayer's Defense Act will allow Con- first time. They are our future leaders, the Service Tax. Chairman BLILEY has assiduously gress alone to determine the purposes to hope of America. Students rely on the support pursued the FCC's missteps and misdeeds, as which precious tax dollars will be put. they get from parents, mentors, and teachers have I. In the Commercial and Administrative f as they prepare for their future. Harry Istok, at Law Subcommittee, I chaired a hearing on ad- Malow Junior High in Shelby Township, MI, ministrative taxation, focusing particularly on PERSONAL EXPLANATION has developed an innovative technical pro- the Universal Service Tax, on February 26, gram called Integration 2000. With the help 1998, at which I raised several issues and HON. ADAM SMITH and support of businesses throughout the concerns. The FCC's response to my con- OF WASHINGTON Metro Detroit area, Integration 2000 has cerns, and those of many other Members, has IN THE HOUSE OF REPRESENTATIVES changed the way we look at technical edu- been anemic at best. cation in Michigan. This can only happen because the FCC col- Friday, June 19, 1998 Harry Istok is a veteran teacher. For twenty- lects taxpayer dollars at levels it sets without Mr. ADAM SMITH of Washington. Mr. seven years, he has taught drafting to stu- approval from Congress or the people. The Speaker, I was unavoidably detained on the dents at Malow Junior High. But during the FCC can defy Congress and the people be- evening of June 11, 1998, and unfortunately school year of 1995/1996, Harry took drafting cause it has the power to levy taxes on its missed roll call votes 230 and 231. If present to a new level. By taking skills from art, draft- own. It can ignore Congress without threaten- I would have voted ``yea'' on roll call vote 230 ing, technology education, and general busi- ing its generous spending programs, which and ``yea'' on roll call vote 231. ness, Harry integrated the manufacturing side E1180 CONGRESSIONAL RECORD — Extensions of Remarks June 19, 1998 to show students how their final product would Mr. SANDLIN. Mr. Chairman, I rise today in children are not adequately protected in this be produced. Students in 7th, 8th, and 9th qualified support of this legislation to overhaul rewrite of the bankruptcy code, I will vote grades have designed, engineered, manufac- our nation's bankruptcy laws. H.R. 3150 is an against the conference report. tured and marketed products such as key imperfect bill that addresses a very real and f chains and pen and pencil holders proudly pressing problem. I will vote for this bill to ad- bearing the Malow Mustang. Harry Istok is vance it through this stage of the legislative RECOGNIZING WPST’S DAVE preparing students for life after secondary process. However, if this bill does not improve McKAY AS TOP 40 SMALL MAR- school. Harry has stated, ``the whole purpose in conference negotiations with the other body, KET PROGRAM DIRECTOR OF of education after the Industrial Revolution is I am prepared to vote against the conference THE YEAR to prepare students for the world of work. We report. have to show the kids that there are viable al- Although the rate of personal bankruptcy fil- HON. MICHAEL PAPPAS ternatives to a four year college education.'' ings in Texas in 1996 was well below the na- OF NEW JERSEY Integration 2000 provides students and busi- tional average, it is still high at 8.4 bank- IN THE HOUSE OF REPRESENTATIVES ruptcies per 1000 households. Nationally, fil- ness with the opportunity to work together in Friday, June 19, 1998 a hands-on educational environment. ings increased 20% from 1996 to 1997, and Since 1995, Harry has enlisted twenty- the economic cost of these bankruptcies is Mr. PAPPAS. Mr. Speaker, I rise today in seven area businesses to participate in Inte- passed on to all consumers, creating a hidden recognition of Mr. Dave McKay who was re- gration 2000. Each business donates time and tax of $400 on every household. cently named Top 40 Small Market Program materials to the education of the students. While there are multiple factors contributing Director of the Year at the Gavin Seminar in Without their dedication and commitment Inte- to this recent surge in bankruptcy filings, the San Diego, California. He is truly outstanding gration 2000 would not be possible. On March ease with which a debtor can file for Chapter at what he does, making it my pleasure to rec- 8, 1998, Harry and his partners were honored 7 bankruptcy is surely one of them. There are ognize him today. with the Program Excellence Award at the certainly scattered cases of debtors running Every day many of us enjoy listening to the 60th International Technology Education Asso- up their debt and then filing Chapter 7 bank- radio but are probably largely unaware of the ciation in Fort Worth, Texas. The participating ruptcy to discharge that debt when they are hard work that goes into a successful broad- businesses are: RCO Engineering, Northern capable of paying a substantial portion. The cast. It is rare that we have the opportunity to Metalcraft, Joint Production Technologies, bankruptcy system should not assist debtors give our thanks to those who stand out in the Thunder Tool, Shoe Design, Entire Reproduc- in evading debts they could otherwise pay. In- radio industry and provide us with daily enter- tions, Rhetech, Pinnacle Technologies, Proper stead, our nation's bankruptcy laws should tainment. Mold, Macomb Sheet Metal, P-Ess Sheet offer a fair and honest way for those over- Selected from hundreds of candidates Metal, Breed Technologies, Kinzer Collision, whelmed by financial pressures to pay off as across the country, Mr. McKay has proven to International Hardcoat, Shelby Mold Inc., Mod- much of their debt as they can and begin a be at the top of his field, as is evident by the ulated Metals Inc., E & E Engineering, Ad- fresh start. fact that he has received this honor for two vanced Machining Ltd., Mt. Clemens Steel This bill takes a good initial step at limiting consecutive years. He graduated from the Uni- Inc., R.-J.'s E.D.M., DCT Inc., Unique Fab- a debtor's ability to ``game the system'' or take versity of Maryland in 1992 and has excelled ricating, Acra Grinding, 3-Dimensional Serv- advantage of our bankruptcy code. However, in his endeavors ever since. Hired immediately ices, Powder Cote II, Interplas and Consumers the bankruptcy code affects millions of working as an air talent at WPST in 1993, he was rec- Lumber. Americans annually, and any changes to the ognized as a great prospect in the industry. As a parent and congressman, I am im- code will have significant ramifications for Just five months later, he was promoted to the pressed so many young people will have the many of them. We must undertake any rewrite position of Music Director, a position that opportunity to experience the world of high of this code with extreme diligence and cau- gained him many accolades. As Music Direc- tech manufacturing when they are as young tion. tor, Mr. McKay won $10,000 in the AIR Com- as twelve years old. Harry Istok's vision has Amendments to this bill, both in committee petition, one of the greatest achievements in brought together a unique partnership be- and on the House floor, addressing child sup- the radio industry, as well as numerous other tween Malow Junior High and businesses in port and alimony payments, have allayed awards. Finally, in 1996, he was named Pro- southeastern Michigan. Integration 2000 will some of my fears. However, I still have signifi- gram Director at WPST, a position that he re- serve as an example for other schools to fol- cant lingering concerns that making some mains in at this time. low. I would like to thank Harry and all of his credit card debt nondischargeable places this Mr. Speaker, I am proud to be able to rec- twenty-seven partners for their lasting con- debt in direct competition with child support ognize Dave McKay for his recent honor in tribution to education in the United States. and alimony payments. Although child support being named as the Top 40 Small Market Pro- f and alimony payments retain priority designa- gram Director of the year. I want to congratu- tion, credit card companies will generally have late him and wish him and WPST my best PERSONAL EXPLANATION a better ability to collect these debts than an wishes. ex-spouse. Before this bill is enacted into law, f HON. EVA M. CLAYTON we must be absolutely certain that it will not OF NORTH CAROLINA benefit credit card companies at the expense FOURTH ANNUAL CITIZENSHIP IN THE HOUSE OF REPRESENTATIVES of women and children who rely on these pay- DAY EVENT Friday, June 19, 1998 ments for their survival. This bill, as reported by the House Commit- HON. GENE GREEN Mrs. CLAYTON. Mr. Speaker, during roll call tee on Judiciary, would have preempted provi- vote numbers 245, 246, and 247, I was un- OF TEXAS sions in the Texas Constitution which protect IN THE HOUSE OF REPRESENTATIVES avoidably detained. Had I been present, I a debtor's homestead from seizure. The bill Friday, June 19, 1998 would have voted yes on 245, and no on 246, would have capped the homestead exemption and 247. at $100,000, while Texas law has no monetary Mr. GREEN. Mr. Speaker, June 13, my staff f limit on the homestead exemption. I was ada- and I hosted our Fourth Annual Citizenship BANKRUPTCY REFORM ACT OF 1998 mantly opposed to this provision, and was Day Event. This is a one-stop application pleased that it was eliminated from the bill on processing opportunity for residents who wish SPEECH OF the House floor. However, I still have concerns to become U.S. citizens. that this bill would intrude on state law by pro- With the help of local volunteers, elected of- HON. MAX SANDLIN hibiting a debtor from exempting assets trans- ficials, and community-based organizations, OF TEXAS ferred into one's homestead within one year of we were able to help 350 residents take their IN THE HOUSE OF REPRESENTATIVES filing for bankruptcy. I hope to see this provi- first step to becoming a U.S. citizen. Wednesday, June 10, 1998 sion eliminated from the bill in negotiations The Citizenship Day process consisted of The House in Committee of the Whole with Senate. completing INS forms, taking photographs, House on the State of the Union had under I will vote for this bill now, but I urge the and having attorneys and INS representatives consideration the bill (H.R. 3150) to amend conference committee to address these very review the application. Upon completing this title 11 of the United States Code, and for significant issues before this legislation returns process, the application is photocopied for the other purposes: to the House for final passage. If women and applicant and immediately mailed to INS. June 19, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1181 Every year, I am amazed at the number of garding an earlier set of ``guidelines'' for work- ment of his community, whenever he contrib- people who attend this event. While some of place violence prevention programs for night utes to the enlarged influence of his State, us to tend to take for granted that we live in retail establishments, expressing a number of whenever he contributes to the greater glory a great a country, others wait in line all night concerns, including the enforceability of the of the Republic and makes it a better place in long simply to submit an application to be- guidelines and the lack of scientific basis and which to live and in which to invite men to par- come a U.S. citizen. procedural safeguards in their promulgation. ticipate and aspire, he contributes to himself Although an event like this takes many I continue to be concerned that OSHA's in- as he contributes to the welfare of his fellow months of coordinating and planning, the re- volvement in workplace violence has not been men.'' wards are remarkable. Not only does it pro- supported by objective analysis nor been sub- Paul Zanowic dedicated his life to the bet- vide a service to our community, but it also in- ject to procedural safeguards. There is little terment of his community, through the honor- creases awareness among legal residents evidence that OSHA is in a better position able profession of law enforcement. On Feb- about the importance of becoming a citizen. than state and local authorities to investigate ruary 12, 1998, Paul Zanowic reached his 91st Moreover, it's encouraging to see volunteers incidents of workplace violence perpetrated by birthday. His commitment to public duty and return every year to contribute their time and either 3rd parties or co-workers, or that the public trust truly deserves recognition by effort. OSHA's involvement in those investigations this body. I am extremely thankful of the following vol- would help to bring the perpetrators to justice. Paul Zanowic started as a patrolman with unteers, groups and organizations who as- Nonetheless, I do want to underline a clari- the North Plainfield Police Department in sisted in making this event possible: Houston fication that OSHA made in its recent rec- 1931. After serving as the Office in Charge of Community CollegeÐNortheast Campus, Har- ommendations for late night retail establish- the Detective Bureau for eight years, he was ris County Constable Victor Trevino, Immigra- ments. It is my understanding from both the elevated to Chief of Police in North Plainfield, tion and Naturalization Service, United States actual text of OSHA's final recommendations, New Jersey, in 1960, which is in my Congres- Postal Service, Houston Industries, League of as well as from comments made by OSHA of- sional district. Beginning in 1967, he was United Latin American Citizens, National Asso- ficials, that its recommendations are not a new elected to four straight terms by the citizens of ciation of Latino Elected Officials, Hispanic standard or regulation, and do not create any Somerset County to serve as their Sheriff. He Women in Leadership, Rio Posada Res- new OSHA duties, and that an employer's de- retired from law enforcement in 1980. His ten- taurant, Fiesta Mart, Inc., Hispanic Organiza- cision not to adopt any of the recommenda- ure as Chief of Police was marked by his be- tion of Postal Employees, Houston Coca Cola tions will not be deemed evidence of a viola- coming President of the New Jersey State As- Bottling Co., Pizza Hut, Chase Bank, tion of the General Duty Clause in section sociation of Chiefs of Police and he has the TelemundoÐChannel 48, UnivisionÐChannel 5(a)(1) of the Occupational Safety and Health honor of being the first Chief ever elected to 45, College Democrats @ University of Hous- Act. To quote OSHA's recommendations di- office in the Association from Somerset Coun- ton, Quan, Burdette & Perez, Attorneys at rectly, ``These recommendations do not im- ty. He was past president of the North Plain- Law, Esther Alaniz, Alicia Almendariz, David pose, and are not intended to result in, the im- field Police Benevolent Association, and re- Airhart, Artie Blanco, Delia Barajas, Debra position of any new legal obligations or con- ceived an honorary lifetime membership in the Barnes, Yasmine Cadena, Mary Closner, straints on employers or the states.'' New Jersey State PBA. Mitchell Contreras, Romero Cruz, Hector De Mr. Speaker, a great many employers in the Mr. Speaker, distinguished colleagues, Leon, Anselmo Davila, Armando Entenza, Ar- late night retail industry have worked hard to please join me in honoring the dedication of thur Flores, Charles Flores, Dr. Margaret Ford, develop violence prevention programs that Paul C. Zanowic. His record of public service Celia Garcia, Cyndi Garza, Juan Garcia, Rosa may not conform to all of OSHA's rec- should serve as a model for the citizens of our Garcia, Reynaldo Garza, Victor Gonzalez, ommendations. It is my understanding that nation. Juana Gonzalez, Priscilla Gonzalez, Manuel OSHA's recent ``recommendations'' are in- f Gonzalez, Mary Guerrero, Rebecca Guerrero, tended as suggestions to late night retailers of Joe Granados, Ben D. Huynh, Ana Maria a variety of steps that may be taken as part LAWRENCE MEINWALD, OUT- Lopez, Dorothy Ledezma, Alfred Martinez, of such violence prevention programs. The STANDING CITIZEN OF GOSHEN, John Martinez, Benny Martinez, Margaret particular recommendations in the April 28 NEW YORK Mata, Edward Melendez, Josephine Mendoza, OSHA document are not intended to create John Meyer, Diana Morales, Sally Morin, Mer- any legal obligation, duty or consequence. HON. BENJAMIN A. GILMAN cedes Nassar, Janie Munoz, Frances Munoz, Mr. Speaker, workplace violence, like vio- OF NEW YORK Art Murillo, Ana Nunez, Sandra M. Orellana, lence throughout our society, is a serious IN THE HOUSE OF REPRESENTATIVES Juan Padilla, Cesar De Paz, Richard Perez, problem. Employers in all sectors of the econ- Friday, June 19, 1998 Candy Perez, Andre Rodriguez, Jesse P. Ra- omy are taking steps to prevent violence mirez, Francisco Rodriquez, Mayor Cipriano against their employees, whether it be vio- Mr. GILMAN. Mr. Speaker, I rise today to Romero, Juana Rosales, Rosa Ruelas, lence perpetrated by 3rd parties or by disgrun- call to the attention of our colleagues the birth- Yeannett Salazar, Thomas Sanchez, Olga tled and disturbed employees. I commend day of an outstanding American and resident Soliz, Diana Trevino, Marco Torres, Vera OSHA for clarifying that its recommendations of the Town of Goshen, New York, Lawrence Vasquez, Suzanne Villareal, Patricia Valdez, do not impose new legal duties on employers Meinwald. Today, Mr. Meinwald celebrates his Ralph Vazquez, and Shahid Waheed. but are intended to provide employers with 84th birthday, and I want to take this oppor- f suggestions and recommendations of steps tunity to share with our colleagues the remark- that employers may consider as part of their able life story of this incredible person. OSHA WORKPLACE VIOLENCE own efforts to reduce the likelihood of violence Mr. Meinwald came to the United States in RECOMMENDATIONS occurring against employees in their work- 1920 as a young boy from Warsaw, Poland. places. His first ten days in America were spent at HON. CASS BALLENGER f Ellis Island while waiting to enter our nation. OF NORTH CAROLINA Ellis Island had such a strong impact on him A TRIBUTE TO MR. PAUL C. IN THE HOUSE OF REPRESENTATIVES that he decided to make New York State his ZANOWIC home, and remains unpersuaded by the re- Friday, June 19, 1998 cent ruling reverting Ellis Island to New Jer- Mr. BALLENGER. Mr. Speaker, the Occupa- HON. BOB FRANKS sey. tional Safety and Health Administration re- OF NEW JERSEY Larry Meinwald, along with his wife, Caro- cently issued a document called ``Rec- IN THE HOUSE OF REPRESENTATIVES lyn, have made lasting contributions to their ommendations for Workplace Violence Pre- adopted home of Goshen, New York. Chief vention in Late-Night Retail Establishments.'' Friday, June 19, 1998 among these contributions has been the com- Although workplace violence is an issue that Mr. FRANKS of New Jersey. Mr. Speaker, I plete restoration of eight commercial buildings we are all concerned about, I and many of my rise today to pay tribute to Mr. Paul C. in the Village of Goshen, all which preserve colleagues have serious reservations about Zanowic, who served as a law enforcement of- the historic nature of the area. OSHA's involvement in this issue. In Septem- ficer in Somerset County, New Jersey for fifty Mr. Meinwald's most recent restoration is ber 1996, more than 100 members of the years. that of an office building at the very spot at House of Representatives wrote to then As- President Warren G. Harding once said, which the former Erie and Western Railroad sistant Secretary for OSHA, Joseph Dear, re- ``Whenever a man contributes to the better- had the initial trip on what proved to be a long E1182 CONGRESSIONAL RECORD — Extensions of Remarks June 19, 1998 and fruitful era. During that period Goshen They have gained the respect of the listen- to families and individuals, who because of served as a major rail distribution center. In ing audience by reporting on those issues im- poverty, hopelessness, location, immigration recognition of this important maiden run, portant to the community. Issues such as status, mental or physical illness, face unique George M. Lyons, the Mayor of Goshen, has AIDS, alcohol abuse, drunk driving, and crime and difficult obstacles to receiving needed named the street ``Railroad Avenue.'' are addressed by the association and relayed services through more traditional channels. Mr. Speaker, I invite our colleagues to join to the public through public service cam- The Madison Street Clinic serves the most with me in extending birthday greetings and paigns. Our youth are significantly affected by ethnically diverse community in the State and our best wishes to this outstanding American what they hear over the radio, and based every month more than 600 patients walk citizen, Mr. Lawrence Meinwald. upon the outstanding job by the NJBA, they through the clinic doors for care. f are being steered in the right direction. In ad- In addition, in 1997, Steve helped open the dition, emergency closings of businesses and Clarke Square Family Health Center, the Mid- FATHER’S DAY schools as well as local weather crises are re- west's first medical clinic to operate in a gro- ported by stations through the NJBA. cery store. The clinic, located in the neighbor- HON. RON PACKARD New Jersey radio and TV stations, through hood Pick 'N Save, is open seven days a OF CALIFORNIA the good work of the NJBA, do so much good week and provides both primary and urgent IN THE HOUSE OF REPRESENTATIVES work each and every day to assist in the im- care to patients who live in the area. Truly Friday, June 19, 1998 provement of the community. All events and ``one-stop shopping,'' Clarke Square provides activities that they work on, no matter what the a safe environment in the central city for indi- Mr. PACKARD. Mr. Speaker, I rise today to size, are important to the citizens of New Jer- viduals to receive primary and urgent care honor our nation's fathers. As all of us are sey. services right in the grocery store. aware, this Sunday, June 21 is Father's Day. Mr. Speaker, I would like to take this oppor- Through the efforts of Steve Ohly, countless While Father's Day is a relatively new holiday, tunity to thank Phil Roberts and the entire homeless and unemployed Milwaukeeans are originating in the early part of this century, NJBA for their continuous excellent work and given needed medical care and a chance to there is no limit to the amount of respect and wish them every future success in keeping the lead more healthy and productive lives. I con- honor we have shown our fathers over the citizens of New Jersey educated and in- gratulate Steve and thank him for his tireless years. formed. dedication and service to our great city. Mr. In 1909, a daughter thought of the idea of f Speaker, I ask that you, and the other Mem- Father's Day. She and her five siblings had bers, join with me in honoring Steve for his been raised by her father after their mother PERSONAL EXPLANATION commitment to his community and acknowl- died. She wanted to honor her father, realizing edge his admirable service as a role model to as she reached adulthood how much he had HON. ANNA G. ESHOO our entire Nation. sacrificed for her and her brothers and sisters. OF CALIFORNIA f The concept of Father's Day was born. IN THE HOUSE OF REPRESENTATIVES Our parents often teach us many things INTRODUCTION OF RESOLUTION about life that we don't realize at the time of Friday, June 19, 1998 REGARDING PROTECTING FUNC- the lesson; however, slowly we metamorphose Ms. ESHOO. Mr. Speaker, I was unavoid- TION PRIVILEGE into this person that ``becomes like our par- ably detained on June 16, as United Flight ent.'' I still live and remember many of the les- #200, scheduled to depart San Francisco at 8 HON. TOM DeLAY sons my own father taught me. My father was am did not depart until 10 am due to mechani- OF TEXAS one of the most honest, loving, men of integ- cal difficulties. I landed at Dulles International IN THE HOUSE OF REPRESENTATIVES rity I have ever known. He taught me the Airport at 5:34 pm, and therefore missed Roll- Friday, June 19, 1998 value of hard work, and of a faith born not of call votes 232 and 233. Had I been present I words, but deeds. I couldn't have asked for a would have voted ``aye'' on both. Mr. DELAY. Mr. Speaker, today I am intro- better example of all that is good in a man, f ducing a resolution expressing the sense of than the example of my dad. the House of Representatives that President Mr. Speaker, again, I rise today to extend A TRIBUTE TO STEVE OHLY—1998 Clinton should immediately withdraw his ap- my gratitude to those fathers in our nation who ROBERT WOOD JOHNSON FOUN- peal of the U.S. District Court for the District remember the job they have and keep the DATION COMMUNITY HEALTH of Columbia's recent decision rejecting the promises made to their children. LEADER fabricated ``protective function privilege.'' f Judge Johnson correctly observed that this HON. GERALD D. KLECZKA new privilege, which would prevent Secret RECOGNIZING THE EFFORTS OF OF WISCONSIN Service agents from testifying, is not based in THE NEW JERSEY BROAD- IN THE HOUSE OF REPRESENTATIVES the Constitution, statute or common law. In CASTERS ASSOCIATION short, there is no legal basis for a protective Friday, June 19, 1998 function privilege. HON. MICHAEL PAPPAS Mr. KLECZKA. Mr. Speaker, one of the The fact that this administration would as- OF NEW JERSEY greatest pleasures of serving in Congress is sert such a specious privilege is deeply trou- IN THE HOUSE OF REPRESENTATIVES the opportunity to recognize the exceptional bling for a number of reasons. First, the presi- individuals of our Nation. Today, I rise to pay dent has apparently decided, contrary to his Friday, June 19, 1998 tribute to one such person, my constituent public pronouncements, that he will not co- Mr. PAPPAS. Mr. Speaker, I rise today in Steve Ohly, for his many contributions to the operate with the grand jury investigation. I re- recognition of the New Jersey Broadcasters City of Milwaukee, Wisconsin. Recently, Steve call President Clinton looking the American Association whose outstanding work has af- was recognized by the Robert Wood Johnson people in the eye and proclaiming that the fected the lives of many of my constituents. Foundation Community Health Leadership ``American people have a right to get an- They have truly served the public interest in Program as one of ten outstanding American swers'' regarding questions about the Monica the communities of New Jersey, and for this I leaders who have found innovative ways to Lewinsky investigation? He said it was his in- commend them. bring health care to communities whose needs tention to supply more information rather than Broadcasters have a mandate to serve the have been ignored and unmet. less, sooner rather than later. Does any one public interest of the communities in which I would like to offer my congratulations to recall his promise to give ``as many answers they operate. Given the diversity of commu- Steve on his receipt of this distinguished as we can, as soon as we can, at the appro- nities in New Jersey as well as in the entire award and to take this time to touch on his ac- priate time, consistent with our obligation to United States, there are a multitude of needs complishments. Steve, a nurse practitioner by also cooperate with the investigations.'' to be addressed over the public airwaves. trade, was instrumental in founding the Madi- Instead, the President has decided to hide Whether it be public service announcements, son Street Outreach Clinic on Milwaukee's behind an army of lawyers, most of whom are public affairs programs, or the communications south side in 1994. From the outset, the Madi- paid with taxpayer money. President Clinton of other various community issues, the NJBA son Street Outreach Clinic has been a wel- and his attorneys have decided to throw as has educated and involved the citizens of New come and open door for the city's uninsured many legal obstacles in front of the investiga- Jersey in a unique way. and homeless. The clinic provides health care tion as possible. They have apparently been June 19, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1183 instructed to go so far as to claim the newly Whereas no administration has ever sought by government officers and employees to the fabricated ``protective function privilege.'' The congressional enactment of a protective attorney general. . . . Secret Service em- Attorney General should be ashamed that she function privilege; ployees are not only executive branch per- Whereas Chief Judge Norma Holloway is now part of the conspiracy of obstruction sonnel subject to 535(b), but they are also Johnson refused to establish a protective law enforcement officers.’’ and silence. function privilege (Grand Jury Proceedings at (4) Wrote Judge Johnson: ‘‘The court is not Mr. Speaker, I am also concerned about the 9) and correctly noted such claims should be ultimately persuaded that a president would assertion of this privilege because of the sig- made to Congress, not to the courts (Grand put his life at risk for fear that a Secret nal it sends across America. President Clinton Jury Proceedings at 4); Service agent might be called to testify be- is demonstrating that if one has enough Whereas the Attorney General, who is the fore a grand jury’’ on a rare occasion. money and power, one can use the legal sys- Nation’s chief law enforcement official, In all respects, the judge’s ruling was tem to delay, obstruct, and avoid accountabil- should not assert claims of privilege, such as sound and correct. Only Mr. Clinton’s most ity. The President is willing to abuse America's the protective function privilege, that have vapid defenders can believe that ‘‘the presi- justice system to avoid coming clean with the no basis in law and the assertion of which dency’’ is somehow harmed by calling upon substantially delays the work of the grand Secret Service agents to tell the truth about American people. Like so many of his liberal jury; possible felonious actions. friends, the President and his lawyers urged Whereas former Attorneys General Barr, the court to legislate a new law where there Thornburgh, Meese, and Bell encouraged At- [From the Tampa Tribune, May 23, 1998] was none. That is not the appropriate use of torney General Reno to forego appealing the our court system. Only Congress can make district court’s decision because they believe SECRET SERVICE AGENTS AND THE LAW new laws in this area as Judge Johnson so the decision was ‘‘legally and historically In plenty of palaces in the backwaters of aptly noted. If the President is so concerned well-founded,’’ and ‘‘any appeal would likely the world, a dictator’s bodyguards never tes- tify against the boss. It is outrageous that about harm to himself or the Secret Service, result in an opinion that would only magnify the precedential damage to the Executive such an issue should even be under debate he should propose legislation to Congress not Branch’’ (Letter from Professor Jonathan here. abuse our judicial system. Turley to Attorney General Reno, May 25, Yet the Justice Department is arguing Mr. Speaker, I urge the President to direct 1998); and that Secret Service agents assigned to pro- the Attorney General to immediately withdraw Whereas the Attorney General has ap- tect the president shouldn’t be allowed to her appeal of Judge Johnson's correct deci- pealed the district court’s decision: Now, answer questions by the special prosecutor sion. The time has come for the President to therefore, be it investigating possible obstruction of justice fulfill his commitment to the American people. Resolved, That it is the sense of the House in the Monica Lewinsky episode. I also ask that the resolution, various edi- that the President of the United States, if he The White House argues that if Secret torials, and a letter from Professor Jonathan believes such a policy is warranted, should Service agents had to tell what they might have seen while guarding the president, it Turley on behalf of former Attorneys General submit to the Congress proposed legislation which would establish a protective function would destroy their ‘‘relationship’’ with him Barr, Thornburgh, Meese, and Bell be in- privilege and also direct the Attorney Gen- and damage their ability to protect him. The cluded in the RECORD immediately following eral to immediately withdraw the appeal of president would ‘‘push the agents away,’’ this statement. the district court’s decision in the matter says Justice Department lawyer Gary H. RES.— styled In Re Grand Jury Proceedings, Misc. Grindler. That assumes the president is doing things Whereas the Office of the Independent No. 91–148 (NHJ), redacted version, (D.D.C. he wouldn’t want a grand jury to know Counsel and a Federal grand jury are inves- May 22, 1998). about. Requiring agents to see no evil would tigating allegations of personal wrongdoing require them to help obstruct justice, which and possible crimes in the White House; [From the Las Vegas Review-Journal, May is to say make them assist their boss in the Whereas certain Secret Service agents as- 27, 1998] serted a ‘‘protective function privilege’’ and commission of a crime. For officers sworn to PHANTOM ‘‘PRIVILEGE’’ refused to answer questions before a Federal uphold the law, such a position is untenable. grand jury (In Re Grand Jury Proceedings, By now, everybody who follows the White Whitewater prosecutor Kenneth Starr is Misc. No. 91–148 (NHJ), redacted version at 1, House scandals knows that a federal judge right that absolutely nothing in federal law (D.D.C. May 22, 1998) (hereinafter referred to has shot down the groundless claim that Se- allows for such a privilege. In our form of as ‘‘Grand Jury Proceedings’’)); cret Service agents enjoy some special government, no one is above the law. Starr Whereas ‘‘n]one of the questions at issue ‘‘privilege’’ which shields them from having points out that federal law actually requires relate to the protective techniques or proce- to testify in court proceedings. employees of the executive branch to report dures of the Secret Service’’ (Grand Jury Arguing on the president’s behalf, the Jus- any evidence of a crime. Proceedings at 1); tice Department contended that compelling Even the president himself can be subpoe- Whereas Federal Rule of Evidence 501 pro- Secret Service agents to testify would dam- naed to testify. Surely his bodyguards don’t vides that evidentiary privileges ‘‘shall be age the relationship between the president deserve more protection than he does. governed by the principles of the common and the agents assigned to protect him and If the president, in his desperation to avoid law as they may be interpreted by the Courts would put the president’s life, and those of embarrassment or worse, is allowed to turn of the United States in the light of reason future chief executives, in jeopardy. the Secret Service into the Silent Service, and experience’’; Last week, federal district court judge he will have done the country a great dis- Whereas the Supreme Court has inter- Norma Holloway Johnson ruled that Secret service. preted Rule 501 to require courts to consider Service agents enjoy no immunity from tes- whether the asserted privilege is historically tifying—no ‘‘privilege’’ whatsoever under [From the Washington Times, May 26, 1998] rooted in Federal law, whether any States law, precedent, tradition or even the rules of have recognized the privilege, and public pol- common sense. THE PRESIDENT’S TOUGH TIMES IN COURT icy interests (Grand Jury Proceedings at 2, cit- Judge Johnson’s decision is worth examin- Things certainly have all been going Ken- ing Jaffee v. Redmond, 518 U.S. 1, 12–15 (1996)); ing further because it helps expose the White neth Starr’s way, legally speaking, in his at- Whereas the Supreme Court has empha- House ‘‘privilege’’ ploy for what it was: the tempts to carry out a thorough investigation sized that it is ‘‘disinclined to exercise [its] latest in a host of tactical moves designed of possible perjury, subornation of perjury authority [under Rule 501] expansively’’ not to ‘‘protect the presidency’’—as Mr. Clin- and obstruction of justice by Bill Clinton, (University of Pennsylvania v. EEOC, 493 U.S. ton’s more simple-minded apologists would Vernon Jordan and Monica Lewinsky. 182, 189 (1990)) and has cautioned that privi- have it—but to delay, to obfuscate and to U.S. District Judge Nora Holloway John- leges ‘‘are not lightly created nor expan- keep the president’s fat out of the fire for as son found in Mr. Starr’s favor when she re- sively construed, for they are in dereogation long as possible. jected the demonstrably preposterous White of the search for truth’’ (U.S. v. Nixon, 418 In her ruling, Judge Johnson found: House claim that conversations Mr. Clinton U.S. 683, 710 (1974)); (1) The Constitution says nothing and im- had with aides Bruce Lindsey and Sidney Whereas the district court found ‘‘no con- plies nothing about any such privilege for Blumenthal about how to deal with the stitutional basis for recognizing a protective the Secret Service. President’s Lewinsky problem were covered function privilege,’’ ‘‘no history of the privi- (2) Nowhere in U.S. history or custom or by executive privilege. lege in Federal common or statutory law,’’ common law—or in the law of any state as Judge Johnson also came down on Mr. ‘‘[n]o State [recognition of] a protective regards protection for governors—is there Starr’s side in rejecting Miss Lewinsky’s function privilege or its equivalent,’’ and any basis for such a claim. claim that Mr. Starr had made an immunity ‘‘the policy arguments advanced by the Se- (3) Not only did Congress not give the Se- deal with her on which he then reneged. An cret Service are not strong enough to over- cret Service immunity from testifying, appeals court last week refused to overturn come the grand jury’s substantial interest in Judge Johnson wrote in reference to the that decision, which leaves Miss Lewinsky obtaining evidence of crimes or to cause this United States Code, ‘‘under section 535(b), with the delicate task of squaring her sworn Court to create a new testimonial privilege’’ Congress imposed a duty on all executive testimony that she and Bill Clinton had no (Grand Jury Proceedings) at 3, 6–9; branch personnel to report criminal activity sexual relationship with her statements on E1184 CONGRESSIONAL RECORD — Extensions of Remarks June 19, 1998 the Linda Tripp tapes that she had indeed the view of former Attorneys General Wil- general claim of privilege that is not di- had such a relationship, that she was pre- liam P. Barr, Griffin B. Bell, Edwin Meese rectly tied to specific presidential commu- pared to lie about it in her sworn deposition, III, and Richard L. Thornburgh. nications or policy processes, and (2) a re- and that she hoped Mrs. Tripp would do the It is the collective view of the former At- fusal to supply information in criminal in- same. torneys General that the decision of Chief quiries as a matter of common law. And, putting another chink in the Clin- Judge Norma Holloway Johnson was legally Not only is there an absence of any prior tons’ stone wall, last week Judge Johnson and historically well-founded. Moreover, any judicial recognition of this privilege, the agreed with Mr. Starr that there is no legal appeal would likely result in an opinion that proposed privilege would conflict with the basis for granting a hitherto unheard of would only magnify the precedential damage traditional view of the obligations of federal ‘‘protective function privilege’’ to Secret to the Executive Branch. While Secret Serv- employees in supplying information in Service agents who guard the president, and ice Director Lewis Merletti has already stat- criminal proceedings. As noted by the United that the state’s interest in gathering evi- ed his intention to appeal this matter to the States Court of Appeals for the Eighth Cir- dence in a criminal case must outweigh United States Supreme Court, it falls to you cuit in In re: Grand Jury Subpoena Duces qualms about any damage that might be and Solicitor General Seth Waxman to make Tecum, 112 F.3d 910, 919 (8th Cir. 1997) (citing done to the trust between a president and his such a decision. For the reasons stated 28 U.S.C. § 535(b)(1994)) ‘‘executive branch em- guards. Actually, Judge Johnson cut right to below, the former Attorneys General encour- ployees, including attorneys, are under a the heart of the issue in the particular case age you to exercise your authority to forego statutory duty to report criminal wrong- of this particular president. an appeal in this matter. doing by other employees to the Attorney ‘‘The court is not ultimately persuaded,’’ The former Attorneys General take no po- General.’’ Courts have repeatedly stressed wrote the judge, ‘‘that a president would put sition on the merits or underlying allega- that law enforcement personnel have an obli- his life at risk for fear that a Secret Service tions of this investigation. However, the gation running to the public to disclose any agent might be called to testify before a former Attorneys General have watched the evidence of crime and the failure to do so grand jury about observed conduct or over- on-going confrontation between the White would be grounds for removal, or even pros- heard statements. . . . When people act with- House and the Office of the Independent ecution, in some circumstances. in the law, they do not ordinarily push away Counsel with increasing unease and concern. While the proposed privilege refers to the those they trust or rely upon for fear that As the investigation becomes more em- protective function of the Secret Service, it their actions will be reported to a grand broiled in claims of executive privilege, the is important to note that the actual physical jury. . . . It is not at all clear that a presi- danger of lasting and negative consequences protection of the President, and information dent would push Secret Service protection for both the Executive Branch and the legal relevant to protective functions, is not at away if he were acting legally or even if he system has grown considerably. In an area risk of disclosure. Existing common law with little prior litigation, we have already privileges and statutory sources protect se- were engaged in personally embarrassing seen a series of new rulings on issues ranging curity-related information. Most security-re- acts. Such actions are extremely unlikely to from attorney-client privilege to presi- lated documents and information would be become the subject of a grand jury investiga- dential communications to civil liability of easily shielded from disclosure under the tion.’’ In other words, as has been suggested be- sitting Presidents. While many of these rul- military and state secrets privilege. In addi- fore in this space, a president could feel free ings were not unexpected, they constitute tion to this established privilege, classifica- to do a lot of things in front of his Secret significant limitations for future presidents. tion laws impose heavy restrictions and pro- Service detail—short of breaking the law, Despite their unease, the former Attorneys cedures for the disclosure of such informa- that is—without conjuring up the spectre of General have avoided any direct involvement tion. Thus, the protective function privilege the grand jury. Only a president who had in the crisis and waited for the decision of would not serve any direct protective func- broken the law would have reason to worry the trial court in the hope that an appeal tion in the withholding of sensitive informa- that the agents guarding him might be asked would not be taken after the widely antici- tion. Ironically, as to non-security related infor- to testify against him. pated rejection of the proposed privilege. As you know, during their service over the mation, the proposed privilege cannot pos- President Clinton himself, clearly dis- last two decades for both Democratic and sibly achieve its objective of assured con- traught about the ruling, warned that it Republican administrations, the former At- fidentiality since it shields only a small per- would have a ‘‘chilling’’ effect—and went on torneys General have played central roles in centage of the federal employees who wit- to commit the kind of inadvertent honesty the development of executive privilege prin- ness presidential communications and con- that may be becoming a habit (such as his ciples and advocated the rights of the Execu- duct. Specifically, the proposed privilege statement at his recent press conference tive Branch on numerous occasions. While would not prevent the identical communica- that he is the last person in the world who strong supporters of executive privilege, tions from being revealed by legal staff, po- ought to comment on the question of char- they feel equally strongly that such privilege litical staff, administrative staff, household acter). Thinking to chastise Mr. Starr for de- claims must be carefully balanced and cau- staff, retired security staff, or state or local manding Secret Service testimony, the tiously invoked in litigation. Certainly, such security officers. For example, in the Oval president said after the ruling, ‘‘I don’t claims should not suddenly emerge from the Office, a pantry is staffed by employees who think anyone ever thought about [Secret fog and frenzy of litigation with no histori- can be (and have been) called as witnesses in Service agents testifying] because no one cal antecedent or legal precedent. In adopt- criminal investigations. As public employ- ever thought that anyone would ever abuse ing such common law privileges, the Su- ees, these employees must give relevant tes- the responsibility that the Secret Service preme Court relies upon ‘‘historical ante- timony to criminal investigators. Likewise, has to the president and to the president’s cedents’’ and evidence that the privilege is White House lawyers, secretaries, and ad- family. . . . But we’re living in a time which ‘‘established’’ and ‘‘indelibly ensconced in ministrative staff can be (and have been) is without precedent, where actions are our common law.’’ United States v. Gillock, 445 called to testify in criminal investigations. being taken without precedent, and we just U.S. 360, 366, 368 (1980). Accordingly, common These ‘‘unprivileged’’ employees would hear have to live with the consequences.’’ Mr. Clinton and his various legal problems law privileges develop slowly within the fed- the same communications presumably over- in a nutshell, no? eral system through general acceptance and heard by Secret Service agents. Even secu- recognition. Judge Benjamin Cardozo de- rity staff would not be completely barred scribed this gradual process as developing from disclosures under a protective function GEORGE WASHINGTON UNIVERSITY, ‘‘inch by inch’’ and ‘‘measured . . . by dec- privilege. The President is often guarded by LAW SCHOOL, ades and even centuries.’’ Benjamin N. a host of state and federal law enforcement Washington, DC, May 25, 1998. Cardozo, The Nature of the Judicial Process personnel beyond the relatively small con- Hon. JANET RENO 25 (1921). tingent of Secret Service personnel. As a re- Attorney General of the United States, In comparison, rather than developing a sult, this proposed privilege would achieve U.S. Department of Justice, Washington, DC. new privilege by precedential inches, the little in terms of added guarantees of non- DEAR MADAM ATTORNEYS GENERAL: I am proposed protective function privilege rep- disclosure for the President but would writing on behalf of four former United resents a great leap—in the wrong direction. change much of our traditional view of the States Attorneys General, who have asked This proposed privilege was suddenly crafted Secret Service and its function. me to assist them in the on-going con- to meet the immediate demands of a crimi- In the end, all that will be achieved is an troversy over the proposed ‘‘protective func- nal investigation. Rather than offering ‘‘his- alarming anomaly in which every public em- tion privilege.’’ In deference to the Court and torical antecedents,’’ the proposed privilege ployee in the White House, from office sec- your office, the former Attorneys General would spring fully grown without prior rec- retaries to cabinet secretaries, would be re- have been highly circumspect in their public ognition or development in the common law. quired to give evidence of criminal conduct statements on this issue despite their strong Rather than emerge through general accept- with the sole exception of the law enforce- concerns about the proposed privilege. After ance, the privilege would be created amidst ment officers stationed at the White House. the May 22, 1998 decision by the Court, how- sharp divisions and opposition among the Only the personnel trained to enforce federal ever, these concerns have become more acute Bar and legal academics. Moreover, a protec- law would be exempt from the most basic with the possible appeal of the decision re- tive function privilege appears to be de- fulfillment of public employment. This jecting the proposed privilege. It is to the signed to permit what is expressly disavowed would be a considerable, but hardly a com- question of an appeal that I wish to convey in established privileges, specifically (1) a mendable, achievement. June 19, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1185 The proposed privilege would be equally ELLIS ISLAND MEDALS OF HONOR Antigone Agris, Hellenic, Business Leader. unique in its invocation and application. Un- AWARDS CEREMONY Ace (Armando) Alagna, Italian, Publisher. like the standard executive privilege pro- John B. Alfieri, Esq., Italian, Attorney. tecting presidential communications, the John A. Allison IV, Scottish/Irish, Business proposed privilege would be invoked by the HON. DAN BURTON Leader. Secretary of the Treasury rather than the OF INDIANA John A. Amos, African, Actor/Playwright. President of the United States. Not only IN THE HOUSE OF REPRESENTATIVES Ernie Anastos, Hellenic, News Journalist/ Author. would the new privilege invest this single Friday, June 19, 1998 cabinet officer with unique and troubling au- Thomas V. Angott, Italian, Business Lead- thority, it allows a political appointee of a Mr. BURTON of Indiana. Mr. Speaker, I er. Michael S. Ansari, Iranian, Business Lead- President to create a major barrier to a submit the following: er. criminal investigation that is, by statute, ELLIS ISLAND MEDALS OF HONOR AWARDS Norman R. Augustine, German, Business meant to be independent of the Executive CEREMONY—NECO CHAIRMAN WILLIAM Leader/Educator. Branch. Morrison v. Olson, 487 U.S. 654, 661 DENIS FUGAZY LEADS DRAMATIC CEREMONY William J. Avery, Irish/Welsh, Business (1988). Such exclusive and unilateral author- DEDICATD TO LATE MEDAL RECIPIENT, ERIC Leader. ity claimed by the Secretary of the Treasury BREINDEL AND LINDA EASTMAN MCCARTNEY Farhad Azima, Persian, Business Leader. is completely unprecedented and unantici- Ellis Island, NY, May 9—Standing on the Brian M. Barefoot, English/German, Com- pated in our history. hallowed grounds of Ellis Island—the portal munity Leader. Even if successful on appeal, this privilege through which 17 million immigrants en- Archbishop Khajag Barsamian, Armenian, would be secured at a tremendous and pro- tered the United States—a cast of ethnic Religious Leader. hibitive cost for the traditions of the Secret Americans who have made significant con- George D. Behrakis, Hellenic, Business Service. Created as a law enforcement agen- tributions to the life of this nation, among Leader. cy, the new privilege would shift an obliga- them Senator George Mitchell; New York Hon. Joseph W. Bellacosa, Italian, Judge of tion running currently to the public in favor Times photojournalist Dith Pran; College the Court of Appeals. of an obligation running to the personal Football’s All-Time Winningest Coach Eddie Francis X. Bellotti, Italian, Attorney. household of the President. This creates a Robinson; and the U.S. Olympic Women’s Eric A. Benhamou, French, Business Lead- unit more closely analogized to a Praetorian Hockey Team today were presented with the er. or palace guard and introduces a dangerous coveted Ellis Island Medal of Honor at an Michael Berry, Esq., Lebanese, Community Leader. ambiguity for law enforcement officers. Se- emotionally uplifting ceremony. Albert C. Bersticker, German, Corporate cret Service agents are law enforcement pro- NECO’s annual medal ceremony and recep- Executive. fessionals, not members of a personal house- tion on Ellis Island in New York Harbor is Elias Betzios, Hellenic, Community Lead- hold guard. Moreover, a new privilege would the Nation’s largest celebration of ethnic pride. This year’s event was dedicated to the er. create a legal morass for future cases for Thomas R. Bolling, Swedish, Business other law enforcement officers. Federal law memory of Eric Breindel, a 1994 Ellis Island Medal recipient and Linda Eastman Leader. enforcement Officers, including United Frank J. Branchini, Irish/Italian, Business States Marshals, currently guard hundreds McCartney. Representing a rainbow of ethnic origins, Leader. of dignitaries, judges, and other officials. this year’s recipients received their awards John G. Breen, Scottish/Irish, Business The status and controlling duties of these in- in the shadow of the historic Great Hall, Leader. dividuals would become hopelessly and dan- where the first footsteps were taken by the Duncan A. Bruce, Scottish, Author/Com- gerously ambiguous under a protective func- millions of immigrants who entered the U.S. munity Leader. tion privilege. Currently, there is a clear line in the latter part of the nineteenth century. Michael G. Cantonis, Hellenic, Business for protective personnel. Their jobs require ‘‘Today we honor great ethnic Americans Leader. them to protect the physical safety of those who, through their achievements and con- Louis J. Cappelli, Italian, Business Leader. officials in their care but their status as law tributions, and in the spirit of their ethnic Hon. Richard Conway Casey, Irish, United enforcement officers require them to share origins, have enriched this country and have States District Court Judge. any relevant criminal evidence. This has become role models for future generations,’’ Robert B. Catell, Italian, Business Leader. been a bright-line rule under which federal said NECO Chairman William Denis Fugazy. William Cavanaugh III, Irish, Business enforcement personnel have served for many ‘‘In addition, we honor the immigrant expe- Leader. Jerry D. Choate, English, Business/Com- decades without objection. rience—those who passed through this Great munity Leader. Hall decades ago, and the new immigrants The common law cannot guarantee a Presi- Christopher Christodoulu, Cypriot, Educa- who arrive on American soil seeking oppor- dent that his conduct will never be the sub- tor/Lecturer. tunity.’’ ject of criminal investigation. However, few Dr. Kenneth A. Ciongoli, Italian, Commu- Mr. Fugazy added, ‘‘It doesn’t matter how Presidents have ever been the subject of nity Leader. you got here or if you already were here. criminal allegations and even fewer have E. Virgil Conway, Irish, Public Official. Ellis Island is a symbol of the freedom, di- faced criminal inquiries. The likelihood of Dr. Takey Crist, Hellenic, Community versity and opportunity-ingredients inherent future court-sanctioned inquiries into either Leader/Educator. in the fabric of this nation. Although many criminal or non-criminal conduct of the Karen Davis, Swiss/German, Philanthropic recipients have no familial ties to Ellis Is- President is extremely remote. In any area Leader. where a President may fear possible allega- land, their ancestors share similar histories Diane H. Dayson, African, Business Leader. tions of criminal conduct, the chilling effect of struggle and hope for a better life here.’’ Theodore Deikel, Russian, Business Lead- Established in 1986 by NECO, the Ellis Is- of a criminal inquiry would be a positive, not er. a negative, influence. Put simply, it is not in land Medals of Honor pay tribute to the an- George J. Delaney, Irish, Business Leader. the public’s interest for their President to cestry groups that comprise America’s Hon. Gustave Diamond, Hellenic, Justice. feel comfortable discussing possible criminal unique cultural mosaic. To date, approxi- Jim Donald, Irish, Business Leader. mately 1000 ethnic American citizens and na- information in front of any public servant, Lewis Robert Elias, M.D., Lenanese, Medi- tive Americans have received medals. let alone a law enforcement officer. cal Practitioner. NECO is the largest organization of its Victor Elmaleh, Moroccan, Business Lead- The former Attorneys General are deeply kind in the U.S. serving as an umbrella er. concerned about the inherent dangers in rec- group for 250 ethnic organizations and whose Pamela Fiori, Italian, Journalist. ognizing a special privilege for the Secret mandate is to preserve ethnic diversity, pro- Brian T. Gilson, Norwegian/German/ Service. To that end, the former Attorneys mote ethnic and religious equality, tolerance Italian, Business Leader. General have asked me to prepare an amici and harmony, and to combat injustice, ha- Richard H. Girgenti, Italian, Attorney. curiae brief opposing the privilege for their tred and bigotry. Bernice Gottlieb, Austrian/Hungarian, Ad- consideration, should an appeal be taken in Ellis Island Medal of Honor recipients are vocate for Children. this case. The immediate question, however, selected each year through a national nomi- Charlie N. Hall, Sr., African, Labor Leader. rests with your evaluation of the relative nation process. Screening committees from James F. Hardymon, English, Business merits and costs of an appeal from the NECO’s member organizations select the Leader. Court’s decision. There are clearly many final nominees, who are then considered by Derek C. Hathaway, English, Business/ competing interests weighing into the deci- the Board of Directors. Community Leader. sion of an appeal in the case. In making this 1998 ELLIS ISLAND MEDAL OF HONOR RECIPIENTS William Hetzler, German, Community decision, I hope that the unique perspective Anthony S. Abbate, Italian, Business Lead- Leader. of your predecessors will assist you in the er. John A. Holy, Slovak, Publisher. coming days. Hon. Gary L. Ackerman, Eastern Euro- Vahakn S. Hovnanian, Armenian, Business/ Respectfully, pean, Member of Congress. Community Leader. JONATHAN TURLEY, William H. Adkins, African, Business Lead- Darrell Edward Issa, Lebanese, Business Professor of Law. er. Leader. E1186 CONGRESSIONAL RECORD — Extensions of Remarks June 19, 1998 Robert M. Johnson, Swedish/English, Busi- Lee Miglin, (Posthumous). George D. Schwab, PH.D, Latvian, Foreign ness Leader. Alan B. Miller, Russian, Business Leader. Policy Leader. Mitchell J. Joseph, Italian, Business Lead- Hon. Patsy T. Mink, Japanese, Member of Steven Seagal, French Canadian/Italian, er. Congress. Actor/producer. Thomas Peter Kazas, Hellenic, Business Hon. George Mitchell, Lebanese/Irish, Sen- Tosano J. Simonetti, Italian, Business Leader. ator. Leader. Tita Scandalis Monti, Hellenic, Commu- Hon. John F. Keenan, French Canadian/ Amb. Richard Sklar, Russian/Hungarian, nity Leader/Philanthropist. Irish, U.S. District Judge. Ambassador to the U.N. William D. Moses, Syrian, Business/Com- Andrew Sokchu Kim, Korean, Business/ Orin R. Smith, English, Business Leader. Community Leader. munity Leader. Philip J. Smith, Irish, Business Leader. A. Eugene Kohn, European, Architect. Thomas J. Murphy, Irish, Community Alexander R. Koproski, Polish, Business/ Leader. William S. Stavropoulos, Hellenic, Busi- Community Leader. Mary Murphy, Irish, Television Journalist. ness Leader. Haralambos S. Kostakopoulos, Ph.D., Hel- John Francis O’Brien, Irish/Italian, Busi- Michael R. Steed, Irish, Business Leader. lenic, Business Leader. ness Leader. Pergrouhi (Najarian) Svajian, PhD., Arme- Thomas C. Kyrus, Cypriot, Business/Com- Cmdr. Timothy Stuart O’Leary, USN, nian, Educator. munity Leader. Irish/Croat, Naval Officer. Laszlo N. Tauber, M.D., Hungarian, Sur- Vincent V. LaBruna, DDS, Italian, Com- Harry J. Pappas, Hellenic, Business Lead- geon/Real Estate Investor/Philanthropist. munity Leader/Educator. er. Hon. Nicholas Tsoucalas, Hellenic, Judge. Carl F. Pascarella, Italian, Business Lead- Lee Liu, Chinese, Business Leader. Vincent Viola, Italian, Business Leader. Dr. Pamela Loren, Argentinean/English, er. Nicholas Anthony Penachio, Italian, Busi- Randi Weingarten, Russian/German, Labor Business Leader. ness Leader. Leader/Educator. William Losapio, Italian, Business Leader. James George Petheriotes, Hellenic, Com- Melvyn I. Weiss, Esq., Russian/Hungarian, Alan Barry Lubin, Russian, Labor Leader/ munity/Business Leader. Attorney. Educator. William G. Poist, German, Business Lead- H. Daniel Wenstrup, Danish, Business Leon Machiz, Russian, Business Leader. er. Leader. Hon. Carolyn B. Maloney, English/Irish/ Dith Pran, Cambodian, Photojournalist/ Siggi B. Wilzig, German/Prussian, Business French, Member of Congress. Lecturer. Leader/Holocaust Lecturer. Joseph L. Mancino, Italian, Business Lead- Leslie C. Quick, III, Irish, Business Leader. Margaret W. Wong, Chinese, Community er. Bradford J. Race, Jr., Irish/English, Sec- Leader. Frank G. Mancuso, Italian, Business Lead- retary to the Governor. er. John B. Yasinsky, Lithuanian, Business John G. Rangos, Sr., Hellenic, Business Leader. John Willard Marriott Jr., English, Busi- Leader. ness Leader. Zachariah P. Zachariah, M.D., Asian In- Michael T. Reddy, Irish, Business Leader. dian, Physician/Community Leader. Anthony A. Massaro, Italian, Business Ronald K. Richey, Swedish/Scottish/Irish/ Robert Thomas Zito, Italian, Business Leader. German, Business Leader. Leader. Fernando Mateo, Hispanic, Community P. Anthony Ridder, German/French, Busi- Leader. ness Leader. Past Ellis Island Medal of Honor recipients Joseph M. Mattone, Esq., Italian, Business John J. Rigas, Hellenic, Business Leader. have included several U.S. Presidents, enter- Leader. Eddie Robinson, African, College Foot- tainers, athletes, entrepreneurs, religious Col. William Surles McArthur, Jr., Scot- ball’s All-Time Winningest Coach. leaders and business executives, such as Wil- tish, Astronaut. Edward J. Robson, English, Business Lead- liam Clinton, Ronald Reagan, Jimmy Carter, Linda Eastman McCartney, (Posthumous). er. Gerald Ford, George Bush, Richard Nixon, Michael R. McCoy, Irish, Business Leader. Steven A. Rosenberg, MD, PhD, Eastern George Pataki, Mario Cuomo, Bob Hope, Bryan M. McGuire, Irish, Business Leader. European, Surgeon/Scientist. Frank Sinatra, Michael Douglas, Gloria Josie Anderson McMillian, African, Labor Robert J. Rotatori, Esq., Italian, Attorney/ Estefan, Coretta Scott King, Rosa Parks, Leader. Educator. Elie Wiesel, Muhammad Ali, Mickey Mantle, James R. Mellor, English, Business Leader. Dr. John W. Ryan, Irish, Educator. General Norman Schwarzkopf, Barbara Wal- Hon. Robert Menendez, Cuban, Member of Philip Adeeb Salem, MD, Lebanese, Educa- ters, Terry Anderson and Dr. Michael Congress. tor/Research Scientist. DeBakey. Arthur L. Mercante, Italian, Community Joseph D. Sargent, CLU, Irish/English, Congratulations To The 1998 Ellis Island Leader. Business Leader. Medal of Honor Recipients. Friday, June 19, 1998 Daily Digest Senate for such fiscal year for the Armed Forces, taking ac- Chamber Action tion on amendments proposed thereto, as follows: Routine Proceedings, pages S6641–S6733 Pages S6641±58, S6662±93 Measures Introduced: Five bills and two resolu- Adopted: tions were introduced, as follows: S. 2194–2198, S. Thurmond Amendment No. 2738, to reduce Res. 252, and S. Con. Res. 104. Page S6698 amounts authorized to be appropriated under titles I, II, and III and division B in order to reflect sav- Measures Reported: Reports were made as follows: ings resulting from revised economic assumptions, S. 1677, to reauthorize the North American Wet- and to increase funding for operation and mainte- lands Conservation Act and the Partnerships for nance for the Army National Guard and funding for Wildlife Act. (S. Rept. No. 105–218) verification and control technology of the Depart- H.R. 1211, for the relief of Global Exploration ment of Energy. Page S6668 and Development Corporation, Kerr-McGee Corpora- Levin (for Biden) Amendment No. 2739, to pro- tion, and Kerr-McGee Chemical Corporation, with vide increases in the monthly rates of hazardous duty an amendment. pay for aerial flight crewmembers in grades E–4 S. Res. 176, proclaiming the week of October 18 through E–9 that are comparable to the increases through October 24, 1998, as ‘‘National Character that took effect in the rates of such pay for other Counts Week’’. Page S6697 grades in fiscal year 1998. Page S6669 Measures Passed: Thurmond Amendment No. 2449, regarding ship transfers to foreign countries. Pages S6669±70 Commemorating the 50th Anniversary of the In- Levin (for Ford/Bond/Lott/Stevens/Grassley) tegration of the Armed Forces: Senate agreed to S. Amendment No. 2740, to revise and clarify the au- Con. Res. 104, commemorating the 50th anniversary thority for Federal support of National Guard drug of the integration of the Armed Forces. interdiction and counterdrug activities. Pages S6723±24 Pages S6670±71 Nazi War Crimes Disclosure Act: Senate passed Thurmond Amendment No. 2741, to establish S. 1379, to amend section 552 of title 5, United additional requirements relating to the relocation of States Code, and the National Security Act of 1947 Federal frequencies. Pages S6671±72 to require disclosure under the Freedom of Informa- Levin (for Feinstein) Amendment No. 2742, to tion Act regarding certain persons, and disclose Nazi prohibit members of the Armed Forces from enter- war criminal records without impairing any inves- ing into correctional facilities to present decorations tigation or prosecution conducted by the Depart- to persons who commit certain crimes before being ment of Justice or certain intelligence matters, after presented such decorations. Page S6672 agreeing to a committee amendment in the nature Thurmond/Levin Amendment No. 2743, to make of a substitute, and the following amendment pro- technical corrections to certain provisions relating to posed thereto: Pages S6724±30 military construction projects. Page S6672 Warner (for DeWine/Leahy) Amendment No. Thurmond (for Kempthorne/Cleland/Akaka) 2782, in the nature of a substitute. Pages S6725±30 Amendment No. 2744, to waive time limitations for award of the Distinguished-Service Cross and Distin- Department of Defense Authorizations: Senate guished-Service medal to certain persons. resumed consideration of S. 2057, to authorize ap- Pages S6672±74 propriations for fiscal year 1999 for military activi- Thurmond (for Warner) Amendment No. 2745, ties of the Department of Defense, for military con- to reduce the authority in section 1012 to enter into struction, and for defense activities of the Depart- long-term charters for three vessels in support of ment of Energy, and to prescribe personnel strengths submarine rescue, escort, and towing. Page S6674 D668 June 19, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D669 Thurmond (for McCain) Amendment No. 2746, isfaction of applicable continuing medical education to broaden the eligibility for diving duty special pay requirements. Pages S6680±81 to include personnel who maintain proficiency as a Thurmond (for Grassley) Amendment No. 2759, diver while serving in a position for which diving is to clarify the eligibility of dependents of United a nonprimary duty. Page S6674 States Customs Service employees to enroll in De- Thurmond (for Coats/Glenn) Amendment No. partment of Defense dependents schools in Puerto 2747, to authorize the Secretary of the Navy to enter Rico. Pages S6681±82 into multiyear contracts under certain aircraft pro- Thurmond (for Roberts) Amendment No. 2760, curement programs. Page S6674 to require a report relating to the so-called ‘‘1 plus Thurmond (for Warner) Amendment No. 2748, 1 barracks initiative’’. Page S7782 to transfer $15,895,000 between Navy authorizations Levin (for Graham/DeWine/Grassley) Amendment for the remote minehunting system program. No. 2761, to express the sense of the Congress that Page S6675 a higher priority should be given drug interdiction Thurmond/Levin/Santorum/Lieberman Amend- and counter-drug activities of the Department of De- ment No. 2749, to modify the authority relating to fense under the Global Military Force Policy. the Department of Defense Laboratory Revitalization Page S6683 Demonstration Program. Page S6675 Thurmond (for Santorum) Amendment No. 2762, Levin Amendment No. 2750, to redesignate the to authorize the Secretary of the Navy to enter into position of Director of Defense Research and Engi- a barter agreement during fiscal years 1999 through neering, abolish the position of Assistant to the Sec- 2003 to exchange vehicles for repair and remanufac- retary of Defense for Nuclear and Chemical and Bio- ture of ribbon bridges for the Marine Corps. logical Defense Programs, and transfer the duties of Page S6683 the latter position to the former position. Levin (for Graham) Amendment No. 2763, to en- hance the fiscal position of the Center for Hemi- Pages S6675±76 Thurmond Amendment No. 2751, to make tech- spheric Defense Studies for meeting the increasing nical corrections to section 802, relating to procure- responsibilities designated for the Center by the Sec- retary of Defense. Page S6683 ment of travel services. Page S6676 Thurmond (for Gorton/Murray ) Amendment No. Thurmond (for Warner) Amendment No. 2752, 2764, to authorize the Secretary of Energy to enter to require a plan for facilitating a rapid transition into cost-sharing partnerships to operate the Hazard- from successfully completed research under the Small ous Materials Management and Emergency Response Business Innovation Research program into defense training facility, Richland, Washington. Pages S6676±77 acquisition programs. Pages S6683±84 Levin (for Lieberman) Amendment No. 2753, to Thurmond (for Coverdell) Amendment No. 2765, set aside RDT&E funds for a NATO alliance ground to add home school diploma recipients to the pilot surveillance concept definition. Page S6677 program for treating GED recipients as high school Thurmond (for Warner) Amendment No. 2754, graduates for enlistment purposes. Page S6684 to provide a period of open enrollment for the Sur- Thurmond (for Gorton) Amendment No. 2766, to vivor Benefit Plan. Pages S6677±78 state the sense of the Senate regarding oil spill pre- Thurmond (for Thompson/Glenn) Amendment vention training for personnel on board Navy vessels. No. 2755, to revise a definition of the term ‘‘senior Pages S6684±85 executive’’ for purposes of the limitation on allow- Levin (for Reid) Amendment No. 2767, to add ability of compensation for certain contractor person- $4,000,000 for research and development on the ex- nel. Pages S6678±79 peditionary common automatic recovery and landing Thurmond (for Thompson/Glenn) Amendment system and $1,000,000 for research and development No. 2756, to apply certain revisions of commercial on the K-band testing obscuration pairing system, pricing regulations government wide. Page S6679 and to offset the increase by reducing the amount for Thurmond (for Thompson/Glenn) Amendment Marine Corps procurement for communications and No. 2757, to prevent the automatic application to a electronic infrastructure support by $5,000,000. subcontract of an exceptional waiver of requirements Page S6685 for submission of cost or pricing data that is granted Thurmond (for Mack) Amendment No. 2768, to in the case of the prime contract. Pages S6679±80 expand certain land conveyance authority, Eglin Air Thurmond (for DeWine/Inhofe) Amendment No. Force Base, Florida. Page S6685 2758, to require physicians providing military health Thurmond (for Allard/Campbell) Amendment No. care to possess unrestricted licenses, and to require 2769, to authorize the conveyance of certain water the establishment of a system for monitoring the sat- rights and related rights at Rocky Mountain Arsenal, D670 CONGRESSIONAL RECORD — DAILY DIGEST June 19, 1998 Colorado, for purposes of acquiring certain perpetual sion of certain assistance and other transfers to Paki- contracts for water. Pages S6685±86 stan. Page S6641 Levin (for Murray) Amendment No. 2770, to Warner motion to recommit the bill to the Com- make available $2,500,000 for the activities of the mittee on Armed Services with instructions to report Hanford Health Information Network. Page S6687 back forthwith with all amendments agreed to in Thurmond/Bingaman Amendment No. 2771, to status quo and with a Warner Amendment No. extend the authority of the Secretary of Energy to 2735 (to the instructions on the motion to recom- appoint certain scientific, engineering, and technical mit), condemning forced abortions in the People’s personnel. Page S6687 Republic of China. Pages S6665±68 Thurmond/Bingaman Amendment No. 2772, to Warner Amendment No. 2736 (to the instruc- extend the authority of the Department of Energy to tions of the motion to recommit), of a perfecting na- pay voluntary separation incentive payments through ture. Pages S6665±68 December 31, 2000. Page S6687 Warner Amendment No. 2737 (to Amendment Thurmond (for Grams/D’Amato) Amendment No. No. 2736), condemning human rights abuses in the 2773, to extend the reauthorize the Defense Produc- People’s Republic of China. Pages S6666±68 tion Act of 1950. Pages S6687±88 A motion was entered to close further debate on Thurmond Amendment No. 2774, to establish the bill and, in accordance with the provisions of certain budgeting and other policies regarding Rule XXII of the Standing Rules of the Senate, a United States operations in Bosnia and Herzegovina. vote on the cloture motion will occur on Tuesday, Pages S6688±89 June 23, 1998. Page S6666 Thurmond (for Snowe/Cleland) Amendment No. Senate will resume consideration of the bill on 2775, to require the Secretary of Defense to submit Monday, June 22, 1998. to Congress a report on the objectives of a contin- Nomination—Agreement: A unanimous-consent gency operation when the President submits to Con- time-agreement was reached providing for the con- gress the first request for funding the operation. sideration of the nomination of Susan Oki Mollway, Page S6689 of Hawaii, to be United States District Judge for the Levin (for Robb/Santorum) Amendment No. District of Hawaii, on Monday, June 22, 1998 at 3 2776, to carry out a pilot program for revitalizing p.m., with a vote to occur thereon. Page S6723 the laboratories and test and evaluation centers of the Department of Defense. Pages S6689±90 Removal of Injunction of Secrecy: The injunction Thurmond (for Gramm/McCain) Amendment No. of secrecy was removed from the following treaty: 2777, to protect the voting rights of military per- Treaty with Estonia on Mutual Legal Assistance sonnel. Page S6690 In Criminal Matters (Treaty Doc. 105–52). Thurmond (for Warner) Amendment No. 2778, The treaty was transmitted to the Senate today, to require a review and report on research on phar- considered as having been read for the first time, and macological interventions for reversing brain injury referred, with accompanying papers, to the Commit- resulting from head injuries incurred in combat or tee on Foreign Relations and was ordered to be exposures to chemical weapons. Pages S6690±91 printed. Page S6730 Thurmond (for Bond) Amendment No. 2779, to Executive Reports of Committees: Senate received modify the authority relating to the demonstration the following executive reports of a committee: project to provide the FEHBP health care option to Report to accompany the Convention for the Pro- medicare-eligible military health care beneficiaries. tection of Plants, with one reservation, two declara- Page S6691 tions, and one proviso. (Treaty Doc. 104–17) (Exec. Levin/Thurmond Amendment No. 2780, to au- Rept. No. 105–15) Pages S6697±98 thorize amounts for NATO common-funded budg- Report to accompany the International Grains ets. Pages S6691±92 Agreement, 1995, with one declaration and one pro- Levin Amendment No. 2781, to require reports viso. (Treaty Doc. 105–4) (Exec. Rept. No. 105–16) on the development of the European Security and Page S6698 Defense Identity within the NATO Alliance. Report to accompany the Trademark Law Treaty Page S6692 with Regulations, with two declarations and one Pending: proviso. (Treaty Doc. 105–35) (Exec. Rept. No. Feinstein Amendment No. 2405, to express the 105–17) Page S6698 sense of the Senate regarding the Indian nuclear Report to accompany the Amendments to the tests. Page S6641 Convention on the International Maritime Organiza- Brownback Amendment No. 2407 (to Amend- tion, with one declaration and one proviso. (Treaty ment No. 2405), to repeal a restriction on the provi- Doc. 104–36) (Exec. Rept. No. 105–18) Page S6698 June 19, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D671

Nominations Received: Senate received the follow- Amendments Submitted: Pages S6702±18 ing nominations: Additional Statements: Pages S6718±23 Saul N. Ramirez, Jr., of Texas, to be Deputy Sec- retary of Housing and Urban Development. Adjournment: Senate convened at 10 a.m., and ad- Eric David Newsom, of Virginia, to be an Assist- journed at 3:20 p.m., until 12 noon, on Monday, ant Secretary of State. June 22, 1998. (For Senate’s program, see the re- 1 Air Force nomination in the rank of general. marks of the Acting Majority Leader in today’s Page S6733 Record on page S6730.) Executive Reports of Committees: Pages S6697±98 Statements on Introduced Bills: Pages S6698±S6701 Committee Meetings Additional Cosponsors: Page S6701 No committee meetings were held. h House of Representatives Energy and Water Development Appropriations Chamber Action Act: The House agreed to H. Res. 478, the rule Bills Introduced: 11 public bills, H.R. 4090–4100; providing for consideration of H.R. 4060, making and 4 resolutions, H. Con. Res. 291–292, and H. appropriations for energy and water development for Res. 480–481 were introduced. Page H4879 the fiscal year ending September 30, 1999. Reports Filed: Reports were filed as follows: Pages H4850±54 H.R. 3849, to amend the Communications Act of Bipartisan Campaign Integrity Act: The House re- 1934 to establish a national policy against Federal sumed debate on H.R. 2183, to amend the Federal and State regulation of Internet access and online Election Campaign Act of 1971 to reform the fi- services, and to exercise congressional jurisdiction nancing of campaigns for elections for Federal office. over interstate and foreign commerce by establishing The bill was previously debated on May 22, June a moratorium on the imposition of exactions that 17, and June 18. Page H4855 would interfere with the free flow of commerce con- Agreed To: ducted over the Internet, amended (H. Rept. The Maloney of New York amendment to the 105–570, part 2); Shays amendment in the nature of a substitute that H.R. 3892, to amend the Elementary and Second- establishes a 12 member Independent Commission ary Education Act of 1965 to establish a program to on Campaign Finance Reform to submit rec- help children and youth learn English, amended (H. ommendations within 180 days after the 105th Con- Rept. 105–587); and gress adjourns with recommendations to be consid- H.R. 4101, making appropriations for Agri- ered similar to those for the Base Closure and Re- culture, Rural Development, Food and Drug Admin- istration and Related Agencies for the fiscal year alignment Commission (agreed to by a recorded vote ending September 30, 1999 (H. Rept. 105–588). of 325 ayes to 78 noes with 1 voting ‘‘present’’, Roll No. 250); and Pages H4856±61 Pages H4878±79 The Gillmor amendment to the Shays amendment Speaker Pro Tempore: Read a letter from the in the nature of a substitute that adds provisions to Speaker wherein he designated Representative ensure the equal participation of eligible voters in LaTourette to act as Speaker pro tempore for today. campaigns and elections notwithstanding the fact Page H4841 that the voter that lives outside of the United States Military Construction Appropriations Act: The or is employed by a foreign subsidiary or a multi- House agreed to H. Res. 477, the rule providing for national corporation (agreed to by a recorded vote of consideration of H.R. 4059, making appropriations 395 ayes with none voting ‘‘no’’ and 3 voting for military construction, family housing, and base ‘‘present,’’ No. 251). Pages H4862±65 realignment and closure for the Department of De- Rejected: fense for the fiscal year ending September 30, 1999 The Thomas amendment to the Shays amendment by a yea and nay vote of 231 yeas to 178 nays, Roll in the nature of a substitute, debated on June 18, No. 248. Pages H4843±50, H4854±55 D672 CONGRESSIONAL RECORD — DAILY DIGEST June 19, 1998 that sought to add a section requiring the nonsever- AMERICAN WORKER PROJECT ability of the provisions of the Act by a recorded Committee on Education and the Workforce: Subcommit- vote of 155 ayes to 254 noes, Roll No. 249. tee on Oversight and Investigations held a hearing Pages H4855±71 on American Worker Project: Evaluating Regulatory Pending Amendments: Practices at the U.S. Department of Labor. Testi- The Shays amendment in the nature of a sub- mony was heard from the following officials of the stitute was offered and debated on June 18 that Department of Labor: Ida Castro, Acting Director, seeks to ban soft money; redefine ‘‘express advocacy’’; Women’s Bureau; and Suzanne Seiden, Director, Spe- increase individual campaign contribution limits; cial Projects, Wage and Hour Division; and a public prohibit political party coordinated expenditures to witness. candidates who spend more that $50,000 of their personal funds; and codify the Beck Supreme Court COMMUNITY PROTECTION ACT; PUBLIC ruling that employees can not be required to pay SAFETY OFFICER MEDAL OF VALOR ACT union dues for political activities; and Pages H4855±71 Committee on the Judiciary: Subcommittee on Crime The Doolittle amendment to the Shays amend- approved for full Committee action the following: ment in the nature of a substitute was offered and H.R. 218, amended, Community Protection Act of debated that stipulates that the term ‘‘express advo- 1997; and the Public Safety Officer Medal of Valor cacy’’ shall not apply with respect to any commu- Act of 1998. nication which provides information on the voting f record or positions on issues taken by an individual holding Federal office or a candidate for Federal of- CONGRESSIONAL PROGRAM AHEAD fice; the amendment confirms the Buckley court de- Week of June 22 through 27, 1998 cision. Pages H4865±71 H. Res. 442 and H. Res. 458, the rules that are Senate Chamber providing for consideration of the bill were agreed to on May 21 and June 18 respectively. On Monday, Senate will resume consideration of S. 2057, DOD Authorizations, and consider the nomi- Legislative Program: Representative Goss an- nation of Susan Oki Mollway, of Hawaii, to be U.S. nounced the legislative program for the week of June District Judge for the District of Hawaii, with a 22. Pages H4871±72 vote to occur thereon. Meeting Hour—Monday, June 22: Agreed that On Tuesday, Senate will continue consideration of when the House adjourns today, it adjourn to meet S. 2057, DOD Authorizations, with a vote on a mo- at 12:30 p.m. on Monday, June 22, for morning tion to close further debate on the bill to occur hour debate. Page H4872 thereon. Calendar Wednesday: Agreed to dispense with cal- During the balance of the week, Senate will con- tinue consideration of S. 2057, DOD Authorizations, endar Wednesday business of June 24. Page H4872 and may consider any of the following: Senate Messages: Message received from the Senate S. 2159, Agriculture Appropriations, 1999; today appears on page H4841. Conference report on H.R. 2646, Education Sav- Amendments: Amendments ordered printed pursu- ings Act for Public and Private Schools; ant to the rule appear on page H4880. S. 1250, NASA Authorizations; Quorum Calls—Votes: One yea and nay vote and S. 1882, Higher Education Amendments; three recorded votes developed during the proceed- H.R. 2610, National Drug Control Policy Reau- ings of the House today and appear on pages thorization; H4854–55, H4855, H4861, and H4864–65. There Conference Reports, when available; were no quorum calls. Further Appropriations bills; and Any cleared legislative or executive business. Adjournment: Met at 9:00 a.m. and adjourned at (Senate will recess on Tuesday, June 23, 1998, from 2:41 p.m. 12:30 p.m. until 2:15 p.m. for respective party con- ferences.) Committee Meetings Senate Committees BORDER SMOG REDUCTION ACT (Committee meetings are open unless otherwise indicated) Committee on Commerce: Subcommittee on Health and Committee on Appropriations: June 23, Subcommittee on Environment approved for full Committee action Commerce, Justice, State, and the Judiciary, business amended H.R. 8, Border Smog Reduction Act of meeting, to mark up proposed legislation making appro- 1997. priations for the Departments of Commerce, Justice, June 19, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D673

State, and the Judiciary, and related agencies for the fiscal June 24, Subcommittee on European Affairs, to hold year ending September 30, 1999, 10 a.m., S–146, Cap- hearings to examine United States policy in Kosovo, 4 itol. p.m., SD–419. June 23, Subcommittee on Interior, business meeting, June 25, Full Committee, to hold closed hearings to to mark up proposed legislation making appropriations examine Chinese missile proliferation, 2 p.m., S–407, for the Department of the Interior and related agencies Capitol. for the fiscal year ending September 30, 1999, 2 p.m., Committee on Governmental Affairs: June 22, to hold SD–124. hearings on the nomination of Jacob Joseph Lew, of New Committee on Armed Services: June 23, to hold hearings York, to be Director of the Office of Management and on the nominations of Gen. Richard B. Myers, USAF, to Budget, 2 p.m., SD–342. be Commander-in-Chief, United States Space Command, June 24, Full Committee, to resume hearings to exam- Vice Adm. Richard W. Mies, USN, to be Commander- ine the state of computer security within Federal, State in-Chief, United States Strategic Command, and Lt. Gen. and local agencies, 10 a.m., SD–342. Charles T. Robertson, Jr., USAF, to be Commander-in- June 25, Full Committee, to hold hearings to examine Chief, United States Transportation Command and Com- the Defense Technology Security Administration’s role in mander, Air Mobility Command, 9:30 a.m., SR–222. approving critical technology exports, 10:30 a.m., Committee on Banking, Housing, and Urban Affairs: June SD–342. 24, to resume hearings on H.R. 10, to enhance competi- Committee on the Judiciary: June 23, to hold hearings on tion in the financial services industry by providing a pru- S. 2148, to protect religious liberty, 9:30 a.m., SD–226. dential framework for the affiliation of banks, securities June 24, Full Committee, to hold hearings to examine firms, and other financial service providers, 10 a.m., fairness in punitive damage awards, 9:30 a.m., SD–226. SD–538. June 24, Subcommittee on Immigration, to hold hear- June 25, Full Committee, to continue hearings on ings on the agricultural guestworker program, 2 p.m., H.R. 10, to enhance competition in the financial services SD–226. industry by providing a prudential framework for the af- June 25, Full Committee, business meeting, to mark filiation of banks, securities firms, and other financial up S.J. Res. 40 and H.J. Res. 54, proposing an amend- service providers, 10 a.m., SD–538. ment to the Constitution of the United States authorizing Committee on Energy and Natural Resources: June 23, to Congress to prohibit the physical desecration of the flag resume oversight hearings to examine certain implications of the United States, and S.J. Res. 44, proposing an of independence for Puerto Rico, 9:30 a.m., SH–216. amendment to the Constitution of the United States to June 24, Full Committee, business meeting, to con- protect the rights of crime victims, and to consider other sider pending calendar business, 9:30 a.m., SD–366. pending calendar business, 9 a.m., SD–226. June 24, Subcommittee on Water and Power, to hold June 25, Subcommittee on Administrative Oversight joint hearings with the Committee on Indian Affairs on and the Courts, to hold hearings to review the judgeship S. 1771, to amend the Colorado Ute Indian Water Rights needs of the 6th and 7th Circuits, 2 p.m., SD–226. Settlement Act to provide for a final settlement of the Committee on Labor and Human Resources: June 24, busi- claims of the Colorado Ute Indian Tribes, and S. 1899, ness meeting, to mark up proposed legislation authoriz- entitled ‘‘Chippewa Cree Tribe of the Rocky Boy’s Res- ing funds for human services programs, 9:30 a.m., ervation Indian Reserved Water Rights Settlement Act of SD–430. 1998’’, 2:30 p.m., SD–628. June 25, Full Committee, to hold hearings to examine June 25, Full Committee, to hold hearings on the health insurance coverage for older workers, 10 a.m., nomination of William Lloyd Massey, of Arkansas, to be SD–430. a Member of the Federal Energy Regulatory Commission, Committee on Indian Affairs: June 24, to hold joint hear- 9:30 a.m., SD–366. ings with the Committee on Energy and Natural Re- June 25, Subcommittee on Forests and Public Land sources’ Subcommittee on Water and Power on S. 1771, Management, to hold hearings on S. 2146, to provide for to amend the Colorado Ute Indian Water Rights Settle- the exchange of certain lands within the State of Utah, ment Act to provide for a final settlement of the claims 2 p.m., SD–366. of the Colorado Ute Indian Tribes, and S. 1899, entitled Committee on Environment and Public Works: June 23, ‘‘Chippewa Cree Tribe of the Rocky Boy’s Reservation In- Subcommittee on Transportation and Infrastructure, to dian Reserved Water Rights Settlement Act of 1998’’, hold hearings on S. 2131, to provide for the conservation 2:30 p.m., SD–628. and development of water and related resources, and to Select Committee on Intelligence: June 24, to hold closed authorize the Secretary of the Army to construct various hearings on intelligence matters, Wednesday at 10 a.m. projects for improvements to rivers and harbors of the and Wednesday at 2:30 p.m., SH–219. United States, 9:30 a.m., SD–406. Committee on Foreign Relations: June 23, business meet- House Chamber ing, to consider pending calendar business, 2:30 p.m., S–116, Capitol. Monday, Consideration of Suspensions; June 24, Subcommittee on International Economic Pol- Consideration of H.R. 4059, Military Construc- icy, Export and Trade Promotion, to hold hearings to ex- tion Appropriations Act (open rule, 1 hour of de- amine the Asian financial crisis, 10 a.m., SD–419. bate); and D674 CONGRESSIONAL RECORD — DAILY DIGEST June 19, 1998 Consideration of H.R. 4060, Energy and Water merce: Consumer Protection in Cyberspace, 10 a.m., Development Appropriations Act: (open rule, 1 hour 2123 Rayburn. of debate). Committee on Education and the Workforce, June 23, Sub- committee on Early Childhood, Youth, and Families, House will meet at 12:30 p.m. for morning hour and hearing on Comprehensive School Reform Program, 1 2:00 p.m. for legislative business. p.m., 2175 Rayburn. NOTE: No recorded votes are expected before 5:00 June 24, full Committee, to mark up the following p.m. bills: H.R. 3248, Dollars in the Classroom Act; and H.R. Tuesday, Consideration of Agriculture, Rural De- 3007, Commission on the Advancement of Women in velopment, Food and Drug Administration, and Re- Science, Engineering, and Technology Development Act, lated Agencies Appropriations Act (subject to a 10:30 a.m., 2175 Rayburn. June 24, Subcommittee on Oversight and Investiga- rule). tions, hearing on American Worker Project: Meeting the House will meet at 9:00 a.m. for morning hour and Needs of the 21st Century Workplace, 2 p.m., 2261 Ray- 10:00 a.m. for legislative business. burn. Wednesday, Consideration of Treasury, Postal Serv- June 25, Subcommittee on Employer-Employee Rela- ice, Executive Office of the President; and Independ- tions, hearing on Impediments to Union Democracy, Part ent Agencies Appropriations Act (subject to a rule); II: Right to Vote in the Carpenter’s Union? 1 p.m., 2175 and Rayburn. Committee on Government Reform and Oversight, June 22, Consideration of DOD Appropriations Act (sub- Subcommittee on Government Management, Information, ject to a rule). and Technology, hearing on Year 2000: Biggest Problems Thursday, Consideration of Legislative Branch Ap- and Proposed Solutions, 1 p.m., 2247 Rayburn. propriations (subject to a rule). June 23, full Committee, to consider pending business, Friday, Independence Day District Work Period. 1 p.m., 2247 Rayburn. June 24, Subcommittee on Civil Service, hearing on House Committees Civil Service Reform Issues, 10 a.m., 2247 Rayburn. Committee on Agriculture, July 22, hearing to review the June 24, Subcommittee on National Economic Growth, 1999 Multilateral Negotiations on Agricultural Trade- Natural Resources, and Regulatory Affairs, to continue Western Hemisphere, 10 a.m., 1300 Longworth. hearings on ‘‘The Kyoto Protocol: Is the Clinton-Gore June 24, Subcommittee on Forestry, Resource Con- Administration Selling Out Americans? Part IV,’’ 10 servation, and Research, to consider agricultural credit a.m., 2154 Rayburn. legislation, 10 a.m., 1300 Longworth. Committee on International Relations, June 24, hearing on June 25, Subcommittee on Department Operations, Colombian Heroin Crisis, 10 a.m., 2172 Rayburn. Nutrition, and Foreign Agriculture, hearing to review the June 25, hearing on Prospects for Democracy in Nige- implementation of the Food Quality Protection Act, 9 ria, 10 a.m., 2172 Rayburn. a.m., 1300 Longworth. June 26, Subcommittee on International Operations June 25, Subcommittee on General Farm Commod- and Human Rights, hearing on Human Rights in China, ities, hearing to review the Administration’s use of agri- 10:30 a.m., 2172 Rayburn. cultural export programs, 10:30 a.m., 1302 Longworth. Committee on the Judiciary, June 23, to continue markup Committee on Appropriations, June 24, Subcommittee on of H.R. 3682, Child Custody Protection Act; and to the District of Columbia, on Public Education, 9 a.m., mark up the following bills: H.R. 2592, Private Trustee and on Members of Congress; D.C. Government Officials; Reform Act of 1998; H.R. 3891, Trademark and public witnesses, 2 p.m., H–144 Capitol. Anticounterfeiting Act of 1998; H.R. 3898, Speed Traf- Committee on Banking and Financial Services, June 23, ficking Life in Prison Act of 1998; H.R. 2070, Correc- hearing on the Year 2000 Challenge to International tion Officers Health and Safety Act of 1997; H.R. 4090, Banking and Finance, 10 a.m., 2128 Rayburn. Public Safety Officer Medal of Valor Act of 1998; and June 25, full Committee, to mark up H.R. 219, private immigration bills, 10 a.m., 2141 Rayburn. Homeowners’ Insurance Availability Act of 1997, 9:30 June 24, oversight hearing on the Effects of Consolida- a.m., 2128 Rayburn. tion on the State of Competition in the Telecommuni- Committee on the Budget, June 23, Task Force on Budget cations Industry, 10 a.m., 2141 Rayburn. Process, hearing on Budgetary Treatment of Emergencies, June 24, Subcommittee on Courts and Intellectual 1 p.m., 3112 Cannon. Property, to mark up H.R. 3789, Class Action Jurisdic- Committee on Commerce, June 23, Subcommittee on tion Act of 1998, 2 p.m., B–352 Rayburn. Oversight and Investigations, hearing on States’ Alter- June 24, Subcommittee on Crime, hearing on H.R. native Environmental Compliance Strategies, 9 a.m., 2380, Internet Gambling Prohibition Act of 1997, 2 2322 Rayburn. p.m., 2237 Rayburn. June 23, Subcommittee on Telecommunications, Trade, June 25, Subcommittee on Crime, hearing on the fol- and Consumer Protection, hearing on Protecting Consum- lowing bills: H.R. 4100, Free Market Prison Industries ers Against Slamming, focusing on the following bills: Reform Act of 1998; and H.R. 2758, Federal Prison In- H.R. 3888, Anti-slamming Amendments Act; and H.R. dustries Competition in Contracting Act of 1997, 9 a.m., 3050, Slamming Prevention and Consumer Protection 2141 Rayburn. Act of 1997, 10 a.m., 2123 Rayburn. June 25, Subcommittee on Immigration, hearing on June 25, Subcommittee on Telecommunications, Trade, H.R. 3539, Radiation Workers Justice Act of 1998, 9:30 and Consumer Protection, hearing on Electronic Com- a.m., 2237 Rayburn. June 19, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D675

Committee on National Security, June 23, and the Com- Courthouse’’; H.R. 3696, to designate the Federal Court- mittee on International Relations, to continue joint hear- house located at 316 North 26th Street in Billings, Mon- ings on U.S. policy regarding the export of satellites to tana, as the ‘‘James F. Battin Federal Courthouse’’; H.R. China, 10 a.m., 2118 Rayburn. 3223, to designate the Federal building located at 300 Committee on Resources, June 23, Subcommittee on For- East 8th Street in Austin, Texas, as the ‘‘J.J. ‘Jake’ Pickle ests and Forest Health, oversight hearing on Forest Serv- Federal Building’’; and S. 1800, to designate the Federal ice Law Enforcement, 10 a.m., 1334 Longworth. building and United States courthouse located at 85 Mar- June 23, Subcommittee on National Parks and Public coni Boulevard in Columbus, Ohio, as the ‘‘Joseph P. Lands, hearing on the following bills: H.R. 3705, Kinneary United States Courthouse’’; Corps of Engineers Ivanpah Valley Airport Public Lands Transfer Act; and to Survey Resolutions; NRCS Small Watershed Project Res- mark up the following bills: S. 1693, Vision 2020 Na- olutions; H.R. 3869, Disaster Mitigation Act of 1998; tional Parks System Restoration Act; and H.R. 4004, to H.R. 4058, to amend title 49, United States Code, to re- authorize the Secretary of the Interior to provide assist- authorize programs of the Federal Aviation Administra- ance to the Casa Malpais National Historic Landmark in tion; H.R. 2748, amended, Airline Service Improvement Springerville, Arizona, and to establish the Lower East Act; and H.R. 4057, amended, Airport Improvement Side Tenement National Historic Site, 10 a.m., 1324 Program Reauthorization Act of 1998, 10 a.m., 2167 Longworth. Rayburn. June 24, full Committee, hearing on H.R. 1168, to June 25, Subcommittee on Coast Guard and Maritime encourage competition and tax fairness and to protect the Transportation, oversight hearing of the U.S. Role in the tax base of State and local governments, 2 p.m., 1324 International Maritime Organization, 1 p.m., 2167 Ray- Longworth. burn. June 25, Subcommittee on Forests and Forest Health, Committee on Veterans’ Affairs, June 24, to mark up oversight hearing on Forest Service Training, 10 a.m., pending business, 10 a.m., 334 Cannon. 1334 Longworth. Committee on Ways and Means, June 23, Subcommittee June 25, Subcommittee on Water and Power, oversight on Human Resources, hearing on H.R. 3684, Employ- hearing concerning the status of the Auburn Dam site, ment Security Financing Act of 1998, 3 p.m., B–318 10 a.m., 1324 Longworth. Rayburn. Committee on Rules, June 22, to consider H.R. 4101, making appropriations for Agriculture, Rural Develop- June 23, Subcommittee on Oversight, hearing on the ment, Food and Drug Administration, and Related Agen- impact of complexity in the tax code for individual tax- cies programs for the fiscal year ending September 30, payers and small businesses, 2:30 a.m., 1100 Longworth. 1999, 4:30 p.m., H–313 Capitol. June 23, Subcommittee on Trade, to mark up the fol- June 23, to consider the following: a measure making lowing measures: H.R. 2316, to amend trade laws and re- appropriations for the Treasury Department, the United lated provisions to clarify the designation of normal trade States Postal Service, the Executive Office of the Presi- relations; and H.J. Res. 120, disapproving the extension dent, and certain independent agencies, for the fiscal year of the waiver authority contained in section 402(c) of the ending September 30, 1999; and a measure making ap- Trade Act of 1974 with respect to Vietnam, 10:30 a.m., propriations for the Department of Defense for the fiscal 1100 Longworth. year ending September 30, 1999, 2:30 p.m., H–313 Cap- June 24, full Committee, hearing on Managing the itol. Public Debt in an Era of Surpluses, 10 a.m., 1100 Long- Committee on Science, June 24, oversight hearing on worth. Houston, We Have a Problem: The Administration’s Plan June 25, full Committee, to mark up the following to Fix the International Space Station, 10 a.m., 2318 measures: H.R. 2316, to amend trade laws and related Rayburn. provisions to clarify the designation of normal trade rela- June 25, oversight hearing on China: Dual-Use Space tions; H.J. Res. 120, disapproving the extension of the Technology, 9:30 a.m., 2318 Rayburn. waiver authority contained in section 402(c) of the Trade Committee on Small Business, June 24, Subcommittee on Act of 1974 with respect to Vietnam; and H.J. Res. 121, Government Programs and Oversight, hearing on the disapproving the extension of nondiscriminatory treat- HubZone Program, 10 a.m., 311 Cannon. ment (most-favored-nation treatment) to the products of Committee on Transportation and Infrastructure, June 25, the People’s Republic of China, 9:30 a.m., 1100 Long- to mark up the following: Public Building Resolutions worth. (construction, advance design, repair and alteration); H.R. Permanent Select Committee on Intelligence, June 23, Sub- 2379, to designate the Federal building and U.S. court- committee on Human Intelligence, Analysis, and Coun- house located at 251 North Main Street in Winston- terintelligence, executive, hearing on DOD Counterintel- Salem, NC, as the ‘‘Hiram H. Ward Federal Building ligence, 10 a.m., H–405 Capitol. and United States Courthouse’’; H.R. 2787, amended, to June 24, full Committee, to mark up H.R. 3829, In- designate the United States courthouse located in New telligence Community Whistleblower Protection Act of Haven, Connecticut, as the ‘‘Richard C. Lee United States 1998, 2 p.m., H–405 Capitol. D676 CONGRESSIONAL RECORD — DAILY DIGEST June 19, 1998

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 noon, Monday, June 22 12:30 p.m., Monday, June 22

Senate Chamber House Chamber Program for Monday: Senate will resume consideration Program for Monday: Consideration of Suspensions; of S. 2057, DOD Authorizations, and consider the nomi- Consideration of H.R. 4059, Military Construction Ap- nation of Susan Oki Mollway, of Hawaii, to be U.S. Dis- propriations Act (open rule, 1 hour of debate); and trict Judge for the District of Hawaii, with a vote to Consideration of H.R. 4060, Energy and Water Devel- occur thereon. opment Appropriations Act (open rule, 1 hour of debate).

Extensions of Remarks, as inserted in this issue

HOUSE Gekas, George W., Pa., E1178 Oxley, Michael G., Ohio, E1173 Gillmor, Paul E., Ohio, E1173 Packard, Ron, Calif., E1182 Baldacci, John Elias, Maine, E1178 Gilman, Benjamin A., N.Y., E1181 Pappas, Michael, N.J., E1180, E1182 Ballenger, Cass, N.C., E1181 Green, Gene, Tex., E1180 Portman, Rob, Ohio, E1173 Berry, Marion, Ark., E1178 Hall, Tony P., Ohio, E1173 Pryce, Deborah, Ohio, E1173 Boehner, John A., Ohio, E1173 Hamilton, Lee H., Ind., E1178 Regula, Ralph, Ohio, E1173 Bonior, David E., Mich., E1179 Hobson, David L., Ohio, E1173 Rogan, James E., Calif., E1174 Brown, Sherrod, Ohio, E1173 Jackson-Lee, Sheila, Tex., E1175 Sandlin, Max, Tex., E1180 Burton, Dan, Ind., E1185 Kaptur, Marcy, Ohio, E1173 Sawyer, Thomas C., Ohio, E1173 Chabot, Steve, Ohio, E1173 Kasich, John R., Ohio, E1173 Serrano, Jose´ E., N.Y., E1173, E1176 Clayton, Eva M., N.C., E1180 Kleczka, Gerald D., Wisc., E1182 Skeen, Joe, N.M., E1177 Clyburn, James E., S.C., E1174, E1176, E1177 Kucinich, Dennis J., Ohio, E1173 Smith, Adam, Wash., E1179 Conyers, John, Jr., Mich., E1176 LaTourette, Steve C., Ohio, E1173 Stokes, Louis, Ohio, E1173 DeLay, Tom, Tex., E1182 Lipinski, William O., Ill., E1175 Strickland, Ted, Ohio, E1173 Edwards, Chet, Tex., E1174 Ney, Robert W., Ohio, E1173 Towns, Edolphus, N.Y., E1173, E1176, E1177, E1179 Eshoo, Anna G., Calif., E1182 Norton, Eleanor Holmes, D.C., E1177 Traficant, James A., Jr., Ohio, E1173 Franks, Bob, N.J., E1181 Owens, Major R., N.Y., E1174

E PL UR UM IB N U U S The public proceedings of each House of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions Congressional Record of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed at one time. ¶ Public access to the Congressional Record is available online through GPO Access, a service of the Government Printing Office, free of charge to the user. The online database is updated each day the Congressional Record is published. The database includes both text and graphics from the beginning of the 103d Congress, 2d session (January 1994) forward. It is available on the Wide Area Information Server (WAIS) through the Internet and via asynchronous dial-in. Internet users can access the database by using the World Wide Web; the Superintendent of Documents home page address is http://www.access.gpo.gov/suldocs, by using local WAIS client software or by telnet to swais.access.gpo.gov, then login as guest (no password required). Dial-in users should use communications software and modem to call (202) 512–1661; type swais, then login as guest (no password required). For general information about GPO Access, contact the GPO Access User Support Team by sending Internet e-mail to [email protected], or a fax to (202) 512–1262; or by calling Toll Free 1–888–293–6498 or (202) 512–1530 between 7 a.m. and 5 p.m. Eastern time, Monday through Friday, except for Federal holidays. ¶ The Congressional Record paper and 24x microfiche will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $150.00 for six months, $295.00 per year, or purchased for $2.50 per issue, payable in advance; microfiche edition, $141.00 per year, or purchased for $1.50 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. Remit check or money order, made payable to the Superintendent of Documents, directly to the Government Printing Office, Washington, D.C. 20402. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record.