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

Vol. 141 WASHINGTON, TUESDAY, DECEMBER 12, 1995 No. 197 House of Representatives

The House met at 10 a.m. After consultation with the majority of the committee to escort the Prime The Reverend Dr. Ronald F. Chris- and minority leaders, and with their Minister of the State of Israel into the tian, Office of the Bishop, Evangelical consent and approval, the Chair an- Chamber: the gentleman from Texas Lutheran Church in America, Washing- nounces that during the joint meeting [Mr. ARMEY]; the gentleman from ton, DC, offered the following prayer: to hear an address by His Excellency Texas [Mr. DELAY]; the gentleman Almighty God, we acknowledge this Shimon Peres, only the doors imme- from Ohio [Mr. BOEHNER]; the gen- day as always that You are the one diately opposite the Speaker, and those tleman from New York [Mr. GILMAN]; who is worthy to be held in reverence on his right and left will be open. the gentleman from Louisiana [Mr. by all the people, from the least of us No one will be allowed on the floor of LIVINGSTON]; the gentleman from New to the greatest, and so, we pray, kindle the House who does not have the privi- York [Mr. SOLOMON]; the gentleman within each of us the spark of Your lege of the floor of the House. from Indiana [Mr. BURTON]; the gen- love so that all of Your children may Due to the large attendance which is tleman from Alabama [Mr. CALLAHAN]; know of Your goodness and gracious anticipated, the Chair feels that the the gentleman from New Mexico [Mr. care. We pray, guide and direct those rule regarding the privilege of the floor SCHIFF]; the gentleman from New York who are called and selected to be lead- must be strictly adhered to. [Mr. LAZIO]; the gentleman from Mis- ers of others, so that choices and deci- Childen of Members will not be per- souri [Mr. GEPHARDT]; the gentleman sions will always be based on what will mitted on the floor, and the coopera- from Michigan [Mr. BONIOR]; the gen- bring dignity and honor to Your peo- tion of all Members is requested. tleman from California [Mr. FAZIO]; the ple. We pray, show us the great waste f gentlewoman from Connecticut [Mrs. of our wrath and our rage, and give us KENNELLY]; the gentleman from Indi- O God, good will to all and peace in our RECESS ana [Mr. HAMILTON]; the gentleman time, peace among nations, and peace The SPEAKER. Pursuant to the from Illinois [Mr. YATES]; the gen- in our hearts. Amen. order of the House of Thursday, Decem- tleman from Wisconsin [Mr. OBEY]; the gentleman from Texas [Mr. FROST]; the f ber 7, 1995, the House will stand in re- cess subject to the call of the Chair. gentleman from California [Mr. BER- THE JOURNAL Accordingly (at 10 o’clock and 4 min- MAN]; and the gentleman from Florida utes a.m.), the House stood in recess [Mr. HASTINGS]. The SPEAKER. The Chair has exam- The VICE PRESIDENT. The Presi- ined the Journal of the last day’s pro- subject to the call of the Chair. During the recess, beginning at about dent of the Senate, at the direction of ceedings and announces to the House that body, appoints the following Sen- his approval thereof. 10 o’clock and 53 minutes a.m., the fol- lowing proceedings were had: ators as a committee on the part of the Pursuant to clause 1, rule I, the Jour- Senate to escort the Prime Minister of f nal stands approved. the State of Israel into the Chamber: f b 1052 the Senator from Kansas [Mr. DOLE]; the Senator from Mississippi [Mr. PLEDGE OF ALLEGIANCE JOINT MEETING OF THE HOUSE LOTT]; the Senator from Oklahoma AND SENATE TO HEAR AN AD- The SPEAKER. Will the gentleman [Mr. NICKLES]; the Senator from Mis- DRESS BY HIS EXCELLENCY from Michigan [Mr. KILDEE] come for- sissippi [Mr. COCHRAN]; the Senator SHIMON PERES, PRIME MIN- ward and lead the House in the Pledge from Florida [Mr. MACK]; the Senator ISTER OF THE STATE OF ISRAEL of Allegiance. from South Carolina [Mr. THURMOND]; Mr. KILDEE led the Pledge of Alle- The Speaker of the House presided. the Senator from New York [Mr. giance as follows: The Assistant to the Sergeant at D’AMATO]; the Senator from South Da- I pledge allegiance to the Flag of the Arms, Richard Wilson, announced the kota [Mr. DASCHLE]; the Senator from United States of America, and to the Repub- Vice President and Members of the Kentucky [Mr. FORD]; the Senator from lic for which it stands, one nation under God, U.S. Senate, who entered the Hall of Maryland [Ms. MIKULSKI]; the Senator indivisible, with liberty and justice for all. the House of Representatives, the Vice from Rhode Island [Mr. PELL]; the Sen- f President taking the chair at the right ator from Vermont [Mr. LEAHY]; the of the Speaker, and the Members of the Senator from Michigan [Mr. LEVIN]; ANNOUNCEMENT BY THE SPEAKER Senate the seats reserved for them. the Senator from California [Mrs. FEIN- The SPEAKER. The Chair desires to The SPEAKER. On the part of the STEIN]; and the Senator from California make an announcement. House, the Chair appoints as members [Mrs. BOXER].

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.

H 14255 H 14256 CONGRESSIONAL RECORD — HOUSE December 12, 1995 The Assistant to the Sergeant at tion and decision. We complemented the American century, yes, the century Arms announced the Ambassadors, each other in a determined pursuit of of America. Ministers, and Charge´s d’Affaires of the only objective worthy of the task America nurtured a way of life that foreign governments. bestowed upon us by the people of Is- has made competitive creativeness the The Ambassadors, Ministers, and rael: to carve a new era of security in engine of economic development prac- Charge´s d’Affaires of foreign govern- peace, to build bridges across an Arab- tically in every corner of the world. ments entered the Hall of the House of Israeli divide, an impossible divide. The United States has built strength, Representatives and took the seats re- And he, the captain, is no more. has used strength to save the globe served for them. You, dear friends, have honored him from three of its greatest menaces: the The Assistant to the Sergeant at in life with an intimate, bipartisan Nazi tyranny, the Japanese militarism, Arms announced the Associate Justices friendship to the man, to the land, to and the Communist challenge. of the Supreme Court of the United the cause he represented. You have You did it. You brought freedom. You States. honored him in death with your un- defended it. The Associate Justices of the Su- precedented presence which moved our Even in this very day, as Bosnia reels preme Court of the United States en- hearts. in agony, you offered a compass and a tered the Hall of the House of Rep- May I tell you that the fact that the lamp to a confused situation like in the resentatives and took the seats re- President, two former Presidents, a Middle East. Nobody else was able or served for them in front of the Speak- Secretary of State, two former Sec- was ready to do it. er’s rostrum. retaries of State, the leaders of the You enabled many nations to save The Assistant to the Sergeant at Senate and the House and many of the their democracies even as you strive Arms announced the Cabinet of the Members came on this very sad day to now to assist nations to free them- President of the United States. stand at our side is an unforgettable selves from their nondemocratic past. The Members of the Cabinet of the experience in our life. We really thank Your sons and daughters fought President of the United States entered you. It was great on your part; it will many wars. Your great armies won the Hall of the House of Representa- be unforgettable in our history. many victories. Yet wars did not cause tives and took the seats reserved for Hence, I stand before you with one you to lose heart, just as triumphs did them in front of the Speaker’s rostrum. assignment: In the shadowy light of not corrupt your system. At 11 o’clock and 9 minutes a.m., the those candles, in the tearful eyes of our America remains unspoiled because Assistant to the Sergeant at Arms an- young generation, I heard their appeal, she has rejected the spoils of victory. nounced the Prime Minister of the nay, the order, ‘‘Carry on. Carry on.’’ You have a great Constitution, a vast This is my task. land, a pluralistic civilization. Israel is State of Israel. I stand before you with one over- a small land, 47 years young, 4,000 The Prime Minister of the State of riding commitment: to yield to no years deep. Israel, escorted by the committee of threats, to stop at no obstacle in nego- Thanks to the support you have Senators and Representatives, entered tiating the hurdles ahead, in seeking given and to the aid you have rendered, the Hall of the House of Representa- security for our people, peace for our we have been able to overcome wars tives, and stood at the Clerk’s desk. land and tranquility for our region. [Applause, the Members rising.] and tragedies thrust upon us and feel And in so doing, I ask you, ladies and The SPEAKER. Members of the Con- today strong enough to take measured gentlemen, for your support, and first gress, it is my great privilege, and I risks to wage a campaign for peace to- and foremost, your moral support. deem it a high honor and a personal gether with you. That is what counts mostly. Let me assure you that never shall pleasure to present to you His Excel- Nothing but your own conscience is we ask your sons and daughters to lency Shimon Peres, the Prime Min- your guide. Your faith in the Almighty fight instead of us, just as we have ister of Israel. and the moral imperative that guides never asked you to do so in the past. [Applause, the Members rising.] you. f Yitzhak and I were always firm be- We shall do our task; we shall enjoy your support. ADDRESS BY HIS EXCELLENCY, lievers in the greatness of America, in the ethic and generosity inherent in Indeed, even as I speak before you SHIMON PERES, PRIME MIN- now, Israeli troops are parting from ISTER OF THE STATE OF ISRAEL your history, in your people. For us, the United States of America is a com- Palestinian towns and villages in a his- Prime Minister PERES. Mr. Speaker, mitment to values before an expression toric departure, intending never to re- Mr. Vice President, Members of Con- of might. turn there as occupiers. We do not gress, my very dear friends, I stand be- For us, the vast discovery of America want to occupy anybody. fore you stunned and humbled. It was is its Constitution even more than its This, for us, is a victory of moral but a year ago that on this very po- continent, the Constitution enriched commitment and for the Palestinians a dium there stood before you, in a part- by its biblical foundation. victory of self-respect. For the first nership of hope, King Hussein and From our school days we remembered time, they are governing themselves Prime Minister Yitzhak Rabin. And the proposal of John Adams that the and we are governing ourselves too. Rabin is no more. imagery of ancient Israel captivated Nobody forced us to do so. Nobody It was only 2 years ago that Presi- the Constitutional Congress in 1776. forced us to take these measures, and dent Bill Clinton hosted Chairman We recalled Benjamin Franklin’s idea Israel is neither weak nor afraid. Our Arafat and Prime Minister Yitzhak to incorporate in the Great Seal of the choice was freely made. Rabin, and we all witnessed a historic new Confederation the image of Moses What we have accomplished, in reso- handshake. And Yitzhak has gone. raising his staff, dividing the Red Sea. nance of your own tradition, we have Two weeks and twenty years ago We remembered Thomas Jefferson given, like you, preference to a biblical Lyndon Baines Johnson stood on this suggesting that the image of the chil- ethic. We are true to the old pages. very spot and said, ‘‘All I have, I would dren of Israel struggling through the Yet like you, we have rejected the have given gladly not to be standing wilderness, led by a pillar of cloud by temptation to rule over another people, here today.’’ day, by a pillar of fire by night, that even though we possess the force to do Mr. Speaker, all I have, I would have this image be the symbol of the young so. given gladly not to be standing here Republic, to become the Great Repub- Before coming here, I visited King today. My senior partner is gone. lic. Hussein, a real friend of the United Now, he belongs to the ages. He will History did not stop there. The cloud States. We discussed the possibilities enter them as a great leader, as a great and the fire have accompanied the of transforming the Jordan Rift Valley, soldier, a captain of peace who was as- human experience in this, the most dif- which is in fact an elongated, extended sassinated because he was right. That ficult century in the annals of man- desert, into a Tennessee Valley. We was the reason. kind. learned from you again. I shared with him days of worry and As the end of the 20th century is In a single bold sweep, we are and re- grief. I shared with him hours of reflec- nearing, it could verily be described as main resolved to turn back the desert, December 12, 1995 CONGRESSIONAL RECORD — HOUSE H 14257 to stop the war, and to end the hatred new Middle East, of a new era in the singing, he was singing the song of once and forever. Middle East. peace. I then met with President Mubarak I must admit that the hurdles are The singer, alas, is not with us. The in a highly congenial atmosphere. We many. We have to negotiate mountains song remains. You cannot kill the song agreed to put aside certain bitter of suspicion. We have to traverse of peace. memories and to postpone certain dis- chasms of prejudice. We have to find Now, distinguished Members of the puted issues for a future date. We have solutions to an array of genuinely con- Congress, I say it sincerely, that I have time in the future to disagree; now we flicting interests. They are not artifi- come here for your advice and consent. have to agree. cial. I hazard the thought that the world Then I met Chairman Arafat, and his Israel, for its part, is ready to go, to cannot permit itself to be without expression of condolence had the ring try and do it. American leadership in these trying of a sincere desire for peace. May I tell In October next year Israel will go to times. Not in the Middle East or in you that nothing convinced the Israeli elections. I here declare that the deci- other places. people about the sincerity of the Arabs sion to strive for peace shall be pursued America, in my judgment, cannot es- seeking peace more than the sympathy regardless of it. To win peace is more cape what history has laid on your and condolence they expressed when important than to win elections. shoulders, on the shoulders of each of they learned about the assassination of We shall try wholeheartedly, we shall you. You cannot escape that which Rabin, a sad event, a revealing senti- try to forge the peace with Syria and America alone can do. America alone ment. Lebanon expeditiously so that before can keep the world free and assist na- Arafat is engaged in the new realities the curtain of the 20th century shall tions to assume the responsibility for of his people and he has conveyed to fall, we shall see, all of us, the emer- their own fate. me the solemn promise to intensify his gence of a Middle East of peace. Please continue. Go ahead and do it fight against terror, which is, today, as Mr. Speaker, with your permission, as you did for the whole century; the much a danger to him as it is to the therefore, I would like to use this po- next century is awaiting your leader- peace we are committed together to dium, with your permission, ladies and ship was well. achieve. gentlemen, to turn to President Assad In this spirit, I can do no better than I, on my part, have promised to re- of Syria and say to him: quote what Yitzhak Rabin said to you lease prisoners in our custody, as we ‘‘Without forgetting the past, let us when he stood on this rostrum a year did agree, so as to enable them to par- not look back. Let fingertips touch a ago and he said: ticipate in free elections scheduled for new untested hope.’’ ‘‘No words can express our gratitude the first time in history, to take place Let each party yield to the other, to you for the years of your generous on January 20, 1996. each giving consideration to the re- support, understanding and coopera- As far as we are concerned, democ- spective needs of the other, mutually tion which are all but beyond compare racy, and that includes Palestinian de- so, him to us, we to him. Without illu- in modern history.’’ And Then he said, mocracy, is the best and probably the sion, but with resolve, we shall stand ‘‘Thank you, America.’’ only guarantee for a real and durable ready to make demanding decisions if I, too, say it: Thank you, America, peace. Freedom supports this. you are, if Assad is. for what you are, for what you have I believe in this prospect. Three years We shall negotiate relentlessly until been, for what you shall be. And in so ago, such a prospect would have been all gaps are bridged, if you are, if Assad doing, I shall conclude with a prayer: considered a fantasy; that was part of is. May the Almighty spread His wings the accusation against me. Now reality I believe we face a historic oppor- of loving kindness and His tabernacle is on our side. tunity, perhaps of galloping pace. If we of peace over the Land of Israel. May All this would hardly have been at- shall find the language of peace be- He grant His light and truth to all of tainable were it not for the American tween us, we can bring peace to all of the leaders of our region, to all of the involvement and the support of those us. Surely nothing would capture the leaders of America, to the leaders of efforts. President Clinton and his ad- imagination of young people every- our time. And You give peace in the ministration, the leadership and the where more than a gathering of all of land and eternal joy for its habitants. Members of the Congress, practically us standing together and declaring, and Mr. Speaker, thank you very much. [Applause, the Members rising.] all of them, the American people at when I say all of us, I mean all of the At 11 o’clock and 45 minutes a.m., large, have made possible the dawn of leaders of the Middle East, all the 20 of the Prime Minister of Israel, accom- peace to rise again over the ancient ho- them, not one-by-one, but together, panied by the committee of escort, re- rizon, over the ancient skies of the and declaring the end of war, the end of tired from the Hall of the House of Promised Land, to bring promise again conflict, carrying the message to our Representatives. to the land. forefathers and to our grandchildren The assistant to the Sergeant at And by so doing, you have removed that we are again, all of us, the sons Arms escorted the invited guests from the terrifying prospect of evil hands and daughters of Abraham, living in a the Chamber in the following order: grabbing hold of unconventional weap- tent of peace again. We shall tell them, The Members of the President’s Cabi- ons. together as partners, we are going to net. Mr. Speaker, Members of Congress, build a new Middle East, a prosperous The Associate Justices of the Su- international terrorism is a threat to economy, that we are going to raise preme Court of the United States. us all. Fundamentalism with a nuclear the standard of living, not the standard The Ambassadors, Ministers, and bomb is the nightmare of our age. We of violence. We have enough violence, Charge´s d’Affaires of foreign govern- have to stop it. not enough the-right-way-to-live. ments. We understood that in order to ready What we are going to introduce is f ourselves to confront the new dangers, light and hope to our people, to their we would have to put a stop to the en- destinies. JOINT MEETING DISSOLVED mity with our neighbors. In our time, Mr. Speaker, permit me a personal The SPEAKER. The purpose of the more than there are new enemies, word. In my country I have shouldered joint meeting having been completed, there are new dangers. The dangers of almost every responsibility. I have the Chair declares the joint meeting of our days are not confined to borders; tasted almost every title. I have served the two Houses now dissolved. they are common to all of us, Moslems, almost in every position. Today I wish The Members of the Senate retired to Christians, and Jews alike. Therefore, only one thing: to bear the burden of their Chamber. we have to try to achieve a comprehen- peacemaking. ANNOUNCEMENT BY THE SPEAKER sive peace. In the last moment of his life, we The SPEAKER. The House will con- Peace with Syria and Lebanon, the stood together to the very last mo- tinue in recess until 1 p.m. two remaining adversaries on our bor- ment, his happiest moment of life, Accordingly (at 11 o’clock and 52 ders, may well prove to be the greatest Yitzhak Rabin stood in the Tel Aviv minutes a.m.), the House stood in re- contribution to the construction of a square, me standing on his side and cess until 1 p.m. H 14258 CONGRESSIONAL RECORD — HOUSE December 12, 1995 b 1300 THE NIGHTMARE OF THE country, they found they could not do AFTER RECESS TRAGEDY OF JIMMY RYCE it, which really makes no sense at all. The SPEAKER pro tempore. Under And what will happen by the end of The recess having expired, the House this week is that all of us in the south was called to order by the Speaker pro the Speaker’s announced policy of May 12, 1995, the gentleman from Florida Florida delegation will be introducing tempore (Mr. EWING) at 1 p.m. [Mr. DEUTSCH] is recognized during legislation to correct that so that we f morning business for 5 minutes. can send out that information. MORNING BUSINESS Mr. DEUTSCH. Mr. Speaker, I join If I have learned anything about child abductions, it is that the more in- The SPEAKER pro tempore. Pursu- my colleague, the gentleman from Florida [Mr. DIAZ-BALART], and all the formation that is out there, the more ant to the order of the House of May 12, people see a child’s face, the more 1995, the Chair will now recognize Members from south Florida to rise today with great sadness to share with chances that something will be solved, Members from lists submitted by the and even in this case, the lead was be- majority leader and minority leader you the news that my constituent, 9- year-old Jimmy Ryce, was abducted, cause of that. for morning hour debates. The Chair There are other instances where the will alternate recognition between the sexually assaulted, shot, and finally found dead just a few short miles from Ryce family actually had operational parties, with each party limited to 30 problems dealing with the Federal Gov- minutes and each Member, other than his Miami home. What happened to Jimmy Ryce is ernment in terms of coordination. the majority and minority leaders, really the worst imaginable thing any- They found themselves there is no co- limited to 5 minutes. one could possibly imagine in their ordinated effort for missing children. f wildest nightmares, and all of our com- There is for criminal fugitives, but THE TRAGEDY OF JIMMY RYCE munity in south Florida, unfortu- there is not for missing children. The nately, share the hopes and the fears family was actually calling law en- The SPEAKER pro tempore. Under forcement throughout the State who the Speaker’s announced policy of May and, to an infinitesimal degree, some of the suffering that the Ryce family is had not even heard or were aware of 12, 1995, the gentleman from Florida what was going on. [Mr. DIAZ-BALART] is recognized during feeling today and will always feel. One of the things that has happened I am committed, and I know my col- morning business for 5 minutes. leagues from south Florida, I believe, Mr. DIAZ-BALART. Mr. Speaker, a during this period of time is, unfortu- nately, I have educated myself a little my colleagues throughout this country child is always special. Children are are committed to doing everything the hope of the world, and every child bit about what is going on in child ab- ductions in this country. On several oc- that we possibly can to make sure that is blessed with the love of God and the there is less of a chance that some- goodness of heaven. casions during the last several months I spoke with the FBI and people in- thing like this will ever happen again In south Florida we have all, our en- in this great country. tire community, has been deeply volved in the investigation, people in- volved in the investigation of missing I think we all need to really feel and wounded by the tragedy suffered by one share some of the pain with the Ryce very special child—Jimmy Ryce. And children. Over a thousand a year in this country fall into that category, family because we are a community of by the suffering, the incalculable suf- America, and as a community we need and, again, unfortunately, there have fering, of his wonderful family. to really work on ourselves as a com- been strides in what we have done as a As our prayers go out for Jimmy’s munity to make sure that the sickness society and what we have done as a family so that God may give them the that exists and the indescribable sick- country to try to help this insufferable strength to endure, we also pray for ness is eliminated as much as we pos- Jimmy in Heaven, with full confidence tragedy. In fact, south Florida, unfortunately, sibly can. that he is now at peace in the presence To the Ryce family, I can only say to was an impetus to this several years of the Lord. them that their strength and their per- ago when Adam Walsh was abducted No one in south Florida will ever for- severance will, I am sure, be clear that and killed in south Florida and from get Jimmy Ryce and we join together there will be something that will occur the time that Adam Walsh was killed as a community to grieve for him. in this time, and we know that Jimmy Jimmy’s family—his mom and dad, to today, and really through his fami- Ryce’s soul is in Heaven, and we pray Claudine and Don, his sister Martha— ly’s work, there have been changes. for its continuation. There is now, in fact, a missing persons have shown us all an example of ex- f traordinary strength and of the will to center clearinghouse the Federal Gov- somehow permit this tragedy to shield ernment operates for missing children, UKRAINIAN COMMERCIAL LAUNCH other children from similar future abused and abducted children, that has POLICY nightmares on Earth. Even before we been helpful in solving many cases and The SPEAKER pro tempore. Under all received the ultimately tragic news actually having children returned to the Speaker’s announced policy of May of the last few days, Don and Claudine their families. 12, 1995, the gentleman from Florida Ryce had commenced a petition cam- But, unfortunately, what the Ryce [Mr. WELDON] is recognized during paign to the President, a noble cam- family found is there is still a lot more morning business for 5 minutes. paign that they, and now many in that we can do operationally as a coun- Mr. WELDON of Florida. Mr. Speak- south Florida are continuing, urging try and as a government both on the er, tomorrow the Clinton administra- him to require agencies in the execu- Federal level, but on State and local tion will give away another U.S. indus- tive branch to post in public places pic- levels as well, but on the Federal level. try: the United States domestic com- tures of endangered children, so that Some of the frustration dealing with mercial space launch industry. the American people can help in the the Federal Government during this or- A decade ago, the United States held search for these children, while there is deal really is worth hearing and talk- nearly 100 percent share of commercial still time to save their lives. ing about and changing. As the gen- space launches. Today the United Don and Claudine Ryce have also tleman from Florida [Mr. DIAZ- States holds 30 percent of the market. urged that the media run public service BALART] pointed out and the Ryce fam- This loss of market share is largely due announcements publicizing the photo- ily obviously knows, when they tried to the fact that our competitors re- graphs and the peril of endangered chil- to spread the news of Jimmy’s abduc- ceive heavy subsidies from their gov- dren. tion, and they did an amazing job, the ernments. Together we will remember Jimmy community did an amazing job, and we Between 1996 and 2001, it is estimated Ryce as we strive to bring down the also on the floor of this Congress were that there will be 350 commercial sat- full weight of justice on monstrous talking about it and sending photos ellite launches—120 of these will be beings who commit crimes against ourselves, but when they tried to do geostationary launches. These are the children, and as we work to protect that through a network that exists in high Earth-orbit, expensive launches children against such unspeakable this country of post offices, Federal that the United States dominated until crimes in the future. buildings that are everywhere in this recent years. December 12, 1995 CONGRESSIONAL RECORD — HOUSE H 14259 For each of these launches that goes The Governor of Florida, Lawton ing our domestic launch capabilities and in- overseas the United States loses $50 Chiles, has expressed his opposition to frastructure. Florida’s long, proud history in million—if we lose all 120, that’s about this agreement. The Colorado congres- the U.S. space launch industry may be seri- $6 billion that will go overseas. sional delegation also raised objections ously jeopardized. For our government to give away this heritage and these high-tech, I’m all for the free-market. But I will to the plan. high-wage jobs is unacceptable to American aggressively oppose any plan that gives Mr. Chairman, this Ukrainian agree- taxpayers and the Florida Congressional del- the advantage of foreign competitors ment is bad for this nation. And, I am egation. that receive heavy subsidies from their disappointed that the Clinton adminis- The U.S. space launch industry is ready to governments. Mr. Clinton’s plan does tration appears to have given no con- work hard and fight competitively for their jut this, and that’s why I’m an aggres- sideration to our concerns. In fact, I’m market share. But we shouldn’t ask them to sive opponent of his plan. still waiting for a response to my letter do so when its own government changes the This chart shows what may happen of 3 weeks ago. rules in the market place. We understand to our commercial launch industry. America is the loser in this deal. that if the proposed plan goes forward, 70 to There will be 120 geostationary As vice-chairman of the Space Sub- 90 percent of the commercial, and poten- committee, I have called for a Congres- tially national security, launches will occur launches between 1996 and 2002. outside the United States. This would be, in It is a given Arainespace—Europe’s sional hearing on this issue. I will con- tinue my aggressive opposition this our view, very detrimental both to our na- subsidized space launch industry—will tional security and to our own prospects for receive 72. That’s 60 percent of these agreement. I urge my colleagues to future investments by our own launch indus- launches. Their subsidies allow them to take a closer look at this and other try in this country’s space infrastructure. undercut the United States international agreements that the We request that you brief our delegation unsubsidized prices. Clinton administration is negotiating. on your intentions prior to your upcoming Under an existing agreement with CONGRESS OF THE UNITED STATES, meeting with the Ukraine. We look forward the Chinese, the United States will Washington, DC, November 15, 1995. to hearing from you very soon. allow 20 satellites to be launched on Ambassador MICKEY KANTOR, Dave Weldon; U.S. Trade Representative, Mark Foley; Chinese-Government subsidized launch Washington, DC. Dan Miller; vehicles. DEAR AMBASSADOR KANTOR: We are very Carrie Meek; Under another existing agreement concerned about the direction the Adminis- Bill McCollum; with the Russians, the United States tration is taking regarding United States Peter Deutch; will allow eight satellites to be launch policy. Last year, the Administration Bud Cramer; launched in Russian-Government sub- issued it’s National Space Transportation Tillie Fowler; sidized launch vehicles. Policy. This policy contained a commitment Bill Young; to negotiate and to enforce international Porter Goss; This only leaves 20 launches for U.S. commercial space launch services agree- companies. Well, that is until tomor- Clay Shaw; ments with relevant non-market economies Alcee Hastings; row. (NME’s). It also contained a commitment to Lincoln Diaz-Balart; Under the new agreement that the launch U.S. government payloads on U.S. Charles Canady; Clinton administration will sign with launch vehicles. Cliff Stearns; the Ukrainian Government tomorrow, Your office is currently in the process of John Mica; the Ukranian-Government subsidized negotiating an agreement with the govern- Jim Trafficant. ment of Ukraine. It is deeply troubling that space launch company will get the the Administration is considering giving up other 20 launches. even more of our domestic launch industry U.S. SENATE, This leaves U.S. companies with a to competitors who are overly reliant on Washington, DC, November 28, 1995. grand total of zero. subsidies by their own governments, which President WILLIAM J. CLINTON, Yes, it’s true that U.S. companies distort the competitive market place. Any The White House, Washington, DC. can compete for the launch of these ve- U.S.-Ukraine agreement must reflect the re- hicles, but with the billions in sub- alities of the commercial market. U.S. com- DEAR MR. PRESIDENT: We are writing to you regarding a matter that has already re- sidies from their governments, our for- mercial launch providers have relied upon the 1994 National Space Transportation pol- ceived much attention by our colleagues in eign competitors will easily to able to icy and have invested hundreds of millions of Congress as well as many in the U.S. space undercut U.S. companies. dollars to build launch vehicles which are industry. It is very possible that of the 120 geo- built with virtually 100 percent American It is our understanding that the Adminis- stationary launches over the next 6 components, technology, and labor. It is im- tration is in the process of negotiating a bi- years, none of them will be launched perative that the following be observed and lateral agreement with Ukraine which could from U.S. soil. acknowledged: allow their nation to launch up to 22 U.S. This is a tragedy for U.S. leadership Higly subsidized competitors place U.S. commercial satellites. It is also our under- launch providers at an unnecessary and un- standing that these discussions have prompt- in space. For the American workers fair disadvantage. who have dedicated their lives to mak- ed Russia to propose reopening its current Both the Ukraine and Russia benefit from agreement with the U.S. in hopes of raising ing these launch vehicles. And, for the any Ukraine launch agreement since much of their quota to 20 launches. dedicated and highly skilled workers at the content of the Ukraine vehicle is of Rus- Without a doubt, such agreements will our Nation’s space launch facilities. sian origin. have a major impact on the U.S. space The purchase or the launch of any NME- I, along with others, in a bipartisan launch industry and our nation’s trade bal- built vehicle by a U.S. entity should be effort urged the Clinton administration ance. However, it is not clear to us exactly counted against any quantity limitation in what the effects would be and what other op- to renegotiate some of the earlier the relevant trade agreement. agreements to ensure that the Ukrain- The basic terms of the current US-China tions could, and perhaps should, be pursued ian launches were not in addition to and the US-Russia Space Launch Services by our government as we explore ways to as- those already allotted to our competi- Agreements should not be modified before sist these nations to strengthen their econo- they are due to expire. mies without hindering U.S. efforts in this tors. This suggestion was soundly ig- area. nored by the Clinton administration. Additionally, we understand that the De- partment of Defense (DoD) may be changing We have not passed judgment on this mat- I’m pleased that many of my col- it’s current policy which prohibits national ter since we have not been briefed by the Ad- leagues have also expressed their con- security payloads from being launched on ministration, nor are we aware of any formal cerns about this agreement. non-U.S. launch vehicles. We have serious briefings being held for Congress, regarding The Florida delegation sent a strong objections to allowing DoD to use non-U.S. this issue. It seems reasonable that before an bipartisan letter expressing grave con- launch vehicles for military payloads. This agreement is negotiated that the Adminis- cern over the Clinton-Ukraine Agree- would seriously erode our nation’s ability to tration inform Congress of what is being con- ment which I would like to submit for launch military space assets during times of templated for agreement as well as its rami- fication on the U.S. economy and space in- the RECORD. The distinguished minor- crisis and severely jeopardize our nation’s domestic commercial launch vehicle busi- dustry. Therefore, we ask that finalization of ity leader, Mr. GEPHARDT of Missouri, ness by undermining the U.S. launch indus- any agreement with Ukraine be delayed let the administration know of his con- trial base. until either Congress has been briefed or has cerns in a letter which I would also These policies have the potential to under- had an opportunity to hold hearings in this like to submit for the RECORD. mine the U.S. national interest of maintain- matter. Consistent with this, we ask that H 14260 CONGRESSIONAL RECORD — HOUSE December 12, 1995 current agreements not be opened for re- nounced the planned investment of hundreds cantly affect the viability of McDonnell negotiation until such meetings are held. of millions of dollars in the development of Douglas’ investment to develop the Delta III Your consideration and cooperation in this the Delta III launch vehicle. We believe that and any future investments. matter is much appreciated. this private sector investment in upgrading I thank you for your thoughtful consider- Sincerely, the nation’s launch capability is wholly con- ation in this very important matter. BOB GRAHAM, sistent with, and supportive of, the Adminis- Yours very truly, U.S. Senator. tration’s goals. RICHARD A. GEPHARDT. CONNIE MACK, Any change in the Administration’s policy, U.S. Senator. or any weakening of the existing space THE GOVERNOR OF THE launch services agreements before their expi- STATE OF FLORIDA, SPACEPORT FLORIDA AUTHORITY, ration dates, would impede McDonnell Doug- July 12, 1995. COCOA BEACH, FL, las’ ability to meet required launch rates Hon. BILL CLINTON, November 9, 1995. and put the Delta III program at risk. These President of the United States, Ambassador MICKAEL KANTOR, capricious changes in policy also serve to Washington, DC. U.S. Trade Representative, discourage private investment in our launch DEAR MR. PRESIDENT: I appreciate the on- Washington, DC. infrastructure. going efforts of your administration to de- DEAR AMBASSADOR KANTOR: I am pro- Offering the Ukraine 22 potential launches velop a National Space Policy that recog- foundly concerned that consideration is of satellites and reopening the Russian trade nizes the concerns of Florida and other being given to authorizing the use of excess agreement to raise their limit to 20 satellite states that are investing in commercial Ukrainian ballistic missiles for sale to com- launches, would more than double the limit space launch capabilities. At the invitation mercial United States payloads. As you currently agreed to for the NMEs. This is un- of the Office of Science and Technology Pol- know, the American launch industry is at- fair to our domestic industry and the thou- icy (OSTP), representatives from Florida, tempting to establish a strong commercial sand of high tech jobs at risk. California, Alaska, New Mexico, and Virginia launch sector. This is especially critical to I urge you to postpone the negotiations gathered in Washington recently to discuss the economy of Florida in light of continu- with the Ukraine until a more thorough as- launch policy issues common to our states. ing reductions in civil and military launch sessment of the impact to our domestic in- We presented a broad range of issues which missions. dustry can be made and to not reopen the are critical to the development of state- It is in America’s vital national security Russian agreement signed only a year ago. sponsored spaceports. and economic interests that a healthy com- Sincerely, Of particular concern to Florida is the mercial launch industry be developed. Rec- SCOTT MCINNIS, challenge to United States competitiveness ognizing this, the Department of Defense, Member of Congress. for commercial satellite launches. This chal- NASA, the State of Florida and several other lenge is due in part to existing bilateral state governments have undertaken an ambi- HOUSE OF REPRESENTATIVES, agreements between the U.S. and countries tious and expensive program of infrastruc- OFFICE OF DEMOCRATIC LEADER, with non-market economies, such as China ture modernization. The major aerospace Washington, DC, November 1, 1995. and Russia, which permit those countries to companies no longer develop launch vehicles Hon. MICKEY KANTOR, launch significant numbers of U.S. satellites. in response to federal contracts. A fleet of U.S. Trade Representative, We certainly recognize the importance of new vehicles is being developed at great ex- Washington, DC. these agreements and the strategic alliances DEAR MICKEY: I understand that serious pense to meet the requirements of commer- they represent. In looking at the establish- consideration is being given to revising this cial payload customers over the next twenty ment of new bilateral agreements, such as country’s space launch services trade agree- years. We believe that in the future, space the one we believe is proposed between the ment program in a manner that will severely transportation can be as economically sig- U.S. and the Ukraine, we wish to encourage jeopardize McDonnell Douglas’ ability to nificant as aviation. that careful consideration be given to do- Unfortunately, this climate of investment continue in the commercial launch vehicle mestic economic needs; effective enforce- would be seriously disrupted if the assump- business. The change may be recommended ment of agreed upon launch quotas and a tions of the market and projected demand in relation to the U.S.-Ukraine Space monitoring program to assure that Florida are rendered useless by allowing the dump- Launch Services Agreement which your of- and other states are able to complete equally ing into the market place artificially priced, fice is currently negotiating. with foreign countries. non-market, heavily subsidized launch as- Specifically, an Interagency Working The State of Florida is committed to sets. U.S. policy wisely prohibits its surplus Group is expected to recommend to you and building our space industry’s competitive- military launch vehicles to compete for com- the White House a substantial change in pol- ness and we believe strongly that the com- mercial payloads, in order to prevent just icy regarding such trade agreements. My mercial launch marketplace offers an excit- such disruptions and distortions to the mar- constituent, McDonnell Douglas, relied upon ing transition for companies who are experi- ket. the 1994 National Space Transportation Pol- The mastery of emerging transportation icy when it announced in May, 1995, its deci- encing diminishing defense contracts. technology has been the root of national sion to invest hundreds of millions of dollars Your leadership role on this vital issue will prominence and security throughout history. to build a new vehicle—the Delta III. Its ex- assist the U.S. commercial launch industry Surely you will agree that the United States isting Delta II vehicle currently has the best in receiving the domestic policy support that should not cut the development of its com- reliability record in the increasingly com- is required to increase our international mercial launch industry off at the knees in petitive international market. The Delta III competitiveness. I appreciate your continued order to accomplish foreign aid objectives will be virtually 100% American in terms of attention to space industry issues and look through alternative means. The price is sim- components, technology, and labor. This is forward to the release of the National Space ply too high. significant at a time when other U.S. manu- Policy. Sincerely, facturers of these strategic assets are pur- With kind regards, I am Sincerely, EDWARD A. O’CONNOR, Jr., chasing foreign components or buying for- Executive Director. eign vehicles off the shelf in lieu of domestic LAWTON CHILES. production. f HOUSE OF REPRESENTATIVES, For instance, the Boeing ‘‘Sea Launch’’ Washington, DC, November 8, 1995. proposal would utilize Ukrainian-built vehi- b 1315 Ambassador MICKEY KANTOR, cles at ‘‘dumped’’ prices. They would be U.S. Trade Representative, launched from a platform in the Pacific BUDGET ROBS STRUGGLING Washington, DC. Ocean—not from the States of Florida and FAMILIES TO PAY THE RICH DEAR MR. AMBASSADOR: Last year, the Ad- California. Similarly, the Lockheed Martin The SPEAKER pro tempore. Under ministration issued its National Space Corporation has joined forces with a Russian the Speaker’s announced policy of May Transportation Policy. In the policy, a com- entity to offer below market pricing for 12, 1995, the gentleman from Massachu- mitment was made to negotiate and to en- flights on the Russian Proton vehicle. On the force international commercial space launch other hand, the McDonnell Douglas commer- setts [Mr. OLVER] is recognized during services agreements with relevant non-mar- cial space operations are located primarily morning business for 5 minutes. ket economy countries (NMEs). Your office in California, Colorado, and Florida. They Mr. OLVER. Mr. Speaker, in last is currently negotiating such an agreement employ approximately 6,000 people in high- month’s continuing resolution agree- with the Government of Ukraine. technology jobs in those states. We cannot ment, Republicans and the President In making a recent key business decision, afford to export these jobs which are so im- committed to a balanced budget which my constituent McDonnell Douglas, relied portant to our national security infrastruc- would include, and I quote, ‘‘tax poli- on the Administration’s commitment to ne- ture. gotiate agreements that prevent the disrup- If the recommendations are accepted and cies to help working families.’’ How- tion of the market and avoid seriously jeop- implemented, 70–90% of commercial launches ever, by cutting the earned-income tax ardizing a key part of our space infrastruc- will occur outside the United States, using credit, the Republicans’ balanced budg- ture. In the spring, McDonnell Douglas an- foreign assets. This policy shift will signifi- et plan raises taxes on over 12 million December 12, 1995 CONGRESSIONAL RECORD — HOUSE H 14261 working families whose income is less posed to eliminated the other two sites actually becomes a very small number, than $30,000 per year. from being studied and put it only at but we also oppose this on States’ Now, the Republicans like to give the Yucca Mountain. This deep geological rights issues. impression that all earned-income tax storage area has been being developed The 10th amendment clearly states credit recipients are so poor that they for the last several years. that those powers not given to the Fed- do not pay income taxes, and therefore, No good science is being used out eral Government are reserved for the do not deserve a tax credit, however there; this is purely a political process. States and/or the people. Where in the much such people in such low-income But in the process of developing Yucca Constitution does it give, when it is working categories need it. Mr. Speak- Mountain, transportation of the waste not dealing with a national security er, that is simply not true. to Yucca Mountain has been studied. It issue, this Congress the power to ship The Republican budget actually tar- had to be made safe. nuclear waste to a State that does not gets tax increases to millions of work- Well, in the process of developing a want it? This is a clear violation of the ing families who do pay income taxes, safe, reliable way of transporting the 10th amendment. taxes that are withheld from their nuclear waste to Nevada, lo and behold, Mr. Speaker, let me conclude by say- hard-earned paychecks. it was discovered dry cast storage ing that political expediency is not Now, the Republicans also claim that would also store nuclear waste for the what this new Congress is about. That their $500-per-child tax credit makes up next 100 years in a very safe, reliable is not what we were elected to do. We for their cuts to the earned-income tax manner. were elected to respect the Constitu- credit, but that is not true either. Even We can actually leave this nuclear tion, and we were also elected to bal- with the child credit, the Republican waste on site in dry casts for the next ance the budget. H.R. 1020 is a viola- plan leaves over 7 million families 100 years, and if we want to retrieve it, tion of everything that we were elected poorer. if we develop technology that allows us to do. Now, that is not a tax policy that to use this spent nuclear waste, then f helps families; it is one that drives we will have it at the sites and be able AMERICANS NEED MEDICAID them toward poverty. It does not pro- to retrieve it very easily. If we bury it WORKING FOR THEM tect children; it threatens them. And it into the ground, we will not be able to The SPEAKER pro tempore. Under does not live up to the continuing reso- retrieve this waste. Therefore, from an the Speaker’s announced policy of May lution agreement; it violates that economic standpoint, it is much cheap- 12, 1995, the gentlewoman from North agreement. er to have on-site dry-cast storage. Carolina [Mrs. CLAYTON] is recognized The Republicans even had to violate Yucca Mountain was originally sup- posed to be $200 to $400 million total. In during morning business for 5 minutes. their own House rule requiring a three- Mrs. CLAYTON. Mr. Speaker, the as- recent years now, new studies have fifths majority to raise taxes in order sumptions by the Congressional Budget come out where Yucca Mountain will to pass these tax increases. Office give us greater flexibility in cost over $30 billion to develop. That is It was all to give $245 billion in tax reaching a budget agreement, and that one of the reasons it is a budget-buster, breaks that go mostly to the fewer is indeed great news. However, we $30 billion versus $200 million, and that than 10 percent of the wealthiest Amer- know we will not be able to use all of is just current estimates. We all know, icans who make more than $100,000 a that $135 billion that the Republicans year, tax breaks so large that they ac- 10 to 15 years from now, what happens have found, but one of the places where tually cause the deficit to go up in the to government estimates; they always in the budget we ought to at least first 2 years of the Republican plan, go up. So how big will this bill be for begin to think about investing those and then, after 7 years, the tax break the U.S. taxpayer? moneys would be Medicaid. Medicaid Some people say that this is a na- explodes as far as the eye can see. needs those funds for a variety of rea- tional security issue. I want to raise So do not believe the Republican plan sons, because this is the Federal pro- when they say they have to raise taxes that point. Some people say that it is gram that is indeed provided to provide on working families to balance the not safe to keep this nuclear waste at health care for the most vulnerable of budget. It is unnecessary. It is unfair. all of these storage facilities around our society. It is wrong, so we should not do it. the country. Well, if that were the The Republican plan that was re- The Republicans should live up to case, why do we not have U.S. troops jected and vetoed by the President their agreement to support a budget guarding these places currently? really ignores the past and hurts senior that does not rob struggling families to This is not a national security issue, citizens; it disregards the present and pay the rich. and therefore, it becomes a States’ neglects the future. It hurts children, f rights issue. All of these States that as well as women who suffer under this have enjoyed nuclear power over the H.R. 1020 WILL BUST THE BUDGET program. years, Nevada not being one of those If the Republicans have their way, The SPEAKER pro tempore. Under States, should have to deal with the you must remember that they would the Speaker’s announced policy of May waste, because it is not a national se- give 245 billion dollars’ worth of tax 12, 1995, the gentleman from Nevada curity issue. Those States that have cuts, but at the same time, they would [Mr. ENSIGN] is recognized during benefited from the power and the low- have 163 billion dollars’ worth of cuts morning business for 5 minutes. cost power over the years should pay in Medicaid. Mr. ENSIGN. Mr. Speaker, I rise and should have that stuff in their Now, those are not really cuts; to use today to talk about H.R. 1020, which backyard, this nuclear waste Nevada their words, this is just slowing the has to do with nuclear waste storage. It has never had the benefit of; and there- growth. Nevertheless, you would have is also called the ‘‘budget buster,’’ be- fore, it should not be dumped on a $163 billion less resources to provide cause this bill will indeed bust the small State just because that small health care for the elderly, for chil- budget. It will bust the budget by over State only has two Representatives in dren, for mothers and the disabled who $4 billion in the next 7 years. the House. need those programs and who are cur- Mr. Speaker, not only is there a prob- Mr. Speaker, this whole process has rently using those programs now. lem with this bill as far as the budget never been based on sound science, has We should be reminded that some 36 is concerned; there is also a problem never been based on economics, but has million Americans use Medicaid, and with this bill as far as safety and as far been based purely on politics. We in that is the only health program that as States’ rights are concerned. Let me Nevada understand that everybody they have available to them; 26 million address just a few of the points that wants to get nuclear waste out of their of those 36 million people are the very this bill fails to address. backyard and into Nevada’s backyard. poor. Of that 36 million, 26 million of First of all, the nuclear waste reposi- However, we oppose this measure, be- those persons are very poor. They are tory was originally put forth in 1982 to cause not only will it bust the budget children, they are elderly and, again, be in the State of Nevada or two other by over $4 billion, and when we are they are the disabled. sites. In 1987, the famous bill that we in looking at potentially $30 billion total Again, if the Republican cuts stand, Nevada obviously are very much op- money spent on this deal, the $4 billion that would mean that they will H 14262 CONGRESSIONAL RECORD — HOUSE December 12, 1995 underfund a block grant to the States, more efficient; we need to make sure Mr. Rubin suggests, well, once we and those persons who are now covered we serve as many people as we can. have appropriated the money, it is the by Medicaid, currently covered by Med- Again, Medicaid as a block grant responsibility of Congress to come up icaid, will now have to compete among with no guarantee of health coverage with whatever is necessary in addi- others, if they will be covered at all, in whatsoever will mean that children tional borrowing authority to pay off the year 2002. and older Americans may have no place those debts. So Medicaid as a program, we must to turn. Indeed, America can do better Here is what is being left out of the understand, is the underpinning for at than that. America can find a way to discussion, Mr. Speaker. It is the fact least 26 million very, very poor per- keep this entitlement for all of its citi- that most of the spending, most of the sons, and at least 36 million Ameri- zens. cuts to achieve a balanced budget are cans. Again, who are they? They are f coming from the entitlement changes. the elderly, they are pregnant women, Since a majority in Congress can no b 1330 they are children, and they are the dis- longer reduce spending through the en- abled; no other health care do they WHY WE NEED A BALANCED titlement programs without the con- know other than that. So when we re- BUDGET sent of the President, we have lost duce that by $163 billion over 7 years, The SPEAKER pro tempore (Mr. some of our authority to control the choices will have to be made as to who EWING). Under the Speaker’s an- purse strings of this country. So it is will be covered and who will not be nounced policy of May 12, 1995, the gen- very appropriate to tie the debt ceiling covered. tleman from Michigan [Mr. SMITH] is limit to conditions of changing the en- States will be forced to make some recognized during morning business for titlement programs of this country, to very difficult decisions with their lim- 5 minutes. try to have the U.S. Government live ited Medicaid funds. They must choose Mr. SMITH of Michigan. Mr. Speak- within its means. now, who will they offer health care? er, for the first day during the budget We need to remind ourselves what we Which among those who are disabled negotiations to try to come to a com- are talking about in terms of what bor- now will have a health care and which promise for a balanced budget, the ad- rowing is doing to our economy and the will not have health care? Those are ministration and Congress, I think, obligation that that is passing on to difficult choices to make between peo- have made some progress. Maybe some our kids and our grandkids. ple you are now serving; and why of the hopefulness is in what has been We are borrowing money now because should we have to make those difficult suggested, that the CBO has estimated we think what we are doing and the choices when there are other options? now that approximately $135 billion problems that we face are so important These choices are unnecessary in the extra will be available in their new that it justifies us going deeper into very beginning. We should remember that when we baseline, and that means the dif- debt and telling our kids and our created Medicaid in the first instance, ferences are less in the dollar amount grandkids that they are going to have it was indeed to speak to the most vul- between the House and Senate. to pay back this debt out of money Here is one problem, though, in the nerable of those who need health care. they have not even earned yet. They This is not to suggest that Medicaid CBO estimate of their prediction of a are going to have their own problems. does not need to be reformed; of course, somewhat rosier economy in the next 3 Most people conceptually say, well, containment needs to be made. There or 4 years. That is the fact that it is ex- yes, Government should try to live are ways to have cost containment. actly that, it is 3 or 4 years. The pro- within its means and balance its budg- There are ways to have better health jection in the fifth, sixth, and seventh et. The fact is, is that it has such an care and prevention without denying year is so ambiguous that that is not impact, not only on our moral obliga- people the opportunity of having where additional revenues coming into tions of what we pass on to our kids as health care. the Government are coming from. far as increasing their obligation and Again, if you have to choose between Therefore, when you decide the social problems, but also its effect on our $245 billion worth of tax cuts at the programs that are going to be contin- economy. same time by reducing the growth of ued and expanded, when you decide the Alan Greenspan, our chief banker of $163 billion over 7 years, you will have entitlement programs that are going to this country, head of the Federal Re- to make choices between millions of be continued and expanded, you have serve, came into our Budget Commit- disabled persons, thousands of elderly to take into consideration what is tee and said, ‘‘Look, if you are able to persons and an unknown number of going to happen the fifth, sixth, and end up with a balanced budget, interest persons who are covered as mothers seventh year. Those issues still need to rates will go down between 11⁄2 and 2 and children. be addressed today. percent.’’ In my judgment, that is no choice, no I particularly am very concerned Two weeks ago, he went to the Sen- choice whatsoever. Again, the Presi- about what happened on November 15 ate Banking and Financial Services dent has offered a plan that cuts Med- when the President disinvested the so- Committee and said, ‘‘Look, if you do icaid by one-third as much as the Re- called G fund and the thrift savings not end up with a balanced budget, in- publican plan and yet balances the fund as well as the civil service retire- terest rates could go up another 1 per- budget, cuts Medicaid by one-third as ment trust fund for a total of $61 bil- cent,’’ a dramatic difference in the ef- much and balances the budget. But lion. fect of our individual lives, on how more important than that, he main- Congress, who is given the authority much it costs us to buy a home or bor- tains Medicaid as a Federal program, in article 1, section 8, of the Constitu- row money to go to school or buy a car. as entitlement to the people, not to the tion to control borrowing, has now had Let me just say that it is so impor- States, where the Republican plan some of that power taken away from tant to our future, to our economy, to would be an entitlement to the States. them by an administration that has our well-being in this country and the They would say, States, you have a found a special way to increase the well-being of our kids, that we have got right to this program, not people, not debt load of this country by raiding the to have a legitimate balanced budget, those 36 million people. trust funds, $61 billion. and I sincerely hope the administration We will now be saying, North Caro- It took this country the first 160 and Congress will get together and lina, California, Montana, whatever, years of its existence, through Pearl achieve that particular goal of a real, States, you have that right, not people Harbor, into World War II, before we no smoke-and-mirrors balanced budget. who live in the State. had amassed that kind of a $60 billion So the President’s plan would pre- debt. In one fell swoop, the President f serve Medicaid as a federally sponsored and Mr. Rubin increased the debt load program that would be provided for of this country another $61 billion. RESPONSIBILITY AND ACCOUNT- those who are least among us and the What I would suggest is that it is im- ABILITY FOR MEMBERS OF CON- poor. portant to try to regain control of GRESS Medicaid is indeed an important pro- spending in this country and the debt The SPEAKER pro tempore. Under gram. We need to know how to make it ceiling in this country. the Speaker’s announced policy of May December 12, 1995 CONGRESSIONAL RECORD — HOUSE H 14263 12, 1995, the gentlewoman from Colo- ing to stand and take the consequences Tucker, III, be, and he hereby is expelled, rado [Mrs. SCHROEDER] is recognized for it. from the House of Representatives. during morning business for 5 minutes. So I think in this society where there The SPEAKER pro tempore. The Mrs. SCHROEDER. Mr. Speaker, it is has been so much talk about people Chair will announce scheduling of that with great pain that I come to this trying to become victims and ‘‘Because privileged resolution within 2 legisla- House floor as the senior woman in this I am a victim, therefore I am not re- tive days. House to discuss what I watched yes- sponsible,’’ that does not work. f terday in the press conference coming This great democracy only works if from Salt Lake City by our colleague. every one of us stands up and takes re- PRINTING OF PROCEEDINGS HAD No, I am not here to talk about shed- sponsibility for what we undertook and DURING RECESS ding tears. I have been one to shed takes responsibility for being the cap- Mr. CHABOT. Mr. Speaker, I ask tears. In fact, if Members of Congress tain of our own ship and our own lives. unanimous consent that the proceed- had corporate sponsors like race car So it is with great pain that I say ings had during the recess be printed in drivers do, my corporate sponsor would these things today, because obviously the RECORD. probably be Kleenex. But I am here to my colleague has been very hurt and The SPEAKER pro tempore. Is there remind this body that shedding tears been very hurt in love, which many objection to the request of the gen- does not shed us of our responsibilities people can be hurt. But that does not tleman from Ohio? that we take when we assume this very give people an excuse to walk away There was no objection. solemn task of stewardship for the peo- from their duties or to overlook all the f ple in our district when they send us different things that went on that here to represent them. should have been warning signals, and ANNOUNCEMENT BY THE SPEAKER I watched and was terribly troubled, I do not think we should allow that to PRO TEMPORE because I think it is time we as Mem- be used in this case, either. The SPEAKER pro tempore. The bers of this body realize that when we So I hope all of us take that seri- Chair will entertain fifteen 1-minutes get elected, we are the ones that get ously, think about our responsibility on each side. elected. Our spouses do not get elected. seriously and wonder how in the world f Our staffs do not get elected. If we this democracy can ever work if we choose to delegate some authority to allow people to be able to shed tears SECRETARY OF ENERGY MISUSES our spouses or to our staffs, then we and be able to shed responsibility, or PUBLIC FUNDS must stand and take the responsibility claim victimhood and therefore shed (Mr. CHABOT asked and was given for that delegation. Because only our responsibility. permission to address the House for 1 name is on that ballot, and that ballot Responsibility is not another layer of minute and to revise and extend his re- is a very, very sacred act in the democ- skin like a snake has, and you can just marks.) racy. When you vote for a person, you say, ‘‘Oops, I am out of there, I am Mr. CHABOT. Mr. Speaker, more are to get that person or that person’s someone new.’’ than a month ago I came to this floor judgment, and that is all we have that No, we must be held accountable for and called upon President Clinton to holds representative government to- our acts. That is the very, very basis of dismiss the Secretary of Energy, Hazel gether. this Government. And yesterday for me O’Leary. I said that she should not re- So as I watched yesterday and I was a very sad day. main in office for even 1 more day after heard the many explanations, I was f we learned of her use of public funds to even further troubled by the expla- rank news reporters based on their nation that, even though everybody RECESS treatment of her. knows none of us are allowed to receive The SPEAKER pro tempore. Pursu- But, Mr. Speaker, while the White more than $1,000 to campaign with ant to clause 12, rule I, the Chair de- House condemned her conduct the from either a spouse or a family mem- clares the House in recess until 2:30 President allowed Secretary O’Leary to ber or a friend or anybody. No one is p.m. remain and to continue spending public allowed to receive more than $1,000. Accordingly (at 1 o’clock and 41 min- funds. Now we learn that she has You can only spend more than that if utes p.m.), the House stood in recess soaked the taxpayers for millions more it happens to be your own money. until 2 p.m. And so hearing that, ‘‘Oh, well, I did by living the high life on foreign jun- it but, you see, you cannot give an f kets—while padding the payroll here at home. election back, so on with the show.’’ b 1430 Well, you may not be able to give an Half a million dollars for a trip to election back, but I must say you can AFTER RECESS Pakistan? Unbelievable. $850,000 for a step down. You can step down. If any The recess having expired, the House trip to China? That’s an outrage. No American went out and procured items was called to order by the Speaker pro wonder this administration has such difficulty swallowing a balanced budg- with illegally-gotten money and that tempore (Mr. EWING) at 2 o’clock and 30 was discovered, they would have to minutes p.m. et and letting taxpayers keep more of their own money. Cabinet status ought give it back. They would have to give f it back. You can never undo what was not entitle one to take a perpetual wrong, but you try to make rec- ANNOUNCEMENT OF INTENTION TO five-star vacation at taxpayer expense. ompense. OFFER PRIVILEGED RESOLUTION Instead of dismissing these concerns, I think we have these laws that we PROVIDING FOR THE EXPULSION this time the President ought to dis- either honor or, if we are going to ig- OF REPRESENTATIVE WALTER miss Secretary O’Leary. nore them, find out about them later R. TUCKER III, FROM THE HOUSE f and say, ‘‘So be it,’’ it does not work. OF REPRESENTATIVES FULL FUNDING FOR LIHEAP It does not work. Mr. SENSENBRENNER. Mr. Speak- Saying that you signed blank state- er, pursuant to clause 2(a)(1) of rule IX (Mr. MOAKLEY asked and was given ments and you are very sorry that they of the House of Representatives, I here- permission to address the House for 1 filled them in, hey, let us see the aver- by give notice of my intention to offer minute and to revise and extend his re- age American be able to use that de- a resolution which raises a question of marks.) fense with the Internal Revenue Serv- the privileges of the House. The form of Mr. MOAKLEY. Mr. Speaker, winters ice: ‘‘I just signed a blank 1040. Some- the resolution is as follows: in Massachusetts can get pretty cold. one filled it in, and I did not really This Sunday, with the windchill, it A resolution providing for the expulsion of mean to do it.’’ That does not work. Representative Walter R. Tucker, III from went down to below zero—and we’re None of us are allowed to delegate our the House. Resolved, That pursuant to article not even half way into December. citizen responsibility, our representa- I, section 5, clause 2 of the United States These low temperatures mean that a tive responsibility, unless we are will- Constitution, Representative Walter R. lot of homes can get dangerously cold H 14264 CONGRESSIONAL RECORD — HOUSE December 12, 1995 in the winter—especially if families His story has been told on ‘‘America’s Is it any wonder that the American have trouble paying high heating bills. Most Wanted,’’ on ‘‘Unsolved Mys- people are saying, kiss my taxes? That’s why the Home Energy Assist- teries,’’ and no one who has seen any of Beam me up, Mr. Speaker. I yield ance Program, known as LIHEAP, is so these shows has seen Donald Eugene back the balance of my taxes. important and that’s why 180 of my Webb. f colleagues and I are going to do every- Mr. Webb’s family, including two THREE BUDGETS FOR CONGRESS thing we can to make sure it isn’t sons who were infants and who are now eliminated. We’ve written a letter ask- young teenage men, deserve an answer. (Mr. HEFLEY asked and was given ing for full funding for LIHEAP. His widow has since remarried and de- permission to address the House for 1 Mr. Speaker, I would tell my col- serves an answer. The people of minute.) leagues who may vote to kill Saxonburg, PA, and all of law enforce- Mr. HEFLEY. Mr. Speaker, the third LIHEAP—It’s cold out there. The rich ment deserve to have an answer, and time is a charm, right? Well, not for don’t need another tax break. Please deserve to have Donald Eugene Webb this President. Last week he tried, keep the heat on. brought to justice. once again, to lay out a balanced budg- et plan. Unfortunately, the President f f missed the mark by well, $400 billion. PROTECT THE FUTURE—SUPPORT SAVE THE AMERICAN DREAM The simple fact is, the only budget THE REPUBLICAN BUDGET (Mr. KNOLLENBERG asked and was proposal proposed thus far that bal- (Mr. SAM JOHNSON of Texas asked given permission to address the House ances the budget in 7 years, cuts taxes and was given permission to address for 1 minute and to revise and extend for working families, saves Medicare the House for 1 minute and to revise his remarks.) from bankruptcy, and reforms welfare and extend his remarks.) Mr. KNOLLENBERG. Mr. Speaker, is the Balanced Budget Act of 1995 Mr. SAM JOHNSON of Texas. Mr. while there are some significant dif- which President Clinton vetoed last Speaker, the Dallas Cowboys are losing ferences between the Republican Bal- week. and the American people are also los- anced Budget Act of 1995 and President The President has now presented ing as long as our President puts his Clinton’s unbalanced budget act of three budgets to Congress, well, one priority on spending. The simple truth 1995, both sides in the debate agree budget and two sets of talking points; remains: The President is against a that we should spend significantly yet none of them comes into balance. balanced budget because he wants to Mr. Speaker, it is time for the Presi- more on Medicare each year. spend more taxpayer dollars to expand dent to keep the promise he made 23 Now, the difference between the in- the size and scope of the Government. days ago: Balance the budget in 7 years creased spending in President Clinton’s The proof is in the details. The Presi- using honest numbers. There is only budget and our budget over the next 7 dent’s first and second budgets would one person standing between the Amer- years is, get this, less than 2 percent. leave huge deficits. The President’s ican people and a balanced budget, and third budget spends an additional $400 So where is the fight? Under the Republican budget, Medi- that one person is Bill Clinton. billion, does not balance, and raises care spending grows from $178 billion f your taxes. Our President is still the same old to $289 billion by the year 2002, and COUNTDOWN TO SHUTDOWN tax and spend liberal. spending per senior grows from $4,800 (Ms. NORTON asked and was given That’s why House Republicans are to $7,100 by the year 2002. permission to address the House for 1 standing firm for a balanced budget Under the President’s budget, Medi- minute and to revise and extend her re- that ends deficit spending and pre- care spending starts out at $178 billion, marks.) serves America’s future. A budget that just like under the Republican plan, Ms. NORTON. Mr. Speaker, this is ensures prosperity, ensures stability, and increases to $294 billion by the day four of the countdown to shut- and ensures freedom for all Americans. year 2002. Spending per senior citizen down. It no longer looks as if shutdown Protect the future—support the Repub- increases from $4,800, again just like lies ahead for the Federal Government. lican balanced budget. the Republican budget, up to $7,245, a A CR until January sometime is more f pinch less than 2 percent over the Re- likely. For the District of Columbia, a publican plan. So again I ask, where is CR is only marginally better than a DONALD EUGENE WEBB SHOULD the beef? Where is the problem? shutdown. BE BROUGHT TO JUSTICE Mr. Speaker, it is time that the Mr. Speaker, you cannot run a com- (Mr. KLINK asked and was given per- President stop using imaginary Medi- plicated city on a month-to-month mission to address the House for 1 care spending cuts as an excuse for not basis. It makes it almost impossible to minute and to revise and extend his re- balancing this budget. It is time for make rational management and finan- marks.) him to help the Republican majority cial decisions. Mr. KLINK. Mr. Speaker, 15 years put our House in order and save the Thanks to a bipartisan bill, the D.C. ago last Monday I was a young tele- American dream for the next genera- Fiscal Protection Act, D.C. may be vision reporter in a small town called tion. spared this new atrocity; the sub- Saxonburg, PA, which now happens to f committee will mark up a bill tomor- be in my congressional district. I was TAXES, TAXES, TAXES row. The full committee has waived ju- there because in the middle of the risdiction, indicating how important it afternoon the police chief in that small (Mr. TRAFICANT asked and was is to allow the District of Columbia to town, Gregory Adams, was murdered. given permission to address the House spend its own money. Yes, its own He was beaten and he was shot with his for 1 minute and to revise and extend money; 85 percent of the money in our own gun; and today the perpetrator of his remarks.) appropriation is raised from District that heinous crime remains free. Mr. TRAFICANT. Mr. Speaker, how taxpayers. His name is Donald Eugene Webb, can America be bankrupt? There are Community leaders representing and he is either in the enviable or airport taxes, highway taxes, excise those taxpayers met with me in a town unenviable position of being on the taxes, estate taxes, gas taxes, property meeting last night. They are the inno- FBI’s 10 Most Wanted list a record taxes, income taxes, sales taxes, luxury cent bystanders. They say that there amount of times. In 15 years neither taxes, nanny taxes, old taxes, new could be no greater waste than forcing the FBI nor any other law enforcement taxes, hidden taxes, inheritance taxes; the District to pay employees on a CR agency has seen Donald Eugene Webb, there is even now a tax called a sin tax. basis. Free the D.C. 85 percent. even though the full efforts of the I say to my colleagues, no wonder the f Pennsylvania State Police and the Fed- American people are taxed off. eral Bureau of Investigation have been The truth is that Congress as a Con- DO NOT BALANCE THE BUDGET ON extended. gress that taxes everything ultimately BACKS OF SENIOR CITIZENS Webb has been named fugitive of the will tax freedom and will not balance (Mr. STUPAK asked and was given week by Pennsylvania Crime Stoppers. anything. What is next? A budget tax? permission to address the House for 1 December 12, 1995 CONGRESSIONAL RECORD — HOUSE H 14265 minute and to revise and extend his re- Mrs. SCHROEDER. Mr. Speaker, let minute and to revise and extend his re- marks.) me remind people one more time that marks.) Mr. STUPAK. Mr. Speaker, as we September 30 was the end of the fiscal Mr. OLVER. Mr. Speaker, in the begin to consider how to balance the year, and we did not get our job done. budget continuing resolution the Gov- budget this week, we must remember Now to be talking about shutting down ernment is operating under, Repub- people. Let us not balance the budget Government because we did not do our licans committed to a balanced budget on the backs of our senior citizens. job is absolutely outrageous. The only that must provide adequate funding for We do not need $245 billion in tax people that get hurt by this are the Medicaid. breaks for the wealthiest 1 percent of taxpayers. They are going to pay more But by slashing Medicaid by $163 bil- this country and for large corpora- and get less, which is absolutely the in- lion, their budget plan threatens the tions. We must keep in mind what our verse of what they want. They would health security of disabled and elderly decisions do to ordinary people. like to pay less and get more. So we Americans and the income security of One of my citizens recently wrote to got it wrong. the families who love them. me, and if I can quote from that letter: Now, we ought to move on these The Republican plan completely eliminates the guarantee of long-term We used all of our life savings on Medicare bills, get them done, get our work and doctor bills for our golden years and now done. It is so late, if any other Amer- care. we are on Medicaid. If it were not for the ican had their work that late, they It allows the States to go after every help from Medicaid, we would both die. would be fired. penny—and every piece of property— Please help us and do not let the Republicans Then we ought to move on to getting held by families of those who need take this away from us, because I am so this budget put together. It is not nursing care. afraid of this happening. With all of our med- about whether we are going to have a And all to give $245 billion in tax ical problems, we still carry our high insur- balanced budget in 7 years. Both sides breaks mostly to the very wealthiest ance, even though I have to borrow the agree to that. It is whether we are among us. money from family, and they really do not going to have a huge tax cut for the Republicans should live up to their have it to give. And our insurance stops at agreement and support a budget that 65. Then where will we be? Please help us. rich that has been called the crown jewel of the contract. protects Medicaid, rather than obliter- Let us help the ordinary citizens of Well, I am not sure with a country ating it. this country. Let us repeal the tax that runs this kind of deficit we need f breaks for the wealthiest and the large to be giving out jewels to the rich. corporations of this country. Let us BOSNIA PEACEKEEPING MISSION That is what it is all about. Keep that DESERVES SUPPORT put people first and not corporate wel- focus, get the work done, and for heav- fare first. en’s sakes, get this body out of here for (Ms. DELAURO asked and was given f the holidays. permission to address the House for 1 f minute and to revise and extend her re- REPUBLICAN BUDGET PUNISHES marks.) POOR CHILDREN DEMOCRATS WILL PROTECT Ms. DELAURO. Mr. Speaker, over the (Ms. WOOLSEY asked and was given SENIORS AND STUDENTS weekend, I joined a fact-finding trip to permission to address the House for 1 (Mr. HILLIARD asked and was given Bosnia. I left with strong reservations minute and to revise and extend her re- permission to address the House for 1 about our military mission there, but I marks.) minute.) have returned with the knowledge that Ms. WOOLSEY. Mr. Speaker, when it Mr. HILLIARD. Mr. Speaker, at a our troops are ready and our mission is comes to taking care of children, the time when the Republicans continue to clear. I have also returned with a belief Gingrich welfare reform bill says, if cut, slash, and rip almost all of the that we have a moral obligation to do you are a poor kid, do not get sick. Be- programs designed for our seniors and what only a U.S.-led force can do: Keep cause we learned today that the Speak- our children, the country should know the peace. er does not have any qualms about tak- that the Democrats in this Congress One of the highlights of our trip was ing away children’s health insurance. are fighting the extreme forces of a stopover in Germany to visit with In fact, his welfare reform bill takes right-wing radicals. American troops who will be deployed Medicaid from AFDC recipients. While our Republican colleagues in the coming weeks. While there, I had This hits home to me, because 28 have chosen to serve the special inter- a chance to speak with a young soldier years ago I was forced to go on welfare ests of the rich by their sponsorship of from New London, CT, Pvt. Jarion to provide my three children with the the greedy and selfish $245 billion tax Clarke. Private Clarke told me that he medical coverage and the health cov- break for the wealthy, we Democrats is well trained, has faith in his leaders, erage they needed through Medicaid. I are fighting for the many programs and believes in the United States mis- know what it is like to lie awake at that are vital to working Americans. sion in Bosnia. night, worried to death that one of my We Democrats are fighting to preserve I asked Private Clarke what I could children might get sick. Medicare, which will cost over $450,000 do for him: ‘‘Tell the American people Mr. Speaker, I will not stand by loss to one hospital, Baptist Princeton that we are ready and we need their quietly as the Speaker of the House in my district, from now and each year support,’’ he said. So, that is the mes- tries to force this agony on other thereafter until the year 2002. sage I bring. Our soldiers need our sup- mothers, other mothers who are trying While we are fighting to preserve port. They deserve our support. The so hard to do what is best for their Medicaid, the Republicans are cutting peace-keeping mission in Bosnia de- children. long-term and acute care all across serves our support. Mr. Speaker, welfare reform is not this country. While we are fighting to f preserve education, the Republicans supposed to be about punishing poor SUPPORT THE TROOPS IN BOSNIA children. It is about improving their are cutting math programs, reading (Mr. HASTINGS of Florida asked and lives by giving their parents the edu- programs, Head Start, and other job-re- was given permission to address the cation, the job training and the child lated programs. House for 1 minute and to revise and care needed to get a job so that they Mr. Speaker, it should be obvious extend his remarks.) can stay off welfare permanently. that the Democrats are fighting for the working men and women of America Mr. HASTINGS of Florida. Mr. f and the Republicans are fighting to Speaker, I wish to echo the sentiments b 1445 serve their rich masters. of the previous speaker, the gentle- f woman from Connecticut (Ms. LET US GET THE JOB DONE DELAURO). I, too, was on that mission. (Mrs. SCHROEDER asked and was BALANCED BUDGET SHOULD I, too, had serious reservations of going given permission to address the House PROTECT MEDICAID into the Balkans. We covered five for 1 minute and to revise and extend (Mr. OLVER asked and was given countries in 4 days in that weekend pe- her remarks.) permission to address the House for 1 riod with a bipartisan delegation of H 14266 CONGRESSIONAL RECORD — HOUSE December 12, 1995 outstanding Members of this U.S. CORRECTIONS CALENDAR warning sign about the potential dan- House of Representatives. The SPEAKER pro tempore (Mr. gers of saccharin which is really no longer necessary. It was put into the I came back most impressed with EWING). This is the day for the call of Snuffy Smith, the admiral, and Gen- the Corrections Calendar. original law dealing with saccharin at eral Crouch, who have charge of our The Clerk will call the first bill on a time when we thought there ought to be a warning until such time as the troops. These men know what they are the Corrections Calendar. doing. These troops are ready; they are label itself on the product contained well trained. It is not risk-free, but the f the information to advise consumers. I think that the gentleman from western alliance and America’s status REPEALING SACCHARIN NOTICE California [Mr. BILBRAY], my friend in this world is at stake in this matter. REQUIREMENT One person said something that will and colleague, is to be commended for last with me forever, and that is that The Clerk called the bill (H.R. 1787) bringing this issue to our attention. the people in the Balkans need a period to amend the Federal Food, Drug and This is a bill that no one should dis- of decency. Cosmetic Act to repeal the saccharin agree with. It is correcting a problem. I have never seen such devastation as notice requirement. I think that it is overdue. I would urge we saw in Sarajevo. I ask of this House The Clerk read the bill, as follows: support for this bill. Mr. Speaker, I reserve the balance of when we consider, if we do, any resolu- H.R. 1787 my time. tion, that we take into consideration Be it enacted by the Senate and House of Rep- resentatives of the United States of America in Mr. BILIRAKIS. Mr. Speaker, I yield the immense need to support the such time as he may consume to the troops of the United States of America. Congress assembled, SECTION 1. NOTICE REQUIREMENT REPEAL. gentleman from California [Mr. f Section 403 of the Federal Food, Drug, and BILBRAY]. Cosmetic Act (21 U.S.C. 343) is amended by (Mr. BILBRAY asked and was given NOT A BALANCED BUDGET striking paragraph (p). permission to revise and extend his re- The SPEAKER pro tempore. Pursu- marks.) (Mr. TAYLOR of Mississippi asked Mr. BILBRAY. Mr. Speaker, I rise in ant to the rule, the gentleman from and was given permission to address support of H.R. 1787. First, I would like Florida [Mr. BILIRAKIS] and the gen- the House for 1 minute.) to begin by thanking the gentleman tleman from California [Mr. WAXMAN] Mr. TAYLOR of Mississippi. Mr. from California [Mr. COX] and the gen- each will be recognized for 30 minutes. Speaker, in today’s USA Today on page tleman from North Carolina [Mr. The Chair recognizes the gentleman 7 is an ad that contains the following BURR], who joined me in introducing advertisement where the National Re- from Florida [Mr. BILIRAKIS]. this common sense correction bill back publican Party offers a million dollars Mr. BILIRAKIS. Mr. Speaker, I yield in June. to the first citizen who can prove that myself such time as I may consume. Also, Mr. Speaker, I would like to the following statement is false: ‘‘In (Mr. BILIRAKIS asked and was given thank the gentleman from Florida [Mr. November 1995, the U.S. House and permission to revise and extend his re- BILIRAKIS] and the gentleman from Vir- Senate passed a balanced budget bill.’’ marks.) ginia [Mr. BLILEY], who have guided Then it goes on to talk about the in- Mr. BILIRAKIS. Mr. Speaker, I rise this bill through subcommittee and creases in spending for Medicare. in strong support of H.R. 1787, legisla- committee and brought it to this proc- In November 1995 the House and Sen- tion to repeal an unnecessary sac- ess of corrections day with the support ate passed a budget bill that increases charin notice requirement that, with of the gentlewoman from Nevada [Mrs. the annual operating deficit of this the passage of time, has become redun- VUCANOVICH]. country by $33 billion. You see, next dant and unnecessary. The focus of this bill’s correction is a year’s annual operating deficit will be In 1977 Congress passed a law pre- classic example of the need of the cor- $296 billion, of which $118 billion will be venting FDA from banning the use of rection day and the intent that was stolen from the trust funds that you saccharin. As an interim measure, the stated by the Speaker in the days that good people are paying into on your law required stores that sold products he introduced it. This bill is a good ex- Social Security and other programs. containing saccharin to post warnings ample of how we can streamline exist- That is not a balanced budget. Mr. until package labeling would include ing law and make more sensible, effec- Barber, you can write the check care of the required warning. tive law out of a system that needs up- the University of Southern Mississippi As warnings are now on all packages dating. scholarship fund. You are out $1 mil- containing saccharin, there is no rea- H.R. 1787 will eliminate a once-need- lion. son to maintain an unnecessary warn- ed but now unnecessary regulation ing requirement. Eliminating this re- while continuing to provide consumer f quirement will save retailers—and ulti- information and protection to small mately consumers—from unnecessary business owners and consumers alike. DISCHARGING COMMITTEE ON compliance costs. The need for this bill, Mr. Speaker, WAYS AND MEANS AND I want to commend the sponsors of became apparent last year when 54 re- REREFERRAL TO COMMITTEE ON this legislation for bringing this bill tail companies in California were TRANSPORTATION AND INFRA- forward, especially the gentleman from served a complaint under the State’s STRUCTURE OF H.R. 2415, TIMO- California [Mr. BILBRAY]. I also want to bounty hunter statute. This complaint THY C. McCAGHREN CUSTOMS commend the Speaker’s Advisory alleged that the stores had failed to ADMINISTRATIVE BUILDING Group on Corrections that includes the maintain a saccharin warning sign in Mr. GILCHREST. Mr. Speaker, I ask ranking member of the Health and En- violation of Federal law. In April of unanimous consent the Committee on vironment Subcommittee that identi- this year, more than 20 supermarket Ways and Means be discharged from fied this bill as a candidate for the Cor- companies in North Carolina were consideration of the bill (H.R. 2415) to rections Calendar. threatened with lawsuits for failure to have the warning signs posted. designate the U.S. Customs Adminis- I thank my colleagues on both sides Mr. Speaker, many of these stores trative Building at the Ysleta/Zaragosa of the aisle for their support of this that are affected are mom-and-pop op- Port of Entry located at 797 South legislation. erations and the signs might have got Ysleta in El Paso, Texas, as the ‘‘Timo- Mr. Speaker, I reserve the balance of lost, might have been stolen, could thy C. McCaghren Customs Adminis- my time. have fallen behind the charcoal bri- trative Building,’’ and that the bill be Mr. WAXMAN. Mr. Speaker, I yield quettes in the front of the store. They rereferred to the Committee on Trans- myself such time as I may consume. may have even been unaware that the portation and Infrastructure. Mr. Speaker, I rise in support of this regulation existed at all. The SPEAKER pro tempore. Is there legislation. It is a good candidate for objection to the request of the gen- the Corrections Day Calendar because b 1500 tleman from Maryland? this bill would correct a provision in In any event, I think we can agree There was no objection. law that requires the posting of a that a lawsuit on this ground would December 12, 1995 CONGRESSIONAL RECORD — HOUSE H 14267 qualify as ridiculous. H.R. 1787 removes Mrs. VUCANOVICH. Mr. Speaker, I Let me walk-through why I am raising a this threat from small retailers around want to thank Mr. BILIRAKIS and Chair- word of caution today regarding H.R. 1787. the country while continuing to re- man BLILEY for all their hard work to Current Medicare law states that: quire the consumer warnings continue see that we have these two bills on the It is unlawful for a person to sell or issue to be placed on the packages of the floor for consideration today. The cor- [to a Medicare beneficiary] a health insur- products that contain saccharine. rections process is dependent on the co- ance policy with the knowledge that the pol- Mr. Speaker, I have here a letter operation of the authorizing commit- icy duplicates health benefits to which the person is entitled under Medicare . . . unless which underscores the need of H.R. tees. Mr. BLILEY and his staff, and Mr. 1787, which I would ask to be included there is disclosed in a prominent manner the BILIRAKIS and his staff have been very extent to which benefits under the policy du- in the RECORD, and it describes the cooperative and have really been key plicate Medicare benefits. writer’s intent to sue a food store to the success of corrections day. I This simple notice saves senior citizens chain for $2.5 million for violating the would also like to thank Congressman from wasting millions of dollars each year on saccharine warning notice require- WAXMAN, a member of our corrections what one consumer organization has de- ment, and I quote from that letter: day process, who has spoken in support scribed as ``illusory policies which pay out little ‘‘for the direct endangerment of my of H.R. 1787. H.R. 1787 will repeal a du- or nothing to Medicare beneficiaries.'' personal health over the years.’’ plicative saccharin labeling require- Mr. Speaker, I would like to say my In contrast to the action taken today with ment. This bill is so simple and makes H.R. 325 in full public view, buried in the Re- friend and colleague, the gentleman so much sense it is a wonder we even publican Medicare bill that passed the Con- from California [Mr. WAXMAN], who have to spend time to discuss it, but gress last month was a provision that deletes originally wrote the law, has reviewed unless we act this relic of a law will re- my bill and agrees that while the warn- this important notification requirement. Why? main on the books causing financial There are a few well-heeled insurance com- ing notice requirement served its pur- hardship to thousands of small busi- panies that sell these disease specific, or pose in 1977, it is no longer required in nesses. dread-disease policies, and they have an in- 1995. I appreciate the support of the The substance of the bill has already terest in having ignorant consumers. And they gentleman from California [Mr. WAX- been explained, and there is not a lot have an interestÐa stockholder share you MAN], his sense of historical perspec- one can say without belaboring the ob- might sayÐin the new Republican majority. tive and the strong bipartisan support vious. So, I will restrict my comments These insurance companies expect a return of my colleagues from this sensible and to the need for speedy passage of this noncontroversial bill. bill. on their investments. To give them that return, In closing, Mr. Speaker, I need to say The other body has several bills the interests of elderly Americans were the American people want to see more which have passed this House without brushed aside and the notification requirement bipartisan support, more bipartisan co- any objection under the corrections was erased. operation across the aisle, and they calendar. in fact, including the two To protect Americans from similar anti- also want us to be brave enough to do bills which will pass today, we have consumer actions in the future by the Repub- what is best no matter which side sent 11 pieces of corrections legislation lican majority, maybe we need to maintain two brings up a good idea. Mr. Speaker, to the other body in less than 5 of everything in Federal law. When at some this is one of those things that needs to months. All but one of those 11 bills point down the line Republicans need to pro- be improved. The original author rec- passed the House by voice vote or with- vide a sweetener for a particular special inter- ognizes that the time has passed for out opposition. Working in a bi-par- est, they can delete one provision but leave this regulation to be in force, and I ask tisan fashion and with the help of our the second one intact so consumers can the rest of the House to join with the committee chairmen this House has maintain needed consumer protections. gentleman from California [Mr. WAX- made corrections day successful. It is I am not opposed to the bill we are consid- MAN] and this gentleman from Califor- my hope that before we leave for the ering today. By passing H.R. 1787, we will nia [Mr. BILBRAY] in correcting a prob- Christmans break we can have all of eliminate a redundancy but maintain a notice lem that should not be allowed to exist these bills on the President’s desk. that is a necessary consumer protection. The any further and also to prove that bi- I am calling on the other body to notice to Medicare beneficiaries warning them partisan support and cooperation is for take up these bills as quickly as pos- that they are being sold a worthless or near- the benefit of the American people sible. If there are disagreements, we worthless insurance policy also is worthy of who, after all, we all represent here in can work them out, but let’s not delay maintaining. the people’s House. these much needed corrections any In fact, in opposing the Republican Medi- Mr. Speaker, the letter is submitted longer. care effort the National Association of Insur- for the RECORD, as follows: Mr. STARK. Mr. Speaker, I would like to ance Commissioners stated that the Repub- To whom it may concern: I , Herein compliment my colleagues on identifying a re- lican Medicare bill ``would strip seniors of the wish to submit my intentions to file suit dundancy in Federal law and working together protections afforded by the disclosure state- against the following food store chains. For to eliminate it. As has been stated, current law ment.'' the sum of $2.5 million dollars each. For the requires grocery stores to post a notice on the Again, I'd like to compliment the work of Mr. direct endangerment to my personal health potential dangers of saccharin in addition to WAXMAN and Mr. BLILEY on bringing H.R. 1787 over the years, through the consumption of to the floor but reiterate my word of caution hazardous products, and through the non the labeling of the food product itself. Clearly, one notice is enough. that we not go to the extreme as was done in compliance of the F.D.A. regulation 21– case of Medicare. Despite what well-heeled 101.11. However, after speaking with an at- I am concerned, though, that down the line torney in regards to this matter, it was sug- the remaining notice requirement will be re- lobbyists may say, ignorance is not bliss. Igno- gested that I may have other opsections pealed even though it is a necessary rance can be dangerous to consumers. available such as (2) Reporting this to the consumer protection. Let me tell you why. Luckily for Medicare beneficiaries, we have commissioner of the F.D.A. (3) Report to the Today, in Federal law, there is a require- a Democratic President in the White House T.V., and news media how all 22 of the major ment that private insurance companies provide who has made a commitment to protect the food chains in the Wilmington area, Some notice to Medicare beneficiaries if a health in- physical and financial health of the seniors of how over looked an FDA public health warn- surance policy they are selling duplicates America. He has vetoed the Republican Medi- ing regulation for years. Or, (4) Submit this care bill. Now, their damaging special-interest letter to all the food chains or stores in- Medicare benefits. In the Republican Medicare volved and hope to come to some kind of dis- plan, this notification requirement is elimi- provisions can be eliminated and consumer creet, and brief respective financial com- nated. protections maintained. pensation regarding this matter, on my be- Again, under the Republican Medicare plan Mr. GILLMOR. Mr. Speaker, I wish to ex- half, without involving the F.D.A. or the a notification requirement is to be eliminated press my strong support for this legislation publics opinion. Inclosed is a list of the that alerts Medicare beneficiaries that a policy and commend the gentlemen from California stores, that are currently in direct violation they are considering purchasing may duplicate and North Carolina for their work on this mat- of code 21–101.11 of the F.D.A. regulations. insurance coverage they already have under ter. I believe this bill provides a realistic frame- Mr. BILIRAKIS. Mr. Speaker, I yield Medicare. The notification requirement isn't a work for reforming the saccharin notification such time as she may consume to the second notice that is eliminated. There is only regulations placed on groceries, while also gentlewoman from Nevada [Mrs. one requirement of notification, and it is to be protecting the public's health and need to VUCANOVICH]. repealed. know. H 14268 CONGRESSIONAL RECORD — HOUSE December 12, 1995 Back in the late seventies, when diet-con- designated as severe, and for other pur- The SPEAKER pro tempore. Is there science Americans were guzzling Tab soda poses. objection to the request of the gen- and putting Sweet and Low in their iced tea, The Clerk read the bill, as follows: tleman from Florida? it became important that consumers become H.R. 325 There was no objection. aware of any health threats posed by the use Be it enacted by the Senate and House of Rep- The SPEAKER pro tempore. Pursu- of saccharin. Today, however, we are facing a resentatives of the United States of America in ant to the rule, the gentleman from situation in which saccharin has not only been Congress assembled, Florida [Mr. BILIRAKIS] and the gen- replaced as the main sweetening agent, but SECTION 1. OPTIONAL EMPLOYER MANDATED tleman from California [Mr. WAXMAN] TRIP REDUCTION. labels identifying its use dot the labels of all Section 182(d)(1)(b) of the Clean Air Act is will each be recognized for 30 minutes. products that contain it. amended by to read as follows: The Chair recognizes the gentleman H.R. 1787 recognizes that now that market ‘‘(B) The State may also, in its discretion, from Florida [Mr. BILIRAKIS]. and health forces have diminished the use of submit a revision at any time requiring em- Mr. BILIRAKIS. Mr. Speaker, I yield saccharin in food and drink, there is no longer ployers in such area to implement programs myself such time as I may consume. a need for information overkill on this subject. to reduce work-related vehicle trips and (Mr. BILIRAKIS asked and was given miles travelled by employees. Such revision This legislation simply allows grocery stores permission to revise and extend his re- shall be developed in accordance with guid- marks.) the chance to back away from the requirement ance issued by the Administrator pursuant of posting warning signs in their stores about to section 108(f) and may require that em- Mr. BILIRAKIS. Mr. Speaker, I am saccharin's potential health effects. I believe ployers in such area increase average pas- pleased that the Health and Environ- this prudent progression will still allow con- senger occupancy per vehicle in commuting ment Subcommittee and the full Com- sumers the appropriate warning of their favor- trips between home and the workplace dur- merce Committee were able to report ite product's labels, while at the same time re- ing peak travel periods. The guidance of the H.R. 325, legislation to amend the Administrator may specify average vehicle Clean Air Act regarding the employer- move this bothersome requirement from our occupancy rates which vary for locations Nation's many grocery stores, from the trip-reduction program. within a nonattainment area (suburban, cen- Very briefly, the legislation repeals Kroger's to the Mutach Food Market in Mar- ter city, business district) or among non- blehead, OH. attainment areas reflecting existing occu- the current Federal requirement that While you can lead a horse to water, Mr. pancy rates and the availability of high oc- 11 States and an estimated 28,000 pri- Speaker, you cannot make it drink. While all of cupancy modes. The revision may require vate employers implement the em- us would prefer a risk-free society, it just is not employers subject to a vehicle occupancy re- ployer-trip-reduction program. The quirement to submit a compliance plan to legislation makes the employer-trip-re- possible. People who are worried about their demonstrate compliance with the require- health will read labels and warnings signs no duction program discretionary on the ments of this paragraph.’’. part of States, and provides a simple matter how numerous or large they are. I be- COMMITTEE AMENDMENT IN THE NATURE OF A lieve H.R. 1787 recognizes this fact and hope- and straightforward method by which SUBSTITUTE States can designate alternative meth- fully will end the new rash of nuisance law- The SPEAKER pro tempore. The ods to achieve equivalent emission re- suits springing up in this country over this mat- Clerk will report the committee ductions. ter. I urge all my colleagues to support this amendment in the nature of a sub- H.R. 325 removes a Federal Clean Air bill. stitute. Mr. BILIRAKIS. Mr. Speaker, I have The Clerk read as follows: Act requirement which many have found to be overly burdensome. The no further requests for time, and I Committee amendment in the nature of a yield back the balance of my time. substitute: Strike out all after the enacting present statutory language of section Mr. WAXMAN. Mr. Speaker, I yield clause and insert: 182(d)(1)(B) requires a specific State back the balance of my time. SECTION 1. OPTIONAL EMPLOYER MANDATED implementation plan, or ‘‘SIP’’ revi- The SPEAKER pro tempore (Mr. TRIP REDUCTION. sion, for the ETR program. It also re- Section 182(d)(1)(B) of the Clean Air Act is EWING). Pursuant to the rule, the pre- quires compliance plans to be filed by amended to read as follows: private employers and requires a 25- vious question is ordered. ‘‘(B) The State may also, in its discretion, The question is on the engrossment submit a revision at any time requiring em- percent increase in the average vehicle and third reading of the bill. ployers in such area to implement programs occupancy of vehicles driven by em- The bill was ordered to be engrossed to reduce work-related vehicle trips and ployees. All of these Federal mandates and read a third time, and was read the miles travelled by employees. Such revision are now abolished and replaced with a third time. shall be developed in accordance with guid- voluntary program. The SPEAKER pro tempore. The ance issued by the Administrator pursuant Under the reported bill, States will to section 108(f) and may require that em- question is on the passage of the bill. decide for themselves whether they ployers in such area increase average pas- wish to implement employer-trip-re- The question was taken; and (three- senger occupancy per vehicle in commuting fifths having voted in favor thereof) trips between home and the workplace dur- duction programs—known by the acro- the bill was passed. ing peak travel periods. The guidance of the nyms ETR or ECO—as part of their ef- A motion to reconsider was laid on Administrator may specify average vehicle forts to meet Federal Clean Air Act the table. occupancy rates which vary for locations standards. With regard to current ETR within a nonattainment area (suburban, cen- f SIP revisions which have already been ter city, business district) or among non- approved or submitted to the Environ- GENERAL LEAVE attainment areas reflecting existing occu- mental Protection Agency, a formal pancy rates and the availability of high oc- Mr. BILIRAKIS. Mr. Speaker, I ask cupancy modes. Any State required to sub- SIP revision will not be required. In- unanimous consent that all Members mit a revision under this subparagraph (as in stead, States will be free to designate may have 5 legislative days within effect before the date of enactment of this alternative efforts they have under- which to revise and extend their re- sentence) containing provisions requiring taken or will undertake to achieve marks and include extraneous material employers to reduce work-related vehicle equivalent emissions. on H.R. 1787, the bill just passed. trips and miles travelled by employees may, I want to acknowledge the hard work The SPEAKER pro tempore. Is there in accordance with State law, remove such and assistance of several Members with provisions from the implementation plan, or regard to this legislation. Representa- objection to the request of the gen- withdraw its submission, if the State notifies tleman from Florida? the Administrator, in writing, that the State tive DONALD MANZULLO introduced the There was no objection. has undertaken, or will undertake, one or underlying bill and assembled a list of f more alternative methods that will achieve 166 cosponsors from both sides of the emission reductions equivalent to those to aisle. EMPLOYER TRIP REDUCTION be achieved by the removed or withdrawn Chairman JOE BARTON, of the Sub- PROGRAMS provisions.’’. committee on Oversight and Investiga- The Clerk called the bill (H.R. 325) to Mr. BILIRAKIS (during the reading). tions, devoted an entire hearing to the amend the Clean Air Act to provide for Mr. Speaker, I ask unanimous consent ECO program and helped to construct a an optional provision for the reduction that the committee amendment in the solid committee record which under- of work-related vehicle trips and miles nature of a substitute be considered as pins today’s legislative effort. Rep- travelled in ozone nonattainment areas read and printed in the RECORD. resentatives DENNIS HASTERT and JIM December 12, 1995 CONGRESSIONAL RECORD — HOUSE H 14269 GREENWOOD were active participants in total miles and trips per day continue to grow Working with distinguished Members the oversight subcommittee hearings at a rate faster than the population or the and staff of the Committee on Com- and helped to explore several issues economy. If we hold to these present growth merce, particularly Bob Meyers and through follow-up correspondence with rates, automobile-related emissions, currently Charles Ingebretson, and my colleague the Environmental Protection Agency. down due to the tough tail-pipe standards and from Los Angeles, the gentleman from I would also note that Representative clean fuel programs of the 1990 Act, and will California [Mr. WAXMAN], Phil Barnett HASTERT offered a successful amend- start to climb within the next 10 years. And the and Phil Schiliro of the staff, we were ment at the full committee level which clean air gains we have made will be put in able to come up with a clarifying had been previously negotiated with jeopardy. amendment that stipulates the emis- ranking minority member HENRY WAX- It should also be emphasized that while this sions reductions committed to in the MAN. This amendment is incorporated bill allows States the flexibility to implement al- State implementation plans for trip re- within H.R. 325 and its approval has al- ternative measures, States can retain their duction will be made up in some other lowed us to proceed in a truly biparti- ECO programs. Indeed, I fully expect that fashion. san manner. many of these programs will be retained. A Where the original bill is implicit, Altogether, I believe that H.R. 325, as well-designed and well-run ECO program can the amended version is now explicit amended by the Commerce Committee, provide not only emissions reductions, it can that the emissions will be made up. demonstrates that it is possible to reduce traffic congestion, provide employees But, and this is very important, the alter provisions of the Clean Air Act with more commuting options, and encourage emissions will not need to be equiva- without sacrificing environmental employer participation in regional transpor- lent to those that would have been goals. We can increase the flexibility of tation planning. achieved under a full-scale compliance the Clean Air Act and allow States And some employers report more than with the current law. Simply, the more latitude in meeting standards im- these successes, they report improved bottom State must account for those emissions posed by the law. lines. For instance, a California company was actually set apart for trip reduction In view of our success with respect to able to avoid building a $1 million parking ga- purposes. H.R. 325, I also believe it is unfortunate rage due to its trip reduction measures. A b 1515 that the present administration has Connecticut employer found that sales staff consistently opposed any and all staying later in the day as part of their com- In other words, a State may offer any amendments to the Clean Air Act—no pressed work week increased West Coast plan that is outside what is required matter how necessary or how justified. sales. Clearly both employers and the breath- under current law. If a State would This position is simply illogical and ing public can benefit from these programs. have only accomplished removing 2 untenable. Congress has the inherent Mr. Speaker, I support this bill. I tons of emissions per day utilizing the urge my colleagues to support the bill. duty to fix misguided or ineffective current employer trip reduction man- I want to reserve the balance of our legislation. date, a State, with a mandatory—re- time on this side of the aisle so that I hope that the success of this legis- quired—program stipulating 15 tons of other Members, should they wish to lative effort will help to promote a re- emission removal per day, may add 2 speak on the matter, will have an op- consideration of this position and I tons per day to that same activity be- portunity and that we can further the look forward to working with my cause anything over and above the debate should there be any issues that House colleagues to make further im- mandatory requirement is, by defini- need to be clarified. tion, nonmandatory. That basically provements and refinements to the Mr. Speaker, I reserve the balance of means that identified reduction may Clean Air Act. my time. Mr. Speaker, I reserve the balance of Mr. BILIRAKIS. Mr. Speaker, I yield make up for those emissions that go my time. 5 minutes to the gentleman from Illi- over and above the requirements of the law. Mr. WAXMAN. Mr. Speaker, I yield nois [Mr. MANZULLO], the originator of myself such time as I may consume in this legislation. Is that the way the gentleman from discussing this legislation and urging Mr. MANZULLO. Mr. Speaker, the Florida [Mr. BILIRAKIS] understands it? my colleagues to vote for the bill. Clean Air Act mandates that in the 14 Mr. BILIRAKIS. Mr. Speaker, will I want to congratulate the gentleman population centers across the Nation, the gentleman yield? from Illinois [Mr. MANZULLO] for this States require companies with 100 or Mr. MANZULLO. I yield to the gen- legislation. It would permit the States more employees to reduce the number tleman from Florida. at their discretion to choose some of automobile work-related trips to and Mr. BILIRAKIS. Mr. Speaker, I say other alternative manner to achieve from work. The EPA estimates the to the gentleman that this is my un- their emissions reductions than the car number of people impacted to be be- derstanding of the amended bill and pooling or the ECO arrangement as tween 11 and 12 million and that the certainly the intent of it. spelled out in the existing Clean Air cost of this would be somewhere be- Mr. MANZULLO. I thank the gen- Act. tween $1.2 billion and $1.4 billion annu- tleman from Florida. The bill is emissions neutral. It re- ally. The number of affected businesses Two years ago I was approached by quires States that opt-out of the ECO ranges in the area of 30,000. several business owners in McHenry program to make up the emission re- This past January, an Assistant Ad- County, IL, in the congressional dis- ductions from other sources. ministrator from the EPA stated that trict I represent. Jim Allen, Vince The administration, to my knowl- car pooling simply does not work under Foglia of Dan McMullen Local Leaders, edge, has expressed no opposition to all circumstances. In fact, the exact took their time to educate me about this legislation. I would urge the Presi- words are, ‘‘The air emission reduc- this mandate started in the last Con- dent to sign the bill. I think it is a tions from these programs are minus- gress. Dan McMullen traveled to Wash- helpful piece of legislation in clarifying cule, so there is not any reason for the ington to testify before our Committee and correcting a problem that has EPA to be forcing people to do them on Small Business Subcommittee on come into some controversy in some of from an air quality perspective. We are Procurement, Exports, and Business the States. not going to double check those plans. Opportunities. He also testified before Mr. Speaker, I think that, even with We are not going to verify them. We a field hearing which the gentleman this bill, many areas will retain the are not going to enforce them.’’ from Illinois [Mr. POSHARD] chaired in ECO programs, and for good reason. Our bill, H.R. 325, as amended, is a Crystal Lake, IL. The people such as We knew in 1990 that the increases in the simple commonsense bill that will not the gentleman from Texas [Mr. BAR- number of vehicles on the Nation's roads and change the goals or standards of the TON], and the gentleman from Florida the increases in the distances-that these vehi- Clean Air Act. They will not change [Mr. BILIRAKIS], and the gentleman cles travel could cancel much of the gain we the deadlines set up in the act. It sim- from Illinois [Mr. HASTERT] are also would expect from the cleaner cars and clean- ply lets the States decide if they want dramatically responsible for this bill. er fuels mandated by the Clean Air Act. Be- to use trip reduction in their menu of Businesses in Illinois will spend be- tween 1970 and 1990, the number of vehicle options for cleaning the air. Thus, it tween $200 million and $210 million if miles traveled in this country doubled. Both makes this mandate now voluntary. this mandate had been allowed to exist. H 14270 CONGRESSIONAL RECORD — HOUSE December 12, 1995 But today this shows that, working to- lying intent of the Clean Air Act—to encourage every Member of the House gether, we can maintain the high clean up the air we breathe, and main- to support this important bipartisan standards of clean air to which we all tain high air quality. Those are worthy legislation. ascribe while at the same time giving goals and I am fully committed to The hearings conducted by the House the States maximum flexibility in them. Commerce Committee’s Oversight and order to reach those clean air stand- However, the Clean Air Act, although Investigations Subcommittee, on ards. well-intentioned is not perfect. After 4 which I serve, provided us with an im- Many Governors such as Illinois Gov- years of implementation, we know that portant opportunity to identify provi- ernor Jim Edgar have been critical of one particular provision of the act is sions in the Clean Air Act which were this mandate and issued moratoriums not working. That provision is com- imposing undue hardship and economic on the mandate. California recently en- monly referred to as ECO—it is the costs on the States, businesses, and in- acted two laws essentially eliminating forced carpooling program. Under this dividual motorists. There was univer- the trip reduction mandate from State provision, States with severe or ex- sal agreement that the Employer Trip law. Some States, such as New York, treme ozone nonattainment areas must Reduction [ETR] Program was overly have been enforcing the law by travel implement a program which forces prescriptive and of questionable value to Westchester County, NY, to speak workers to carpool. There is no flexibil- in terms of improving overall air qual- about this with our good colleague, the ity in this mandate. The way it is writ- ity. gentlewoman from New York [Mrs. ten on the books, it is simply unwork- able, and it is contributing no signifi- The Employer Trip Reduction Pro- KELLY]. There are some very real prob- gram requires all employers with 100 or lems in that State as a result of the en- cant improvements to air quality. The USEPA has determined that more employees in severe or extreme forcement of this inflexible law. ozone nonattainment areas to reduce I want to close by saying that I am while the forced carpooling program work-related vehicle travel by 25 per- extremely happy and encouraged to will cost billions of dollars to imple- cent. know that this body can come together ment, it produces only minuscule air in a bipartisan basis to reach accom- quality improvements. After that rec- The Employer Trip Reduction Pro- modation on this issue. This is a com- ognition, USEPA indicated its intent gram is based on the theory that a re- monsense solution that everybody can not to enforce the forced carpooling duction in the number of employee support. I deeply appreciate the efforts program against individual employers. trips to and from work would result in of all involved and, Mr. Speaker, this Further, the States have given up reduced air emissions from mobile also goes to show something else, that trying to implement this flawed pro- sources. It was assumed by the authors when parties recognize a problem, and gram. In Illinois, after months of mak- that this reduction in air emissions cross over philosophical and party lines ing a good-faith effort to implement would, in turn, assist the Nation’s most and sit down and work very, very hard; this program, our Governor finally polluted areas in complying with na- gave up and told our employers last many times into the late evening I re- tional ambient air quality standards. If March that he will not enforce the call at one meeting when Bob Myers these assumptions proved to be true, I forced carpooling program in Illinois. and I met at midnight in order to make would oppose this legislation to repeal He made that decision after it became sure this language is correct, that we the program. clear that Illinois businesses alone can achieve a consensus and move for- But witness after witness, some of would be spending $210 million a year ward on passing legislation through whom have done extensive computer to implement a program which was not the House of Representatives, and I es- modeling, have made compelling argu- working. It was not working because pecially want to thank my colleague, ments that it is nearly impossible to Americans do not want to be told they the gentleman from California [Mr. devise plans which meet the required cannot use their own cars to come in reductions. Furthermore, EPA’s Assist- WAXMAN], for his graciousness and his early, or to stay late, or to drop their tenacity in trying to work with me in ant Administrator for Air and Radi- daughter off at preschool on their way ation, Mary Nichols, has stated that steering this through the House of Rep- to work. the air quality benefits from this pro- resentatives. The program has failed nationwide. gram are ‘‘minuscule.’’ Mr. BILIRAKIS. Mr. Speaker, I yield Several other Governors and State leg- 4 minutes to the gentleman from Illi- islatures have joined Illinois’ Governor In my district, companies have strug- nois [Mr. HASTERT]. in deciding not to enforce the forced gled for years and spent millions of dol- (Mr. HASTERT asked and was given carpooling program. lars to develop plans to comply with permission to revise and extend his re- But State action and EPA intent can the ill-conceived Employer Trip Reduc- marks.) only provide partial relief from this tion Program. Nationally, this pro- Mr. HASTERT. Mr. Speaker, I rise in mandate. gram has a net social cost of $1.2 to $1.4 strong support of this legislation. At One of the things I thought was very, billion a year. And for this enormous first I would like to thank the distin- very showing in this piece of legisla- sum of money, the program would only guished gentleman from Florida [Mr. tion: provide marginal environmental bene- BILIRAKIS] and the gentleman from Vir- If my colleagues had a small business fits, while imposing real hardships on ginia [Mr. BLILEY] for moving this bill on the edge of an urban area, suburban both employees and employers. so quickly through committee. I would area, and they drew their employees June Barry, vice president of human also like to compliment the gentleman from rural areas, they had to decrease resources at Betz Laboratories in from California [Mr. WAXMAN], my their carpooling and riding from 25 per- Trevose, PA, located in my Congres- good friend, for his good-faith efforts in cent, notwithstanding those people did sional district, testified in March that: working with us to perfect and draft not have mass transportation, there is perfecting language to the bill. Also no way to get in to work. It is a pro- Many of our work force are members of my good neighbor to the north, the dual career families. A significant percent- gram that just did not work, but yet, if age of our work force goes to school at night gentleman from Illinois [Mr. my colleagues were in a high school, to pursue graduate education and under- MANZULLO], has helped, and we worked and they had 1,000 kids in the high graduate degrees. Are we responsible in on this bill through finding out from school and 100 teachers, the teachers emergency situations dealing with child care our employers, people who employ over would have to carpool or find another and elder care and education and the variety 100 folks in their places, high schools, way to work, but yet every kid could of other problems that people encounter to school districts, that they, quite frank- drive. It just did not make sense, it did get the employee to their family when car ly, could not make this thing work, not work, and this a good piece of leg- pools don’t work? Since our business is and it was going to cost a lot of money, worldwide, the majority of the professional islation to change what does not work. work force cannot leave at a preappointed and it did not do what it was supposed Mr. BILIRAKIS. Mr. Speaker, I yield time, mainly due to customer calls and serv- 1 to do. 3 ⁄2 minutes to the gentleman from icing the customer. What does forcing people Mr. Speaker, the bills before us today Pennsylvania [Mr. GREENWOOD]. into car pools really mean? It mans that re- deal with the Clean Air Act, an act I Mr. GREENWOOD. Mr. Speaker, I gardless of whether you have a family obli- voted for in 1990. I believe in the under- rise in strong support of H.R. 325, and I gation, church obligation, night school or a December 12, 1995 CONGRESSIONAL RECORD — HOUSE H 14271 variety of other things that you do to and Mr. BILIRAKIS. Mr. Speaker, I yield us spend it on other efforts to clean up from work, the Federal Government is going 3 minutes to the gentleman from Cali- our air that really work. to tell you when you can go to work and fornia [Mr. COX]. I congratulate the chairman, the gen- when you can leave; that you have to hop tleman from Florida [Mr. BILIRAKIS], into a van pool or a car pool despite your in- b 1530 dividual needs or obligations * * *. and the other Members who have Mr. COX of California. Mr. Speaker, I brought this legislation to the floor. I H.R. 325 makes the ETR program a thank the gentleman for yielding time look forward to a swift vote on pas- voluntary program. The States would to me. sage. still have the option of implementing Mr. Speaker, I rise, as well, in strong Mr. WAXMAN. Mr. Speaker, I have such a program, but this bill would support of H.R. 325. I too am an origi- no further requests for time, and I give them the power to develop pro- nal cosponsor, and as vice chairman of yield back the balance of my time. grams that best meet the needs of their the Subcommittee on Oversight and In- Mr. BILIRAKIS. Mr. Speaker, I yield residents. vestigations of the Committee on Com- 3 minutes to the gentleman from Indi- I commend Chairmen BLILEY, BILI- merce, we have had 12 hearings on the ana [Mr. MCINTOSH]. RAKIS, and BARTON, as well as Con- Clean Air Act, and we have heard re- Mr. MCINTOSH. Mr. Speaker, I thank gressmen MANZULLO and WAXMAN for peatedly testimony in support of this the gentleman for yielding time to me. their efforts, and encourage my col- commonsense reform and opposed to Mr. Speaker, I rise in support of this leagues to support this important leg- continuing this unfunded and ineffec- bill. The gentleman from Illinois [Mr. islation. tive mandate. MANZULLO] has done a very good job of Mr. BILIRAKIS. Mr. Speaker, I yield We ought to call H.R. 325 the Victory correcting one of the problems we have 11⁄2 minutes to the gentleman from Illi- for Common Sense Act, because the seen in the Clean Air Act. My experi- nois [Mr. FAWELL]. truth is it relies on our native common ence in reviewing various Clean Air Mr. FAWELL. Mr. Speaker, I thank sense. The ability to reason, to learn Act regulations stems from my work the gentleman from Florida [Mr. BILI- from experience, is what distinguishes with Vice President Quayle’s Competi- RAKIS] for yielding this time to me. human beings from other life forms. If tiveness Council, and then as a Member Mr. Speaker, I rise in support of H.R. you are doing the same thing over and of Congress looking at that act and 325. I am an original cosponsor of this over again, and you continue to get no saying, do the regulations that are re- bill which makes the employee com- results but you continue to waste quired there make sense; do they use mute options or the echo provisions of money in the process, it is time to common sense in trying to reach a goal the Clean Air Act voluntary. H.R. 325 learn from that experience. It is time that we all share of having cleaner air would amend the Clean Air Act which to stop and do things a better, a dif- in this country? requires States and companies in areas ferent, another way. This regulation, the trip reduction where pollutant levels are designated That is what we are setting out to do mandate, or what I think of as manda- severe to reduce work-related trips by here today. It is not just the waste of tory carpooling, does not make sense 25 percent. The Chicago area has been money, yielding no results for busi- on that commonsense basis. It is ex- classified by the EPA as an area of se- nesses that we are worried about. It is tremely costly, anywhere from $1.2 to vere ozone nonattainment as formu- the waste of money for our schools, for $1.6 billion to implement, and provides lated under the Clean Air Act, al- almost everyone whose employees very little benefits in terms of cleaner though the accuracy, I think, of this drive to work. air for some of the country’s areas particular classification is in question. Listen to some of the comments that where we have the most difficulty with The echo provisions would have forced we have received from school districts air pollution. employees and employers to limit the in southern California. The Tustin Uni- I think there are a lot of alternative amount of trips made by employees, a fied School District was forced to spend approaches that have been thought costly and unproven remedy for the $73,000 for their ride-sharing plan for about by the agency, the Environ- ozone problems. A recent congressional teachers that did not work. mental Protection Agency, by citizens research study estimates that nation- Another school district wrote: ‘‘The working on this area. One of the most wide the echo efforts have cost $1.2 bil- mandatory trip reduction plan has creative ones is a project that we lion per year, and yet the annual re- been very costly to us. It has diverted worked with at the Competitiveness ductions in emissions attributable to already scarce funds away from the Council called Cash for Klunkers, these programs have been less than 1 education of children, from classroom where the studies showed that older percent. use,’’ to support a program that does cars actually produced a vast, dis- The legislation, as approved by the not work. proportionate amount of the air pollu- House Committee on Commerce in- The Capistrano Unified School Dis- tion in our cities, and if we could pay cludes an amendment which requires trict said: ‘‘The additional financial a bonus for taking those older cars off States who choose not to participate in hardships we are facing make this of our freeways, we could go a lot fur- the ECO program, to submit in writing mandated program extremely det- ther in reaching the goal of cleaner air. to the Environmental Protection Agen- rimental to meet the educational needs Those innovative ideas, frankly, are cy alternative methods it will use to of the children in our districts.’’ not possible if we have to devote an achieve emission reductions that are McDonnell Douglas, a big employer enormous amount of our resources in equivalent to those in the trip-reduc- of the kind that we have been hearing meeting this regulation that provides tion program. In this way, the bill al- about on the floor today, tried in ear- very little benefit for the environment. lows maximum flexibility for the nest to get this Federal mandate to I commend the chairman of the com- States, without compromising air qual- work. They spent millions of dollars mittee on his work for this corrections ity. training employee coordinators, pro- bills. I commend the gentleman from Mr. Speaker, I would like to thank viding direct financial incentives to Illinois [Mr. MANZULLO] for his work in the gentleman from Illinois [Mr. workers so they would car pool. They taking the leadership in introducing MANZULLO] for his tenacity and his bought bicycles. They built showers the bill, and I want to urge my col- leadership on this issue. I have been an and locker rooms so employees could leagues in the House to vote ‘‘yes’’ on active participant in a coalition of bike, run, or walk to work. None of H.R. 325. business groups, other Members of Con- this, even hosting ride-share events, Mr. STARK. Mr. Speaker, I would like to gress, Governors, and interested par- made even a dent in the average vehi- compliment the chairman and the ranking ties who studied this problem from the cle occupancy rate of their employees. member of the Commerce Committee's Health beginning to find a workable solution. Today we are saying enough; enough and Environment Subcommittee, Mr. BILIRAKIS I am pleased to see the House consider- to the vast expense that in California, and Mr. WAXMAN, for bringing H.R. 325 to the ation of this bill, a perfect candidate under our similar program, was costing floor today. for corrections day. I strongly support $200 million a year. Let us spend this This legislation gives greater reign to local H.R. 325, and urge a ‘‘yea’’ vote on this money on the education of students. authorities in determining how best to meet legislation. Let us spend it on employee wages. Let pollution standards. H.R. 325, a balance has H 14272 CONGRESSIONAL RECORD — HOUSE December 12, 1995 been struck between providing greater flexibil- Care ReformÐa panel of respected health Also, I wish to express my appreciation to the ity while maintaining the commitment to economistsÐfound that that the uninsured members of the Commerce Committee, and achieving the federal goals. rolls will soar to over 66 million Americans, or its Health and Environment Subcommittee in If the author of H.R. 325, Mr. MANZULLO of one-in-four Americans, under the Republican particular, for making today's consideration of Illinois, had come to the floor with a bill that plans. This is a 70-percent increase in the H.R. 325 possible. provided flexibility to States but eliminated the number of uninsured Americans over today's This is a measure whose time has long Federal standards of performance, there level. since come. However well intentioned, the em- would not be the bipartisan support you see H.R. 325 extends flexibility in meeting na- ployee commute reduction program, better today. tional goals; it does not eliminate them. Like- known as the ECO Program, would do more There is a consensus across America that wise, flexibility for States in meeting the health harm than good. Based on prior analysis and the days of polluted skies should be no more. care needs of low-income Americans should experience, about the best that could be ex- There is a recognition by citizens across not be used as a cover to shred the national pected from such an approach is a 2±3 per- America that what occurs in one State impacts commitment to a health care safety net. cent reduction in auto emissions, with 1 per- the quality of life in another State. While the guarantee to coverage is explicitly cent being a more likely figure. Not only that, I am puzzled that in other areas of Federal eliminated under the Republican Medicaid bill, but the cost of effecting such a minimal reduc- policy where a national consensus is as I'd argue that the spending for Medicaid isn't tion in air pollution is very high. In the Chicago strong, the new Majority has taken a different enough to meet the national commitment ei- area, for instance, it has been estimated that approach. I believe we can learn something ther. implementation of the ECO Program would from the approach taken in H.R. 325 and carry I believe that a per person growth rate of cost more than $200 million annually. For all it to other areas of vital importance to Ameri- under 2 percent isn't wise. It's rationing. Mem- 11 severe ozone nonattainment areas nation- cans. bers of Congress would never inflict that type wide, the cost of implementing ECO has been I'd like to take just a couple of minutes to do of constraints on their own health care spend- pegged at $1.2±$1.4 billion a year by the En- just thatÐhighlight how the example of H.R. ing. In fact they don't. Under the Republican vironmental Protection Agency. If money grew on trees or materialized out 325 can be instructive for legislating in other budget, taxpayer spending for their health in- of thin air, it might be possible to overlook areas of vital importance to Americans. surance will increase right along with health such financial considerations. But when a se- The Republican plan for Medicaid provides care inflation. vere nonattainment area such as Chicago has the greatest contrast in approach to H.R. 325. But whatever the amount of health care to reduce its ozone levels by 65 percent, it is Flexibility for States abounds. Standards are spending, we should hold States accountable difficult, if not impossible, to justify investing so absent. Rather than maintain the Federal for how they spend the money we give them. heavily in an effort that will achieve such a guarantee for Americans of very modest As with H.R. 325, there must be accountabil- small fraction of that amount. Not only that, means to a set of health care benefits, under ity. but the imposition of such costs of employ- the guise of State flexibility Republicans re- The balance struck in H.R. 325 between ersÐan unfunded mandate if there ever was move any semblance of accountability. providing broader flexibility to States at the oneÐcould prompt them to relocate to other Republicans intend to send checks to the same time requiring that national goals be met areas of the country. In that event, some Chi- States totaling $790 billion over the next 7 should apply to other initiatives as well, like cago area workers could find themselves out years with little-to-no requirements on how Medicaid. If Republicans tried this approach, of more than just a parking place at work; they States must perform. This is in contrast to the they might find themselves with the support of could be out of job as well. structure of H.R. 325 which provides flexibility Congressional Democrats. And instead of hav- Nor is that all that would be lost. Gone are but maintains standards of performance. ing their Medicaid bill vetoed, they'd have the the days when, in most American families, one For $790 billion in taxpayer money, it would support of President Clinton. parent stayed at home and was in a position seem reasonable to require States to guaran- Mr. ARCHER. Mr. Speaker, today is a to handle any child care or other emergencies tee health insurance coverage to low-income chance for the House to loosen one knot in that might arise during the course of the work Americans. the woven, tangled mess called the Clean Air day. Now we live in an era when working par- Does the Republican Medicaid plan guaran- Act Amendments of 1990. The employee trip ents need to be able to get home quickly tee that all kids that live in poverty have com- reduction plan for implementation is a costly should any of their children get sick or run into prehensive health insurance coverage? No. and confusing mandate that only benefits the trouble at school or at the neighborhood child Does the Republican Medicaid plan guarantee argument for regulatory reform and cost/bene- care center. Federally mandated carpooling that the Medicare Part B premiums of low-in- fit analysis. not only deprives them of that capability but it come senior citizens are paid? No. Does the Of course I support efforts to reduce pollu- leaves them at risk if their job requires over- Republican Medicaid plan guarantee a nursing tion, as do the employers and employees of time and/or unexpected evening work. Finally, home bed to those who are entitled today? my district. But what I cannot support is an in- the investment of time and effort into arrang- No. Does the Republican Medicaid plan con- flexible, ineffective and impractical requirement ing carpools or other commuting alternatives tinue the guarantee of coverage for Medicare- such as the employee trip reduction plan. It could be better directed towards pollution re- related copayments and deductibles for poor makes no sense to demand compliance with a duction programs having far greater potential seniors? No. Does the Republican Medicaid plan that promises less than a 1-percent re- for bringing about the desired improvements in plan require States to provide even just one duction in emissions, and guarantees a much air quality. person a comprehensive package of health in- larger increase in headaches. However, all is not lost. By adopting the bill surance benefits, something equivalent to In a city the geographical size of Houston, before us today, we can move away from the what they as Members of Congress receive? it is naive to assume public transportation and Federal Government telling people in certain No. carpooling are the most practical options for areas how they should get to and from work Why not apply the model of H.R. 325? Why reducing auto emissions. I have heard hun- and focus instead on the most effective means not hold States accountable? Why shouldn't dreds of complaints from my constituents who of reducing ozone levels and achieving com- we guarantee American taxpayers that their must face a disruption of their work routines pliance with existing air quality standards. taxes will be spent as promised? and compromise the quality of their private As reported by the Commerce Committee, H.R. 325 requires that an equivalent level of lives to comply with this impotent regulation. H.R. 325 would enable us to do just that. If emission reductions be achieved. The Repub- H.R. 325 will give States the chance to create enacted into law, this measure would allow lican Medicaid plan does not require an programs that suit their communities and still States having severe ozone nonattainment equivalency of performance. This difference in achieve air quality standards. areas to determine for themselves whether to standards is not trivial. There are smarter ways for us to reach a undertake an ECO program. However, a State The Urban Institute predicts that 4 to 9 mil- common goal of cleaner air. It is imperative, deciding against the ECO approach would be lion Americans will lose health insurance cov- though, that each State decide what is most obliged to identify and implement alternatives erage because of the Republican Medicaid practical and more importantly, most effective. that would be at least as effective in reducing plan. Consumers Union, the publishers of Mr. CRANE. Mr. Speaker, I rise today in emissions. In short, States will be given more Consumers Reports, has estimated that strong support of H.R. 325 for a number of freedom to carry out their air pollution control 395,000 nursing home residents are likely to reasons. But before, I elaborate on them, let responsibilities. But that does not mean that lose Medicaid payment for their care next year me congratulate my Illinois colleague, Mr. they will have any less of an obligation to if the Republican Medicaid plan is approved. MANZULLO, on introducing this bill and for the comply with the standards and deadlines es- The Council on the Economic Impact of Health determined efforts he has made on its behalf. tablished by the Clean Air Act. December 12, 1995 CONGRESSIONAL RECORD — HOUSE H 14273 Mr. Speaker, H.R. 325 is a good, common- The committee amendment in the pointment to the Committee on Science has sense bill which is not just timely but long nature of a substitute was agreed to. been automatically vacated pursuant to overdue. I urge my colleagues to give it their The SPEAKER pro tempore. The clause 6(b) of rule X, effective today. support. question is on the engrossment and Sincerely, NEWT GINGRICH. Mrs. KELLY. Mr. Speaker, I rise in strong third reading of the bill. support of H.R. 325, legislation to make op- The bill was ordered to be engrossed f tional the Employee Commute Option [ECO] and read a third time, and was read the COMMUNICATION FROM THE HON- trip reduction program. third time. ORABLE HENRY A. WAXMAN, The SPEAKER pro tempore. The The dilemma facing Zierick Manufacturing MEMBER OF CONGRESS Corp. is possibly the best reason why we question is on the passage of the bill. should pass H.R. 325. The question was taken; and (three- The SPEAKER pro tempore laid be- Zierick Manufacturing Corp. is a small man- fifths having voted in favor thereof) fore the House the following commu- ufacturer of electronic connectors and assem- the bill was passed. nication from the Honorable HENRY A. bly equipment located in Mount Kisco in north- A motion to reconsider was laid on WAXMAN, Member of Congress: ern Westchester County, NY. With over 120 the table. DECEMBER 7, 1995. employees, they are faced with the impossible f Hon. NEWT GINGRICH, The Speaker of the House, Capitol, Washington, task of complying with the Employee Com- GENERAL LEAVE mute Options program. DC. Part of the problem is the limited availability Mr. BILIRAKIS. Mr. Speaker, I ask DEAR MR. SPEAKER: This is to formally no- of public transportation. In addition, the train unanimous consent that all Members tify you pursuant to Rule L (50) of the Rules of the House that my office has been served station and the nearest bus stop are over a may have 5 legislative days within which to revise and extend their re- with a subpoena issued by the Los Angeles mile from the factory. If the employee took a County Superior Court. cab from the station to the factory, under the marks on H.R. 325. The SPEAKER pro tempore. Is there After consultation with the General Coun- regulations developed by New York State to sel, I have determined that compliance with comply with this Federal mandate, the 1-mile objection to the request of the gen- the subpoena is consistent with the privi- cab ride would be counted as if the employee tleman from Florida? leges and precedents of the House. There was no objection. drove the entire distance from home. In other Sincerely, words, the employee could ride a train for 50 f HENRY A. WAXMAN, Member of Congress. miles, but the cab ride from the train station COMMUNICATION FROM THE would be the mode of travel counted under CHAIRMAN OF THE DEMOCRATIC f the formula used to calculate employee trips. CAUCUS ANNOUNCEMENT BY THE SPEAKER Ridesharing opportunities are limited in The SPEAKER pro tempore (Mr. PRO TEMPORE Mount Kisco, and since Zierick employees are EWING) laid before the House the fol- spread out over 12 counties in 3 States, car- The SPEAKER pro tempore. Pursu- lowing communication from the Honor- pools are difficult to form. Zierick is a manu- ant to the provisions of clause 5 of rule able VIC FAZIO, chairman of the Demo- I, the Chair announces that he will facturing facility, so telecommuting is not an cratic Caucus. option. postpone further proceedings today on Zierick Manufacturing is clearly faced with a Hon. NEWT GINGRICH, each motion to suspend the rules on Speaker of the House, U.S. Capitol. which a recorded vote or the yeas and set of circumstances which prevent it from DEAR MR. SPEAKER: This letter is to inform complying with the law, and yet the regula- you that Jimmy Hayes is no longer a Mem- nays are ordered, or on which the vote tions allow for no flexibility in these situations. ber of the House Democratic Caucus. is objected to under clause 4 of rule As a result, the company presently faces fines Sincerely, XV. of $43,800 per year. VIC FAZIO, Such rollcall votes, if postponed, will Ms. Gretchen Zierick, the company's cor- Chairman. be taken after debate has concluded on porate secretary, has indicated that their plans f all motions to suspend the rules, but not before 5 p.m. today. for future growth will be directly affected by COMMUNICATION FROM THE this legislation. SPEAKER OF THE HOUSE f Mr. Harold Vogt, the chairman and CEO of the Westchester County Chamber of Com- The SPEAKER pro tempore laid be- FEDERALLY SUPPORTED HEALTH merce, wrote to me recently and put this issue fore the House the following commu- CENTERS ASSISTANCE ACT OF 1995 into perspective: nication from the Honorable NEWT Mr. BILIRAKIS. Mr. Speaker, I move In the last five years, Westchester County GINGRICH, Speaker of the House of Rep- to suspend the rules and pass the bill has suffered enough as we’ve seen 40,000 jobs resentatives: (H.R. 1747) to amend the Public Health leave our county. The Employee Trip Reduc- DECEMBER 12, 1995. Service Act to permanently extend and tion/Employee Commute Option Mandate Hon. BUD SHUSTER, clarify malpractice coverage for health gives businesses just one more reason to look Chairman, Committee on Transportation and elsewhere when making plans to grow. Simi- Infrastructure, Rayburn House Office centers, and for other purposes, as larly, businesses looking to relocate to our Building, Washington, DC. amended. county may well think twice about moving DEAR MR. CHAIRMAN: This is to advise you The Clerk read as follows: here. We cannot afford any more disincen- that Representative James A. Hayes’ elec- H.R. 1747 tion to the Committee on Transportation tives to reviving Westchester’s economy. We Be it enacted by the Senate and House of Rep- and Infrastructure has been automatically need relief from this costly and inefficient resentatives of the United States of America in vacated pursuant to clause 6(b) of rule X, ef- mandate. Congress assembled, Mr. Chairman, our support for H.R. 325 will fective today. Sincerely, SECTION 1. SHORT TITLE; REFERENCES. send Zierick Manufacturing in Westchester NEWT GINGRICH. (a) SHORT TITLE.—This Act may be cited as County and the approximately 28,000 other f the ‘‘Federally Supported Health Centers As- employers around the country affected by the sistance Act of 1995’’. ECO mandate a clear message that we care COMMUNICATION FROM THE (b) REFERENCES.—Except as otherwise ex- about their future, and we care about creating SPEAKER OF THE HOUSE pressly provided, whenever in this Act an jobs. I urge my colleagues to pass this bill. amendment or repeal is expressed in terms of The SPEAKER pro tempore laid be- an amendment to, or repeal of, a section or Thank you, Mr. Chairman. fore the House the following commu- Mr. BILIRAKIS. Mr. Speaker, I have other provision, the reference shall be con- nication from the Honorable NEWT sidered to be made to a section or other pro- no further requests for time, and I GINGRICH, Speaker of the House of Rep- vision of the Public Health Service Act. yield back the balance of my time. resentatives: The SPEAKER pro tempore (Mr. SEC. 2. PERMANENT EXTENSION OF PROGRAM. DECEMBER 12, 1995. (a) IN GENERAL.—Section 224(g)(3) (42 EWING). Pursuant to the rule, the pre- Hon. ROBERT S. WALKER, U.S.C. 233(g)(3)) is amended by striking the vious question is ordered. Chairman, Committee on Science, Rayburn last sentence. The question is on the committee House Office Building, Washington, DC. (b) CONFORMING AMENDMENTS.—Section amendment in the nature of a sub- DEAR MR. CHAIRMAN: This is to advise you 224(k) (42 U.S.C. 233(k)) is amended— stitute. that Representative James A. Hayes’ ap- (1) in paragraph (1)(A)— H 14274 CONGRESSIONAL RECORD — HOUSE December 12, 1995 (A) by striking ‘‘For each of the fiscal retary in such form and such manner as the an application under subsection (g)(1)(D) un- years 1993, 1994, and 1995’’ and inserting ‘‘For Secretary shall prescribe. The application less the Secretary determines that the en- each fiscal year’’; and shall contain detailed information, along tity—’’; and (B) by striking ‘‘(except’’ and all that fol- with supporting documentation, to verify (2) by striking ‘‘has fully cooperated’’ in lows through ‘‘thereafter)’’; and that the entity, and the officer, governing paragraph (4) and inserting ‘‘will fully co- (2) in paragraph (2), by striking ‘‘for each board member, employee, or contractor of operate’’. of the fiscal years 1993, 1994, and 1995’’ and in- the entity, as the case may be, meets the re- (c) DELAYED APPLICABILITY FOR CURRENT serting ‘‘for each fiscal year’’. quirements of subparagraphs (B) and (C) of PARTICIPANTS.—If, on the day before the date SEC. 3. CLARIFICATION OF COVERAGE. this paragraph and that the entity meets the of the enactment of this Act, an entity was Section 224 (42 U.S.C. 233) is amended— requirements of paragraphs (1) through (4) of deemed to be an employee of the Public (1) in subsection (g)(1), by striking ‘‘an en- subsection (h). Health Service for purpose of section 224(g) tity described in paragraph (4)’’ in the first ‘‘E) The Secretary shall make a determina- of the Public Health Service Act, the condi- sentence and all that follows through ‘‘con- tion of whether an entity or an officer, gov- tion under paragraph (1)(D) of such section tractor’’ in the second sentence and insert- erning board member, employee, or contrac- (as added by subsection (a) of this section) ing the following: ‘‘an entity described in tor of the entity is deemed to be an employee that an application be approved with respect paragraph (4), and any officer, governing of the Public Health Service for purposes of to the entity does not apply until the expira- board member, or employee of such an en- this section within 30 days after the receipt tion of the 180-day period beginning on such tity, and any contractor of such an entity of an application under subparagraph (D). date. who is a physician or other licensed or cer- The determination of the Secretary that an SEC. 6. TIMELY RESPONSE TO FILING OF ACTION tified health care practitioner (subject to entity or an officer, governing board mem- OR PROCEEDING. paragraph (5)), shall be deemed to be an em- ber, employee, or contractor of the entity is Section 224 (42 U.S.C. 233) is amended by ployee of the Public Health Service for a cal- deemed to be an employee of the Public adding at the end thereof the following sub- endar year that begins during a fiscal year Health Service for purposes of this section section: for which a transfer was made under sub- shall apply for the period specified by the ‘‘(l)(1) If a civil action or proceeding is section (k)(3) (subject to paragraph (3)). The Secretary under subparagraph (A). filed in a State court against any entity de- remedy against the United States for an en- ‘‘(F) Once the Secretary makes a deter- scribed in subsection (g)(4) or any officer, tity described in paragraph (4) and any offi- mination that an entity or an officer, gov- governing board member, employee, or any cer, governing board member, employee, or erning board member, employee, or contrac- contractor of such an entity for damages de- contractor’’; and tor of an entity is deemed to be an employee scribed in subsection (a), the Attorney Gen- (2) in subsection (k)(3), by inserting ‘‘gov- of the Public Health Service for purposes of eral, within 15 days after being notified of erning board member,’’ after ‘‘officer,’’. this section, the determination shall be final such filing, shall make an appearance in and binding upon the Secretary and the At- SEC. 4. COVERAGE FOR SERVICES FURNISHED TO such court and advise such court as to INDIVIDUALS OTHER THAN CENTER torney General and other parties to any civil whether the Secretary has determined under PATIENTS. action or proceeding. Except as provided in subsections (g) and (h), that such entity, offi- Section 224(g)(1) (42 U.S.C. 233(g)) is amend- subsection (i), the Secretary and the Attor- cer, governing board member, employee, or ed— ney General may not determine that the pro- contractor of the entity in deemed to be an (1) by redesignating paragraph (1) as para- vision of services which are the subject of employee of the Public Health Service for graph (1)(A); and such a determination are not covered under purposes of this section with respect to the (2) by adding at the end thereof the follow- this section. actions or omissions that are the subject of ing: ‘‘(G) In the case of an entity described in such civil action or proceeding. Such advice ‘‘(B) The deeming of any entity or officer, paragraph (4) that has not submitted an ap- shall be deemed to satisfy the provisions of governing board member, employee, or con- plication under subparagraph (D): subsection (c) that the Attorney General cer- tractor of the entity to be an employee of ‘‘(i) The Secretary may not consider the tify that an entity, officer, governing board the Public Health Service for purposes of entity in making estimates under subsection member, employee, or contractor of the en- this section shall apply with respect to serv- (k)(1). tity was acting within the scope of their em- ices provided— ‘‘(ii) This section does not affect any au- ployment or responsibility. ‘‘(i) to all patients of the entity, and thority of the entity to purchase medical ‘‘(2) If the Attorney General fails to appear ‘‘(ii) subject to subparagraph (C), to indi- malpractice liability insurance coverage in State court within the time period pre- viduals who are not patients of the entity. with Federal funds provided to the entity scribed under paragraph (1), upon petition of ‘‘(C) Subparagraph (B)(ii) applies to serv- under section 329, 330, 340, or 340A. any entity or officer, governing board mem- ‘‘(H) In the case of an entity described in ices provided to individuals who are not pa- ber, employee, or contractor of the entity paragraph (4) for which an application under tients of an entity if the Secretary deter- named, the civil action or proceeding shall subparagraph (D) is in effect, the entity may, mines, after reviewing an application sub- be removed to the appropriate United States through notifying the Secretary in writing, mitted under subparagraph (D), that the pro- district court. The civil action or proceeding elect to terminate the applicability of this vision of the services to such individuals— shall be stayed in such court until such court subsection to the entity. With respect to ‘‘(i) benefits patients of the entity and gen- conducts a hearing, and makes a determina- such election by the entity: eral populations that could be served by the tion, as to the appropriate forum or proce- ‘‘(i) The election is effective upon the expi- entity through community-wide interven- dure for the assertion of the claim for dam- ration of the 30-day period beginning on the tion efforts within the communities served ages described in subsection (a) and issues an date on which the entity submits such notifi- by such entity; order consistent with such determination.’’. cation. ‘‘(ii) facilitates the provision of services to ‘‘(ii) Upon taking effect, the election ter- SEC. 7. APPLICATION OF COVERAGE TO MAN- patients of the entity; or minates the applicability of this subsection AGED CARE PLANS. ‘‘(iii) are otherwise required under an em- to the entity and each officer, governing Section 224 (42 U.S.C. 223) (as amended by ployment contract (or similar arrangement) board member, employee, and contractor of section 6) is amended by adding at the end between the entity and an officer, governing the entity. thereof the following subsection: board member, employee, or contractor of ‘‘(iii) Upon the effective date for the elec- ‘‘(m)(1) An entity or officer, governing the entity.’’. tion, clauses (i) and (ii) of subparagraph (G) board member, employee, or contractor of an SEC. 5. APPLICATION PROCESS. apply to the entity to the same extent and in entity described in subsection (g)(1) shall, for (a) APPLICATION REQUIREMENT.—Section the same manner as such clauses apply to an purposes of this section, be deemed to be an 224(g)(1) (42 U.S.C. 233(g)(1)) (as amended by entity that has not submitted an application employee of the Public Health Service with section 4) is further amended— under subparagraph (D). respect to services provided to individuals (1) in subparagraph (A), by inserting after ‘‘(iv) If after making the election the en- who are enrollees of a managed care plan if ‘‘For purposes of this section’’ the following: tity submits an application under subpara- the entity contracts with such managed care ‘‘and subject to the approval by the Sec- graph (D), the election does not preclude the plan for the provision of services. retary of an application under subparagraph Secretary from approving the application ‘‘(2) Each managed care plan which enters (D)’’; and (and thereby restoring the applicability of into a contract with an entity described in (2) by adding at the end thereof the follow- this subsection to the entity and each offi- subsection (g)(4) shall deem the entity and ing: cer, governing board member, employee, and any officer, governing board member, em- ‘‘(D) The Secretary may not under sub- contractor of the entity, subject to the pro- ployee, or contractor of the entity as meet- paragraph (A) deem an entity or an officer, visions of this subsection and the subsequent ing whatever malpractice coverage require- governing board member, employee, or con- provisions of this section.’’. ments such plan may require of contracting tractor of the entity to be an employee of (b) APPROVAL PROCESS.—Section 224(h) (42 providers for a calendar year if such entity the Public Health Service for purposes of U.S.C. 233(h)) is amended— or officer, governing board member, em- this section, and may not apply such deem- (1) in the matter preceding paragraph (1), ployee, or contractor of the entity has been ing to services described in subparagraph by striking ‘‘Notwithstanding’’ and all that deemed to be an employee of the Public (B)(ii), unless the entity has submitted an follows through ‘‘entity—’’ and inserting the Health Service for purposes of this section application for such deeming to the Sec- following: ‘‘The Secretary may not approve for such calendar year. Any plan which is December 12, 1995 CONGRESSIONAL RECORD — HOUSE H 14275 found by the Secretary on the record, after Act were reduced pursuant to subsection centers to continue their private mal- notice and an opportunity for a full and fair (k)(2). practice coverage. Despite this delay, hearing, to have violated this subsection ‘‘(B) A comparison of— 119 health centers have reportedly shall upon such finding cease, for a period to ‘‘(i) an estimate of the amount of privately saved $14.3 million because they have be determined by the Secretary, to receive offered such insurance that such entities (to- and to be eligible to receive any Federal gether with the officers, governing board been able to drop private malpractice funds under title XVIII or XIX of the Social members, employees, and contractors of such coverage for one or more of their clini- Security Act. entities who have been deemed to be employ- cians. ‘‘(3) For purposes of this subsection, the ees for purposes of this section) purchased The amendment before us would term ‘managed care plan’ shall mean health during the three-year period beginning on make the FTCA coverage permanent. maintenance organizations and similar enti- January 1, 1993; with The amendment also clarifies that par- ties that contract at-risk with payors for the ‘‘(ii) an estimate of the amount of such in- ticipation in the FTCA is at the option provision of health services or plan enrollees surance that such entities (together with the of the health center and is not manda- and which contract with providers (such as officers, governing board members, employ- tory. It also modifies a study of the entities described in subsection (g)(4)) for the ees, and contractors of such entities who delivery of such services to plan enrollees.’’. have been deemed to be employees for pur- program so that a true cost-benefit SEC. 8. COVERAGE FOR PART-TIME PROVIDERS poses of this section) will purchase after the analysis of the program will be done. UNDER CONTRACTS. date of the enactment of the Federally Sup- This amendment was crafted with Section 224(g)(5)(B) (42 U.S.C. 223(g)(5)(B)) ported Health Centers Assistance Act of 1995. input from a bipartisan group of Mem- is amended to read as follows: ‘‘(C) An estimate of the medical mal- bers, the community health centers, ‘‘(B) in the case of an individual who nor- practice liability loss history of such entities and insurance agents who sell private mally performs an average of less than 321⁄2 for the 10-year period preceding October 1, malpractice insurance. I believe this hours of services per week for the entity for 1996, including but not limited to the follow- amendment satisfies everyone’s objec- the period of the contract, the individual is ing: a licensed or certified provider of services in ‘‘(i) Claims that have been paid and that tives for this legislation. the fields of family practice, general internal are estimated to be paid, and legal expenses I urge my colleagues to join me in medicine, general pediatrics, or obstetrics to handle such claims that have been paid supporting H.R. 1747. and gynecology.’’. and that are estimated to be paid, by the Mr. Speaker, I reserve the balance of SEC. 9. DUE PROCESS FOR LOSS OF COVERAGE. Federal Government pursuant to deeming my time. Section 224(i)(1) (42 U.S.C. 233(i)(1)) is entities as employees for purposes of this Mr. WAXMAN. Mr. Speaker, I yield amended by striking ‘‘may determine, after section. myself such time as I may consume. notice and opportunity for a hearing’’ and ‘‘(ii) Claims that have been paid and that Mr. Speaker, I rise in support of this inserting ‘‘may on the record determine, are estimated to be paid, and legal expenses legislation that would extend the law after notice and opportunity for a full and to handle such claims that have been paid that allows the community health cen- fair hearing’’. and that are estimated to be paid, by private ters to take advantage of the Federal SEC. 10. AMOUNT OF RESERVE FUND. medical malpractice liability insurance. Tort Claims Act coverage. That will Section 224(k)(2) (42 U.S.C. 223(k)(2)) is ‘‘(D) An analysis of whether the cost of premiums for private medical malpractice li- mean and has meant for a number of amended by striking ‘‘$30,000,000’’ and insert- these community health centers that ing ‘‘$10,000,000’’. ability insurance coverage is consistent with they will not have to use their scarce SEC. 11. REPORT ON RISK EXPOSURE OF COV- the liability claims experience of entities ERED ENTITIES. that have been deemed as employees for pur- resources to go out and buy a private Section 224 (as amended by section 7) is poses of this section. medical malpractice insurance policy, amended by adding at the end thereof the ‘‘(3) In preparing the report under para- since they will be covered by the Fed- following subsection: graph (1), the Comptroller General of the eral law, the same as any other Federal ‘‘(n)(1) Not later than one year after the United States shall consult with public and agency would under the circumstances. date of the enactment of the Federally Sup- private entities with expertise on the mat- This legislation was authored origi- ters with which the report is concerned.’’. ported Health Centers Assistance Act of 1995, nally by the gentleman from Oregon, the Comptroller General of the United States The SPEAKER pro tempore. Pursu- Mr. WYDEN, and coauthored by the gen- shall submit to the Congress a report on the ant to the rule, the gentleman from tlewoman from Connecticut, Mrs. following: Florida [Mr. BILIRAKIS] will be recog- ‘‘(A) The medical malpractice liability NANCY JOHNSON. It has worked well, claims experience of entities that have been nized for 20 minutes, and the gen- and the bill before us would be to ex- deemed to be employees for purposes of this tleman from California [Mr. WAXMAN] tend the legislation to be able to work section. will be recognized for 20 minutes. in the future. ‘‘(B) The risk exposure of such entities. The Chair recognizes the gentleman Mr. Speaker, I support the legislation ‘‘(C) The value of private sector risk-man- from Florida [Mr. BILIRAKIS]. and urge all our colleagues to support agement services, and the value of risk-man- Mr. BILIRAKIS. Mr. Speaker, I yield agement services and procedures required as it as well. myself such time as I may consume. Mr. Speaker, I reserve the balance of a condition of receiving a grant under sec- (Mr. BILIRAKIS asked and was given tion 329, 330, 340, or 340A. my time. ‘‘(D) A comparison of the costs and the permission to revise and extend his re- Mr. BILIRAKIS. Mr. Speaker, I benefits to taxpayers of maintaining medical marks.) thank the gentleman again for his co- malpractice liability coverage for such enti- Mr. BILIRAKIS. Mr. Speaker, the in- operation regarding this legislation, ties pursuant to this section, taking into ac- tent of the original Federally Sup- and I yield such time as she may count— ported Health Centers Assistance Act consume to the gentlewoman from ‘‘(i) a comparison of the costs of premiums passed in 1993 was to relieve health Connecticut [Mrs. JOHNSON]. paid by such entities for private medical centers of the burdensome costs of pri- Mrs. JOHNSON of Connecticut. Mr. malpractice liability insurance with the cost of coverage pursuant to this section; and vate malpractice insurance by extend- Speaker, I thank my colleague, the ‘‘(ii) an analysis of whether the cost of pre- ing Federal Tort Claims Act coverage gentleman from Florida [Mr. BILI- miums for private medical malpractice li- to health center employees. The funds RAKIS], for his leadership on this issue ability insurance coverage is consistent with saved on these premiums could then be and for his help in working out the the liability claims experience of such enti- used to provide health care to addi- amendment that has made it possible ties. tional individuals. H.R. 1747 extends for this bill to offer this program on a ‘‘(2) The report under paragraph (1) shall current law and enables these health permanent basis. He has always been a include the following: ‘‘(A) A comparison of— centers to maximize their Federal dol- strong supporter and advocate of com- ‘‘(i) an estimate of the aggregate amounts lars and provide health care service to munity health centers, and I appre- that such entities (together with the offi- more people. ciate the gentleman’s good help. cers, governing board members, employees, Based upon the current statute, 542 I also appreciate the support of my and contractors of such entities who have health centers have been approved for colleague, the gentleman from Califor- been deemed to be employees for purposes of FTCA coverage. However, because final nia, Mr. WAXMAN, his longtime support this section) would have directly or indi- regulations were not issued until May and hard work on the legislation gov- rectly paid in premiums to obtain medical malpractice liability insurance coverage if 8, 1995 the program has not been fully erning our community health centers, this section were not in effect; with implemented. This lengthy period of and want to acknowledge the work of ‘‘(ii) the aggregate amounts by which the uncertainty regarding the law’s scope my colleague, the gentleman from Or- grants received by such entities under this has made it necessary for many health egon, Mr. RON WYDEN, on this issue. He H 14276 CONGRESSIONAL RECORD — HOUSE December 12, 1995 and I introduced the original legisla- rate consistent with the low rate of a substantial sum of their operating budget tion 3 years ago, which was heavy lift- claims filed against health centers from the Federal Government and which are ing, as we say in this body, and we are under private insurance. strictly regulated by the Department of Health very pleased that this is before us More than ever, America’s health and Human Services, should also be included today to make this program perma- centers have growing responsibilities under this program. nent. While he cannot be with us at for the provision of health care to The original Federally Supported Health this time, I want to commend the hard medically underserved populations and Centers Assistance Act set up a fund, under work and the real dedication of the communities, yet your support for the the FTCA, to which a portion of the grants for gentleman from Oregon [Mr. WYDEN] to permanent extension of FTCA mal- community health centers would be allocated. ensuring that the important health practice coverage for health centers To date, only 15 claims have been filed services that these centers provide are will enable health centers to make against health centers under the FTCA and there for people in America. cost-effective use of limited Federal none of the $11 million set-aside to be ex- Mr. Speaker, H.R. 1747, the federally grant funds, and I urge the support of pended for coverage of such has been ex- supported Health Centers Assistance my colleagues for this legislation. pended. Act of 1995, makes permanent, at no Mr. YOUNG of Alaska. Mr. Speaker, I In fact, since the enactment of this bill in additional cost to taxpayers, a highly thank the gentlewoman for her terrific late 1992, coverage under the FTCA has successful demonstration project offer- leadership in this regard. saved community health centers an estimated ing malpractice coverage for the Na- GENERAL LEAVE $14.3 million, allowing about 75,000 more pa- tion’s community, migrant, and home- Mr. YOUNG of Alaska. Mr. Speaker, I tients to be served. less citizens under the Federal Tort ask unanimous consent that all Mem- H.R. 1747 reauthorizes the Federally Sup- Claims Act. bers may have 5 legislative days within ported Health Centers Assistance Act perma- H.R. 1747 will ensure that the maxi- which to revise and extend their re- nently and clarifies portions of the original leg- mum amount of the limited Federal marks on H.R. 1747. islation. In particular, it ensures that doctors funds supporting health centers are The SPEAKER pro tempore. Is there who have to do shared call are covered. spent to provide quality patient care objection to the request of the gen- These are doctors in rural or poor urban com- and services, rather than to pay for tleman from Alaska? munities who all have to share duties at the malpractice insurance premiums. The There was no objection. local hospital. limited demonstration project saved Mr. WYDEN. Mr. Speaker, I wish to express The legislation also ensures that part-time health centers millions of dollars on my strong support for H.R. 1747, the Federally doctors who work for health centers are cov- malpractice insurance expenses over Supported Health Centers Assistance Act of ered under the FTCA, and it clarifies that the past 2 years, allowing health cen- 1995. I would like to thank members on both FTCA coverage may apply in managed care ters to offer their services to an addi- sides of the aisle, including Representative arrangements with health centers. tional 75,000 patients. Federally sup- BILIRAKIS, Representative WAXMAN, and Rep- Time is of the essence with this reauthoriza- ported health centers are nonprofit resentative FRANK for their unflagging support tion. Since the final regulations for this pro- providers of health care to America’s and assistance in moving this important piece gram were not issued until May of this, many medically underserved. They serve the of legislation through the House. In particular, community health centers are waiting before working poor, the uninsured, Medicare I wish to thank Representative NANCY JOHN- they drop their private malpractice coverage to and Medicaid recipients, as well as SON of Connecticut for her years of work and see if this act is reauthorized. high-risk and vulnerable populations. commitment on this bill. She is a true friend of For those 119 health centers that are now Today health centers provide cost-ef- community health centers and has been an covered under the FTCA, the situation is more fective primary and preventive care to outstanding partner in our fight for smarter urgent. If this bill is not reauthorized, they will over 8.8 million people nationwide. Government. As always, it was a joy to work have to start purchasing expensive private Health centers are public-private part- with her. malpractice insurance in the next couple nerships, funded in part by grants I think we all realize that the Federal Gov- weeks to ensure that they are not left without under the Public Health Service Act, ernment has to work harder to squeeze every coverage next year. which enable health centers to employ last ounce of service out of each taxpayer dol- In Oregon, the passage of H.R. 1747 will health care professionals and operate lar allocated to health care. That's exactly mean a number of health centers will finally over 2,200 health service delivery sites what this program accomplishes. feel comfortable dropping their private mal- throughout our cities and towns. This legislation will be a shot in the arm to practice insurance. At La Clinica Del Valle in Private malpractice insurance has struggling community health centers [CHC's]. Phoenix, OR, the health center will have as been a significant expense for these The bill allows CHC's to reallocate desperately much as $20,000 more to spend on patientsÐ nonprofit centers. Prior to the FDCA needed health care dollars from the coffers of meaning they can serve at least 250 patients. coverage bill, health centers spent $40 private medical malpractice insurance compa- Next year, when they move to a new facility, billion annually of their grant funds nies to direct services for hundreds thousands they will save $40,000 or the equivalent of a for private malpractice insurance, yet more poor and rural Americans. Additionally, it part-time doctorÐand be able to serve 500 they had very few claims. By perma- will ensure that American taxpayers get the more patients. At the Salud Medical Center in nently extending coverage for health biggest bang for their buck. Woodburn, OR, reauthorizing this program will centers under the FDCA, Congress will When Representative JOHNSON and I first in- mean that the center will have at a minimum enable health centers to use more of troduced this legislation in 1991, community $10,000 more to spend on serving patients. their scarce Federal dollars for patient health centers were paying $58 million a year, At the West Salem Clinic in Salem, OR, with care instead of for malpractice pre- most of which came out of their Federal grant the savings from this program, they will be miums. For each $10 million saved in fund for medical malpractice insuranceÐwhile able to hire a part-time nurse practitioner, and funds, health centers can serve an addi- they only generated about $4 million a year in the head of the center estimates that this will tional 100,000 patients with quality claims. mean they will be able to take 2,100 more vis- care. Roughly $54 million dollars, allocated by the its from people in the areaÐor serve about Mr. speaker, I am proud to have sup- Federal Government for health care services 700 more patients. At the Southeastern Rural ported legislation ensuring that stand- for poor and rural Americans, was not going Health Network in Chiloquin, OR, the savings ards for health centers ranked among for services, but was going as pure profit to will mean the center can repair a leaking roof the highest in terms of certification, large insurance corporations. It seemed to my- and build a wheelchair ramp so that handi- quality care, and accountability. self and Mrs. JOHNSON that there had to be a capped people can enter the clinic to visit the better way. doctor. b 1545 What we discovered was that Federal em- It seems to me that this legislation is a These health centers have a remark- ployees, including health care providers at the prime example of how we can work together, ably low incidence of malpractice Veterans Administration, Department of De- on a bipartisan basis, to come up with cre- claims. fense, and Indian Health Service, are covered ative, cost-effective solutions, to provide peo- Since the fall of 1993, only 30 claims by the Federal Tort Claims Act [FTCA] instead ple with more medical assistance and to effec- have been filed against the 545 health of by private insurers. It seemed only natural tively use American's hard-earned tax dollars. centers approved for FTCA coverage, a that community health centers, which receive Again, I thank the Members who have helped December 12, 1995 CONGRESSIONAL RECORD — HOUSE H 14277 with this important piece of legislation, and (B) by adding the following after ‘‘such lev- the restoration of the fish and wildlife in the urge its speedy approval. els.’’: ‘‘To the extent these restored fish and Trinity River Basin, California, and for other Mr. YOUNG of Alaska. Mr. Speaker, I wildlife populations will contribute to ocean purposes’’, approved October 24, 1984 (98 Stat. have no further requests for time, and populations of adult salmon, steelhead, and 2723), as amended, is amended— other anadromous fish, such management pro- I yield back the balance of my time. (1) in paragraph (1), by striking ‘‘October 1, gram is intended to aid in the resumption of 1995’’ and inserting in lieu thereof ‘‘October 1, Mr. WAXMAN. Mr. Speaker, I have commercial, including ocean harvest, and rec- no further requests for time, and I 1998’’; and reational fishing activities.’’. (2) in paragraph (2), by striking ‘‘ten-year’’ yield back the balance of my time. ISH HABITATS IN THE KLAMATH RIVER.— (b) F and inserting in lieu thereof ‘‘13-year’’. The SPEAKER pro tempore (Mr. Paragraph (1)(A) of such section (98 Stat. 2722) (b) IN-KIND SERVICES; OVERHEAD; AND FINAN- EWING). The question is on the motion is amended by striking ‘‘Weitchpec;’’ and insert- CIAL AND AUDIT REPORTS.—Section 4 of such offered by the gentleman from Florida ing ‘‘Weitchpec and in the Klamath River down- stream of the confluence with the Trinity Act (98 Stat. 2724) is amended— [Mr. BILIRAKIS] that the House suspend River;’’. (1) by designating subsection (d) as subsection the rules and pass the bill, H.R. 1747, as (c) TRINITY RIVER FISH HATCHERY.—Para- (h); and amended. graph (1)(C) of such section (98 Stat. 2722) is (2) by inserting after subsection (c) the follow- The question was taken; and (two- amended by inserting before the period the fol- ing new subsections: thirds having voted in favor thereof) lowing: ‘‘, so that it can best serve its purpose ‘‘(d) The Secretary is authorized to accept in- the rules were suspended and the bill, of mitigation of fish habitat loss above Lewiston kind services as payment for obligations in- as amended, was passed. Dam while not impairing efforts to restore and curred under subsection (b)(1). A motion to reconsider was laid on maintain naturally reproducing anadromous ‘‘(e) Not more than 20 percent of the amounts the table. fish stocks within the basin’’. appropriated under subsection (a) may be used (d) ADDITION OF INDIAN TRIBES.—Section f for overhead and indirect costs. For the pur- 2(b)(2) of such Act (98 Stat. 2722) is amended by poses of this subsection, the term ‘overhead and TRINITY RIVER BASIN FISH AND striking ‘‘tribe’’ and inserting ‘‘tribes’’. indirect costs’ means costs incurred in support WILDLIFE MANAGEMENT REAU- SEC. 4. ADDITIONS TO TASK FORCE. of accomplishing specific work activities and (a) IN GENERAL.—Section 3(a) of the Act enti- THORIZATION ACT OF 1995 jobs. Such costs are primarily administrative in tled ‘‘An Act to provide for the restoration of nature and are such that they cannot be prac- Mr. YOUNG of Alaska. Mr. Speaker, I the fish and wildlife in the Trinity River Basin, tically identified and charged directly to a move to suspend the rules and pass the California, and for other purposes’’, approved project or activity and must be distributed to all bill (H.R. 2243) to amend the Trinity October 24, 1984 (98 Stat. 2722), as amended, is jobs on an equitable basis. Such costs include River Basin Fish and Wildlife Manage- amended— compensation for administrative staff, general (1) by striking ‘‘fourteen’’ and inserting staff training, rent, travel expenses, communica- ment Act of 1984, to extend for 3 years ‘‘nineteen’’; the availability of moneys for the res- (2) by striking ‘‘United States Soil Conserva- tions, utility charges, miscellaneous materials toration of fish and wildlife in the tion Service’’ in paragraph (10) and inserting and supplies, janitorial services, depreciation Trinity River, and for other purposes, ‘‘Natural Resources Soil and Conservation Serv- and replacement expenses on capitalized equip- ice’’; and ment. Such costs do not include inspection and as amended. design of construction projects and environ- The Clerk read, as follows: (3) by inserting after paragraph (14) the fol- lowing: mental compliance activities, including (but not H.R. 2243 ‘‘(15) One individual to be appointed by the limited to) preparation of documents in compli- Be it enacted by the Senate and House of Rep- Yurok Tribe. ance with the National Environmental Policy resentatives of the United States of America in ‘‘(16) One individual to be appointed by the Act of 1969. Congress assembled, Karuk Tribe. ‘‘(f) Not later than December 31 of each year, SECTION 1. SHORT TITLE. ‘‘(17) One individual to represent commercial the Secretary shall prepare reports documenting This Act may be cited as the ‘‘Trinity River fishing interests, to be appointed by the Sec- and detailing all expenditures incurred under Basin Fish and Wildlife Management Reauthor- retary after consultation with the Board of Di- this Act for the fiscal year ending on September ization Act of 1995’’. rectors of the Pacific Coast Federation of Fish- 30 of that same year. Such reports shall contain SEC. 2. CLARIFICATION OF FINDINGS. ermen’s Associations. information adequate for the public to determine Section 1 of the Act entitled ‘‘An Act to pro- ‘‘(18) One individual to represent sport fishing how such funds were used to carry out the pur- vide for the restoration of the fish and wildlife interests, to be appointed by the Secretary after poses of this Act. Copies of such reports shall be in the Trinity River Basin, California, and for consultation with the Board of Directors of the submitted to the Committee on Resources of the other purposes’’, approved October 24, 1984 (98 California Advisory Committee on Salmon and House of Representatives and the Committee on Stat. 2721), as amended, is amended— Steelhead Trout. Energy and Natural Resources of the Senate. ‘‘(19) One individual to be appointed by the (1) by redesignating paragraphs (5) and (6) as ‘‘(g) The Secretary shall periodically conduct Secretary, in consultation with the Secretary of paragraphs (6) and (7), respectively; a programmatic audit of the in-river fishery Agriculture, to represent the timber industry.’’. (2) by adding after paragraph (4) the follow- monitoring and enforcement programs under (b) COORDINATION.—Section 3 of such Act (98 ing: this Act and submit a report concerning such ‘‘(5) Trinity Basin fisheries restoration is to be Stat. 2722) is further amended by adding at the audit to the Committee on Resources of the measured not only by returning adult anad- end thereof the following new subsection: House of Representatives and the Committee on romous fish spawners, but by the ability of de- ‘‘(d) Task Force actions or management on Energy and Natural Resources of the Senate.’’. pendent tribal, commercial, and sport fisheries the Klamath River from Weitchpec downstream to participate fully, through enhanced in-river to the Pacific Ocean shall be coordinated with, (c) AUTHORITY TO SEEK APPROPRIATIONS.— and ocean harvest opportunities, in the benefits and conducted with the full knowledge of, the Section 4 of such Act, as amended by subsection of restoration;’’; and Klamath River Basin Fisheries Task Force and (b) of this section, is further amended by insert- (3) by amending paragraph (7), as so redesig- the Klamath Fishery Management Council, as ing after subsection (h) the following new sub- nated, to read as follows: established under Public Law 99–552. The Sec- section: ‘‘(7) the Secretary requires additional author- retary shall appoint a designated representative ‘‘(i) Beginning in the fiscal year immediately ity to implement a management program, in con- to ensure such coordination and the exchange following the year the restoration effort is com- junction with other appropriate agencies, to of information between the Trinity River Task pleted and annually thereafter, the Secretary is achieve the long-term goals of restoring fish and Force and these two entities.’’. authorized to seek appropriations as necessary wildlife populations in the Trinity River Basin, (c) REIMBURSEMENT.—Section 3(c)(2) of such to monitor, evaluate, and maintain program in- and, to the extent these restored populations Act (98 Stat. 2723) is amended by adding at the vestments and fish and wildlife populations in will contribute to ocean populations of adult end the following: ‘‘Members of the Task Force the Trinity River Basin for the purpose of salmon, steelhead, and other anadromous fish, who are not full-time officers or employees of achieving long-term fish and wildlife restoration such management program will aid in the re- the United States, the State of California (or a goals.’’. sumption of commercial, including ocean har- political subdivision thereof), or an Indian tribe, SEC. 6. NO RIGHTS AFFECTED. may be reimbursed for such expenses as may be vest, and recreational fishing activities.’’. The Act entitled ‘‘An Act to provide for the incurred by reason of their service on the Task SEC. 3. CHANGES TO MANAGEMENT PROGRAM. restoration of the fish and wildlife in the Trin- Force, as consistent with applicable laws and (a) OCEAN FISH LEVELS.—Section 2(a) of the ity River Basin, California, and for other pur- regulations.’’. Act entitled ‘‘An Act to provide for the restora- poses’’, approved October 24, 1984 (98 Stat. tion of the fish and wildlife in the Trinity River (d) EFFECTIVE DATE.—The amendments made by subsection (a) shall apply with respect to ac- 2721), as amended, is further amended by insert- Basin, California, and for other purposes’’, ap- ing at the end thereof the following: proved October 24, 1984 (98 Stat. 2722), as tions taken by the Trinity River Basin Fish and ‘‘PRESERVATION OF RIGHTS amended, is amended— Wildlife Task Force on and after 120 days after (1) in the matter preceding paragraph (1)— the date of the enactment of this Act. ‘‘SEC. 5. Nothing in this Act shall be construed (A) by inserting ‘‘, in consultation with the SEC. 5. APPROPRIATIONS. as establishing or affecting any past, present, or Secretary of Commerce where appropriate,’’ (a) EXTENSION OF AUTHORIZATION.—Section future rights of any Indian or Indian tribe or after ‘‘Secretary’’; and 4(a) of the Act entitled ‘‘An Act to provide for any other individual or entity.’’. H 14278 CONGRESSIONAL RECORD — HOUSE December 12, 1995 SEC. 7. SHORT TITLE OF 1984 ACT. This bill will clarify the goals of the will authorize completion of an envi- The Act entitled ‘‘An Act to provide for the Trinity River Fish and Wildlife Res- ronmental impact statement that the restoration of the fish and wildlife in the Trin- toration Program and will extend the Secretary of the Interior will use to es- ity River Basin, California, and for other pur- authorization of the Trinity River Fish poses’’, approved October 24, 1984 (98 Stat. tablish an adequate stream flow for 2721), as amended by section 6 of this Act, is fur- and Wildlife task force. salmon populations. It will also au- ther amended by adding at the end the follow- The restoration program and the thorize additional river bank restora- ing: task force are strongly supported by tion projects intended to maximize the ‘‘SHORT TITLE commercial fishing interests, including effectiveness of streamflow modifica- ‘‘SEC. 6. This Act may be cited as the ‘Trinity the Pacific Coast Federation of Fisher- tions. River Basin Fish and Wildlife Management Act men’s Associations; sport fishing inter- As members of the California delega- of 1984’.’’. ests; native Americans who depend on tion can attest, our State’s water sup- The SPEAKER pro tempore. Pursu- the river and its fishery; environ- ply, particularly within the Central ant to the rule, the gentleman from mentalists; and other stakeholders in Valley project, is used for a variety of Alaska [Mr. YOUNG] will be recognized the Trinity River Basin. The restora- important purposes and is constantly for 20 minutes, and the gentleman from tion program enjoys broad support be- stretched to the limit. Efficient water California [Mr. MILLER] will be recog- cause it is based on good science and use is therefore, essential to meeting nized for 20 minutes. because it is producing results. the demands of the future. The Chair recognizes the gentleman While I strongly support the work of H.R. 2243 will maximize water use from Alaska [Mr. YOUNG]. the restoration program and the task within the Trinity River system by Mr. YOUNG of Alaska. Mr. Speaker, I force, I remain concerned that agricul- helping to establish an appropriate bal- yield myself such time as I may tural interests in the Sacramento and ance between riverbank restoration consume. San Joaquin Valleys are still inter- and stream flow. The benefits of this (Mr. YOUNG of Alaska asked and was ested in diverting as much water as balance will be rejuvenated fisheries given permission to revise and extend they can away from the Trinity River and a more stable long-term supply of his remarks.) Basin. In particular, H.R. 2738, Mr. water for counties of origin, recreation, Mr. YOUNG of Alaska. Mr. Speaker, I DOOLITTLE’s bill to rewrite the 1992 agriculture, wildlife habitat, industry, strongly support H.R. 2243, to extend Central Valley Project Improvement and a host of other important water the Trinity River Basin Fish and Wild- Act, includes provisions that will un- uses. life Act of 1984. dermine and perhaps nullify efforts to Mr. Speaker, this is a good bill, and This bill, introduced by our distin- restore the Trinity, and perhaps even I urge my colleagues to vote in favor of guished colleague from California, open the way for more water conflicts its passage. FRANK RIGGS, will build upon the suc- throughout California. California’s Mr. YOUNG of Alaska. Mr. Speaker, I cesses of the past decade and continue Constitution and State laws are clearly have no further requests for time, and the important work of rebuilding valu- designed to protect areas of origin such I yield back the balance of my time. able fish and wildlife populations in as the Trinity River Basin, and these Mr. MILLER of California. Mr. the Trinity River Basin. concepts were incorporated by Con- Speaker, I urge the support of this leg- Furthermore, the legislation will ex- gress into the 1955 law that authorized islation. pand the membership of the Trinity construction of the Trinity River divi- Mr. SAXTON. Mr. Speaker, I am pleased to River task force to include representa- sion of the Central Valley project. I present to the House of Representatives H.R. tives from commercial, recreational, will strongly oppose proposals that vio- 2243, a bill introduced by our colleague from and tribal fishing interests. By broad- late these precepts, and I caution my California, FRANK RIGGS, to reauthorize the ening the membership of the task colleagues to be aware of plans for fur- Trinity River Basin Fish and Wildlife Act of force, I am confident that the Sec- ther assault on these critical fishery 1984. retary of the Interior will receive new resources. During the past 10 years, nearly $60 million and valuable advice on innovative ways Mr. Speaker, I have no further re- has been spent on trying to restore the habitat to improve the Trinity River Basin in quests for time, and I reserve the bal- of the Trinity River Basin in an effort to rebuild the future. ance of my time. the populations of various fish and wildlife I urge the adoption of H.R. 2243, and Mr. YOUNG of Alaska. Mr. Speaker, I species, including chinook and coho salmon I compliment FRANK RIGGS for his tire- yield 3 minutes to the gentleman from and steelhead trout. less work on behalf of his constituents. California [Mr. HERGER]. Among the accomplishments of the Trinity Mr. MILLER of California. Mr. Mr. HERGER. Mr. Speaker, I rise in River Basin Fish and Wildlife Act are the con- Speaker, I yield myself such time as I strong support of H.R. 2243, the Trinity struction of the Buckhorn Debris Dam, the may consume. River Basin Fish and Wildlife Manage- modernization of the Lewiston Hatchery, and Mr. Speaker, I join my colleague ment Reauthorization Act of 1995. I the purchase and rehabilitation of 17,000 from Alaska in supporting the enact- wish to acknowledge and thank my col- acres of highly erodible lands along Grass ment of H.R. 2243, the Trinity River league, FRANK RIGGS, and his staff for Valley Creek. Basin Fish and Wildlife Management their efforts to bring this legislation to H.R. 2243, which was the subject to a hear- Reauthorization Act of 1995. the floor. I also wish to thank Chair- ing before the Subcommittee on Fisheries, Mr. Speaker, a little over 30 years man SAXTON, Chairman DOOLITTLE, Wildlife and Oceans on November 2, will ex- ago, Federal dams on the Trinity River Chairman YOUNG, and their staff for tend the Trinity River Basin Fish and Wildlife in northern California began taking up their help and cooperation moving H.R. Management Program for another 3 years; ex- to 90 percent of the river’s flow and 2243 through committee. pand the membership of the task force to in- sending it west through the mountains Mr. Speaker, the reauthorization of clude representatives from the timber industry to the Sacramento Valley. From there, the Trinity River restoration program and commercial, recreational, and tribal fishing Trinity River water flowed south, ulti- enjoys broad support from the resi- interests; and will specify that stocking the mately to irrigate cotton and tomato dents of Trinity County in northern Trinity River with hatchery fish should not im- fields in the San Joaquin Valley. Un- California. Congress authorized the res- pair efforts to restore naturally reproducing fortunately, diversions from the Trin- toration program in 1984 to study the stocks. ity River Basin have devastated fish effect of increased stream flow and wa- At that subcommittee hearing, every witness populations. tershed rehabilitation within the Trin- testified in support of the reauthorization of the The health of the Trinity River is ity River system. The primary purpose act; and there was a consensus that the Trin- crucial to the well-being of Indian com- of the program is to restore fish habi- ity River is the principal natural asset of this munities and to the commercial and tat that was lost due to the construc- broad geographic region and crucial compo- recreational fishing economies. H.R. tion of Lewiston and Trinity Dams. nent of the economy. 2243 will help ensure that future deci- The program gives priority to rehabili- The goal of H.R. 2243 is simple: to restore sions that affect flows in the Trinity tating spawning areas for winter and fish and wildlife populations in the Trinity River River will be based on good science and spring-run chinook salmon. Basin. While working with the sponsor of this an understanding of the hydrology and Mr. Speaker, H.R. 2243 extends the bill and other interested Members, it has be- biology of this complex river system. Trinity River program for 3 years. This come very clear that this legislation attempts December 12, 1995 CONGRESSIONAL RECORD — HOUSE H 14279 to walk through a mine field of other issues keeping its promise to correct environmental DON EDWARDS SAN FRANCISCO that are not so simple. At the subcommittee degradation which it has caused. BAY NATIONAL WILDLIFE REFUGE markup, the bill was refined to address most The bill being considered by the House Mr. YOUNG of Alaska. Mr. Speaker, I of the recommended changes. I hope that we today was drafted after the Water and Power move to suspend the rules and pass the will continue to walk carefully through that Subcommittee held an oversight hearing on bill (H.R. 1253) to rename the San Fran- mine field without attempting to refight the the Trinity River Restoration Act last July. At cisco Bay National Wildlife Refuge as California water wars of the past. that hearing, concerned individuals suggested the Don Edwards San Francisco Bay Mr. Speaker, proponents of this legislation elements that should be included in any new National Wildlife Refuge. have persuasively argued that restoration of legislation. The Clerk read as follows: the Trinity River Basin is of paramount impor- H.R. 2243 incorporates elements of a bill H.R. 1253 tance to the economy and culture of north- proposed by the Administration last March. It Be it enacted by the Senate and House of Rep- western California. Reauthorization will allow also reflects a consensus of the major Trinity resentatives of the United States of America in this program to march forward and to com- River stakeholders that enhanced fish harvest Congress assembled, plete a number of high priority efforts including opportunities both in-river and in the ocean SECTION 1. SAN FRANCISCO BAY NATIONAL the restoration of the Grass Valley Creek wa- are measures of a healthy Trinity. The fact WILDLIFE REFUGE RENAMED AS tershed, the South Fork fish habitat and water- DON EDWARDS SAN FRANCISCO BAY that a consensus could be reached among NATIONAL WILDLIFE REFUGE. shed, and to implement a wildlife management such diverse groups as Indian Tribes, com- (a) REFUGE RENAMED.—The San Francisco program. mercial fishermen, and environmental organi- Bay National Wildlife Refuge (established by I strongly support H.R. 2243 and I want to zations is a tribute to their concern for the the Act entitled ‘‘An Act to provide for the compliment Congressman FRANK RIGGS for his Trinity. establishment of the San Francisco Bay Na- effective leadership in this matter. I urge the Mr. Speaker, key provisions of H.R. 2243 in- tional Wildlife Refuge’’, approved June 30, 1972 (86 Stat. 399 et seq.)), is hereby renamed adoption of H.R. 2243. clude the following. This bill to extend the authorization of the and shall be known as ‘‘the Don Edwards San The findings of the original Act are ex- Trinity River Restoration Act for 3 years is ex- Francisco Bay National Wildlife Refuge’’. panded to emphasize the importance of ocean (b) REFERENCES.—Any reference in any tremely important to Northern California, and I harvest opportunities, recognizing, of course, statute, rule, regulation, Executive order, ask my colleagues to vote in favor of passage. publication, map, or paper or other docu- I want to thank the managers of this billÐ that many factors contribute to the health of our ocean fisheries. ment of the United States to the San Fran- the Chairman [Mr. SAXTON] and Ranking Mi- cisco Bay National Wildlife Refuge is deemed nority Member [Mr. STUDDS] of the Fisheries Restoration activity is authorized in the to refer to the Don Edwards San Francisco Subcommittee, as well as the Chairman [Mr. Klamath River, downstream from its intersec- Bay National Wildlife Refuge. YOUNG] and Ranking Minority Member [Mr. tion with the Trinity to the ocean. (c) CONFORMING AMENDMENT.—The Act en- titled ‘‘An act to provide for the establish- MILLER] of the full Resources Committee. They The bill clarifies that the purpose of the Trin- ment of the San Francisco Bay National gave this measure their priority attention. ity River Fish Hatchery is mitigation of fish habitat loss above Lewiston Dam; it should not Wildlife Refuge’’, approved June 30, 1972 (86 I ask unanimous consent that my statement Stat. 399 et seq.), is amended by striking in support of the bill be included in the impair efforts to restore and maintain naturally ‘‘San Francisco Bay National Wildlife Ref- RECORD with the debate on H.R. 2243. reproducing fish stocks. uge’’ each place it appears and inserting Mr. RIGGS. Mr. Speaker, I strongly rec- The Trinity River Task Force would be ex- ‘‘Don Edwards San Francisco Bay National ommend that the House approve H.R. 2243, panded to include representatives of the Yurok Wildlife Refuge’’. legislation that my colleague from California and Karuk Tribes, plus commercial fishing, The SPEAKER pro tempore. Pursu- [Mr. HERGER] and I introduced on August 4th sport fishing, and timber industry interests. ant to the rule, the gentleman from of this year to reauthorize of the Trinity River The restoration program is extended for Alaska [Mr. YOUNG] will be recognized Restoration Act. three years under the existing authorization of for 20 minutes, and the gentleman from Trinity River water began to be diverted into appropriations. In-kind services can be accept- California [Mr. MILLER] will be recog- the Sacramento River basin in 1963. Average ed as match, and overhead and indirect costs nized for 20 minutes. annual runoff of 1.2 million acre-feet declined are limited to 20 percent. The Chair recognizes the gentleman to 120,000 acre-feet. This had a devastating Mr. Speaker, I am pleased that reauthoriza- from Alaska [Mr. YOUNG]. impact on fisheries that historically had pro- tion of the Trinity River Restoration Act has Mr. YOUNG of Alaska. Mr. Speaker, I duced total spawning escapements of 100,000 broad bipartisan support. I particularly want to yield myself such time as I may Chinook and Coho salmon and steelhead. thank the Chairman [Mr. SAXTON] and Ranking consume. Correcting the problem required action in Minority Member [Mr. STUDDS] of the Fisheries (Mr. YOUNG of Alaska asked and was three areas; Stream flow, harvest manage- Subcommitted, as well as the Chairman [Mr. given permission to revise and extend ment, and watershed stabilization. The Sec- YOUNG] and Ranking Minority Member [Mr. his remarks.) retary of the Interior administratively increased MILLER] of the full Resources Committee, for Mr. YOUNG of Alaska. Mr. Speaker, stream flow to 340,000 acre-feet, action sub- giving this measure their priority attention. as I watch my California colleagues sequently ratified by Congress an amendment I urge my colleagues to vote in favor of H.R. come to the floor, I do hope that they I offered to the Central Valley Project Improve- 2243. will recognize the greatest compliment ment Act. In 1984, Congress passed the Trin- Mr. MILLER. Mr. Speaker, I have no we can give to Mr. Edwards is to make ity River Basin Fish and Wildlife Act, authoriz- further requests for time, and I yield this short. I support H.R. 1253, intro- ing appropriations of $57 million over a 10- back the balance of my time. duced by the distinguished gentleman year period. Another $15 million was approved and our former colleague from Califor- The SPEAKER pro tempore. the in 1993 for purchases of 17,000 acres in the nia, Norm Mineta. question is on the motion offered by Grass Valley Creek watershed and other pro- H.R. 1253 is a simple, noncontrover- the gentleman from Alaska [Mr. gram needs. sial bill that renames the San Fran- YOUNG] that the House suspend the While I was able to include a temporary ex- cisco Bay National Wildlife Refuge rules and pass the bill, H.R. 2243, as tension of the Restoration Act in the 1996 En- after former Congressman Don Ed- amended. ergy and Water Development Appropriations wards. Act, enactment of this legislation is important The question was taken. Don Edwards served in the House of to continuation of the restoration program, re- Mr. YOUNG of Alaska. Mr. Speaker, I Representatives with distinction for 32 authorization will set the stage for the 1996 re- object to the vote on the ground that a years. During that time, he was suc- lease by the Secretary of the Interior of the quorum is not present and make the cessful in convincing the Congress to Flow Study required by the 1984 Act. point of order that a quorum is not authorize the San Francisco Bay Na- A restored Trinity river will have an impact present. tional Wildlife Refuge, to expand its well beyond the immediate area. As the larg- The SPEAKER pro tempore. Pursu- boundaries, and to appropriate the nec- est tributary of the Klamath River, a healthy ant to clause 5 of rule I and the Chair’s essary funds to acquire the more than Trinity will benefit the economy of a wide area prior announcement, further proceed- 22,000 acres that now comprise this of California and Oregon. ings on this motion will be postponed. unit. Success in our restoration efforts will also The point of no quorum is considered The San Francisco Bay National demonstrate that the Federal Government is withdrawn. Wildlife Refuge is the largest urban H 14280 CONGRESSIONAL RECORD — HOUSE December 12, 1995 refuge in the United States. It contains Don Edwards is a great and caring States and is visited by over 250,000 a number of valuable wetlands, sup- environmentalist, and it is fit and people each year. ports hundreds of thousands of proper that he be honored by naming Renaming the refuge after Congress- shorebirds, and the refuge is visited by the San Francisco Bay National Wild- man Edwards is a fitting token, cer- more than 250,000 people each year. life Refuge after him. His consistent tainly not enough for the contribution It is appropriate to rename this ref- strong work on behalf of the refuge that he has made to this country but a uge after Don Edwards in recognition preserves for the present and future fitting token of appreciation to him for of his work and lifelong commitment generations one of the great wonders of his leadership and the hard work that to this effort. I urge an ‘‘aye’’ vote on our Nation. he did to make this. H.R. 1253. As a matter of fact, in the field of As our colleague, the gentlewoman Mr. Speaker, I reserve the balance of preservation, it ought to be noted here from California [Ms. LOFGREN], said my time. among his friends that Don Edwards earlier, for generations to come chil- Mr. MILLER of California. Mr. has not done a bad job of preserving dren who visit the refuge will now Speaker, I yield such time as she may himself. I saw him not so long ago, and know who Don Edwards is, for ages to consume to the gentlewoman from he looks fine and fit and I am sure he come, and the valuable contribution California [Ms. LOFGREN]. may be watching us today. It may be a that he made to our country. Ms. LOFGREN. Mr. Speaker, 25 years very proud time in his life. In that spirit, I wish to once again ago, right after college, I came to As the previous speaker mentioned, commend the chairman of the full com- Washington, DC, and I became an in- Don’s main work in Congress was of mittee, the gentleman from Alaska tern in the office of Congressman Don course in defense of the Bill of Rights. [Mr. YOUNG], and the gentleman from Edwards. One of the things that I did at He indeed truly gave the Constitution California [Mr. MILLER] for their lead- that time was work on his dream to and the Bill of Rights its own refuge, a ership in making this vote possible have a wildlife refuge in south San safe haven from the whims and angry today. Francisco Bay. passions of the moment. Our rights Mr. MILLER of California. Mr. Because I worked on his staff, I saw protecting us against Government in- Speaker, I yield myself such time as I perhaps a different side of the amount trusion and abuse were given a shelter may consume. of effort that it took for Congressman from the storm in Don Edwards’ sub- Mr. Speaker, I rise today in strong Don Edwards to actually make this committee. The rights of women, the support of H.R. 1253, to name the San dream a reality. From calling commit- right to pray without direction from Francisco Bay National Wildlife Ref- tee chairmen every day for months at a the local majority, the right of speech, uge for our distinguished former col- time until he was heard, to working were all given protection and refuge by league, Don Edwards, who represented with local governments on zoning is- the courage and wisdom of this gentle the 16th Congressional District of Cali- sues, and with the business community Congressman from San Jose, CA. fornia in this House for three decades. to make sure that their support would So anyone who has seen the vast This is a difficult time in the history be in place, he did everything that it sweep of the San Francisco Bay will of political discourse in our Nation. was possible to do to make this wildlife immediately understand the impor- Rhetoric is inflamed, partisanship per- refuge a reality. tance and enduring beauty of the work sistent, and open anger barely under Mr. Speaker, a lot of people know that Don did in creating the bay ref- control as we wrestle with issues that Don Edwards as a defender of civil lib- uge. It is a monument to a monu- will determine the future course of this erties and civil rights and the Con- mental Congressman. I thank the com- Nation and of millions of its most vul- stitution. I heard him introduced as mittee for bringing this bill forward, nerable citizens. I think it can be fairly ‘‘the Congressman representing the and join in asking my colleagues to said that both parties share the blame Constitution,’’ and that is a legacy adopt it unanimously. for that condition, as do members of that he has left for our country. But Mr. MILLER of California. Mr. the press who pursue the outlandish, this wildlife refuge is another legacy Speaker, I yield such time as she may the acerbic, and the meanspirited re- that he has left for our country. consume to the gentlewoman from mark. The educational center in Alviso, CA, California [Ms. PELOSI]. Don Edwards, who left this Chamber near my district, is host to hundreds of Ms. PELOSI. Mr. Speaker, I rise to for the last time only a year ago, al- thousands of schoolchildren who can offer my strong support for the legisla- ready seems of a different age—an age learn about the wonder that is the bay tion offered by the distinguished chair- when legislators could disagree with- and the marshlands, including my own man of the full committee, the gen- out being disagreeable, even in discus- children. Because of Don Edwards, the tleman from Alaska [Mr. YOUNG] and sions of issues that bitterly divided California clapper rail and the salt- the ranking member, the gentleman them from each other. He was distin- water harvest marsh mouse are house- from California [Mr. MILLER], and guished without being pompous, fair- hold names in my home, and I thank thank them for giving this opportunity minded without being neutral, and pa- him for that. triotic without being chauvinistic. I thank him for all that he has done to us to honor a great person who When we think of Don Edwards’ leg- for our community, and I think it is served in this Congress, indeed, a great islative achievements, we often think fitting that the schoolchildren who go American, Don Edwards. It is appro- of his work on the Judiciary Commit- to visit the wildlife refuge will know of priate that H.R. 1253 would rename the tee and especially his chairmanship of Don Edwards and know that that won- San Francisco Bay Wildlife Refuge the Constitutional Rights Subcommit- derful resource would not be there but after the dean of the California delega- tee. He was a man who could simulta- for this wonderful, honorable and fine tion, the former dean, Don Edwards. Heeding the admonition of the chair- neously champion the constitutional man’s diligent efforts. I thank you, man of the committee, I will be brief, rights of our most despised citizens, Don Edwards. I thank my colleagues, and I urge ev- Mr. Speaker, because indeed as you can while advocating strong punishment of eryone to support this wonderful bill. see, many of us from California in par- criminal behavior. We also think of his ticular but from all over the country work on international issues, and his b 1600 could speak all day about Don Ed- deep devotion to peace and an end to Mr. MILLER of California. Mr. wards. As I say, he loved the Constitu- the arms race and cold war. Speaker, I yield such time as he may tion, he loved this country, both in its But Don had another great love: the consume to the gentleman from Cali- ideas and its physical beauty as well. preservation of the wetlands and habi- fornia [Mr. STARK]. The chairman of the full committee tat of San Francisco Bay that had been Mr. STARK. Mr. Speaker, I want to went into detail about what the bill so affected by decades of development, thank the distinguished gentleman would do and why it was important for landfill, and pollution. He fought for from Alaska for joining in bringing that legislation to exist and this re- the creation of the San Francisco Bay this bill to the floor. It honors one of naming to take place. I just want to re- National Wildlife Refuge, and it is that the most wonderful persons ever to iterate one concept, that it is now the refuge that we seek to name for him serve in the House of Representatives. largest urban refuge in the United today. December 12, 1995 CONGRESSIONAL RECORD — HOUSE H 14281 Congress authorized the establish- consume to the gentleman from New Mr. Speaker, I reserve the balance of ment of a 23,000 acre national wildlife Mexico [Mr. RICHARDSON]. my time. refuge in south San Francisco Bay in (Mr. RICHARDSON asked and was Mr. MILLER of California. Mr. 1972. On October 28, 1988, President given permission to revise and extend Speaker, again, I want to thank the Reagan signed Public Law 100–556 au- his remarks.) gentleman from Alaska [Mr. YOUNG] thorizing the acquisition of an addi- Mr. RICHARDSON. Mr. Speaker, I for all his help and cooperation. tional 20,000 acres, for a total of 43,000 want to add to those who thought that Mr. Speaker, I have no further re- acres. The Fish and Wildlife Service Don Edwards was one of the finest indi- quests for time, and I yield back the has completed the environmental as- vidual Members ever to set foot in this balance of my time. sessment process for the refuge addi- House of Representatives; his decency, Mr. SAXTON. Mr. Speaker, in 1972, Con- tions, and work is underway to acquire compassion in many fields. I just think gressman Don Edwards sponsored legislation property for this regional resource. this is an important tribute. I want to to establish the San Francisco Bay National The objectives of the refuge are to congratulate the chairman and the Wildlife Refuge. In subsequent years, the Con- protect the wildlife resources of the ranking member for taking this action. gressman was successful in securing funds to south San Francisco Bay area, provide Mr. MILLER of California. Mr. acquire land for the refuge and to expand the wildlife-oriented recreation, and pre- Speaker, I yield myself such time as I boundaries of that unit. serve a natural area in close proximity may consume. The San Francisco Bay National Wildlife to a large urban center. The marshes, Mr. Speaker, in closing, I would just Refuge is more than 21,000 acres, it is a key mudflats, open water, and salt ponds like to say that those of us from the wintering area for diving ducks along the Pa- form an ecosystem which supports a bay area certainly believe that we cific flyway, and it supports hundreds of thou- rich diversity of fish and wildlife. It is honor our area by naming this grand sands of shorebirds. Furthermore, the refuge a major nesting and feeding area for refuge after Don Edwards, for all of his is comprised of valuable wetlands located waterfowl and shorebirds, hauling out work. around the bay and it is heavily visited by ground for the harbor seal and habitat We also believe, and I think those more than 250,000 people who enjoy its facili- for three endangered species. The ref- who had the pleasure of serving with ties each year. The San Francisco Bay Na- uge has more than 300,000 visitors an- Don and his wife Edie believe that we tional Wildlife Refuge is the largest urban ref- nually participating in the many op- honor our institution when we think of uge in the United States. portunities for fishing, animal and bird the grace and the courage that they H.R. 1253 was introduced by then Rep- observation, research and environ- both brought to public life, in their resentative Norm Mineta on March 15, 1995. mental education. combined service in and on behalf of so It was the subject of a subcommittee hearing This great bay area resources exists, many people who strongly needed the on May 25, and the sole purpose of this legis- in no small part, thanks to the tireless attention of the Government to help lation is to rename the refuge as the Don Ed- work of Don Edwards, and it is alto- make their lives better. People knew wards San Francisco Bay National Wildlife gether right and fitting that he be me- that you could always call on Don Ed- Refuge is recognition of the former Congress- morialized by having it named in his wards and on Edie to provide a voice, man's commitment and dedication to its suc- honor. Both those who were fortunate to provide support, to provide commit- cess. enough to have served with Don, and ment. Mr. Speaker, I support this bill. It is a fitting those who never got to know this con- So this is a very proud day for those tribute to a man who tirelessly worked for the summate legislator and statesman, pay of us who served with Don and Edie, good of this refuge for over 20 years. I urge tribute to a life of public service by and certainly those of us from the San an ``aye'' vote on H.R. 1253. voting to pass this legislation and, in Francisco Bay area and from Califor- Mr. YOUNG of Alaska. Mr. Speaker, I doing so, we help to honor this House nia, as we think we honor ourselves as have no further requests for time, and and our profession as legislators. an institution and Members of the in- I yield back the balance of my time. Mr. Speaker, I yield such time as he stitution and our region with this nam- The SPEAKER pro tempore. The may consume to the gentleman from ing. question is on the motion offered by Mississippi [Mr. MONTGOMERY]. Mr. Speaker, I reserve the balance of the gentleman from Alaska [Mr. Mr. MONTGOMERY. Mr. Speaker, I my time. YOUNG] that the House suspend the thank the gentleman for yielding me Mr. YOUNG of Alaska. Mr. Speaker, I rules and pass the bill, H.R. 1253. the time. I certainly want to congratu- yield myself such time as I may The question was taken; and (two- late the committee and certainly know consume. thirds having voted in favor thereof) this bill will pass with a unanimous Mr. Speaker, I can only echo what the rules were suspended and the bill vote in naming the San Francisco Bay has been said about Donny Edwards. He was passed. National Wildlife Refuge after Dan Ed- called me DONNY YOUNG, he was Donny A motion to reconsider was laid on wards, a great friend of ours. Edwards. In fact, I had an amendment the table. Mr. Speaker, I had the pleasure of to the bill. I was going to strike out f serving with Don Edwards for a number Edwards and put ‘‘Young’’ after ‘‘Don’’ of years. He was a wonderful Member, a in each one of them. I am confident GENERAL LEAVE fine friend of ours. He is enjoying life that would kill the bill for sure. Mr. YOUNG of Alaska. Mr. Speaker, I in traveling and visiting friends. But in reality, I would like to sug- ask unanimous consent that all Mem- Mr. Speaker, he was the vice chair- gest that he was an asset to this House bers have 5 legislative days to revise man of the House Committee on Veter- when he served, the time that he and extend their remarks and include ans’ Affairs when I was chairman of served with distinction. I know this extraneous material on the bill just this great committee. He was a person area, being from California, and being passed. easy to work with. In fact he could much wiser in going to Alaska. I recog- The SPEAKER pro tempore. Is there have been the chairman of the Veter- nize the importance of this area. objection to the request of the gen- ans Affairs Committee but he had to This is a tribute to Mr. Edwards and tleman from Alaska? take another committee assignment. his support. Maybe someday after I There was no objection. I wish that sometime that we could have left this great House, they will be f name something else for Don Edwards able to take and name the refuge after in the veterans’ field, because he was me. NATIONAL PARK AND NATIONAL very supportive of all veterans’ pro- Just keep that in mind, my fellow WILDLIFE REFUGE SYSTEMS grams. I am proud to have had the colleagues. FREEDOM ACT OF 1995 privilege of working with him, so I con- I again want to express my support Mr. YOUNG of Alaska. Mr. Speaker, I gratulate the committee, and I rise in for this legislation in recognition of a move to suspend the rules and pass the strong support for naming this refuge good friend that left here. Although he bill (H.R. 2677) to require the Secretary the Don Edwards San Francisco Bay and I were not many times on the same of the Interior to accept from a State National Wildlife Refuge. sides of issues, he was a gentleman and donations of services of State employ- Mr. MILLER of California. Mr. indeed he brought a great deal of re- ees to perform, in a period of Govern- Speaker, I yield such time as he may spect to this House. ment budgetary shutdown, otherwise H 14282 CONGRESSIONAL RECORD — HOUSE December 12, 1995 authorized functions in any unit of the this has occurred. In the process it sult, the standard liability rules will National Wildlife Refuge System or the locked out thousands of visitors who apply. By the way, when was the last National Park System, as amended. had paid for the parks and paid for the time there was any lawsuit against the The Clerk read as follows: refuges, hundreds that had paid for the Federal Government in a refuge or a H.R. 2677 refuges, supported by the hunters, fish- park? I hope someone will answer that. Be it enacted by the Senate and House of Rep- ermen, and bird watchers seeking to I cannot remember it, nor have I seen resentatives of the United States of America in enjoy our parks and refuges, by an ac- it; in fact, if it occurs, it does come to Congress assembled, tion of the Secretary of the Interior, by my mind maybe we ought to put some- SECTION 1. SHORT TITLE. in fact saying the nonessential workers thing else on the endangered species, This Act may be cited as the ‘‘National had to go home so we had to shut it and that would possibly be the legal Park and National Wildlife Refuge Systems down. If they were nonessential then, profession. Freedom Act of 1995’’. what are they today? We will hear from some in the minor- SEC. 2. REQUIREMENT FOR SECRETARY OF THE To prevent the closure of the Grand ity who are concerned about the expe- INTERIOR TO ACCEPT STATE DONA- Canyon National Park, Arizona Gov- dited process or procedures used to TIONS OF STATE EMPLOYEE SERV- ICES. ernor Fife Symington made a common- bring this bill to the floor today. I do (a) REQUIREMENT.—Notwithstanding sec- sense proposal which would have al- have some sympathy with that. The tion 1342 of title 31, United States Code, the lowed the park to operate during a full Committee on Resources held a 21⁄2 Secretary shall accept from any State dona- shutdown with State employees. Unfor- hour hearing on this bill about last tions of services of qualified State employees tunately, the proposal was rejected by week with the minority members par- to perform in a Unit, in a period of Govern- the Interior Department. So visitors ticipating very actively. Because of the ment budgetary shutdown, functions other- from around the world and across the sense of urgency involved to get this wise authorized to be performed by Depart- ment of Interior personnel. country who came to see the Grand bill to the House and Senate before a (b) LIMITATIONS.—An employee of a State Canyon were locked out. possible, and I say possible, Govern- may perform functions under this section b 1615 ment shutdown in 4 days, it is impera- only within areas of a Unit that are located tive this bill be on the floor no later in the State. Arizona was not alone in its effort to than today. As a result, no markup was (c) EXCLUSION FROM TREATMENT AS FED- keep Federal lands open to the public. held. ERAL EMPLOYEES.—A State employee who As the gentlewoman from Arkansas Under the rules, we can bring the performs functions under this section shall will soon tell you, her State and Mis- bills to the floor and allow our States not be treated as a Federal employee for pur- sissippi had an agreement with the re- to keep the parks and refuges open and poses of any Federal law relating to pay or gional director of Fish and Wildlife to require the expedited process to be benefits for Federal employees. operate certain refuges during the (d) ANTI-DEFICIENCY ACT NOT APPLICA- used. shutdown. BLE.—Section 1341(a) of title 31, United The bill has bipartisan support. It States Code, shall not apply with respect to I want to stress this, refuges are has been endorsed by the Western Gov- the acceptance of services of, and the per- managed by the States today, under ernors’ Association, which passed a res- formance of functions by, qualified State the agreement with the Department of olution of support. It is also supported employees under this section. the Interior. But this agreement was by the Congressional Sportsmen’s Cau- (e) DEFINITIONS.—In the section— rejected by the department’s lawyers cus. (1) the term ‘‘Government budgetary shut- in the District of Columbia under the This is a commonsense proposal to down’’ means a period during which there direction of Secretary Babbitt. are no amounts available for the operation of help prevent our constituents from the National Wildlife Refuge System and the In a bipartisan effort to help States being locked out of parks and refuges National Park System, because of— in an effort to keep the national parks during future Government shutdowns. (A) a failure to enact an annual appropria- and refuges open during the Govern- I urge my colleagues to support this tions bill for the period for the Department ment shutdown, I introduced H.R. 2677, legislation. of the Interior; and the National Parks and National Wild- Mr. Speaker, if I may say, this bill (B) a failure to enact a bill (or joint resolu- life System Freedom Act; this bill would not be necessary if this Sec- tion) continuing the availability of appro- merely requires the Interior Depart- retary of the Interior had acted accord- priations for the Department of the Interior ment to accept, not require, but for for a temporary period pending the enact- ingly. Yes, sometimes we have shut ment of such an annual appropriations bill; them to accept the services of qualified down our monuments. Yes, we have (2) the term ‘‘Secretary’’ means the Sec- State employees to operate parks and shut down some of our parks. When a retary of the Interior; and refuges during a Government shut- Governor steps forward and says be- (3) the term ‘‘Unit’’ means a unit of— down. My bill is very similar to H.R. cause of the State activity because of (A) the National Wildlife Refuge System, 2706, introduced by the gentlewoman the deadlock between the President or from Arkansas [Mrs. LINCOLN], which and the Congress, let us have the op- (B) the National Park System. limited itself to continuing hunting portunity, but more offensive to me is The SPEAKER pro tempore. Pursu- programs on refuges. This bill has no when a State now has the authority to ant to the rule, the gentleman from budget impact, since the States would manage fish and wildlife on a refuge to Alaska [Mr. YOUNG] and the gentleman be supplying funds to operate the parks have one person, one person to say all from California [Mr. MILLER] each will and refuges. nonessential employees go home, we be recognized for 20 minutes. Moreover, this bill is voluntary for are going to shut down these refuges The Chair recognizes the gentleman the States. States do not have to do regardless of what the State has done from Alaska [Mr. YOUNG]. this. This is not a requirement. But in the past. This legislation is vol- Mr. YOUNG of Alaska. Mr. Speaker, I when a State steps forward and says, untary. It just requires the Secretary yield myself such time as I may ‘‘Yes, we can, in the case of a shut- to accept a proposal from the State of- consume. down,’’ when the Secretary for the first ficial as is offered to the Secretary of (Mr. YOUNG of Alaska asked and was time in history shut down refuges, the Interior. given permission to revise and extend when a State comes forward and says, Mr. Speaker, I reserve the balance of his remarks.) ‘‘We will because we already set the my time. Mr. YOUNG of Alaska. Mr. Speaker, bag limit, we already set the take, we Mr. MILLER of California. Mr. it is unfortunate this legislation has to already set the season, we already set Speaker, I yield such time as he may be on the floor, and I say has to be on the species. We will operate these ref- consume to the gentleman from New the floor today. uges.’’ Mexico [Mr. RICHARDSON]. Mr. Speaker, last month’s partial The bill does not address the issues of (Mr. RICHARDSON asked and was Government shutdown effectively liability, which you will hear later. given permission to revise and extend closed the entire National Park Sys- The State employees are stepping into his remarks.) tem and the National Wildlife Refuge the shoes of Federal employees of al- Mr. RICHARDSON. Mr. Speaker, I System. For the first time in the his- lowing our States who normally oper- oppose this bill, and as the chairman tory that I can remember, in 24 years, ate the parks and refuges, and, as a re- knows, I have given him some support December 12, 1995 CONGRESSIONAL RECORD — HOUSE H 14283 lately, but not this time. This is a bad the Congress to strip the Interior ap- It is poorly attended, poorly managed, bill. propriations bill from the unnecessary poorly visited. Mr. Speaker, why do thousands of riders so the President can sign the All we are saying, though, if, in fact, Americans visit our national parks bill. Only then will the employees of this would happen again, there can be every year? The answer is because they the National Park Service be able to differences of opinion between the Con- appreciate and treasure our parks. Last use their expertise to properly manage gress of the United States and the year 270,000 Americans came to our our parks and keep them open. President of the United States. But no parks. And why do those thousands of Mr. Speaker, let us look at some of Secretary of the Interior should de- Americans appreciate our parks? The the attributes in this bill, one of the prive any taxpayer the ability to visit reason is because they are successfully provisions. While one Governor is eager that which he paid for because they managed. to assume management of certain na- have decided by the will and whim of Mr. YOUNG of Alaska. Mr. Speaker, tional parks, most State park systems any one individual that they are going will the gentleman yield? are facing severe budget shortfalls. to shut it down. In fact, they shut Mr. RICHARDSON. I yield to the Even on a temporary basis, assuming down concessionaire stands on the gentleman from Alaska. management of national parks could Smokey Ridge over here. They shut Mr. YOUNG of Alaska. I want to cor- cripple State park systems as the ad- them down when the concessionaires rect a statement. You said, 270,000? ministration testified. themselves had a binding contract. Mr. RICHARDSON. That is correct, This bill leaves many management They had people come in and said, 270 million. and liability questions unaddressed. ‘‘You will shut down.’’ It was Gestapo Mr. YOUNG of Alaska. There you go, Loose ends could jeopardize visitor tactics from the very get go. 270 million. safety, impair resource protection, This bill will stop the Secretary and Mr. RICHARDSON. I thank the gen- which in the long run would likely cre- this administration when the State tleman. ate more problems than the bill seeks says, ‘‘We can do it, we will do it, we This just reinforces my point. Why is to solve. This proposed transfer which I will pay for it. We are liable, and we the park so successfully managed? And understand is temporary, is consistent are going to keep it open for the Amer- the reason is because we have trained with the long-term agenda of some who ican people.’’ and experienced employees of the Na- have advocated giving management au- Mr. Speaker, I yield such time as he tional Park Service who dedicate their thority of public lands to State and may consume to the gentleman from lives to maintaining our parks. local entities. This is a principle em- New Jersey [Mr. SAXTON]. Mr. SAXTON. Mr. Speaker, as an So why are we here considering a bill bodied in H.R. 260, a bill to create a na- original cosponsor of H.R. 2677, I am which would entrust our parks to indi- tional parks closure commission. pleased that the House is having an op- viduals who do not have the training or There are nationally significant re- portunity to debate the merits of the the skills necessary to manage a na- sources which should not be managed National Parks and National Wildlife tional park? Because some, and I will on an ad hoc basis in times of budg- not say everyone on the other side, are Refuge Systems Freedom Act. etary pressure. Since coming to Congress in 1984, I rushing legislation to draw attention Last, here are some alternatives. have proudly represented New Jersey’s away from the fact that they are plan- What do we do about H.R. 2677 as alter- Third Congressional District, which in- ning to force another Government natives? Why do not we all work with cludes the 40,000 acres of the Edwin B. shutdown. the administration to reclassify as es- Forsythe National Wildlife Refuge. Mr. Speaker, this bill is well inten- sential those National Park Service This refuge, which is predominantly tioned. But it is going to leave our employees necessary to ensure normal an estuarine marsh habitat, is one of parks in the hands of individuals who operations at all of our 369 national the finest in our Nation, and over the lack training, who lack experience, park areas? Why do we not pass a years the size of this refuge has in- lack the day-to-day knowledge of how short-term continuing resolution to creased because of broad public sup- to run our parks. fund the Department of Interior until port. Men and women in my district I have just as many hunters and fish- after New Year’s Day, and last, break have provided the financial resources ermen as my colleague does, and I have the current impasse, take those riders to protect this barrier island eco- not heard from them about the neces- out, and enact H.R. 1977 as we usually system and to acquire the upland for- sity of this dramatic legislation that do, the Interior appropriations bill for est and fields that have enhanced the we are considering today. Temporary fiscal year 1996? biodiversity of the refuge. In addition, State employees who may work hard in My chairman has been on a roll on thousands of my constituents have en- other areas of expertise are simply not some good bills lately, but on this one joyed hunting and fishing on lands that going to possess the knowledge of na- he is not on a roll, and I would urge de- comprise the Edwin B. Forsythe Na- tional park regulations and manage- feat of this bill. tional Wildlife Refuge for generations. ment policies necessary to safely main- Mr. YOUNG of Alaska. Mr. Speaker, I Tuesday, November 14, was a bad day tain our parks. yield myself such time as I may for America and for every person who The bill also raises many questions, consume. wanted to visit a national park or na- such as who is going to accept liability I may suggest one thing. The Presi- tional wildlife refuge unit. While my for any accidents or damage to the dent will have a chance to sign an ap- preference would be to complete action parks? The fact is this bill is being propriation bill very soon this week. If on an appropriations bill for the De- brought under suspension without the he vetoes that bill, that means that the partment of the Interior, there must be apparent approval of the ranking mem- parks will not be open. By the way, I a fail-safe or stop-gap procedure in ber, the gentleman from California say this, this has not happened before. place to avoid another public lands [Mr. MILLER], and without properly Yes, in some of the monuments, and meltdown. going through the legislative process. the refuges are what really concern me In my judgment, it was ludicrous Unless the other side has proof of mis- the most when the State manages that the Department of the Interior management within the National Park them. This is an example of this ad- was unable or unwilling to accept the Service, then there really is not any ministration, the arrogance of this ad- offer of Governor Symington to keep reason to fix what is not broken. ministration, mismanaging the parks the Grand Canyon open by using State It is also interesting to see some of that the taxpayers pay for. National Guard troops. my colleagues who have been pushing As far as who can do it and who can- Mr. Speaker, this was just one exam- for a park closure commission now all not do it, I will put up any State park ple of where various State officials ex- of a sudden wanting to try to keep against the Federal parks right now pressed willingness to operate our Na- them open. and how they are run. In fact, in Cali- tional Parks and Refuges with State Mr. Speaker, the bottom line is that fornia the one park that is being run employees. Sadly, these offers were re- this is a bad exercise and a bad excuse right is the Redwoods State Park in jected. to shut down the Government. The California, not the National Redwood H.R. 2677 would provide a fail-safe only way to keep our parks open is for Park we made at a cost of $1.4 billion. measure and it would help to ensure H 14284 CONGRESSIONAL RECORD — HOUSE December 12, 1995 that the gates to the Edwin B. For- I believe that shutting down the Gov- Well, if we do not pass the measure, sythe are never again padlocked and ernment is a poor way of running a it has profound impacts. There is not shut in the faces of those Americans government or business. Americans the funding available under the Con- who paid for these lands with their who pay their taxes and play by the stitution to in fact fund these func- hard-earned tax dollars. rules should expect their Federal Gov- tions of Government. Now, I am a little Mr. Speaker, I urge an ‘‘aye’’ vote on ernment to function properly and per- confused today, because in this in- the National Parks and National Wild- form services that people rely on. They stance, the new majority, the Repub- life Refuge Systems Freedom Act. shouldn’t be punished for Congress’ in- licans, are attempting to cover up and b 1630 ability to conduct its housekeeping smooth over the problems that the chores. This bill only takes care of a parks and the wildlife refuges are not Mr. MILLER of California. Mr. small portion of the impacts arising open under the funding lapse and we Speaker, I yield 3 minutes to the gen- from a Federal Government shutdown. will not be able to hunt in them. As a tlewoman from Arkansas [Mrs. LIN- However, this approach makes sense hunter, I am sure that I would be con- COLN]. (Mrs. LINCOLN asked and was given because there are currently such ar- cerned if I had that tag for that deer in permission to revise and extend her re- rangements where the States manage Arkansas. I would want to participate marks.) Federal lands and historically, the Fed- and hunt. I understand that particular Mrs. LINCOLN. Mr. Speaker, I thank eral and State governments work problem. the gentleman for yielding me time. closely together in setting hunting sea- But, on the other hand, they want to Mr. Speaker, today I rise to support sons. smooth over that problem, but later the purposes behind H.R. 2677. What we I understand that we need to move today, under the debt ceiling legisla- experienced in November is not a new quickly to resolve these issues if we are tion that is to be passed, they want to phenomenon and there should be a set facing another potential shutdown on shut the Government down completely. contingency arrangement for the man- December 15. As I believe that there They want to force Secretary Rubin agement of our natural resources are still outstanding issues that need into relinquishing borrowing authority should the doors of the Federal Govern- to be resolved to ensure safety and the that he lawfully exercises. ment again close due to the lack of ap- protection of our natural resources, I I am confused. What do you want? Do propriated funds. look forward to working with the you want to shut the Government down I have been involved in the issue be- chairman, the Senate, the Fish and or do you want to keep it open? The cause, when the Government shut its Wildlife Service and the Arkansas fact of the matter is you could answer doors in November, many of my con- Game and Fish Commission on this this particular problem for this park stituents were refused entrance into issue and urge my colleagues to sup- and hunting issue by stripping out all the wildlife refuges for a prescheduled port this bill. the extraneous riders from the Interior deer hunt. Mr. YOUNG of Alaska. Mr. Speaker, I appropriation, the special interest pro- Hunting is one of Arkansas’ favorite yield 1 minute to the gentleman from visions for the mining industry, for the family pastimes. People take time off California [Mr. RADANOVICH]. grazing industry, taking out the rules work and families plan vacations Mr. RADANOVICH. Mr. Speaker, I and regulations and the Tongass tim- around hunting trips. Prior to the re- thank the gentleman for yielding me ber issues in southeast Alaska, which cent shutdown, refuge managers had time. are holding that bill up, and send it to scheduled deer hunts at two Arkansas Mr. Speaker, I represent the 19th Dis- the President without that con- refuges. Hunters in my district went trict in California, and in that district troversy, come to a compromise and through an extremely competitive per- is included Yosemite National Park, pass and enact it. mit process, paid $12.50 for each permit, Kings and Sequoia National Parks. I You have not done that yet. The took days off from work, drove up to 6 understand the magnitude of balancing G.O.P. hasn’t taken step one. That is hours, only to be turned away at the a budget and coming to shutdowns and the reason we are here, nearly 3 gates of the refuges. Needless to say, agreements, where we have really got months after the date this bill should the budget crisis in Washington was to get our act together fiscally and have been enacted. It is not enacted, not of their choosing and they were not budgetarily. and now, we are going to go through happy about the results. What I do not agree with is when in- this hokey process of trying to suggest Weeks before the actual shutdown, nocent citizens are caught in the way that everything will really run just as the Fish and Wildlife Service worked of a government shutdown, such as the it is supposed to without funding, be- with the Arkansas Game and Fish communities of Oakhurst, Aubury, cause we can enlist the States to run Commission on an agreement to allow Three Rivers, and Mariposa, those com- the parks and the wildlife refuges and State employees to volunteer their munities whose interests depend heav- you can go hunting if you want to, be- services on the Federal wildlife ref- ily on tourism generated by these na- cause the Governor from Arizona, for uges. This agreement was signed and tional parks. It is for that reason that example, is going to be able to operate ready to implement in the event of a I support this bill. the park or the refuge. Federal Government shutdown. How- Those involved in government, those What happens when someone gets in ever, days before the actual shutdown, that hang their hat on government, the Colorado River and they are on the the Interior Department determined government employees, this body, wrong side and the Governor from Utah that this agreement violated the those people are the ones that should is not involved with his personnel? Antideficiency Act and would not be suffer the consequences of a Federal This bill does not make it possible to allowed to go into effect. Government unable to function and un- respond. This bill does not work. You I introduced a more narrow bill to re- able to come to agreements on a 7-year have not answered the anti-deficiency flect a more concise arrangement be- balanced budget scored by CBO; not questions. You have waived that law. tween the Fish and Wildlife Service people in small communities whose You are fundamentally undercutting and the Arkansas Game and Fish Com- economies thrive on open national the authority and the ability of Con- mission. My bill would mandate a prior parks. It is for that reason I support gress in terms of controlling the purse agreement between the Federal and this bill. strings. State governments before the State Mr. MILLER of California. Mr. Is that really what this Congress could take over the management of Speaker, I yield 4 minutes to the gen- wants to do? I understand the good in- hunting on wildlife refuges. The agree- tleman from Minnesota [Mr. VENTO]. tention and the practical problems ment mandated in my bill would en- Mr. VENTO. Mr. Speaker, I rise in that some of my colleagues are having, sure that State employees volunteering opposition to this bill. It is an innocent but that just underlines the impor- their services had proper safety train- sounding bill. Why can we not do some- tance of funding. We ought to keep the ing, knowledge of the terrain, knowl- thing like leave the parks and the wild- pressure on to pass the Interior appro- edge of and adherence to Federal regu- life refuges open when we do not pass priation bill. We ought not to use this lations, and ability to protect individ- the appropriation measure and have as just one more opportunity to gratu- uals and the natural resources. them signed into law. itously beat up on Federal employees, December 12, 1995 CONGRESSIONAL RECORD — HOUSE H 14285 on Park Service employees, on the had plans and had left for their dis- ing the management authority and des- rangers and stewards of these public tricts. There was no markup session ignation of parks, H.R. 260. Now we are lands, such as I heard at last week’s and we have had no opportunity to about to back into an ad hoc assump- hearing. offer amendments or refine the meas- tion by States of selected National The issue H.R. 2677 had one day of ure. Such a process makes a mockery Park management, especially parks hearing, after little notice with regard of the legislative process. In addition, that would not even be considered for a to it, and suggesting we have over 400 by pushing this bill through without change of management. park personnel in the Grand Canyon to proper deliberation, the new majority This year our Committee on Re- operate it. The entire State of Arizona seems to imply that government shut- sources has repeatedly held hearings has 200 Park Service employees. How downs will be the norm. The Congress, and heard proposals to strip National are they going to run the Grand Can- rather than placing a band aid on the Park designation from our parks. Be- yon? Not very well, I am afraid. The problem, ought to be busy working to yond these events, repeated proposals suggestion then is that we do not need avert the injury by enacting the regu- have been introduced to force the Fed- those 400 Federal employees to operate lar appropriation measure or if we fail eral Government to transfer public do- the Grand Canyon, that somehow they in that, a continuing resolution to main lands or prevent the Federal Gov- are not doing their job or any State avert the problem. ernment from asserting its rights as re- could do this and we do not need the Are we going to have to enact a se- gards such Federal lands. Federal Government. ries of separate measures for all Fed- Repeatedly as the issues are raised That is what this is all about. This is eral programs short of funds, for Social and become instantly controversial, just a political game, a charade we are Security claims to be processed, and the Republican majority denies any in- playing here, with I think a very im- another for passport services, and volvement. But just the reading of the portant issue, the budget, and some- many others until we have hundreds of hearing record from this measure re- thing very dear to the hearts of the laws for every possible contingency re- flects the radical and extreme views es- American people, our parks and wild- sulting from preventable Federal shut- poused by my colleagues. It is the true life refugees. This bill actually creates downs? We could replicate the entire and factual source of many of these as- more problems than it solves. It re- Federal code for funding shortfalls and sertions that engender such serious minds me of my experience of being contract out the services to the States concern. pushed off a deep drop off in a lake by in toto. Mr. Speaker, our Nation faces Mr. Speaker, this bill solves no prob- a friend who then prevented my drown- serious budget constraints, declining lem. In fact, it is a detour on the path ing and was hailed a hero. Thanks, but incomes and security for working peo- to a solution. It needlessly distracts no thanks with that swimming experi- ple, and many grave concerns. This and is harmful to the interests and pre- ence or this legislation. measure, H.R. 2677, is make-work legis- rogatives of Congress. It is certain to The Republican leadership is advanc- lating, creating additional problems raise yet more controversy and mis- ing this bill, H.R. 2677, as a solution to just so we can solve them with bills understandings. H.R. 2677 is a waste of a self-imposed problem due to skewed like the one before us today. I urge the energy and time when we should be re- priorities. The Interior appropriations defeat of H.R. 2677. We should reaffirm solving our problems of appropriations, bill still is not approved 10 weeks after our support for a host of laws already not concocting schemes to shroud them the start of the fiscal year, hence no on the books. within. This lack of funding cannot be funding for the park and wildlife refuge This measure, beyond the misguided wished away or solved without real operation. If the Republican majority and misdirected congressional focus, funding. Let’s defeat this bill and get had done its job and drafted a sound could have profound impact on the leg- back to work. appropriation measure without give- islative branch of the Federal Govern- Mr. YOUNG of Alaska. Mr. Speaker, I aways to the grazing, timber and min- ment. H.R. 2677 provides a blueprint yield 3 minutes to the gentleman from ing industries, with funds for essential and an engraved invitation for the ex- Arizona [Mr. SHADEGG]. programs we would not be in this crisis ecutive to sidestep congressional au- Mr. SHADEGG. Mr. Speaker, I thank situation without funding to keep our thority to control spending, the purse the gentleman for yielding me this national parks and refuges open during strings, and the land use policy of the time. a Federal shutdown and we would not Federal Government. Ironically, Con- Mr. Speaker, I rise in strong support be considering H.R. 2677 today. Just gress has always been very careful to of H.R. 2677. It seems to me this is a symbolically opening the Washington guard land use policy as well, avoiding common sense bill that the American Monument or Grand Canyon won’t the frequent requests for administra- people are crying out for and we hear solve the budget problem. tive flexibility. Congress and its com- such silliness here on the floor. The Not only should this bill be unneces- mittees have properly asserted an ef- National Parks and National Wildlife sary, it fails to address many practical fective role in land use questions and Refuge System Freedom Act of 1995 ad- issues. I do not question the good in- most certainly in the designation and dressed a simple problem, but a prob- tentions of most States or the sincer- operation of our crown jewels, the park lem that can be very severe. ity of State employees who are willing units. In my State of Arizona, during the to do what they can in a difficult situa- This measure, H.R. 2677, undercuts last shutdown, we had a tragedy, actu- tion; however, managing the Washing- and weakens congressional control of ally we had many tragedies. People ton Monument, Yellowstone, Grand the funding and budget control. In who make their livelihood off the na- Canyon or any of our parks requires ex- weeks past, the Republican majority tional park were devastated. People pertise that cannot be acquired on an has loudly protested Secretary of would who wanted to visit one of the 7 ad hoc, emergency basis. I was Chair- Treasury Rubin’s authority to borrow Wonders of the World, the Grand Can- man of the Subcommittee on National and finance from specific accounts to yon, were told they could not do so. Parks, Forests and Public Lands for 10 avert default and expand the debt ceil- And why were they told that? They years and certainly I would like to see ing borrowing capacity of the Federal were told that because the premise is the parks open for people to enjoy. Government. My question is what way that unless you have a Federal em- However, when our National Parks are do you want it? Do you want to take ployee employed by the Federal Gov- open, the public and common sense de- away the power of the executive branch ernment standing at your side, you mand that we ensure adequate public on debt ceiling and existing borrowing cannot enjoy, indeed, the Federal Gov- safety and adequate protection of the authority or expand the ability of the ernment will prohibit you from enjoy- natural and cultural resources within executive to avoid the shutdown of the ing the grandeur of the Grand Canyon. the unit. H.R. 2677 guarantees neither. Federal non-exempt entities? There is nothing more absurd in my Mr. Speaker, this bill is a shining ex- Congress is moving onto a slippery lifetime than that notion. The shut- ample of what is wrong with the 104th slope when it begins to move land use down of the Grand Canyon National Congress. The Resources Committee functions to the States. Frankly, this Park was itself politics that hurt the held one hearing on two bills, on short Congress has just defeated studies, pol- American people. At no time in the his- notice last Friday when most Members icy measures, even to consider chang- tory of this Nation should politics or H 14286 CONGRESSIONAL RECORD — HOUSE December 12, 1995 political posturing be allowed to injure lation which would allow State em- publican leadership to take their re- the American people as they did in ployees to replace Federal employees sponsibilities seriously. Do not shut that shutdown. during any future Government shut- down Government. Yet let me bring you a statistic. In downs. BOB DOLE said we ought not to do it, the 32 times that the Government has While I hope the Republican leader- and he is right. And it will take 5 sec- shut down in the last 2 decades, the Na- ship will not force us into another onds. A unanimous consent to do a con- tional Park Service has not once told a shutdown, I ask that they stop pretend- tinuing resolution to continue the in- private concessionaire that it had to ing that shutdowns affect only those existence continuing resolution offered leech the park. Now, ask yourself why programs you do not like. If we like by the Republican leadership just days did it do it this time? Why did the Gov- them, well, we ought to fund them. If ago and say that it will go until Janu- ernment insist that this time conces- we do not like them, clearly the State ary 26 or 30. Five seconds and this prob- sionaires in private parks must leave officials in Arizona were concerned lem would be eliminated. the park? I submit to you it was politi- about the impact of the closure of the Why does it exist? Political postur- cal posturing. Grand Canyon. I think all of us would ing. When we asked in the hearing held agree with that. Mr. YOUNG of Alaska. Mr. Speaker, I On a lesser scale, officials in my own last Friday the Federal Department of yield myself such time as I may State were concerned about the impact Interior officials the answer to that, consume, before I yield to the gen- of closure of Green Belt National Park, their answer was a fascinating one. It tleman from Arizona, to say that we was that well, if the shutdown had Catoctin Mountain Park, Fort McHenry and the Smithsonian, which have just heard one of the most par- lasted only 2 days, one could fudge the tisan presentations for a subject the Anti-deficiency Act. But if it lasted 3 had an obvious impact on tourism in the Maryland suburbs. The Speaker gentleman knows nothing about. days, one could not. It is very, very disturbing to me that Now, I asked them to find and their and the leadership would like the American people to think that these before this, this was a debate about ref- lawyers to find the language in the uges and parks and the ability to keep Anti-deficiency Act which says you can national assets can keep going even while they close down the Government, them open to the taxpayer. And it dis- fudge a shutdown for 2 or 3 days, but turbs me, as I have said before, that I you cannot fudge it for 3 or 4 days. the parts they do not like. Last week in the Subcommittee on have been here long enough to remem- They could not do it. ber before we had these television cam- There is a tragedy here, a tragedy of Civil Service, Social Security Commis- eras. If Members want to play the tele- arrogance, arrogance at the Federal sioner Chater was questioned about vision, that is fine, but we are trying level. The notion which we have heard why she did not retain more employees to solve a problem. on the floor today that the American to keep critical services moving ahead. people should be denied the right and My Republican friends must learn you Mr. Speaker, I yield 2 minutes to the visitors from across this Nation and cannot have it both ways. You cannot gentleman from Arizona [Mr. HADEGG]. visitors from around this world who deliberately shut down the Govern- S have traveled thousands of miles to ment and then use backdoor methods Mr. SHADEGG. Mr. Speaker, I sim- visit the Grand Canyon, indeed, one of to keep open agencies in operation that ply want to briefly respond to the re- the 7 Wonders of the World, should be happen to be especially popular. marks we have just heard. The notion In addition to raising a number of se- sent away because a Federal bureau- that is posited here that this is a one- rious legal and management questions, crat is not there to stand beside them sided problem, that, indeed, only one this legislation is yet another attack as they stand at Mather Point and try party can be blamed for the budgetary on Federal workers. While many of our to absorb the beauty of the Grand Can- impasse that we have before the Nation parks rely on volunteer help, it is out- right now, nothing could be further yon. rageous to suggest that State workers The Governor of my State, Governor from the truth. with many other duties to fulfill can Symington, came forward with a sim- The simple truth lies in the words instantly qualify to manage our parks ple, common sense idea. He said while which were used. Pass a bill the Presi- and national wildlife refuges. dent can accept. It is a simple propo- you all posture in Washington, let me The Patuxent Wildlife Research Cen- in the State of Arizona run that park. sition. No measure passes this Congress ter in my district is renowned for its without the votes to pass it, but it does I take great umbrage at the words said work with endangered species. I do not on this floor moments ago that the not become law until the President believe any volunteer, frankly, without also signs. The budget impasse we face State of Arizona could not run the training could come in and operate it. park well because it has only 200 em- today is of equal burden and falls upon If the leadership is serious about keep- both parties. ployees. Such arrogance at the Federal ing our parks open, if the leadership is I have a discussion with my staffers level is offensive. This bill should pass. serious about keeping our parks open, when I hire them. There are two kinds I urge my colleagues to support it. they ought to do what they should of people in the world, those who look Mr. MILLER of California. Mr. have done by October 1, pass the appro- for ways to solve problems and those Speaker, I yield 4 minutes to the gen- priation bills that the President can who look for excuses why they cannot tleman from Maryland [Mr. HOYER]. accept. If the Republicans are serious be solved. What we have heard today is Mr. HOYER. Mr. Speaker, I thank about keeping Social Security func- that there is an acknowledged problem. the gentleman for yielding me time. tioning, they ought to pass a Labor- We have a budget impasse. The other The previous speaker, of course, Health appropriations measure that side of the aisle says here are excuses talks about arrogance, he talks about the President can sign. posturing, he talks about politics. In 5 Today is December 12 and the leader- why we cannot solve the problem. Our seconds we could preclude all of that ship has not even brought a bill to the side says we can find a solution. This happening by a simple continuing reso- floor in the Senate on this issue. Some bill is the solution. lution that says the Republican leader- 50,000 employees, they are not national I simply want to add a dimension of ship has not been able to do the job of parks, but they are people who need the problem. This is a letter written by passing appropriation bills. But we will programs to make sure that they have Susan Morley of Flagstaff, Arizona. It pass a continuing resolution. housing, make sure that they can eat, details how her husband died in 1992 of We did it very briefly when you de- make sure their kids can get Head cancer at the age of 41. He asked his cided it was time to do it. We did it Start programs and other things that ashes to distributed at Ribbon Falls in very briefly the time before that when may not be as important as seeing the the Grand Canyon, and then there was you decided to do it. This whole busi- 7th Wonder of the World, but they are scheduled this year a family reunion of ness of shutting down parks and any- important to some. their entire family from across the Na- thing else is political posturing. I tion to visit Ribbon Falls in his mem- called it terrorist tactics, as you may b 1645 ory. They were denied the right to do recall, previously. The fact of the mat- I urge the House to reject this meas- that, and she details in here her 13- ter is I rise in opposition to this legis- ure and keep the pressure on the Re- year-old crying because she could not December 12, 1995 CONGRESSIONAL RECORD — HOUSE H 14287 go to Ribbon Falls to celebrate her fa- and parks, and tell me that is not po- whether they were trying to bury their ther’s passing and his memory because litical. family in veterans cemeteries or at of the Federal Government shutdown. When Secretary Babbitt will run Ribbon Falls. But that happened for a There is a way to solve this problem down and campaign in every district single reason; because the Republican and not to look for excuses. It is in this that has a Republican, and he has done majority in this House failed to meet bill. I urge its passage. that, and I have that documented, that the mandates of the laws. It is just Mr. MILLER of California. Mr. is politics. I am tired of politics on this that simple. It is just that simple. Speaker, I yield 1 minute to the gen- floor. I want to keep the parks open If the budget talks collapse tomorrow tleman from Maryland [Mr. HOYER]. and the refuges open, because that is or the next day or next year, if the Re- Mr. HOYER. Mr. Speaker, I thank the taxpayer’s right. publicans pass the appropriations bill, the gentleman for yielding. If my colleagues want to play poli- then those people will not be dis- My purpose was not to be partisan in tics, we will play politics. But let us appointed and those people will not be presentation, as is alleged by the chair- leave this part of it out. This is for the punished who are employees and those man, my good friend, the chairman of parks and the refuges. who wish to take advantage of the the committee. My purpose was to say Mr. MILLER of California. Mr. services of the Federal Government. So that there is a very simple way to get Speaker, I yield myself such time as I they have cooked up this bill. They out of this perceived problem, and that may consume. have cooked up this bill to cover this is to say, yes, we have differences, they Mr. Speaker, the Grand Canyon was trail. This is dragging the tree limbs are substantive differences, and we are not closed because of the failure of the behind the horse so maybe the people debating them, and we will go on de- budgetary process. the Grand Canyon who are following this will not know bating them for probably weeks to was closed because the Republican where they are going. They know ex- come because there is substantial dis- party, which numbers 234 in this House, actly where they are going. agreement within your party and be- has not passed an appropriations bill The Republicans are planning to shut tween the President and the Congress. for the Department of the Interior. And down the Government again. They are The simple way to do it is to say we do the fact of the matter is, that bill was anticipating it, which suggests maybe not intend to shut down the parks or to be passed on October 1 and it is De- the good faith bargaining everybody other aspects of Government. The fact cember 12 and it still has not passed. talks about is not taking place, and at of the matter is, we are going to oper- They brought it to the House twice and the same time they are trying to cover ate Government while we debate these it was rejected on a bipartisan basis, up for the mistakes they made in the issues. overwhelmingly rejected because of its past. They were so excited to shut I would say to the gentleman that extreme nature. down the Federal Government, they that was my point. I think it is a valid The Republicans are looking for did it prematurely. They did it before point on this bill and others like it someone to point a finger at and some- there was any controversy. But they that seek to accept certain portions as one to blame. They ought to take some went ahead and shut it down, and the opposed to making sure that the Gov- personal responsibility. They have American people said what the hell are ernment continues to operate. failed to pass the appropriations bill. If they doing. This does not make sense. Mr. VENTO. Mr. Speaker, will the the appropriations bill was passed, We have not even arrived at the point gentleman yield? then the Grand Canyon would be treat- where we have a serious controversy. Mr. HOYER. I yield to the gentleman ed by those other agencies of the Fed- So now they are coming back from from Minnesota. eral Government whose bills were that position that they found was so Mr. VENTO. Mr. Speaker, this is not passed and they were not affected by unpopular with the American public, the solution, this is a coverup in terms the shutdown. But the Republicans and now they are trying to pretend of what the real solution is. The real have failed and now they want to they are doing something to deal with solution is passing the Interior appro- blame somebody. They are not going to it. The Republicans can deal with this. priations bill. get away with it. Pass the Interior appropriations bill. Mr. YOUNG of Alaska. Mr. Speaker, Pass the appropriations bill and pass But if the Republicans are going to how much time do the parties have a bill that, yes, is acceptable to the load it up, as they have in the past, left? President of the United States and to with a lot of provisions to destroy the The SPEAKER pro tempore (Mr. the people of this country. That is not forest and destroy the wild lands of EWING). The gentleman from Alaska what the Republicans have been serv- this country, it will not be acceptable, [Mr. YOUNG] has 21⁄2 minutes, and the ing up on the floor of this House, and and the President is not going to sign gentleman from California [Mr. MIL- that is why they have been repudiated it, and they will, again, have enabled LER] has 4 minutes remaining. twice. Because the people of this coun- people to shut down the Government of Mr. YOUNG of Alaska. Mr. Speaker, I try are not going to sacrifice these re- this country because of their own fail- have reserved the right to close, I be- sources so that the Republicans can ures to meet their deadlines and to lieve, but I yield myself such time as I open them up some emergency basis. meet the guidelines and the laws of may consume to suggest if the gen- Mr. Speaker, I know it is a cliche, this country. tleman had reached his point and not but we often talk about the defendant Mr. Speaker, the only reason we are here added all the little adjectives to it, I that killed his parents and then threw today with H.R. 2677 is that the Republican would have been much happier. himself on the mercy of the court be- majority failed to do its job and pass an ac- I will not disagree with some of the cause he was an orphan. The Repub- ceptable appropriations bill to fund our na- things he says, but I would suggest licans here have failed to deliver a bill tional parks and wildlife refuges. when he brings in the other appropria- in a timely fashion. The fact is they The majority has twice failed to generate tions bills, brings my leadership into have failed, I believe, to deliver every sufficient votes to pass its own Interior bill. question, when this is a two-party appropriations bill in a timely fashion And now, to cover the tracks of that failure, street, why did the gentleman not men- for, I believe, the first time in modern they have cooked up this specious and absurd tion the President? That is all I sug- history in this Congress. And the fact piece of legislation. Let us be clear: This bill gested. of the matter is that is why the Gov- is nothing but camouflage to conceal the Re- It means a great deal to me that we ernment was shut down. That is sepa- publican leadership's failure to do its job. solve this problem of refuges and rate from the budgetary process. H.R. 2766 has been titled the ``National parks. And I hope on that side of the Mr. Speaker, the fact of the matter Park and Wildlife Refuge Systems Freedom aisle, I hope Members understand if is, we did not have a continuing resolu- Act of 1995''. This bill does not free our na- they vote against this bill what they tion because the Republican leader, the tional parks or refuges from anything. Instead, are doing. It is not my fault, it may Speaker of the House, threw a tan- it raises more concerns than it answers, and not be my colleagues’ fault, but we are trum, and that tantrum resulted in it places our parks, and our citizens, at great allowing the Secretary for the first tens of thousands of Federal employees risk. time in history to deprive our tax- being thrown out of work, and millions Which parks or refuges would be opened in payers of the utilization of our refuges of Americans being disappointed, the event of a Government shut-down? H 14288 CONGRESSIONAL RECORD — HOUSE December 12, 1995 What services would be provided? miners, loggers, and others can exploit them miserably, and in the meantime put us Who would be liable to accidents to visitors free from the management policies developed $6 trillion in debt. or damage to resources? Governor Symington on behalf of all Americans by past Con- Mr. DINGELL. Mr. Speaker, I rise today in of Arizona tells us he thinks Federal taxpayers gresses. strong opposition to the bill before us. This bill should indemnify States for damages and inju- H.R. 2677 has been conceived as a first would temporarily place the management of ries caused when States operate Federal fa- step towards the dismantling of our parks, ref- national parks and wildlife refuges under State cilities. An interesting feature of the new fed- uges, wilderness areas and other Federal control, and it raise several concerns. First, as eralism! lands. And that is exactly how passage of author of the underlying legislation for the Na- If you are serious seeking the answers to H.R. 2677 will be interpreted by its supporters. tional Wildlife Refuge System, I have long op- these and other questions about this hastily Do not let the Republicans play dangerous posed any giveaways in Federal authority to developed bill, do not look to the Committee political games with our national parks! Vote the States. on Resources. We have held one, perfunctory ``no'' on H.R. 2677. These lands belong to the people of the Mr. YOUNG of Alaska. Mr. Speaker, hearing, on a day when the House was not United StatesÐnot any one State, and they even in session; multiple questions about the how much time do I have left? The SPEAKER pro tempore. The gen- must be managed according to the purposes bill went unanswered. We held no subcommit- established through Federal legislation. tee mark up; no full committee mark up; there tleman has 11⁄2 minutes. Second, as a long-time hunter, I, too, wish is no report on this bill. Mr. YOUNG of Alaska. Mr. Speaker, I And today, the House is being given no op- yield myself such time as I may to see the refuges remain open. There is a portunity to amend this bill to address the consume to say that the gentleman simple way to achieve this, and one which the many concerns and criticisms that have been that just spoke voted twice to recom- majority has twice failed to do by bringing an raised about it. mit the bill. We brought a bill to the appropriations bill to this floor which is so ex- H.R. 2677 is really a pretty poor solution to floor, an appropriations bill that could treme that it cannot pass. The Interior appro- the Republican failure to provide an appropria- pass, to send to the President, and then priations bill is over 2 months late. tions bill to fund our national parks and wildlife if he vetoed it, we would know really Third, there are unresolved questions about refuges. If you were really serious about this where the differences lie. But the gen- the liability and other matters when the Fed- problem, we would be better off passing a law tleman was in the minority. He was in eral Government hands over the keys of these declaring all national park and wildlife refuge the minority. And this House has not treasures to the States. employees as emergency employees for the done its job because the minority says The majority is right! It is irresponsible to duration of a shutdown. Instead, you are going they know what is best for the major- close down our national parks and the refuge to have States determine what parks and ref- ity. system. It is a shame that we are facing a uges are open in a shutdown and what serv- The minority will have an oppor- second Government shutdown later this week ices will be provided. I note Governor Syming- tunity this week to vote on the same because the majority is unable to pass a rea- ton's offer to assist with Grand Canyon Na- bill. Hopefully, it will pass and it will sonable funding bill for parks and refuges. tional Park, but what about Saguaro National go to the President and he will prob- Now I must say that I have the most respect Park, Petrified Forest National Park, or any of ably veto it. Then that is in his ball- for the chairman of the Resources Committee, the 17 other national park units in Arizona? park. But the big thing right now is, with whom I have worked diligently to assem- The Governor did not answer that one. again, I want to stress that for the first ble a bill which will make improvements in our Let me tell you what this bill is really about. time in history this Secretary, the ar- Refuge System. H.R. 2677 is bad legislation It is not about keeping the parks open, be- rogance of this individual, has taken which goes against those things which Chair- cause it is so poorly drafted and ill-conceived away the rights of the American peo- man YOUNG and I are trying to achieve with that no one seriously believes it is going to be- ple. legislative reforms to improve our refuges, and come law. It is polemics, not policy. All this bill does is say if a State does so to try to carve out exemptions for No, what this bill is about is the Republican wishes to do so, in the case of a conflict hunters. leadership, who demanded that it be pre- between the Congress and the Presi- As a hunter, I want refuges open. As a leg- maturely brought to the floor this week, want- dent of the United States, they, in fact, islator, I want good legislation for our refuge ing to immunize itself against charges that it can offer their services to keep these system. H.R. 2677 might be good politics, but shut down the national parks again because areas open for the general public. it is terrible policy. I urge defeat of this bill. Republicans cannot figure out how to pass an Mr. Speaker, may I suggest, and cor- The SPEAKER pro tempore. All time Interior appropriations bill. And this bill is a lit- rect the gentleman from California, has expired. that in 1987 the majority on that side tle insurance policy, so they can go home and The question is on the motion offered passed, for a full year, 13 continuing tell their disappointed constituents: ``Oh, I by the gentleman from Alaska [Mr. didn't vote to close the parks. Those nasty resolutions for all 12 months for all 13 YOUNG] that the House suspend the agencies. Do not tell me about the law. Democrats did because they refused to pass rules and pass the bill, H.R. 2677, as In fact, in 1974, when Mr. Carter was H.R. 2677.'' amended. But the Republicans know, and the Amer- running around here, 1975 and 1976, in ican people know, this bill could not become that period of time, 1978, I cannot re- The question was taken. law in time for the possible shut-down this member all the years he has been Mr. VENTO. Mr. Speaker, on that I week, and so there is really no rush. It should there, each time they, in fact, passed demand the yeas and nays. be given much fuller consideration. continuing resolutions. They never met The yeas and nays were ordered. And last, let me mention that many of those the time frame. The SPEAKER pro tempore. Pursu- who are promoting this bill are also advocates I have heard this argument again and ant to clause 5 of rule I and the Chair’s for turning over Federal lands, including pro- again about the Republican party not prior announcement, further proceed- tected national parks, to the States so that doing this. The Democrats have failed ings on this motion will be postponed.

N O T I C E Incomplete record of House proceedings. Except for concluding business which follows, today’s House proceedings will be continued in the next issue of the Record.

CONFERENCE REPORT ON H.R. 1977, the bill (H.R. 1977) making appropria- CONFERENCE REPORT (H. REPT. 104–402) DEPARTMENT OF THE INTERIOR tions for the Department of the Inte- The committee of conference on the dis- AND RELATED AGENCIES APPRO- rior and related agencies for the fiscal agreeing votes of the two Houses on the PRIATIONS ACT, 1996 year ending September 30, 1996, and for amendments of the Senate to the bill (H.R. 1977) making appropriations for the Depart- Mr. REGULA submitted the follow- other purposes: ment of the Interior and related agencies, for ing conference report and statement on the fiscal year ending September 30, 1996, and December 12, 1995 CONGRESSIONAL RECORD — HOUSE H 14289 for other purposes, having met, after full and $497,943,000, to remain available for obligation Amendment Numbered 30: free conference, have agreed to recommend until September 30, 1997, and the Senate agree That the House recede from its disagree- and do recommend to their respective Houses to the same. ment to the amendment of the Senate num- as follows: Amendment numbered 12: bered 30, and agree to the same with an That the Senate recede from its amend- That the House recede from its disagree- amendment, as follows: ments numbered 4, 21, 24, 40, 54, 57, 67, 77, 83, ment to the amendment of the Senate num- In lieu of the sum proposed by said amend- 85, 94, 99, 100, 105, 107, 111, 117, 118, 123, 136, bered 12, and agree to the same with an ment insert: $143,225,000 ; and the Senate 138, 147, 148, 155, 163, 166, and 169. amendment, as follows: agree to the same. That the House recede from its disagree- In lieu of the sum proposed by said amend- Amendment Numbered 31: ment to the amendments of the Senate num- ment insert: $37,655,000; and the Senate agree That the House recede from its disagree- bered 10, 11, 13, 15, 16, 17, 18, 19, 20, 28, 32, 34, to the same. ment to the amendment of the Senate num- 36, 45, 46, 48, 50, 51, 52, 56, 59, 61, 62, 66, 71, 72, Amendment numbered 14: bered 31, and agree to the same with an 73, 74, 75, 76, 78, 80, 81, 82, 87, 88, 93, 96, 97, 102, That the House recede from its disagree- amendment, as follows: 103, 106, 109, 113, 121, 124, 126, 127, 128, 129, 130, ment to the amendment of the Senate num- In lieu of the sum stricken and inserted by 131, 133, 134, 137, 139, 140, 141, 142, 143, 144, 145, bered 14, and agree to the same with an said amendment insert the following: 149, 150, 157, 159, 160, 161, and 162, and agree to amendment, as follows: $4,500,000 of the funds provided herein ; and the the same. In lieu of the sum proposed by said amend- Senate agree to the same. Amendment numbered 1: ment insert: $36,900,000; and the Senate agree Amendment Numbered 33: That the House recede from its disagree- to the same. That the House recede from its disagree- ment to the amendment of the Senate num- Amendment numbered 22: ment to the amendment of the Senate num- That the House recede from its disagree- bered 1, and agree to the same with an bered 33, and agree to the same with an ment to the amendment of the Senate num- amendment, as follows: amendment, as follows: In lieu of the matter stricken and inserted bered 22, and agree to the same with an In lieu of the sum proposed by said amend- by said amendment insert the following: , amendment, as follows: ment insert: $49,100,000 ; and the Senate In lieu of the matter proposed by said and assessment of mineral potential of public agree to the same. amendment insert: :Provided further, That the lands pursuant to P.L. 96–487 (16 U.S.C. 3150 Amendment Numbered 35: Director of the Fish and Wildlife Service may (a)), $568,062,000; and the Senate agree to the That the House recede from its disagree- charge reasonable fees for expenses to the Fed- same. ment to the amendment of the Senate num- eral Government for providing training by the Amendment numbered 2: bered 35, and agree to the same with an That the House recede from its disagree- National Education and Training Center: Pro- amendment, as follows: ment to the amendment of the Senate num- vided further, That all training fees collected In lieu of the sum proposed by said amend- bered 2, and agree to the same with an shall be available to the Director, until ex- ment insert: : Provided, That any funds made amendment, as follows: pended, without further appropriation, to be available for the purpose of acquisition of the Restore the matter stricken by said used for the costs of training and education pro- Elwha and Glines dams shall be used solely for amendment, amended as follows: After the vided by the National Education and Training acquisition, and shall not be expended until the first comma in said amendment insert: of Center; and the Senate agree to the same. full purchase amount has been appropriated by Amendment numbered 23: which $2,000,000 shall be available for assess- the Congress ; and the Senate agree to the That the House recede from its disagree- ment of the mineral potential of public lands in same. ment to the amendment of the Senate num- Alaska pursuant to section 1010 of P.L. 96–487 Amendment numbered 37: bered 23, and agree to the same with an (16 U.S.C. 3150), and; and the Senate agree to That the House recede from its disagree- amendment, as follows: the same. ment to the amendment of the Senate num- Retain the matter proposed by said amend- bered 37, and agree to the same with an Amendment numbered 3: ment amended as follows: Following ‘‘Public That the House recede from its disagree- amendment, as follows: Law 88–567,’’ insert: if for any reason the Sec- ment to the amendment of the Senate num- In lieu of the matter proposed by said retary disapproves for use in 1996 or does not fi- bered 3, and agree to the same with an amendment insert: None of the funds in this nally approve for use in 1996 and pesticide or amendment, as follows: Act may be spent by the National Park Service chemical which was approved for use in 1995 or In lieu of the sum proposed by said amend- for activities taken in direct response to the had been requested for use in 1996 by the sub- ment insert: $568,062,000; and the Senate United Nations Biodiversity Convention. mission of a pesticide use proposal as of Septem- agree to the same. And the Senate agree to the same. ber 19, 1995, ; and the Senate agree to the Amendment numbered 5: Amendment numbered 38: same. That the House recede from its disagree- That the House recede from its disagree- Amendment numbered 25: ment to the amendment of the Senate num- ment to the amendment of the Senate num- That the House recede from its disagree- bered 38, and agree to the same with an bered 5, and agree to the same with an ment to the amendment of the Senate num- amendment, as follows: amendment, as follows: bered 25, and agree to the same with an In lieu of the matter proposed by said In lieu of the sum proposed by said amend- amendment, as follows: amendment insert: ment insert: $3,115,000; and the Senate agree In lieu of the matter proposed by said The National Park Service may enter into co- to the same. amendment insert: :$1,083,151,000; and the operative agreements that involve the transfer of Amendment numbered 6: Senate agree to the same. That the House recede from its disagree- Amendment numbered 26: National Park Service appropriated funds to ment to the amendment of the Senate num- That the House recede from its disagree- state, local and tribal governments, other public bered 6, and agree to the same with an ment to the amendment of the Senate num- entities, educational institutions, and private amendment, as follows: bered 26, and agree to the same with an nonprofit organizations for the public purpose In lieu of the sum proposed by said amend- amendment, as follows: of carrying out National Park Service programs. ment insert: $101,500,000; and the Senate Restore the matter stricken by said And the Senate agree to the same. agree to the same. amendment, amended to read as follows: , Amendment numbered 39: Amendment numbered 7: and of which not more than $500,000 shall be That the House recede from its disagree- That the House recede from its disagree- available for development of the National Park ment to the amendment of the Senate num- ment to the amendment of the Senate num- Service’s management plan for the Mojave Na- bered 39, and agree to the same with an bered 7, and agree to the same with an tional Preserve: Provided, That these funds amendment, as follows: amendment, as follows: shall be strictly limited to the development ac- In lieu of the matter proposed by said In lieu of the sum proposed by said amend- tivities for the Preserve’s management plan ; amendment insert: ment insert: $12,800,000; and the Senate agree and the Senate agree to the same. The National Park Service shall, within exist- to the same. Amendment numbered 27: ing funds, conduct a Feasibility Study for a Amendment numbered 8: That the House recede from its disagree- northern access route into Denali National Park That the House recede from its disagree- ment to the amendment of the Senate num- and preserve in Alaska, to be completed within ment to the amendment of the Senate num- bered 27, and agree to the same with an one year of the enactment of this Act and sub- bered 8, and agree to the same with an amendment, as follows: mitted to the House and Senate Committees on amendment, as follows: In lieu of the sum proposed by said amend- Appropriations and to the Senate Committee on In lieu of the sum proposed by said amend- ment insert: :$37,649,000 ; and the Senate Energy and (Natural Resources and the House ment insert: $93,379,000; and the Senate agree agree to the same. Committee on Resources. The Feasibility Study to the same. Amendment Numbered 29: shall ensure that resource impacts from any Amendment numbered 9: That the House recede from its disagree- plan to create such access route are evaluated That the House recede from its disagree- ment to the amendment of the Senate num- with accurate information and according to a ment to the amendment of the Senate num- bered 29, and agree to the same with an process that takes into consideration park val- bered 9, and agree to the same with an amendment, as follows: ues, visitor needs, a full range of alternatives, amendment, as follows: In lieu of the sum proposed by said amend- the viewpoints of all interested parties, includ- In lieu of the matter stricken and inserted ment insert: $36,212,000 ; and the Senate ing the tourism industry and the State of Alas- by said amendment insert the following: agree to the same. ka, and potential needs for compliance with the H 14290 CONGRESSIONAL RECORD — HOUSE December 12, 1995 National Environmental Policy Act. The Study gated and unexpended balances in the National ther, That all reductions in personnel com- shall also address the time required for develop- Biological Survey, Research, inventories and plements resulting from the provisions of this ment of alternatives and identify all associated surveys account at the end of the fiscal year Act shall, as to the functions transferred to the costs. 1995, shall be merged with and made a part of Secretary of Energy, be done by the Secretary of This Feasibility Study shall be conducted sole- the United States Geological Survey, Surveys, the Interior as though these transfers had not ly by the National Park Service planning per- investigations, and research account and shall taken place but had been required of the De- sonnel permanently assigned to National Park remain available for obligation until September partment of the Interior by all other provisions Service offices located in the State of Alaska in 30, 1996: Provided further, That the authority of this Act before the transfers of function be- consultation with the State of Alaska Depart- granted to the United States Bureau of Mines to come effective: Provided further, That the trans- ment of Transportation. conduct mineral surveys and to determine min- fers of function to the Secretary of Energy shall And the Senate agree to the same. eral values by section 603 of Public Law 94–579 become effective on the date specified by the Di- Amendment numbered 41: is hereby transferred to, and vested in, the Di- rector of the Office of Management and Budget, That the House recede from its disagree- rector of the United States Geological Survey; but in no event later than 90 days after enact- ment to the amendment of the Senate num- and the Senate agree to the same. ment into law of this Act: Provided further, bered 41, and agree to the same with an Amendment numbered 44: That the reference to ‘‘function’’ includes, but amendment, as follows: That the House recede from its disagree- is not limited to, any duty, obligation, power, In lieu of the matter stricken and inserted ment to the amendment of the Senate num- authority, responsibility, right, privilege, and by said amendment insert the following: and bered 44, and agree to the same with an activity, or the plural thereof, as the case may to conduct inquiries into the economic condi- amendment, as follows: be; and the Senate agree to the same. tions affecting mining and materials processing In lieu of the sum proposed by said amend- Amendment numbered 49: industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. ment insert: $182,994,000; and the Senate That the House recede from its disagree- 98g and related purposes as authorized by law agree to the same. ment to the amendment of the Senate num- and to publish and disseminate data; Amendment numbered 47: bered 49, and agree to the same with an That the House recede from its disagree- $73,503,000; and the Senate agree to the same. amendment, as follows: ment to the amendment of the Senate num- Amendment numbered 42: In lieu of the sum proposed by said amend- bered 47, and agree to the same with an That the House recede from its disagree- ment insert: $173,887,000; and the Senate amendment, as follows: ment to the amendment of the Senate num- agree to the same. In lieu of the matter stricken and inserted bered 42, and agree to the same with an Amendment numbered 53: by said amendment insert the following: amendment, as follows: That the House recede from its disagree- Restore the matter stricken by said For expenses necessary for, and incidental to, the closure of the United States Bureau of ment to the amendment of the Senate num- amendment amended to read as follows: , and bered 53, and agree to the same with an of which $137,000,000 for resource research and Mines, $64,000,000, to remain available until ex- pended, of which not to exceed $5,000,000 may be amendment, as follows: the operations of Cooperative Research Units In lieu of the matter stricken and inserted used for the completion and/or transfer of cer- shall remain available until September 30, 1997, by said amendment insert the following: tain ongoing projects within the United States and of which $16,000,000 shall remain available $1,384,434,000; and the Senate agree to the Bureau of Mines, such projects to be identified until expended for conducting inquiries into the same. by the Secretary of the Interior within 90 days economic conditions affecting mining and mate- Amendment numbered 55: of enactment of this Act: Provided, That there rials processing industries; and the Senate That the House recede from its disagree- hereby are transferred to, and vested in, the agree to the same. ment to the amendment of the Senate num- Secretary of Energy: (1) the functions pertain- Amendment numbered 43: bered 55, and agree to the same with an ing to the promotion of health and safety in That the House recede from its disagree- amendment, as follows: ment to the amendment of the Senate num- mines and the mineral industry through re- In lieu of the matter stricken and inserted bered 43, and agree to the same with an search vested by law in the Secretary of the In- by said amendment insert the following: amendment, as follows: terior or the United States Bureau of Mines and $100,255,000 shall be for welfare assistance Restore the matter stricken by said performed in fiscal year 1995 by the United grants and not to exceed $104,626,000; and the amendment amended to read as follows: : States Bureau of Mines at its Pittsburgh Re- Senate agree to the same. Provided further, That funds available herein search Center in Pennsylvania, and at its Spo- Amendment numbered 58: for resource research may be used for the pur- kane Research Center in Washington; (2) the That the House recede from its disagree- chase of not to exceed 61 passenger motor vehi- functions pertaining to the conduct of inquiries, ment to the amendment of the Senate num- cles, of which 55 are for replacement only: Pro- technological investigations and research con- bered 58, and agree to the same with an vided further, That none of the funds available cerning the extraction, processing, use and dis- amendment, as follows: under this head for resource research shall be posal of mineral substances vested by law in the In lieu of the sum proposed by said amend- used to conduct new surveys on private prop- Secretary of the Interior or the United States ment insert: $68,209,000; and the Senate agree erty, including new aerial surveys for the des- Bureau of Mines and performed in fiscal year to the same. ignation of habitat under the Endangered Spe- 1995 by the United States Bureau of Mines Amendment numbered 60: cies Act, except when it is made known to the under the minerals and materials science pro- That the House recede from its disagree- Federal official having authority to obligate or grams at its Pittsburgh Research Center in ment to the amendment of the Senate num- expend such funds that the survey or research Pennsylvania, and at its Albany Research Cen- bered 60, and agree to the same with an has been requested and authorized in writing by ter in Oregon; and (3) the functions pertaining amendment, as follows: the property owner or the owner’s authorized to mineral reclamation industries and the devel- In lieu of the sum proposed by said amend- representative: Provided further, that none of opment of methods for the disposal, control, pre- ment insert: $71,854,000; and the Senate agree the funds provided herein for resource research vention, and reclamation of mineral waste prod- to the same. may be used to administer a volunteer program ucts vested by law in the Secretary of the Inte- Amendment Numbered 63: when it is made known to the Federal official rior or the United States Bureau of Mines and That the House recede from its disagree- having authority to obligate or expend such performed in fiscal year 1995 by the United ment to the amendment of the Senate num- funds that the volunteers are not properly States Bureau of Mines at its Pittsburgh Re- bered 63, and agree to the same with an trained or that information gathered by the vol- search Center in Pennsylvania: Provided fur- amendment, as follows: unteers is not carefully verified: Provided fur- ther, That, if any of the same functions were Retain the matter proposed by said amend- ther, That no later than April 1, 1996, the Direc- performed in fiscal year 1995 at locations other ment amended as follows: Before ‘‘: Provided tor of the United States Geological Survey shall than those listed above, such functions shall not further’’ in said amendment, insert: , to be- issue agency guidelines for resource research be transferred to the Secretary of Energy from come effective on July 1, 1997; and the Senate that ensure that scientific and technical peer re- those other locations; Provided further, That agree to the same. view is utilized as fully as possible in selection the Director of the Office of Management and Amendment Numbered 64: of projects for funding and ensure the validity Budget, in consultation with the Secretary of That the House recede from its disagree- and reliability of research and data collection Energy and the Secretary of the Interior, is au- ment to the amendment of the Senate num- on Federal lands: Provided further, That no thorized to make such determinations as may be bered 64, and agree to the same with an funds available for resource research may be necessary with regard to the transfer of func- amendment, as follows: used for any activity that was not authorized tions which relate to or are used by the Depart- In lieu of the sum proposed by said amend- prior to the establishment of the National Bio- ment of the Interior, or component thereof af- ment insert: $100,833,000; and the Senate logical Survey: Provided further, That once fected by this transfer of functions, and to make agree to the same. every five years the National Academy of such dispositions of personnel, facilities, assets, Amendment Numbered 65: Sciences shall review and report on the resource liabilities, contracts, property, records, and un- That the House recede from its disagree- research activities of the Survey: Provided fur- expended balances of appropriations, authoriza- ment to the amendment of the Senate num- ther, That if specific authorizing legislation is tions, allocations, and other funds held, used, bered 65, and agree to the same with an enacted during or before the start of fiscal year arising from, available to or to be made avail- amendment, as follows: 1996, the resource research component of the able in connection with, the functions trans- In lieu of the sum proposed by said amend- Survey should comply with the provisions of ferred herein as are deemed necessary to accom- ment insert: $80,645,000; and the Senate agree that legislation: Provided further, That unobli- plish the purposes of this transfer: Provided fur- to the same. December 12, 1995 CONGRESSIONAL RECORD — HOUSE H 14291 Amendment Numbered 68: (b) Such penalty shall not attach to the initi- placement, or hardening of essential facilities: That the House recede from its disagree- ation of any legal actions with respect to such Provided further, That the cumulative amount ment to the amendment of the Senate num- rights or the enforcement of any final judg- set aside for such emergency fund may not ex- bered 68, and agree to the same with an ments, appeals from which have been exhausted, ceed $10,000,000 at any time. amendment, as follows: with respect thereto. ‘‘(d) Within the amounts allocated for infra- Retain the matter proposed by said amend- And the Senate agree to the same. structure pursuant to this section, and subject ment amended as follows: In lieu of the sum Amendment Numbered 89: to the specific allocations made in subsection named in said amendment insert: $500,000; That the House recede from its disagree- (c), additional contributions may be made, as set and the Senate agree to the same. ment to the amendment of the Senate num- forth in appropriations Acts, to assist in the re- Amendment Numbered 69: bered 89, and agree to the same with an settlement of Rongelap Atoll: Provided, That the That the House recede from its disagree- amendment, as follows: total of all contributions from any Federal ment to the amendment of the Senate num- In lieu of the matter proposed by said source after enactment of this Act may not ex- bered 69, and agree to the same with an amendment insert: Sec. 118. Section 4(b) of ceed $32,000,000 and shall be contingent upon an amendment, as follows: Public Law 94–241 (90 Stat. 263) as added by sec- agreement, satisfactory to the President, that Retain the matter proposed by said amend- tion 10 of Public Law 99–396 is amended by de- such contributions are a full and final settle- ment, amended as follows: leting ‘‘until Congress otherwise provides by ment of all obligations of the United States to In lieu of the first sum named in said law.’’ and inserting in lieu thereof: ‘‘except assist in the resettlement of Rongelap Atoll and amendment insert: $4,500,000. that, for fiscal years 1996 through 2002, pay- that such funds will be expended solely on reset- In lieu of the second sum named in said ments to the Commonwealth of the Northern tlement activities and will be properly audited amendment insert: $35,914,000. Mariana Islands pursuant to the multi-year and accounted for. In order to provide such con- In lieu of the third sum named in said funding agreements contemplated under the tributions in a timely manner, each Federal amendment insert: $500,000; and the Senate Covenant shall be $11,000,000 annually, subject agency providing assistance or services, or con- agree to the same. to an equal local match and all other require- ducting activities, in the Republic of the Mar- Amendment Numbered 70: ments set forth in the Agreement of the Special shall Islands, is authorized to make funds avail- That the House recede from its disagree- Representatives on Future Federal Financial able through the Secretary of the Interior, to as- ment to the amendment of the Senate num- Assistance of the Northern Mariana Islands, ex- sist in the resettlement of Rongelap. Nothing in bered 70, and agree to the same with an ecuted on December 17, 1992 between the special this subsection shall be construed to limit the amendment, as follows: representative of the President of the United provision of ex gratia assistance pursuant to In lieu of the matter stricken and inserted States and special representatives of the Gov- section 105(c)(2) of the Compact of Free Associa- by said amendment insert the following: ernor of the Northern Mariana Islands with any tion Act of 1985 (Public Law 99–239, 99 Stat. $65,188,000, of which (1) $61,661,000 shall be additional amounts otherwise made available 1770, 1792), including for individuals choosing available until expended for technical assist- under this section in any fiscal year and not re- not to resettle at Rongelap, except that no such ance, including maintenance assistance, disas- quired to meet the schedule of payments in this assistance for such individuals may be provided ter assistance, insular management controls, subsection to be provided as set forth in sub- until the Secretary notifies the Congress that and brown tree snake control and research; and section (c) until Congress otherwise provides by the full amount of all funds necessary for reset- the Senate agree to the same. law. tlement at Rongelap has been provided.’’. Amendment Numbered 79: ‘‘(c) The additional amounts referred to in And the Senate agree to the same. That the House recede from its disagree- subsection (b) shall be made available to the Amendment Numbered 90: ment to the amendment of the Senate num- Secretary for obligation as follows: That the House recede from its disagree- bered 79, and agree to the same with an ‘‘(1) for fiscal years 1996 through 2001, ment to the amendment of the Senate num- amendment, as follows: $4,580,000 annually for capital infrastructure bered 90, and agree to the same with an Retain the matter proposed by said amend- projects as Impact Aid for Guam under section amendment, as follows: ment amended as follows: 104(c)(6) of Public Law 99–239; In lieu of the sum proposed by said amend- ‘‘(2) for fiscal year 1996, $7,700,000 shall be In lieu of ‘‘October 1, 1995’’ named in said ment insert: $178.000,000; and the Senate provided for capital infrastructure projects in amendment insert: March 1, 1996; and the agree to the same. American Samoa; $4,420,000 for resettlement of Senate agree to the same. Amendment Numbered 91: Amendment Numbered 84: Rongelap Atoll; and That the House recede from its disagree- ‘‘(3) for fiscal years 1997 and thereafter, all That the House recede from its disagree- ment to the amendment of the Senate num- such amounts shall be available solely for cap- ment to the amendment of the Senate num- bered 91, and agree to the same with an ital infrastructure projects in Guam, the Virgin bered 84, and agree to the same with an amendment, as follows: Islands, American Samoa, the Commonwealth of amendment, as follows: In lieu of the matter stricken and inserted the Northern Mariana Islands, the Republic of Restore the matter stricken by said by said amendment insert the following: Palau, the Federated States of Micronesia and amendment, amended to read as follows: Sec. $136,794,000, to remain available until expended, the Republic of the Marshall Islands: Provided, 108. Prior to the transfer of Presidio properties as authorized by law; and the Senate agree to That, in fiscal year 1997, $3,000,000 of such to the Presidio Trust, when authorized, the Sec- the same. retary may not obligate in any calendar month amounts shall be made available to the College Amendment Numbered 92: more than 1⁄12 of the fiscal year 1996 appropria- of the Northern Marianas and beginning in fis- That the House recede from its disagree- tion for operation of the Presidio: Provided, cal year 1997, and in each year thereafter, not ment to the amendment of the Senate num- That this section shall expire on December 31, to exceed $3,000,000 may be allocated, as pro- bered 92, and agree to the same with an 1995. vided in appropriations Acts, to the Secretary of amendment, as follows: And the Senate agree to the same. the Interior for use by Federal agencies or the In lieu of the sum proposed by said amend- Amendment Numbered, 86: Commonwealth of the Northern Mariana Is- ment insert: $1,256,253,000; and the Senate That the House recede from its disagree- lands to address immigration, labor, and law en- agree to the same. ment to the amendment of the Senate num- forcement issues in the Northern Mariana Is- Amendment Numbered 95: bered 86, and agree to the same with an lands. The specific projects to be funded in That the House recede from its disagree- amendment, as follows: American Samoa shall be set forth in a five-year ment to the amendment of the Senate num- In lieu of the matter proposed by said plan for infrastructure assistance developed by bered 95, and agree to the same with an amendment, insert: the Secretary of the Interior in consultation amendment, as follows: SEC. 115. (a) Of the funds appropriated by this with the American Samoa Government and up- In lieu of the sum proposed by said amend- Act or any subsequent Act providing for appro- dated annually and submitted to the Congress ment insert: $163,500,000; and the Senate priations in fiscal years 1996 and 1997, not more concurrent with the budget justifications for the agree to the same. than 50 percent of any self-governance funds Department of the Interior. In developing budg- Amendment Numbered 98: that would otherwise be allocated to each In- et recommendations for capital infrastructure That the House recede from its disagree- dian tribe in the State of Washington shall ac- funding, the Secretary shall indicate the highest ment to the amendment of the Senate num- tually be paid to or on account of such Indian priority projects, consider the extent to which bered 98, and agree to the same with an tribe from and after the time at which such tribe particular projects are part of an overall master amendment, as follows: shall— plan, whether such project has been reviewed by In lieu of the sum proposed by said amend- (1) take unilateral action that adversely im- the Corps of Engineers and any recommenda- ment insert: $41,200,000; and the Senate agree pacts the existing rights to and/or customary tions made as a result of such review, the extent to the same. uses of, nontribal member owners of fee simple to which a set-aside for maintenance would en- Amendment Numbered 101: land within the exterior boundary of the tribe’s hance the life of the project, the degree to which That the House recede from its disagree- reservation to water, electricity, or any other a local cost-share requirement would be consist- ment to the amendment of the Senate num- similar utility or necessity for the nontribal ent with local economic and fiscal capabilities, bered 101, and agree to the same with an members’ residential use of such land; or and may propose an incremental set-aside, not amendment, as follows: (2) restrict or threaten to restrict said owners to exceed $2,000,000 per year, to remain available Retain the matter proposed by said amend- use of or access to publicly maintained rights of without fiscal year limitation, as an emergency ment amended as follows: Following ‘‘Forest way necessary or desirable in carrying the utili- fund in the event of natural or other disasters Service,’’ in said amendment insert: other ties or necessities described above. to supplement other assistance in the repair, re- than the relocation of the Regional Office for H 14292 CONGRESSIONAL RECORD — HOUSE December 12, 1995 Region 5 of the Forest Service from San Fran- Amendment Numbered 112: administrative expenses and for the orderly clo- cisco to excess military property at Mare Island, That the House recede from its disagree- sure of the Corporation, as well as operating Vallejo, California, ; and the Senate agree to ment to the amendment of the Senate num- and administrative expenses for the functions the same. bered 112, and agree to the same with an transferred to the General Services Administra- Amendment Numbered 104: amendment, as follows: tion. That the House recede from its disagree- In lieu of the sum proposed by said amend- And the Senate agree to the same. ment to the amendment of the Senate num- ment insert: $148,786,000; and the Senate Amendment Numbered 151: bered 104, and agree to the same with an agree to the same. That the House recede from its disagree- amendment, as follows: Amendment Numbered 114: ment to the amendment of the Senate num- In lieu of the matter proposed by said That the House recede from its disagree- bered 151, and agree to the same with an amendment insert: Any funds available to the ment to the amendment of the Senate num- amendment, as follows: Forest Service may be used for retrofitting Mare bered 114, and agree to the same with an Restore the matter stricken by said Island facilities to accommodate the relocation: amendment, as follows: amendment, amended as follows: Provided, That funds for the move must come In lieu of the sum proposed by said amend- In lieu of Subsection (g) insert the follow- from funds otherwise available to Region 5: Pro- ment insert: $553,293,000; and the Senate ing: vided further, That any funds to be provided for agree to the same. (g) Section 3(b) of the Pennsylvania Avenue such purposes shall only be available upon ap- Amendment Numbered 115: Development Corporation Act of 1972 (40 U.S.C. That the House recede from its disagree- proval of the House and Senate Committees on 872(b)) is amended as follows: ment to the amendment of the Senate num- Appropriations. ‘‘(b) The Corporation shall be dissolved on or And the Senate agree to the same. bered 115, and agree to the same with an before April 1, 1996. Upon dissolution, assets, Amendment Numbered 108: amendment, as follows: obligations, indebtedness, and all unobligated That the House recede from its disagree- In lieu of the sum proposed by said amend- and unexpended balances of the Corporation ment to the amendment of the Senate num- ment insert: $140,696,000; and the Senate shall be transferred in accordance with the De- bered 108, and agree to the same with an agree to the same. partment of the Interior and Related Agencies Amendment Numbered 116: amendment, as follows: Appropriations Act, 1996.’’. That the House recede from its disagree- In lieu of the matter proposed by said And the Senate agree to the same. ment to the amendment of the Senate num- amendment insert: Amendment Numbered 152: For fiscal years 1996 and 1997, the Secretary bered 116, and agree to the same with an That the House recede for its disagreement shall continue the current Tongass Land Man- amendment, as follows: to the amendment of the Senate numbered In lieu of the sum proposed by said amend- agement Plan (TLMP) and may accommodate 152, and agree to the same with an amend- ment insert: $114,196,000; and the Senate commercial tourism (if an agreement is signed ment, as follows: agree to the same. In lieu of the matter stricken and inserted between the Forest Service and the Alaska Visi- Amendment Numbered 119: tors’ Association), except that during this pe- That the House recede from its disagree- by said amendment insert the following: SEC. 314. (a) Except as provided in subsection riod, the Secretary shall maintain at least the ment to the amendment of the Senate num- (b), no part of any appropriation contained in number of acres of suitable available and suit- bered 119, and agree to the same with an this Act or any other Act shall be obligated or able scheduled timber lands, and Allowable Sale amendment, as follows: Quantity, as identified in the Preferred Alter- In lieu of the sum proposed by said amend- expended for the operation or implementation of native (Alternative P) in the Tongass Land and ment insert: $72,266,000; and the Senate agree the Interior Columbia Basin Ecosystem Manage- Resources Management Plan and Final Envi- to the same. ment Project (hereinafter ‘‘Project’’). ronmental Impact Statement (dated October Amendment Numbered 120: (b)(1) From the funds appropriated to the For- 1992) as selected in the Record of Decision Re- That the House recede from its disagree- est Service and Bureau of Land Management: a view Draft #3–2/93. Nothing in this section, in- ment to the amendment of the Senate num- sum of $4,000,000 is made available for the Exec- cluding the ASQ identified in Alternative P, bered 120, and agree to the same with an utive Steering Committee of the Project to pub- shall be construed to limit the Secretary’s con- amendment, as follows: lish, and submit to the Committees on Agri- sideration of new information or to prejudice fu- In lieu of the sum proposed by said amend- culture, Nutrition, and Forestry, Appropria- ture revision, amendment or modification of ment insert: $1,747,842,000; and the Senate tions, and Energy and Natural Resources of the TLMP based upon sound, verifiable scientific agree to the same. Senate and Committees on Agriculture, Appro- data. Amendment Numbered 122: priations, and Resources of the House of Rep- If the Forest Service determines in a Supple- That the House recede from its disagree- resentatives, by April 30, 1996, an assessment on mental Evaluation to an Environmental Impact ment to the amendment of the Senate num- the National Forest System lands and lands ad- Statement that no additional analysis under the bered 122, and agree to the same with an ministered by the Bureau of Land Management National Environmental Policy Act or section amendment, as follows: (hereinafter ‘‘Federal lands’’) within the area 810 of the Alaska National Interest Lands Con- In lieu of the sum proposed by said amend- encompassed by the Project. The assessment servation Act is necessary for any timber sale or ment insert: $238,958,000; and the Senate shall be accompanied by draft Environmental offering which has been prepared for acceptance agree to the same. Impact Statements that are not decisional and by, or award to, a purchaser after December 31, Amendment Numbered 125: not subject to judicial review, contain a range of 1988, that has been subsequently determined by That the House recede from its disagree- alternatives, without the identification of a pre- the Forest Service to be available for sale or of- ment to the amendment of the Senate num- ferred alternative or management recommenda- fering to one or more other purchaser, the bered 125, and agree to the same with an tions, and provide a methodology for conducting change of purchasers for whatever reason shall amendment, as follows: any cumulative effects analysis required by sec- In lieu of the sum proposed by said amend- not be considered a significant new cir- tion 102(2)(C) of the National Environmental ment insert: $308,188,000; and the Senate cumstance, and the Forest Service may offer or Policy Act (42 U.S.C. 4332(2)) in the preparation agree to the same. of such amendment to a resource management award such timber sale or offering to a different Amendment Numbered 132: plan pursuant to subsection (c)(2). The Execu- purchaser or offeree notwithstanding any other That the House recede from its disagree- tive Steering Committee shall release the re- provision of law. A determination by the Forest ment to the amendment of the Senate num- quired draft Environmental Impact Statements Service pursuant to this paragraph shall not be bered 132, and agree to the same with an for a ninety day public comment period. A sum- subject to judicial review. amendment, as follows: And the Senate agree to the same. In lieu of the sum proposed by said amend- mary of the public comments received must ac- Amendment Numbered 110: ment insert: $6,442,000; and the Senate agree company these documents upon its submission That the House recede from its disagree- to the same. to Congress. ment to the amendment of the Senate num- Amendment Numbered 135: (2) The assessment required by paragraph (1) bered 110, and agree to the same with an That the House recede from its disagree- shall contain the scientific information collected amendment, as follows: ment to the amendment of the Senate num- and analysis undertaken by the Project on In lieu of the sum stricken and inserted by bered 135, and agree to the same with an landscape dynamics and forest and rangeland said amendment insert: and for promoting amendment, as follows: health conditions and the implications of such health and safety in mines and the mineral in- In lieu of the sum proposed by said amend- dynamics and conditions for forest and range- dustry through research (30 U.S.C. 3, 861(b), ment insert: $5,840,000; and the Senate agree land management, specifically the management and 951(a)), for conducting inquiries, techno- to the same. of forest and rangeland vegetation structure, logical investigations and research concerning Amendment Numbered 146: composition, density and related social and eco- the extraction, processing, use, and disposal of That the House recede from its disagree- nomic effects. mineral substances without objectionable social ment to the amendment of the Senate num- (3) The assessment and draft Environmental and environmental costs (30 U.S.C. 3, 1602, and bered 146, and agree to the same with an Impact Statements required by paragraph (1) 1603), and for the development of methods for amendment, as follows: shall not: contain any material other than that the disposal, control, prevention, and reclama- In lieu of the matter proposed by said required in paragraphs (1) and (2); be the sub- tion of waste products in the mining, minerals, amendment insert: ject of consultation or conferencing pursuant to metal, and mineral reclamation industries (30 PUBLIC DEVELOPMENT section 7 of the Endangered Species Act of 1973 U.S.C. 3 and 21a), $417,169,000; and the Senate Funds made available under this heading in (16 U.S.C. 1536); or be accompanied by any agree to the same. prior years shall be available for operating and record of decision or documentation pursuant to December 12, 1995 CONGRESSIONAL RECORD — HOUSE H 14293 section 102(2) of the National Environmental cable guidance or other policy issued prior to market valuation methods to provide a broad Policy Act, except as specified in paragraph (1). the date of enactment of this Act. basis for feasibility testing; (c)(1) From the funds appropriated to the For- (6)(A) Any policy adopted in an amendment (3) may contract, including provisions for rea- est Service and the Bureau of Land Manage- prepared pursuant to paragraph (2) which is a sonable commissions, with any public or private ment, each Forest Supervisor of the Forest Serv- modification of or alternative to a policy re- entity to provide visitor services, including res- ice and District Manager of the Bureau of Land ferred to in paragraph (1)(A) and upon which ervations and information, and may accept serv- Management with responsibility for a national consultation or conferencing has occurred pur- ices of volunteers to collect fees charged pursu- forest or unit of land administered by the Bu- suant to section 7 of the Endangered Species Act ant to paragraph (1); reau of Land Management (hereinafter ‘‘for- of 1973, shall not again be subject to the con- (4) may encourage private investment and est’’) within the area encompassed by the sultation or conferencing provisions of such sec- partnerships to enhance the delivery of quality Project shall— tion 7. customer services and resource enhancement, (A) review the resource management plan (B) If required by such section 7, and not sub- and provide appropriate recognition to such (hereinafter ‘‘plan’’) for such forest, the sci- ject to subparagraph (A), the Forest Supervisor partners or investors; and entific information and analysis in the report or District Manager concerned shall consult or (5) may assess a fine of not more than $100 for prepared pursuant to subsection (b) which are conference separately on each amendment pre- any violation of the authority to collect fees for applicable to such plan, and any policy which pared pursuant to paragraph (2). admission to the area or for the use of outdoor (C) No further consultation, other than the is applicable to such plan upon the date of en- recreation sites, facilities, visitor centers, equip- consultation specified in subparagraph (B), actment of this section (whether or not such pol- ment, and services. shall be undertaken on the amendments pre- icy has been added to such plan by amendment), (c)(1) Amounts collected at each fee dem- pared pursuant to paragraph (2), on any project including any which is, or is intended to be, of onstration area, site or project shall be distrib- or activity which is consistent with an applica- limited duration, and which the Project address- uted as follows: ble amendment, on any policy referred to in es; and (A) Of the amount in excess of 104% of the paragraph (1)(A), or on any portion of any plan amount collected in fiscal year 1995, and there- (B) based on such review, develop a modifica- related to such policy or the species to which tion of such policy, or an alternative policy after annually adjusted upward by 4%, eighty such policy applies. percent to a special account in the Treasury for which serves the basic purpose of such policy, to (7) Each amendment prepared pursuant to meet the specific conditions of such forest. use without further appropriation, by the agen- paragraph (2) shall be adopted on or before Oc- cy which administers the site, to remain avail- (2) For each plan reviewed pursuant to para- tober 31, 1996: Provided, That any amendment able for expenditures in accordance with para- graph (1), the Forest Supervisor or District deemed a significant plan amendment, or equiv- graph (2)(A). Manager concerned shall prepare and adopt an alent, pursuant to paragraph (3) shall be adopt- (B) Of the amount in excess of 104% of the amendment which: contains the modified or al- ed on or before March 31, 1997. amount collected in fiscal year 1995, and there- ternative policy developed pursuant to para- (8) No policy referred to in paragraph (1)(A), after annually adjusted upward by 4%, twenty graph (1)(B); is directed solely to and affects or any provision of a plan or other planning percent to a special account in the Treasury for only such plan; and addresses the specific con- document incorporating such policy, shall be ef- use without further appropriation, by the agen- ditions of the forest to which the plan applies fective in any forest subject to the Project on or cy which administers the site, to remain avail- and the relationship of the modified or alter- after March 31, 1997, or after an amendment to able for expenditure in accordance with para- native policy to such conditions. The Forest Su- the plan which applies to such forest is adopted graph (2)(B). pervisor or District Manager concerned shall pursuant to the provisions of this subsection, (C) For agencies other than the Fish and consult at a minimum, with the Governor of the whichever occurs first. Wildlife Service, up to 15% of current year col- State, and the Commissioners of the county or (9) On the signing of a record decision or lections of each agency, but not greater than fee counties, and affected tribal governments in equivalent document making an amendment for collection costs for that fiscal year, to remain which the forest to which the plan applies is sit- the Clearwater National Forest pursuant to available for expenditure without further appro- uated during the review of the plan required by paragraph (2), the requirement for revision re- priation in accordance with paragraph (2)(C). paragraph (1) and the preparation of an amend- ferred to in the Stipulation of Dismissal dated (D) For agencies other than the Fish and ment to the plan required by this paragraph. September 13, 1993, applicable to the Clearwater Wildlife Service, the balance to the special ac- (3) To the maximum extent practicable, each National Forest is deemed to be satisfied, and count established pursuant to sub-paragraph amendment prepared pursuant to paragraph (2) the interim management direction provisions (A) of section 4(i)(1) of the Land and Water shall establish site-specific standards in lieu of contained in the Stipulation of Dismissal shall Conservation Fund Act, as amended. imposing general standards applicable to mul- be of no further effect with respect to the Clear- (E) For the Fish and Wildlife Service, the bal- tiple sites. Any amendment which would result water National Forest. ance shall be distributed in accordance with sec- in any major change in land use allocations (d) The documents prepared under the au- tion 201(c) of the Emergency Wetlands Re- within the plan or would reduce the likelihood thority of this section shall not be applied or sources Act. of achievement of the goals and objectives of the used to regulate non-Federal lands. (2)(A) Expenditures from site specific special plan (prior to any previous amendment incor- And the Senate agreed to the same. funds shall be for further activities of the area, porating in the plan any policy referred to in Amendment numbered 153: That the House recede from its disagree- site or project from which funds are collected, paragraph (1)(A)) shall be deemed a significant and shall be accounted for separately. change, pursuant to section 6(f)(4) of the Forest ment to the amendment of the Senate num- bered 153, and agree to the same with an (B) Expenditures from agency specific special and Rangeland Renewable Resources Planning funds shall be for use on an agency-wide basis Act of 1974 (16 U.S.C. 1604(f)(4)) or section 202 of amendment, as follows: In lieu of the matter stricken and inserted and shall be accounted for separately. the Federal Land Policy and Management Act by said amendment insert the following: (C) Expenditures from the fee collection sup- of 1976 (43 U.S.C. 1712), requiring a significant SEC. 315. RECREATIONAL FEE DEMONSTRATION port fund shall be used to cover fee collection plan amendment or equivalent. PROGRAM. costs in accordance with section 4(i)(1)(B) of the (4) Each amendment prepared pursuant to (a) The Secretary of the Interior (acting Land and Water Conservation Fund Act, as paragraph (2) shall comply with any applicable through the Bureau of Land Management, the amended: Provided, That funds unexpended requirements of section 102(2) of the National National Park Service and the United States and unobligated at the end of the fiscal year Environmental Policy Act, except that any cu- Fish and Wildlife Service) and the Secretary of shall not be deposited into the special account mulative effects analysis conducted in accord- Agriculture (acting through the Forest Service) established pursuant to section 4(i)(1)(A) of said ance with the methodology provided pursuant to shall each implement a fee program to dem- Act and shall remain available for expenditure subsection (b)(1) shall be deemed to meet any re- onstrate the feasibility of user-generated cost re- without further appropriation. quirement of such Act for such analysis and the covery for the operation and maintenance of (3) In order to increase the quality of the visi- scoping conducted by the Project prior to the recreation areas or sites and habitat enhance- tor experience at public recreational areas and date of enactment of this section shall substitute ment projects on Federal lands. enhance the protection of resources, amounts for any scoping otherwise required by such Act (b) In carrying out the pilot program estab- available for expenditure under this section may for such amendment, unless at the sole discre- lished pursuant to this section, the appropriate only be used for the area, site or project con- tion of the Forest Supervisor or District Man- Secretary shall select from areas under the juris- cerned, for backlogged repair and maintenance ager additional scoping is deemed necessary. diction of each of the four agencies referred to projects (including projects relating to health (5) The review of each plan required by para- in subsection (a) no fewer than 10, but as many and safety) and for interpretation, signage, graph (1) shall be conducted, and the prepara- as 50, areas, sites or projects for fee demonstra- habitat or facility enhancement, resource pres- tion and decision to approve an amendment to tion. For each such demonstration, the Sec- ervation, annual operation (including fee collec- each plan pursuant to paragraph (2) shall be retary, notwithstanding any other provision of tion), maintenance, and law enforcement relat- made, by the Forest Supervisor or District Man- law— ing to public use. The agencywide accounts may ager, as the case may be, solely on: the basis of (1) shall charge and collect fees for admission be used for the same purposes set forth in the the review conducted pursuant to paragraph to the area or for the use of outdoor recreation preceding sentence, but for areas, sites or (1)(A), any consultation or conferencing pursu- sites, facilities, visitor centers, equipment, and projects selected at the discretion of the respec- ant to section 7 of the Endangered Species Act services by individuals and groups, or any com- tive agency head. of 1973 required by paragraph (6), any docu- bination thereof; (d)(1) Amounts collected under this section mentation required by section 102(2) of the Na- (2) shall establish fees under this section shall not be taken into account for the purposes tional Environmental Policy Act, and any appli- based upon a variety of cost recovery and fair of the Act of May 23, 1908 and the Act of March H 14294 CONGRESSIONAL RECORD — HOUSE December 12, 1995 1, 1911 (16 U.S.C. 500), the Act of March 4, 1913 Revised Statutes (30 U.S.C. 42) for mill site funding should contribute to public support and (16 U.S.C. 501), the Act of July 22, 1937 (7 U.S.C. claims, as the case may be, were fully complied confidence in the use of taxpayer funds’’; and 1012), the Act of August 8, 1937 and the Act of with by the applicant by that date. (4) ‘‘Public funds provided by the Federal May 24, 1939 (43 U.S.C. 1181f et seq.), the Act of (c) PROCESSING SCHEDULE.—For those applica- Government must ultimately serve public pur- June 14, 1926 (43 U.S.C. 869–4), chapter 69 of tions for patents pursuant to subsection (b) poses the Congress defines’’. title 31, United States Code, section 401 of the which were filed with the Secretary of the Inte- (b) ADDITIONAL CONGRESSIONAL FINDINGS.— Act of June 15, 1935 (16 U.S.C. 715s), the Land rior, prior to September 30, 1994, the Secretary of Congress further finds and declares that the use and Water Conservation Fund Act of 1965 (16 the Interior shall— of scarce funds, which have been taken from all U.S.C. 460l), and any other provision of law re- (1) Within three months of the enactment of taxpayers of the United States, to promote, dis- lating to revenue allocation. this Act, file with the House and Senate Com- seminate, sponsor, or produce any material or (2) Fees charged pursuant to this section shall mittees on Appropriations and the Committee on performance that— be in lieu of fees charged under any other provi- Resources of the House of Representatives and (1) denigrates the religious objects or religious sion of law. the Committee on Energy and Natural Resources beliefs of the adherents of a particular religion, (e) The Secretary of the Interior and the Sec- of the United States Senate a plan which details or retary of Agriculture shall carry out this section how the Department of the Interior will make a (2) depicts or describes, in a patently offensive without promulgating regulations. final determination as to whether or not an ap- way, sexual or excretory activities or organs (f) The authority to collect fees under this sec- plicant is entitled to a patent under the general is contrary to the express purposes of the Na- tion shall commence on October 1, 1995, and end mining laws on at least 90 percent of such appli- tional Foundation on the Arts and the Human- on September 30, 1998. Funds in accounts estab- cations within five years of the enactment of ities Act of 1965, as amended. lished shall remain available through September this Act and File reports annually thereafter (c) PROHIBITION ON FUNDING THAT IS NOT 30, 2001. with the same committees detailing actions CONSISTENT WITH THE PURPOSES OF THE ACT.— And the Senate agree to the same. taken by the Department of the Interior to carry Notwithstanding any other provision of law, Amendment numbered 154: out such plan; and none of the scarce funds which have been taken That the House recede from its disagree- (2) Take such actions as may be necessary to from all taxpayers of the United States and ment to the amendment of the Senate num- carry out such plan. made available under this Act to the National bered 154, and agree to the same with an (d) MINERAL EXAMINATIONS.—In order to Endowment for the Arts may be used to pro- amendment, as follows: process patent applications in a timely and re- mote, disseminate, sponsor, or produce any ma- Restore the matter stricken by said sponsible manner, upon the request of a patent terial or performance that— amendment, amended to read as follows: applicant, the Secretary of the Interior shall (1) denigrates the religious objects or religious SEC. 316. Section 2001(a)(2) of Public Law 104– allow the applicant to fund a qualified third- beliefs of the adherents of a particular religion, 19 is amended as follows: Strike ‘‘September 30, party contractor to be selected by the Bureau of or 1997’’ and insert in lieu thereof ‘‘December 31, Land Management to conduct a mineral exam- (2) depicts or describes, in a patently offensive 1996’’. ination of the mining claims or mill sites con- way, sexual or excretory activities or organs, tained in a patent application as set forth in And the Senate agree to the same. and this prohibition shall be strictly applied subsection (b). The Bureau of Land Manage- Amendment numbered 156: without regard to the content or viewpoint of ment shall have the sole responsibility to choose That the House recede from its disagree- the material or performance. ment to the amendment of the Senate num- and pay the third-party contractor in accord- (d) SECTION NOT TO AFFECT OTHER WORKS.— ance with the standard procedures employed by bered 156, and agree to the same with an Nothing in this section shall be construed to af- the Bureau of Land Management in the reten- amendment, as follows: fect in any way the freedom of any artist or per- Restore the matter stricken by said tion of third-party contractors. And the Senate agree to the same. former to create any material or performance amendment, amended to read as follows: using funds which have not been made available SEC. 319. GREAT BASIN NATIONAL PARK. Amendment numbered 164: That the House recede from its disagree- under this Act to the National Endowment for Section 3 of the Great Basin National Park ment to the amendment of the Senate num- the Arts. Act of 1986 (16 U.S.C. 410mm-1) is amended— bered 164, and agree to the same with an And the Senate agree to the same. (1) in the first sentence of subsection (e) by amendment, as follows: Amendment numbered 170: striking ‘‘shall’’ and inserting ‘‘may’’; and In lieu of the section number named in said That the House recede from its disagree- (2) in subsection (f)— amendment, insert: 328; and the Senate agree ment to the amendment of the Senate num- (A) by striking ‘‘At the request’’ and inserting to the same. bered 170, and agree to the same with an the following: Amendment numbered 165: amendment, as follows: ‘‘(1) EXCHANGES.—At the request’’; That the House recede from its disagree- In lieu of the matter proposed by said (B) by striking ‘‘grazing permits’’ and insert- ment to the amendment of the Senate num- amendment insert: ing ‘‘grazing permits and grazing leases’’; and bered 165, and agree to the same with an SEC. 332. For purposes related to the closure of (C) by adding after ‘‘Federal lands.’’ the fol- amendment, as follows: the Bureau of Mines, funds made available to lowing: In lieu of the section number named in said the United States Geological Survey, the United ‘‘(2) ACQUISITION BY DONATION.— amendment, insert: 329; and the Senate agree States Bureau of Mines, and the Bureau of ‘‘(A) IN GENERAL.—The Secretary may acquire to the same. Land Management shall be available for trans- by donation valid existing permits and grazing Amendment numbered 167: fer, with the approval of the Secretary of the In- leases authorizing grazing on land in the park. That the House recede from its disagree- terior, among the following accounts: United ‘‘(B) TERMINATION.—The Secretary shall ter- ment to the amendment of the Senate num- States Geological Survey, Surveys, investiga- minate a grazing permit or grazing lease ac- bered 167, and agree to the same with an tions, and research; Bureau of Mines, Mines quired under subparagraph (A) so as to end amendment, as follows: and minerals; and Bureau of Land Manage- grazing previously authorized by the permit or In lieu of the section number named in said ment, Management of lands and resources. The lease.’’. amendment, insert: 330; and the Senate agree Secretary of Energy shall reimburse the Sec- And the Senate agree to the same. to the same. retary of the Interior, in an amount to be deter- Amendment numbered 158: Amendment numbered 168: mined by the Director of the Office of Manage- That the House recede from its disagree- That the House recede from its disagree- ment and Budget, for the expenses of the trans- ment to the amendment of the Senate num- ment to the amendment of the Senate num- ferred functions between October 1, 1995 and the bered 158, and agree to the same with an bered 168, and agree to the same with an effective date of the transfers of function. Such amendment, as follows: amendment, as follows: transfers shall be subject to the reprogramming In lieu of the matter stricken and inserted In lieu of the matter proposed by said guidelines of the House and Senate Committees by said amendment insert the following: amendment insert: on Appropriations. SEC. 322. (a) None of the funds appropriated SEC. 331. (a) PURPOSES OF NATIONAL ENDOW- And the Senate agree to the same. or otherwise made available pursuant to this MENT FOR THE ARTS.—Section 2 of the National Amendment numbered 171: Act shall be obligated or expended to accept or Foundation on the Arts and the Humanities Act That the House recede from its disagree- process applications for a patent for any mining of 1965, as amended (20 U.S.C. 951), sets out ment to the amendment of the Senate num- or mill site claim located under the general min- findings and purposes for which the National bered 171, and agree to the same with an ing laws. Endowment for the Arts was established, among amendment, as follows: (b) The provisions of subsection (a) shall not which are— In lieu of the matter proposed by said apply if the Secretary of the Interior determines (1) ‘‘The arts and humanities belong to all the amendment insert the following: that, for the claim concerned: (1) a patent appli- people of the United States’’; SEC. 333. No funds appropriated under this or cation was filed with the Secretary on or before (2) ‘‘The arts and humanities reflect the high any other Act shall be used to review or modify September 30, 1994, and (2) all requirements es- place accorded by the American people . . . to sourcing areas previously approved under sec- tablished under sections 2325 and 2326 of the Re- the fostering of mutual respect for the diverse tion 490(c)(3) of the Forest Resources Conserva- vised Statutes (30 U.S.C. 29 and 30) for vein or beliefs and values of all persons and groups’’; tion and Shortage Relief Act of 1990 (Public lode claims and sections 2329, 2330, 2331, and (3) ‘‘Public funding of the arts and human- Law 101–382) or to enforce or implement Federal 2333 of the Revised Statutes (30 U.S.C. 35, 36, ities is subject to the conditions that tradition- regulations 36 CFR part 223 promulgated on and 37) for placer claims, and section 2337 of the ally govern the use of public money [and] such September 8, 1995. The regulations and interim December 12, 1995 CONGRESSIONAL RECORD — HOUSE H 14295 rules in effect prior to September 8, 1995 (36 CFR upon by the managers and recommended in Datil Well Rec Site reconstruc- 223.48, 36 CFR 223.87, 36 CFR 223 Subpart D, 36 the accompanying conference report. tion, NM ...... 41,000 CFR 223 Subpart F, and 36 CFR 261.6) shall re- The conference agreement on H.R. 1977 in- Encampment River Rec Area, WY 60,000 main in effect. The Secretary of Agriculture or corporates some of the provisions of both the Indian Creek Accessibility Rehab, the Secretary of the Interior shall not adopt any House and the Senate versions of the bill. NV ...... 57,000 policies concerning Public Law 101–382 or exist- Report language and allocations set forth in El Camino Real Int’l Heritage ing regulations that would restrain domestic either House Report 104–173 or Senate Report Ctr., NM–A&E ...... 500,000 transportation or processing of timber from pri- 104–125 which are not changed by the con- Flagstaff Hill, OR ...... 600,000 vate lands or impose additional accountability ference are approved by the committee of requirements on any timber. The Secretary of conference. The statement of the managers, Total ...... 3,115,000 Commerce shall extend until September 30, 1996, while repeating some report language for The managers urge BLM and the non-Fed- the order issued under section 491(b)(2)(A) of emphasis, does not negate the language ref- eral partners to consider during the A&E Public Law 101–382 and shall issue an order erenced above unless expressly provided phase of the El Camino Real International under section 491(b)(2)(B) of such law that will herein. Heritage Center project the fact that future be effective October 1, 1996. The managers have included funding in construction funds are likely to be severely And the Senate agree to the same. each of the land acquisition accounts that is constrained. Amendment numbered 172: not earmarked by individual projects. The PAYMENTS IN LIEU OF TAXES That the House recede from its disagree- managers direct the Department of the Inte- Amendment No. 6: Appropriates $101,500,000 ment to the amendment of the Senate num- rior and the Forest Service to develop a pro- for payments in lieu of taxes instead of bered 172, and agree to the same with an posed distribution of project funding for re- $111,409,000 as proposed by the House and amendment, as follows: view and approval by the House and Senate $100,000,000 as proposed by the Senate. In lieu of the matter proposed by said Committees on Appropriations. In develop- LAND ACQUISITION amendment insert the following: ing the proposed distributions, the agencies Amendment No. 7: Appropriates $12,800,000 SEC. 334. The National Park Service, in ac- are encouraged to give consideration to a cordance with the Memorandum of Agreement for land acquisition instead of $8,500,000 as broader array of projects than was proposed proposed by the House and $10,550,000 as pro- between the United States National Park Service in the FY 1996 budget, including but not lim- and the City of Vancouver dated November 4, posed by the Senate. The $12,800,000 includes ited to, projects for which capability state- $3,250,000 for acquisition management, 1994, shall permit general aviation on its portion ments have been prepared. of Pearson Field in Vancouver, Washington $1,000,000 for emergency and inholding pur- TITLE I—DEPARTMENT OF THE until the year 2022, during which time a plan chases, and $8,550,000 for land purchases. INTERIOR and method for transitioning from general avia- Funds provided under this account for land tion aircraft to historic aircraft shall be com- BUREAU OF LAND MANAGEMENT purchases are subject to the guidelines iden- pleted; such transition to be accomplished by MANAGEMENT OF LANDS AND RESOURCES tified at the front of this statement. that date. This action shall not be construed to Amendment No. 1: Appropriates $568,062,000 OREGON AND CALIFORNIA GRANT LANDS limit the authority of the Federal Aviation Ad- for management of lands and resources in- Amendment No. 8: Appropriates $93,379,000 ministration over air traffic control or aviation stead of $570,017,000 as proposed by the House for Oregon and California grant lands instead activities at Pearson Field or limit operations and $563,936,000 as proposed by the Senate. of $91,387,000 as proposed by the House and and airspace of Portland International Airport. The amendment also adds language to trans- $95,364,000 as proposed by the Senate. And the Senate agree to the same. fer responsibility for mineral assessments in The net increase above the House consists Amendment numbered 173: Alaska from the Bureau of Mines. of a reduction of $900,000 for resources man- That the House recede from its disagree- The net decrease below the House consists agement, and increases of $1,115,000 for facili- ment to the amendment of the Senate num- of decreases of $1,500,000 for wild horse and ties maintenance, and $1,777,000 for Jobs-in- bered 173, and agree to the same with an burro management, $500,000 for threatened the-Woods. amendment: and endangered species, $1,000,000 for recre- The managers are concerned about the In lieu of the matter proposed by said ation wilderness management, $448,000 for many programs in the President’s Forest amendment insert: recreation resources management, $50,000 for Plan designed to provide assistance to tim- SEC. 335. The United States Forest Service ap- coal management, $50,000 for other mineral ber dependent communities in the Pacific proval of Alternative site 2 (ALT 2), issued on resources, $554,000 for land and realty man- Northwest. The managers are disturbed by December 6, 1993, is hereby authorized and ap- agement, $4,000,000 for ALMRS, $500,000 for the inability of the agencies involved to pro- proved and shall be deemed to be consistent administrative support, and $834,000 for bu- vide a detailed accounting of funds appro- with, and permissible under, the terms of Public reau-wide fixed costs; and increases of priated in previous fiscal years in the Presi- Law 100–696 (the Arizona-Idaho Conservation $4,981,000 for Alaska conveyance, $500,000 for dent’s Forest Plan for the unemployed tim- Act of 1988). ber worker programs. And the Senate agree to the same. information systems operations and $2,000,000 for mineral assessments in Alaska The managers expect the Secretary of the RALPH REGULA, formerly funded under the Bureau of Mines. Interior and the Secretary of Agriculture to JOSEPH M. MCDADE, Amendment No. 2: Restores House provi- prepare a detailed accounting and report of JIM KOLBE, sion stricken by the Senate which provides the funds appropriated in fiscal year 1995 for JOE SKEEN, $599,999 for the management of the East Mo- the President’s Forest plan. The report shall BARBARA F. VUCANOVICH, jave National Scenic Area. The Senate had include a careful accounting of appropriated CHARLES H. TAYLOR, no similar provision. The amendment also funding, including: funds appropriated for GEORGE R. NETHERCUTT, adds language earmarking $2,000,000 for min- timber production; administrative expenses, Jr., eral assessments in Alaska. including the number of Federal employees JIM BUNN, Amendment No. 3: Restates the final ap- employed to administer the various aspects BOB LIVINGSTON, propriation amount for management of lands of the President’s plan; funds appropriated Managers on the Part of the House. and resources as $568,062,000 instead of for the various jobs programs under the $570,017,000 as proposed by the House and President’s plan, including but not limited SLADE GORTON, $563,936,000 as proposed by the Senate. to the Jobs in the Woods program; the num- TED STEVENS, ber of individuals employed by these pro- WILDLAND FIRE MANAGEMENT PETE V. DOMENICI, grams; and the average length of employ- MARK O. HATFIELD, Amendment No. 4: Appropriates $235,924,000 ment in the various jobs. The managers ex- CONRAD BURNS, for wildland fire management as proposed by pect the Secretaries to submit the report to ROBERT F. BENNETT, the House instead of $240,159,000 as proposed the Committees no later than March 31, 1996. CONNIE MACK, by the Senate. UNITED STATES FISH AND WILDLIFE SERVICE J. BENNETT JOHNSTON, CONSTRUCTION AND ACCESS Managers on the Part of the Senate. RESOURCE MANAGEMENT Amendment No. 5: Appropriates $3,115,000 Amendment No. 9: Appropriates $497,943,000 for construction and access instead of JOINT EXPLANATORY STATEMENT OF for resource management instead of $2,515,000 as proposed by the House and THE COMMITTEE OF CONFERENCE $497,150,000 as proposed by the House and $2,615,000 as proposed by the Senate. The managers on the part of the House and $501,478,000 as proposed by the Senate. the Senate at the conference on the disagree- The managers agree to the following dis- The net increase above the House consists ing votes of the two Houses on the amend- tribution of funds: of increases of $3,800,000 for cooperative con- ments of the Senate to the bill (H.R. 1977), Sourdough Campground, AK ...... $584,000 servation agreements, $750,000 for listing, making appropriations for the Department Byington Campground, ID ...... 290,000 $2,237,000 for habitat conservation, $1,502,000 of the Interior and related agencies for the West Aravaipa Ranger Station, for migratory bird management, $600,000 for fiscal year ending September 30, 1996, and for AZ ...... 200,000 hatchery operations and maintenance, other purposes, submit the following joint Railroad Flat Campground, CA ... 218,000 $800,000 for fish and wildlife management, statement to the House and the Senate in ex- Penitentie Canyon, CO ...... 220,000 $478,000 for the National Education and planation of the effect of the action agreed James Kipp Campground, MT ...... 345,000 Training Center, and $885,000 for vehicle and H 14296 CONGRESSIONAL RECORD — HOUSE December 12, 1995 aircraft purchase; and reductions of $500,000 Amendment No. 10. Extends availability of WILDLIFE CONSERVATION AND APPRECIATION for recovery, $230,000 for environmental con- $11,557,000 for Lower Snake River compensa- FUND taminants, $6,542,000 for refuge operations tion plan facilities until expended as pro- Amendment No. 16: Appropriates $800,000 and maintenance, and $2,987,000 for posed by the Senate, instead of limiting the for the Wildlife Conservation and Apprecia- servicewide administrative support. availability to September 30, 1997 as pro- tion Fund as proposed by the Senate instead The conference agreement includes posed by the House. of $998,000 as proposed by the House. $3,800,000 for cooperative conservation agree- Amendment No. 11: Includes language pro- Amendment No. 17: Deletes matching re- ments with private landowners to institute posed by the Senate which prohibits listing quirements proposed by the House and effective management measures that make additional species as threatened or endan- stricken by the Senate. The matching re- listing unnecessary. The managers intend gered and prohibits designating critical habi- quirements of the Partnerships for Wildlife that these funds also be used to implement tat during fiscal year 1996 or until a reau- Act will continue to apply, and do not need the 4(d) rule which is intended to ease endan- thorization is enacted. The House had no to be stated in the appropriations act. gered species land use restrictions on small similar provision. landowners. The managers agree that none ADMINISTRATIVE PROVISIONS CONSTRUCTION of the funding for cooperative conservation Amendment No. 18: Provides authority to agreements or listing be used in any way to Amendment No. 12: Appropriates $37,655,000 purchase 113 motor vehicles as proposed by conduct activities which would directly sup- for construction instead of $26,355,000 as pro- the Senate instead of 54 passenger vehicles port listing of species or designating critical posed by the House and $38,775,000 as pro- as proposed by the House. habitat. posed by the Senate. Amendment No. 19: Deletes House prohibi- The managers have included $750,000 under The managers agree to the following dis- tion on purchasing police vehicles. The Sen- the listing program to be used only for tribution of funds: ate had no similar provision. delisting and downlisting of threatened and Bear River Migratory Bird Ref- Amendment No. 20: Includes Senate provi- endangered species in order to ease land use uge, UT, flood repair ...... $1,000,000 sion that the Fish and Wildlife Service may restrictions on private and public lands. Bosque del Apache NWR, NM, re- accept donated aircraft. The House had no The conference agreement includes a re- pair ...... 1,820,000 similar provision. duction of $200,000 from the gray wolf re- Hawaii captive propagation facil- Amendment No. 21: Includes House provi- introduction program. The managers expect ity, HI ...... 1,000,000 sion prohibiting the Fish and Wildlife Serv- the Service to continue the cooperative Mississippi refuges, bridge repair ice from delaying the issuance of a wetlands agreement with the Animal and Plant and equipment ...... 1,120,000 permit for the City of Lake Jackson, TX. Health Inspection Service to provide assist- National Education Training The Senate had no similar provision. ance to ranchers experiencing livestock Center, WV, construction ...... 24,000,000 Amendment No. 22: Modifies Senate provi- losses to wolves. Quivira NWR, KS, water manage- sion on the distribution of refuge entrance The managers agree with the Senate posi- ment ...... 760,000 fees by substituting language which allows tion regarding the continued operation of Russian River, AK, rehab ...... 400,000 the Fish and Wildlife Service to charge rea- Federal fish hatcheries. However, the fund- Southeast Louisiana refuges, sonable fees for expenses associated with the ing provided for hatcheries in total is below rehab ...... 1,000,000 conduct of training programs at the National last year’s level, so reductions will be nec- Wichita Mountains NWR, OK, Education and Training Center. Any fees col- essary. The managers encourage those non- Grama Lake and Comanche lected for this purpose will be used to cover Federal parties that have expressed an inter- Dams, repair ...... 700,000 costs associated with the operation of this est in participating in hatchery transfers to Dam safety, servicewide inspec- facility. The House had no similar provision. continue to pursue this option, and the Serv- tions ...... 460,000 Amendment No. 23: Modifies Senate provi- ice should provide the transitional assist- Bridge safety, servicewide inspec- sion regarding use of pesticides on farmland ance for such efforts as was contemplated in tions ...... 395,000 within wildlife refuges in the Klamath Basin. the budget. Within the funds restored for Emergency projects—servicewide 1,000,000 The amendment is based, in part, upon the hatchery operations and maintenance, Construction management— Service’s representation that it has already $500,000 is provided only for maintenance of servicewide ...... 4,000,000 approved or anticipates approval of certain those hatcheries transferred during fiscal materials that are needed for farming during year 1996. Total ...... 37,655,000 this fiscal year and that it will consider The managers reiterate, however, the need The managers expect the Department to other materials for 1996 and subsequent for the working group proposed by the Sen- include the remaining funding necessary to years. If these approvals do not occur or are ate to identify, by March 1, 1996, savings complete the construction of the National withdrawn, the Senate language will prevail from the fisheries program that equal or sur- Education and Training Center in the fiscal and growers will be subject to the same re- pass the savings associated with the hatch- year 1997 budget. strictions as growers on private lands. Al- ery transfers or closures proposed in the NATURAL RESOURCE DAMAGE ASSESSMENT lowing the pesticide use proposal process to budget. Outyear funding for fisheries and Amendment No. 13: Appropriates $4,000,000 remain in effect for the next fiscal year will other programs cannot be assured at a time enable growers and the Federal government of declining budgets, and future transfer pro- for the natural resource damage assessment fund as proposed by the Senate instead of to work constructively toward an agreeable posals might not involve transitional assist- process. ance. The managers expect that there will be $6,019,000 as proposed by the House. NATURAL RESOURCES SCIENCE AGENCY significantly fewer Federal fish hatcheries The reductions below the House consist of by the end of fiscal year 1997. $1,597,000 for damage assessments and $422,000 RESEARCH, INVENTORIES AND SURVEYS The National Fish and Wildlife Foundation for program management. Amendment No. 24: Deletes Senate lan- is funded at a level of $4,000,000. The House LAND ACQUISITION guage providing $145,965,000 for a natural re- recommended that no funds be provided for Amendment No. 14: Appropriates $36,900,000 sources science agency and providing guid- this purpose in the future. The Senate took for land acquisition instead of $14,100,000 as ance on the operation of that agency. This no position regarding outyear funding for proposed by the House and $32,031,000 as pro- agency would have replaced the National Bi- the Foundation. posed by the Senate. The $36,900,000 includes ological Service. The House had no similar The managers direct the Department to re- $8,000,000 for acquisition management, provision. The managers have agreed to instate its 1992 policy, modified to reflect $1,000,000 for emergency and hardship pur- eliminate the National Biological Service public comments received, regarding permit chases, $1,000,000 for inholding purchases, and to fund natural resources research as terms and conditions for hunting and fishing $1,000,000 for land exchanges, and $25,900,000 part of the U.S. Geological Survey as pro- guides in Alaska providing permit terms of 5 for refuge land purchases. posed by the House. This item is discussed in years with one renewal period of 5 years, Funds provided under this account for land more detail under amendment Nos. 42 and 43. transferability under prescribed conditions, purchases are subject to the guidelines iden- NATIONAL PARK SERVICE and a right of survivorship. At such time as tified at the front of this statement. the new policy is implemented, existing per- OPERATION OF THE NATIONAL PARK SYSTEM mits should be reissued consistent with this NORTH AMERICAN WETLANDS CONSERVATION Amendment No. 25: Appropriates policy. The managers note that the existing FUND $1,083,151,000 for operation of the National policy limiting terms to one year makes it Amendment No. 15: Appropriates $6,750,000 park system instead of $1,088,249,000 as pro- impossible to obtain financing for guiding for the North American Wetlands Conserva- posed by the House and $1,092,265,000 as pro- operations while the limit on transferability tion Fund as proposed by the Senate instead posed by the Senate. The reduction from the and survivorship prevent long-time family of $4,500,000 as proposed by the House. Senate level reflects the transfer of the businesses from continuing upon the death The increase above the House includes equipment replacement account back to the or illness of the permit holder. $2,230,000 for habitat management and $20,000 construction account. The managers recognize the Fish and Wild- for administration. In keeping with the demands placed on life Service’s fisheries mitigation respon- The House recommended that no funds be other Interior bureaus, the managers have sibilities pursuant to existing law and expect provided for this purpose in the future. The not funded uncontrollable costs and expect the working group to take into account such Senate took no position regarding outyear these costs to be absorbed through reduc- responsibilities. funding for this program. tions to levels of review and management. December 12, 1995 CONGRESSIONAL RECORD — HOUSE H 14297 Efficiencies should also be sought by explor- jave National Preserve that gives proper bal- Assateague National Sea- ing opportunities that exist and have been ance to: shore, MD (erosion con- outlined in GAO reports to co-locate and 1. Pre-existing uses of the area: trol) ...... 300,000 combine functions, systems, programs, ac- 2. The full range of compatible rec- Blackstone River Valley tivities or field locations with other Federal reational uses of the Mojave; National Heritage Cor- land management agencies. 3. Modes of transport, including vehicle, bi- ridor MA/RI (interpretive The managers are concerned about the cycle, foot, helicopter, fixed-wing aircraft, project) ...... 300,000 costs associated with the current reorganiza- and other appropriate means; Blue Ridge Parkway, tion effort and strongly urge the NPS to 4. Legal access for private lands and inter- Hemphill Knob, NC (ad- limit expenditures for task forces, work ests which remain within the boundary of ministration building) .... 1,030,000 groups and employee details and special as- the Preserve; Cane River Creole National sistants. The managers request that a report 5. Public education on the history of Historic Park, LA (pres- be submitted by February 1, 1996, detailing a human use of the desert, on the native biota ervation and stabiliza- budget history of past costs and future esti- of the desert, and on the appropriate balance tion) ...... 4,000,000 mated costs associated with the reorganiza- between these sometimes competing ele- Chickasaw National Recre- tion. ments; ation Area, OK (camp- The managers expect a report within 45 6. The adoption of necessary management ground rehabilitation) .... 1,624,000 days of enactment of this Act identifying policies for the Mojave which assure long- Chamizal National Monu- NPS’ preliminary allocations for fiscal year term sustainability of the species, habitats, ment, TX (rehabilitation) 300,000 1996. This report will serve as the baseline and ecosystems of the desert, including the Crater Lake National for any reprogrammings in fiscal year 1996. humans; and Park, OR (dormitories In considering these allocations, the man- 7. Consideration of ways to assure a con- construction) ...... 10,000,000 Cuyahoga National Recre- agers expect that none of the programmatic tinuous Heritage Trail corridor through the ation Area, OH (site and increases requested in the budget are to be Preserve in order to provide public access structure rehabilitation) 2,500,000 considered except those necessary to meet over the historic route. Delaware Water Gap Na- specific park operating needs. This includes It is the intent of the managers during this tional Recreation Area, new and expanded programs. Any new initia- interim period, while the Park Service pre- PA (trails rehabilitation) 1,050,000 tive such as those related to training, reor- pares this plan, that the Bureau of Land Everglades National Park, ganization or national service should be ad- Management manage the day-to-day oper- FL (water delivery sys- dressed through the reprogramming process. ations of the Preserve; $599,999 has been pro- The managers expect that the National tem modification) ...... 4,500,000 vided for this specific purpose. The Depart- Fort Necessity National Park Service will use these operating funds ment may not transfer any of these operat- for core park programs. Battlefield, PA (rehabili- ing funds to the National Park Service or tation) ...... 265,000 The managers expect that the principle any other entity within the Department of goal of the reorganization plan which is to Fort Smith National His- the Interior during fiscal year 1996. toric Site, AR (rehabili- relocate staff from central and regional of- At the present of the Bureau of Land Man- fices to the parks, will greatly alleviate the tation) ...... 500,000 agement, the managers do not object to the Gateway National Recre- pressures placed on parks by increased visi- temporary detail of a small number of sea- tation. ation Area, NY (Jacob sonal employees from nearby Park Service Riis Park rehabilitation) 1,595,000 The managers understand that in Septem- units. ber 1995, a delegation from the World Herit- General Grant National age Committee of the United Nations Edu- NATIONAL RECREATION AND PRESERVATION Memorial, NY (rehabili- cational, Scientific and Cultural Organiza- Amendment No. 27: Appropriates $37,649,000 tation) ...... 1,000,000 tion held hearings in Montana regarding Yel- for National recreation and preservation in- Gettysburg National Mili- lowstone National Park and surrounding stead of $35,725,000 as proposed by the House tary Park, PA (water and areas. The managers understand that the and $38,094,000 as proposed by the Senate. sewer lines) ...... 2,550,000 Glacier National Park, MT World Heritage Committee has neither the The reduction of $445,000 in Statutory and (rehabilitate chalets) ..... 328,000 authority nor the ability to require the Fed- Contractual Aid from the Senate amount re- Grand Canyon National eral or State governments to change, modify flects the elimination of $23,000 for the Maine Park, AZ: Transpor- or amend management directions or to cre- Acadian Cultural Preservation Commission and a reduction of $442,000 for the Native Ha- tation ...... 1,000,000 ate, manage or maintain buffer zones to pro- Gulf Islands National Sea- tect resources. In the event the World Herit- waiian Culture and Arts program. Amendment No. 28: Earmarks $236,000 for shore, MS (erosion con- age Committee, or any other organization, trol) ...... 600,000 recommends non-binding steps to protect re- the William O. Douglas Outdoor Education Center as proposed by the Senate instead of Harpers Ferry National sources in the Yellowstone area, the man- Historical Park, WV agers expect the National Park Service, as $248,000 as proposed by the House. As discussed under amendment No. 155, no (utilities and phone well as any other affected Federal agency, to lines) ...... 455,000 follow the regular planning process, includ- funds are provided for the Mississippi River Corridor Heritage Commission. Within funds Hot Springs NP, AR (sta- ing full public involvement, before imple- bilization/Lead Point) .... 500,000 menting any management changes. provided, the National Park Service shall publish the final report and enter into no James A. Garfield National The managers have agreed to the House po- Historic Site, OH (reha- sition regarding the termination of the other activities related to this corridor. The funds included in the Senate bill for the bilitation/development) .. 3,600,000 Pennsylvania Avenue Development Corpora- Jean Lafitte National Park Commission have been transferred to the riv- tion and the transfer of certain specific ac- and Preserve, LA (com- ers and trails program. tivities to other agencies including the Na- plete repairs) ...... 2,100,000 tional Park Service. This item is discussed HISTORIC PRESERVATION Klondike Gold Rush Na- in greater detail in amendment number 151 Amendment No. 29: Appropriates $36,212,000 tional Historical Park, in Title III. for the Historic Preservation Fund instead of AK (restore Skagway his- Amendment No. 26: Revises House lan- $37,934,000 as proposed by the House and toric district ...... 850,000 guage stricken by the Senate to provide for $38,312,000 as proposed by the Senate. Lackawanna Valley, PA the use of up to $500,000 for the development The managers have provided $32,712,000 for (technical assistance) ..... 400,000 of a management plan for the Mojave Na- State grants and $3,500,000 for the National Lake Chelan National tional Preserve. Trust for Historic Preservation. Recreation Area, WA The National Park Service is directed to The managers agree to a three year period (planning and design for develop a long-term management plan for of transition of the National Trust for His- repair of Company Creek the Mojave National Preserve that incor- toric Preservation to replace Federal funds Road) ...... 280,000 porates traditional uses and recognizes budg- with private funding. Little River Canyon Na- etary constraints. The managers have per- CONSTRUCTION tional Park, AL (health mitted up to $500,000 to be used for this spe- Amendment No. 30: Appropriates and safety) ...... 460,000 cific purpose. Such funds must be derived Mount Rainier National $143,225,000 for construction instead of from the Office of the Director of the Na- Park, WA (replace em- $114,868,000 as proposed by the House and tional Park Service and funds may not be re- ployee dormitory) ...... 6,050,000 $116,480,000 as proposed by the Senate. programmed from any other source within Natchez Trace Parkway, The managers agree to the following dis- the National Park Service or the Depart- MS ...... 3,000,000 tribution of funds: ment of the Interior to replenish the Office National Capital Parks— of the Director account. Andersonville National Central, DC (Lincoln/Jef- The management plan shall set forth a vi- Historic Site, GA (pris- ferson memorials reha- sion for public use of and access to the Mo- oner of war museum) ...... $2,800,000 bilitation) ...... 4,000,000 H 14298 CONGRESSIONAL RECORD — HOUSE December 12, 1995 New River Gorge National Florida. Authority exists for the Department States, local governments and other public River, WV (trails, visitor to use land acquisition funds for a grant to and private entities, to accomplish, but not access and hazardous ma- the State of Florida if approved pursuant to be limited to, such projects as scientific re- terials) ...... 625,000 the procedures identified for land acquisition search with universities, joint maintenance President’s Park, DC: Re- in fiscal year 1996. operations with adjoining state parks, herit- place White House elec- Amendment No. 35: Modifies language pro- age partnerships, long-range trail develop- trical system ...... 1,100,000 posed by the Senate which requires that ment with a variety of entities, and other Sagamore Hill National funds which may be made available for the similar programs. The House had no similar Historic Site, NY (water acquisition of the Elwha and Glines dams provision. and sewer lines) ...... 800,000 shall be used solely for acquisition, and shall Amendment No. 39: Modifies Senate lan- Salem Maritime National not be expended until the full purchase guage regarding a feasibility study for a Historic Site, MA (vessel amount has been appropriated by the Con- northern access route into Denali National exhibit) ...... 2,200,000 gress. The House had no similar provision. Park and Preserve in Alaska. The modifica- Saratoga National Histori- Consistent with the direction for the land ac- tion is to require that the study also be sub- cal Park, NY (monument quisition accounts, no specific earmark is mitted to the House and Senate Committees rehabilitation) ...... 2,000,000 provided for this project. Under the proce- on Appropriations. Sequoia National Park, CA dures identified for land acquisition, how- Amendment No. 40: Deletes Senate lan- (replace Giant Sequoia ever, funds could be made available for the guage regarding the Stampede Creed Mine at facilities) ...... 3,700,000 Elwha and Glines dams. Denali National Park in Alaska. The House Southwestern Pennsylva- The Elwha Act, P.L. 102–495, authorizes the had no similar provision. nia Commission (various purchase of the Elwha and Glines dams by If requested by the University of Alaska at projects) ...... 2,000,000 the Secretary of the Interior at a total pur- Fairbanks, the National Park Service shall Stones River National Bat- chase price of $29,500,000. Recognizing the se- enter into negotiations regarding a memo- tlefield, TN (stablization) 200,000 rious funding constraints under which the randum of understanding for continued use Thomas Stone Historic Committees are operating, bill language has of the Stampede Creek mine property. The Site, MD (rehabilitation) 250,000 been included which authorizes funding to be Park Service should report to the relevant Western Trails Center, IA . 3,000,000 provided over a period of years, as necessary, Congressional committees by May 1, 1996 on Wrangell-St. Elias Na- in order to acquire the dams. The bill lan- an assessment of damages resulting from the tional Park and Pre- guage specifies that the appropriated funds April 30, 1987 explosion. The repair or re- serve, AK (Kennicott may only be used for acquisition. Appro- placement should be to the same condition Mine site safety and re- priated funds cannot be expended until the as existed on April 30, 1987. If the University habilitation) ...... 1,500,000 total purchase price of $29,500,000 is appro- of Alaska at Fairbanks seeks to replace the Yosemite National Park, priated. facilities, the Park Service should consider CA (El Portal mainte- Under the Elwha Act, the Secretary is au- working with the Army to assist in any com- nance facilities) ...... 9,650,000 thorized to study the benefits of the removal pensation to which the University of Alaska Zion National Park, UT of both dams, and to assess the costs of such at Fairbanks may be eligible since the Army (transportation system a removal to restore fish runs in the Elwha assisted the National Park Service with the facilities) ...... 5,200,000 River. The managers continue to be dis- explosives work conducted at Stampede turbed greatly by the early projections from Creek on April 30, 1987. Subtotal, line item con- the Administration of costs that range from UNITED STATES GEOLOGICAL SURVEY struction ...... 90,162,000 $80–$300 million for dam removal. Due to the SURVEYS, INVESTIGATIONS, AND RESEARCH Emergency, unscheduled, lack of available funds, the managers strong- Amendment No. 41: Appropriates housing ...... 13,973,000 ly discourage the Administration and those $730,503,000 for surveys, investigations and Planning ...... 17,000,000 parties supporting dam removal from con- research instead of $686,944,000 as proposed by Equipment replacement .... 14,365,000 tinuing to support such a policy. Instead, the the House and $577,503,000 as proposed by the General management plans 6,600,000 managers encourage interested parties to Special resource studies .... 825,000 Senate. The amendment also provides au- pursue other, less costly alternatives to Strategic planning office ... 300,000 thority for minerals information activities achieve fish restoration. The managers urge formerly conducted in the Bureau of Mines. parties interested in the Elwha Act to work Total ...... 143,225,000 Changes to the amount proposed by the to find, within the next year, a more fiscally House include increases of $24,112,000 for nat- The bill provides $1,000,000 for transpor- responsible and achievable solution to fish- ural resources research, $16,000,000 for min- tation related activities at Grand Canyon ery restoration in lieu of dam removal. If no erals information activities transferred from National Park. These funds are to be made conclusion can be reached on this issue, the the Bureau of Mines and $4,000,000 for univer- available for transportation projects that appropriations committee, working with the sity earthquake research grants, and de- the Superintendent of the Grand Canyon authorizing committees, will be forced to creases in Federal water resources investiga- Park has identified as high priority. There- work to find a legislative solution to the tions of $176,000 for data collection and anal- fore, it is the intent of the managers that problem. ysis and $100,000 for hydrology of critical these moneys be used for any transportation The managers have included $1,500,000 for aquifers and a decrease of $277,000 in the Na- related expenditure, including the design of administration of the state grant program. tional mapping program for cartographic and new transportation facilities and the pur- These funds are provided only to close down geographic research. chase of new buses. ongoing projects. No funds are provided for The managers have provided $4,000,000 for The managers encourage the National new grants and the managers intend that no university research in the earthquakes pro- Park Service to proceed expeditiously with funds will be provided in the future. gram. If there is a compelling need for addi- the necessary work at Cane River Creole ADMINISTRATIVE PROVISIONS tional funds in this program in fiscal year NHP, LA. Amendment No. 36: Retains Senate lan- 1996 and an acceptable funding offset can be Amendment No. 31: Earmarks $4,500,000 for guage regarding an agreement for the rede- justified, the USGS should notify the Com- the Everglades as proposed by the Senate in- velopment of the southern end of Ellis Island mittees following the existing reprogram- stead of $6,000,000 as proposed by the House. and providing for Congressional review. Iden- Amendment No. 32: Retains the Senate ming guidelines. The Committees will con- tical language has been included in previous provision indicating Historic Preservation sider any such request on its merits. interior appropriations bills. The managers understand that the USGS is funds may be available until expended to sta- Amendment No 37: Modifies language pro- constrained from releasing certain informa- bilize buildings associated with the Kenni- posed by the Senate to clarify that funds tion under interagency agreement No. cott, Alaska copper mine. The House had no may not be used by the National Park Serv- AGP00473.94 with the Bureau of Indian Af- similar provision. ice for activities taken in direct response to fairs absent the approval of the BIA. This LAND ACQUISITION the United Nations Biodiversity Convention. issue is discussed in more detail in the BIA Amendment No. 33: Appropriates $49,100,000 The House had no similar provision. section of this statement. for land acquisition instead of $14,300,000 as Amendment No. 38: Modifies Senate lan- The managers have agreed to fund a com- proposed by the House and $45,187,000 as pro- guage to authorize the National Park Serv- petitive program for the water resources re- posed by the Senate. The $49,100,000 includes ice (NPS) to enter into cooperative agree- search institutes with at least a 2 to 1 fund- $7,200,000 for acquisition management, ments not only for the American Battlefield ing match from non-Federal sources. The $3,000,000 for emergency and hardship pur- Program as proposed by the Senate but also managers expect that this approach likely chases, $3,000,000 for inholding purchases, to carry out its other statutory programs. will lead to the closure of some of the insti- $1,500,000 for State grant administration, and Current authority is not adequate to allow tutes. The managers recommend that in fis- $34,400,000 for other land purchases. the NPS to pursue a range of partnership op- cal year 1996 a modest base grant of $20,000 Amendment No. 34: Deletes the earmark portunities which would benefit our National per participating institute be provided with inserted by the House and stricken by the parks and programs. This language will en- the balance of the funding for the program to Senate for Federal assistance to the State of able NPS to enter into such agreements with be competitively awarded based on National December 12, 1995 CONGRESSIONAL RECORD — HOUSE H 14299 program priorities established by the USGS. request for fiscal year 1997 will require proposed by the Senate instead of $12,400,000 The need for continuing a small base grant amendment subsequent to its submission to as proposed by the House. beyond fiscal year 1996 should be carefully reflect appropriately this consolidation. To Amendment No. 46: Permits the use of ad- examined by the USGS in the context of its reiterate, this merger is intended to be per- ditional receipts for Outer Continental Shelf fiscal year 1997 budget priorities. The man- manent and should be implemented fully by program activities in addition to the tech- agers do not object to competitions being re- October 1, 1996. nical information management system as gionally-based if that approach is deter- During fiscal year 1996 the Department and proposed by the Senate. The House had no mined by the USGS to be the most produc- the USGS are prohibited from similar provision. tive, from the standpoint of meeting the reprogramming funds from other USGS pro- BUREAU OF MINES most compelling information needs, and the grams and activities for any program or ac- MINES AND MINERALS most cost effective. If a regional approach is tivity within the Department for natural re- Amendment No. 47: Appropriates $64,000,000 selected, the managers suggest that the sources research activities. USGS regions be consolidated so that there The managers also have agreed to provide for mines and minerals instead of $87,000,000 are no more than 4 or 5 large regional areas. $16,000,000 for minerals information activi- as proposed by the House and $128,007,000 as The competition should not be structured to ties, transferred from the Bureau of Mines. proposed by the Senate. The conference ensure that every participating institute in a The funding represents a reduction from the agreement provides for the transfer of health region gets a competitive award. The USGS fiscal year 1995 level and may require signifi- and safety research to the Department of En- should report to the Committees in the fiscal cant downsizing and restructuring of the ergy (see amendment No. 110). The $64,000,000 year 1997 budget submission on how the com- program. The USGS should oversee the provided for mines and minerals is to be used petition is to be structured and should report refocusing of the program. Until such for the orderly closure of the Bureau of in subsequent budget submissions on the dis- downsizing is completed, the program should Mines. tribution of competitively awarded grants by remain a separate and distinct budget and The managers expect that the health and institute. organizational entity within the USGS. To safety functions in Pittsburgh, PA and Spo- Amendment No. 42: Earmarks $137,000,000 the extent job vacancies occur in the trans- kane, WA will be continued under the De- for natural resources research and coopera- ferred program in fiscal year 1996, they partment of Energy as will the materials tive research units instead of $112,888,000 as should be filled with Bureau of Mines em- partnerships program in Albany, OR. The proposed by the House. The Senate rec- ployees subject to termination or reduction- U.S. Geological Survey will assume respon- ommended funding this research under a sep- in-force. The managers understand that the sibility for the minerals information pro- arate account and at a level of $145,965,000 as existing USGS mineral resources survey ac- gram in Denver, CO and Washington, DC. discussed in amendment No. 24. The amend- tivity is undergoing a restructuring and The Bureau of Land Management will as- ment also earmarks $16,000,000 for minerals downsizing and expect that effort and the re- sume responsibility for mineral assessments information activities transferred from the quired downsizing of the minerals informa- in Alaska. The managers do not object to a Bureau of Mines, mines and minerals ac- tion program to proceed independently. limited number of administrative support count (see amendment No. 47). When both downsizing efforts are completed, personnel being maintained in these loca- The managers agree that natural resources a single, refocused minerals program should tions. All other functions of the Bureau of research in the Department of the Interior be created which combines the minerals in- Mines will be terminated and all other Bu- should be organized in a manner that ensures formation activities transferred from the reau locations will be closed. The funds pro- that it is independent from regulatory con- Bureau of Mines with other USGS mineral vided under this head should be sufficient to trol and scientifically excellent. The man- resources work. provide termination costs and to provide for agers intend the merger of these research ac- Amendment No. 43: Modifies language in- environmental cleanup costs and for the re- tivities into the USGS to be permanent. The serted by the House and stricken by the Sen- quired oversight and closeout of contracts. USGS is directed to plan and manage the re- ate providing guidance on the conduct of The managers understand that some con- structuring and downsizing of the former Na- natural resources research. The change to tracts will require oversight through a log- tional Biological Service. Retrenchments re- the House position expands the prohibition ical completion point to ensure that the Fed- quired to remain within the reduced level of on the use of funds for new surveys on pri- eral investment is not lost. One example is appropriations for the former NBS are to vate property to include new aerial surveys the construction associated with the Casa occur predominately in administrative, man- for the designation of habitat under the En- Grande in situ copper leaching program. The agerial and other headquarters support func- dangered Species Act unless authorized in managers expect that there will be few such tions of that organization so as to maintain, writing by the property owner. With respect cases and expect the Secretary to notify the to the maximum extent possible, scientific to natural resources research activities, the Committees of the rationale for continuing and technical capabilities. managers agree that funds may not be used specific contracts, not transferred to DOE, The managers expect the agency to work for new surveys on private property without BLM or USGS, beyond the closure of the Bu- closely with the land management agencies the written consent of the land owner, that reau. The managers expect the Secretary to to identify priority science needs of concern volunteers are to be properly trained and proceed apace with the termination of the to the Department’s land managers on the that volunteer-collected data are to be veri- Bureau using the funds provided herein. ground. The managers are concerned that fied carefully. The amendment also transfers OFFICE OF SURFACE MINING RECLAMATION AND natural resource research be linked closely authority from the Bureau of Mines to the ENFORCEMENT to management issues. In addition, attention Director of the USGS to conduct mineral REGULATION AND TECHNOLOGY should be provided to information related to surveys, consistent with the funding for that wildlife resources entrusted to the steward- Amendment No. 48: Appropriates $95,970,000 purpose earmarked under amendment No. 42. ship of the Department; fisheries, including for regulation and technology as proposed by restoration of depleted stocks; fish propaga- MINERALS MANAGEMENT SERVICE the Senate instead of $93,251,000 as proposed tion and riverine studies; aquatic resources; ROYALTY AND OFFSHORE MINERALS by the House. nonindigenous nuisances that affect aquatic MANAGEMENT ABANDONED MINE RECLAMATION FUND ecosystems; impacts and epidemiology of Amendment No. 44: Appropriates Amendment No. 49: Appropriates disease on fish and wildlife populations; $182,994,000 for royalty and offshore minerals $173,887,000 for the abandoned mine reclama- chemical drug registration for aquatic spe- management instead of $186,556,000 as pro- tion fund instead of $176,327,000 as proposed cies; and effective transfer of information to posed by the House and $182,169,000 as pro- by the House and $170,441,000 as proposed by natural resources managers. posed by the Senate. Changes to the amount the Senate. During fiscal year 1996, funds appropriated proposed by the House include decreases in The net decrease below the House consists for the functions of the former NBS shall re- information management of $151,000 for the of reductions of $500,000 for donations, main a separate entity, titled ‘‘natural re- absorption of fixed cost increases and $2,000,000 for reclamation program oper- sources research’’, within the USGS. Upon $3,000,000 which is offset by the authority to ations, and $93,000 for administrative sup- completion of the necessary downsizing, and use additional receipts as provided in amend- port; and increases of $13,000 for executive di- no later than nine months after enactment ment Nos. 45 and 46; and decreases in general rection and $140,000 for general services. of this legislation, the managers direct the administration of $306,000 for administrative Amendment No. 50: Deletes House earmark USGS to provide the Committees with a operations and $105,000 for general support of $5,000,000 for the Appalachian Clean final plan for the permanent consolidation services. Streams Initiative. The Senate had no simi- and integration of natural resources research The managers agree that the independent lar provision. functions into the USGS. As of October 1, review of the royalty management program Amendment No. 51: Deletes House provi- 1996, employees of the former NBS shall be which was recommended by the House should sion that allowed the use of donations for subject to the same administrative guide- not be conducted until the disposition of the the Appalachian Clean Streams Initiative. lines and practices followed by the USGS in- hardrock minerals program is legislatively The Senate had no similar provision. cluding peer review of research and inves- resolved. Accordingly, no funds are ear- Amendment No. 52: Includes Senate provi- tigations, maintenance of objectivity and marked for this effort in fiscal year 1996. sion which allows States to use part of their impartiality, and ethics requirements re- Amendment No. 45: Provides for the use of reclamation grants as a funding match to garding financial disclosure and divestiture. $15,400,000 in increased receipts for the tech- treat and abate acid mine drainage, consist- The managers expect that the USGS budget nical information management system as ent with the Surface Mining Control and H 14300 CONGRESSIONAL RECORD — HOUSE December 12, 1995 Reclamation Act (SMCRA). The House had proposed by the Senate. The House had no The managers expect the Bureau of Indian no similar provision. similar provision. Affairs to direct the U.S. Geological Survey BUREAU OF INDIAN AFFAIRS Amendment No. 60: Earmarks $71,854,000 to provide for the public release of all inter- OPERATION OF INDIAN PROGRAMS for housing improvement, road maintenance, pretations of data and reports (draft and attorney fees, litigation support, self-govern- Amendment No. 53: Appropriates final) completed under interagency agree- ance grants, the Indian Self-Determination $1,384,434,000 for the Operation of Indian Pro- ment number AGP00473.94 and all related Fund, and the Navajo-Hopi settlement pro- grams instead of $1,509,628,000 as proposed by amendments immediately upon completion gram instead of $74,814,000 as proposed by the the House and $1,261,234,000 as proposed by of the water studies. Within 15 days of enact- House and $62,328,000 as proposed by the Sen- the Senate. Changes to the amount proposed ment of this Act the BIA shall report to the by the House from Tribal Priority Alloca- ate. Committees its decision as to whether or not Amendment No. 61: Deletes a reference to tions include decreases of $1,500,000 for con- it will direct the USGS to provide for the trust fund management as proposed by the tract support, $4,000,000 for small and needy public release of the information. If the BIA Senate. Responsibility for trust fund man- tribes, and a general reduction of $92,136,000. does not allow for the public release of the Changes from Other Recurring Programs agement has been transferred to the Office of information, the BIA should immediately include: increases of $1,109,000 for ISEP for- Special Trustee for American Indians. cancel the interagency agreement with the mula funds, $1,000,000 for student transpor- Amendment No. 62: Deletes reference to USGS. tation, and $73,000 for Lake Roosevelt; and the statute of limitations language, as pro- The managers have not agreed to the Sen- decreases of $1,109,000 for ISEP adjustments, posed by the Senate. This language is in- ate amendment regarding a prohibition of $1,000,000 for early childhood development, cluded in the Office of Special Trustee for the use of funds for travel and training ex- and $1,186,000 for community development— American Indians (amendment No. 80). penses for the BIA. However, the BIA is ex- Amendment No. 63: Retains Senate lan- facilities O&M; and a transfer of $3,047,000 pected to follow the guidance detailed in the guage on the use of up to $8,000,000 in unobli- from trust services to the Office of Special discussion of Amendment No. 163. gated balances for employee severance, relo- Trustee for American Indians. CONSTRUCTION cation, and related expenses and inserts new Changes from Nonrecurring Programs in- Amendment No. 64: Appropriates clude: increases of $400,000 for Self Deter- language regarding the effective date when schools can adjust salary schedules. The $100,833,000 for construction instead of mination grants, $1,500,000 for community $98,033,000 as proposed by the House and economic development grants, $250,000 for House had no similar provision. The managers agree that: $107,333,000 as proposed by the Senate. technical assistance, and $1,500,000 for water 1. Under Other Recurring Programs $409,000 Changes to the amount proposed by the rights negotiations; and decreases of $442,000 is earmarked for Alaska legal services and House include increases of $4,500,000 for the for attorney fees and $125,000 for resources salmon studies. Chief Leschi School, and $2,500,000 for the management for absorption of pay costs. 2. Not more than $297,000 shall be available fire protection program, and decreases of Changes from Central Office Operations in- for a grant to the Close Up Foundation. $3,700,000 for the Navajo irrigation project clude: a decrease of $126,000 for the substance 3. Amounts specifically earmarked within and $500,000 for engineering and supervision. abuse coordination office, a decrease of the bill for Tribal Priority Allocations are The managers agree that the Chief Leschi $2,000,000 for education program manage- subject to the general reduction identified School complex project will be phased in ment, a $12,477,000 transfer from trust serv- for Tribal Priority Allocations. The man- over a two-year period. ices to the Office of Special Trustee for agers expect the Bureau to allocate the gen- The managers agree that funding provided American Indians, a transfer of $447,000 from eral reduction in a manner that will not for construction projects should include the general administration to the Office of Spe- jeopardize funding provided from the High- entire cost of a given project, which elimi- cial Trustee for American Indians, and a gen- way Trust Fund for road maintenance. In ad- nates the need for a separate appropriation eral reduction of $14,400,000. dition, the general reduction should not be for contract support. Changes from Area Office Operations in- applied to the $750,000 allocated for the Fi- INDIAN LAND AND WATER CLAIM SETTLEMENTS clude a transfer of $2,367,000 from trust serv- nancial Management Improvement Team AND MISCELLANEOUS PAYMENT TO INDIANS ices to the Office of Special Trustee for and for small and needy tribes. BIA should American Indians and a general reduction of Amendment No. 65: Appropriates $80,645,000 ensure that compacting and non-compacting $14,447,000. for Indian land and water claim settlements Changes from Special Programs and tribes are treated consistently, except for and miscellaneous payments to Indians in- Pooled Overhead include: increases of compacting tribes who meet the criteria for stead of $75,145,000 as proposed by the House $1,337,000 for special higher education schol- small and needy tribes. and $82,745,000 as proposed by the Senate. arships, $962,000 for the Indian Arts and 4. BIA should provide consistent treatment Amendment No. 66: Earmarks $78,600,000 Crafts Board, $1,780,000 for intra-govern- in allocating funds for small and needy for land and water claim settlements as pro- mental billings, and $57,000 for direct rentals; tribes and new tribes. Allocations should be posed by the Senate instead of $73,100,000 as and decreases of $866,000 for the Indian Child based on recommendations of the Joint Re- proposed by the House. Changes to the Welfare Act, $1,500,000 for employee displace- organization Task Force. amount proposed by the House include an in- 5. No funds are provided for the school sta- ment costs, $141,000 for personnel consolida- crease of $5,500,000 for the Ute Indian settle- tistics initiative. If the BIA wishes to pursue tion, $664,000 for GSA rentals, $1,666,000 for ment. this initiative, the Committees will consider human resources development, and a $23,000 Amendment No. 67: Earmarks $1,000,000 for a reprogramming request. general reduction. trust fund deficiencies as proposed by the Amendment No. 54: Deletes Senate ear- 6. Several steps must be completed before House instead of $3,100,000 as proposed by the mark of $962,000 for the Indian Arts and schools can adjust salary schedules. For this Senate. reason, bill language is included that will Crafts Board. The House had no similar pro- TECHNICAL ASSISTANCE OF INDIAN ENTERPRISES vision. The managers agree that within Spe- provide this authority beginning with the 1997–98 school year. The managers expect Amendment No. 68: Appropriates $500,000 cial Programs/Pooled Overhead, $962,000 is for technical assistance instead of $900,000 as earmarked for the Indian Arts and Crafts that within 30 days after enactment of this Act BIA should provide the Committees with proposed by the Senate and no funds as pro- Board. In light of declining budgets, future posed by the House. funding for this program should be provided a plan and time schedule advising how BIA through non-Federal sources. will adjust salary schedules by the 1997–98 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT Amendment No. 55: Earmarks $104,626,000 school year. The managers expect BIA to en- Amendment No. 69: Appropriates $5,000,000 for contract support costs as proposed by the sure that all necessary steps are taken to fa- for guaranteed loans instead of $7,700,000 as Senate instead of $106,126,000 as proposed by cilitate changes in salary rates for any proposed by the Senate and no funds as pro- the House and adds language earmarking schools desiring to use non-DOD pay rates. posed by the House. $100,255,000 for welfare assistance. 7. $16,338,000 from the Operation of Indian The managers agree that $4,500,000 is for Amendment No. 56: Earmarks up to Programs should be transferred to the Office the cost of guaranteed loans and $500,000 is $5,000,000 for the Indian Self-Determination of Special Trustee for American Indians (see for administrative expenses. Amendment No. 80). fund as proposed by the Senate instead of TERRITORIAL AND INTERNATIONAL AFFAIRS $5,000,000 as proposed by the House. The managers have agreed to a reduction Amendment No. 57: Earmarks $330,711,000 of $2,000,000 for education program manage- ASSISTANCE TO TERRITORIES for school operations costs as proposed by ment in the Central Office Operations pro- Amendment No. 70: Appropriates $65,188,000 the House instead of $330,991,000 as proposed gram. No reduction has been included for for Assistance to Territories instead of by the Senate. area and agency technical support in Other $52,405,000 as proposed by the House and Amendment No. 58: Earmarks $68,209,000 Recurring Programs. The managers expect $68,188,000 as proposed by the Senate. The for higher education scholarships, adult vo- the Bureau to review education program changers to the amount proposed by the cational training, and assistance to public management at all levels to ensure that re- House include a increase of $13,827,000 for ter- schools instead of $67,138,000 as proposed by sources are properly allocated within the ritorial assistance and a decrease of $1,044,000 the House and $69,477,000 as proposed by the funding provided. If the Bureau wishes to re- for American Samoa operations grants. The Senate. allocate the funds for these accounts, a amount provided for territorial assistance Amendment No. 59: Retains a statutory reprogramming request should be submitted includes increases over the House of reference to the Johnson O’Malley Act as to the Committees. $5,650,000 for technical assistance, $2,400,000 December 12, 1995 CONGRESSIONAL RECORD — HOUSE H 14301 for maintenance assistance, $1,500,000 for Commission. The House had no similar pro- The managers expect the Special Trustee management controls, and $750,000 for disas- vision. to provide by December 1, 1996 a detailed op- ter assistance. CONSTRUCTION MANAGEMENT erating plan for financial trust services for Amendment No. 71: Earmarks $3,527,000 for Amendment No. 78: Appropriates $500,000 as fiscal year 1996. The plan should detail what the Office of Insular Affairs as proposed by proposed by the Senate instead of no funding specific activities relating to the reconcili- the Senate instead of no funds as proposed as proposed by the House. ation effort will be undertaken, both directly by the House. The managers agree that the The managers agree to retain the core pol- by the Office of Special Trustee and by its Office of Territorial and International Af- icy function from the Office of Construction contractors. The plan should detail what fairs is abolished along with the Office of the Management in Office of Policy, Manage- products will be provided to the tribes and Assistant Secretary for Territorial and ment and Budget. The balance of the pro- the Congress and when such products will be International Affairs. The funding provided grams are transferred to BIA construction. submitted. The plan should include staffing is for staff to carry out the Secretary’s man- NATIONAL INDIAN GAMING COMMISSION for financial trust services, including the dated responsibilities and is to be located Amendment No. 79: Modifies language in- number of vacant positions and when the po- under the Assistant Secretary for Policy, serted by the Senate requiring a report de- sitions are expected to be filled. Within the funds provided, support should Management and Budget. This action is con- tailing information on Indian tribes or tribal be provided to the Intertribal Monitoring As- sistent with the reorganization already ap- organizations with gaming operations. The sociation (ITMA). The managers expect proved by the Appropriations Committees. modification changes the date the report is Amendment No. 72: Retains Senate lan- due to March 1, 1996. The House had no simi- ITMA to provide the Special Trustee with guage directing the use of funds for technical lar provision. any information that is provided to the Ap- assistance, maintenance assistance and dis- propriations or authorizing committees. If aster assistance. OFFICE OF SPECIAL TRUSTEE FOR AMERICAN the Office of the Special Trustee plans to INDIANS COMPACT OF FREE ASSOCIATION continue funding ITMA in fiscal year 1997, FEDERAL TRUST PROGRAMS the managers expect the Special Trustee to Amendment No. 73: Deletes House proposed Amendment No. 80: Appropriates $16,338,000 identify the funds to be available for ITMA language and funding for impact aid to for Federal trust programs in the Office of in the fiscal year 1997 budget request. Guam as proposed by the Senate. Special Trustee for American Indians and es- To the extent possible, the managers ex- The managers agree that Guam should be tablishes this new account as proposed by pect that administrative support services compensated for the impact caused by immi- the Senate. The House had no similar provi- will continue to be provided by the Bureau of gration from the freely associated states as sion. Indian Affairs during fiscal year 1996. To the authorized under the Compact of Free Asso- The managers agree to the following trans- extent that resources exist within the Office ciation. Funding for compact impact shall be fers from the Operations of Indian Programs of Special Trustee for budgeting or other ad- provided by a re-allocation of existing man- account within the Bureau of Indian Affairs ministrative services, these activities should datory grant funds as discussed under as proposed by the Senate: $3,047,000 from be provided by the Office of Special Trustee, amendment No. 89. Other Recurring Programs for financial trust rather than through the Bureau of Indian Af- DEPARTMENTAL OFFICES services; $2,367,000 from Area Office Oper- fairs. The managers have not included any DEPARTMENTAL MANAGEMENT ations for financial trust services; and funds for overhead costs, such as GSA rent, $10,924,000 from Central Office Operations, in- SALARIES AND EXPENSES postage, FTS–2000, PAY/PERS, or workers’ cluding $10,447,000 for the Office of Trust compensation. These costs should be paid Amendment Nos. 74 and 75: The managers Funds Management. from the Operation of Indian Programs ac- agree to the Senate language which changes The managers concur with the need for es- count during fiscal year 1996. The fiscal year the account name from Office of the Sec- tablishing the office as articulated in the 1997 budget should include appropriate over- retary to Departmental Management. Senate report. The managers believe that head amounts in the Office of the Special Amendment No. 76: Appropriates $57,796,000 the Special Trustee will be effective in im- Trustee. for departmental management as proposed plementing reforms in the Bureau of Indian ADMINISTRATIVE PROVISIONS by the Senate instead of $53,919,000 as pro- Affairs only to the extent that the Trustee posed by the House. A redistribution has has authority over the human and financial Amendment No. 81: Retains language in- been made which includes reductions of resources supporting trust programs. Lack- serted by the senate changing the name of $296,000 to the Secretary’s immediate office ing such authority, the Trustee cannot be ‘‘Office of the Secretary’’ to ‘‘Department and $51,000 to Congressional Affairs. These held accountable and the likely result will Management’’. funds have been transferred to Central Serv- be simply one more office pointing out the GENERAL PROVISIONS, DEPARTMENT OF THE ices. shortcomings of the Bureau of Indian Af- INTERIOR The managers agree that these accounts fairs. Amendment No. 82: Deletes an unnecessary have been restrained over recent years and Furthermore, under the current financial comma as proposed by the Senate. that coordination of the Department’s pro- constraints facing the Committees and the Amendment No. 83: Retains the House lan- grams, particularly during the ongoing various downsizing activities taking place in guage stricken by the Senate granting the downsizing and restructuring process, is crit- the Department, it is essential that the Com- Secretary of the Interior authority to trans- ical to ensure the overall effectiveness of the mittees have a clear understanding of the or- fer land acquisition funds between the Bu- Department’s programs. However, the man- ganizational structure supporting trust pro- reau of Land Management, the U.S. Fish and agers feel that it is important to restrain grams and an assurance that the significant Wildlife Service and the National Park Serv- these offices at the 1995 level considering general reductions proposed to be taken ice. that most of the Department’s programs against the Bureau of Indian Affairs do not Amendment No. 84: Modifies language pro- have sustained reductions, or face elimi- impair the Secretary’s ability to manage posed by the House and stricken by the Sen- nation, and all are being directed to absorb trust assets. The managers are aware that ate regarding the expenditure of funds for their uncontrollable expenses. The managers there may be additional activities that could the Presidio. The managers are aware of leg- also recognize the need to have flexibility in be transferred to the Office and encourage islation which may be enacted regarding the the Departmental Offices to manage within the Special Trustee, the Department, the Bu- future management of the Presidio in Cali- reduced funding levels and with the displace- reau of Indian Affairs, the tribes, and the Of- fornia and have provided a funding limita- ments and uncertainties caused by reduc- fice of Management and Budget to work tion in order for the Congress to consider tions-in-force. Therefore, the managers agree closely with the appropriations and authoriz- legislation this fall. In light of declining that the Department may reprogram funds ing committees to identify the activities and budgets, the managers recognize the need for without limitation among the program ele- related resources to be transferred. an alternative approach for the Presidio that ments within the four activities. However, Any increase in funding or staffing for the does not require additional appropriations any reprogramming among the four activi- Office of Special Trustee should be consid- from the Interior bill. Because the authoriz- ties must follow the normal reprogramming ered within the context of the fiscal year ing legislation may be enacted early in fiscal guidelines. 1997 budget request and with consideration year 1996, the managers have included lan- The managers strongly support language for funding constraints and the downsizing guage which restricts how much funding can included in the House Report which encour- occurring throughout the Department, par- be obligated on a monthly basis for the first ages each agency to reduce levels of review ticularly within the Bureau of Indian Af- quarter of the fiscal year. However, if legis- and management in order to cover the costs fairs. lation is not enacted, the managers also rec- associated with pay raises and inflation. The The managers have recommended funding ognize the need for the National Park Serv- Department should carefully review and in a simplified budget structure to allow the ice to be able to fulfill its management and eliminate excessive or duplicated positions Special Trustee some flexibility in establish- resource protection responsibilities at the associated with Congressional and Public Af- ing the office and the budget structure. Prior Presidio. Thus, the obligation limitation fairs offices. to submission of the fiscal year 1997 budget would be lifted on December 31, 1995. Amendment No. 77: Deletes Senate lan- request, the managers expect the Special Because of concerns about sufficient re- guage which prohibits the use of official re- Trustee to work with the Committees to es- sources remaining available to address the ception funds prior to the filing of the Char- tablish an appropriate budget structure for requirements of any authorization regarding ter for the Western Water Policy Review the Office. the Presidio Trust, the managers expect the H 14302 CONGRESSIONAL RECORD — HOUSE December 12, 1995 National Park Service to notify the relevant supported by the American Samoa Govern- centives program, $3,000,000 for forest legacy House and Senate appropriations and author- ment so that it continues the purpose of im- program, and $5,500,000 for economic action izing committees before awarding any major proving the quality and management of programs; and reductions of $2,000,000 from contracts after December 31, 1995, and prior health care. forest health management, $621,000 from co- to the establishment of the Presidio Trust The managers agree that $4,420,000 shall be operative lands fire management, $1,636,000 once it is authorized. allocated in fiscal year 1996 for resettlement for forest stewardship and $1,500,000 for urban Amendment No. 85: Restores language pro- of Rongelap Atoll. Language has been in- and community forestry. posed by the House and stricken by the Sen- cluded that total additional contributions, The managers agree to the following dis- ate repealing provisions of the Oil Pollution including funding provided in this bill, may tribution of funds within economic action Act of 1990 with respect to Outer Continental not exceed $32,000,000 and are contingent on programs: Shelf leases offshore North Carolina. The re- an agreement that such contributions are a Forest products conservation and peal of this statute is not intended to excuse full and final settlement of all obligations of recovery ...... $1,000,000 the United States from the liabilities, if any, the United States to assist in the resettle- Economic recovery ...... 5,000,000 it has incurred to date nor to otherwise af- ment of Rongelap. Rural development ...... 4,800,000 fect pending litigation. The managers have deleted language provi- Wood in transportation ...... 1,200,000 Amendment No. 86: Modifies language pro- sions proposed by the Senate which would Columbia River Gorge, economic posed by the Senate limiting the allocation legislate on several matters including mini- grants to countries ...... 2,500,000 of self-governance funds to Indian tribes in mum wage, immigration, and local employ- The managers agree that $2,880,000 within the State of Washington if a tribe adversely ment in the Northern Mariana Islands. rural development be allocated to the North- impacts rights of nontribal owners of land The managers agree that the Secretary of east and Midwest, and that no funds are pro- within the tribe’s reservation. The House the Interior should continue to submit an vided for economic diversification studies. had no similar provision. The modification annual ‘‘State of the Islands’’ report. This INTERNATIONAL FORESTRY eliminates the requirement that a mutual report has been submitted for the past four The managers agree that up to $4,000,000 of agreement be reached within 90 days of en- years in accordance with Committee direc- Forest Service funds may be utilized for pur- actment. tives and is a valuable source of information poses previously funded through the Inter- Amendment No. 87: Retains language pro- for the Congress. national Forestry appropriation. Domestic posed by the Senate which requires the De- TITLE II—RELATED AGENCIES activities requiring international contacts partment of the Interior to issue a specific will continue to be funded, as in the past, by schedule for the completion of the Lake DEPARTMENT OF AGRICULTURE the appropriate domestic benefiting pro- Cushman Land Exchange Act within 30 days FOREST SERVICE gram. The managers reiterate their expecta- of enactment and to complete the exchange FOREST RESEARCH tions that the Service curtail foreign travel by September 30, 1996. The House had no Amendment No. 90: Appropriates expenditures in light of budget constraints. similar provision. $178,000,000 for forest research instead of Operations formerly funded by Inter- Amendment No. 88: Retains Senate lan- $182,000,000 as proposed by the House and national Forestry or other appropriations, guage authorizing the National Park Service $177,000,000 as proposed by the Senate. other than research activities, of the Inter- to expend funds for maintenance and repair For forestry research, the managers reaf- national Institute of Tropical Forestry, of the Company Creek Road in Lake Chelan firm support for the consolidation of budget Puerto Rico and the Institute of Pacific Is- National Recreation Area and providing line items, to provide the agency additional lands Forestry, Hawaii may continue to be that, unless specifically authorized, no funds flexibility with restructuring, and to allow funded as appropriate. As with other pro- may be used for improving private property. efficiencies and cost savings as required to grams, it may be necessary to reduce funding The House had no similar provision. meet the funding reductions. The managers for these institutes due to budget con- Amendment No. 89: Revises language pro- agree that no forest and range experiment straints. Research activities will be funded posed by the Senate to reallocate mandatory station, research program, or research from the Forest Research appropriation. grant payments of $27,720,000 to the Com- project should be held harmless from de- The managers also expect the Forest Serv- monwealth of the Northern Mariana Islands creases that would impose disproportionate ice to examine the best means to provide (CNMI). reductions to other research activities. The The managers agree that for fiscal years leadership in international forestry activi- agency should maintain its focus on core re- ties and meet essential representation and li- 1996 through 2002 the CNMI shall receive search activities—including forestry re- $11,000,000 annually. This is consistent with aison responsibilities with foreign govern- search—that support initiatives relating ments and international organizations, and total funding, matching requirements, and both to public and private forest lands, and terms negotiated and set forth in the agree- agree that the Forest Service should not cooperative research efforts involving the maintain a separate deputy chief for inter- ment executed on December 17, 1992, between universities as well as the private sector, di- the special representative of the President of national forestry. rected at forest management, resource utili- NATIONAL FOREST SYSTEM the United States and the special representa- zation and productivity. The managers urge Amendment No. 92: Appropriates tives of the Governor of the Northern Mari- the Forest Service to avoid location closures $1,256,253,000 for the national forest system ana Islands. where research is not conducted elsewhere, The managers agree that Guam shall re- instead of $1,266,688,000 as proposed by the and to consolidate programs that are spread ceive impact aid of $4,580,000 in fiscal year House and $1,247,543,000 as proposed by the over multiple locations. The managers are 1996. This funding level shall continue Senate. particularly concerned that silvicultural and through fiscal year 2001, as authorized by the The net decrease below the House consists hardwood utilization research continue given Compact of Free Association. The managers of reductions of $5,750,000 for recreation man- the large number of public and private for- agree that these grant funds must be used for agement, $1,750,000 for wilderness manage- ests which rely on this research. infrastructure needs, as determined by the ment, $435,000 for heritage resources, In addition, the managers note the growing Government of Guam. $1,750,000 for wildlife habitat management importance of data and other information The managers agree that $7,700,000 shall be $1,000,000 for inland fish habitat manage- collected through the Forest Inventory Anal- allocated for capital improvement grants to ment, $1,750,000 for threatened and endan- ysis (FIA) program and the resulting state- American Samoa in fiscal year 1996 and that gered species habitat management; and in- wide forest inventories. The analysis and col- higher levels of funding may be required in creases of $1,000,000 for road maintenance, lection of information directed at forest future years to fund the highest priority and $1,000,000 for facility maintenance. health conditions on public and private for- projects identified in a master plan. The The managers expect the land agencies to est lands has become especially important in managers have agreed to language directing begin to rebuild and restore the public tim- recent years. the Secretary to develop such a master plan ber programs on national forests and BLM The managers have included $300,000 for in conjunction with the Government of lands. With the modest increase in funding landscape management research at the Uni- American Samoa. The plan is to be reviewed provided, the Forest Service is expected to versity of Washington, $479,000 for Cook by the Army Corps of Engineers before it is produce 2.6 billion board feet of green sales. County Ecosystem project, and $200,000 for submitted to the Congress and is to be up- With enactment of the new salvage initiative research at the Olympic Natural Resources dated annually as part of the budget jus- (P.L. 104–19) in response to the emergency Center in Forks, WA. tification. forest health situation, the agencies are ex- The managers understand that renovation STATE AND PRIVATE FORESTRY pected to proceed aggressively to expedite of hospital facilities in American Samoa has Amendment No. 91: Appropriates the implementation of existing programmed been identified as one of the more critical $136,794,000 for State and private forestry as salvage volumes, with the expectation that and high priority needs. The Secretary of the proposed by the Senate but deletes Senate the Forest Service will produce an additional Interior and the American Samoa Govern- earmarks for cooperative lands fire manage- increment of 1.5 BBF over the expected sale ments are reminded that Congress required ment and the stewardship incentives pro- program for fiscal year 1996. The managers the creation of a hospital authority as a con- gram. The House provided $129,551,000 for expect a total fiscal year 1996 Forest Service dition to Federal funding of health care fa- State and private forestry. sale accomplishment level of 5.6 BBF, and cilities. The managers expect the existing The net increase above the House includes note that this is nearly half the level author- hospital authority in American Samoa to be increases of $4,500,000 for the stewardship in- ized for sale just five years ago. The Forest December 12, 1995 CONGRESSIONAL RECORD — HOUSE H 14303 Service is to report timber sale accomplish- job. The managers expected the Secretaries The managers agree that for the Northern ments on the basis of net sawtimber sold and to submit the report to the Committees no Great Lakes Visitor Center, WI, funding is awarded to purchasers, and on the volume of- later than March 31, 1996. provided with the understanding that the fered. Those regions of the country which The managers are concerned that the For- project cost is to be matched 50% by the sell products other than sawtimber should est Service reallocates funding pursuant to State of Wisconsin. continue to report accomplishments in the reprogramming requests before they are The conference agreement includes same manner as used in the forest plans. The transmitted to Congress. The managers di- $95,000,000 for roads to be allocated as fol- reports are to provide information on both rect the Forest Service to adhere to the lows: $57,000,000 for timber roads, $26,000,000 green and salvage sales. reprogramming guidelines, and not reallo- for recreation roads, and $12,000,000 for gen- The managers encourage the Forest Serv- cate funds until the Appropriations Commit- eral purpose roads. ice to use up to $350,000 to commission a tees have had an opportunity to review these The managers remain interested in Forest third party field review of the environmental proposals. Service plans for restoring Grey Towers, and impacts and the economic efficiency of the The managers believe that additional op- are concerned about the cost of the project. emergency forest salvage program mandated portunities exist for contracting Forest The managers expect the Forest Service to by section 2001 of P.L. 104–19. The managers Service activities, and encourage expanding continue the implementation of the master believe that funding such a review can be ap- the use of contractors wherever possible. plan for Grey Towers and to explore addi- propriately undertaken through the timber The managers are aware that suggestions tional partnerships that can help cost-share salvage sale fund. have been made to withdraw administra- required restoration work. The Forest Serv- The managers note the difference between tively additional lands in Montana in order ice should work with the Committees to pro- the House and Senate reports pertaining to to prevent timber and oil and gas develop- vide a better understanding of the needs of tree measurement and timber scaling. The ment. It is the understanding of the man- Grey Towers and explore ways to reduce the managers also note that House Report 103– agers that wilderness designation for Federal 551 specifically allows Forest Service man- cost to the Federal government. lands can only be accomplished legislatively. The managers concur in the agers to use scaling when selling salvage However, the Forest Service does have the sales of thinnings. The managers expect the reprogramming request currently pending ability to designate the management of its for Johnston Ridge Observatory and Timber- Forest Service to use fully the flexibility au- lands through the forest planning process. thorized in House Report 103–551 for rapidly line Lodge sewer system. The managers expect the Forest Service to Amendment No. 96: Earmarks $2,500,000 and deteriorating timber, and to use sample comply with existing statutory and regu- weight scaling for the sale of low value unobligated project balances for a grant to latory requirements in the management of the ‘‘Non-Profit Citizens for the Columbia thinnings. Further, the managers direct the National forest system lands. Where appro- Forest Service to undertake a study to iden- Gorge Discovery Center,’’ and authorizes the priate, proposed changes in land manage- conveyances of certain land, as proposed by tify: (1) which measurement method is more ment practices should be implemented in- cost efficient; (2) to assess what percent of the Senate. The House included no similar volving public participation and scientific provision. timber theft cases involve scaling irregular- analysis in the land management planning Amendment No. 97: Includes Senate provi- ities and whether tree measurement discour- process, including plan amendments as nec- sion which authorizes funds appropriated in ages timber theft; (3) which measurement essary. method is more efficient when environ- 1991 for a new research facility at the Uni- WILDLAND FIRE MANAGEMENT mental modifications are needed after a sale versity of Missouri, Columbia, to be avail- has been awarded; and (4) assess the agency’s Amendment No. 93: Changes the account able as a grant for construction of the facil- ability to perform cruising required under title to Wildland Fire Management as pro- ity, and provides that the Forest Service tree measurement. The study will measure posed by the Senate; instead of Fire Protec- shall receive free space in the building. The Forest Service performance based on Forest tion and Emergency Suppression as proposed House had no similar provision. Service Handbook cruise standards, includ- by the House. LAND ACQUISITION ing identifying how often uncertified em- Amendment No. 94: Appropriates $385,485,000 for wildland fire management as Amendment No. 98: Appropriates $41,200,000 ployees are involved in cruise efforts. The instead of $14,600,000 as proposed by the Forest Service shall contact with an estab- proposed by the House instead of $381,485,000 as proposed by the Senate. House and $41,167,000 as proposed by the Sen- lished independent contractor skilled in both ate. The $41,200,000 includes $7,500,000 for ac- CONSTRUCTION cruising and scaling and report back to the quisition management, $2,000,000 for emer- Committees no later than March 1, 1996. Amendment No. 95: Appropriates gency and in holding purchases, $1,000,000 for The conference agreement includes $400,000 $163,500,000 for construction, instead of wilderness protection, $1,725,000 for cash for the development of a plan for preserving $120,000,000 as proposed by the House and equalization of land exchanges, and and managing the former Joliet Arsenal $186,888,000 as proposed by the Senate. $28,975,000 for land purchase. property as a National tallgrass prairie. The The increase above the House includes Amendment No. 99: Strikes Senate ear- managers are aware of legislation to estab- $23,500,000 for facilities, $5,000,000 for road mark for Mt. Jumbo. lish the Midewin National Tallgrass Prairie construction, and $15,000,000 for trail con- Amendment No. 100: Strikes Senate ear- and Urge the Forest Service to take such struction. Within the total for facilities, the mark for Kane Experimental Forest. steps as are necessary, including a conference agreement includes $36,000,000 for The managers expect that any movement reprogramming, to begin implementing the recreation, $10,000,000 for FA&O, and of acquisition funds from one project to an- legislation when enacted. The managers also $2,500,000 for research. urge the Forest Service to seek full funding The managers agree to the following ear- other regardless of circumstances must fol- for the Midewin National Tallgrass Prairie marks within recreation construction: low normal reprogramming guidelines. The managers have deleted all references to spe- as part of its fiscal year 1997 budget request. Allegheny NF, rehabilitation ...... $150,000 The managers are concerned about the cific earmarkings included in the Senate re- Bead Lake, WA, boating access ... 60,000 port. many programs in the President’s Forest Bead Lake, WA, roads ...... 176,000 The managers continue to encourage Plan designed to provide assistance to tim- Columbia River Gorge Discovery strongly the use of land exchanges as a way ber dependent communities in the Pacific Center, OR, completion ...... 2,500,000 Northwest. The managers are disturbed by Cradle of Forestry, NC, utilities .. 500,000 in which to protect important recreational the inability of the agencies involved to pro- Daniel Boone NF, KY, rehabilita- or environmentally significant lands, in lieu vide a detailed accounting of funds appro- tion ...... 660,000 of the Federal Government acquiring lands. priated in previous fiscal years for the unem- Gum Springs Recreation Area, The managers believe that land exchanges ployed timber worker programs in the Presi- LA, rehabilitation phase II ...... 400,000 represent a more cost-effective way in which dent’s Forest Plan. Johnston Ridge Observatory, WA 500,000 to do business and encourage the Forest The managers expect the Secretary of the Johnston Ridge Observatory, WA, Service to give high priority to those ex- Interior and the Secretary of Agriculture to roads ...... 550,000 changes either nearing completion, or where prepare a detailed accounting and report of Lewis and Clark Interpretive land management decisions are made par- the funds appropriated in fiscal year 1995 for Center, MT, completion ...... 2,700,000 ticularly difficult due to checkerboard own- the President’s Forest plan. The report shall Multnomah Falls, OR, sewer sys- ership. include a careful accounting of appropriated tem ...... 190,000 The managers are concerned about the funding, including: funds appropriated for Northern Great Lakes Visitor long history of problems associated with the timber production; administrative expenses, Center, WI ...... 1,965,000 implementation of land acquisition provi- including the number of Federal employees Seneca Rocks, WV visitor center, sions in the Columbia River Gorge National employed to administer the various aspects completion ...... 1,400,000 Scenic Act. To date, nearly $40 million has of the President’s plan; funds appropriated Timberline Lodge, OR, water sys- been spent on land acquisitions in the Gorge, for the various jobs programs allowed for tem improvements and new res- and the Forest Service estimates that nearly under the President’s plan, including but not ervoir ...... 750,000 $20–$30 million in remaining land is left to be limited to the Jobs in the Woods program; Winding Stair Mountain National acquired. The Gorge Act authorizes land ex- the number of individuals employed by these Recreation and Wilderness changes in the area, and while several ex- programs; and the average length of each Area, OK, improvements ...... 682,000 changes have been completed, a substantial H 14304 CONGRESSIONAL RECORD — HOUSE December 12, 1995 number of acres remain to be acquired to ful- Amendment No. 107: Deletes Senate provi- $40,000,000 for health and safety research ($35 fill the purposes of the Scenic Act. The man- sion which prohibits revision or implementa- million) and materials partnerships ($5 mil- agers strongly support the use of land ex- tion of a new Tongass Land Management lion) which are being transferred from the changes versus land acquisitions. The man- Plan. The House had no similar provision. Bureau of Mines, $6,295,000 for cooperative agers understand that the Forest Service has Amendment 108: Deletes Senate provision research and development and $5,000,000 for the existing statutory authority to conduct requiring the implementation of the Tongass program direction at the energy technology land exchanges in the Scenic Area, including Land Management Plan (TLMP), Alternative centers and a decrease of $4,000,000 for envi- tripatrite land-for-timber exchanges. P and replaces it with a requirement that ronmental restoration. The managers encourage the Forest Serv- the Tongass Land Management Plan in effect The funds provided for cooperative re- ice to enter into land exchanges, including on December 7, 1995 remain in effect through search and development include $295,000 for tripartite land exchanges, with willing land fiscal year 1997. During fiscal years 1996 and technical and program management support owners in the Gorge to diminish the need for 1997, the managers require the Secretary to and $3,000,000 each for the Western Research future acquisitions. maintain at least the number of acres of Institute and the University of North Dakota Energy and Environmental Research Center. ADMINISTRATIVE PROVISIONS, FOREST SERVICE suitable available and suitable scheduled timber lands, and Allowable Sale Quantity Within the funds provided for WRI and Amendment No. 101: Retains Senate provi- as in Alternative P. The Secretary may con- UNDEERC, the managers agree that a per- sion which prohibits any reorganization tinue the TLMP revision process, including centage comparable to the fiscal year 1995 without the consent of the appropriations preparation of the final EIS and Record of rate may be used for the base research pro- and authorizing committees and adds a pro- gram, and the balance is to be used for the Decision, but is not authorized to implement vision exempting the relocation of the Re- jointly sponsored research program. the Record of Decision before October 1, 1997. The managers have included an increase of gion 5 regional offices from the requirement The conference agreement also includes $5,000,000 for program direction, which is to obtain the consent of the authorizing and language which allows a change in the $1,000,000 less than recommended in the Sen- appropriations committees. The House had offerees or purchasers of one or more timber ate bill. The managers expect the Depart- no similar provision. sales that have already complied with the ment to allocate these funds commensurate The managers are concerned that the For- National Environmental Protection Act with the program distributions in this bill. est Service is being required to move the Re- (NEPA) and the Alaska National Interest The various program and support functions gional Office in Atlanta, Georgia from its Lands Conservation Act (ANILCA). This lan- of the field locations should continue to be present location to a new Federal Center in guage intends that when the Forest Service downtown Atlanta at greatly increased funded out of the same line-items as in fiscal determines that additional analysis under year 1995. costs. At the same time, accessibility for NEPA and ANILCA is not necessary, the both the public and employees will be made The managers are aware of proposals re- change of offerees or purchasers for whatever garding the future field office structure of more difficult. Requiring the Forest Service reason (including termination of a long term to absorb increased costs for no increase in the fossil energy program. The managers timber sale contract) shall not be considered take no position on the specifics of the var- effectiveness or efficiency is not acceptable. a ‘‘significant new circumstance’’ under The managers agree that any relocation of ious aspects of the strategic realignment ini- NEPA or ANILCA and shall not be a reason tiative at this time as many of the details the Atlanta office can occur only pursuant under other law for the sale or sales not to to the bill language restrictions which re- are not yet available. The managers expect proceed. the Department to comply fully with the quire the advance approval of the authoriz- The House had no similar provision. ing and appropriations committees. This will reprogramming guidelines before proceeding DEPARTMENT OF ENERGY allow the committees the opportunity to ex- with implementation of any reorganization amine closely the costs and benefits of any FOSSIL ENERGY RESEARCH AND DEVELOPMENT or relocation. The managers are concerned such proposal, and require the Administra- Amendment No. 110: Appropriates about the basis for estimated savings, per- tion to justify fully any additional expendi- $417,169,000 for fossil energy research and de- sonnel impacts, budget changes, transition tures. velopment instead of $379,524,000 as proposed plans, and how any proposed integration will Amendment No. 102: Includes Senate provi- by the House and $376,181,000 as proposed by address market requirements and utiliza- sion which adds the Committee on Energy the Senate. The amendment also provides for tion. In any proposal to privatize the National and Natural Resources to the list of commit- the transfer of authority for health and safe- Institute for Petroleum and Energy Research tees which must approve reorganizations ty research in mines and the mineral indus- (NIPER), the Department should seek com- pursuant to amendment No. 101. The House try from the Bureau of Mines (see amend- petitively a non-Federal entity to acquire had no similar provision. ment No. 47). Changes to the amount pro- NIPER and to make such investments and Amendment No. 103: Includes the Senate posed by the House for coal research include changes as may be necessary to enable the provision which adds the Committee on Re- an increase of $2,000,000 for Kalina cycle test- private entity to perform high-value re- ing and decreases of $1,500,000 in coal prepa- sources to the list of committees which must search and development services and com- ration research, $1,650,000 for HRI proof of approve reorganizations pursuant to amend- pete with other organizations for private and concept testing and $1,000,000 for bench scale ment No. 101. The House had no similar pro- public sector work. In the interim, to the ex- research in the direct liquefaction program, vision. tent the program level for oil technology al- $1,000,000 for in house research in the high ef- Amendment No. 104: Modifies Senate provi- lows, the Department is encouraged to main- ficiency integrated gasification combined sion by deleting the prohibition on changes tain as much of the program at NIPER as cycle program, $500,000 for filters testing and to the appropriations structure without ad- possible. vance approval of the Appropriations Com- evaluation in the high efficiency pressurized With respect to the functions of the Bu- mittees, and substituting language allowing fluidized bed program, and $300,000 for inter- reau of Mines which have been transferred to the relocation of the Region 5 regional office national program support and $1,000,000 for the Department of Energy, the managers ex- to Mare Island in Vallejo, CA, subject to the university coal research in advanced re- pect the Department to continue to identify existing reprogramming guidelines. The search and technology development. Changes the resources being allocated for these pur- House had no similar provision. to the amount proposed by the House for oil poses and not to subsume these functions The conference agreement includes bill technology research include increases of into other budget line-items within the fossil language which provides authority to fi- $1,500,000 for a data repository, $250,000 for energy account. The Secretary should main- nance costs associated with the relocation of the gypsy field project and $250,000 for the tain the transferred functions and personnel the Region 5 regional office to excess mili- northern midcontinent digital petroleum at their current locations. In fiscal year 1996, tary property at Mare Island Naval Shipyard atlas in exploration and supporting research, any staffing reductions required to accom- at Vallejo, CA, from any Forest Service ac- and decreases of $1,000,000 for the National modate the funding level provided for health count. However, the managers expect a laboratory/industry partnership and and safety research should be taken from reprogramming request which justifies the $1,000,000 for extraction in exploration and within this activity and should not affect relocation and identifies the source of funds supporting research, $2,000,000 for the heavy any other elements of the fossil energy re- to be used before funds are reallocated for oil/unconsolidated Gulf Coast project in the search and development organization. Like- this purpose. The allocation of other regions recovery field demonstrations program, and wise, any additional or vacant positions are not to be reduced in order to finance the $1,100,000 as a general reduction to the proc- which are required for the health and safety move. essing research and downstream operations research function should be filled with Bu- Amendment No. 105: Retains House lan- program. Changes to the amount proposed by reau of Mines employees who are subject to guage stricken by the Senate providing that the House for natural gas research include termination or reduction-in-force. The man- 80 percent of the funds for the ‘‘Jobs in the decreases of $440,000 for conversion of natural agers strongly encourage the Administra- Woods’’ program for National Forest land in gases to liquid fuels, $130,000 for the inter- tion, and particularly the Office of Manage- the State of Washington be granted to the national gas technology information center ment and Budget, to work toward consoli- State Department of Fish and Wildlife. The and $30,000 for low quality gas upgrading in dating these health and safety functions in Senate had no similar provision. the utilization program and $1,000,000 for the the same agency with either the Mine Safety Amendment No. 106: Deletes House provi- advanced concepts/tubular solid oxide fuel and Health Administration or the National sion relating to songbirds on the Shawnee cell program. Other changes to the House Institute for Occupational Safety and NF. The Senate had no similar provision. recommended level include increases of Health. December 12, 1995 CONGRESSIONAL RECORD — HOUSE H 14305 The managers do not object to the use of ronmental technology partnerships in imple- performance contracts in the Federal energy up to $18,000,000 in clean coal technology pro- mentation and deployment. management program and should develop gram funds for administration of the clean Changes to the amount proposed by the mechanisms to be reimbursed for these ef- coal program. The managers are concerned House for the transportation program in- forts; that a clean coal project was recently clude increases of $990,000 for metal matrix 13. The Department should submit a new changed without addressing congressional composites in vehicle systems materials; five year program plan for the transpor- concerns that were raised before and during $200,000 for turbine engine technologies, tation program in light of current funding the application review period. The managers $200,000 for the ceramic turbine engine dem- constraints; and expect the Secretary, to the extent possible, onstration project, $4,500,000 for automotive 14. There are no specific restrictions on the to ensure that the sulfur dioxide facility piston technologies, and $612,000 for combus- number of contracts to be let for the long which was approved as part of the NOXSO tion and emissions research and development term battery development effort or activi- clean coal project is constructed so as to in heat engine technologies; and $16,228,000 ties within the electric and hybrid vehicle begin operation when the elemental sulfur is for on-board hydrogen proton exchange program. Given the level of funding pro- available from the NOXSO process. The man- membrane fuel cells and $2,900,000 for fuel vided, the Department should examine care- agers also expect the Department to report cell research and development in electric and fully its options in these areas in close co- hybrid propulsion development. Decreases to the legislative committees of jurisdiction ordination with its industry cooperators. as well as the Appropriations Committees in from the House include $1,200,000 for fuel Amendment No. 115: Earmarks $140,696,000 cells/battery materials and $500,000 as a gen- the House and Senate on the rationale for for State energy grant programs instead of eral reduction in materials technology; approving the construction of a sulfur diox- $148,946,000 as proposed by the House and $1,000,000 as a general reduction in vehicle ide plant as part of the NOXSO project. As $168,946,000 as proposed by the Senate. systems materials; $6,462,000 as a general re- the remaining projects in the clean coal pro- Amendment No. 116: Earmarks $114,196,000 duction to light duty engine technologies in for the weatherization assistance program gram proceed, the Department should focus the heat engine technologies program; and on technologies that relate directly to the instead of $110,946,000 as proposed by the $500,000 for battery development, $1,000,000 to House and $137,446,000 as proposed by the objectives of the program. terminate the phosphoric acid fuel cell bus Amendment No. 111: Deletes language in- Senate. program and $15,528,000 as a general reduc- serted by the Senate requiring that any new Amendment No. 117: Earmarks $26,500,000 tion for fuel cell development in the electric for the State energy conservation program project start be substantially cost-shared and hybrid propulsion development program. with a private entity. The House had no as proposed by the House instead of Changes to the amount proposed by the $31,500,000 as proposed by the Senate. similar provision. The managers expect the House for the technical and financial assist- Department to make every effort to increase ance program include an increase of ECONOMIC REGULATION the percentage of non-Federal cost-sharing $3,250,000 for the weatherization assistance Amendment No. 118: Appropriates $6,297,000 in its research and development projects. program and a decrease of $295,000 for the in- for economic regulation as proposed by the NAVAL PETROLEUM AND OIL SHALE RESERVES ventions and innovations program. House instead of $8,038,000 as proposed by the Amendment No. 112: Appropriates The managers have agreed to the Senate Senate. $148,786,000 for the Naval petroleum and oil bill language restricting the issuance of new The managers agree that the Office of shale reserves instead of $151,028,000 as pro- or amended standards in the codes and Hearings and Appeals should receive reim- posed by the House and $136,028,000 as pro- standards program (see amendment Nos. 156 bursement for work other than petroleum posed by the Senate. and 157). overcharge cases and related activities as Amendment No. 113: Repeals the restric- The managers agree that: recommended by the House. tion on conducting studies with respect to 1. The Department should aggressively ENERGY INFORMATION ADMINISTRATION the sale of the Naval petroleum and oil shale pursue increased cost sharing; Amendment No. 119: Appropriates reserves as proposed by the Senate. The 2. Projects that prove to be uneconomical $72,266,000 for the Energy Information Ad- House had no similar provision. or fail to produce desired results should be ministration $79,766,000 as proposed by the terminated; House and $64,766,000 as proposed by the Sen- ENERGY CONSERVATION 3. The fiscal year 1997 budget should con- Amendment No. 114: Appropriates ate. The managers expect the reduction to be tinue the trend of program downsizing with applied largely to EIA’s forecasting efforts. $553,293,000 for energy conservation instead the focus on completing existing commit- of $556,371,000 as proposed by the House and ments; DEPARTMENT OF HEALTH AND HUMAN $576,976,000 as proposed by the Senate. 4. Ongoing programs should not be grouped SERVICES Changes to the amount proposed by the under the umbrella of large initiatives and INDIAN HEALTH SERVICE House for the buildings program include in- described as new programs in the budget; INDIAN HEALTH SERVICES creases of $150,000 for the foam insulation 5. There should be no new program starts Amendment No. 120: Appropriates project in the building envelope program, without compelling justification and identi- $1,747,842,000 for Indian health services in- $100,000 for lighting and appliance fied funding offsets; stead of $1,725,792,000 as proposed by the collaboratives in commercial buildings in 6. The home energy rating system pilot House and $1,815,373,000 as proposed by the the building equipment program and program should be continued with the exist- Senate. Changes to the amount proposed by $1,140,000 for energy efficiency standards for ing pilot States; within the funds available the House include increases of $25,000,000 to Federal buildings in the codes and standards for HERS, the managers expect the Depart- offset partially the fixed cost increase for program, and decreases of $400,000 for resi- ment to work with Mississippi and other health care providers, $1,500,000 for collec- dential buildings/building America, $3,000 for non-pilot program States on the States’ tions and billings, $750,000 for epidemiology residential energy efficiency/climate change home energy rating system; centers, $200,000 for the Indians into Psychol- action plan, and $1,500,000 for partnership 7. There is no objection to continuing the ogy program, and decreases of $2,000,000 for America/climate change action plan in build- student vehicle competition in the transpor- Indian health professionals, $3,000,000 for ing systems; $150,000 as a general reduction tation program at the current year funding tribal management, and a $400,000 transfer to materials and structures in building enve- level; from hospitals and clinics to facilities and lope; $450,000 as a general reduction to light- 8. The Department should work with the environmental health support. The managers ing and $100,000 for appliance technology in- States to determine what other programs direct that the $25,000,000 provided for fixed troduction partnerships/climate change ac- should be included in a block grant type pro- cost increases be distributed on a pro-rata tion plan in building equipment; and gram along with the consolidated State en- basis across all activities in the Indian $3,060,000 as a general reduction to the codes ergy conservation program/institutional con- health services and Indian health facilities and standards program, consistent with the servation program; accounts. moratorium on issuing new standards (see 9. There is no objection to continuing the Amendment No. 121: Earmarks $350,564,000 amendment No. 157). interagency agreement with the Department for contract medical care as proposed by the Changes to the amount proposed by the of Housing and Urban Development for pub- Senate instead of $351,258,000 as proposed by House for the industry program include an lic assisted housing and other low-income the House. increase of $3,000,000 in industrial wastes to initiatives to the extent that HUD reim- The managers agree that the Indian Self maintain the NICE3 program at the fiscal burses the Department for this work; Determination Fund is to be used only for year 1995 level and decreases of $300,000 for 10. The Office of Industrial Technologies new and expanded contracts and that this combustion in the municipal solid waste pro- may procure capital equipment using operat- fund may be used for self-governance com- gram, $1,000,000 as a general reduction to the ing funds, subject to the existing pacts only to the extent that a compact as- metals initiative in the materials and metals reprogramming guidelines; sumes new or additional responsibilities that processing program with the expectation 11. The Department should work with the had been performed by the IHS. that none of the reduction is to be applied to Office of Management and Budget and the The managers agree that the fetal alcohol the electrochemical dezincing project, General Services Administration to ensure syndrome project at the University of Wash- $200,000 as a general reduction for alternative that agencies fund energy efficiency im- ington should be funded at the fiscal year feedstocks and $700,000 as a general reduction provements in Federal buildings; 1995 level. for process development in the other process 12. The Department should increase private The managers are concerned about the ade- efficiency program, and $2,000,000 for envi- sector investment through energy savings quacy of health care services available to the H 14306 CONGRESSIONAL RECORD — HOUSE December 12, 1995 Utah Navajo population, and urge IHS to $32,000,000 proposed by the House for the in- proposed by the Senate, instead of $9,800,000 work with the local health care community strumentation program, collections acquisi- as proposed by the House. to ensure that the health care needs of the tion and various other programs. Amendment No. 134: Includes Senate provi- Utah Navajos are being met. IHS should CONSTRUCTION AND IMPROVEMENTS, NATIONAL sion which amends 40 U.S.C. 193n to provide carefully consider those needs in designing a ZOOLOGICAL PARK the Kennedy Center with the same police au- replacement facility for the Montezuma Amendment No. 127: Appropriates $3,250,000 thority as the Smithsonian Institution and Creek health center. for zoo construction as proposed by the Sen- the National Gallery of Art. The House had INDIAN HEALTH FACILITIES ate instead of $3,000,000 as proposed by the no similar provision. Amendment No. 122: Appropriates House. The increase is limited to repairs and WOODROW WILSON INTERNATIONAL CENTER FOR $238,958,000 for Indian health facilities in- rehabilitation and is not to be used for new SCHOLARS stead of $236,975,000 as proposed by the House exhibits or expansions. SALARIES AND EXPENSES and $151,227,000 as proposed by the Senate. REPAIR AND RESTORATION OF BUILDINGS Amendment No. 135: Appropriates $5,840,000 Changes to the amount proposed by the Amendment No. 128: Appropriates for the Woodrow Wilson International Center House include increases of $750,000 for the $33,954,000 for repair and restoration of build- for Scholars instead of $5,840,000 as proposed Alaska medical center, $1,000,000 for modular ings as proposed by the Senate instead of by the House and $6,537,000 as proposed by dental units, $500,000 for injury prevention, $24,954,000 as proposed by the House. the Senate. $400,000 for a base transfer from hospitals CONSTRUCTION The managers continue to have serious and clinics, and a decrease of $667,000 for the Amendment No. 129: Appropriates concerns about the total costs associated Fort Yuma, AZ project. $27,700,000 for construction as proposed by with the proposed move to the Federal Tri- The managers agree to delay any the Senate instead of $12,950,000 as proposed angle building. Until such time as both the reprogramming of funds from the Winnebago by the House. The managers agree that House and Senate Appropriations Commit- and Omaha Tribes’ health care facility. How- $15,000,000 is included for the National Mu- tees’ concerns are satisfactorily addressed, ever, given current budget constraints, if is- seum of the American Indian Cultural Re- no funds may be used for this purpose. sues relative to the siting and design of the source Center, $8,700,000 is included to com- NATIONAL FOUNDATION ON THE ARTS AND THE facility cannot be resolved, the managers plete the construction and equipping of the HUMANITIES will consider reprogramming these funds to Natural History East Court Building and other high priority IHS projects during fiscal NATIONAL ENDOWMENT FOR THE ARTS $3,000,000 is for minor construction, alter- year 1996. GRANTS AND ADMINISTRATION ations and modifications. The Talihina, OK hospital is ranked sixth The managers are providing $1,000,000 to be Amendment No. 136: Appropriates on the IHS health facilities priority list for used to complete a proposed master plan and $82,259,000 for grants and administration as inpatient facilities. The Choctaw Nation has initiate detailed planning and design to proposed by the House instead of $88,765,000 developed a financing plan for a replacement allow for the development of a proposed fi- as proposed by the Senate. facility. The Choctaw Nation proposes var- nancial plan for the proposed extension at Amendment No. 137: Deletes House lan- ious funding sources to support its project Dulles Airport for the Air and Space Mu- guage making NEA funding contingent upon for a community based hospital. The man- seum. The managers expect that the finan- passage of a House reauthorization bill. The agers direct IHS to work with the Choctaw cial plan shall specify, in detail, the phasing Senate had no similar provision. Nation to identify resources necessary to of the project and commitments by the Com- The managers on the part of the House staff, equip, and operate the newly con- monwealth of Virginia and the Smithsonian continue to support termination of NEA structed facility. The managers will consider toward construction and operation of the fa- within two years, and do not support funding these operational needs in the context of cility. beyond FY 1997. The managers on the part of current budget constraints. The managers agree that no Federal funds, the Senate take strong exception to the The managers have not agreed to provi- beyond the costs of planning and design, will House position, and support continued fund- sions in the Senate bill requiring the IHS to be available for the construction phase of ing for NEA. The managers expect this issue prepare reports on the distribution of Indian this project. to be resolved by the legislative committees Health Service professionals and on HIV– The managers have provided $15,000,000 for in the House and Senate. AIDS prevention needs among Indian tribes. the continued construction of the National MATCHING GRANTS While the managers agree that closer exam- Museum of the American Indian Cultural Re- ination of these topics may be warranted, Amendment No. 138: Appropriates source Center in Suitland, Maryland. This $17,235,000 for matching grants as proposed the resources necessary to conduct adequate amount will bring the Federal contribution studies are not available at this time. by the House instead of $21,235,000 as pro- to date for this project to $40,900,000. The posed by the Senate. DEPARTMENT OF EDUCATION managers have agreed that no additional Amendment No. 139: Deletes House lan- OFFICE OF ELEMENTARY AND SECONDARY Federal funds will be appropriated for this guage making funding for NEA contingent EDUCATION project. upon passage of a House reauthorization bill. The managers also strongly encourage the INDIAN EDUCATION Smithsonian to develop alternative cost sce- NATIONAL ENDOWMENT FOR THE HUMANITIES Amendment No. 123: Appropriates narios for the proposed National Museum of GRANTS AND ADMINISTRATION $52,500,000 as proposed by the House instead the American Indian Mall Museum including Amendment No. 140: Appropriates of $54,660,000 as proposed by the Senate. downsizing of the building and decreasing $94,000,000 for grants and administration as The managers agree that no funding is pro- the amount of Federal funding. proposed by the Senate instead of $82,469,000 vided for the National Advisory Council on Amendment No. 130: The managers agree as proposed by the House. Indian Education. to concur with the Senate amendment which The managers on the part of the House OTHER RELATED AGENCIES strikes the House provision permitting a sin- continue to support a phase out of NEH with- OFFICE OF NAVAJO AND HOPI INDIAN gle procurement for construction of the in three years, and do not support funding RELOCATION American Indian Cultural Resources Center. beyond FY 1998. The managers on the part of The managers understand that authority SALARIES AND EXPENSES the Senate take strong exception to the provided previously for such purposes is suf- House position, and support continued fund- Amendment No. 124: Appropriates ficient. ing for NEH. The managers expect this issue $20,345,000 for the Office of Navajo and Hopi NATIONAL GALLERY OF ART to be resolved by the legislative committees Indian Relocation as proposed by the Senate in the House and Senate. instead of $21,345,000 as proposed by the SALARIES AND EXPENSES House. Amendment No. 131: Appropriates MATCHING GRANTS $51,844,000 for salaries and expenses as pro- SMITHSONIAN INSTITUTION Amendment No. 141: Appropriates posed by the Senate instead of $51,315,000 as $16,000,000 for matching grants as proposed SALARIES AND EXPENSES proposed by the House. by the Senate instead of $17,025,000 as pro- Amendment No. 125: Appropriates REPAIR, RESTORATION AND RENOVATION OF posed by the House. $308,188,000 for Salaries and Expenses instead BUILDINGS Amendment No. 142: Earmarks $10,000,000 of $309,471,000 as proposed by the House and Amendment No. 132: Appropriates $6,442,000 for challenge grants as proposed by the Sen- $307,988,000 as proposed by the Senate. for repair, restoration and renovation of ate instead of $9,180,000 as proposed by the The $200,000 increase is provided for the buildings instead of $5,500,000 as proposed by House. Center for folklife programs specifically for the House and $7,385,000 as proposed by the ADVISORY COUNCIL ON HISTORIC the 1996 Festival of American Folklife fea- Senate. PRESERVATION turing the State of Iowa. This amount is pro- vided in addition to the $400,000 base funding. JOHN F. KENNEDY CENTER FOR THE SALARIES AND EXPENSES The State of Iowa will contribute $250,000 to- PERFORMING ARTS Amendment No. 143: Appropriates $2,500,000 ward this effort. OPERATIONS AND MAINTENANCE for salaries and expenses as proposed by the Amendment No. 126: Earmarks $30,472,000 Amendment No. 133: Appropriates Senate instead of $3,063,000 as proposed by as proposed by the Senate instead of $10,323,000 for operations and maintenance as the House. December 12, 1995 CONGRESSIONAL RECORD — HOUSE H 14307 While the Advisory Council works closely Americorps program is funded in the VA– consultation or conferencing under section 7 with Federal agencies and departments, the HUD and Independent Agencies fiscal year of the Endangered Species Act, nor be ac- National Park Service and State historic 1996 appropriations bill. The House prohib- companied by any record of decision required preservation officers, it does not have re- ited the use of any funds for the Americorps under NEPA. sponsibility for designating historic prop- program. Subsection (c) states the objective of the erties, providing financial assistance, over- Since the Northwest Service Academy managers that the district manager of the riding other Federal agencies’ decisions, or (NWSA) is funded through fiscal year 1996, Bureau of Land Management or the forest controlling actions taken by property own- the managers agree that the agencies are not supervisor of the Forest Service use the ers. prohibited from granting the NWSA a special DEIS’s as an information base for the devel- The managers encourage those Federal use permit, from using the NWSA to accom- opment of individual plan amendments to agencies and departments which benefit plish projects on agency-managed lands or in their respective forest plan. The managers from the Advisory Council’s expert advice to furtherance of the agencies’ missions, or believe that the local officials will do the assist in covering these costs. The managers from paying the NWSA a reasonable fee-for- best plan in preparing plan amendments that are concerned that some Advisory Council service for projects. will achieve the greatest degree of balance activities may duplicate those conducted by Amendment No. 151: Modifies House lan- between multiple use activities and environ- other preservation agencies. Therefore, the guage stricken by the Senate transferring mental protection. managers direct the Advisory Council to certain responsibilities from the Pennsylva- Upon the date of enactment, the land man- evaluate ways to recover the costs of assist- nia Avenue Development Corporation to the agers are required to review their resource ing Federal agencies and departments General Services Administration, National management plan for their forest, together through reimbursable agreements and to ex- Capital Planning Commission, and the Na- with a review of the assessment and DEIS’s, amine its program activities to identify tional Park Service. The modification trans- and based on that review, develop or modify ways to eliminate any duplication with fers all unobligated and unexpended balances the policies laid out in the DEIS or assess- other agencies. The Advisory Council shall to the General Services Administration. The ment to meet the specific conditions of their report its findings to the Congress by March Senate had no similar provision. forest. 31, 1996. Amendment No. 152: Modifies House and Based upon this review, subsection (c)(2) Senate provisions relating to the Interior directs the forest supervisor or district man- FRANKLIN DELANO ROOSEVELT MEMORIAL Columbia River Basin ecoregion manage- ager to prepare and adopt an amendment to COMMISSION ment project (the Project). The House and meet the conditions of the individual forest. SALARIES AND EXPENSES Senate contained different language on the In an effort to increase the local participa- Amendment No. 144: Appropriates $147,000 subject, but both versions were clear in their tion in the plan amendment process, the dis- as proposed by the Senate instead of $48,000 position that the Project has grown too trict manager or forest supervisor is directed as proposed by the House. large, and too costly to sustain in a time of to consult with the governor, and affected PENNSYLVANIA AVENUE DEVELOPMENT shrinking budgets. In addition, the massive county commissioners and tribal govern- CORPORATION nature of the undertaking, and the broad ge- ments in the affected area. ographic scope of the decisions to be made as Plan amendments should be site specific, SALARIES AND EXPENSES part of a single project has raised concerns in lieu of imposing general standards appli- Amendment No. 145: Appropriates no funds about potential vulnerability to litigation cable to multiple sites. If an amendment as proposed by the Senate instead of and court injunctions with a regionwide im- would result in a major change in land use $2,000,000 as proposed by the House. pact. The language included in the con- allocations within the forest plan, such an PUBLIC DEVELOPMENT ference report reflects a compromise be- amendment shall be deemed a significant Amendment No. 146: Modifies language tween the two versions. change, and therefore requiring a significant Subsection (b) appropriates $4,000,000 for proposed by the Senate allowing the use of plan amendment or equivalent. the completion of an assessment on the Na- prior year funding for operating and admin- Subsection (c)(5) strictly limits the basis tional forest system lands and lands admin- istrative expenses. The modification allows for individual plan amendments in a fashion istered by the BLM within the area encom- the use of prior year funding for shutdown that the managers intend to be exclusive. passed by the Project, and to publish two Language has been included to stop dupli- costs in addition to operating costs. In addi- draft Environmental Impact Statements on cation of environmental requirements. Sub- tion, prior year funds may be used to fund the Project. The Forest Service and BLM section (c)(6)(A) states that any policy activities associated with the functions should rely heavily on the eastside forest adopted in an amendment that modifies, or transferred to the General Services Adminis- ecosystem health assessment in the develop- is an alternative policy, to the general poli- tration. The House had no similar provision. ment of the assessment and DEIS’s, in par- cies laid out in the DEIS’s and assessment The managers agree that not more than ticular, volume II and IV provide a signifi- document that has already undergone con- $3,000,000 in prior year funds can be used for cant amount of the direction necessary for sultation or conferencing under section 7 of operating, administrative expenses, and the development of an ecosystem manage- the ESA, shall not again be subject to such shutdown costs for the Pennsylvania Avenue ment plan. This document has already been provisions. If a policy has not undergone Development Corporation. The managers di- peer reviewed and widely distributed to the consultation or conferencing under section 7 rect that the orderly shutdown of the Cor- public. Therefore, the collaborative efforts of the ESA, or if an amendment addresses poration be accomplished within six months by many scientists can be recognized. other matters, however, then that amend- from the date of enactment of this Act. No The two separate DEIS’s would cover the ment shall be subject to section 7. staff should be maintained beyond April 1, project region of eastern Washington and Or- Amendments which modify or are an alter- 1996. The managers agree that Pennsylvania egon, and the project region of Montana and native policy are required to be adopted be- Avenue Development Corporation staff asso- Idaho, and other affected States. The lan- fore October 31, 1996. An amendment that is ciated with the Federal Triangle project guage also directs project officials to submit deemed significant, shall be adopted on or should be transferred to the General Services the assessment and two DEIS’s to the appro- before March 31, 1997. The policies of the Administration, and provision for the trans- priate House and Senate committees for Project shall no longer be in effect on a for- fer has been included in the Treasury-Postal their review. The DEIS’s are not decisional est on or after March 31, 1997, or after an Services Appropriations bill. and not subject to judicial review. The man- amendment to the plan that applies to that UNITED STATES HOLOCAUST MEMORIAL agers have included this language based upon forest is adopted, whichever comes first. COUNCIL concern that the publication of DEIS’s of The managers have included language spe- HOLOCAUST MEMORIAL COUNCIL this magnitude would present the oppor- cific to the Clearwater National Forest, as it Amendment No. 147: Appropriates tunity for an injunction that would shut relates to the provisions of this section. The $28,707,000 for the Holocaust Memorial Coun- down all multiple use activities in the re- managers have also included language to cil as proposed by the House instead of gion. clarify that the documents prepared under $26,609,000 as proposed by the Senate. The assessment shall contain a range of al- this section shall not apply to, or be used to Amendment No. 148: Restores language ternatives without the identification of a regulate non-Federal lands. Amendment No. 153: Includes a modified proposed by the House and stricken by the preferred alternative or management rec- version of provisions included by both the Senate providing that $1,264,000 for the Muse- ommendation. The assessment will also pro- House and Senate relating to a recreational um’s exhibition program shall remain avail- vide a methodology for conducting any cu- fee demonstration program. This pilot pro- able until expended. mulative effects analysis required by section 102(2) of NEPA, in the preparation of each gram provides for testing a variety of fee col- TITLE III—GENERAL PROVISIONS amendment to a resource management plan. lection methods designed to improve our Amendment No. 149: Retains Senate provi- The assessment shall also include the sci- public lands by allowing 80 per cent of fees sion making a technical correction to Public entific information and analysis conducted generated to stay with the parks, forests, Law 103–413. by the Project on forest and rangeland refuges and public lands where the fees are Amendment No. 150: Includes Senate provi- health conditions, among other consider- collected. There is a tremendous backlog of sion that any funds used for the Americorps ations, and the implications of the manage- operational and maintenance needs that program are subject to the reprogramming ment of these conditions. Further, the as- have gone unmet, while at the same time guidelines, and can only be used if the sessment and DEIS’s shall not be subject to visits by the American public continue to H 14308 CONGRESSIONAL RECORD — HOUSE December 12, 1995 rise. The public is better served and more fees, consideration should be given to fees after December 31, 1995. The House had no willing to pay reasonable user fees if they charged on comparable sites in other parts of similar provision. are assured that the fees are being used to the region or country. The four agencies are Amendment No. 160: Retains language in- manage and enhance the sites where the fees encouraged to cooperate fully in providing serted by the Senate prohibiting redefinition are collected. additional data on tourism, recreational use, of the marbled murrelet nesting area or Most of the provisions of the Senate or rates which may be required by Congress modification to the protocol for surveying amendment are incorporated into the in addressing the fee issue. marbled murrelets. The House had no similar amendment agreed to by the managers, (13) The managers request that the General provision. which provides for the following: Accounting Office conduct a study and re- Amendment No. 161: Retains language in- (1) The maximum number of demonstra- port to the Appropriations Committees by serted by the Senate authorizing the Sec- tion sites per agency is extended from 30 to July 31, 1996 on the methodology and retary of the Interior to exchange land in 50. progress made by the Secretaries to imple- Washington State with the Boise Cascade (2) the time period for the demonstration is ment this section. Corporation. The House had no similar lan- extended from one year to three years and Amendment No. 154: Deletes House lan- guage. these funds remain available for three years guage relating to salvage timber sales in the Amendment No. 162: Includes Senate provi- after the demonstration period ends. Pacific Northwest, and substitutes language sion which creates a new Timber Sales Pipe- (3) Agencies may impose a fine of up to $100 which makes a technical correction to the line Restoration Fund at the Departments of for violation of the authority to collect fees emergency salvage timber program, Sec. the Interior and Agriculture to partially fi- established by this program. 2001(a)(2) of Public law 104–19 that changes nance the preparation of timber sales from (4) The more simplified accounting proce- the ending date of the emergency period to the revenues generated from the section 318 dures proposed by the Senate are adopted, December 31, 1996. This correction is nec- timber sales that are released under section such that fewer Treasury accounts need to essary to conform to the expiration date in 2001(k) of Public Law 104–19. The House in- be established than proposed by the House. Sec. 2001(j). The Senate included no similar cluded no similar provision. Amendment No. 163: Deletes language pro- (5) In those cases where demonstrations provision. had fee collections in place before this provi- Amendment No. 155: Retains House lan- posed by the Senate which would prohibit sion, fees above the amounts collected in 1995 guage stricken by the Senate prohibiting the use of funds for travel and training expenses (plus 4% annually) are to be used for the ben- use of funds for the Mississippi River Cor- for the Bureau of Indian Affairs or the Office efit of the collection site or on an agency- ridor Heritage Commission. of Indian Education for education con- wide basis. The other fees collected will be Amendment No. 156: Deletes House lan- ferences or training activities. The managers expect the Bureau of Indian treated like they are at non-demonstration guage stricken by the Senate placing a mor- Affairs and the Office of Indian Education to sites, except funds withheld to cover fee col- atorium on the issuance of new or amended monitor carefully the funds used for travel lection costs for agencies other than the standards and reducing the codes and stand- and training activities. The managers are Fish and Wildlife Service will remain avail- ards program in the Department of Energy concerned about the cost of travel and train- able beyond the fiscal year in which they are by $12,799,000 and inserts language regarding ing associated with national conferences at- collected. grazing at Great Basin National Park. The tended by school board members or staff of (6) For those Fish and Wildlife Service codes and standards issue is discussed under schools funded by the Bureau of Indian Af- demonstrations where fees were collected in the energy conservation portion of this fairs. Because of the funding constraints fiscal year 1995, the fees collected, up to the statement. faced by the Bureau, the managers expect 1995 level (plus 4% annually), are disbursed Amendment No. 157: Deletes language pro- that priority will be given to funding those as they were in 1995. posed by the House and stricken by the Sen- activities which directly support accredita- (7) The agencies have been provided more ate and retains Senate alternative language tion of Bureau funded schools and covering latitude in selecting demonstration sites, providing for a one-year moratorium on new costs associated with increased enrollment. areas or projects. These demonstrations may or amended standards by the Department of Amendment No. 164: Retains language in- include an entire administrative unit, such Energy. This issue is discussed under the en- serted by the Senate prohibiting the award as a national park or national wildlife refuge ergy conservation portion of this statement. of grants to individuals by the National En- where division into smaller units would be Amendment No. 158: Modifies House min- dowment for the Arts except for literature difficult to administer or where fee collec- ing patent moratorium that was stricken fellowships, National Heritage fellowships tions would adversely affect visitor use pat- and replaced by the Senate with fair market and American Jazz Masters fellowships. The terns. legislation for mining patents. The con- House had no similar provision. (8) The Secretaries are directed to select ference agreement continues the existing, Amendment No. 165: Includes Senate provi- and design the demonstration projects in a straightforward moratorium on the issuance sion which delays implementation or en- manner which will provide optimum oppor- of mining patents that was contained in the forcement of the Administration’s rangeland tunities to evaluate the broad spectrum of fiscal year 1995 Interior and Related Agen- reform program until November 21, 1995. The resource conditions and recreational oppor- cies Appropriations Act. House included no similar provision. tunities on Federal lands, including facility, The agreement further requires the Sec- Amendment No. 166: Strikes Senate sec- interpretation, and fish and wildlife habitat retary of the Interior within three months of tion 331 pertaining to submission of land ac- enhancement projects that enhance the visi- the enactment of this Act to file with the quisition projects by priority ranking. Prior- tor experience. House and Senate Appropriations Commit- ities should continue to be identified in the (9) Vendors may charge a reasonable mark- tees and authorizing committees a plan budget request and justifications. up or commission to cover their costs and which details how the Department will make Amendment No. 167: Includes Senate provi- provide a profit. a final determination on whether or not an sion that makes three changes to existing (10) Each Secretary shall provide the Con- applicant is entitled to a patent under the law relating to tree spiking. Costs incurred gress a brief report describing the selected general mining laws on at least 90 percent of by Federal agencies, businesses and individ- sites and free recovery methods to be used by such applications within five years of enact- uals to detect, prevent and avoid damage and March 31, 1996, and a report which evaluates ment of this Act, and take such actions as injury from tree, spiking, real or threatened, the pilot demonstrations, including rec- necessary to carry out such plan. The con- may be included as ‘‘avoidance costs’’ in ommendations for further legislation, by ference agreement does not intend for the meeting the threshold of $10,000 required for March 31, 1999. The reports to Congress are final determination to presume final adju- prosecution. The language doubles the dis- to include a discussion of the different sites dication of the contesting of any applica- cretionary maximum penalties for prison selected and how they represent the geo- tions which are deemed not entitled to a pat- terms to 40 years for incidents resulting in graphical and programmatic spectrum of ent under the general mining laws. the most severe personal injury. Those in- recreational sites and habitats managed by In order to process patent applications in a jured would have recourse to file civil suits the agencies. The diversity of fee collection timely manner, upon the request of a patent to recover damages under this law. The methods and fair market valuation methods applicant, the Secretary of the Interior shall House had no similar provision. should also be explained. allow the applicant to fund a qualified third- Amendment No. 168: Modifies Senate lan- (11) In order to maximize funding for start- party contractor to be selected by the Bu- guage restricting grants that denigrate ad- up costs, agencies are encouraged to use ex- reau of Land Management to conduct a min- herents to a particular religion. The modi- isting authority in developing innovative eral examination of the mining claims or fication specifies that this restriction ap- implementation strategies, including cooper- mill sites contained in a patent application. plies to NEA and incorporates Senate lan- ative efforts between agencies and local gov- The Bureau of Land Management shall have guage from Amendment No. 169 restricting ernments. the sole responsibility to choose and pay the NEA grants for sexually explicit material. (12) Although the managers have not in- third-party contractor in accordance with The House had no similar provision. cluded the Senate amendment language re- standard procedures employed by the Bureau Amendment No. 169: Deletes Senate lan- garding geographical discrimination on fees, of Land Management in the retention of guage restricting NEA grants for sexually the managers agree that entrance, tourism, third-party contractors. explicit material. This issue is addressed in and recreational fees should reflect the cir- Amendment No. 159: Includes the Senate Amendment No. 168. cumstances and conditions of the various provision which prohibits funding for the Of- Amendment No. 170: Deletes language in- States and regions of the county. In setting fice of Forestry and Economic Development serted by the Senate extending the scope of December 12, 1995 CONGRESSIONAL RECORD — HOUSE H 14309 the Arts and Artifacts Indemnity Act. The space in the vicinity of the Portland Inter- BOB LIVINGSTON, House had no similar provision. The amend- national Airport. Managers on the Part of the House. ment also inserts language providing that Amendment No. 173: Deletes Senate lan- SLADE GORTON, former Bureau of Mines activities, which are guage requiring the Indian Health Service to TED STEVENS, being transferred to other accounts, are paid prepare a report on HIV-AIDS prevention PETE V. DOMENICI, for from those accounts for all of fiscal year needs, and inserts in lieu thereof a provision MARK O. HATFIELD, 1996 and changes a section number. which allows the construction of a third tele- CONRAD BURNS, Amendment No. 171: Deletes language in- scope on Mount Graham, in the Coronado ROBERT F. BENNETT, serted by the Senate mandating energy sav- National Forest, Arizona, to proceed under CONNIE MACK, ings at Federal facilities and inserts in lieu the terms of the Arizona-Idaho Conservation J. BENNETT JOHNSTON, thereof language that keeps in place only the Act of 1988, P.L. 100–696. regulations and interim rules in effect prior Managers on the Part of the Senate. APPLICATION OF GENERAL REDUCTIONS to September 8, 1995 (36 CFR 223.48, 36 CFR f 223.87, 36 CFR 223 Subpart D, 36 CFR 223 Sub- The level at which reductions shall be part F, and 36 CFR 261.6) governing the ex- taken pursuant to the Deficit Reduction Act SPECIAL ORDERS GRANTED of 1985, if such reductions are required in fis- port of State and federal timber in the west- By unanimous consent, permission to ern United States. This language has been cal year 1996, is defined by the managers as included so that the Administration, Con- follows: address the House, following the legis- gress and affected parties can have more As provided for by section 256(1)(2) of Pub- lative program and any special orders time to address policy issues with respect to lic Law 99–177, as amended, and for the pur- heretofore entered, was granted to: Public Law 101–382, the Forest Resources poses of a Presidential Order issued pursuant (The following Members (at the re- Conservation and Shortage Relief Act of to section 254 of said Act, the term ‘‘pro- quest of Mr. OWENS) to revise and ex- 1990. The language prohibits the Secretary of gram, project, and activity’’ for items under tend their remarks and include extra- the jurisdiction of the Appropriations Sub- Agriculture or the Secretary of the Interior neous material:) from reviewing or making modifications to committees on the Department of the Inte- existing sourcing areas. The language pro- rior and Related Agencies of the House of Mr. POSHARD, for 5 minutes, today. hibits either Secretary from enforcing or im- Representatives and the Senate is defined as Mr. MFUME, for 5 minutes, today. plementing regulations promulgated on Sep- (1) any item specifically identified in tables Ms. NORTON, for 5 minutes, today. tember 8, 1995 at 36 CFR Part 223. The bill or written material set forth in the Interior Mrs. COLLINS of Illinois, for 5 min- language also directs the Secretary of Com- and Related Agencies Appropriations Act, or utes, today. merce to continue the 100 percent ban on the accompanying committee reports or the con- (The following Members (at the re- ference report and accompanying joint ex- export of logs that originate from Washing- quest of Mr. TATE) to revise and extend ton State-owned public lands. planatory statement of the managers of the The fiscal year 1996 Agriculture Appropria- committee of conference; (2) any Govern- their remarks and include extraneous tions Act includes language that delayed the ment-owned or Government-operated facil- material:) implementation of the September 8, 1995 reg- ity; and (3) management units, such as na- Mr. METCALF, for 5 minutes each day, ulations for 120 days, and the managers have tional parks, national forests, fish hatch- on December 13, December 14, and De- extended the prohibition to enforce or imple- eries, wildlife refuges, research units, re- cember 15. ment these regulations for the entire fiscal gional, State and other administrative units Mr. CUNNINGHAM, for 5 minutes each year. The managers direct the Secretary of and the like, for which funds are provided in day, on December 14 and December 15. Agriculture to continue to solicit public fiscal year 1996. Mr. TIAHRT, for 5 minutes today and comments on the regulations issued on Sep- The managers emphasize that any item for tember 8, 1995 until February 29, 1996. Based, which a specific dollar amount is mentioned each day, on December 13 and Decem- in part, upon a careful review of the public in an accompanying report, including all ber 14. comments, the Secretary is directed to re- changes to the budget estimate approved by Mr. RAMSTAD, for 5 minutes, today. port to the appropriate committees of Con- the Committees, shall be subject to a per- Ms. ROS-LEHTINEN, for 5 minutes, on gress, including the Appropriations Commit- centage reduction no greater or less than the December 13. tees, on the following: Any changes in those percentage reduction applied to all domestic Mr. LONGLEY, for 5 minutes each day, regulations the Secretary proposes to make discretionary accounts. on December 14, December 15, and De- in response to public comments; the appro- CONFERENCE TOTAL—WITH COMPARISONS priations needed to administer and enforce cember 16. The total new budget (obligational) au- the regulations; the expected cost of the reg- Mr. WATTS of Oklahoma, for 5 min- thority for the fiscal year 1996 recommended ulations, and other effects on the private utes, today. by the Committee of Conference, with com- sector, including effects on competition for Mr. CHABOT, for 5 minutes, on Decem- parisons to the fiscal year 1995 amount, the public and private timber and productivity 1996 budget estimates, and the House and ber 13. of domestic timber processing facilities; and Senate bills for 1996 follow: Mr. SMITH of New Jersey, for 5 min- any recommendations from the Secretary to New budget (obligational) utes, on December 13. amend Public Law 101–382 in response to authority, fiscal year Mr. MARTINI, for 5 minutes, on De- changing circumstances in the timber indus- 1995 ...... $13,519,230,000 try since 1990, when the law was enacted. cember 14. Amendment No. 172: Deletes Senate Budget estimates of new Mr. RIGGS, for 5 minutes today and amendment requiring the Indian Health (obligational) authority, each day, on December 12 and Decem- Service to prepare a report on the distribu- fiscal year 1996 ...... 13,817,404,000 ber 14. House bill, fiscal year 1996 . 11,984,603,000 tion of Indian Health Service professionals. (The following Member (at his own The House had no similar provision. The con- Senate bill, fiscal year 1996 12,053,099,000 Conference agreement, fis- request) to revise and extend his re- ference agreement also inserts language pro- cal year 1996 ...... 12,164,636,000 marks and include extraneous mate- viding for the continued general aviation use Conference agreement and operation on the National Park Service rial:) compared with: portion of Pearson Airfield in Vancouver, Mr. ANDREWS, for 5 minutes, today. New budget Washington until the year 2022 and for the (The following Member (at his own (obligational) author- creation and implementation of a transition request) to revise and extend his re- ity, fiscal year 1995 ...... 1,354,594,000 plan from general aviation to historic air- ¥ marks and include extraneous mate- Budget estimates of new craft. This provision is consistent with the (obligational) author- rial:) Memorandum of Agreement entered into be- ity, fiscal year 1996 ...... 1,652,768,000 Mr. FOX of Pennsylvania, for 5 min- tween the United States National Park Serv- ¥ House bill, fiscal year utes, today. ice and the City of Vancouver dated Novem- 1996 ...... +180,033,000 ber 4, 1994. The managers are aware that leg- f Senate bill, fiscal year islation to provide a comprehensive partner- 1996 ...... +111,537,000 ship agreement for management of the Van- EXTENSION OF REMARKS couver Historic Reserve is under consider- RALPH REGULA, By unanimous consent, permission to ation. This provision allows the City of Van- JOSEPH M. MCDADE, revise and extend remarks was granted couver to develop the Pearson Museum pend- JIM KOLBE, to: ing completion of the Vancouver Historic JOE SKEEN, (The following Members (at the re- Reserve legislation. This language shall not BARBARA F. VUCANOVICH, WENS be construed to limit the authority of the CHARLES H. TAYLOR, quest of Mr. O ) and to include ex- Federal Aviation Administration over air GEORGE R. NETHERCUTT, traneous matter:) traffic control or aviation activities at Pear- Jr., Mrs. CLAYTON. son Airfield, nor to limit operation or air- JIM BUNN, Ms. DELAURO. H 14310 CONGRESSIONAL RECORD — HOUSE December 12, 1995

Mr. SKELTON. for printing and reference to the proper medical center in Aspinwall, PA, as the ‘‘H. Mr. SERRANO in two instances. calendar, as follows: John Heinz, III Department of Veterans Af- Mr. KENNEDY of Massachusetts. Mr. BLILEY: Committee on Commerce. fairs Nursing Care Center’’; to the Commit- Mr. MONTGOMERY. H.R. 1747. A bill to amend the public Health tee on Veterans’ Affairs. Mrs. MEEK of Florida. Services Act to permanently extend and By Mr. GREENWOOD (for himself and Mr. STOKES. clarify malpractice coverage for health cen- Mr. MCHALE: H.R. 2761. A bill to amend the Internal Rev- Mr. STARK in two instances. ters, and for other purposes; with amend- enue Code of 1986 to provide an election for Mr. MORAN. ments (Rept. 104–398). Referred to the Com- mittee of the Whole House on the State of an overpayment in lieu of a basis increase Mr. ROEMER. where indebtedness secured by property has Mr. MENENDEZ. the Union. Mr. Goss: Committee on Rules. House Res- original issue discount and is held by a cash Ms. ROYBAL-ALLARD. olution 296. Resolution providing for consid- method taxpayer; to the Committee on Ways Mr. FRANK of Massachusetts. eration of a motion to dispose of the remain- and Means. Mr. KENNEDY of Rhode Island. ing Senate amendments to the bill (H.R. By Mr. JOHNSON of South Dakota: Mr. LIPINSKI. 1868) making appropriations for foreign oper- H.R. 2762. A bill to require additional re- Mr. HAMILTON. ations, export financing, and related pro- search prior to the promulgation of a stand- Ms. KAPTUR. grams for the fiscal year ending September ard for sulfate under the Safe Drinking (The following Members (at the re- 30, 1996, and for other purposes (Rept. 104– Water Act, and for other purposes; to the quest of Mr. TATE) and to include ex- 399). Referred to the House Calendar. Committee on Commerce. traneous matter:) Mr. SOLOMON: Committee on Rules. By Mr. STUDDS (for himself, Mr. Mr. BONO. House Resolution 297. Resolution waiving a TORKILDSEN, Mr. MOAKLEY, Mr. MAR- Mr. KOLBE. requirement of clause 4(b) of rule XI with re- KEY, Mr. FRANK of Massachusetts, spect to consideration of certain resolutions Mr. KENNEDY of Massachusetts, Mr. Mr. BURTON of Indiana. reported from the Committee on Rules, and NEAL of Massachusetts, Mr. OLVER, Mr. DORNAN. for other purposes (Rept. 104–400). Referred Mr. MEEHAN, and Mr. BLUTE): Mr. ROGERS. to the House Calendar. H.R. 2763. A bill to establish the Boston Mr. WATTS of Oklahoma in two in- Mrs. JOHNSON of Connecticut: Committee Harbor Islands National Recreation Area, stances. on Standards of Official Conduct. Inquiry and for other purposes; to the Committee on Mr. SMITH of New Jersey. into various complaints filed against Rep- Resources. Mrs. VUCANOVICH. resentative Newt Gingrich (Rept. 104–401). By Mr. WELDON of Florida: Mr. WOLF. Referred to the House Calendar. H.R. 2764. A bill to amend title 10, United Mr. LEACH. Mr. REGULA: Committee on Conference. States Code, to authorize veterans who are Mr. GILMAN. Conference report on H.R. 1977. A bill mak- totally disabled as the result of a service- Ms. ROS-LEHTINEN. ing appropriations for the Department of the connected disability to travel on military (The following Members (at the re- Interior and related agencies for the fiscal aircraft in the same manner and to the same year ending September 30, 1996, and for other quest of Mr. PAYNE of New Jersey) and extent as retired members of the Armed purposes (Rept. 104–402. Ordered to be print- to include extraneous matter:) Forces are authorized to travel on such air- ed. craft; to the Committee on National Secu- Mr. UNDERWOOD f rity. Mr. GINGRICH. By Mr. BUYER (for himself and Mr. Mr. DEFAZIO. PUBLIC BILLS AND RESOLUTIONS SKELTON): Mr. PAYNE of New Jersey. Under clause 5 of rule X and clause 4 H. Res. 295. Resolution relating to the de- Mrs. FOWLER. of rule XXII, public bills and resolu- ployment of United States Armed Forces in Mr. DOOLEY. tions were introduced and severally re- and around the territory of the Republic of f ferred as follows: Bosnia and Herzegovina to enforce the peace agreement between the parties to the con- ENROLLED BILL SIGNED By Mr. COBURN (for himself, Mr. flict in the Republic of Bosnia and Mr. THOMAS, from the Committee GANSKE, Mr. GILCHREST, Mr. Herzegovina; to the Committee on Inter- HOSTETTLER, Mr. HUTCHINSON, Mr. on House Oversight, reported that that national Relations, and in addition to the RAHALL, Mr. SMITH of New Jersey, committee had examined and found Committee on National Security, for a pe- Mr. WALSH, and Mr. WELDON of Flor- riod to be subsequently determined by the truly enrolled a bill of the House of the ida: Speaker, in each case for consideration of following title, which was thereupon H.R. 2757. A bill to amend title XVIII of the such provisions as fall within the jurisdic- signed by the Speaker: Social Security Act to require health main- tion of the committee concerned. H.R. 2076. An act making appropriations tenance organizations participating in the By Mr. BUYER (for himself and Mr. for the Departments of Commerce, Justice Medicare Program to assure access to out-of- SKELTON): and State, the judiciary, and related agen- network services to Medicare beneficiaries H. Res. 298. Resolution relating to the de- cies for the fiscal year ending September 30, enrolled with such organizations; to the ployment of United States Armed Forces in 1996, and for other purposes. Committee on Ways and Means, and in addi- and around the territory of the Republic of tion to the Committee on Commerce, for a f Bosnia and Herzegovina to enforce the peace period to be subsequently determined by the agreement between the parties to the con- SENATE ENROLLED BILL SIGNED Speaker, in each case for consideration of flict in the Republic of Bosnia and such provisions as fall within the jurisdic- Herzegovina; to the Committee on Inter- The SPEAKER announced his signa- tion of the committee concerned. ture to an enrolled bill of the Senate of national Relations, and in addition to the By Mr. CUNNINGHAM: Committee on National Security, for a pe- the following title: H.R. 2758. A bill to amend title 49, United riod to be subsequently determined by the S. 790. An act to provide for the modifica- States Code, relating to required employ- Speaker, in each case for consideration of tion or elimination of Federal reporting re- ment investigations of pilots; to the Com- such provisions as fall within the jurisdic- quirements. mittee on Transportation and Infrastruc- tion of the committee concerned. f ture. By Mrs. JOHNSON of Connecticut (for By Mr. BONO: herself, Mr. MCDERMOTT, Mr. CARDIN, ADJOURNMENT H.R. 2759. A bill to prevent paid furloughs Mr. GOSS, Ms. PELOSI, Mr. HOBSON, of Federal and District of Columbia employ- Mr. BORSKI, Mr. SCHIFF, and Mr. SAW- Mr. PAYNE of New Jersey. Mr. ees during periods of lapsed appropriations; YER): Speaker, I move that the House do now to the Committee on Government Reform H. Res. 299. Resolution amending the Rules adjourn. and Oversight. of the House of Representatives; to the Com- The motion was agreed to; accord- By Mr. DOYLE (for himself, Mr. MUR- mittee on Rules. ingly (at 11 o’clock and 15 minutes THA, Mr. MASCARA, Mr. KLINK, Mr. By Mr. SENSENBRENNER: COYNE, Mr. BORSKI, Mr. CLINGER, Mr. p.m.), the House adjourned until to- H. Res. 300. Resolution providing for the ENGLISH of Pennsylvania, Mr. morrow, Wednesday, December 13, 1995, expulsion of Representative Walter R. Tuck- FATTAH, Mr. FOGLIETTA, Mr. FOX, Mr. at 10 a.m. er III, from the House; to the Committee on GEKAS, Mr. GOODLING, Mr. GREEN- f Standards of Official Conduct. WOOD, Mr. HOLDEN, Mr. KANJORSKI, f REPORTS OF COMMITTEES ON Mr. MCDADE, Mr. MCHALE, Mr. SHU- PUBLIC BILLS AND RESOLUTIONS STER, Mr. WALKER, and Mr. WELDON PRIVATE BILLS AND of Pennsylvania): RESOLUTIONS Under clause 2 of rule XIII, reports of H.R. 2760. A bill to name the nursing care committees were delivered to the Clerk center at the Department of Veterans Affairs Under clause 1 of rule XXII. December 12, 1995 CONGRESSIONAL RECORD — HOUSE H 14311

Mr. SMITH of Texas introduced a bill (H.R. H.R. 2694: Mr. GENE GREEN of Texas. ‘‘(1) FEDERAL POLICY AND DIRECTION.— 2765) for the relief of Rocco A. Trecosta; H.R. 2697: Mrs. MEEK of Florida, Ms. NOR- ‘‘(A) GENERAL POLICY.—It is the policy of which was referred to the Committee on the TON, Mr. FATTAH, Mr. BISHOP, Mr. OWENS, the Federal Government that no law or agen- Judiciary. Miss COLLINS of Michigan, Ms. JACKSON-LEE, cy action with respect to the transportation, interim storage, or disposal of high-level ra- f Mr. HILLIARD, Mr. LEWIS of Georgia, Mr. DELLUMS, and Mr. MORAN. dioactive waste should limit the use of pri- ADDITIONAL SPONSORS H.R. 2698: Mr. COOLEY. vately-owned property so as to diminish its H.R. 2723: Mr. CALVERT and Mr. COOLEY. value. Under clause 4 of rule XXII, sponsors H.R. 2745: Ms. ROYBAL-ALLARD and Mr. ‘‘(B) APPLICATION TO FEDERAL AGENCY AC- were added to the public bills and reso- REED. TION.—Each Federal agency, officer, and em- lutions as follows: H.J. Res. 127: Mr. BREWSTER, Mr. FRAZER, ployee should exercise Federal authority to and Mr. CALVERT. ensure that agency action with respect to H.R. 142: Mr. CALVERT. the transportation, interim storage, or dis- H.R. 249: Mr. FILNER. H. Con. Res. 102: Mr. DEFAZIO, Mr. FROST, and Mr. TORRICELLI. posal of high-level radioactive waste will not H.R. 294: Mr. MEEHAN. limit the use of privately owned property so H.R. 359: Mr. BONIOR. H. Con. Res. 117: Mr. HUNTER, Mr. PORTER, Mr. BURTON of Indiana, and Ms. ESHOO. as to diminish its value. H.R. 580: Mr. FAZIO of California. ‘‘(2) RIGHT TO COMPENSATION.— H. Con. Res. 118: Mr. CALVERT, Mr. H.R. 789: Mr. HOLDEN. ‘‘(A) IN GENERAL.—The Federal Govern- H.R. 864: Mr. LAUGHLIN. GILCHREST, Mr. BROWDER, Mr. MURTHA, Mr. ment shall compensate an owner of property H.R. 969: Mr. KLINK. HOLDEN, Mrs. FOWLER, and Mr. FOX. whose use of any portion of that property H.R. 1023: Mrs. THURMAN. f has been limited by an agency action, under H.R. 1073: Mr. BARRETT of Wisconsin, Mr. this Act relating to the transportation, in- MATSUI, and Mr. COYNE. AMENDMENTS terim storage, or permanent disposition of H.R. 1074: Mr. BARRETT of Wisconsin, Mr. Under clause 6 of rule XXIII, pro- high-level radioactive waste, that diminishes MATSUI, and Mr. COYNE. posed amendments were submitted as the fair market value of that portion by 20 H.R. 1227: Mr. GREENWOOD. follows: percent or more. The amount of the com- H.R. 1416: Mr. COYNE and Mr. MENENDEZ. pensation shall equal the diminution in H.R. 1458: Mr. OBERSTAR. H.R. 1020 value that resulted from the agency action. H.R. 1512: Mr. DOOLITTLE. OFFERED BY: MR. ENSIGN If the diminution in value of a portion of H.R. 1527: Mr. HASTINGS of Washington. AMENDMENT NO. 13. Page 15, beginning in that property is greater than 50 percent, at H.R. 1574: Mr. CHRYSLER. line 5, strike ‘‘originating in Lincoln County, the option of the owner, the Federal Govern- H.R. 1656: Mr. KENNEDY of Massachusetts, Nevada’’ insert ‘‘originating in Lincoln ment shall buy that portion of the property Mr. MEEHAN, Mr. COOLEY, Ms. JACKSON-LEE, County, Nebraska, but staying outside of for its fair market value. and Mrs. MALONEY. Clark County, Nevada’’. ‘‘(B) DURATION OF LIMITATION ON USE.— H.R. 1684: Mr. MYERS of Indiana, Mr. GEJD- Property with respect to which compensa- H.R. 1020 ENSON, and Mr. HINCHEY. tion has been paid under this subsection H.R. 1718: Mr. SHUSTER, Mr. GREENWOOD, OFFERED BY: MR. ENSIGN shall not thereafter be used contrary to the Mr. FOGLIETTA, Mr. WALKER, Mr. WELDON of AMENDMENT NO. 14: Page 15, line 7, insert limitation imposed by the agency action, Pennsylvania, and Mr. GOODLING. after the period the following: ‘‘The Sec- even if that action is later rescinded or oth- H.R. 1803: Mr. SCHIFF. retary shall develop such corridor only (1) erwise vitiated. However, if that action is H.R. 1998: Mr. TALENT. with the approval of the Governor of each later rescinded or otherwise vitiated, and the H.R. 2190: Mr. TALENT, Mr. BACHUS, and State in which the corridor is located, or (2) owner elects to refund the amount of the Mrs. CLAYTON. after consultation with each such Gov- compensation, adjusted for inflation, to the H.R. 2245: Mr. COLEMAN. ernor.’’. Treasury of the United States, the property H.R. 2326: Mr. HAMILTON. H.R. 1020 may be so used. H.R. 2435: Mrs. LOWEY. ‘‘(3) EFFECT OF STATE LAW.—If a use is a OFFERED BY: MR. ENSIGN H.R. 2458: Ms. ROYBAL-ALLARD, Mr. WYDEN, nuisance as defined by the law of a State or Mr. MARKEY, Mr. OBERSTAR, and Mrs. AMENDMENT NO. 15: Page 21, insert after is already prohibited under a local zoning or- THURMAN. line 18 the following: dinance, no compensation shall be made H.R. 2463: Mr. HILLIARD and Mr. JEFFER- (i) STATE FEE.—The State of Nevada may under this subsection with respect to a limi- SON. impose a fee on the transfer of high level ra- tation on that use. H.R. 2529: Mr. PALLONE. dioactive waste and spent nuclear fuel by ‘‘(4) EXCEPTIONS.— H.R. 2531: Mr. HOSTETTLER, Mr. WAMP, Mr. rail transportation or intermodal transfer in ‘‘(A) PREVENTION OF HAZARD TO HEALTH OR EHLERS, Mr. BURR, Mr. WELDON of Florida, the State of Nevada. Such fee shall be im- SAFETY OR DAMAGE TO SPECIFIC PROPERTY.— Ms. PRYCE, Mr. CALVERT, and Mr. COOLEY. posed when the transfer of such waste and No compensation shall be made under this H.R. 2540: Mr. CHRYSLER, Mr. COOLEY, Mr. fuel crosses the State boundary. subsection with respect to an agency action PACKARD, Mr. WICKER, Mr. COBLE, Mr. FOLEY, H.R. 1020 the primary purpose of which is to prevent and Mr. NORWOOD. an identifiable— OFFERED BY: MR. ENSIGN ‘‘(i) hazard to public health or safety; or H.R. 2543: Mr. FOLEY, Mrs. MYRICK, Mr. AMENDMENT NO. 16: Page 32, line 22, insert ‘‘(ii) damage to specific property other BARCIA of Michigan, and Mr. CALVERT. before the comma the following: ‘‘or if the than the property whose use is limited. H.R. 2579: Mr. GENE GREEN of Texas, Mr. State of Nevada has communicated to the ‘‘(5) PROCEDURE.— THOMPSON, Mr. JEFFERSON, Mr. GORDON, Mr. Secretary its decision to not permit the con- ‘‘(A) REQUEST OF OWNER.—An owner seek- HINCHEY, Mr. BAKER of Louisiana, Mr. REED, struction of the repository at the Yucca ing compensation under this subsection shall and Mr. CRAPO. Mountain site’’. make a written request for compensation to H.R. 2582: Mr. SMITH of New Jersey. the Secretary of the Commission, as the case H.R. 1020 H.R. 2597: Mr. BARR, Mr. KINGSTON, and Mr. may be, whose action resulted in the limita- MCDADE. OFFERED BY: MR. ENSIGN tion. No such request may be made later H.R. 2651: Mr. JACOBS and Mrs. THURMAN. AMENDMENT NO. 17: Page 66, insert after than 180 days after the owner receives actual H.R. 2654: Mr. MEEHAN, Ms. LOFGREN, Mr. line 9 the following: notice of that agency action. WYNN, Mr. FLAKE, Mrs. MINK of Hawaii, Ms. ‘‘(g) UNFUNDED MANDATES.—The provisions ‘‘(B) NEGOTIATIONS.—The Secretary of the VELAZQUEZ, and Mr. BARRETT of Wisconsin. of the Unfunded Mandates Reform Act of 1995 Commission, as the case may be, may bar- H.R. 2664: Mr. FLAKE, Mr. BROWN of Ohio, and all amendments made by that Act shall gain with that owner to establish the Mr. ORTON, Mr. PAYNE of Virginia, Mr. MIL- apply to this Act and the Waste Fund shall amount of the compensation. If the agency LER of Florida, Mr. BLUTE, Ms. SLAUGHTER, be used to pay all of the costs incurred by and the owner agree to such an amount, the and Mrs. MALONEY. State and local governments by reason of agency shall promptly pay the owner the H.R. 2671: Mrs. LINCOLN, Mr. BALDACCI, Ms. any Federal intergovernmental mandate amount agreed upon. RIVERS, Mr. SISISKY, Mr. ENGLISH of Penn- contained in this Act. For purposes of this ‘‘(C) CHOICE OF REMEDIES.—If, not later sylvania, Mr. BARCIA, Mr. BISHOP, and Ms. section the term ‘Federal intergovernmental than 180 days after the written request is DELAURO. mandate’ has the same meaning as when made, the parties do not come to an agree- H.R. 2677: Mr. PETE GEREN of Texas, Mr. used in section 421 of title IV of the Congres- ment as to the right to and amount of com- BREWSTER, Mr. DICKEY, Mr. HUTCHINSON, Mr. sional Budget and Impoundment Control Act pensation, the owner may choose to take the TAYLOR of North Carolina, Mr. RADANOVICH, of 1974.’’ matter to binding arbitration or seek com- and Mr. WELDON of Florida. H.R. 1020 pensation in a civil action. H.R. 2682: Mr. FLAKE, Mr. BOEHLERT, Mr. ‘‘(D) ARBITRATION.—The procedures that HINCHEY, and Mr. ENGEL. OFFERED BY: MR. ENSIGN govern the arbitration shall, as nearly as H.R. 2691: Mr. DELLUMS, Mrs. SCHROEDER, AMENDMENT NO. 18: Page 66, after line 9 in- practicable, be those established under title Mr. SERRANO, Mr. HASTINGS of Florida, and sert the following: 9, United States Code, for arbitration pro- Mr. COLEMAN. ‘‘(g) PRIVATE PROPERTY.— ceedings to which that title applies. An H 14312 CONGRESSIONAL RECORD — HOUSE December 12, 1995 award made in such arbitration shall include H.R. 1020 and ‘significant risk characterization docu- a reasonable attorney’s fee and other arbi- OFFERED BY: MR. ENSIGN ment’ include, at a minimum, risk assess- tration costs (including appraisal fees). The ment documents or risk characterization AMENDMENT NO. 19: Page 80, insert after agency shall promptly pay any award made documents prepared by or on behalf of a cov- line 25 the following: to the owner. ered Federal agency in the implementation ‘‘(E) CIVIL ACTION—An owner who does not SEC. 510. RISK ASSESSMENT AND COST-BENEFIT of a regulatory program designed to protect choose arbitration, or who does not receive ANALYSIS. human health, safety, or the environment, prompt payment when required by this sec- ‘‘(a) COVERAGE.—This section does not used as a basis for one of the items referred tion, may obtain appropriate relief in a civil apply to any of the following: to in clause (ii), and included by the agency action against the agency. An owner who ‘‘(1) A situation that the Secretary or the in that item or inserted by the agency in the prevails in a civil action under this section Commission, as the case may be, determines administrative record for that item. shall be entitled to, and the agency shall be to be an emergency. In such circumstance, ‘‘(ii) INCLUDED ITEMS.—The items referred liable for, a reasonable attorney’s fee and the Secretary or the Commission, as the case to in clause (i) are the following: Any pro- other litigation costs (including appraisal may be, shall comply with the provisions of posed or final major rule, including any anal- fees). The court shall award interest on the this subsection within as reasonable a time ysis or certification promulgated as part of amount of any compensation from the time as it is practical. any Federal regulatory program designed to of the limitation. ‘‘(2) Activities necessary to maintain mili- protect human health, safety, or the envi- ‘‘(F) SOURCE OF PAYMENTS.—Any payment tary readiness. ronmental clean-up plan for a facility or made under this section to an owner, and ‘‘(b) UNFUNDED MANDATES.—Nothing in Federal guidelines for the issuance of any any judgment obtained by an owner in a civil this section itself shall, without Federal such plan. As used in this clause, the term action under this section shall, notwith- funding and further Federal agency action, ‘environmental clean-up’ means a corrective standing any other provision of law, be made create my new obligation or burden on any action under the Solid Waste Disposal Act, a from the Nuclear Waste Disposal Fund. If State or local government or otherwise im- removal or remedial action under the Com- insufficent funds exist for the payment or to pose any financial burden on any State or prehensive Environmental Response, Com- satisfy the judgment, it shall be the duty of local government in the absence of Federal pensation, and Liability Act of 1980, and any the head of the agency to seek the appropria- funding, except with respect to routine infor- other environmental restoration and waste tion of such funds for the next fiscal year. mation requests. management carried out by or on behalf of a ‘‘(6) LIMITATION.—Notwithstanding any ‘‘(c) DEFINITIONS.—For purposes of this sec- covered Federal agency with respect to any other provision of law, any obligation of the tion: substance other than municipal waste; any United States to make any payment under ‘‘(1) COSTS.—The term ‘costs’ includes the proposed or final permit condition placing a this subsection shall be subject to the avail- direct and indirect costs to the United restriction on facility siting or operation ability of appropriations. States Government, to State, local, and trib- under Federal laws administered by the En- ‘‘(7) DUTY OF NOTICE TO OWNERS.—Whenever al governments, and to the private sector, vironmental Protection Agency or the De- an agency takes an agency action limiting wage earners, consumers, and the economy, partment of the Interior. Nothing in this the use of private property under this Act, of implementing and complying with a rule clause shall apply to the requirements of sec- the agency shall give appropriate notice to or alternative strategy. tion 404 of the Clean Water Act; any report the owners of that property directly affected ‘‘(2) BENEFIT.—The term ‘benefit’ means to Congress; any regulatory action to place a explaining their rights under this subsection the reasonably identifiable significant substance on any official list of carcinogens and the procedures for obtaining any com- health, safety, environmental, social and or toxic or hazardous substances or to place pensation that may be due to them under economic benefits that are expected to result a new health effects value on such list, in- this subsection. directly or indirectly for implementation of cluding the Integrated Risk Information ‘‘(8) RULES OF CONSTRUCTION.— a rule or alternative strategy. System Database maintained by the Envi- ‘‘(A) EFFECT ON CONSTITUTIONAL RIGHT TO ‘‘(3) MAJOR RULE.—The term ‘major rule’ ronmental Protection Agency; any guidance, COMPENSATION.—Nothing in this subsection means any regulation that is likely to result including protocols of general applicability, shall be construed to limit any right to com- in an annual increase in costs of $25,000,000 or establishing policy regarding risk assess- pensation that exists under the Constitution more. Such term does not include any regu- ment or risk characterization. or under other laws of the United States. lation or other action taken by an agency to ‘‘(iii) ALSO INCLUDED.—The terms ‘signifi- ‘‘(B) EFFECT OF PAYMENT.—Payment of authorize or approve any individual sub- cant risk assessment document’ and ‘signifi- compensation under this subsection (other stance or product. cant risk characterization document’ shall than when the property is bought by the ‘‘(4) EMERGENCY.—The term ‘emergency’ also include the following: Any such risk as- Federal Government at the option of the means a situation that is immediately im- sessment and risk characterization docu- owner) shall not confer any rights on the pending and extraordinary in nature, de- ments provided by an covered Federal agen- Federal Government at the option of the manding attention due to an condition, cir- cy to the public and which are likely to re- owner) shall not confer any rights on the cumstance, or practice reaonsably expected sult in an annual increase in costs of Federal Government other than the limita- to cause death, serious illness, or severe in- $25,000,000 or more; environmental restora- tion on use resulting from the agency action. jury to humans, or substantial tion and waste management carried out by ‘‘(9) DEFINITIONS.—For the purposes of this endangerment to private property or the en- or on behalf of the Department of Defense subsection— vironment if no action is taken. with respect to any substance other than ‘‘(A) The term ‘property’ means land and ‘‘(d) AVAILABILITY OF INFORMATION AMONG municipal waste. includes the right to use or receive water. ‘‘(iv) RULE.—Within 15 months after the ‘‘(B) A use of property is limited by an FEDERAL AGENCIES.—The Secretary and the date of the enactment of this section, the agency action if a particular legal right to Commission shall make existing databases Secretary and the Commission shall each use that property no longer exists because of and information developed under this section promulgate a rule establishing those addi- the action. available to other Federal agencies, subject ‘‘(C) The term ‘agency action’ has the to applicable confidentiality requirements, tional categories, if any, of risk assessment meaning given that term in section 551 of for the purpose of meeting the requirements and risk characterization documents pre- title 5, United States Code, but also includes of this section. Within 15 months after the pared by or on behalf of the Secretary or the the making of a grant to a public authority date of enactment of this section, the Presi- Commission, as the case may be, that the conditioned upon an action by the recipient dent shall issue guidelines for the Secretary Secretary or the Commission, as the case that would constitute a limitation if done di- of the Commission to comply with this sec- may be, will consider significant risk assess- rectly by the agency. tion. ment documents or significant risk charac- ‘‘(D) The term ‘agency’ has the meaning ‘‘(e) EFFECTIVE DATE: APPLICABILITY; SAV- terization documents for purposes of this given that term in section 551 of title 5, INGS PROVISIONS.— section. In establishing such categories, the United States Code. ‘‘(1) EFFECTIVE DATE.—Except as otherwise Secretary and the Commission shall consider ‘‘(E) The term ‘fair market value’ means specifically provided in this section, the pro- each of the following: The benefits of con- the most probable price at which property visions of this section shall take effect 18 sistent compliance by documents of the Sec- would change hands, in a competitive and months after the date of enactment of this retary and the Commission in the categories; open market under all conditions requisite section. the administrative burdens of including doc- to a fair sale, between a willing buyer and a ‘‘(2) APPLICABILITY.— uments in the categories; the need to make willing seller, neither being under any com- ‘‘(A) IN GENERAL.—Except as provided in expeditious administrative decisions regard- pulsion to buy or sell and both having rea- subparagraph (C), this title applies to all sig- ing documents in the categories; the possible sonable knowledge of relevant facts, at the nificant risk assessment documents and sig- use of a risk assessment or risk characteriza- time the agency action occurs. nificant risk characterization documents, as tion in any compilation of risk hazards or ‘‘(F) The term ‘State’ includes the District defined in subparagraph (B). health or environmental effects prepared by of Columbia, Puerto Rico, and any other ter- ‘‘(B) DEFINITIONS.— the Secretary and the Commission and com- ritory or possession of the United States. ‘‘(i) SIGNIFICANT RISK ASSESSMENT DOCU- monly made available to, or used by, any ‘‘(G) The term ‘law of the State’ includes MENT, SIGNIFICANT RISK CHARACTERIZATION Federal, State, or local government agency; the law of a political subdivision of a DOCUMENT.—As used in this section, the and such other factors as may be appro- State.’’. terms ‘significant risk assessment document’ priate. December 12, 1995 CONGRESSIONAL RECORD — HOUSE H 14313

‘‘(3) EXCEPTIONS.—This section does not risk charactization document shall meet to the extent feasible, present such summary apply to risk assessment or risk character- each of the following requirements: in connection with the presentation of the ization documents containing risk assess- ‘‘(1) ESTIMATES OF RISK.—The risk charac- significant risk assessment document or sig- ments or risk characterizations performed terization shall describe the populations or nificant risk characterization document. with respect to the following: A screening natural resources which are the subject of Nothing in this paragraph shall be construed analysis, where appropriately labeled as the risk characterization. If a numerical es- to limit the inclusion of any comments or such, including a screening analysis for pur- timate of risk is provided, the agency shall, material supplied by any person to the ad- poses of product regulation or to the extent feasible, provide— ministrative record of any proceeding. premanufacturing notices or any health, ‘‘(A) the best estimate or estimates for the A document may satisfy the requirements of safety, or environmental inspections. No specific populations or natural resources paragraph (3), (4), or (5) by reference to infor- analysis shall be treated as a screening anal- which are the subject of the characterization mation or material otherwise available to ysis if the results of such analysis are used (based on the information available to the the public if the document provides a brief as the basis for imposing restrictions on sub- Federal agency); and summary of such information or material. stances or activities. ‘‘(B) a statement of the reasonable range of ‘‘(h) RECOMMENDATIONS OR CLASSIFICATIONS ‘‘(4) SAVINGS PROVISIONS.—The provisions scientific uncertainties. BY A NON-UNITED STATES-BASED ENTITY.— of this section shall be supplemental to any In addition to such best estimate or esti- Neither the Secretary or the Commission other provisions of law relating to risk as- mates, the risk characterization document shall automatically incorporate or adopt any sessments and risk characterizations, except may present plausible upper-bound or con- recommendation or classification made by a that nothing in this section shall be con- servative estimates in conjunction with non-United States-based entity concerning strued to modify any statutory standard or plausible lower bounds estimates. Where ap- the health effects value of a substance with- statutory requirement designed to protect propriate, the risk characterization docu- out an opportunity for notice and comment, health, safety, or the environment. Nothing ment may present, in lieu of a single best es- and any risk assessment document or risk in this section shall be interpreted to pre- timate, multiple best estimates based on as- characterization document adopted by a cov- clude the consideration of any data or the sumptions, inferences, or models which are ered Federal agency on the basis of such a calculation of any estimate to more fully de- equally plausible, given current scientific recommendation or classification shall com- scribe risk or provide examples of scientific understanding. To the extent practical and ply with the provisions of this section. For uncertainty or variability. Nothing in this appropriate, the document shall provide de- the purposes of this section, the term ‘non- section shall be construed to require the dis- scriptions of the distribution and probability United States—based entity’ means— closure of any trade secret or other confiden- of risk estimates to reflect differences in ex- ‘‘(1) any foreign government and its agen- tial information. posure variability or sensitivity in popu- cies; ‘‘(f) PRINCIPLES FOR RISK ASSESSMENT.— lations and attendant uncertainties. Sen- ‘‘(2) the United Nations or any of its sub- ‘‘(1) IN GENERAL.—The Secretary and the sidiary organizations; Commission shall apply the principles set sitive subpopulations or highly exposed sub- populations include, where relevant and ap- ‘‘(3) any other international governmental forth in paragraph (2) in order to assure that body or international standards-making or- significant risk assessment documents and propriate, children, the elderly, pregnant women, and disabled persons. ganization; or all of their components distinguish scientific ‘‘(4) any other organization or private en- ‘‘(2) EXPOSURE SCENARIOS.—The risk char- findings from other considerations and are, tity without a place of business located in acterization document shall explain the ex- to the extent feasible, scientifically objec- the United States or its territories. posure scenarios used in any risk assess- tive, unbiased, and inclusive of all relevant ‘‘(i) GUIDELINES AND REPORT.— ment, and, to the extent feasible, provide a data and rely, to the extent available and ‘‘(1) GUIDELINES.—Within 15 months after practicable, on scientific findings. Discus- statement of the size of the corresponding the date of enactment of this section, the sions or explanations required under this population at risk and the likelihood of such President shall issue guidelines for the Sec- section need not be repeated in each risk as- exposure scenarios. retary and the Commission consistent with sessment document as long as there is a ref- ‘‘(3) COMPARISONS.—The document shall the risk assessment and characterization erence to the relevant discussion or expla- contain a statement that places the nature principles set forth in this section and shall nation in another agency document which is and magnitude of risks to human health, provide a format for summarizing risk as- available to the public. safety, or the environment in context. Such sessment results. In addition, such guide- ‘‘(2) PRINCIPLES.—The principles to be ap- statement shall, to the extent feasible, pro- lines shall include guidance on at least the plied are as follows: vide comparisons with estimates of greater, following subjects: Criteria for scaling ani- ‘‘(A) When discussing human health risks, lesser, and substantially equivalent risks mal studies to assess risks to human health; a significant risk assessment document shall that are familiar to and routinely encoun- use of different types of dose-response mod- contain a discussion of both relevant labora- tered by the general public as well as other els; thresholds; definitions, use, and interpre- tory and relevant epidemiological data for risks, and, where appropriate and meaning- tations of the maximum tolerated dose; sufficient quality which finds, or fails to ful, comparisons of those risks with other weighting of evidence with respect to ex- find, a correlation between health risks and similar risks regulated by the Federal agen- trapolating human health risks from sen- a potential toxin or activity. Where conflicts cy resulting from comparable activities and sitive species; evaluation of benign tumors, among such data appear to exist, or where exposure pathways. Such comparisons should and evaluation of different human health animal data is used as a basis to assess consider relevant distinctions among risks, endpoints. human health, the significant risk assess- such as the voluntary or involuntary nature ‘‘(2) REPORT.—Within 3 years after the date ment document shall, to the extent feasible of risks and the preventability or of the enactment of this section, the Sec- and appropriate, include discussion of pos- nonpreventability of risks. retary and the Commission shall provide a sible reconciliation of conflicting informa- ‘‘(4) SUBSTITUTION RISKS.—Each significant report to the Congress evaluating the cat- tion, and as relevant, differences in study de- risk assessment or risk characterization doc- egories of policy and value judgments identi- signs, comparative physiology, routes of ex- ument shall include a statement of any sig- fied under this section. posure, bioavailability, pharmacokinetics, nificant substitution risks to human health, ‘‘(3) PUBLIC COMMENT AND CONSOLATION.— and any other relevant factor, including the where information on such risks has been The guidances and report under this sub- sufficiency of basic data for review. The dis- provided to the agency. section, shall be developed after notice and cussion of possible reconciliation should in- ‘‘(5) SUMMARIES OF OTHER RISK ESTI- opportunity for public comment, and after dicate whether there is a biological basis to MATES.—If— consultation with representatives of appro- assume a resulting harm in humans. Animal ‘‘(A) a commenter provides the Secretary priate State, local, and tribal governments, data shall be reviewed with regard to its rel- and the Commission with a relevant risk as- and such other departments and agencies, of- evancy to humans. sessment document or a risk characteriza- fices, organizations, or persons as may be ad- ‘‘(B) Where a significant risk assessment tion document, and a summary thereof, dur- visable. document involves selection of any signifi- ing a public comment provided by the Sec- ‘‘(4) REVIEW.—The President shall review cant assumption, inference, or model, the retary and the Commission for a significant and, where appropriate, revise the guidelines document shall, to the extent feasible: risk assessment document or a significant published under this subsection at least present a representative list and explanation risk characterization document, or, where no every 4 years. of plausible and alternative assumptions, in- comment period is provided but a com- ‘‘(j) RESEARCH AND TRAINING IN RISK AS- ferences, or models, explain that basis for menter provides the Secretary and the Com- SESSMENT.— any choices, identify any policy or value mission with the relevant risk assessment ‘‘(1) EVALUATION.—The Secretary and the judgments; fully describe any model used in document or risk characterization docu- Commission shall regularly and systemati- the risk assessment and make explicit the ment, and a summary thereof, in a timely cally evaluate risk assessment research and assumptions incorporated in the model; and fashion, and training needs of the Department and the indicate the extent to which any significant ‘‘(B) the risk assessment document or risk Commission, including, where relevant and model has been validated by, or conflicts characterization document is consistent appropriate, the following: with, empirical data. with the principles and the guidance pro- ‘‘(A) Research to reduce generic data gaps, ‘‘(g) PRINCIPLES FOR RISK CHARACTERIZA- vided under this section, the Secretary or to address modelling needs (including im- TION AND COMMUNICATIONS.—Each significant the Commission, as the case may be, shall, proved model sensitivity), and to validate H 14314 CONGRESSIONAL RECORD — HOUSE December 12, 1995 default options, particularly those common Council with recommendations regarding the sons of those risks with other similar risks to multiple risk assessments. use of comparative risk analysis and ways to regulated by the Secretary and the Commis- ‘‘(B) Research leading to improvement of improve the use of comparative risk analysis sion resulting from comparable activities methods to quantify and communicate un- for decision-making by the Secretary and and exposure pathways. Such comparisons certainty and variability among individuals, the Commission. should consider relevant distinctions among species, populations, and, in the case of eco- ‘‘(1) DEFINITIONS.—For purposes of this sec- risks, such as the voluntary or involuntary logical risk assessment, ecological commu- tion: nature of risks and the preventability or nities. ‘‘(1) RISK ASSESSMENT DOCUMENT.—The nonpreventability of risks. ‘‘(C) Emerging and future areas of re- term ‘risk assessment document’ means a ‘‘(iv) For each final rule, an analysis of search, including research on comparative document containing the explanation of how whether the identified benefits of the rule risk analysis, expose to multiple chemicals hazards associated with a substance, activ- are likely to exceed the identified costs of and other stressors, noncancer endpoints, bi- ity, or condition have been identified, quan- the rule. ological markers of exposure and effect, tified, and assessed. The term also includes a ‘‘(v) An analysis of the effect of the rule on mechanisms of action in both mammalian written statement accepting the findings of small businesses with fewer than 100 employ- and nonmammalian species, dynamics and any such document. ees; on net employment; and to the extent probabilities of physiological and ecosystem ‘‘(2) RISK CHARACTERIZATION DOCUMENT.— practicable, on the cumulative financial bur- exposures, and prediction of ecosystem-level The term ‘risk characterization document’ den of compliance with the rule and other responses. means a document quantifying or describing existing regulations on persons producing ‘‘(D) Long-term needs to adequately train the degree of toxicity, exposure, or other products. individuals in risk assessment and risk as- risk posed by hazards associated with a sub- ‘‘(2) PUBLICATION.—For each major rule re- sessment application. Evaluations under this stance, activity, or condition to which indi- ferred to in paragraph (1) the Secretary or paragraph shall include an estimate of the viduals, populations, or resources are ex- the Commission, as the case may be, shall resources needed to provide necessary train- posed. The term also includes a written publish in a clear and concise manner in the ing. statement accepting the findings of any such Federal Register along with the proposed ‘‘(2) STRATEGY AND ACTIONS TO MEET IDENTI- document. and final regulation, or otherwise make pub- FIED NEEDS.—The head of each covered agen- ‘‘(3) BEST ESTIMATE.—The term ‘best esti- licly available, the information required to cy shall develop a strategy and schedule for mate’ means a scientifically appropriate es- be prepared under paragraph (1). carrying out research and training to meet timate which is based, to the extent feasible, ‘‘(3) DECISION CRITERIA.— the needs identified in paragraph (1). on one of the following: ‘‘(A) IN GENERAL.—No final rule subject to ‘‘(3) REPORT.—Not later than 6 months ‘‘(A) Central estimates of risk using the the provisions of this subsection shall be pro- after the date of the enactment of this sec- most plausible assumptions. mulgated unless the Secretary or the Com- tion, the Secretary and the Commission ‘‘(B) An approach which combines multiple mission, as the case may be, certifies the fol- shall submit to the Congress a report on the estimates based on different scenarios and lowing: evaluations conducted under paragraph (1) weighs the probability of each scenario. ‘‘(i) That the analyses under this sub- and the strategy and schedule developed ‘‘(C) Any other methodology designed to section are based on objective and unbiased under paragraph (2). The Secretary and the provide the most unbiased representation of scientific and economic evaluations of all Commission shall report to the Congress pe- the most plausible level of risk, given the significant and relevant information and riodically on the evaluations, strategy, and current scientific information available to risk assessments provided to the Secretary schedule. the Secretary or the Commission, as the case or the Commission, as the case may be, by ‘‘(k) STUDY OF COMPARATIVE RISK ANALY- may be. interested parties relating to the costs, SIS.— ‘‘(4) SUBSTITUTION RISK.—The term ‘substi- risks, and risk reduction and other benefits ‘‘(1) IN GENERAL.— tution risk’ means a potential risk to human addressed by the rule. ‘‘(A) STUDY.—The Director of the Office of health, safety, or the environment from a ‘‘(ii) That the incremental risk reduction Management and Budget, in consultation regulatory alternative designed to decrease or other benefits of any strategy chosen will with the Office of Science and Technology other risks. be likely to justify, and be reasonably relat- Policy, shall conduct, or provide for the con- ‘‘(5) DOCUMENT.—The term ‘document’ in- ed to, the incremental costs incurred by duct of, a study using comparative risk anal- cludes material stored in electronic or digi- State, local, and tribal governments, the ysis to rank health, safety, and environ- tal form. Federal Government, and other public and mental risks and to provide a common basis ‘‘(m) ANALYSIS OF RISK REDUCTION BENE- private entities. for evaluating strategies for reducing or pre- FITS AND COSTS.— ‘‘(iii) That other alternative strategies venting those risks. The goal of the study ‘‘(1) ANALYSIS OF RISK REDUCTION BENEFITS identified or considered by the agency were shall be to improve methods of comparative AND COSTS.— found either to be less cost-effective at risk analysis. ‘‘(A) IN GENERAL.—The President shall re- achieving a substantially equivalent reduc- ‘‘(B) CONTRACT.—Not later than 90 days quire the Secretary and the Commission to tion in risk, or to provide less flexibility to after the date of the enactment of this sec- prepare the following for each major rule State, local, or tribal governments or regu- tion, the Director, in collaboration with the within a program that is proposed or promul- lated entities in achieving the otherwise ap- heads of appropriate Federal agencies, shall gated under this Act after the date of enact- plicable objectives of the regulation, along enter into a contract with the National Re- ment of this section: with a brief explanation of why alternative search Council to provide technical guidance ‘‘(i) An identification of reasonable alter- strategies that were identified or considered on approaches to using comparative risk native strategies, including strategies that by the agency were found to be less cost-ef- analysis and other considerations in setting require no government action; will accom- fective or less flexible. health, safety, and environmental risk re- modate differences among geographic re- ‘‘(4) EFFECT OF DECISION CRITERIA.— duction priorities. gions and among persons with different lev- ‘‘(A) IN GENERAL.—Notwithstanding any ‘‘(2) SCOPE OF STUDY.—The study shall have els of resources with which to comply; and other provision of Federal law, the decision sufficient scope and breadth to evaluate employ performance or other market-based criteria of paragraph (3) shall supplement comparative risk analysis and to test ap- mechanisms that permit the greatest flexi- and, to the extent there is a conflict, super- proaches for improving comparative risk bility in achieving the identified benefits of sede the decision criteria for rulemaking analysis and its use in setting priorities for the rule; the agency shall consider reason- otherwise applicable under the statute pur- health, safety, and environmental risk re- able alternative strategies proposed during suant to which the rule is promulgated. duction. The study shall compare and evalu- the comment period. ‘‘(B) SUBSTANTIAL EVIDENCE.—Notwith- ate a range of diverse health, safety, and en- ‘‘(ii) An analysis of the incremental costs standing any other provision of Federal law, vironmental risks. and incremental risk reduction or other ben- no major rule shall be promulgated by the ‘‘(3) STUDY PARTICIPANTS.—In conducting efits associated with each alternative strat- Secretary or the Commission under this Act the study, the Director shall provide for the egy identified or considered by the agency. unless the requirements of this section are participation of a range of individuals with Costs and benefits shall be quantified to the met and the certifications required herein varying backgrounds and expertise, both extent feasible and appropriate and may oth- are supported by substantial evidence of the technical and nontechnical, comprising erwise be qualitatively described. rulemaking record. broad representation of the public and pri- ‘‘(iii) A statement that places in context ‘‘(5) PUBLICATION.—The agency shall pub- vate sectors. the nature and magnitude of the risks to be lish in the Federal Register, along with the ‘‘(4) DURATION.—The study shall begin addressed and the residual risks likely to re- final regulation, the certifications required within 180 days after the date of the enact- main for each alternative strategy identified by this subsection. ment of this section and terminate within 2 or considered by the agency. Such statement ‘‘(6) NOTICE.—Where the Secretary or the years after the date on which it began. shall, to the extent feasible, provide com- Commission, as the case may be, finds a con- ‘‘(5) RECOMMENDATIONS FOR IMPROVING COM- parisons with estimates of greater, lesser, flict between the decision criteria of this PARATIVE RISK ANALYSIS AND ITS USE.—Not and substantially equivalent risks that are subsection and the decision criteria of an later than 90 days after the termination of familiar to and routinely encountered by the otherwise applicable statute, the Secretary the study, the Director shall submit to the general public as well as other risks, and, or the Commission, as the case may be, shall Congress the report of the National Research where appropriate and meaningful, compari- so notify the Congress in writing. December 12, 1995 CONGRESSIONAL RECORD — HOUSE H 14315

‘‘(n) OFFICE OF MANAGEMENT AND BUDGET risk assessment document or significant risk and the agency shall consider the priorities GUIDANCE.—The Office of Management and characterization document does not substan- set forth in the report and priorities devel- Budget shall issue guidance consistent with tially comply with the requirements of this oped and submitted by State, local, and trib- this section— section. al governments when preparing a budget or ‘‘(1) to assist the agencies, the public, and ‘‘(q) PLAN FOR ASSESSING NEW INFORMA- strategic plan for any such program. the regulated community in the implemen- TION.— H.R. 1020 tation of this section, including any new re- ‘‘(1) PLAN.—Within 18 months after the OFFERED BY: MRS. VUCANOVICH quirements or procedures needed to supple- date of enactment of this section, the Sec- ment prior agency practice; and retary and the Commission shall publish a AMENDMENT NO. 20: Page 24, insert after ‘‘(2) governing the development and prepa- plan to review and, where appropriate revise the period in line 9 the following: ‘‘The in- ration of analyses of risk reduction benefits any significant risk assessment document or terim storage facility shall be located at the and costs. significant risk characterization document Savannah River Nuclear site and the Han- ‘‘(o) PEER REVIEW.— published prior to the expiration of such 18- ford Nuclear site. ‘‘(1) ESTABLISHMENT.—The Secretary and month period if, based on information avail- H.R. 1745 the Commission shall each develop a system- able at the time of such review, the Sec- OFFERED BY: MRS. WALDHOLTZ atic program for independent and external retary or the Commission, as the case may AMENDMENT NO. 1: Page 2, line 14 (section peer review required by this section. Such be, head determines that the application of 2(a)(1)) (relating to Desolation Canyon), program shall provide for peer review by the the principles set forth in this section would strike ‘‘254,478’’ and insert ‘‘291,598’’. Waste Review Board, may provide specific be likely to significantly alter the results of Page 2, line 16 (section 2(a)(1)), strike and reasonable deadlines for the Board to the prior risk assessment or risk character- ‘‘dated ’’ and insert ‘‘dated December 3, submit reports under this subsection, and ization. The plan shall provide procedures for 1995’’. shall provide adequate protections for con- receiving and considering new information Page 2, line 19 (section 2(a)(2)) (relating to fidential business information and trade se- and risk assessments from the public. The San Rafael Reef), strike ‘‘47,786’’ and insert crets, including requiring the Board to enter plan may set priorities and procedures for re- ‘‘57,955’’. into confidentiality agreements. view and, where appropriate, revision of such Page 3, line 1 (section 2(a)(2)), strike ‘‘(2) REQUIREMENT FOR PEER REVIEW.—In risk assessment documents and risk charac- ‘‘dated ’’ and insert ‘‘dated December 12, connection with any rule under this Act that terization documents and of health or envi- 1995.’’ is likely to result in an annual increase in ronmental effects values. The plan may also Page 3, line 23 (section 2(a)(6)) (relating to costs of $100,000,000 or more, the Secretary set priorities and procedures for review, and, Sids Mountain), strike ‘‘41,154’’ and insert and the Commission shall each provide for where appropriate, revision or repeal of ‘‘46,589’’. peer review in accordance with this section major rules promulgated prior to the expira- Page 3, beginning on line 25 (section of any risk assessment or cost analysis tion of such period. Such priorities and pro- 2(a)(6)), strike ‘‘dated ’’ and insert ‘‘dated which forms the basis for such rule or of any cedures shall be based on the potential to December 12, 1995’’. analysis under this section. In addition, the more efficiently focus national economic re- Page 7, line 18 (section 2(a)(22)) (relating to Director of the Office of Management and sources within programs carried out under Flume Canyon), strike ‘‘37,506’’ and insert Budget may order that peer review be pro- this Act on the most important priorities ‘‘47,236’’. vided for any major risk assessment or cost and on such other factors as the Secretary or Page 7, line 20 (section 2(a)(22)), strike assessment that is likely to have a signifi- the Commission considers appropriate. ‘‘dated ’’ and insert ‘‘dated December 12, cant impact on public policy decisions of the ‘‘(2) PUBLIC COMMENT AND CONSULTATION.— 1995’’. Secretary and the Commission. The plan under this subsection, shall be de- Page 7, line 25 (section 2(a)(23)) (relating to ‘‘(3) CONTENTS.—Each peer review under veloped after notice and opportunity for pub- Westwater Canyon), strike ‘‘25,383’’ and in- this subsection shall include a report to the lic comment, and after consultation with sert ‘‘26,658’’. Secretary or the Commission, as the case representatives of appropriate State, local, Page 8, line 2 (section 2(a)(23)), strike may be, with respect to the scientific and and tribal governments, and such other de- ‘‘dated ’’ and insert ‘‘dated December 12, economic merit of data and methods used for partments and agencies, offices, organiza- 1995’’. the assessments and analyses. tions, or persons as may be advisable. Page 9, line 11 (section 2(a)(29)) (relating to ‘‘(4) RESPONSE TO PEER REVIEW.—The Sec- ‘‘(r) PRIORITIES.— Paria-Hackberry), strike ‘‘57,641’’ and insert retary or the Commission, as the case may ‘‘(1) IDENTIFICATION OF OPPORTUNITIES.—In ‘‘94,805’’. be, shall provide a written response to all order to assist in the public policy and regu- Page 9, beginning on line 12 (section significant peer review comments. lation of risk to public health, the President 2(a)(29)), strike ‘‘dated ’’ and insert ‘‘De- ‘‘(5) AVAILABILITY TO PUBLIC.—All peer re- shall identify opportunities to reflect prior- cember 3, 1995’’. view comments or conclusions and the Sec- ities within programs under this Act in a Page 14, after line 13 (at the end of section retary’s or the Commission’s response shall cost-effective and cost-reasonable manner. 2(a)), add the following: be made available to the public and shall be The President shall identify each of the fol- (50) Certain lands in the Road Canyon Wil- made part of the administrative record. lowing: derness Study Area comprised of approxi- ‘‘(6) PREVIOUSLY REVIEWED DATA AND ANAL- ‘‘(A) The likelihood and severity of public mately 34,460 acres, as generally depicted on YSIS.—No peer review shall be required under health risks addressed by such programs. a map entitled ‘‘Grand Gulch Proposed Wil- this subsection for any data or method which ‘‘(B) The number of individuals affected. derness’’ and dated December 8, 1995, and has been previously subjected to peer review ‘‘(C) The incremental costs and risk reduc- which shall be known as the Road Canyon or for any component of any analysis or as- tion benefits associated with regulatory or Wilderness. sessment previously subjected to peer re- other strategies. (51) Certain lands in the Fish & Owl Creek view. ‘‘(D) The cost-effectiveness of regulatory Wilderness Study Area comprised of approxi- ‘‘(7) NATIONAL PANELS.—The President or other strategies to reduce risks to public mately 20,925 acres, as generally depicted on shall appoint National Peer Review Panels health. a map entitled ‘‘Grand Gulch Proposed Wil- to annually review the risk assessment and ‘‘(E) Intergovernmental relationships derness’’ and dated December 8, 1995, and cost assessment practices of the Secretary among Federal, State, and local govern- which shall be known as the Fish & Owl and the Commission under this Act. The ments among program designed to protect Creek Wilderness. Panel shall submit a report to the Congress public health. (52) Certain lands in the Mule Canyon Wil- no less frequently than annually containing ‘‘(F) Statutory, regulatory, or administra- derness Study Area comprised of approxi- the results of such review. tive obstacles to allocating national eco- mately 5,940 acres, as generally depicted on a ‘‘(p) JUDICIAL REVIEW.—Compliance or non- nomic resources based on the most cost-ef- map entitled ‘‘Mule Canyon Proposed Wil- compliance by the Secretary and the Com- fective, cost-reasonable priorities consider- derness’’ and dated December 8, 1995, and mission with the requirements of this sec- ing Federal, State, and local programs. which shall be known as the Mule Canyon tion shall be reviewable pursuant to this Act ‘‘(2) STATE, LOCAL, AND TRIBAL PRIOR- Wilderness. and chapter 7 of title 5, United States Code. ITIES.—In identifying national priorities, the (53) Certain lands in the Turtle Canyon The court with jurisdiction to review final President shall consider priorities developed Wilderness Study Area comprised of approxi- agency action under this Act shall have ju- and submitted by State, local, and tribal mately 27,480 acres, as generally depicted on risdiction to review, at the same time, com- governments. a map entitled ‘‘Desolation Canyon Proposed pliance by the Secretary or the Commission, ‘‘(3) BIENNIAL REPORTS.—The President Wilderness’’ and dated December 3, 1995, and as the case may be, with the requirements of shall issue biennial reports to Congress, after which shall be known as the Turtle Canyon this section. When a significant risk assess- notice and opportunity for public comment, Wilderness. ment document or risk characterization doc- to recommend priorities for modifications (54) Certain lands in the The Watchman ument subject to this section is part of the to, elimination of, or strategies for existing Wilderness Study Area comprised of approxi- administrative record in a final agency ac- programs under this Act. Within 6 months mately 664 acres, as generally depicted on a tion, in addition to any other matters that after the issuance of the report, the Presi- map entitled ‘‘The Watchman Proposed Wil- the court may consider in deciding whether dent shall notify the Congress in writing of derness’’ and dated December 8, 1995, and the action was lawful, the court shall con- the recommendations which can be imple- which shall be known as The Watchman Wil- sider the action unlawful if such significant mented without further legislative changes derness. H 14316 CONGRESSIONAL RECORD — HOUSE December 12, 1995 Page 26, line 18 (section 11(a)(1)), strike Page 28, line 2 (section 11(c)(1)), strike Page 31, line 7, add the following: ‘‘The ‘‘142,041’’ and insert ‘‘242,000’’. ‘‘dated ’’ and insert ‘‘dated December 6, Secretary shall have the authority to extend 1995,’’. any existing leases on such Federal lands prior to consummation of the exchange.’’. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, FIRST SESSION

Vol. 141 WASHINGTON, TUESDAY, DECEMBER 12, 1995 No. 197 Senate

The Senate met at 9 a.m. and was by Israeli Prime Minister Shimon Hollings amendment No. 3096, to propose a called to order by the President pro Peres to a joint meeting of the Con- balanced budget amendment to the Constitu- tempore [Mr. THURMOND]. gress which starts at 11 a.m. When the tion of the United States. McConnell amendment No. 3097, in the na- Senate reconvenes at 2:15 p.m., follow- ture of a substitute. PRAYER ing 2 minutes of debate, the Senate will Mr. HATCH. Mr. President, today the begin as many as five consecutive votes The Chaplain, Dr. Lloyd John Senate must decide whether this is Ogilvie, offered the following prayer: on amendments on Senate Joint Reso- freedom or the abuse of freedom—this Let us pray: lution 31. The first vote will be 15 min- right here—evidenced by this picture of Almighty God, Sovereign of this Na- utes, the subsequent votes will be 10 the flag being burned by a bunch of tion, our Creator, Sustainer, and loving minutes each, with 2 minutes of expla- antiflag activists. heavenly Father, thank You for these nation in between each vote. Mr. President, it comes down to this: moments of profound communion with Following disposition of Senate Joint Will the Senate of the United States You. We come to You just as we are Resolution 31, it is the hope of the ma- confuse liberty with license? Will the with our hurts and hopes, fears and jority leader to turn to the consider- Senate of the United States deprive the frustrations, problems and perplexities. ation of the Bosnia legislation. In that people of the United States of the right We also come to You with great memo- the majority leader hopes to complete to decide whether they wish to protect ries of how You have helped us when action on that matter by 12 noon on their beloved national symbol, Old we trusted You in the past. Now, in the Wednesday, debate may go into the Glory? peace of Your presence, we sense a evening today if necessary. Therefore, Is it not ridiculous that the Amer- fresh touch of Your spirit. With recep- votes are possible today on the Bosnia ican people are denied the right to pro- tive minds and hearts wide open, we re- legislation. tect their unique national symbol in ceive the inspiration and love You give f the law? We live in a time where standards so generously. Make us secure in Your RESERVATION OF LEADER TIME grace and confident in Your goodness. have eroded. Civility and mutual re- We need Your power to carry the heavy The PRESIDENT pro tempore. Under spect—preconditions for the robust responsibilities placed upon us. Hum- the previous order the leadership time views in society—are in decline. bly we ask for divine inspiration for is reserved. Individuals, rights are constantly ex- the decisions of this day. Since we are f panded but responsibilities are shirked and scorned. Absolutes are ridiculed. here to please You in all we do, our FLAG DESECRATION Values are deemed relative. Nothing is hope is that at the end of this day we CONSTITUTIONAL AMENDMENT will hear Your voice sounding in our sacred. There are no limits. Anything The PRESIDING OFFICER (Mr. souls. ‘‘Well done, good and faithful goes. THOMAS). Under the previous order, the servant.’’ In the name of our Lord. The commonsense testimony of R. Senate will now resume consideration Amen. Jack Powell, executive director of the of Senate Joint Resolution 31, which Paralyzed Veterans of America, before f the clerk will report. the Senate Judiciary Committee in RECOGNITION OF THE ACTING The assistant legislative clerk read 1989 is appropriate here: MAJORITY LEADER as follows: Certainly, the idea of society is the band- A joint resolution (S.J. Res. 31) proposing ing together of individuals for the mutual The PRESIDENT pro tempore. The protection of each individual. That includes, acting majority leader is recognized. an amendment to the Constitution of the United States to grant Congress and the also, an idea that we have somehow lost in f States the power to prohibit the physical this country, and that is the reciprocal, will- desecration of the flag of the United States. ing giving up of that unlimited individual SCHEDULE freedom so society can be cohesive and work. The Senate resumed consideration of It would seem that those who want to talk Mr. THOMAS. Mr. President, this the joint resolution. morning until 10:40 a.m. there will be a about freedom ought to recognize the right period for closing debate on Senate Pending: of a society to say that there is a symbol, Biden amendment No. 3093, in the nature of one symbol, which in standing for this great Joint Resolution 31. At 10:40 a.m. the a substitute. freedom for everyone of different opinions, Senate will recess until 2:15 p.m. today. Hollings amendment No. 3095, to propose a different persuasions, different religions, and At 10:40 a.m. the Senate will proceed to balanced budget amendment to the Constitu- different backgrounds, society puts beyond the House Chamber to hear an address tion of the United States. the pale to trample with.

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

S 18373 S 18374 CONGRESSIONAL RECORD — SENATE December 12, 1995 We all know that the flag is one over- special protection is based on the com- actually puts a statute into the Con- riding symbol that unites a diverse municative value of the flag and, stitution and, for the first time, I people in a way nothing else can or therefore, its misguided view violates might add, says Congress can vote up ever will. We have no king. We have no the first amendment. or down on it if it wishes. We have not State religion. We have an American Even if one can punish a flag desecra- done that in the 206 years during which flag. tor under a general breach-of-the-peace we have lived under the Constitution. Today, the Senate must decide statute, the McConnell amendment is We cannot do that to our Constitution whether enough is enough. Today, the not a general Federal breach-of-the- today. Senate must decide whether the Amer- peace statute. It singles out flag dese- This same amendment was rejected ican people will once again have the cration involved in a breach of the 93 to 7 in 1990. It has not improved with right to say, if they wish to, that when peace. Johnson and Eichman have told age. it comes to this one symbol, the Amer- us we cannot do that, we cannot single The two amendments by Senator ican flag, and one symbol only, we out the flag in that way. The same goes HOLLINGS on the balanced budget and draw the line. for protecting in a special way only one campaign finance reform are not rel- The flag protection amendment does item of stolen Federal property, a Gov- evant to the flag protection amend- not amend the first amendment. It re- ernment-owned flag, or protecting in a ment and therefore are subject to a verses two erroneous decisions of the special way only one item, a stolen flag point of order. They should be debated Supreme Court. In listening to some of desecrated on Federal property. and voted on at some other time, but my colleagues opposing this amend- We all know why we would pass such do not destroy the flag amendment be- ment, I was struck by how many of a statute. Do any of my colleagues cause of irrelevant matters on this oc- them voted for the Biden flag protec- really believe we are going to fool the casion. tion statute in 1989. They cannot have Supreme Court? Many of my col- So, I urge my colleagues to support it both ways. How can they argue that leagues, in good faith, voted for the the flag protection amendment and re- a statute which bans flag burning does Biden statute and the Court would not ject the other amendments to be of- not infringe free speech, and turn buy it. The Court took less than 30 fered here today. I reserve the remainder of our time around and say an amendment that au- days after oral argument and less than and ask any time be divided equally. thorizes a statute banning flag burning eight pages to throw the statute out, as does impinge free speech? The PRESIDING OFFICER. The Sen- they will this one. ator from Nebraska. The suggestion by some opponents They will do exactly the same to the that restoring Congress’ power to pro- Mr. KERREY. Mr. President, I ask McConnell statute. Even if the McCon- unanimous consent that 10 minutes in tect the American flag from physical nell statute is constitutional—and it is desecration tears at the fabric of lib- opposition be yielded to me. not, with all respect—it is totally inad- The PRESIDING OFFICER. Without erty is so overblown it is hard to take equate. Far from every flag desecration seriously. These overblown arguments objection, it is so ordered. is intended to create a breach of the Mr. KERREY. Mr. President, I do not ring particularly hollow because until peace or occurs in a circumstance in 1989, 48 States and the Federal Govern- believe that we are going to get Ameri- which it constitutes fighting words. cans to stop desecrating our flag as a ment had flag protection laws. Was Of course, many desecrated flags are there a tear in the fabric of our lib- consequence of amending our Constitu- neither stolen from the Federal Gov- tion. I just do not believe it is going to erties? To ask that question is to an- ernment nor stolen from someone else swer it—of course not. Individual happen. and desecrated on Federal property. In- I see the distinguished Senator from rights expanded during that period deed, most of the desecrations that Utah has a picture, a very disgusting while 48 States had the right to ban have occurred in recent years do not fit picture of a young man, I believe, a physical desecration of the flag. within the McConnell statute. Just as I should add that the American peo- young boy, perhaps, burning an Amer- an illustration of its inadequacy, if the ple have a variety of rights under the ican flag. Much of the desire to pass McConnell statute had been on the Constitution. These rights include a this constitutional amendment comes, books in 1989, the Johnson case would right to amend the Constitution. The in fact, from our observation that in have come out exactly the same way. amendment process is a difficult one. some isolated instances, young people, Why? The Supreme Court said that the The Framers did not expect the Con- angry about something, will desecrate facts in Johnson do not support John- stitution to be routinely amended, and a flag to make a point. Thus, we say, it has not been. There are only 27 son’s arrest under either the breach-of- let us protect ourselves from these acts amendments to the Constitution. But the-peace doctrine or the fighting by amending the Constitution or pass- the Framers of the Constitution did words doctrine. Moreover, the flag was ing a statute at the State level or pass- not expect the Senate to surrender its not stolen from our Federal Govern- ing, in this case, now in an amended judgment on constitutional issues just ment. Finally, the flag was not dese- form, a law at the Federal level saying because the Supreme Court rules a par- crated on Federal property. that it is now against the law to dese- ticular way. So the McConnell statute would not crate the flag. The amendment process is there, in have even reached Johnson, and the The respect for the flag is something part, as a check on the Supreme Court case would have come out exactly the that is acquired. One makes a choice and in an important enough cause. same. What, then, is the utility of the based upon an understanding of what This is one of those causes. McConnell statute, as a practical mat- the flag stands for, and that under- Let me briefly address the pending ter, other than to kill the flag protec- standing does not come in some simple amendments to Senate Joint Resolu- tion amendment? fashion. It does not come with a snap tion 31. The McConnell amendment is a The Biden amendment, on the other of our fingers: Amend the Constitution, killer amendment. It would gut this hand, insists if we are to protect the pass a law, and thus, all of a sudden, constitutional amendment. It will flag, we must make criminals out of young people all across the Nation—or completely displace the flag protection veterans who write the name of their adults, for that matter—will imme- amendment should it be approved. A unit on the flag. If the statute that au- diately acquire respect for the flag vote for the McConnell amendment is a thorizes this had been enacted at the based upon knowing that they will be vote to kill the flag protection amend- time, Teddy Roosevelt and his Rough punished if they do not. ment. Senators cannot vote for both Riders would have been criminals. That is basically the transaction the McConnell amendment and the flag Why? Because they put the name of here. We are saying, either respect the protection amendment and be serious. their unit on the flag they followed up flag or we will punish you by invoking I say with great respect the Senator’s San Juan Hill, the flag which over 1,000 the law and perhaps fining you. I do amendment is a snare and a dilution. of their comrades died in protecting. not know, maybe there will be a jail We have been down this statutory road Moreover, the Biden amendment sentence attached, some mandatory before and it is an absolute dead end. blurs the crucial distinction between minimum perhaps that will be associ- The Supreme Court has told us twice our fundamental charter, the Constitu- ated with the new criminal law of dese- that a statute singling out a flag for tion, and a statutory code. Read it. It crating the flag. December 12, 1995 CONGRESSIONAL RECORD — SENATE S 18375 Let me be clear on this. Many people We see an increase today of consump- Third, I put down on my list of things are very confused, because I heard tion of illegal drugs by 12- and 13- and for an individual to acquire character some people say, ‘‘It is against the law 14- and 15-year-old youth who are using is that will have to learn to be consid- to desecrate the dollar bill. Why is it marijuana, who are using cocaine, who erate about others—not self-centered not against the law to desecrate the are using illegal drugs. We already but considerate. flag?’’ It is against the law to desecrate have a law on the books where they What the flag burning issue is all our flag. You cannot go down to the will suffer tremendous consequences. about—what the desecration issue is Iwo Jima Memorial or Arlington or up There is a decline in character today all about—is do not necessarily offend on the hill where the Washington with the youth of America for a whole somebody. Do not offend them, not just Monument stands and burn a flag that range of reasons, but we are not going by burning a flag, but by disrespecting is owned by the people of the United to reverse that decline by simply pass- their property rights, or disrespecting States of America. This issue here, this ing a constitutional amendment and is- their right to speak. Be considerate of concern here is with a flag that some suing a press release saying that we re- other people. individual owns. spect the flag and all sorts of other That is one of the things that one If the suspicion occurs, under this glowing statements that we might needs, if they are going to acquire new constitutional amendment—I as- make. character. But you need to be con- sume enabling legislation will occur as I made a list of things that I would scious of time, and aware of the gift of a consequence—that somebody, in their put down if I was trying to determine life. home, is desecrating their flag, it will whether or not an individual had ac- All of us in this Chamber are old now fall to the police or to the Federal quired, through effort, through work, enough to have either been with some- law enforcement officials, I suspect, de- through discipline, real character. It is body who is dying, or seen somebody pending upon how the statute is writ- not easy to do it. It is not just respect, lose their life. And we know how pre- ten, to go into the home to make sure reverence of the flag; it is respect and cious life is as a consequence of that that individual is not desecrating his reverence for adults, the older people loss. We have been with a parent, with or her flag. That is the kind of response who have served, who put their lives at a loved one, and have sat with them as we are going to have our law enforce- risk at Iwo Jima, who put their lives at the life left them. We have sworn that ment people now charged with the re- risk at Normandy, who put their lives moment that we would never forget how precious life is. And we committed sponsibility of making. at risk at the Chosen Reservoir, who ourselves, at least for a short period of I understand. I have spoken many put their lives at risk at Khe Sanh, time, to change our ways, to abolish times with American Legion members who put their lives at risk in Desert and banish the habits that cause us to in Nebraska who are very enthusiastic Storm, who put their lives at risk in behave in ways that we do not like and about this amendment, or Veterans of Bosnia, who put their lives at risk Foreign Wars members, or Disabled are not proud of. every single day they wear the uniform One must acquire, in the words of Al- American Veterans members who are of the United States of America and bert Schweitzer, ‘‘a reverence for very concerned about the loss of re- train to fly a plane and train to do the life’’—a respect for life as opposed to spect. They are very concerned about work that we ask them to do to protect being not just disrespectful but perhaps the loss of character. us. destructive as well; but all of these Indeed, one of the most impressive There are 38,000 people today in things in community service right now, things, and more besides. South Korea, Americans serving this I made a list this morning. There are that has been over the course of my country, putting themselves at risk as others beside the elements of character life, has been American Legion effort, the North Koreans continue to press. that we are trying to teach our young and VFW and DAV effort, to provide We need to teach our young people people that cause us to be alarmed programs for young people, to teach what it means to serve, and guide them when we watch daytime television, them the history of this country, to in the acquisition of character and that lead to our wanting to amend the teach them about D-day, to teach them making the choices necessary to have Constitution to protect the one sym- about what stands behind this flag, character. To have character means bol, the one icon that tends to bind us why this flag is so revered by those of that you are obedient to something together as a nation. All of us have had us who have served underneath it. But higher than your own willful desire to various experiences as a consequence of we see in that moment, if it is Legion satisfy short-term concerns. Obedience serving under that flag. baseball or a VFW youth program, you is not easy. It is not easy to be obedi- If you force people to respect the flag see in that moment the kind of effort ent to your parents. It is not easy to be by amending our Constitution, or by that is required to teach respect, for a obedient to your country—to answer passing a law, you are not going to young person to choose to acquire the the call, and say you are going to give have people respect the flag more. That character necessary to give the kind of yourself to some higher authority. It is is not the pathway to produce less reverence due the U.S. flag. much easier to say, ‘‘Well, you know, desecration of the flag—something, by I know this amendment, now that it freedom means to be willful. Freedom the way, that happens very little at all. has been modified, stands an even bet- means to do whatever I want. It is not It is not, in my judgment, a great ter chance of passing. But make no just burning a flag. If I want to threat to this country. What is a great mistake, there is going to be a con- consume marijuana, or consume co- threat to this country is when 40 per- sequence to this vote. This is not one caine, or do the opposite of what my cent of our youth do not know what of those deals where you just vote on it parents tell me to do, that is what the cold war was; when 50 percent do and say, Now I have kept faith with the being free is all about. Freedom is not not know whether Adolf Hitler was an American Legion, the VFW, the DAV, being obedient. That is to be a slave.’’ enemy in the Second World War; when that have been lobbying very hard on Well, Mr. President, we need to teach a large percentage of people are unable it. There will be a consequence. We are young people that the pathway to free- to associate with any of the narrative going to pass a law and afterward there dom, in fact, is to be obedient to some- of this country—any of the over 200 will be a law enforcement response. We thing other than your own desire to years of narrative of heroic adventures are going to have an opportunity to satisfy some short-term concern, phys- and life laid down for freedom that measure, have we protected our flag as ical or otherwise. To be an individual causes us in this moment to say, ‘‘Well, a consequence of amending the Con- that acquires character means that let us try to establish once and for all stitution? Is there more reverence and you pay attention to what is going on that we will have character in this respect? Do the young people of Amer- around you. You do not daydream. To country by amending our Constitu- ica now say, ‘‘Gee, now that Congress pay attention requires effort to note tion.’’ has amended the Constitution, passed a life around you—to note the passing Mr. President, I again know there is law, and provided an environment not just of time. But your own life re- great desire on the part of the Legion, where it is going to be illegal for us to quires you to pay attention. the VFW, and DAV, and many other burn the flag, we are now going to re- We need to help our young people well-intended people who are concerned spect the flag more’’? I do not think so. learn what is necessary to do that. about the flag and want to protect the S 18376 CONGRESSIONAL RECORD — SENATE December 12, 1995 flag. To protect the flag takes us down coffin at his funeral, after he died of If we allow ourselves to compromise a much different and a much more dif- cancer in 1990. on freedom, what can we expect young ficult road, one that I believe this For the rest of my life, I will remem- democracies like Russia and Ukraine country needs to follow. But I do not ber seeing that flag and being so proud to do, when they are faced with the dif- believe at all that we are going to in- that my father had earned the right to ficult issues and decisions that freedom crease the amount of respect that have an American flag laid upon his brings? Americans have for their flag as a con- casket—the highest military honor—by If we want to spread freedom, we sequence of amending our Constitu- serving his country courageously in need to stand for freedom—without tion. Indeed, I believe quite the oppo- wartime. equivocation or compromise. site. My dad was a scout in the U.S. Army, Just as importantly, freedom is what For those who think it is a fairly fighting with the Allies in Western Eu- will preserve our own democracy for easy free vote—vote for it, and walk rope during World War II. the long run. Without freedom, Amer- away—there will be consequences. We D-day had come and gone, and the ica will cease to be America. are going to amend laws. We are going Germans were aggressively What does our freedom consist of? to have the spectacle of people being counterattacking, in the desperate Perhaps the most fundamental free- arrested in their home, the spectacle of hope that the Allies would lose heart dom is the first one enumerated in the law-abiding citizens now being faced and relent, allowing Germany to rearm Bill of Rights: the freedom of speech. with all kinds of new charges and accu- and retain control over itself. This is And freedom of speech means nothing sations that they do not respect the what we came to call The Battle of the unless people are allowed to express flag sufficiently. Bulge. views that are offensive and repugnant Mr. President, I hope that there are Being a scout was one of the most to others. 34 votes in this Senate to block this be- dangerous jobs in the Army, because The freedom of speech that is pro- cause I believe that the flag of the you usually went out alone or in small tected by the Constitution is not about United States of America should not be groups, with minimal firepower. reaching consensus, it is about conflict politicized. And I believe it will—not And the whole purpose of being a and criticism. by the well-intended Senators who are scout was to find the enemy—to locate Freedom of speech knows no sacred here today on the floor in support of his position and strength, and then re- cows. this resolution, but by the actions that port that information back to the unit As all of us here are painfully aware, will occur as a consequence of this command. the high offices we hold provide no in- amendment. Since you were virtually defenseless sulation from attacks by the media, Mr. President, I yield the floor. as a scout, you did not want to engage even those that are completely unfair Mr. MCCONNELL addressed the the enemy, but often that was unavoid- and inaccurate. Chair. able given the nature of the task. And as much as I do not like it at The PRESIDING OFFICER. The Sen- In fact, my dad lost two-thirds of his times, that is the way it ought to be. ator from Kentucky. company in one hellish night of fight- As Justice Jackson wrote in the 1943 Mr. MCCONNELL. Mr. President, I ing; and he himself came home with decision, West Virginia State Board of understand that the time of the oppo- the Purple Heart. Education versus Barnette: nents on this is controlled by Senator But at least he came home. If there is any fixed star in our constitu- BIDEN. Those were difficult and anxious tional constellation, it is that no official, The PRESIDING OFFICER (Mr. JEF- times, but there was also great clarity high or petty, can prescribe what shall be or- thodox in politics, nationalism, religion or FORDS). We are not certain who is con- of purpose in America’s participation trolling the time. in World War II. other matters. Mr. MCCONNELL. I am an opponent And as I look at that folded-up flag The reason we have a first amend- of the amendment, so I yield myself 20 in my office, what strikes me over and ment is that the Founders of this Na- minutes. over again is that my dad voluntarily tion believed that, despite all the ex- The PRESIDING OFFICER. Without went to war—risked his life like so cesses and offenses that freedom of objection, it will be charged to either many others of his generation—not be- speech would undoubtedly allow, truth side. cause he was interested in acquiring a and reason would win out in the end. Mr. MCCONNELL. Mr. President, piece of European real estate, but be- As one constitutional scholar put it, when we talk about the American flag, cause he believed in the cause of free- the answer to offensive speech is not we usually do not think of it as an ab- dom. more repression, but more speech. straction. It is not just a design on Protecting America’s freedom—and To put it another way, the best regu- canvas. restoring the freedom of other na- lator of freedom—as paradoxical as For most of us, the flag means even tions—that is why my dad went to war. that sounds—is more freedom. more than the treasured symbol of our United States Rangers scaled the The Supreme Court also has made it Nation. cliffs of Normandy not to conquer, but clear that the first amendment does Often, we think about a particular to free. General MacArthur returned to not protect just the written or spoken American flag we have seen or owned, the Philippines, not to conquer, but to word. and the special memories that sur- free. That is because ideas are often com- round that flag. Even as we speak, American troops municated most powerfully through Some of us may remember the flag are deploying to Bosnia, not to con- symbols and action. our fathers took out every Fourth of quer, but to bring freedom from cen- We do it all the time in political July and displayed from a makeshift turies of ethnic violence and bloodshed. campaigns. flagpole. Freedom is and always has been the For example, as I have cited on this Some of us may remember saying the great cause of America, and we must floor many times, the Supreme Court Pledge of Allegiance to the flag in our never forget it. has held that spending on political first grade classroom. If we have learned one thing from the speech is constitutionally indistin- Or we may recall the beautiful sight astonishing collapse of global com- guishable from the speech itself. of an American flag in a foreign coun- munism, it is that freedom eventually And because campaign spending is so try, reminding us of home and safety. wins out over tyranny every time. Ron- closely linked to political speech—the Personally, I think of the American ald Reagan predicted it, and as usual, core of the first amendment—the Court flag that sits on the mantle in my Sen- he was right. has held that mandatory campaign ate office, folded up into a neat tri- Freedom is the most powerful weap- spending limits are per se unconstitu- angle. on America has in a watching world. tional. There is not a day that goes by with- Preserving freedom—even when every But that is only one example where out me seeing that flag and thinking impulse we feel goes in the opposite di- something that appears to be conduct about it, if only for a minute or two. rection—sets an example for other na- has a clear expressive purpose that I am very proud of that flag, because tions to follow when their road to free- falls within the ambit of the first it was the flag that draped my father’s dom gets rough. amendment. December 12, 1995 CONGRESSIONAL RECORD — SENATE S 18377 So to categorize something as con- As Jim tells the story, the North Vi- Their strategy was clear: if the Brit- duct doesn’t fully answer the question etnamese interrogator reeled back, ish were able to take Baltimore, they of whether it is also speech, and there- ‘‘His face purple with rage * * *. I was could effectively split the country in fore protected by the Constitution. astonished to see pain, confounded by two. Of course, when we see hateful people fear, in his eyes.’’ Then they would be free to wage war desecrating the American flag, we are Drawing on that incredible experi- against the two divided sections: from instantly repulsed by it. ence, Jim Warner wrote the following the north, by coming down Lake Cham- It strikes at the core of our emo- about the issue before us today: plain to New England; and from the tions. We don’t need to amend the Constitution south, by taking New Orleans and com- And it is not only because we love in order to punish those who burn our flag. ing up the Mississippi. the flag and all that it symbolizes to They burn the flag because they hate Amer- All that lay in the path of the British us; it is also because of what is being ica and they are afraid of freedom. What bet- Navy was Baltimore. But first they had communicated by such foul behavior. ter way to hurt them than with the subver- to get past Fort McHenry, where 1,000 Those who willfully desecrate our sive idea of freedom? Spread freedom. American men were waiting. When a flag was burned in Dallas to pro- On one of the British ships was an flag are saying that America is a lousy test the nomination of Ronald Reagan . . . country, that its faults are beyond re- he told us how to spread the idea of freedom, American named Dr. Beanes who had pair, and that it deserves to be torn when he said that we should turn America been taken prisoner earlier. A lawyer down and reviled. into a ‘‘city shining on a hill, a light to all by the name of Francis Scott Key had They are also saying—and this is nations.’’ been dispatched to the ship to nego- something I take particular offense Do not be afraid of freedom, it is the best tiate his release. at—that men like my father—who weapon we have. The British captain was open to the spilled their blood to save America and ‘‘Spread freedom—spread freedom.’’ idea, but they would have to wait; the liberate others—were involved in an If anything is a conservative creed, bombardment of Fort McHenry was unworthy cause. that is it. about to begin. Thus, burning the flag is a uniquely That is why so many die-hard con- All through the night, Beanes and offensive way of disparaging their hero- servatives flatly reject the idea of a Key watched Fort McHenry being pum- ism and trivializing their sacrifice. constitutional amendment to ban flag meled by cannon shells and rocket fire. Ideas like these are not only rep- burning. They were close enough in to hear rehensible, they are also demonstrably George Will called it a ‘‘piddling-fid- the shouts and screams of men in mor- false. dling amendment.’’ Cal Thomas said it tal combat. They are lies: lies about America, was ‘‘silly, stupid, and unnecessary.’’ And all night long, they could see the and lies about those who fought and The National Review editorialized American flag flying defiantly over the died for our country. against it twice, saying it would fort, illuminated by the bombs and ex- Nevertheless, as divisive and dis- ‘‘make the flag a symbol of national plosions. torted as these ideas are, as much as disunity.’’ But when dawn came, the bombard- they deserve to be condemned, they are The College Republicans, in their ment ceased and a dread silence fell still protected by the first amendment. newspaper the Broadside, argued that a over the entire battlescape. The most revolutionary facet of our flag burning constitutional amendment Dr. Beanes and Francis Scott Key Constitution—what sets it apart from would not accomplish much of any- strained to see any signs of life from every other document in history—is thing. the battered ramparts of Fort that it confers its benefits not only on And Charles Krauthammer warned McHenry. And what they saw brought them in- those who love this land, but also on that it would ‘‘punch a hole in the Bill credible joy: despite the brutal on- those who hate it. of Rights,’’ concluding that, ‘‘If this is slaught of the night before, the Amer- For years, people in other countries conservatism, liberalism deserves a ican flag—torn and barely visible in saw it as a weakness that we tolerated comeback.’’ the smoke and mist—still streamed so much vitriolic dissent in America. And what about the liberals? gallantly over Fort McHenry. Now they are realizing it is our Nat Hentoff wrote that a constitu- The message was clear: the British strength. tional amendment to ban flag burning were not going to get to Baltimore— I think of the powerful testimony of would itself be desecration of the flag and the war had taken a decisive turn Jim Warner, a prisoner of war in North and the principles for which it stands. in America’s favor. Barbara Ehrenreich wrote a hilarious Vietnam from 1967 to 1973, whom I had So let us get one thing straight: our essay in Time magazine, envisioning the privilege of meeting this year. flag survived the British naval guns at During his imprisonment, Jim had all the legal conundrums that a flag Fort McHenry. been tortured, denied adequate food, desecration amendment would create— Our flag weathered the carnage and and subjected to over a year of solitary especially in an age when flag motifs cannon-fire of a national civil war. confinement. are used on everything from campaign Our flag still flapped angrily from When he was finally released, he bumper stickers to underwear. the front deck of the U.S.S. Arizona— looked up and saw an American flag. At some point, flag desecration is in even after she had been blown in half To use Jim’s own words, ‘‘As tears the eye of the beholder. and sunk at Pearl Harbor. filled my eyes, I saluted it. I never In all of these writings, from across And our flag stood tall in the face of loved my country more than at that the ideological spectrum, the theme is machine-gun and mortar fire at Iwo moment.’’ the same: to use Jim Warner’s deeply- Jima. One can only imagine how much it felt words again: ‘‘Spread freedom. Make no mistake: this is one tough grieved this patriot when a North Viet- Don’t be afraid of freedom. It’s the best flag—and it does not need a constitu- namese interrogator showed him a pho- weapon we have.’’ tional amendment to protect it. tograph of some Americans protesting Let me conclude with a brief story. All it needs is hardy men and women the Vietnam war by burning an Amer- The night of September 13, 1814, was who believe in freedom and have the ican flag. one of the darkest in our Nation’s his- courage to stand up for it, whatever The interrogator taunted Warner by tory. the circumstances. saying, ‘‘There. People in your country The late Isaac Asimov wrote a fas- Then we can say together with con- protest against your cause. That cinating account of this night, which fidence the words Francis Scott Key proves you are wrong.’’ was later published by Reader’s Digest. penned after that September night in But Jim Warner mustered every bit I will attempt to summarize it: 1814: ‘‘And the star-spangled banner in of strength he had and replied firmly, Three weeks before that fateful Sep- triumph shall wave O’er the land of the ‘‘No—that proves I am right. In my tember night, the British had suc- free and the home of the brave.’’ country we are not afraid of freedom— ceeded in taking Washington, DC, and I yield the floor. even if it means that people disagree now they were heading up Chesapeake The PRESIDING OFFICER. Who with us.’’ Bay toward Baltimore. yields time? S 18378 CONGRESSIONAL RECORD — SENATE December 12, 1995 Mr. HATCH addressed the Chair. in R.A.V., those distinctions are made lation to prohibit flag burning, and I The PRESIDING OFFICER. The Sen- within a category of unprotected have voted against amending the U.S. ator from Utah is recognized. speech. Thus, even though fighting Constitution. Mr. HATCH. Mr. President, I listened words or words that incite a breach of But, more than any other time in the to my friend and colleague. And there the peace are unprotected, Congress past, I have grappled with today’s vote are very few people I have as much ad- cannot prohibit only certain types of to amend the Constitution to stop flag miration for as I do the distinguished speech within these areas of unpro- burning. This time the debate is dif- Senator from Kentucky. I think he is a tected speech. However, it is this that ferent. gracious man and wonderful Senator. the McConnell statute impermissibly I truly believe that our Nation is in a He has led the fight on a lot of very does. crisis. good issues. In fact, the Court in R.A.V. made Our country is in a war for America’s The McConnell amendment has two clear that this doctrine would be ap- future. It’s that’s being waged against fundamental flaws that should con- plied to any flag protection statute. As our people, against our symbols and vince anyone who supports Senate Justice Scalia wrote for the Court: against our culture. And I want to help stop it. Joint Resolution 31 or who wants to ‘‘Burning a flag in violation of an ordi- protect the flag to vote to reject the I firmly believe that we need a na- nance against outdoor fires could be tional debate on how to rekindle patri- Senator’s amendment. First, the Su- punishable, whereas burning a flag in otism, values, and civic duty. preme Court will certainly strike down violation of an ordinance against dis- And if there is a way to do that, then the statute as contrary to its decisions honoring the flag is not.’’ Since the I am all for it. It’s important to me, in Johnson and Eichman. Second, the McConnell amendment is not a law of and it’s important to the future of our McConnell amendment is so narrow general applicability, but instead is Nation. that it will offer virtually no protec- one that singles out the flag for protec- Mr. President, I do not—and never tion for the flag. The McConnell tion, it will be held to be unconstitu- have—intended or wished to inhibit amendment would not even have pun- tional by the Court. America’s freedom of speech. In fact, ished Gregory Johnson, which is the Mr. President, the McConnell amend- the first amendment—and others—got cause celebre case that is really in- ment is so narrow that it would not me where I am today. volved here, among others. even have punished Gregory Johnson I feel so strongly about this issue What message does that send about for his desecration of the flag. And in that I seriously considered supporting our society’s willingness to defend its Johnson—this is a pretty good rep- an amendment to the Constitution. values? resentation of what Johnson and others But, my colleague from Kentucky The McConnell amendment’s primary did. has offered an alternative to amending fault is that the Supreme Court, fol- In Johnson, the Court held that un- the Constitution that would protect lowing its mistaken Johnson and less there was evidence that a riot en- the flag and protect the Constitution. I Eichman decisions, will strike it down sued, or threatened to ensue, one could will support that alternative approach as a violation of the first amendment. not protect the flag under the breach of today. Both Johnson and Eichman make clear the peace doctrine. Small protection, Senator MCCONNELL’s proposal does that neither Congress nor the States that. Do we really want to limit pro- not amend the Constitution, but it will may provide any special protection for tection of the flag only to those narrow get the job done by punishing those the flag. Because the Court views the instances when burning it is likely to people who help wage war against the flag itself as speech, any conduct taken breach the peace? I think not. symbol of this country and everything in regard to the flag constitutes pro- Even if sections (b) and (c) of the it stands for. tected expression as well. McConnell amendment could survive I know that we have gone down this As Prof. Richard Parker of Harvard constitutional scrutiny, which I do not road before by passing statutory lan- University Law School concludes: believe they can, they are no sub- guage to ban flag burning only to have ‘‘Since the flag communicates a mes- stitute for real flag protection. Only the Supreme Court overturn it. But, sage—as it, undeniably, does—any ef- those who steal and destroy flags that the McConnell amendment should pass fort by government to single out the belong to the United States, or only constitutional challenge. flag for protection must involve regu- those who steal the flag from others If there is a way to deal with and lation of expression on the basis of the and destroy it on Government prop- punish those who desecrate our U.S. content of its message.’’ So a careful erty, can be punished under the McCon- flag without amending the Constitu- reading of Eichman bears this point nell amendment. Gregory Johnson did tion, I am all for it. That is why I sup- out. Even though the 1989 act was not steal his flag from the United port the McConnell amendment. The McConnell amendment says you facially content-neutral, the Court States; it was stolen from a bank build- cannot get away with abusing the flag found that Congress intended to regu- ing. He did not burn his stolen flag on of the United States. It means that you late speech based on its content. Federal property. He burned it in front can’t get away with using the flag to The McConnell amendment is not of city hall. If the amendment would incite violence. The McConnell amend- going to fool anyone, least of all the not punish Gregory Johnson, who will ment says you can’t use this Nation’s Supreme Court. Its purpose is clear: to it punish? symbol of freedom and turn it into a protect the flag from desecration in Adoption of the McConnell amend- certain, narrow instances. Unfortu- symbol of disrespect. ment will amount to the Government’s The McConnell amendment stands nately, the Supreme Court has said unintended declaration of open season for the same things I do. It protects the that the American people cannot do on American flags. Just do not burn it principles embodied in our Constitu- this, something they had a right to do to start a riot. Just do not steal if from tion—as well as our U.S. flag. for almost 200 years, a right they had the Government. And just don’t steal it Mr. SIMPSON. Mr. President, my re- exercised in 48 States and in Congress and then burn it on Government prop- marks will last a very few moments. I up to 1989, with the Johnson decision. erty. Otherwise, the McConnell amend- believe the Senator from Virginia was Do we need a third Supreme Court de- ment declares, flag burners are free to here before I was and is seeking rec- cision striking down a third flag pro- burn away, just like they did on this ognition. tection statute in just 6 years before occasion, represented by this dramatic The PRESIDING OFFICER. Does the the Senate gets the message? photograph that is true. Senator wish to speak in opposition? Even if the Court were to find that Mr. President, I yield the floor. Mr. SIMPSON. No. I will be speaking the McConnell amendment was not in- Ms. MIKULSKI. Mr. President, I sup- in accordance with the flag amendment tended to protect the flag from dese- port and cosponsor the MCCONNELL desecration, with Senator HATCH. cration, it will still find it unconstitu- amendment to ban flag burning. I op- Mr. HATCH. I yield 5 minutes to the tional. Under its decision in R.A.V. pose the burning of our U.S. flag. I op- distinguished Senator from Wyoming. versus City of St. Paul, the Court will pose it today just as I always have. Mr. SIMPSON. Mr. President, I would strike down any statute that draws Mr. President, I feel very strongly like to make certain very brief com- content-based distinctions, even if, as about this issue. I have voted for legis- ments on this pending resolution. For a December 12, 1995 CONGRESSIONAL RECORD — SENATE S 18379 number of years, I have listened and I agree with his conclusion that ‘‘it precisely those circumstances where been content—well, not always con- isn’t the idea of desecrating the flag the flag is burned to convey a message tent, but I have listened—to the heated that the American people propose to that the freedom that the flag rep- debate surrounding this amendment, ban.’’ Anyone is free to stand and to resents—the basic democracy of this and I now feel compelled to interject state how much they detest the flag, country—is challenged. some rich personal thoughts of my hate the flag and all that it stands for. We nominate for the Nobel Peace own. ‘‘It’s the physical desecration of the Prize many in other countries who Many of the comments I have heard flag of the United States that ought to stand up to dissent peacefully against that are taking issue with this plan to be against the law.’’ their government, who say that they amend the Constitution center around I could not agree more. For as Mr. believe their government is wrong for the issue of free speech. Opponents Greenberg states so eloquently, some whatever reason. We have nominated, claim that if the flag desecration things in a civilized society should not or others have nominated, everybody amendment is adopted, it will chill free be tolerated—such as vandalizing a from Aung San Suu Kyi in Burma, who speech, or will mean that a small ma- cemetery, scrawling anti-Semitic slo- has just been released, to Nguyen Dan jority will be free to determine exactly gans on a synagogue, scrawling ob- Que in Vietnam, Wei Jing Sheng in what activities constitute desecration. scenities on a church, spray-painting a China, Nelson Mandella in South Afri- What these often self-proclaimed national monument or, surely, for that ca, many in the former Soviet Union champions of free speech forget is that matter, burning of the American flag. that were honored because they spoke certain forms of speech are already It really ought to be as simple as that. up and spoke out. regulated, including that category of Period. And it is precisely when an individ- speech known as fighting words. Thank you, Mr. President. ual is threatened by his or her govern- Back in the 1950’s, I was honored to Mr. ROBB addressed the Chair. ment when he or she begins to speak serve my country in the U.S. Army. I The PRESIDING OFFICER. The Sen- out, that basic freedoms and democ- served in the infantry in Germany for 2 ator from Virginia is recognized. racy are most threatened. We know years, in the 10th Infantry Regiment of Mr. ROBB. Mr. President, I yield my- that the first sign that freedom or de- the 5th Division, and with the 2d Ar- self 5 minutes against the time charge- mocracy is in trouble anywhere around mored Division, ‘‘Hell on Wheels,’’ able to those who oppose the amend- the world is when the government serving with the 12th Armored Infantry ment. starts locking up dissenters, when the Battalion. Every single day for over 2 The PRESIDING OFFICER. The Sen- freedom of the people to express their years, I got up in the morning and I sa- ator is recognized for 5 minutes. political opinions is stifled. And this is luted that flag, marched in military Mr. ROBB. Mr. President, I rise with the distinction—the distinction be- parades behind it, maneuvered with it a degree of reluctance because I’m tak- tween an act and a message—that I on the front of an armored personnel ing the opposite side from so many hope that we will be able to make when carrier, and was ready to die for it. All friends, and veterans, and those who we consider this amendment. of us who served in the military did believe very strongly that we ought to The acid test of democracy is wheth- that, for that was our mission. have some constitutional protection er or not we can speak out in peaceful So when I see someone who has never dissent against our Government with- been in the military—oftentimes you for the flag. But I myself feel very strongly that out fear of being arrested, or pros- see that—and someone who does not ecuted, or punished. And in this case, have a shred of respect for the country, this would be the wrong move for us to make. the amendment goes directly to the but much cynicism—throw a flag on heart of that freedom. the ground and urinate on it, or burn I, like many of our fellow Senators, served in the armed services. I served Now I know that many who support it, and claim he or she is exercising his this amendment—many of my fellow or her right to free speech, it does rise in combat. I am one of those who has always respected the flag. I never fail Senators, many other Members of Con- to the level of fighting words to me, in gress, and certainly leaders of veterans to rise to render appropriate honors. my book. And I would surely be willing organizations, and others around this Indeed, like all others who served, I to bet it does in the books of a lot of country—have a very noble cause and was willing to die for our flag if nec- other law-abiding citizens of this great purpose. But I happen to believe that essary—or for the underlying freedoms country. cause and purpose—that expression of that our flag represents. And yet I be- That is where I am coming from, and devotion to our country—is best served lieve that this amendment moves in there are those who have served in the if we don’t amend the Constitution in the wrong direction. military and those who feel just as this case. strongly on the other side, and I re- We already have in place rules and Now I am not one that is arbitrarily spect those views. But I do have a lot regulations and statutes that prohibit opposed to amending the Constitution, of trouble with people who were never desecration of our flag under certain but in this situation the amendment in the military and hearing them ex- circumstances. If the flag that is being goes directly to the heart of what that press themselves on the issue on either burned does not belong to the individ- Constitution protects for us and for all side. That is clear, in my mind. So I ual that is burning it, there are already of our citizens. more deeply respect the views of those laws in place to cover that kind of So I would respectfully urge all of my who have worn the colors, who feel just physical destruction—or desecration. If colleagues to think long and hard with as strongly on the other side, but I the flag is being burned for the purpose all due deference to their patriotism have great trouble listening to the of inciting a riot, or anything along and resist the temptation to amend our prattle of those who have never even those lines, there are already laws in Constitution in a way that would sig- served in the Civil Air Patrol. place to prohibit that kind of activity. nificantly undermine precisely the Recently, I read an article on flag Indeed, the manual that we have on freedoms and the democracy that we desecration by Paul Greenberg in the our flag talks about the proper way to seek to protect. July 6 copy of the Washington Times. dispose of a flag. It is listed under ‘‘Re- With that, Mr. President, I yield the He made several points I think bear re- spect for the Flag.’’ Section 176, para- floor and I thank the Chair. iterating. He claims, in a witty and graph K talks about the proper way to Mrs. MURRAY. Mr. President, as an substantial style, that ‘‘our Intelligen- dispose of a flag that has been rendered American, and the daughter of a dis- tsia’’ have done their level best to ‘‘ex- no longer useful, one that is either tat- abled veteran, I take deep pride in our plain to us yokels again and again that tered, torn, damaged, or somehow ren- great Nation. To me, the flag symbol- burning the flag of the United States dered less than an appropriate symbol izes our strength, our democracy, and isn’t an action, but speech, and there- of our country. The appropriate way to our unprecedented freedoms—freedoms fore a constitutionally protected dispose of that flag is to burn that flag. that set us apart from every other right,’’ and they cannot understand The difference that we are talking country in the world. Our Constitution why a vast majority of the American about with this amendment is the dif- guarantees all of us this freedom, in- public continues to want this amend- ference between an act and an expres- cluding the right to free speech. I be- ment. sion of opinion, of speech. And it is in lieve we should be very cautious about S 18380 CONGRESSIONAL RECORD — SENATE December 12, 1995 altering this document, because to do By community responsibility, I mean Mr. President, I am thankful to the so alters the fundamental ideals on that each person take the right you people of Maryland who sent me here, which our country was built. have to speak, to march, and to orga- and America’s veterans should know I am deeply troubled by the implica- nize, but remember when we desecrate today I am voting for what they fought tions of this proposal; namely, that symbols, we desecrate each other. for and all the people who work every some people believe it is now necessary I do not wish to inhibit freedom of day to make our country great. to force Americans to respect their flag expression. But I want us to live in a Yes, I believe we can and should have by enacting legislation demanding they culture that calls people to their high- a law to end the desecration of our do so. That is wrong and unnecessary. est and best mode of behavior. But we flag. Yes, we need more community re- I do not believe this constitutional are not doing that in our society today. sponsibility, more patriotism, more amendment will result in Americans We cannot build a society for the 21st civic participation, values, and virtue. having greater respect for authority, century that advocates permissiveness I hope to cast my vote today to con- for our Government, or for our flag. without responsibility. For every right tinually use the Constitution to expand Rather, I believe this amendment rein- there is a responsibility. For every op- democracy and not to constrict it. forces the idea that reverence for one’s portunity, there is an obligation. Now is not the time to change the country and the symbols of one’s na- I am very frustrated about what is course. Now is not the time to tamper tion must be imposed by law. And, I do going on in our country. I believe there with laws, precedents and principles not think that is what the American is a war being waged—against our peo- that have kept us in good stead for two people need, nor do I believe this prin- ple, against our symbols, and against centuries. ciple is consistent with our Nation’s our culture. Mr. President, I take amending the history of uncoerced respect for our When I go into the neighborhoods, Constitution very seriously, and I will country and flag. Instead, I hope par- moms and dads tell me that the tough- not vote today to change it. ents will instill in their children, just est job in this country today is being a Mr. HATFIELD. Mr. President, I sup- as I have in mine, a deep respect for parent, providing for their families and port Senate Joint Resolution 31, the the flag. I also pray our Nation will teaching their children the values of Flag Protection and Free Speech Act of never again be so divided that burning our society. 1995, introduced by the distinguished the flag becomes popular or acceptable. Love your neighbor; love your coun- chairman of the Judiciary Committee, But it is my father who spoke most try; be a good kid; honor your father Senator HATCH. Let me compliment my directly to my heart on this issue. In and your mother; respect each other. friend from Utah for his steadfastness World War II, my father fought for this These moms and dads feel that no one on this complex and at times emo- Nation in the Pacific theater. He was is looking out for them. The very val- tional issue. wounded in battle and some doctors be- ues they teach in the home are being As one who saw the Stars and Stripes lieve that the shrapnel in his leg may eclipsed and eroded by the culture that go up at Iwo Jima, I can say I share the even be the cause of the multiple scle- surrounds us. And some children do not feelings of pride for our flag that have rosis from which he has suffered for the even get that much attention. been sincerely expressed by Senators last 30 years. When I asked him his We should—and need to—have a na- on both sides of this debate. If the flag feelings about this constitutional tional debate on these issues. symbolizes this Nation and the free- amendment, he was saddened and of- But we cannot change the culture by doms it provides, the Constitution is fended. He explained that he had not changing the Constitution. We change the living legal document under which fought for the U.S. flag; he had fought the culture by living the Constitu- this nation was created and pursuant and suffers still for the freedom that tion—by speaking out responsibly and to which those freedoms are guaran- our flag symbolizes. That freedom is by organizing. I support amendments teed. While I have consistently sup- what this Congress may vote to limit. to expand the Constitution, not con- ported legislative measures to protect Mr. President, for the ideals em- strict it. the flag from those misguided souls bodied in our Constitution, for the re- Mr. President, I am a U.S. Senator who would deface it, I have been reluc- spect I have for all our flag represents, because of amendments to the Con- tant to amend the Constitution to do and most personally, for my father’s stitution—amendments that allowed so. sacrifices, I will vote against this me to organize and to speak—amend- Unfortunately, it appears that pas- amendment. sage of an amendment to the Constitu- Ms. MIKULSKI. Mr. President, I am ments like the 1st amendment and the tion is the only avenue available to ad- deeply concerned about the desecration 19th amendment. dress this problem given the fairly of the U.S. flag because of what it says The first amendment allowed me to clear decisions that have been issued about our culture, our values and our speak up and speak out in protest to by the Supreme Court on this precise patriotism. But I must vote against save a Baltimore community whose this amendment to the U.S. Constitu- homes were about to be leveled for a 16- legal point. In June 1989, the Supreme tion. lane highway. Court handed down the landmark deci- Mr. President, I absolutely do not We organized. We protested. We exer- sion of Texas versus Johnson, in which support the desecration of our flag. In cised free speech. I challenged the it overturned a Texas statute punish- 1989, I voted for legislation to prohibit thinking of city hall and all the road ing flag desecration on the grounds flag desecration. And I regret that law planners. The community liked what I that it violated the free speech protec- was declared unconstitutional by the was saying. I spoke for them and their tion guaranteed by the first amend- Supreme Court. frustrations, and they encouraged me ment to the Constitution. This holding I not only support the flag. I support to run for political office. had the effect of overturning 48 State what the flag stands for. Our flag That experience took me into neigh- flag desecration statutes, including the stands for our Constitution. The mean- borhoods where they said no woman Texas statute, and one Federal statute. ing of our flag is embodied in our Con- could win. But, I did. And the 19th In October of that same year, this stitution—especially the first amend- amendment—which gave women the body passed the Flag Protection Act in ment. right to vote—helped me get here. And direct response to the Johnson case. Today, I continue to oppose the dese- I made history. That happened because Legal scholars, including Harvard’s cration of our flag, and I call on Ameri- of amendments to the Constitution. Lawrence Tribe, advised Congress that cans to rekindle their patriotism, their So, I know the power of the Constitu- the statutory approach being consid- values, and their civic duty. tion. And I know the power of amend- ered would pass constitutional muster. I ask with all the passion and patri- ing it. I supported this statutory effort and otism in me, that those who speak But all the past amendments have opposed the constitutional amendment about constitutional rights, who talk expanded democracy and expanded op- voted on later that month. about their freedom of speech, who portunity. This amendment we con- On June 11, 1990, the Supreme Court, talk about their freedom of expres- sider today would constrict the very in U.S. versus Eichman, struck down sion—that they exercise community re- freedoms that have allowed me to be the flag protection statute which I had sponsibility. here. supported the prior year. On June 26, December 12, 1995 CONGRESSIONAL RECORD — SENATE S 18381 1990, the Senate failed in its attempt to who do such things. But, I think the likely to produce imminent violence or assemble the two-thirds margin nec- question is this: Is it necessary for the a breach of the peace, under S. 1335, essary to pass the constitutional greatest Nation in the world to amend such actions would be punishable with amendment. However, on this occasion the greatest document in the world to fines up to $100,000 and 1 year of impris- I voted in favor of the constitutional outlaw each of these offenses? onment. amendment because of the direct rejec- The passage of a constitutional The McConnell legislation also cre- tion of the statutory approach by the amendment to prohibit flag desecra- ates stiff new penalties where an indi- Supreme Court. tion is a priority for this Republican vidual intentionally damages a flag be- I intend to support Senate Joint Res- Congress. The House of Representa- longing to the United States, or steals olution 31 when it is voted on this tives led the charge by passing the con- a flag belonging to someone else and week. While I will continue to listen to stitutional amendment in June. damages it on Federal land. In either the arguments in favor of and against So, I say to my colleagues here in the situation, the individual could be sub- the amendment proposed by my friend Senate: We have a choice to make. Do ject to penalties of up to $250,000 in from Kentucky, Mr. MCCONNELL, I am we stand behind Speaker NEWT GING- fines and 2 years of imprisonment. not convinced it would be upheld by RICH and the House of Representatives? By creating tough criminal penalties the Supreme Court. Furthermore, I am Or do we stand with the Founding Fa- for desecration of the flag through concerned that it would apply only in thers? I, for one, choose to stand with statute, we punish reprehensible con- rare cases and thus leaves too great a the Founders—Thomas Jefferson, duct without having to amend the Con- loophole for those who wish to deface James Madison, and Ben Franklin, stitution. Moreover, in a Congressional the flag. Research Service analysis of the Flag Mrs. BOXER. Mr. President, this is among others. Protection and Free Speech Act of 1995, an important debate we are undertak- I believe that many flag burnings can the American Law Division opined that ing here today, in the Senate, because be addressed by existing constitutional S. 1335 should survive constitutional it focuses on changing the cornerstone statutes passed by the States and lo- of American democracy: the U.S. Con- calities to prohibit or limit burning challenge based on previous Supreme stitution. and open fires. States and localities Court decisions. The Constitution’s principles tran- have the ability to enforce these fire Mr. President, desecration of one our scend the few words which are actually code provisions, thereby prohibiting or most venerated objects —the American written. Hundreds of thousands of limiting incidents of flag burning for flag—is deeply offensive to me and American men and women have made valid safety reasons. most Americans. But I do not believe the ultimate sacrifice in defense of For example, in the city of San Fran- we need to modify our Constitution in these principles. And this remarkable, cisco, the city fire code contains a gen- order to protect the flag. We can pro- living document continues to inspire eral ban on open burning. It states: tect the flag with existing laws and countless others struggling in distant It shall be unlawful for any person to ig- through the enactment of new criminal lands for the promise of freedom. nite, kindle, light or maintain, or cause or penalties for damage and destruction of In the 204 years since the ratification allow to be ignited, kindled, lighted, or the U.S. flag without having to alter of the Bill of Rights, we have never maintained, any open outdoor fire within the our guiding document, the U.S. Con- passed a constitutional amendment to city and county of San Francisco. stitution. restrict the liberties contained therein. In the cities of Chula Vista in San Mr. KERRY. Mr. President, I went to In our Nation’s history, we have only Diego County and Fountain Valley in Vietnam because another Congress told rarely found it necessary to amend the Orange County, CA, open burning may me I had to go to protect freedom—in- Constitution. There are only 27 amend- only be conducted by notifying the fire cluding the first amendment—and de- ments to the Constitution—only 17 of department or obtaining a permit. An feat communism. I went; and I am hon- these have passed since the Bill of individual who fails to comply with the ored to have served, but, here I am— Rights. code can be found guilty of a mis- today—forced to come to the floor of The first amendment to the Constitu- demeanor. the U.S. Senate to fight for freedom tion states: In addressing open fires, the fire pre- once again and engage my colleagues Congress shall make no law respecting an vention code of New York City, states: in a debate about a flag burning establishment of religion, or prohibiting the It shall be unlawful for any person to kin- amendment. free exercise thereof; or abridging the free- dle, build, maintain or use a fire upon any Those same colleagues—on one dom of speech, or of the press, or the right of land or wharf property within the jurisdic- hand—want to amend the first amend- the people to peaceably assemble, and to pe- tion of the city of New York. tition the Government for a redress of griev- ment for the first time in 200 years and ances. Violation of the code results in money abridge our most basic freedom in the The amendment before us would cre- fines or imprisonment. name of patriotism—and on the other— ate a new constitutional amendment to So, it is clear that authority already cut benefits for veterans which is—in enable the Congress to prohibit the exists for States and localities to con- my view—the most unpatriotic thing physical desecration of the U.S. flag. trol or limit the burning of flags under we can do. Desecration of the flag is reprehen- their ability to protect the safety of This is the ultimate irony. sible. The issue for me is since there their residents. And while this only Over the last few months—they have are countless examples of actions and covers one form of desecration—burn- come to this floor with endless speech- speech which are, in my opinion, mor- ing—where a flag being desecrated be- es about preserving this democracy— ally reprehensible, are we starting longs to someone else, or the United their agenda does exactly the opposite. down a path that will lead to amend- States, State laws against larceny, It dishonors veterans with the most de- ment after amendment to the Constitu- theft, or destruction of public property structive budget to veterans that I tion—changing the very nature of that can be invoked against the offender. have ever seen in my years here. My magnificent document. Some of these In addition, S. 1335, the Flag Protec- Republican colleagues came to the reprehensible areas for me are: Shout- tion and Free Speech Act of 1995, intro- floor with Medicaid cuts this year that ing obscenities at our men and women duced by Senators MCCONNELL, BEN- would have eliminated coverage for in uniform; burning a copy of our Con- NETT, and DORGAN, would create new 4,700 Massachusetts veterans—2,300 of stitution or the Declaration of Inde- statutory penalties for damage or de- them under the age of 65, disabled, and pendence; speaking obscenely about struction of the flag. I support S. 1335 ineligible for Medicare coverage. The our country or its leaders; demeaning as an effort to punish the reprehensible remaining 2,400 are over 65 and 1,200 of our Nation in any way; burning the conduct of flag desecration in a manner them are in nursing homes. Bible; vile speaking about religion or consistent with the Constitution. Mr. President, if we vote to amend God; and denigrating the Presidency as S. 1335 would criminalize the destruc- the Constitution and raise the symbols an institution, no matter who is in of- tion or damage of the flag in three cir- of this Nation to the level of freedom fice. cumstances. Where someone destroys itself, and we chip away at the first All these things are vile to me and I or damages the flag with the intention amendment to protect the flag—then have nothing but contempt for people and knowledge that it is reasonably what next? What other symbol do we S 18382 CONGRESSIONAL RECORD — SENATE December 12, 1995 raise to constitutional status? We all have access to health care—on the truth is the power of the thought to get it- have special symbols to us that rep- POW/MIA issue and issues like agent self accepted in the competition of the mar- resent America and democracy, but to orange. These are the serious bread- ket, and that truth is the only ground upon give them constitutional status is, at and-butter and health issues for those which their wishes safely can be carried out. best, an extraordinary overreaction to who sacrificed so much for America, Clearly, flag burning has not fared a virtually nonexistent problem. Ac- and I’m working hard to make sure well in the marketplace of ideas. cording to the Congressional Research that America keeps its contract with Across this country, Americans are Service there were three—count our veterans. quick to express their disdain for those them—three—incidents of flag burning But I do not believe that keeping the who desecrate the flag. The powerful in the United States in 1993 and 1994. faith with our veterans means chang- symbolic value of our flag remains un- That is not exactly a major problem in ing the first amendment for the first scathed. our country. time in 200 years. In the past, I have supported Federal Even Roger Pilon of the Cato Insti- Mr. President, the Constitution is statutes designed to balance the need tute, in a recent editorial, said that, hardly a political tool to be pulled to protect the flag with the freedom of and I quote: from the tool chest when someone speech. In 1989, I joined with other This issue is left-over from the dimmest needs to tighten a nut or a bolt that Members of Congress to help pass the days of the Bush administration, when a des- holds together one particular political Flag Protection Act. In my view, that perate grasp for symbols masked an abject agenda. legislation was a measured response to want of ideas. This is not an easy vote for me. I’ve this issue. Regrettably, the Supreme And it was Ronald Reagan who said, been told that there are veterans in my Court struck down that statute in as my colleague from Kentucky, Sen- State—in Massachusetts—who feel so United States versus Eichman. ator MCCONNELL, pointed out in his strongly about this issue that they will This year, Senator MCCONNELL has editorial yesterday in the Washington follow me all over the State if I vote offered a more narrowly crafted meas- Post, ‘‘Don’t be afraid of freedom; it is against this amendment; but let me ure. I will support that amendment and the best weapon we have.’’ But here we make it very clear that to me the flag I urge my colleagues to do the same. are again—debating a constitutional is a symbol of this country, it is not We should continue to try to address amendment to abridge that freedom. the country itself. The Bill of Rights is this issue statutorily, rather than Mr. President, I, like everyone in this not a symbol; it is the substance of our through the more dramatic step of Chamber, abhor seeing anyone burning rights—and I will not yield on that fun- amending the Constitution. the flag under any circumstances. It damental belief and I will not yield in In closing, I urge my colleagues to hurts me to see it. It has always hurt my deep and abiding commitment to oppose this effort to amend the Con- me. I thought it was wrong in the Viet- the men and women who served this stitution. We should continue to speak nam era, just as I do now, but I never country and sacrificed so much for the out against those who would desecrate saw the act of flag burning—nor could freedoms symbolized by the Stars and the American flag, but we should not I ever imagine seeing it—as unconsti- Stripes. weaken its power by undermining the tutional. To burn the flag is exactly I thank my colleagues and I yield the freedoms for which it stands. the opposite—it is the fundamental ex- floor. Mr. PELL. Mr. President, today, the ercise of constitutional rights—and we Mr. DODD. Mr. President, the Mem- Senate is undertaking the solemn task cannot fear it, stop it, or set a prece- bers of this body should not risk the of the considering an amendment to dent that abridges basic freedoms to desecration of our Constitution simply our Nation’s Constitution. Indeed, the show our outrage about it. to express outrage against those who proposed language we are considering What we must do is tolerate the right desecrate the flag. would, according to the Supreme Court of individuals to act in an offensive, The issue before us today has abso- and numerous legal observers, amend even stupid manner. lutely nothing to do with condoning the Bill of Rights, the very core of per- Mr. President, as a former prosecutor the behavior of those few who choose sonal liberties and freedoms enshrined I know that most flag burning inci- to defile one of our most cherished na- and protected in our national charter. dents can be prosecuted under existing tional symbols. Every Senator is trou- The Congress has considered this law. If a person burns a flag that be- bled when someone burns, mutilates, or issue before and while it has assented longs to the Federal Government—that otherwise desecrates an American flag. to statutorial protection of the flag, it constitutes destruction of Federal There is no question about that. The rejected amending the Constitution for property, which is a crime. issue is whether we tinker with the Bill the same purpose, positions that I sup- Mr. President, 54 years ago last week, of Rights in an attempt to silence a few ported. I do so again today, believing was the day that Franklin Roosevelt extremists who openly express their that the our flag should be cherished said would ‘‘live in infamy.’’ contempt for our flag. and revered and find deliberated acts to And I ask: Do we honor those who I am very reluctant to amend our the desecrate it offensive. I also believe have served their country so ably, so Constitution. In over 200 years, we that the flag can be protected without bravely—do we honor our veterans by have only amended that fundamental infringing upon our first amendment changing the first amendment, by text 27 times, and we have never guarantee of free expression. trimming out fundamental freedoms amended the Bill of Rights. In my In the Congress’ last attempt to do so they fought for? view, we should not risk undermining our approach was rejected by the Su- In fact, I suggest that if we pass this the freedoms in the Bill of Rights un- preme Court. I believe that this time, constitutional amendment, this day less there is a compelling necessity. I however, the more carefully con- will go down—once again—as a day do not believe that the actions of a few structed statutes protecting the integ- that will live in infamy. For it will be flag burners has created that necessity. rity of the flag offered by Senators the day when the greatest country on Throughout our history we have rec- BIDEN and MCCONNELL today stand a Earth limited the basic freedoms be- ognized that the best remedy for offen- much better chance of passing con- cause of the stupid, incentive, hurtful sive speech is more speech, and not a stitutional muster and hope that my acts of a very few people on the fringes. limitation on the freedom of speech. colleagues will join me in supporting We are better than that, Mr. Presi- Supreme Court Justice Oliver Wendell them. However, when it comes to amending dent. We are smarter than that. We are Holmes expressed this idea very elo- the Constitution to prohibit flag dese- smart enough to honor our Nation, our quently in his opinion in Abrams v. cration, I simply believe that that ap- liberty, and our veterans without sac- United States, 250 U.S. 616, 630 (1919): rificing our freedom. proach goes too far. The principles en- In the final analysis, I think if Con- [W]hen men have realized that time has shrined by our Founding Fathers in the upset many fighting faiths, they may come gress and the country want to do some- to believe even more than they believe the Bill of Rights have not been altered in thing serious to help our veterans, then very foundations of their own conduct that over 200 years and I cannot support the we should focus on the quality of veter- the ultimate good desired is better reached effort to do so here. Make no mistake: ans benefits, the ability of veterans to by free trade in ideas—that the best test of I love and respect the American flag December 12, 1995 CONGRESSIONAL RECORD — SENATE S 18383 and all that it symbolizes. Neverthe- each other, even when there are no Senators will arrive at different an- less, as I have often said, I simply be- words at all. When someone gives re- swers. For me, this amendment does lieve that our flag will wave more spect and recognition to them, we are not preserve the Constitution. To the proudly if as we seek to protect it, we moved, sometimes to tears. When contrary, it constricts, narrows, lim- also protect the Bill of Rights. someone demeans them or shows dis- its—makes it less than it was before. Accordingly, I cannot support the respect, we are outraged. To preserve means to keep intact, to proposed constitutional amendment to My heart says honor the flag, and I avoid decay, but this amendment prohibit flag descration. do. My mind says, when our children would leave freedom of expression less Mr. BRADLEY. Mr. President, our ask why America is special among the intact, less robust, more in a state of American flag is best protected by pre- nations of the world, we tell them decay. To support an amendment serving the freedom that it symbolized. about the clear, simple words of the which would, for the first time in 204 I cannot support a constitutional Bill of Rights, about how Americans years, reduce the personal freedom amendment that would limit that free- who won our independence believed that all Americans have been guaran- dom. At the same time, I believe that that all people were blessed by nature teed by the Constitution would be, for anyone who burns the American flag is and by God, with the freedom to wor- me, inconsistent with my oath. I will an ungrateful lowlife who fails to un- ship and to express themselves as they never break my oath. derstand how special and unique our please. We found these truths to be Finally, in his dissenting opinion on country is, and I tremendously respect self-evident before any other nation in flag burning, Justice Stevens warned those New Jerseyans who support this the world did, and even before we cre- us about using the flag ‘‘as a pretext amendment and have urged my support ated the flag to symbolize them. for partisan dispute about meaner with great dignity and conviction. Our Founding Fathers believed that ends.’’ Politics can be a mean business, Like most Americans, I revere the fundamental to our democratic process but it can also be a glorious business. flag as a symbol of our national unity. was the unfettered expression of ideas. Sometimes an event has unexpected I want it protected from abuse. That is That is why the amendment that pro- consequences. Let’s be frank; there is why I strongly supported the Flag Pro- tects your right to express yourself patriotism on both sides of this debate. tection Act of 1989, which sought to freely is the first amendment, and poli- So let me tell you what I believe about punish those who would destroy our ticians should never put that right at patriotism. flag. That is why I regretted the Su- risk. Patriotism—I know how it feels to be preme Court’s subsequent decision in Now if this constitutional amend- proud to be an American. I remember United States versus Eichmann, which ment passes, we will have done some- how I felt back in 1964 when the United declared the law in violation of the thing no Americans have ever done— States Olympic basketball team de- first amendment. That is also why I en- amended the Bill of Rights to limit feated the Soviet Union in the finals— thusiastically support and today urge personal freedom. I remember standing on the victory passage of another law that would Even if you agree with the flag stand, with the gold medal around my make it illegal for someone to burn a amendment, how can you know that neck, chills running up and down my flag, if the act itself would incite vio- the next amendment will be one you spine, as the flag was raised and the lence. will like? You cannot. So let us not national anthem played. In our system, the first amendment start. Once you begin chipping away, I was proud to have won—for myself is what the Supreme Court at a par- where does it stop? Do not risk long- and for my country. Patriotism—it is like strength. If you ticular time says it is. The Court has term protection of personal freedom have it, you do not need to wear it on said that the Flag Protection Act vio- for a short-term political gain. your sleeve. lates freedom of expression. A future America’s moral fiber is strong. Flag The patriot is not the loudest one in Supreme Court may reverse that deci- burning is reprehensive, but our Na- praise of his country, or the one whose sion. Although I wish the Supreme tion’s character remains solid. My best chest swells the most when the parade Court had ruled the other way, it did judgment says we are in control of our passes by, or the one who never admits not. The question now is whether pro- destiny by what we do every day. We we could do anything better. tecting the flag merits amending the know the truth of Mrs. Barbara Bush’s No, a patriot is one who is there Bill of Rights. words that America’s future will be de- when individual liberty is threatened In making the decision to oppose this termined more by what happens in from abroad, whether it is World War I, amendment, I consulted my heart and your house than by what happens in World War II, Korea, Vietnam, or even my mind. My heart says to honor all the White House. the wrongheaded action in Beirut in those who died defending American lib- I have traveled America for over 25 1983—yes, that too. All those who erty. My heart conjures up images of years. I know we still have standards, served in these conflicts were defend- the marines holding the flag on Iwo insist on quality, believe in hard work, ing liberty as our democracy chose, in Jima, the crosses in the fields at Flan- honesty, care about our families, have its sometimes fallible way, to define ders, the faces of friends who never faith in God. the need to defend liberty. came back from Vietnam. A rapidly changing world looks to us But you do not need a war to show My heart says, what a nation be- to help them define for themselves your patriotism. Patriotism is often lieves in, what it will preserve, what it what it means to be free. Our leader- unpretentious greatness. A patriot goes will sacrifice for, fight for, die for, is ship depends more than ever on our ex- to work every day to make America a rarely determined by words. Often peo- ample. This is the time to be confident better place—in schools, hospitals, ple cannot express in language their enough in our values, conscientious farms, laboratories, factories, offices, feelings about many things. How do I enough in our actions, and proud all across this land. A patriot knows know? enough in our spirit to condemn the that a welfare worker should listen, a Because I struggle with it every day. antisocial acts of a few despicable jerks teacher should teach, a nurse should Remember the pain you felt when the without narrowing our basic freedoms. give comfort. A patriot accords respect Challenger exploded before your eyes? My mind says that the best way to and dignity to those she meets. A pa- Remember the joy you felt when World honor those who died to preserve our triot tries, in a secular as well as a War II and the Korean war ended? Re- freedom is to protect those freedoms spiritual sense, to be his brother’s member the shock you felt when you and then get on with the business of keeper. learned of the assassinations of Presi- making America a better place. When the only grandfather I ever dent Kennedy and Martin Luther King? I took an oath to support and to de- knew came to America, he went to Remember the feelings of attachment fend the Constitution of the United work in a glass factory. He worked you have for the Lincoln Memorial, the States. Each Senator has to decide in with his hands, and he worked long and Statue of Liberty, the U.S. flag? her own mind and in his own heart hard. After work he lived for three These are symbols and shared memo- what he feels he must do, to fulfill the things: The first thing he lived for was ries for places, events, and things that promise he made to preserve and to going to the public library on a Satur- tie us to our past, our country, and to stand by the Constitution. Different day night to check out western novels, S 18384 CONGRESSIONAL RECORD — SENATE December 12, 1995 which he would read and reread over Our Constitution has been amended not willing to tinker with our Bill of and over again. The second thing he only 17 times since the adoption of the Rights and for this reason, I cannot lived for was to sit on his front porch Bill of Rights in 1789. The Bill of vote for final passage of the proposed on summer nights with a railroad whis- Rights itself has never been amended. constitutional amendment. tle in the background and listen on the A constitutional amendment is an ex- In my view, Mr. President, we can radio to his real love, baseball. And the tremely serious step, which is justified show no greater respect to the flag third thing he lived for was to tell his only to address a grave national prob- than by showing contempt for those grandson—me—what America meant to lem. In this case, the proposed con- who disrespect it, while preserving the him. stitutional amendment is directed at freedoms for which it stands. The con- He said America was great because it an extremely small number of cases stitutional amendment that is before was free and because people seem to that have had no discernible impact on us today is the same amendment that I care about each other. Those two, free- the health or security of the Nation. As voted against in 1990. My position has dom and caring, are the two insepa- the Port Huron Times Herald pointed not changed, and I shall again vote rable halves of American patriotism. out on October 14— against this proposed amendment. Mr. SMITH. Mr. President, I rise in As Americans who love our flag, we Less than a handful choose flag-burning as must not sacrifice the substance of their means of protest. It is so distasteful a support of Senate Joint Resolution 31, that freedom for its symbol, and we display that no clear-thinking citizen could the flag protection constitutional must learn to care more about each endorse it. amendment. As an original cosponsor other. We must not restrict our fun- We should not agree to amend the of Senate Joint Resolution 31, I am damental freedom. To do so, I believe, Bill of Rights, which protects our most pleased to see that this important would betray the meaning of the oath I basic freedoms, to address the extreme measure will be coming before the Sen- took to support the Constitution and behavior of a few erratic individuals. ate for a final vote today. the promise I made to myself to always I also do not believe that the pro- Mr. President, the flag of the United do what I thought was right. posed amendment is likely to succeed States is the central, unifying, and I oppose this amendment. in actually protecting the flag in any unique symbol of our great Nation. Mr. LEVIN. Mr. President, I cannot case, because people who are so deluded Throughout our history, tens of thou- support the proposed constitutional or misguided as to burn a flag simply sands of Americans have given their amendment. I detest flag burning, but I to get our attention are no less likely lives while serving under our flag in time of war. In my own family, my fa- also love the U.S. Constitution. to do so just because there is a law ther, Donald E. Smith, died in a Navy This country stands for a set of against it. Indeed, they may be more service-related incident during World ideals of human freedom that are em- likely to burn the flag if they believe War II. My family was presented with bodied in the Constitution and the Bill that violation of a constitutional his burial flag. That flag means a great of Rights, and symbolized by the Amer- amendment will attract more atten- ican flag. There are a handful of indi- deal to us. tion to their antics. As the Traverse Desecrating the American flag is a viduals who hold these ideals in such City Record-Eagle stated on November disrespect that they choose to express deliberately provocative act. It is also 2, a constitutional amendment— an attack on the Nation itself, as sym- their hostility by taking a copy of the . . . won’t even stop those few people who Constitution—or the flag—and burning bolized by our flag. Such acts do not want to raise a ruckus by burning the flag merit the protection of the law. On the it or tearing it up. The Supreme Court from doing so. In fact, the extra attention a has ruled that however despicable this constitutional amendment would focus on contrary, those who commit them de- action may be, our Constitution pro- the act might even encourage it. serve to be punished by the law. Mr. President, this constitutional tects these misguided individuals in Mr. President, the proposed amend- amendment ought not to be necessary. the expression of their views—just as it ment, as drafted, could also be easily The need for it became clear, however, protects the expression of hateful and evaded. The amendment does not de- when the Supreme Court of the United despicable ideas by other misguided in- fine the flag. Does it cover Jasper States struck down as unconstitutional dividuals. Johns’ famous painting of overlapping both a State and a Federal flag protec- As much as I revere the flag, I love flags? Does it apply to a T-shirt with a the Constitution, the Bill of Rights, tion statute. The Court held that such picture of the flag on it? How about statutes violate the free speech protec- and the liberties that are enshrined in wearing a flag T-shirt with holes in it? tions of the first amendment to the them. In a 1989 Washington Post arti- Is a 49-star flag a flag of the United Constitution. cle, James Warner—who was captured States? Does it apply if a flag is hung I strongly disagree with those Su- and held as a prisoner of war by the Vi- upside down? Would it prohibit the use preme Court decisions. As the Court it- etnamese—eloquently explained the of the flag in commercial advertise- self has recognized, our Nation’s treas- vital importance of the principles of ments? These questions, and dozens ured right of free speech is not abso- freedom embodied in our Bill of Rights. like them, would be left unanswered. lute. One does not have the right to Mr. Warner stated: So the amendment would not only yell fire! in a crowded theater, for ex- I remember one interrogation where I was amend our Bill of Rights for the first ample. In exceptional cases when the shown a photograph of some Americans pro- time, it would do so without realistic Government’s interests are sufficiently testing the war by burning a flag. ‘‘There,’’ prospect of successfully preventing the compelling, the right to free speech the officer said. ‘‘People in your country pro- offensive activity at which it is di- test against your cause. That proves that may be carefully circumscribed. The you are wrong.’’ rected. Government’s interest in protecting ‘‘No,’’ I said. ‘‘That proves that I am right. Senator BIDEN’s substitute amend- our Nation’s central, unique symbol In my country we are not afraid of freedom, ment, unlike the underlying proposal, are sufficiently compelling, in my even if it means that people disagree with would at least address the objective ac- view, to justify limiting the right of us.’’ tions of a person who burns or destroys political dissenters to desecrate the I cannot let the despicable actions of a flag, rather than the subjective state flag. the few who choose to express their of mind of that individual. I voted for Mr. President, while the great Con- misguided impulses by attacking our the Biden alternative because it is stitution that the Founders framed has flag cause me to amend the Constitu- preferable to the underlying proposal, survived many tests, it also has been tion and the Bill of Rights that have even though it does not correct most of amended 26 times. The people of the served us so well for 200 years. To do so the problems that I have outlined. United States are not forced to accept would be to enable those few individ- Flag burning is reprehensible. If we a Supreme Court decision with which uals to achieve something that no could bar it by statute, without amend- they fundamentally disagree. The Con- power on earth has been able to accom- ing the bill of rights, I would do so. In- stitution itself grants the people, as plish for over two centuries—to force deed, I have voted for a flag-burning represented by the Congress and the us to modify the basic charter of our statute in the past and I voted for the State legislatures, the right to amend liberties that are guaranteed in the McConnell-Bennett-Dorgan statute it in order to reverse erroneous deci- Bill of Rights. when it comes up for a vote. But I am sions by the Court. December 12, 1995 CONGRESSIONAL RECORD — SENATE S 18385 I recognize that amending the Con- Thus, this flag has become a source right of this society to protect the stitution is serious business. That is of inspiration to every American wher- symbol of our Nation. why we took the intermediate step of ever it is displayed. Mr. President, the people of Idaho fashioning a Federal flag protection For these reasons and many others, a have clearly expressed their desire to statute in the wake of the Court’s deci- great majority of Americans believe— be able to protect Old Glory. I am sion striking down Texas’s State law. as I strongly do—that the American pleased to note the Idaho State Legis- When the Court also struck down the flag should be treated with dignity, re- lature passed a resolution to this effect Federal statute, we had no choice but spect and care—and nothing less. 2 years ago. In asking the Congress to to move forward with this flag protec- Unfortunately, not everyone shares present an antiflag desecration amend- tion constitutional amendment. this view. ment to the States for ratification, the Mr. President, I urge my colleagues In June 1990, the Supreme Court Idaho Legislature stated, ‘‘. . . the to vote in favor of this constitutional ruled that the Flag Protection Act of American Flag to this day is a most amendment authorizing the Congress 1989, legislation adopted by the Con- honorable and worthy banner of a na- to enact legislation to protect our Na- gress in 1989 generally prohibiting tion which is thankful for its strengths tion’s great flag. I am optimistic that physical defilement or desecration of and committed to curing its faults, and this measure can be passed by the req- the flag, was unconstitutional. This de- a nation which remains the destination uisite two-thirds majority of the Sen- cision, a 5–4 ruling in U.S. versus of millions of immigrants attracted by ate today and will be submitted to the Eichman, held that burning the flag as the universal power of the American States for prompt ratification. a political protest was constitutionally ideal . . .’’. Thank you, Mr. President, I yield the protected free speech. Some have claimed the passage of floor. The Flag Protection Act had origi- this resolution will weaken the sanc- Ms. SNOWE. Mr. President, I am nally been adopted by the 101st Con- tity of the first amendment. To these proud to join Senators HATCH and HEF- gress after the Supreme Court ruled in people I would ask, was the first LIN to urge passage of the proposed Texas versus Johnson that existing amendment weak during the first 198 constitutional amendment granting Federal and State laws prohibiting years after its ratification? Until the Congress the power to prohibit the flag-burning were unconstitutional be- Supreme Court ruled flag desecration physical desecration of the flag of the cause they violated the first amend- to be protected free speech in 1989, 48 United States. ment’s provisions regarding free States and the Federal Government Our flag occupies a truly unique speech. had statutes which penalized an indi- place in the hearts of millions of citi- I profoundly disagreed with both rul- vidual for desecrating the flag. I do not zens as a cherished symbol of freedom ings the Supreme Court made on this believe the time in our Nation’s his- and democracy. As a national emblem issue. In our modern society, there are tory prior to 1989 may realistically be of the world’s greatest democracy, the still many different forums in our mass viewed as a dark period in which Amer- American flag should be treated with media, television, newspapers and radio icans were denied their constitutional respect and care. Our free speech rights and the like, through which citizens rights. The truth is, protecting the flag do not entitle us to simply consider the can freely and fully exercise their le- of the United States has long been a flag as personal property, which can be gitimate, constitutional right to free proud part of our national history. treated any way we see fit including speech, even if what they have to say is What we are attempting to do today is physically desecrating it as a legiti- overwhelmingly unpopular with a ma- preserve that history. mate form of political protest. In fact, I believe it is interesting to We debate this issue at a very special jority of Americans citizens. note that the Supreme Court specifi- and important time in our Nation’s When considering the issue, it is cally noted in 1974 Smith versus history. helpful to remember that prior to the This year marks the 50th anniversary Supreme Court’s 1989 Texas versus Goguen that flag desecration was not of the Allies’ victory in the Second Johnson ruling, 48 States, including protected speech under the Constitu- World War. And, 54 years ago last my own State of Maine, and the Fed- tion. In overturning a Massachusetts week, Japanese planes launched an at- eral Government, had anti-flag-burning State law which protected the flag, the tack on Pearl Harbor that would begin laws on their books for years. Court ruled that the problem was the American participation in the Second Whether our flag is flying over a ball vagueness of the State law, not the un- World War. park, a military base, a school or on a derlying principle of the law. The During that conflict, our proud ma- flag pole on Main Street, our national Court went on to say, ‘‘Certainly noth- rines climbed to the top of Mount standard has always represented the ing prevents a legislature from defin- Surabachi in one of the most bloody ideals and values that are the founda- ing with substantial specificity what battles of the war. No less than 6,855 tion this great Nation was built on. constitutes forbidden treatment of men died to put our American flag on And our flag has come not only to rep- United States flags.’’ The Court further that mountain. The sacrifice of the resent the glories of our Nation’s past, noted that the Federal flag desecration brave American soldiers who gave their but it has also come to stand as a sym- law, which was in effect at the time, life on behalf of their country can bol for hope for our Nation’s future. was acceptable because it prohibited never be forgotten. Their honor and Let me just state that I am ex- ‘‘only acts that physically damage the dedication to country, duty, freedom, tremely committed to defending and flag.’’ This law remained in effect until and justice is enshrined in the symbol protecting our Constitution—from the the Court s 1989 ruling. of our Nation—the American flag. first amendment in the Bill of Rights As a member of the Senate Armed The flag is not just a visual symbol to the 27th amendment. I do not be- Services Committee, I have had the op- to us—it is a symbol whose pattern and lieve that this amendment would be a portunity to meet the men and women colors tell a story that rings true for departure from first amendment doc- of our Armed Forces around the world. each and every American. trine. These individuals put their lives on the The 50 stars and 13 stripes on the flag I strongly urge my colleagues to up- line regularly, so that we may live in are a reminder that our Nation is built hold the great symbol of our nation- peace and safety. And while they are on the unity and harmony of 50 States. hood by supporting Senator HATCH and serving us, the American public, they And the colors of our flag were not cho- the flag amendment. do so under the Stars and Stripes. For sen randomly: red was selected because Thank you very much. those who are stationed overseas, the it represents courage, bravery, and the Mr. KEMPTHORNE. Mr. President, I flag represents the rights and freedoms willingness of the American people to rise today to express my firm support which they stand prepared to defend, give their life for their country and its for Senate Joint Resolution 31. As an even while on foreign ground. It also principles of freedom and democracy; original cosponsor of this resolution stands for their home, the Nation white was selected because it rep- proposing a constitutional amendment which proudly awaits their return resents integrity and purity; and blue to prohibit the desecration of the flag, when their duties are completed. For because it represents vigilance, perse- I believe enactment of this resolution those who have finished their service verance, and justice. is an important step in restoring the to their country, the flag is a constant S 18386 CONGRESSIONAL RECORD — SENATE December 12, 1995 reminder that the ideals for which they of our Nation, a uniqueness that justifies a ing the flag as underwear to be equally fought still live, and that their sac- governmental prohibition against flag burn- outrageous. Unfortunately, under the rifices were not in vain. ing in the way respondent Johnson did here. limitations some have suggested to the Mr. President, I do not believe any of It is the flag’s uniqueness which we amendment, these acts would be al- us here today wants to limit or restrict realize makes it more than simply a lowed. I do not think that this is what the right of Americans to speak out in piece of cloth that needs special pro- the American people had in mind in an appropriate manner. In fact, numer- tection. It is a symbol that stands for their support of this amendment. ous Members of this body on both sides patriotism, love of country, sacrifice, Since the Supreme Court persists in of the aisle have taken advantage of freedom—values that are the essence of striking down State and Federal stat- this right to speak out against Govern- what it means to be an American. utes, regardless of how carefully craft- ment policies, and, undoubtedly, will Senator MCCONNELL has introduced a ed those statutes are, we have no alter- continue to do so whether or not they bill, S. 1335, which is designed as a stat- native. The only avenue which remains are Members of the Senate. I simply utory protection for the flag. While I open for protecting the American flag believe the physical mutilation of the appreciate the efforts of the Senator from desecration is through the proce- flag falls outside the range of speech from Kentucky, I do not believe that a dure required to amend the Constitu- which should be protected. I also be- statute would be upheld under the tion of the United States. This proce- lieve the citizens of the United States strict scrutiny of the Supreme Court. dure is difficult, and for very good rea- should have the opportunity to decide The Court in Eichman was clear that sons. The last time an amendment was for themselves, whether they also feel no statute will pass muster if it singles ratified was almost 4 years ago; that the flag deserves special protection. out the flag of the United States for was the 27th amendment, which took That is what this resolution is all protection against contemptuous over 200 years to ratify. about. And it is this principle that I abuse. Because of the sanctity of the Con- ask my colleagues to support today. S. 1335 invokes the fighting-words stitution, I do not take lightly an Mr. HEFLIN. Mr. President, I rise doctrine, and seeks to punish any per- amendment, but as I stated, we have no today in support of the resolution to son who destroys a U.S. flag ‘‘with pri- alternative. I believe that the citizens amend the Constitution of the United mary purpose and intent to incite or of this Nation do not want to see the States to protect the American flag. produce imminent violence or breach Constitution amended in most in- We have recently revised the language of the peace.’’ According to legal ex- stances, but I also believe that they in order to address the concerns of a perts, the Supreme Court in Johnson have shown through their actions that few of my colleagues. They have voiced expressly rejected the application of the protection of the flag is an impor- reservations about allowing behavior the fighting words or imminent breach tant issue. Those actions include the toward the flag to be governed by a of the peace rationales offered by the grassroots support of groups such as multiplicity of State laws. The lan- Texas statute. This precedence in hand the Alabama Department of Reserves guage we have added to the amendment along with other recent decisions of Officers Association of the United establishes that Congress, and not the the Court will not allow this statute, if States, which passed a resolution urg- States, must adopt a uniform standard passed, to stand. ing the U.S. Congress to pass this for prohibited conduct as well as for a It has been suggested that a statute amendment. definition of the ‘‘flag of the United which is facially neutral or content I urge my colleagues to vote in favor States.’’ I believe the amendment as it neutral could survive the strict scru- of passage of this resolution. By voting now stands is strengthened by these re- tiny of the Supreme Court; I do not be- in support of this resolution we send visions. lieve that is so. First, for the statute this matter to the States and let the Although much has been said about to be truly facially neutral it would people in each State make the final de- how this amendment will put a muzzle have to ban any and all forms of de- cision on this important matter. on the first amendment, this is not Mr. SPECTER. Mr. President, I ap- struction of the American flag. Second, true. The adoption of this amendment proach any constitutional amendment a facially neutral statute which did not will not diminish the first amend- with hesitancy—especially one permit an exception for disposal of a ment’s hallowed place among our lib- induring the first amendment. erties. Prior to the Supreme Court’s worn or soiled American flag by burn- At the outset, I believe there is a decision in Johnson, the majority of ing would not be desirable nor accept- major difference between an amend- the States had laws on their books able to most Americans. ment seeking to change the text of the Unfortunately, for the statute to be which banned the desecration of the first amendment—as is now pending in American flag. Prior to Johnson, free truly content or facially neutral, it the House of Representatives on free- speech under the first amendment could not allow for any intentional de- dom of religion—and one to overrule a flourished, including unpopular opin- struction of the flag, including the decision of the Supreme Court of the ions and political speech. I do not ex- burning of a worn or soiled flag. Any United States. pect this to change once the amend- variation from completely neutral lan- For me, a 5 to 4 decision on flag burn- ment is adopted. guage would undermine the entire stat- ing does not merit the difference due The opponents have hinged their ute and, in all likelihood, would be the language of the Bill of Rights. fight against this amendment on the found to be in violation of the first There is nothing in the text on freedom decisions of the Supreme Court in two amendment under the Court’s strict of speech requiring protection for flag opinions. First is the case of Texas ver- scrutiny test. burners. While their speech will still be sus Johnson, a 5-to-4 decision, in which During the debate surrounding this protected, their acts will be prohibited. the Court held that a Texas statute amendment, a question has been raised In a somewhat analogous context, I protecting the flag granted it special as to precisely what conduct is prohib- have sponsored and pressed for a con- legal protections which offended the ited under the amendment. It has been stitutional amendment to overturn the Court’s concept of free speech. Second claimed that by using the term ‘‘dese- Supreme Court’s decision in Buckley is United States versus Eichman, in cration,’’ we would outlaw almost any versus Valeo, which extended the pro- which the Supreme Court, again in a 5- use of the flag or its image outside of tection of freedom of speech to an indi- to-4 decision, struck down a content displaying it in a parade or on a flag vidual who spends unlimited amounts neutral statute enacted by the Con- pole. I think that this is an incorrect of his or her own money for a can- gress following the Johnson decision. and unfair interpretation of the con- didacy for public office. In their dissent in Johnson, the Jus- duct we are attempting to prohibit. It is accepted that freedom of speech tices make clear the reasoning that I Those who interpret the language as is not absolute or unlimited. Justice believe is behind many of the support- overly broad have suggested that this Oliver Wendell Holmes articulated the ers of the amendment. Chief Justice amendment should be limited to out- classic statement that a person is not Rehnquist for himself and Justices lawing only the burning, mutilation, or free to cry fire in a crowded theater. In O’Connor and White stated: trampling of the flag. Although these a similar vein, the Supreme Court has For more than 200 years, the American flag are acts which I find despicable, I find interpreted the first amendment to ex- has occupied a unique position as the symbol acts such as spitting, urinating, wear- clude from its protection incitement to December 12, 1995 CONGRESSIONAL RECORD — SENATE S 18387 imminent lawless action, fighting the flag from acts of desecration committed of our athletes wins a gold medal at words, obscenity, libel, and invasions in public. the Olympic Games, the flag of the of privacy. The Bill of Rights has a special sanc- United States is raised; when a soldier Based on the precedents and general tity in establishing our Nation’s val- or police officer dies, his or her coffin principles of constitutional interpreta- ues. There is no part of the text of the is draped with the flag; when immi- tion, it is my judgment that Texas ver- Bill of Rights which I would agree to grants are naturalized, they salute to sus Johnson was incorrectly decided. amend. the flag. The burning of the flag is conduct—not While substantial deference should be In this diverse Nation, respect for the speech. I have great respect for robust given to Supreme Court decisions on flag is a common bond that brings us debate to the extreme. But a speaker constitutional interpretation, there are together as a nation. Our common rev- may express himself or herself with some circumstances where amendment erence for the flag is part of what great vigor without insults or expres- is warranted, especially on split deci- makes us citizens of a country, not just sions that would be reasonably inter- sions like the 5 to 4 vote in the flag- individuals that happen to live in the preted as fighting words. burning case. same geographic area. Since I studied Chaplinsky versus Like fighting words in Chaplinsky, There is also no denying that when New Hampshire in law school, I have libel in Sullivan, incitement of immi- the flag is burned, desecrated, de- been impressed with the import of the nent lawless action in Brandenburg, spoiled, or trampled upon, the potency fighting-words doctrine. In Chaplinsky, and invasion of privacy in Cantrell, my of the flag as a symbol is denigrated. the defendant was criminally charged judgment is that flag burning is not When the flag is burned, whether by when his speech angered a mob and al- constitutionally protected by the first Iranian fundamentalists during the most caused a riot. He claimed his amendment. hostage crisis or by American speech was protected by the first Mr. COHEN. Mr. President, I have la- protestors here at home, we are rightly amendment. The Supreme Court unani- mented on a number of occasions the outraged because these acts represent a mously rejected his argument, holding: erosion of civility in our public dis- direct affront to our Nation. By toler- ... the right of free speech is not absolute course. This is a trend that has had a ating flag desecration, we are at all times and under all circumstances. negative impact on our politics and on condoning actions that undermine the There are certain well-defined and narrowly the relationship between the Govern- fabric of our national life. limited classes of speech, the prevention and ment and the citizenry. The heightened Critics of the flag amendment have punishment of which have never been level of rhetoric, the slash-and-burn reminded us that because flags owned thought to raise any Constitutional problem. tactics, and the accusations of bad by the Government are still protected These include the lewd and obscene, the pro- faith, have made it more difficult for under current law, this amendment fane, the libelous, and the insulting or ‘fight- politicians to communicate with each will only restrict what individuals can ing’ words—those which by their very utter- ance inflict injury or tend to incite an imme- other and to communicate with those do with flags that they own personally. diate breach of the peace. It has been well we represent. It has made it more dif- But the flag is not a mere piece of observed that such utterances are no essen- ficult for reasonable people to reach property like a car or television, it is tial part of any exposition of ideas, and are agreement and far too easy for unrea- more than the fabric and dye and of such slight social value as a step to truth sonable voices to dominate the debate. stitching that make it up. The design that any benefit that may be derived from The breakdown in the tone of our dis- of the American flag and the values it them is clearly outweighed by the social in- course is symptomatic of a wider prob- represents belong to all of us; in a terest in order and morality. lem which many have described as a sense, it is community property. ‘‘We I take a back seat to no one in pro- deterioration of civil society. Our civil the people’’ maintain part ownership of tecting constitutional rights and civil society is the collection of public and that flag and should be able to control liberties. For years I have stood private institutions, and accepted how our property may be treated. against those who have sought to strip moral principles, that bind us together This is not a very radical principle. the Federal courts of their jurisdic- as a community of citizens. Civil soci- Federal law already controls what we tional to hear constitutional cases in- ety is what makes us a nation of com- can or cannot do with our own money. volving subjects such as school prayer munity, rather than merely a group Anyone that ‘‘mutilates, cuts, defaces, and busing. I have opposed efforts to with common voting rights. disfigures, or perforates’’ a dollar bill breach the wall of separation between There is abundant evidence that our can be fined or put in jail for 6 months. church and state and to weaken the ex- civil society is fraying around the Similarly, in O’Brien versus United clusionary rule. Earlier this year, I op- edges. People lack faith in the capacity States the Supreme Court upheld the posed proposals in the of government to act in the interest of conviction of a protestor that burned counterterrorism bill to expand wire- the people. There is a growing lack of his draft card on the ground that the tap authority and to deport aliens confidence in our public schools—one Government had a substantial interest using secret evidence in violation of of the great unifying forces in our in protecting a document necessary for the basic norm of due process. country. Americans are less engaged in the efficient functioning of the selec- Our law acknowledges and respects fewer communal activities than we tive service system. Why is our inter- expectations. People have real, legiti- once were. We are much more apt to est in protecting currency or Govern- mate and reasonable expectations that stay at home to rent a video, commu- ment documents any stronger than the flag of the United States will be nicate on the faceless Internet, or protecting our greatest national sym- treated with honor and respect. channel-surf on cable TV, than we are bol? Some of the Supreme Court’s most to attend a PTA meeting, march in a Opponents of the flag amendment liberal Justices, the greatest defenders parade—or even join a bowling league, also maintain that it trivializes the of our civil liberties, have forcefully as one Harvard professor’s study re- Bill of Rights by carving out an excep- held flag burning is not protected vealed. tion to the first amendment. This argu- speech. Chief Justice Earl Warren: It is against this background that ment is based on the classic libertarian . . . the States and the Federal Government today we consider the constitutional belief that truth can only emerge from do have the power to protect the flag from amendment to prohibit desecration of complete freedom of expression and acts of desecration and disgrace. the U.S. flag. The argument for pro- that the Government cannot be trusted Justice Hugo Black, the ardent expo- tecting the flag is a weighty one: The to distinguish between acceptable and nent of first amendment absolutism: U.S. flag is a unique symbol of our na- unacceptable forms of action or speech. [i]t passes my belief that anything in the tionhood. When our troops go to battle This first amendment absolutism, Federal Constitution bars a State from mak- to fight for our Nation, they march however, is contrary to our constitu- ing the deliberate burning of the American under the banner of the flag; each day tional tradition. The list of types of flag an offense. when our children go to school, they speech that may be regulated or Justice Abe Fortas articulated: pledge allegiance to the flag; when a banned by the Government according .. . the reasons why the States and the Fed- national leader or world dignitary dies, to our Supreme Court precedents is eral Government have the power to protect the flag is flown at half mast; when one lengthy: libel, obscenity, fighting S 18388 CONGRESSIONAL RECORD — SENATE December 12, 1995 words, child pornography, deceptive ad- flag desecration inflicts upon our na- an hour, I guess, because I felt strongly vertising, inciteful speech, speech that tional character outweighs the meager about what was going on with this breaches personal privacy, speech that contribution that flag burning makes piece of legislation. Rather than re- undermines national security, nude to the advancement of knowledge and peating those remarks of last Friday, I dancing, speech by public employees, understanding of ideas. The Supreme call attention to an article that ap- infringements of copyright, and speech Court balances interests in this man- peared in the Cleveland Plain Dealer on public property, to name a few. ner in almost every constitutional case earlier this year by a columnist, Dick And consider how narrow the flag it decides. Why is it that we have no Feagler, a friend of ours who I have amendment’s restriction of speech qualms about deferring to the value- known for a long time. Dick writes really is and how little it limits our judgments made by unelected jurists sometimes with a humorous bent and a ability to protest against the Govern- but we become squeamish when mak- serious twist to it at the same time. ment. Even if the amendment is en- ing such judgments through our most I read this into the RECORD in the acted one could still write or say any- solemn act of self-government—amend- time I have remaining here because I thing about the Government; one could ing the Constitution? think it pretty much says it all. The still burn a copy of the Constitution or I do not believe this flag amendment title is, ‘‘Flag Should Stay Sacred in effigies of political leaders; indeed, one sets a bad precedent by carving out an Our Minds, Not Law.’’ His article goes could put a picture of a flag being exception to the first amendment or on like this: burned on the Internet and circulate it that the people will act irresponsibly Here they go again. Congressional Repub- to millions of people across the world by amending the Constitution in a fre- licans, backed by some Democrats, are push- with the push of a button. ing for a constitutional amendment against quent or cavalier fashion. For one burning the flag. Recall the words the protestors thing, the Constitution, in its wisdom, That old bandwagon has more miles on it chanted while Gregory Lee Johnson set makes that too difficult to do. Also, I than your grandma’s Edsel. But there are al- a flag on fire and gave rise to this en- trust the people. They understand the ways plenty of new passengers eager to hitch tire controversy: ‘‘Reagan and Mon- value of liberty. They understand that a ride. In our area, freshman Congressman dale, which will it be? Either one the only way for truth to emerge is Steven C. LaTourette has climbed aboard for means World War III. Ronald Reagan, a short trip toward the stoplight of reason. through the exchange of ideas. They Every four years or so, I have to write a killer of the hour, perfect example of understand that it is a slippery slope column about this issue and it always makes U.S. power. America, the red, white, from government-controlled censorship me feel bad. I am a flag guy. I was raised on and blue, we spit on you, you stand for to tyanny. I am confident that it will John Wayne movies. I feel good on the plunder, you will go under.’’ So regard- be the rare occasion that the people Fourth of July, and humble on Memorial less of whether we have a flag amend- make an exception to our general tol- Day. I am the kid who, at age 12, slipped a ment, there are a multitude of ways to erance for free expression by targeting sternly worded note under the door of a mer- heap contempt on the government, chant who never took his flag down at sun- a form of expressive activity for special set. There’s a grand old flag flying next to should one choose to do so. The effect treatment. And I am confident that our my front door 20 feet from where I’m writing of the amendment on free expression national character will be improved, this— would be negligible. not weakened, by the protection of our So every time this comes up, I ask myself, I also want to take issue with the unique symbol of nationhood. why don’t I just go along with it. It would be contention that our liberal tradition I agree with Justice Stevens’ opinion so much easier. It would make my feel proud prohibits us from ever making sub- in Texas versus Johnson. He said: and patriotic and as American as a Marysville, Honda. Why not just support stantive value judgments about what is The value of the flag as a symbol cannot be good speech and what is not or that we changing the Bill of Rights to keep Old measured. Even so, I have no doubt that the Glory safe from the punks and the fanatics? must always remain indifferent or neu- interest in preserving that value for the fu- Well, because it’s dumb, that’s why. That’s tral with respect to the ideas and im- ture is both significant and legitimate. one reason. There’s a deeper reason, but I’ll ages that bombard us over the airwaves Similarly, in my considered judgment, deal with the dumbness first. After all, as or through the media. sanctioning the public desecration of the some of you keep reminding me, I’ve got Senator DOLE touched on this in a flag will tarnish its value, both those who enough dumbness in me now without in- speech he gave earlier this year criti- cherish the ideas for which it waves and for creasing my inventory. those who desire to don the robes of martyr- If we make it against the law to destroy a cizing the violent movies being pro- dom by burning it. That tarnish is not justi- flag, exactly what kind of flag are we talking duced in Hollywood these days. It isn’t fied by the trivial burden on free expression about? Are we only talking about the official inconsistent with the first amendment occasioned by requiring an available, alter- flag, made, I believe, in Taiwan, that you to speak out against movies that con- native mode of expression, including words buy at the post office? How about the flag tain dozens of shootings, or gruesome critical of the flag, be employed. my father still has with 48 stars on it? Is acts of violence that are then copied in So I support this resolution to send that still THE flag? real life only days after the initial Suppose I run up a flag on my Singer and the flag protection amendment to the leave off a couple of stripes and a handful of screening. It isn’t an act of government States for ratification. And I urge my stars? If I burn that, will I land in federal censorship for politicians to criticize colleagues to support it as well. court? Who would go to that much trouble, music containing lyrics that denigrate Mr. HATCH. Mr. President, I suggest you ask? Pal, you don’t know your punks women, glorify cop killers as role mod- the absence of a quorum. and fanatics. els, and promote racial divisiveness. I ask unanimous consent that the How about if I draw a flag on a piece of Likewise, it is not government cen- time be divided equally. paper? Can I bum that? Suppose I draw it in sorship when the people amend the black and white but it is still unmistakably The PRESIDING OFFICER (Mr. a flag? Does it count? How about those little Constitution to prohibit one narrow, BURNS). The clerk will call the roll. flags on toothpicks you stick in cocktail repulsive form of expression. The proc- The assistant legislative clerk pro- weenies? If I singe one of those will the FBI ess of amending the Constitution does ceeded to call the roll. come vaulting over the patio hedge to nail not consist of a dictatorial tyrant exer- Mr. GLENN. Mr. President, I ask me? Are we going to write a brand new cising power over enslaved subjects; unanimous consent that the order for amendment to the Constitution the covers rather it is the act of free people exer- the quorum call be rescinded. the flag on the seat of a biker’s britches? Is cising their sovereign power to impose a flag decal a flag? The PRESIDING OFFICER. Without Back in the ’60s, I covered a dozen rallies rules upon themselves. By enacting objection, it is so ordered. where people burned their draft cards. The this amendment through the process Mr. GLENN. Mr. President, I yield frequency of draft-card pyromania was so set forth in article V of the Constitu- myself such time as I may consume. great that nobody bothered to apply for a re- tion, ‘‘We the people’’ will be determin- How much time do we have on this placement. When the hippie at the micro- ing that the message being expressed side? phone announced it was arson time, the pro- by those who burn the flag is not wor- The PRESIDING OFFICER. Nine testers just lit anything they weren’t plan- thy of legal protection. The amend- minutes. ning to smoke. If I announce I’m burning a flag, does that count, even if I’m not? ment represents a subjective, value- Mr. GLENN. Mr. President, I gave a Who is going to write the constitutional laden judgment by the people that our more lengthy speech on this subject amendment that sorts all this out? It’s be- interest in preventing the damage that last Friday. In fact, I talked for about yond my poor powers, Yank George M. December 12, 1995 CONGRESSIONAL RECORD — SENATE S 18389 Cohan is dead, and even if he was still with whatever. But I find that reprehen- The Senator from Utah. us, I doubt he could do better than a C-minus sible. Is that covered under something Mr. HATCH. Mr. President, the July with this assignment. like this? We are leaving this up to 50 24, 1995, Washington Post published a I said there was a deeper reason. And there different States, yet we quote a Pledge letter from Donald D. Irvin of Fairfax, is. VA. He wrote: you can’t destroy the flag. Nobody ever of Allegiance that says ‘‘one Nation’’— has. one Nation, not a Nation of 50 separate It is regrettable that a constitutional The British tried it twice and gave up for- entities, all free to make their own amendment to protect the flag is necessary ever. The South ripped the flag in two and rules about how they want to treat the as a way to express the will of the people in slipcoverd their half, but we glued it back to- flag—‘‘under God, indivisible, with lib- response to the misconception of the Su- gether with the blood of Gettysburg and erty and justice for all.’’ We do not say preme Court. But this is hardly the first Chattanooga. The flag always came through, time that this has had to be done. just for some and not for others, and For example, the Dred Scott decision had just like the song about it says. we do not say the flag should have dif- to be corrected by the 13th and 14th amend- The Kaiser couldn’t damage it. Hilter ferent treatment in different parts of ments. Neither should have been necessary, couldn’t; Mussolini couldn’t; Tojo gave it a the country either. but while the Supreme Court is an indispen- really good try, but he couldn’t. The flag So I disagree with this approach that sable branch of government, on occasion the survived the Chosen Reservoir and the people have to ‘‘explain’’ the Constitution to Mekong muck. says there is such a big problem out there we somehow need to do some- it. And after all of that, we think we need a Although it is not incorporated within the constitutional amendment to protect it from thing, passing a constitutional amend- text of the Constitution itself, Americans some crazy-eyed young idiot with a Bic to ment to take care of a nonproblem, cite the pledge of allegiance to the flag ‘‘and flick and a mouth full of narcissistic anti- really. There is not a great, huge rash to the republic for which it stands.’’ The re- government claptrap? We think that one of flag burnings out there that showed public is based upon the Constitution, which match and a TV camera can do something disrespect for the flag. I was told there all naturalized citizens and those serving in that 200 years of world-class thugs couldn’t were none last year. Then I was cor- military and official positions are sworn to do? I hope we have more faith than that. defend. While native-born citizens are not Once in one of my lengthening number of rected by some of the veterans who vis- ited me in my office a few days ago last otherwise required formally to make such an yesteryears, it was my job to remove flags oath or to pledge allegiance to the flag—and from the caskets of dead soldiers and fold week, and they said, no, they could indeed are free to refuse to do either without them and present them smartly to mothers verify there were three flag burnings legal sanction—neither should they be free and widows. Those were always emotional this year. physically to desecrate the ultimate symbol moments. We have just under 270 million people of the Nation. . . . But I never thought I was handing over in this country. That means one of- There always will be a few demented souls THE flag in exchange for a young man’s life. fense for every 90 million people. I real- who may desecrate the flag or violate any Both I and the woman behind the veil knew ly do not see that as being a tremen- law. But arcane legal theories aside, too that the flag worth dying for is the big one dous problem for our country. We have many people have sacrificed their lives for you can’t see or touch but you know is there. this country so that the rest of us can live Right up there under God, like it says in the a solution here out looking for a prob- free for us not to honor their memory and Pledge of Allegiance. lem to solve. That does not make much our allegiance to the republic by expressing The only kind of help that flag needs from sense to me. through our highest standard of man-made Congress is a nation worthy of it. The flag symbolizes the freedoms we law that Americans will not tolerate the That concludes his writing. It was in have. It is not the freedoms them- wanton desecration of the one symbol ‘‘for the Plain Dealer earlier this year. I selves. It is not the freedoms them- which it stands.’’ think that pretty much says it all. selves, and those are the things that I urge my colleagues to heed the Mr. President, how much time do I are important. Everyone on both sides commonsense voices of the American have remaining? of this issue, both sides of the aisle people and send this amendment to the The PRESIDING OFFICER. The Sen- love and defend the flag, and if anyone States. ator has 4 minutes and 8 seconds. came in here and tried to burn a flag COMMON SENSE Mr. GLENN. Mr. President, I could right here there would be enough peo- Mr. President, I know there are law- not add a whole lot to that. ple to attack that person, I can guaran- yers and nonlawyers on both sides of Let me say this. I do not know how tee you, that we would take care of it the issue before us. But there has been we administer this thing if we do have ourselves. That is the way most of a fair amount of discussion of legal it put into effect. I always thought we these things will be taken care of back principles involved in the flag protec- in our individual States. were supposed to be one Nation—one tion debate. Frankly, lawyers some- Without a doubt, the most important Nation—not a nation that passes times make matters more complicated of the values are covered in the Bill of amendments that says we are going to than they really are. That is one way Rights. If we had not had that Bill of lawyers drive up their market value. break this up and let 50 States make up Rights put together, you know some of their own minds about how they want Sometimes a healthy dose of common the States were prepared to not ap- sense goes much farther than lawyer to treat the flag. I think that is our job prove the Constitution of the United here, and I think we do it for the Na- talk in illuminating an issue. States. In that very first amendment In his trenchant dissent in the Texas tion right here. I think it is a mistake we cover some very, very sacred things. versus Johnson case in 1989, Justice to let all this go out to the States. We say in that very first amendment, John Paul Stevens put the same I remember back in 1976 we were cele- ‘‘Congress shall make no law respect- thought this way: brating the Bicentennial and we had bi- ing an establishment of religion or pro- The ideas of liberty and equality have been kinis, flag bikinis advertised in papers. hibiting the free exercise thereof; or an irresistible force in motivating leaders I remember once watching a rock and abridging the freedom of speech’’— like Patrick Henry, Susan B. Anthony, and roll concert that year, and it was quite which is deemed to mean other exam- Abraham Lincoln, schoolteachers like Na- a spectacle. It was one to make your ples—‘‘or of the press; or the right of than Hale and Booker T. Washington, the blood boil, because the lead guitarist, the people peaceably to assemble, and Philippine Scouts who fought at Bataan, and the soldiers who scaled the bluff at Omaha who was bared from the waist up, did to petition the Government for a re- not have a shirt or anything on, but he Beach. If those ideas are worth fighting for— dress of grievances.’’ That is all there and our history demonstrates that they are— is going at it and strumming and bang- is in that article. It covers those it cannot be true that the flag that uniquely ing away on this thing. Pretty soon his things, but how important they are. symbolizes their power is not itself worthy pants started to slide down, and, lo and Without that, we would not have had a of protection from unnecessary desecration. behold, you guessed it: He had flag Constitution of the United States. [491 U.S. at 439]. shorts on. The audience went wild. My time is up, Mr. President. If any- In other words, denying the Amer- I find that more objectionable than I one wishes to look at my remarks in ican people the right to protect their do some of the things we are talking more detail, the CONGRESSIONAL flag defies common sense. about, to protect the flag here from RECORD of last Friday has it complete. Now, I wish we did not have to do burning it. I do not know whether body My time is up and I yield the floor. this by constitutional amendment. We fluids get spilled on the flag in situa- The PRESIDING OFFICER. Who should not have to do so to ensure that tions like that, with the bikinis or yields time? the people can protect their flag. S 18390 CONGRESSIONAL RECORD — SENATE December 12, 1995 I, like Earl Warren, Abe Fortas, Hugo and is one of the leading constitutional The PRESIDING OFFICER. Without Black, and Justice Stevens, believe the experts here in Washington. objection, it is so ordered. Constitution empowers Congress to Mr. President, this is an extremely Mr. HATCH. Mr. President, the argu- protect the flag from physical desecra- important issue. This issue will deter- ment that authorizing the prohibition tion. But the Supreme Court twice has mine whether the United States wants of flag desecration violates the first made clear that the statutory protec- to return to the values of protecting its amendment is of recent vintage. I have tion of the flag—because it is the flag— national symbol the way it should be. remarked before that the Johnson and Should we pass this amendment will be struck down under its interpre- Eichman decisions owe far more to today by the requisite 66 votes, there tation of the Constitution. We have no evolving theories of jurisprudence than being only 99 Members of the Senate at choice here. Once the Supreme Court, to the first amendment itself. by the narrowest of margins—5 to 4— present, this amendment would then be I think the Members of the First orders us otherwise, and slams the door submitted to the States. We will leave Congress who voted for the first on us—and they did so twice—only the it up to the people as to whether or not amendment would be astonished to people can reverse that decision. And, they want this amendment. My per- learn, two centuries later, that they in this process as prescribed under Ar- sonal belief is that they will ratify this had forbidden Congress from prohibit- ticle V of the Constitution, it is now up amendment. Three-quarters of the ing flag desecration. to the Senate to give the American States, if not all of the States, will rat- people the opportunity to do so, if they ify this amendment so fast our heads It is even more astonishing to believe so choose. will be spinning. I think the people that those who enacted the 14th By sending this amendment to the want this. The polls show they want it. amendment’s due process clause, States for ratification, the Senate Although I do not believe we should do through which the first amendment’s opens the door to no other amendment, things just because the polls show it, in free speech guarantee has been applied or statute, precisely because the flag is this case the polls show that the Amer- to the States, believed they were for- unique. There is no slippery slope here. ican people understand that this is a bidding the States from protecting Old The flag protection amendment is lim- value that they want to maintain and Glory. ited to authorizing the Federal Govern- uphold, and rightly so. This is a very Indeed, during the Civil War, Con- important value, and, should we pass ment to prohibit physical desecration gress awarded the Congressional Medal this amendment today, we will submit of a single object, the American flag. It of Honor to Union soldiers who saved it to the States. And those issues of thus would not serve as a precedent for the American flag from falling into values, those issues of right and wrong, any legislation or constitutional Confederate hands. will once again be debated all over this amendment on any other subject or country. It will be a very, very healthy That Members of Congress who mode of conduct, precisely because the thing in 1995 and 1996 to have these is- awarded the Medal of Honor for such flag is unique. Moreover, the difficulty sues debated 207, years after we heroics would also strip States of the in amending the Constitution serves as thought we were establishing values right to protect the flag from those a powerful check on any effort to reach and virtue through the Constitution of who would physically desecrate it other conduct, let alone speech which the United States. seems to me to be far-fetched. As I the Supreme Court has determined is In all honesty, that debate needs to have mentioned earlier, as recently as protected by the first amendment. take place. It will be a much more ef- 1969, even Chief Justice Earl Warren, This amendment does not allow Con- fective debate, I think, than we have whose very name is an eponym for judi- gress to prohibit any thought or point held here on the floor of the U.S. Sen- cial activism among conservatives, of view, but rather one narrow method ate. I believe it is one that is long over- wrote: ‘‘I believe that the States and of dramatizing that thought or view- due, and it could lead to a debate on the Federal Government do have the point—by prohibiting one form of con- other values in our society—other prin- power to protect the flag from acts of duct; regulating action, not speech. No ciples of good versus bad. I think it desecration and disgrace * * * ’’ (Street speech and no conduct, other than would be beneficial to the country to v. New York, 394 U.S. 576, 605 (1969) physical desecration of the American start reexamining some of these (Warren, C.J., dissenting)). Liberal Jus- flag, can be regulated under legislation things, some of the permissive things, tice Abe Fortas agreed. And first that would be authorized by the that we have allowed to occur in this amendment absolutist Justice Hugo amendment. society that have really denigrated our Black was incredulous at the thought As former Assistant Attorney Gen- society. Whether to restore legal pro- that the Constitution barred laws pro- eral Charles J. Cooper testified: tection for our national symbol, the tecting the flag: ‘‘It passes my belief . . . if prohibiting flag desecration would American flag, is an issue of such great that anything in the Federal Constitu- place us on [a slippery slope of restrictions constitutional import, one that will tion bars a State from making the de- on constitutional protection of expression help us to start that debate. liberate burning of the American flag for the thought we hate,] we have been on it I hope that our colleagues will vote an offense.’’ (394 U.S. at 610). for a long time. The sole purpose of the Flag for it today. I can accept whatever my Protection Amendment is to restore the con- That five Members of the Supreme stitutional status quo ante Johnson, a time colleagues do. But I hope they will vote Court have now said otherwise does not when 48 states, the Congress, and four Jus- for it. Should we pass it, the great de- make their constitutional interpreta- tices of the Supreme Court believed that the bate on values will start. Should we tion in this case wise or persuasive, legislation prohibiting flag desecration was not pass it, come 1997 we will be back any more than its decisions in the last entirely consistent with the First Amend- with it again, and I think we will pass century that Dred Scott should be re- ment. And that widespread constitutional it at that time. But let us hope we can turned to slavery, or that separate-but- judgment was not of recent origin, it pass it today. I intend to do everything stretched back about 100 years in some equal treatment of the races passes I can to see that it is passed. muster under the equal protection states. During that long period before John- Might I ask the Chair how much time son, when flag desecration was universally clause made sense. remains on both sides? criminalized, we did not descend on this pur- The pending amendment overturns ported slippery slope into governmental sup- The PRESIDING OFFICER. The Sen- ator has 13 minutes remaining and the the Johnson and Eichman decisions pression of unpopular speech. The constitu- and clearly establishes in the text of tional calm that preceded the Johnson case opposite side has no time left. would not have been interrupted, I submit, if Mr. HATCH. I suggest the absence of the Constitution the power for Con- a single vote in the majority has been cast a quorum. gress to protect the flag from physical the other way, and flag desecration statutes The PRESIDING OFFICER. The desecration that those two decisions had been upheld. Nor will it be interrupted, clerk will call the roll. erroneously took away. It only ad- in my view, if the Flag Protection Amend- The legislative clerk proceeded to dresses the Court’s misguided, recent ment is passed and ratified. call the roll. flag jurisprudence. It does nothing else; That is the testimony of Charles J. Mr. HATCH. Mr. President, I ask it does not disturb any other theories Cooper, who, of course, was Assistant unanimous consent that the order for the Court has used to construe the Attorney General of the United States, the quorum call be rescinded. Constitution. December 12, 1995 CONGRESSIONAL RECORD — SENATE S 18391 THE AMERICAN FLAG DESERVES LEGAL PROTEC- cration in California reported in the Senator from Delaware to go first, but TION REGARDLESS OF THE NUMBER OF FLAG media? The impact is far greater than let me say this. This amendment is DESECRATIONS IN RECENT YEARS the number of flag desecrations. doubly flawed. First, it does not offer The Clinton administration testified Physical desecration of the American proper protection to the flag. A veteran that, in light of what it refers to as flag has occurred every year since the writing the name of his or her unit on ‘‘* * * only a few isolated instances [of Johnson decision. I do not believe there a flag is a criminal if we pass the stat- flag burning], the flag is amply pro- is some threshold of flag desecrations ute authorized by this amendment. tected by its unique stature as an em- during a specified time period nec- Second, we have never in 206 years bodiment of national unity and ideals.’’ essary before triggering Congressional written a statute into the Constitu- [Testimony of Mr. Dellinger, June 6, action. Certainly, critics of the amend- tion. This amendment is a textbook ex- 1995 at p. 1] I find that comment simply ment cite no such threshold. If it is ample of blurring the distinction be- wrong. right to empower the American people tween our fundamental charter, our First, aside from the number of flag to protect the American flag, it is right Constitution, and a statutory code. We desecrations, our very refusal to take regardless of the number of such dese- cannot do this to our Constitution. action to protect the American flag crations in any 1 year. And no one can The same amendment was rejected 93 clearly devalues it. Our acquiescence in predict the number of such desecra- to 7 in 1990. And it has not improved the Supreme Court’s decisions reduces tions which may be attempted or per- with age. There is a better way to pro- its symbolic value. As a practical mat- formed in the future. tect the flag: vote down the Biden ter, the effect, however unintended, of If murder rarely occurred, would amendment, and then vote for the our acquiescence equates the flag with there not be a need for statutes punish- Hatch-Heflin-Feinstein amendment. a rag, at least as a matter of law, no ing it? Espionage prosecutions are not Mr. President, I suggest the absence matter what we feel in our hearts. everyday occurrences. Treason pros- of a quorum. Anyone in this country can buy a rag ecutions are even more infrequent, but Mr. BIDEN. I ask that you withhold and the American flag and burn them treason is defined in the Constitution that request. both to dramatize a viewpoint. The law itself and no one suggests we repeal Mr. HATCH. I withhold. currently treats the two acts as the that provision or treason statutes. Mr. BIDEN addressed the Chair. same. How one can say that this legal Our distinguished colleague from The PRESIDING OFFICER. The Sen- state of affairs does not devalue the Alabama, Senator HEFLIN, also re- ator from Delaware is recognized. flag is beyond me. sponds to the criticism that there are Mr. BIDEN. I understand we have 1 This concern is shared by others. too few flag desecrations to justify an minute. Justice John Paul Stevens said in his amendment by noting: ‘‘in my judg- Mr. President, I believe that the Johnson dissent: ment, this is the time, in a cool, delib- amendment of my friend from Utah is . . . in my considered judgment, sanction- erate, calm manner, and in an atmos- fatally flawed. For the first time ever, ing the public desecration of the flag will phere that is not emotionally charged it puts the Federal Government in the tarnish its value. That tarnish is not justi- to evaluate values. I think that is fied by the trivial burden on free expression position of the State governments of occasioned by requiring that an available al- something that makes it appropriate choosing what types of speech they ternative mode of expression—including ut- to do it now. I [believe] that there have think are appropriate. My amendment tering words critical of the flag—be em- to be in this Nation some things that protects the flag, plain and simple. It is ployed. [491 U.S. at 437]. are sacred.’’ I think my friend from straightforward. It does not allow the Prof. Richard Parker of Harvard Law Alabama is absolutely right. Government to choose. It defines it. It School testified after Mr. Dellinger, Mr. President, I believe our time is says the flag cannot be burned, tram- and in my view, effectively rebutted about all up, and I would be happy to pled upon. It is very specific. his argument. yield it back unless somebody wants to I ask that my colleagues look at it If it is permissible not just to heap verbal speak. closely and, hopefully, support it. I ask contempt on the flag, but to burn it, rip it The PRESIDING OFFICER. I might for the yeas and nays on my amend- and smear it with excrement—if such behav- inform the Senator he has 2 minutes ment. ior is not only permitted in practice, but and 30 seconds remaining. The PRESIDING OFFICER. Is there a protected in law by the Supreme Court—then Mr. HATCH. I will be happy to yield sufficient second? the flag is already decaying as the symbol of it back. I understand the other side’s There appears to be a sufficient sec- our aspiration to the unity underlying our time is consumed. freedom. The flag we fly in response is no ond. longer the same thing. We are told . . . that f The yeas and nays were ordered. someone can desecrate ‘‘a’’ flag but not RECESS The PRESIDING OFFICER. The ‘‘the’’ flag. To that, I simply say: Untrue. question is on agreeing to amendment This is precisely the way that general sym- The PRESIDING OFFICER. If there No. 3093 offered by the Senator from bols like general values are trashed, particu- is no objection, the Senate will stand Delaware. The yeas and nays have been lar step by particular step. This is the way, in recess until the hour of 2:15 this ordered. The clerk will call the roll. imperceptibly, that commitments and ideals afternoon. The legislative clerk called the roll. are lost. There being no objection, the Senate, Mr. LOTT. I announce that the Sen- Second, as a simple matter of law at 10:37 a.m., recessed until 2:15 p.m.; ator from Texas [Mrs. HUTCHISON] is and reality, the flag is not protected whereupon, the Senate reassembled necessarily absent. from those who would burn, deface, when called to order by the Presiding The PRESIDING OFFICER. Are there trample, defile, or otherwise physically Officer [Mr. COATS]. any other Senators in the Chamber de- desecrate it. f siring to vote? Third, whether the 45-plus flags FLAG DESECRATION The result was announced—yeas 5, whose publicly reported desecrations nays 93, as follows: between 1990 and 1994 of which we are CONSTITUTIONAL AMENDMENT currently aware, and the ones which The Senate continued with the con- [Rollcall Vote No. 597 Leg.] were desecrated so far this year, rep- sideration of the joint resolution. YEAS—5 resent too small a problem does not AMENDMENT NO. 3093 Biden Levin Pell turn on the sheer number of these dese- The PRESIDING OFFICER. Under Hollings Nunn crations alone. When a flag desecration the previous order, the question is on NAYS—93 is reported in local print, radio, and amendment No. 3093 offered by the Sen- Abraham Bradley Chafee television media, potentially millions, ator from Delaware. Under the pre- Akaka Breaux Coats Ashcroft Brown Cochran and if reported in the national media, vious order, there are 2 minutes of re- Baucus Bryan Cohen tens upon tens of millions of people, maining debate time equally divided. Bennett Bumpers Conrad see or read or learn of them. How do The Senator from Utah. Bingaman Burns Coverdell my colleagues think, Rose Lee, for ex- Mr. HATCH. Mr. President, I nor- Bond Byrd Craig Boxer Campbell D’Amato ample, feels when she sees a flag dese- mally would want the distinguished S 18392 CONGRESSIONAL RECORD — SENATE December 12, 1995 Daschle Helms Murkowski tions, please take them to the Cloak- on the flag amendment. It was our DeWine Inhofe Murray Dodd Inouye Nickles room. Others, take your seat. Could I hope we could avoid votes yesterday, Dole Jeffords Pressler have order in the Senate, please? Will stack votes today, but that was contin- Domenici Johnston Pryor Senators please take their seats or gent on relevant amendments being of- Dorgan Kassebaum Reid take their conversations to the Cloak- fered, with some understanding as to Exon Kempthorne Robb Faircloth Kennedy Rockefeller room? how the time would be divided. Feingold Kerrey Roth The Senator from South Carolina. I entered into that agreement rec- Feinstein Kerry Santorum Mr. HOLLINGS. I thank the distin- ognizing the need for relevancy. As a Ford Kohl Sarbanes guished leader and Members them- Frist Kyl Shelby result, even though I support the Glenn Lautenberg Simon selves. amendment offered by the Senator Gorton Leahy Simpson Mr. President, I will save the Senate from South Carolina, I will also sup- Graham Lieberman Smith time by withdrawing the one on cam- Gramm Lott Snowe port the point of order. It is not rel- Grams Lugar Specter paign finance. That is the best evidence evant to this amendment. In spite of Grassley Mack Stevens that I had relative to the understand- its merit, it is not an amendment I can Gregg McCain Thomas ing or misunderstanding about rel- support under these circumstances and Harkin McConnell Thompson evance. given the agreement. Hatch Mikulski Thurmond Point 1: The 10 amendments to the Hatfield Moseley-Braun Warner So, therefore, I hope our colleagues Constitution were originally submitted Heflin Moynihan Wellstone could support the agreement and look as 12 amendments, the 11th being the NOT VOTING—1 for another day, when we can support 27th amendment, not relevant, of Hutchison as well the Hollings amendment. course, voted on separately. And if a So, the amendment (No. 3093) was re- point of order is made, then of course I yield the floor. jected. the flag is not relevant to balancing The PRESIDING OFFICER. The ma- AMENDMENT NO. 3095 the budget, or balancing the budget is jority leader is recognized. The PRESIDING OFFICER. The not relevant to the flag. I understand Mr. DOLE. Is all time yielded back? question is on amendment 3095, offered that. But the technical point of con- The PRESIDING OFFICER. All time by the Senator from South Carolina. stitutional amendments, this has been Under the previous order, there will is yielded back. submitted as a separate article, and on Mr. DOLE. Mr. President, I raise a be 2 minutes of debate equally divided. merit I dispute and appeal the ruling of The Senator from South Carolina is point of order that the pending Hol- the Chair. lings amendment dealing with a bal- recognized. Otherwise, what we have is a glorious Mr. FORD. May we have order, Mr. anced budget amendment violates the opportunity to get No. 1 in the con- consent agreement of December 8, President? tract performed. They have not been The PRESIDING OFFICER. The Sen- which states that all amendments able to get term limitations or the ate will be in order. must be relevant to the subject matter Mr. HOLLINGS. Mr. President, let matter of line-item veto or deregula- of flag desecration. tion, and we can go down the list. But me acknowledge a misunderstanding. The PRESIDING OFFICER. The you can get, certainly, this No. 1 in the When I was asked on Friday about the point of order is well taken. amendment, because I had been stalk- contract by voting today for a balanced budget amendment to the Constitu- Mr. HOLLINGS. I appeal, Mr. Presi- ing my distinguished majority leader, dent. I appeal the ruling of the Chair. waiting for him to put up a joint reso- tion, word for word, the Dole amend- ment—— And, Mr. President, I ask for the yeas lution all year long, I was asked about and nays. amendments, and I told him I had two. The PRESIDING OFFICER. The time The PRESIDING OFFICER. Is there a They said you would have to be able to of the Senator has expired. Mr. HOLLINGS. I ask unanimous sufficient second? debate them on Monday. I said fine. consent just to get 2 more minutes. They said there will probably be a time There is a sufficient second. The PRESIDING OFFICER. Is there limitation. I said fine. The yeas and nays were ordered. objection? Without objection, it is so In no wise was any inference or ref- The PRESIDING OFFICER. The ordered. erence made to relevance. As a result, question is, Shall the decision of the Mr. HOLLINGS. Word for word, the I understand the distinguished minor- Chair stand as the judgment of the Dole amendment with the Nunn ity leader is going to ask that we vote Senate? On this question, the yeas and amendment to it with respect to the it down because, when the two leaders, nays have been ordered. majority and minority, make an agree- limitation on judicial power. Other- wise, the provision that the protection The clerk will call the roll. ment, they have to hold fast to their The bill clerk called the roll. agreements—except, of course, in this in section 13301 of the United States The PRESIDING OFFICER (Mr. case. You cannot take the position of Code of laws is not repealed, that pro- GREGG). Are there any other Senators being none whatsoever, because it is tection being for Social Security. Sec- in the Chamber who desire to vote? not a mistrust of the minority leader. tion 7 of the original Dole amendment It has been a mistake. repealed that section. We voted just 3 The result was announced—yeas 91, Similarly, if it has been a mistake weeks ago, by 97 to 2, to instruct the nays 8, as follows: conferees that they not use Social Se- with this particular Senator, because if [Rollcall Vote No. 598 Leg.] curity moneys. So it brings it crystal I had been asked if it had to be rel- YEAS—91 evant, we would not have a unanimous- clear into view now and into a particu- Abraham Coverdell Grassley consent agreement and would not be lar vote. If you really want a balanced budget Akaka Craig Gregg voting on the flag. Ashcroft D’Amato Harkin So we are sort of, as they say in the amendment to the Constitution, this is Bennett Daschle Hatch law, in pari delicto. Point 1: It does not a wonderful opportunity, because we Bingaman DeWine Hatfield had five of us on this side of the aisle Bond Dodd Helms necessarily have to be relevant. Boxer Dole Hutchison The PRESIDING OFFICER. The time sign a letter to that effect. Bradley Domenici Inhofe of the Senator has expired. I thank the Chair. Breaux Dorgan Inouye Mr. DASCHLE. Mr. President, I yield Mr. DASCHLE. Mr. President, I will Brown Exon Jeffords just use a couple of minutes of my Bryan Faircloth Kassebaum from my leader time, a minute. Bumpers Feingold Kempthorne The PRESIDING OFFICER. Without leader time to reiterate what the dis- Burns Feinstein Kennedy objection, it is so ordered. The Senator tinguished Senator from South Caro- Byrd Ford Kerrey from South Carolina is recognized. lina has already informed our col- Campbell Frist Kerry Chafee Glenn Kohl Mr. FORD. Mr. President, the Senate leagues. There was a miscommunica- Coats Gorton Kyl is not in order. tion last Friday, as the leader and I Cochran Graham Lautenberg The PRESIDING OFFICER. The Sen- were negotiating the circumstances Cohen Gramm Levin ator is correct. Those having conversa- under which we would come to closure Conrad Grams Lieberman December 12, 1995 CONGRESSIONAL RECORD — SENATE S 18393 Lott Nunn Simpson Mr. HATCH. Mr. President, the Mr. HATCH. Mr. President, the Sen- Lugar Pell Smith Mack Pressler Snowe McConnell amendment would displace ate must now decide: Is this picture of McCain Pryor Stevens the flag amendment. It would kill the the flag being desecrated freedom or an McConnell Reid Thomas flag desecration constitutional amend- abuse of freedom? The American people Mikulski Robb Thompson ment, the only real way the American know the difference. They are counting Moseley-Braun Rockefeller Thurmond Moynihan Roth Warner people can protect their flag. The on the Senate to understand it too. Murkowski Santorum Wellstone McConnell amendment offers a sub- Do not talk to me about flag bathing Murray Sarbanes stitute statute. It offers virtually no suits or T-shirts. Nickles Shelby protection for the flag. It is so nar- This is what we are talking about. NAYS—8 rowly drawn and related to flag dese- This is the unique symbol of our coun- Baucus Hollings Simon cration in such limited circumstances try. Biden Johnston Specter that it would not have changed the de- Only Congress will be able to protect Heflin Leahy cision in the Johnson case. It does not the flag. If we do not trust ourselves to So the ruling of the Chair was sus- protect the flag in cases that have not protect the American flag in a respon- tained as the judgment of the Senate. involved the breach of the peace or a sible way, why should the American AMENDMENT NO. 3096 WITHDRAWN flag stolen from the Government or a people trust us to do anything? The PRESIDING OFFICER. The stolen flag desecrated on Federal prop- The Supreme Court made a mistake. question is on agreeing to the Hollings erty. The Framers gave the people and this amendment No. 3096. Finally, we have been down this dead Senate the right to correct that mis- Mr. HOLLINGS. Mr. President, I ask end before. The Supreme Court will not take, through the justifiably difficult unanimous consent to withdraw the buy any statute, and it will not buy amendment process. amendment. this statute any more than it bought Let the American people have the The PRESIDING OFFICER. Without the 1989 Biden flag statute. right to enact one, uniform law which objection, it is so ordered. How can we look the American peo- protects one symbol of this great coun- AMENDMENT NO. 3097 ple in the eye if we adopt this ineffec- try and one symbol only—Old Glory. The PRESIDING OFFICER. The tive substitute? So the Supreme Court Mr. DASCHLE addressed the Chair. question is on agreeing to the McCon- will strike it down. How many times The PRESIDING OFFICER. The mi- nell amendment. must we have the Supreme Court tell nority leader is recognized. The Senator from Kentucky. us that a statute will not work? So I Mr. DASCHLE. Mr. President, I will Mr. MCCONNELL. Mr. President, hope everybody will vote ‘‘no’’ on the use a couple of minutes of my leader there is 1 minute to explain the amend- McConnell amendment. time. I know that people have sched- ment. Is that correct? I ask for the yeas and nays. ules to keep, but I have not had the op- The PRESIDING OFFICER. That is The PRESIDING OFFICER. Is there a portunity to talk on this amendment. I correct. The Senate will suspend until sufficient second? will attempt to be very brief. there is order in the Chamber. There is a sufficient second. I think everyone understands the re- The Senator from Kentucky. The yeas and nays were ordered. percussions and all the ramifications of Mr. MCCONNELL. I ask unanimous The PRESIDING OFFICER. The the vote we are about to take. This is consent that Senator MIKULSKI be clerk will call the roll. the first time in history that we would added as a cosponsor. The assistant legislative clerk called amend the Bill of Rights; the first time The PRESIDING OFFICER. Without the roll. in 200 years that we would limit the objection, it is so ordered. The PRESIDING OFFICER. Are there freedom of speech. And the question Mr. MCCONNELL. Mr. President, my any other Senators in the Chamber really is, why? Last year, three people amendment will permit us to protect who desire to vote? were arrested or called upon to explain the flag and the Constitution. My The result was announced—yeas 28, themselves for destroying the flag. In amendment will make flag desecration nays 71, as follows: 1993, not one incident of flag desecra- illegal in three instances: First, when an individual desecrates [Rollcall Vote No. 599 Leg.] tion occurred. So, Mr. President, this debate is real- a flag with the intent to incite patri- YEAS—28 ly about protecting principle versus otic Americans to imminent violence; Akaka Dorgan Mikulski Second, when someone steals a flag Bennett Harkin Murray protecting a symbol. Both are impor- belonging to the U.S. Government and Bingaman Jeffords Nunn tant. Both should be protected. But do Boxer Kerry Pell we really hold the symbol more impor- desecrates it; and Bradley Kohl Pryor Third, when someone steals a flag Bumpers Lautenberg Sarbanes tant than the principle it represents? Is displayed on Federal property and Chafee Leahy Simon the flag more important than the free- Conrad Levin Specter dom it stands for? The flag is impor- desecrates it. Daschle Lieberman This amendment differs significantly Dodd McConnell tant, and should be honored. But our basic freedoms, in my view, Mr. Presi- from previous statutes struck down by NAYS—71 the Supreme Court and would be dent, are clearly more important. For Abraham Ford Lugar example, if we hold symbols to be more upheld by the Supreme Court, accord- Ashcroft Frist Mack ing to the CRS, and a number of other Baucus Glenn McCain important than the fundamental right constitutional scholars. Biden Gorton Moseley-Braun of freedom of speech, what about pro- I revere the flag like every Senator, Bond Graham Moynihan tecting a cross? What about protecting Breaux Gramm Murkowski the Star of David? What about protect- for the history it represents and the Brown Grams Nickles values it symbolizes. But let us not Bryan Grassley Pressler ing a copy of the U.S. Constitution? constrict freedom in the name of pro- Burns Gregg Reid The irony here is that we diminish Byrd Hatch Robb the very freedom the flag represents by tecting the flag. After all, freedom is Campbell Hatfield Rockefeller the American way of life that the flag Coats Heflin Roth protecting its symbol. Shimon Peres, embodies. Let us not give flag-burn- Cochran Helms Santorum the acting Prime Minister, spoke of ers—the misfits who hate America and Cohen Hollings Shelby this this morning, and he reminded us Coverdell Hutchison Simpson of how critical it was that we under- the freedom we cherish—more atten- Craig Inhofe Smith tion than they deserve. Do not let D’Amato Inouye Snowe stand what a model this U.S. Constitu- those who dishonor the flag cause us to DeWine Johnston Stevens tion is for the rest of the world. He said Dole Kassebaum Thomas the reason it is such a model is because tamper with the freedom that has Domenici Kempthorne Thompson made America the Nation we love and Exon Kennedy Thurmond it represents tolerance. That was his the envy of the world. Faircloth Kerrey Warner word, ‘‘tolerance.’’ And in a democ- I urge a vote for my amendment. Feingold Kyl Wellstone racy, sometimes we must find the Mr. HATCH addressed the Chair. Feinstein Lott strength to tolerate actions we abhor. The PRESIDING OFFICER. The Sen- So the amendment (No. 3097) was re- As I was growing up, whether it was ator from Utah has a minute. jected. with a teacher, a Cub Scout leader, or S 18394 CONGRESSIONAL RECORD — SENATE December 12, 1995 my family, we all recognized that per- And just 25 years after Iwo Jima, the Stephan Ross still keeps that same haps the biggest difference between flag made history again, as it was cherished flag at his home in Boston, this country and so many others is planted on the Moon by America’s as- where he works as a psychologist. Ross that here we teach, elsewhere they tronauts, some 239,000 miles away. says: compel. It is important that, as we So, the flag itself has a unique and It became my flag of redemption and free- vote on this amendment, we under- rich history, a history of great sac- dom. . . . It represents the hope, freedom, stand the difference between teaching rifice and great triumph, and one that and life that the American soldiers returned and compelling. Let us leave here with is the birthright of every American. to me when they found me, nursed me to every bit as much resolve to go out and Mr. President, there is another point health, and restored my faith in mankind. teach the young and teach all in this I want to emphasize today: Contrary to .. . Even now, 50 years later, I am overcome with tears and gratitude whenever I see our country the importance of protecting what some of my colleagues have said, this debate is not about amending the glorious American Flag, because I know and respecting our flag, but let us not, what it represents not only to me, but to for the first time in 200 years, under- bill of rights or carving out an excep- millions around the world. . . . Protest if mine the Constitution, the Bill of tion to the first amendment. It is you wish. Speak loudly, even curse our coun- Rights, and the freedom of speech by about correcting a misguided Supreme try and our flag, but please, in the name of compelling people today and abrogat- Court decision that itself amended the all those who died for our freedoms, don’t ing their freedom in the future. bill of rights by overturning 48 State physically harm what is so sacred to me and I yield the floor. statutes and a Federal law banning the to countless others. Mr. DOLE addressed the Chair. act of flag desecration. Many of these And, I might add, to those who are The PRESIDING OFFICER. The ma- statutes had been on the books for dec- now heading for Bosnia. jority leader is recognized. ades, without in any way diminishing Stephan Ross is right: We must pro- Mr. DOLE. Mr. President, during the our precious first amendment free- tect that which is sacred to us as citi- past several days, we have heard a doms. zens of this great country. Our flag is number of important legal arguments, And if we learned anything in 1989, sacred because it stands alone as the but there has been very little talk when we first began this debate, it is unique symbol of the principles and about the history of the flag itself. that we cannot overrule a Supreme ideals that President Woodrow Wilson On June 14, 1777, the Revolutionary Court decision on a constitutional mat- knew bound us together as one nation, Continental Congress decided to create ter simply by passing a statute. Fixing one people. an official and distinctively American the Supreme Court’s red-white-and- Throughout our country’s history, flag, passing a resolution declaring blue blunder requires a constitutional thousands of brave Americans have fol- that, ‘‘The flag of the United States be amendment. This is the only serious lowed the flag into battle to defend 13 stripes alternate red and white, and and honest way to correct the Texas these principles and ideals. Twenty the Union be 13 stars, white in the blue versus Johnson decision. thousand Americans will serve under I respect the efforts of my distin- field representing a new constellation.’’ our flag in Bosnia. As a testament to guished colleague from Kentucky, Sen- The colors of the flag were carefully the great sacrifices made by our fight- ator MCCONNELL, who has proposed a chosen: The red for the sacrifices in ing men and women, the flag—Ameri- flag-desecration statute. But as I said blood made for the cause of national ca’s national symbol—should receive back in 1989, the statutory quick-fix independence. The white for the purity the constitutional protection it so just will not work. It failed in 1989, and of this cause. And the blue for vigi- richly deserves. lance, perseverance, and justice. it will fail again today. Of course, amending the Constitution The PRESIDING OFFICER. The Our Nation was barely 30 years old should not be taken lightly. This is se- question is on the engrossment of the when it went to war a second time rious business. That is why the framers amendment and third reading of the against the British Empire in the war intentionally made the amendment joint resolution. of 1812. As the British fleet attacked process a difficult one, requiring the The amendment was ordered to be Fort McHenry in Baltimore Harbor, assent of two-thirds of Congress and engrossed and the joint resolution to the flag waved undaunted throughout three-fourths of the State legislatures. be read a third time. the night until the dawn’s early light, But once these legislative hurdles have The joint resolution was read a third inspiring Washington lawyer Francis been cleared, the American people have time. Scott Key to write the words of the our spoken. In fact, amending the Con- The PRESIDING OFFICER. The joint national anthem. stitution is as American as the Con- resolution having been read the third The most tragic chapter in our Na- stitution itself. time, the question is, Shall the joint tion’s history began when the Amer- Mr. President, I will conclude today resolution pass? ican flag was lowered at Fort Sumter, by telling the story of a man named Mr. HATCH. Mr. President, I ask for after a 33-hour bombardment. The Civil Stephan Ross, who testified earlier this the yeas and nays. War that ensued gave us Barbara year before the Senate Judiciary Com- The PRESIDING OFFICER. Is there a Frietchie, whom the poet John Green- mittee. sufficient second? leaf Whittier tells us stood face-to- In 1940, at the age of nine, the Nazis There is a sufficient second. face, eyeball-to-eyeball, with Stone- seized Ross from his home in Krasnik, The yeas and nays are ordered, and wall Jackson: ‘‘Shoot if you must, this Poland. For the next 5 years, he was the clerk will call the roll. old gray head, but spare your country’s held in 10 different Nazi death camps The bill clerk called the roll. flag, she said.’’ and barely survived. The PRESIDING OFFICER. Are there Eighty years ago, in 1915, as Europe The U.S. Army eventually liberated any other Senators in the Chamber de- stood ravaged by World War I, Presi- Ross from Dachau. As Ross traveled to siring to vote? dent Woodrow Wilson established June Munich for medical care, an American The yeas and nays resulted—yeas 63, 14 as National Flag Day. The purpose tank commander jumped off his vehicle nays 36, as follows: of Flag Day, President Wilson wrote, to lend his help to Ross and to the [Rollcall Vote No. 600 Leg.] was to help us ‘‘direct our minds with other victims of Nazi brutality. As YEAS—63 a special desire of renewal to the ideals Ross recounts: ‘‘He gave me his own Abraham Coverdell Gramm and principles of which we have sought food. He touched my withered body Ashcroft Craig Grams to make our great Government the em- with is hands and heart. His love in- Baucus D’Amato Grassley bodiment.’’ stilled in me a will to live, and I fell to Bond DeWine Gregg One of our most enduring national Breaux Dole Hatch his feet and shed my first tears in 5 Brown Domenici Hatfield images comes from the Second World years.’’ Bryan Exon Heflin War—the famous picture of six Amer- The American soldier then gave Ross Burns Faircloth Helms ican brave soldiers raising Old Glory at what he thought was a handkerchief, Byrd Feinstein Hollings Campbell Ford Hutchison the top of Iwo Jima’s Mount Suribachi. but he soon realized it was a small Coats Frist Inhofe Nearly 6,000 Americans gave their lives American flag, the first I had ever Cochran Gorton Johnston during their deadly ascent up that hill. seen. Cohen Graham Kassebaum December 12, 1995 CONGRESSIONAL RECORD — SENATE S 18395 Kempthorne Nunn Smith In particular, I congratulate the his leadership on this debate on the Kyl Pressler Snowe Lott Reid Specter most important leader of the opposi- flag amendment. My one regret in this Lugar Rockefeller Stevens tion. Of course, that is President Clin- whole debate has been that some peo- Mack Roth Thomas ton. President Clinton won this battle. ple in the State of Utah have charac- McCain Santorum Thompson The American people, in my opinion, terized this as an issue that has divided Murkowski Shelby Thurmond Nickles Simpson Warner lost. The President’s strong, uncompro- Senator HATCH and me and tried to mising opposition to any amendment force us into picking sides. NAYS—36 protecting the flag whatsoever, ex- I did, indeed, vote against the amend- Akaka Feingold Lieberman pressed on June 6, in testimony before ment. It was a close vote. These votes Bennett Glenn McConnell Biden Harkin Mikulski the Constitutional Subcommittee, was are always close matters. My reasoning Bingaman Inouye Moseley-Braun too much for the Citizens Flag Alliance is that the Constitution of the United Boxer Jeffords Moynihan and those of us here to overcome. States is our basic law and, as such, Bradley Kennedy Murray Had the President supported this Bumpers Kerrey Pell should be held inviolate from legisla- Chafee Kerry Pryor amendment, I have no doubt, we would tive activities. Conrad Kohl Robb have prevailed. I do not think there is I realize this was enabling legisla- Daschle Lautenberg Sarbanes any question about it. So I congratu- tion, but I have the fear that, if we Dodd Leahy Simon Dorgan Levin Wellstone late the President on this victory. start the precedent of amending the I assure my colleagues, this amend- Constitution every time there is a Su- The PRESIDING OFFICER. On this ment is not going to go away. It is a preme Court decision with which we vote, the yeas are 63, the nays are 36. simple amendment. It is a constitu- disagree, we run the risk of seeing the Two-thirds of the Senators voting not tional amendment. It is written in Constitution turned into something having voted in the affirmative, the good constitutional form. Frankly, it other than basic law. joint resolution is rejected. is not going to go away. The American Coming out of a political science Mr. CHAFEE. Mr. President, I move people are not going to allow it. We background and a lifetime of studying to reconsider the vote. will debate it in the next Congress. I the Constitution, that is where I came Mr. MCCAIN. I move to lay that mo- hope we have some changes that will down on this particular issue. But I tion on the table. enable us to pass it at that time. want to make it very clear that I am The motion to lay on the table was I want to particularly thank Senator not backing down from my admiration agreed to. HEFLIN and Senator FEINSTEIN for their for and respect for my senior colleague Mr. MCCAIN addressed the Chair. efforts. and his scholarship and his leadership. The PRESIDING OFFICER. The Sen- I also thank chief counsel Winston ator will wait until we get order. I hope the people of Utah will under- Lett, counsel Jim Whiddon, and a stand that this has been an intellectual f former Heflin staffer who worked very disagreement between us, and not an UNANIMOUS-CONSENT REQUEST hard on this, Gregg Butrus, now at the emotional disagreement between us. Notre Dame Law School. I also want to We spent many hours with each other— Mr. MCCAIN. Mr. President, I ask express appreciation to Senator FEIN- each trying to understand the other’s unanimous consent the Foreign Rela- STEIN and her counsel, Jamie Grodsky. tions Committee be discharged of fur- point of view. I am sure Senator HATCH On my staff, I want to thank John understands and respects my point of ther consideration of H.R. 2606 with Yoo, Steven Schlesinger, Jasen Adams, reference to the use of funds for troops view, as I certainly understand and re- and Mark Disler. These people worked spect his. in Bosnia and the Senate then turn to long and hard, very sincerely, on this its immediate consideration. So I hope the people of Utah will un- amendment. derstand that this is not something The PRESIDING OFFICER. Is there This has been not only an important objection? that has driven a wedge between their debate but an interesting debate. I two Senators. Mr. MCCAIN. Mr. President, I would think both sides have had a full and While I am on the floor, I would like like to make known the wishes of the fair opportunity to explain their side. I majority leader. to read into the RECORD just one letter am sorry we lost. On the other hand, that I have received that I think is il- Mr. NUNN. Reserving the right to ob- we have done the best we can under the ject. lustrative of the way this debate has circumstances. gone in the State of Utah. The pro- Mr. HATCH addressed the Chair. Unless there is a change in the U.S. ponents of the amendment have been The PRESIDING OFFICER. The Sen- Senate, I do not believe we are going to mounting an advertising campaign in ator from Utah. be able to pass this amendment with Utah putting up television ads urging f the current Senate, so we are hoping in the people of our State to contact, the next Congress we will have enough FLAG DESECRATION write, fax, or phone Senator BENNETT votes to pass it. Be that as it may, it is CONSTITUTIONAL AMENDMENT and urge that he vote in favor of this going to come up again, whether we do amendment. That, of course, is their Mr. HATCH. Mr. President, while or do not, and we are going to keep appropriate constitutional right. I re- they are resolving this difficulty, let bringing it up until we pass it and pro- ceived this letter in response to that me say a few words about the flag tect the Nation’s national symbol. campaign. I would like to read it into amendment. I ask unanimous consent I I have to say, anybody who really ar- the RECORD. It is addressed to the Of- be given a few minutes to say a few gues this is a denigration of the first fice of Senator BENNETT regarding the words about the flag amendment. amendment just plain does not under- flag burning amendment. The PRESIDING OFFICER. Without stand constitutional law, does not un- objection, it is so ordered. derstand the more than 21 cases where DEAR SENATOR BENNETT: I read the article The Senator will suspend until we we have limited the first amendment, in this morning’s Salt Lake Tribune indicat- get the attention of the Senate. I ask ing that your position on the flag burning and does not understand that this is, amendment differs from that of Senator that conversations be removed to the full and simple and very plain, to pre- HATCH. I also saw the commercial obviously Cloakroom. vent conduct that is offensive to the put on by supporters of the amendment urg- The Senator from Utah. flag, offensive to the country, and of- ing that I write you about this issue. I com- Mr. HATCH. Mr. President, I am, of fensive to almost every citizen, and, mend you for your independent and thought- course, disappointed by the outcome. frankly, the way they have spoken, to ful position as indicated in the Tribune arti- But I predicted at the beginning unless every Senator in the U.S. Senate. cle. we got three more Democrats, we were I thank the Chair. I am a West Point graduate and served not going to be able to prevail, and we The PRESIDING OFFICER. The Sen- with the 3rd Armored Division in Germany and the 5th Special Forces group in Vietnam. could not do that. ator from Utah. I am not in favor of flag burning. But I really I respect the decision of the Senate. I Mr. BENNETT. Mr. President, I want don’t think we need a constitutional amend- congratulate those on the other side of to take occasion to pay tribute to my ment about flag burning. I am strongly con- the issue. senior colleague, Senator HATCH, for vinced that the constitutional provisions S 18396 CONGRESSIONAL RECORD — SENATE December 12, 1995 should be reserved for only the most impor- A VOTE CAST TO PROTECT OUR I have to say the President has stood tant governmental issues, and flag burning FLAG up and condemned smoking cigarettes just is not such an issue. Mr. DORGAN. Mr. President, earlier but has not condemned smoking mari- I was offended to realize that the television today, I voted to protect the American juana. commercial I saw this morning flashed the One in three high school students scene of book burning and a scene of flag flag from desecration. In doing so, I chose a statute rather than a constitu- now smoke marijuana. There has been burning as if they were the same thing. By a 53-percent drop in our ability to my sense of history they are opposite. Book tional amendment to achieve this im- interdict and push back drug ship- burning denotes the suppression of ideas by portant objective. government. Flag burning involves the offen- For me and for most Americans, our ments in the transit zone between 1993 sive and distasteful expression of protest Nation’s flag is a symbol of the prin- and 1995. Drug purity is way up, street against government. Nigeria does not toler- ciples and values which hold this coun- prices are down, and the number of ate that. But I hope America always will. try together. We are appalled and deep- drug-related emergency room admis- I commend you for your courage in taking ly offended when someone burns or in sions is at record levels. Federal law enforcement is under a the position which I suppose is probably con- some way destroys this national em- trary to what the opinion polls would tell very severe strain, and at the very blem of freedom and justice. you to do. Sounds like political courage to time that the technical sophistication Brave men and women have given me. Wish there were more of us in Washing- of the Cali Mafia is reaching new their lives to protect the flag, to pre- ton. heights. Frankly, of those one in three serve as well the freedom and democ- Very truly yours. high school students that are using racy for which it stands. We owe it to marijuana, 30 percent of those who do It is signed by Chris Wangsgard. I did those soldiers to keep our flag from it will try cocaine in the future of their not know Mr. Wangsgard before he re- desecration. And we owe them our sol- lives. That is just a matter of fact. It is sponded to the commercial by sending emn pledge to protect the Bill of a statistic we know. And this has gone me this letter. Rights given to us by history’s greatest up so dramatically fast that I am real- I can report that a majority of the guardian of American liberty: Thomas calls that I have received in response ly concerned about it. Jefferson. The Gallup Poll as released today to the commercial have been in support But in defending our flag, we should showed that 94 percent of Americans of the position that I have taken. I am not alter the Bill of Rights, and we view illegal drug use as either a crisis grateful to Mr. Wangsgard and those should not tinker with language of our or a very serious problem. These people who have so responded. Constitution, if a simple, direct law are right. We simply need to do better. But I conclude, again as I began, Mr. can get the job done. As a start, I urge President Clinton President, with a sincere statement of I cosponsored and cast my vote for to appoint a replacement director at respect and admiration for my senior just such a law. It protects our flag by the earliest possible date. It is vital to colleague and an assurance to everyone punishing those who damage or destroy our Nation’s effectiveness against in the State of Utah that, whereas we it. Flag desecration, like shouting fire drugs that we have a coordinated strat- differ intellectually on this issue, I do in a crowded theater, would not be pro- egy against drug abuse in our executive not know of two Senators who have tected by the first amendment. This branch of Government. Almost 3 years worked together better to represent law passes every constitutional test, into the administration no nominee their home State than Senator HATCH according to scholars at the Congres- has been forwarded to the Senate for and I. I know no senior colleague who sional Research Service. the purpose of ONDCP Deputy Director has been more supportive or more help- Protecting America’s cherished Con- for Supply Reduction—in 3 years. This ful to his newcomer in the Senate than stitution and Bill of Rights is every bit position should be filled immediately Senator HATCH has been. as important as protecting our beloved as well. flag. We must do both, and take care I want, now that the issue is over and I believe that whoever is appointed not to jeopardize one while seeking to settled, to take the opportunity to ought to use that bully pulpit to let protect the other. make sure the people of Utah under- the American people know that we It is a delicate balance, and I believe stand the high regard that I hold for have had it up to here with drug abuse the bill for which I voted, achieves that Senator HATCH and the highest esteem in our country, with this cancer that important and critical balance. that I hold for his scholarship and his has been eating away at our children, f leadership. and which, naturally because of the permissiveness of our society, is result- Mr. HATCH addressed the Chair. NATIONAL DRUG POLICY ing in more and more drug use. We The PRESIDING OFFICER. The Sen- Mr. HATCH. Mr. President, I would have to do something about it. ator from Utah. to announce that the Office of National I wish Director Brown, Lee Brown, Mr. HATCH. Mr. President, I will Drug Control Policy has just confirmed well. I like him personally. I know how only take a few moments. that Director Brown will make an an- frustrating it must have been. The first nouncement at 4:15 today regarding his thing they did when he took over the I want to thank my colleague for his future career plans. It has been widely wonderful remarks. They mean a lot to Office of National Drug Control Policy reported that he will take a sociology was to cut his staff almost completely. me, and I have an equally strong feel- professorship at Rice University in ing toward him and realize that he did Frankly, it is hard to do this job with- Houston. I wish him well. He is a very out the backing of the President of the this as a matter of principle and con- fine man. science. And I could never find fault United States. I really do not believe He was a good selection for this posi- this administration has backed him in with people who do that. I naturally tion. I believe he has given his heart the way that they should have backed differ with him on this particular issue, and soul to it to the extent that he him. Despite that, he has done the best and I am sure we will have some dif- could. He has done a credible job. But he could. ferences in the future. But by and large I have to say the administration has I personally want to acknowledge we support each other, support our barely paid any attention to him and that on the floor. I want to pay my re- State together in a very, very good his efforts on this issue. spects to him. I have admiration for way, and I am very proud to serve with Unfortunately, under this adminis- him. I think his heart was always in him. And I appreciate his service here. tration drug control policy is in utter the right place, and I think he did the He is one of the more articulate, intel- disarray. The number of 12- to 17-year- best he could under the circumstances. ligent and hard-working people in this olds using marijuana has increased I just hope in these next few years— body. I personally feel honored to have from 1.6 million in 1992 to 2.2 million in especially this next year—we do some- him as a partner as we work together 1994. The category of ‘‘recent mari- thing about this, that we replace him in the best interest of Utah and this juana use’’ increased a staggering 200 and get a deputy for the next Director Nation. percent among 14- and 15-year-olds over as soon as we can, and that we start So I want to thank him for his kind the same period. One in three high fighting this issue with everything we remarks here today. school seniors now smokes marijuana. have. December 12, 1995 CONGRESSIONAL RECORD — SENATE S 18397 I yield the floor. as possible to have those statements transport, intelligence, humanitarian Mr. MCCAIN addressed the Chair. made this afternoon or this evening. assistance, and the monetary assist- The PRESIDING OFFICER. The Sen- Mr. President, I yield the floor. ance that we will be asked to supply in ator from Arizona. Mr. KYL addressed the Chair. the future. f The PRESIDING OFFICER (Mr. Second, we are all for the support of THOMPSON). The Senator from Arizona. our troops. There is no one here who THE BOSNIA ISSUE Mr. KYL. Mr. President, I would like would want to pull the rug out from Mr. MCCAIN. Mr. President, I ask to begin this debate. I spoke on this under our troops once they have been unanimous consent that there now be floor, I think I was the first Member to deployed somewhere. Of course, many general debate on the Bosnia issue be- speak after the President spoke to the of us believe the way to support our tween now and the hour of 6 p.m. Nation justifying his decision to com- troops is not to send them in harm’s The PRESIDING OFFICER. Without mit 20,000 ground troops in Bosnia. I in- way in the first instance. But once objection, it is so ordered. dicated my opposition at that time. I they are there, none of us, obviously, Mr. MCCAIN. Mr. President, it is the wish to reiterate that opposition now will want to jerk the rug out from intention of the majority leader at 6 and very briefly indicate the reasons under them. p.m. pending agreement by the other why and why I would support at least Having said what we are for, peace in side to turn to H.R. 2606, which con- one and possibly two of the resolutions Bosnia and support for our troops, I cerns the use of funds for troops in that will be before us tomorrow. think it is also important for us to say Bosnia. I was privileged to serve in the House what we oppose. And there are many of Mr. President, it is also the intention of Representatives during the time us here who oppose what I would char- of the majority leader to have the vote that we debated the issue of whether or acterize as the unreflective and off- fairly early tomorrow, sometime not to commence the Desert Storm op- handed and premature commitment of around noon. eration. I cannot think of a more seri- troops by the President. Our view is So I urge my colleagues to come to ous debate that I participated in while that the President should not have the floor at this time—between now a Member of the House of Representa- made this commitment, and that is and any time this evening—to debate tives. It was an elevated debate in why support for the Hutchison resolu- and discuss this issue. There will be terms of the arguments that were tion is so important—to express our op- limited time tomorrow. The majority raised on both sides, and I think that position to that decision. leader asked me to announce that. So I everyone felt at the end of that discus- I would like to discuss why I think hope that we can get to the bulk of the sion the issue had been thoroughly de- this issue arises today. If this were a debate on this issue. bated, the good arguments presented vital national security interest of the Mr. INHOFE. Will the Senator yield? on both sides, and I think the right re- United States, we would not be debat- Mr. MCCAIN. Let me just finish if I sult came from that vote. ing this question. The Senate would could, and I will be glad to yield to the This is a similar issue, Mr. President. have supported it long ago and the Senator from Oklahoma. This is undoubtedly the most serious American people would be in support of Right now, the tentative plans are to issue which we have had to debate in it. But there is no vital national secu- vote on H.R. 2606, which is the use of this year of the 104th Congress. In the rity interest. There is no national secu- funds for troops in Bosnia. Following long-term survivability of our country, rity interest of the United States in- that, a vote on an amendment by, I be- I suppose one could talk about the bal- volved. And when there is no national lieve, Senator HUTCHISON and Senator anced budget and those economic is- security interest, I think there is a NICKLES, and many others—Senator sues, but when one considers the possi- higher threshold that must be met for INHOFE, Senator KYL—on the issue of a bility of sending young men and the commitment of troops into combat resolution concerning Bosnia, and that women in the Armed Forces into situations. Here there is at best what would be followed, is tentatively sched- harm’s way, all of us I think become could be characterized as a national in- uled to be followed by a vote on the very serious about the subject. terest. Any time there is a moral im- Dole amendment, the language of On this particular subject, there is no perative to stop slaughter, to stop which has not been completely worked right or wrong in the sense that rea- genocide, I think one could say that out. sonable people can have differing there is a national interest in seeing That is subject to change. There may views. I would like to focus first on that that is stopped. be amendments, additional amend- what we have agreed on, and I would That does not mean in every case ments from the other side of the aisle like to say I know that although my that the United States would send on this issue. The Democrat side has colleague from Arizona, Senator ground troops or we would have ground reserved the right to propose addi- MCCAIN, and I may have some disagree- troops in possibly 20 or 30 or 40 places tional amendments on that side. ment about the ultimate resolution on the globe today. We do not. There I will be glad to yield to the Senator that should be passed in this body, we are many situations that cry out for from Oklahoma. agree on what we are for, and I think I help but we cannot literally be the Mr. INHOFE. The question I had was, would also say that in response to Sen- sheriff of the world. So the mere fact is it my understanding there will not ator BENNETT, who said that no senior there is a moral imperative in some be debate time tomorrow before the Senator had offered more assistance to sense to stop the slaughter, to stop the vote will be taken? a junior Senator than Senator HATCH genocide in different parts of the world, Mr. MCCAIN. I believe there will be had to him, I would suggest that Sen- does not automatically mean the Unit- debate time, but it will be extremely ator MCCAIN has provided that same ed States sends ground troops. We limited. We would like to have the de- kind of assistance to me, and I would often do other things. There was a bate and discussion between now and wish to commend him for all of his ef- moral imperative to send humani- the hour later this evening Members forts in trying to come to grips with tarian assistance to Somalia, and we wish to stay in to debate the issue. what these resolutions should be all did that. And there are moral impera- Mr. President, it is my understanding about and how we influence the admin- tives in other places around the Earth that the intention is to have general istration in conducting a sound policy where we have taken action. debate on Bosnia until 6, but then from with respect to Bosnia. This is a moral imperative, but we then on, if we take up 2606, continue All of us, undoubtedly I could say all should not be confused and call it a na- debate on Bosnia as well as that bill. of us, are for peace in Bosnia, for an tional security imperative because So I am not sure we need to restrain end to the slaughter. Many of us be- there is no national security interest of Members as far as time of speaking is lieve we have made a commitment to the United States involved here. And concerned. that with the American ships that are because it is only a moral imperative, I wish to emphasize that tomorrow steaming in the Adriatic, the planes it seems to me there should have been morning there will not be sufficient that are flying under the banner of more debate by the Congress and with time for every Member to speak on this NATO, the other kind of assistance the American people about whether or issue, so again I strongly urge as much which we have provided in terms of not this is one of those occasions in S 18398 CONGRESSIONAL RECORD — SENATE December 12, 1995 which we send our people into harm’s What we are relegated to doing to- missions that do not relate to our Na- way. That debate could not occur be- morrow when we have our vote is to tion’s security, and then he comes back fore the commitment was made be- send a message, and I think the mes- to us and says he wants an emergency cause the President made it, as I said, sage we send is very important. supplemental appropriation to pay for in an offhanded and premature way. First of all, it ought to be a message it when in fact we would not have in- Once he made the commitment, it is of unity and support of our troops. Sec- curred that cost if we could have been very difficult for us to argue about it ond, it ought to be a message of unity consulted or been made a part of the because of the contention that we in support of the peace process through decision. therefore are embarrassing the Presi- a variety of mechanisms that the Unit- I do not mean this to sound at all dent; that we no longer have a foreign ed States has already been participat- partisan because when the decision was policy behind which we stand united in ing in and will in the future be partici- made to go to Somalia, it was made in the world and therefore once the com- pating in. Third, it ought to be a mes- December 1992, which was right after mitment was made it is no longer pos- sage that we oppose this particular President Bush—he was still in office, sible for us to debate it. commitment of troops both in terms of but he had been defeated. It was sup- That kind of catch-22 could occur in the lack of clarity of mission and exit posed to be for 45 days. In other words, the future. There are other situations strategy and of the premise for the in December, the troops are going to go in the world where there is a possibil- mission in the first place; and that is over and in January they are going to ity of commitment of U.S. troops. I that it is essential for U.S. ground come back. It was to open a roadway have heard, for example, that if Israel troops to be a part of the so-called for the delivery of humanitarian goods and Syria should make peace, United peacekeeping effort or else it will fail. to the people of Somalia who did not States troops might be sent to the As I said before, Mr. President, if this want us over there to begin with. I dis- Golan Heights. I do not know whether agreement is so fragile that the sine agreed with President Bush, who was a that is a good idea or not, Mr. Presi- qua non—that without which—for its Republican, like I am, at that time. dent, but I do believe that before a success is a commitment of 20,000 Then, of course, right after that, in commitment is made we ought to de- American ground troops, then it is January, we reminded President Clin- bate that and come to a resolution of probably a peace too fragile to be sus- ton that in fact we should bring our that question and the administration tained in any event, and those are the troops home because the intent origi- act with the advice and consent of the messages I think we should send in the nally was to send them over for 45 Senate in that matter. I suggest that resolutions that we adopt tomorrow. days. And so, each month thereafter, probably the same thing will happen I think that the bottom-line message approximately each month, we sent there that happened here. A commit- should be that the President should not resolutions to President Clinton say- ment will be made in private. We will get us into these situations in the fu- ing, bring our troops home from Soma- be told about it later. And because it ture, and it is not fair to those who we lia. And he did not do it and did not do was already made, we will be told that ask to do the fighting for the United it, and months went by, until finally we cannot really argue about it be- States of America. there was the brutal murder of 18 of cause it would undercut American for- And so, Mr. President, we commend our Rangers and their mutilated bod- eign policy. That is not sound decision- those who have negotiated the peace. ies, corpses were dragged through the making and that is really what I object We pray for those who will be doing the streets of Mogadishu. Of course, then it to and why I think it is important for fighting. We pray for the recovery of was too late and then the American us to have a resolution in opposition to the area in which so much turmoil and people rose up, and this was enough the decision the President made. difficulty has occurred over the last pressure that we indeed brought our There are three basic responses that several years. And we certainly hope troops back from Somalia. have been made. One is the so-called that while this mission begins in much We sent troops down to Haiti. We Hefley amendment. This is the amend- controversy, that it can end success- were not part of that decision. Haiti ment that passed the House of Rep- fully and without loss of life or cas- was supposed to be considered as the resentatives overwhelmingly. And it is ualty to our United States troops. crown jewel of President Clinton’s for- embodied in a sense-of-the-Senate that Mr. President, I thank you, and I eign policy. He said he was going to was incorporated into the Defense ap- yield the floor. send the troops down there for 12 propriations bill as well, but that was a Mr. INHOFE addressed the Chair. months. Then we sent them down in sense-of-the-Senate rather than actual The PRESIDING OFFICER. The Sen- September, and 12 months later—this legislation. ator from Oklahoma. was this past September—they are still This basically says that there should Mr. INHOFE. Mr. President, I whole- not back. Now 3 more months have not be a commitment of funds until the heartedly agree with all the comments gone by and things are getting worse Congress has acted affirmatively on made by the Senator from Arizona [Mr. down there, not better. the matter, and I think that is wise KYL]. He and I have talked about this We realize we made a mistake in policy. That is the way it should have long and hard, and for many, many Haiti. That was not anything that re- been done here. That is, in effect, the hours here on the floor of this body, lated to our Nation’s security. Indeed, way President Bush did it when he and it is something that has concerned it was to go down there—at least it was sought Congress’ approval to conduct us. reported by the President that we were the Desert Storm operation. We expressed the concern in the past going to go down and get someone who The second response to what the when we both served in the other body was duly elected back in office. We President did is the so-called and served at that time on the House have been watching in recent weeks, in Hutchison amendment. This is an Armed Services Committee about the recent days of the turmoil that exists amendment which I have cosponsored problem that we have and are con- there, and we still to this day have which says that we oppose what the fronted with when the Commander in troops in Haiti. President did. It also says we support Chief, the President of the United Just a few weeks ago, we were asked the troops. But I think we have to ex- States, is able to send troops into areas to vote for an emergency supplemental press that opposition. with a total disregard of Congress, of to pay for Somalia and Haiti and some The third resolution is the one that either House of Congress. It is as if we of these humanitarian gestures. I guess Senator MCCAIN referred to, the Dole are totally irrelevant. Rwanda was in there, too. It was a $1.4 resolution, which apparently has not We are the expression of the Amer- billion appropriation. been written yet and therefore obvi- ican people. We are the ones who are So this procedure the Senator from ously I cannot comment on that. expressing the sentiments, I think, Arizona, Senator KYL, was talking But the point is, Mr. President, in all very clearly that shows up certainly in about is what is really wrong because likelihood none of these three re- Oklahoma, and I suspect all over the we do not have any voice in it, and yet sponses will become law. So we will country. The problem that we have is we have to turn around and vote for a have to do what is necessary to support very simple, that the President sends supplemental appropriations to appro- the troops. And we will do that. the troops over on these humanitarian priate money that has already been December 12, 1995 CONGRESSIONAL RECORD — SENATE S 18399 spent on a mission that we did not But this particular bill has the mean- troops to go into that area. Then I agree with. ing of law, has the force of law. It says found out subsequently, the other What happens if we do not make that that we are not going to appropriate day—last week, or a week ago today— appropriation? The President merely the funds that are necessary for the when we had a Senate Armed Services then just goes to the military budget mass deployment of troops into Bosnia Committee hearing, that neither Gen- and pulls it out of the operating budget unless it comes to Congress or Con- eral Shalikashvili or Secretary of De- which is already cut down to the bone, gress approves it. fense Perry had been in that area. I down to a level that we cannot defend Now, this does not take away any of know the President has not been in our Nation on two regional fronts, as it the powers of the President. It merely that area. So I have to come to the is today. And then we are deleting says that the President should not do conclusion that those individuals have those very scarce resources and assets, it unless he has the Congress and the not been there to see how hostile it military assets, by these humanitarian American people behind him. I can tell was. gestures. you right now, Mr. President, he does Let me just tell you why, how they So I am rising today during this time not have the support of Congress be- happened to discover this. Secretary really to speak on two of the three hind him, and he does not have the sup- Perry was talking about how peaceful votes that will be before us tomorrow. port of the American people behind it is up in the Tuzla area. I said, ‘‘Mr. The first one, as I understand the him. He does not have the support of Secretary, I was up in the Tuzla area. order, from the leader is going to be the vast majority of the people in this There was firepower going around up H.R. 2606. Congressman JOEL HEFLEY country; I think they are offended—un- there, and it has not ceased since the from Colorado, who incidentally spent less Oklahoma is a lot different than cease-fire took place. When was the the last weekend with me in the State any of the other States. last time you were?’’ He said he had of Oklahoma going around and explain- I was all over Oklahoma this past never been there. ing to the people and participating on weekend, and I can share the frustra- General Shalikashvili said, ‘‘We are nationwide radio talk shows to let peo- tion that people all the way from training them in an area and an envi- ple know just what is happening, that Lawton, to Anadarko, to Tulsa, that ronment that very nearly represents the President made a commitment they are offended that this has been the environment up in Tuzla.’’ more than 2 years ago to send 25,000 railroaded through and that we have I said, ‘‘I have been to Tuzla and to troops in on the ground in Bosnia, and not had a chance to have the American the training area in Germany, and it is we are now almost out of time. I am people be heard. not really analogous to the training not sure there is anything we can do You might ask, is it really that hos- area. When was the last time you were now to stop the President from doing tile of an area there? The Senator from there?’’ He had not been there. So here we have a hostile area, and this. But just on the possibility, re- Arizona talked about such things as we are guessing that there are more mote possibility, as it is, that the mission creep. You know, we have al- than 6 million mines in that area. This President may, since he made that ready had mission creep in this case. is not like it was in the Persian Gulf statement, have realized what he is This was going to be peacekeeping. where you could go in and deactivate doing in sending our troops over there Now it is going to be peace implemen- into that incredibly hostile area, that mines, because it is not a desert. This tation. There is a big difference be- is ground that is frozen, and the only maybe we can give him an out. So we tween peacekeeping and peace imple- have two efforts to do that. way to find out is if you drive an M–l mentation, because peacekeeping as- or an armored vehicle on it and acti- The first effort is H.R. 2606, as was sumes that there is peace today, when passed by Congressman HEFLEY in the vate it. This is the type of hostility there is not peace today. Peace imple- that is there. House of Representatives. I will read mentation means we must implement just the preamble to this. We hear a lot about the peace talks peace. There is a big difference. That that took place in Dayton, OH. I say To prohibit the use of funds appropriated has seemingly gone unnoticed. This that maybe the wrong people were to the Department of Defense from being thing about mission creep is that it used for the deployment on the ground of there. Sure, Milosevic was there, but it United States Armed Forces in the Republic starts out simple and sounds good to was my experience in the time I spent of Bosnia and Herzegovina as a part of any the American people, just like, I sup- in Bosnia that he is not the one calling peacekeeping operation, or as part of any im- pose, Somalia sounded back in Decem- the shots. It is Karadzic occasionally plementation force, unless funds for such de- ber 1992. It sounded like it was very and, of course, many factions have bro- ployment are specifically appropriated by reasonable. Yet, who could argue at ken away from him. We are dealing law. that time against opening up a road in with three major factions there—the It is a very simple and straight- order to send humanitarian goods up to Croats, the Serbs, and the Bosnian forward two-page bill. That is all it the people who were having all kinds of Serbs, and we have the Moslems. In ad- says. It just says we in Congress are social problems? So we did it. But that dition to that, you have the Arkan Ti- relevant. We in Congress should be kept creeping and creeping until we gers, a throwoff of the Serbs; the Black heard. After all, we are the ones that lost many American lives. Swans, which is related and was at one appropriate money for our military op- There are quite a few people in Con- time a group of Moslems; the erations. We are the ones who make gress who have been to Sarajevo. Sara- mujaheddin is still active; the Iranians the fiscal decisions in this country. jevo is the area people talk about and are there. We have identified nine The President submits his budget, but think about when they think about subfactions, or rogue elements, that we are the ones who get down to the Bosnia. But that is not the area where are up in that area where we are talk- detail of passing budgets that are con- our troops are going to be. Our troops ing about having our troops walking sistent with the desires of the Amer- are going to be, according to the map around. These elements have been ican people. that has been drawn out, to the north known to fire upon their own troops, And so I strongly support H.R. 2606. I of that, from the north of Sarajevo, all murder their own flesh and blood, just do not think it is going to pass. But I the way up, almost to Hungary. That is to blame it on one of the other ele- am going the tell you, it is a defining where we are going to have our troops. ments. vote. Come the elections in the future, That is the hostile area. I suggest, Mr. President, if you are there are going to be people looking I had occasion to prevail upon a Brit- dealing with that kind of mentality, back and saying, we had an oppor- ish general, Rupert SMITH, who was what would preclude them from firing tunity, not just intent of Congress. We kind enough to take me up, since none on our troops to blame somebody else? already passed one of those. Senator of the Americans had been up there. I The administration says, no, we have a GREGG put that on as an amendment. It found out later that even the two fine couple of ways we can get out of was voice voted. And, of course, Sen- generals that were training the 1st Ar- Bosnia. One is at the end of 12 months. ator HUTCHISON and myself and some mored Division in Germany to go up, It was interesting that the President others have a resolution of disapproval General Yates and General Nash, had started out presenting this program that we are going to be trying to pass not personally been in that area at and saying, ‘‘We are going to send tomorrow. That is important, too. that time, and they are training our troops into Bosnia for 12 months.’’ S 18400 CONGRESSIONAL RECORD — SENATE December 12, 1995 Well, on October 17, during the Sen- at that time on the conditions in The President says this is only going ate Armed Services Committee hear- Bosnia than Gen. Michael Rose. He to cost $2 billion. They gave a figure of ing, I said to General Shalikashvili, the said, if Americans go into Bosnia, they what Somalia would cost, what Rwan- Chairman of the Joint Chiefs of Staff, will sustain more loss of lives than da would cost, what Haiti would cost, ‘‘I do not understand how you can have they did in the Persian Gulf war. Well, and they are off by a few billion and an exit strategy that is tied to time.’’ that was 390. had to come back for supplemental ap- I asked him, ‘‘How do you know what is I specifically asked the question, I propriations. going to happen 12 months from today? said, ‘‘Secretary of Defense Perry, let Mr. President, we are going to have Exit strategies are tied to events and us assume that all these experts are an opportunity to vote on three issues our success in the various efforts there, right and we are going to lose at least tomorrow. Two are resolutions without and whatever we are enduring.’’ 400 lives over there. Is the mission as the force of law; one has the force of He said, ‘‘No, it is going to go 12 you have described it, that is to con- law. I think the toughest vote will be months. On the 365th day they are com- tain a civil war and to protect integ- the vote on H.R. 2606. Those who really ing back.’’ rity of NATO, is that worth 400 Amer- feel so strongly that the American peo- That did not sound realistic, and I ican lives?’’ ple and Congress should have to give think a lot of people further down in He said, ‘‘Yes.’’ permission before the President sends the bureaucracy were trying to with- Secretary Christopher said yes. I say the mass deployment of troops into draw from that 12-month commitment, no. That is the defining issue here. We Bosnia, this is the opportunity for until a week ago today when they will have an opportunity to get people them to cast that vote. reaffirmed their commitment. General on record. I hope the Senators that are I had a phone call last week from Shalikashvili said, ‘‘It is inconceivable preparing to vote on these very signifi- Capt. Jim Smith, who I believe is from that we will be there after 12 months.’’ cant things understand the seriousness New Jersey. He is an American hero. Well, then the President, over the of it. He was a career military officer. He weekend, reaffirmed that. They are We have an opportunity to do some- lost his leg in Vietnam. He lost his son talking about an exit strategy of 12 thing to stop it. It is remote. As I said in Mogadishu. He said to me, ‘‘You months. What if we go over there and when I began a few minutes ago, maybe know, I had two letters from my son. we have something—which I do not we cannot pull it off. If we do, maybe The first one was concerning the rules think we have—but something that re- the President, in the case of H.R. 2606, of engagement that we were using in lates to our Nation’s security interests, which I strongly support, maybe he Somalia. They said we would have ro- or our vital interests, so we engage in would veto it or he would let it sit on bust rules of engagement,’’ and he combat. We go over there to do what- his desk until we have the troops over characterized those the same way that ever we are supposed to be doing there, there and then it is too late. Captain Smith today is characterizing to contain the civil war, to protect the As Senator KYL and others have said, the rules of engagement that we have. The last letter he got, his son made integrity of NATO, or whatever they we are in full support of our troops. That is, everyone in this Chamber is in the statement to his dad in this letter say is worth the cost of hundreds of support of our troops. The best way to right before he was one of the 18 Rang- American lives, at the end of the 12th support our troops is not send them ers who lost his life over in Somalia month, they are saying, no matter over there in the first place. Those who and his corpse was dragged through the what, we come home anyway. What if are over there, a handful, bring them streets of Mogadishu, and he said, we are almost there? No, we are going back. ‘‘Dad, over here we cannot tell the to come home. That is essentially what we are at- good guys from the bad guys.’’ I had occasion to talk to people who tempting to do with H.R. 2606. We are I suggest that is exactly the situa- are very familiar with the Bosnians, saying we will not appropriate the tion in Bosnia. I know people who are the former Yugoslavia, the various money to send the troops over unless trying to make that into something cults and ethnic groups and the rogue you come to Congress, present your that is really relating to our Nation’s elements that are up there, and they case to the American people, and sell security. I do not think we can tell the said one thing people do not under- your case. It is as simple as that. good guys from the bad guys. Take a stand in the United States is that those There is a defining vote. People who snapshot in the history of that area in people do not think like we do. Their vote against H.R. 2606 are saying ‘‘No, the last 500 years and one is that the conception of time is not what ours is. Mr. President, you go ahead. You don’t Serbs are the bad guys and the next is General Hoagland, who was the general have to come to Congress. We will go that the Croats are the bad guys. We from Norway, up in the Tuzla area ahead and appropriate the money. We saw what happened in the First World where we are talking about sending our are serving notice we will appropriate War; we saw what happened when Mar- troops—and we are as we speak—he the emergency supplemental.’’ shal Tito put together a coalition be- said 12 months is absurd; it is like put- The same thing with the Hutchison- cause he was in the unique position of ting your hand in water and leaving it Inhofe resolution. That is a defining being a Croat and yet was also a Com- there for 12 months, and when you pull vote. People are going to have to an- munist, so he was able to break away it out, nothing has changed, it is just swer to that in years to come—I am from Hitler’s operation where a lot of like it was. And then when I com- talking about U.S. Senators—as to the Croats went, and held this very mented to some of the soldiers up there whether or not they were supporting fragile country together against Hit- who are familiar with that area, I said, the troops being sent to Bosnia. We all ler’s onslaught on a ratio, for a 2-year- ‘‘What about the 12 months and being support the troops. period, of 1 to 8. What I am saying is, out in that time?’’ They said, ‘‘Are you Mr. President, this is probably the this hostile area we went into, he was sure you are not talking about 12 most significant vote—these two votes able to hold off the very best Hitler had years?’’ will be the most significant votes we to send in on a ratio of one soldier to So these are the unknowns that we will be voting on. I know a lot of peo- eight soldiers. Until you fly over 100 are dealing with. These are the rogue ple, the families of the thousands of feet off the ground and look down and elements. This is the hostility, and American troops that are going to be see the environment and the cliffs and these are the chances we are willing to sent over there. This is the most defin- the cave, you cannot really appreciate take. If you do not believe what I am ing vote. this. saying, Mr. President, I suggest that I could not find anyone yesterday in Unfortunately, the five people who you go back to that meeting of October the streets of Anadarko, OK, who are in charge, the architects of this 17, when we had Secretary Christopher, thought the mission as described to thing, the various Secretaries and the Secretary Perry both there at the them is worth the loss of one American President himself, none of them at the meeting. That was shortly after Gen. life, let alone 400 or 1,000 or whatever it time the decision was made had ever Michael Rose from Great Britain, who ends up being. I think the American been in that part of the world. It is un- was the commanding general in charge people are solidly behind our effort to derstandable why they might not un- of United States forces in Bosnia, cer- stop the deployment, even though it is derstand the serious danger that lurks tainly there was no greater authority almost too late now. up there for our troops. December 12, 1995 CONGRESSIONAL RECORD — SENATE S 18401 I stopped by the training area a few do for the troops is keep us out of this not to be particularly effective; not ef- weeks ago and talked to a lot of the fight over there that is not our civil fective at all, as a matter of fact. So troops. I went into the mess hall. I war, because we could very well have the Congress acted finally. The Con- have not been in a mess hall since I some causes that would come up where gress acted, and said we want to raise was in the U.S. Army, and I enjoyed we need to send troops. the arms embargo so we can provide an visiting with all of them. It was very We cannot be depleting our re- opportunity for the Moslems to defend difficult for me to answer the question sources. Certainly, people like Saddam themselves and create more of an even when they asked me: What is the mis- Hussein and others around the world field. So we did that. sion? What is so important over there? are looking at our weakened condition There was no support from the ad- I try my best because I am in full now and the fact we are further weak- ministration for doing that. However, support of the troops. I said, if you go ening our military assets by sending it did cause, I think, the administra- over there, you will have a mission. We them out on the humanitarian ges- tion to move. So, then they said to will have the American people behind tures. NATO, let us bring in some aircraft you. But I could not answer the ques- Mr. President, I suggest we will have strikes. We did that. It did not affect a tion about the mission. an opportunity tomorrow to cast three great deal but it did tend to even the I talked to one James Terry, a young votes. I think the votes, the right playing field. The Serbs had much of an man who would be in the first group. votes, are to vote against the resolu- advantage in heavy weapons. He may be over there now. He is prob- tion of support for the President and So the Moslems and Croats got to- ably part of the logistics team over vote for the resolution and the bill that gether, which tended also to make the there. When I came home, I talked to supports our troops and stops the de- playing field more even, which is really his mother, Estella Terry, in Okla- ployment of troops into Bosnia. I yield the basic reason the Serbs came to the homa, and I got to thinking that the the floor. table. So we said to the administra- test that Congressmen heavily used Mr. THOMAS. I rise to speak on the tion, What is our policy with regard to over in the other body was, what do issue that is before the Senate, that this? you tell—I guess it is called the moth- has been before the Senate for some ‘‘Well, we cannot talk about it now er’s test—what do you tell somebody time, and our decision with respect to because we are going to have a peace who has lost a son or a daughter or a our role in Bosnia. conference and we do not want to get husband or a wife? What can you tell This has been going on, of course, for ahead of that.’’ them they died for? This is the test a very long time, nearly 4 years, so we OK. Did that. that the President has failed to meet. have had a great deal of opportunity to Then there was a peace conference I am hoping that with the two oppor- think about it, consider what our role and for whatever sticktoitiveness there tunities that we have on voting in the should be, also what great opportuni- is, that one came out, initialed peace Hutchison-Inhofe resolution of opposi- ties and, of course, to watch what is conference in Dayton. tion to the deployment of troops and happening, watch the tragedy that has, We said, after the conference, What is H.R. 2606 to actually stop—this is the indeed, taken place. So we hear a great our position? What are we committed litmus test. We will stop the appropria- deal of conversation about our role in to? What can we do? How do we partici- tions so they cannot be sent there in keeping peace, our role in helping to pate as Congress? the first place, this mass deployment, provide freedom, our role in stopping You cannot really participate be- and bring those who are there back. the fighting. Everyone agrees. So the cause we have a peace conference and This is very, very significant and question is not whether you agree with we do not really want to talk about it. probably the most significant vote that being active in that effort, but how do Then the President goes off to Eu- we will vote on. There is a third vote, you best do it? The question is, how do rope, agrees to do the things he has and that is the vote that will come up we deal with the crisis that has been agreed to do, and of course they wel- tomorrow that is trying to be concilia- there? The question is, what is our role come it with open arms. Why would tory to the President’s plan. I have in this particular incident? they not? We are willing to do the looked at his plan. I think it is so What is our role, then, as a matter of heavy lifting. So, then the next thing flawed that it cannot be fixed. I do not policy, in other places where there are we know, the troops are there. think we can fix it. I plan to vote similar problems? What is our policy Now, the big movement of troops has against the resolution that would, for with respect to civil wars? Our policy not taken place, but American troops all practical purposes, approve what with respect to ethnic disturbances? Is are there now. So we had a hearing, not the President is doing. it going to be our policy to participate long ago, in the Foreign Affairs Com- Lastly, I will conclude by saying we in each of these, where we have troops mittee, and the Secretary of State was are behind the troops and the troops now in the Golan Heights, where we there, the Secretary of Defense, and are behind us. We are the ones—it says have troops in Algeria, where we have the Chairman of the Joint Chiefs. I to stand up here and say we support troops around the world, keeping the asked, ‘‘What, in your opinion, is the the troops. How can you say we support peace—or, in fact, creating peace? role of Congress in this matter of for- troops and send them into the environ- Where do we not have a policy of that eign policy and in this matter of troops ment I just described? I do not think kind? We asked that question to the to Bosnia?’’ we can do it, and I do not think people administration. Frankly, I did not get an answer. Fi- are supporting the troops when we do ‘‘Well, this is separate. We will make nally, the Secretary of State said, that. We have an opportunity, a last- each decision separately.’’ ‘‘Well, to provide the money.’’ ditch effort, and after that the oppor- I do not think that is the way it I think there is a larger role than tunity is behind us, and we will have to works. that. You can debate the Presidential start watching what is going on, giving Mr. President, the first concern I power, Commander in Chief, debate the full support. have had for some time is with the money—but there is a role in terms of If there is anyone here, Mr. Presi- process that has taken place here. The having support for what we are doing dent, who disagrees that the troops are process has been one that has, either and including the Congress; not coming behind what we are trying to do, I sug- by design or by accident, co-opted the up and telling them what we have al- gest you look at the veterans groups. A Congress almost entirely. It started 2 ready decided to do, but, rather, have a week ago we had a news conference. years ago. The President said, I think real role. Every veterans group I am aware of in almost offhandedly, ‘‘We will put 25,000 I was in Bosnia about 6 weeks ago, America was present. We had the troops in to help the United Nations along with several of my associates American Legion, the DAV. We had the pull out if need be.’’ There was no par- here. And we spent a day in Stuttgart veterans of the Korean war. We had the ticular reason for 25. It could have been with the Supreme Allied Commander. veterans of Vietnam. We had the Jew- 10. It could have been 40. But 25 it was. This was 6 weeks ago. I can tell you, in ish veterans. They were all there and So nothing happened, much, with that. terms of the administration, that deci- they all stood up and said, we are for And the United Nations continued, sion was already made. It was already the troops, and the best thing you can through their dual-key arrangement, made, what we were going to do. S 18402 CONGRESSIONAL RECORD — SENATE December 12, 1995 We asked. ‘‘We are impressed with we can continue to involve ourselves in his doing that an opportunity to ex- what you are doing, general, in terms the diplomacy. press our views. of training and preparation, but are I congratulate those who have done Of course President Clinton is tout- there alternatives?’’ that diplomacy. We can continue to ing support for his position from There were no alternatives. provide support. We can continue to former Presidents, including former I do not believe that. There are, in provide airlift. We can continue the President Bush. However, the Presi- fact, alternatives. work in NATO. We do not necessarily dent does not have support where it So, that is where we are. I happen to have to have 30,000 troops on the counts the most—and that is support oppose the idea of sending troops on ground there. It is a very tough area. from the American people. Even former the ground to Bosnia. The real, basic This idea that you go in and separate President Bush, in his qualified sup- question has never been satisfactorily them—this morning I sat in for a little port, stated, answered, as far as I am concerned. time on the civilian aspect of it. What I still have significant misgivings about Let me divert, to say I respect the do you do when you are there? There the mission itself, about exactly what our opinions of everyone who is involved are refugees, thousands of refugees, troops are expected to accomplish, and about here as being their basic gut-felt feel- when they can get out and come home. In my who will not be in the sector that they view, the answers on these points are less ing about it. But the real question, live in. And their property is gone. How than clear. what is our national interest, has never do you return that? How do you get a President Bush has expressed very really been answered. What is our posi- Croatian back into the Moslem area to well what a lot of Americans are think- tion? What is our policy? What will we reclaim his home? ing who tell us that they have ques- do in instances similar to this? Is this They say we are not going to do that. tions about this or that oppose it. It what we are going to do hence? So this morning they are saying we really is not clear-cut. For instance, So, until that question is answered, will have to do the policing; we will the President’s speech to the Nation really, all the stuff about how you have to train them on policing; we will and several subsequent speeches to dif- withdraw, how you are in harm’s way, have to arm the Moslems. There is ferent groups trying to sell this mis- how you enter, how you get out, how really a great deal more to this than sion has not won over the broad sup- many troops, are not really relevant if separating those two areas and sepa- port that a President ought to have you have not established the idea that rating the zone, and we are obviously when American lives are being put in it is in our national interest to be going to end up doing it. jeopardy. there. The price now talked about is $1.5 Unlike some of my colleagues, as So, I think that question has never billion, plus another $600 million for well as the President, I believe Con- been resolved. There are many argu- nation building. If you would like to gress does have a leadership role in au- ments. One is to stop the genocide. Of bet, it will be at least twice that. Of thorizing a military deployment that course we want to do that. As a matter course it will. Of course it will. So we involves a large contingency, and a of fact, it was my strong feeling when ought to really talk about the incre- long period of operation. This certainly we were in Sarajevo, when we were in mental costs and what that is. is not a Grenada or Panama-type of op- Croatia, that folks are anxious to stop. But more importantly, Mr. Presi- eration that lasts a few days or weeks. They are tired of fighting. You can dent, and I conclude, what is our role? As a matter of fact, we know this imagine that. You can imagine that. What is our role in the world? How do Bosnia operation will last at least a And if there is real dedication to the we do this in terms of troops on the year, and in reality probably multiple peace agreement, it is hard to imagine ground throughout the world? What is years. Last weekend, the President that we need 80,000 or 90,000 troops on the division of understanding here as stated that we would be in Bosnia the ground from other places to cause to what the role of the Congress is? ‘‘about a year.’’ Of course, this Presi- this to happen. I think most of us are very close to dent is not know for his accurate state- Is this the only alternative? I do not the people we represent. I can tell you ments. This begs the question of what think so. They continue to say nothing that in our response in Wyoming, I is our exit strategy? Well, the only would happen if the U.S. does not take think we have had two calls out of hun- strategy we have is that we will leave leadership. We were also in Brussels, in dreds that favor the administration’s whenever the President decides to Belgium, with NATO, and all 16 of the position, which does not make it right leave, which is hardly a strategy at all. Ambassadors from the NATO countries or wrong, but it is an indication of how We also do not know the cost of the stood up and said, ‘‘Gosh, we just do people feel. mission. I have seen Pentagon esti- not think we can do it without the So, Mr. President, I hope we come to mates of around $2 billion. Other esti- Americans providing the majority—a the snubbing post, and decide what our mates double that price. And, even this third of the troops, the basic payments, role is. In my view, that role is not princely sum amounts for only the 1 the heavy lifting to get there.’’ 30,000 troops on the ground. year we will supposedly be there. Of course they could do it. Of course Mr. President, I yield the floor. Even the troop numbers have been we can continue to participate in Mr. GRASSLEY addressed the Chair. misleading. All we hear the adminis- NATO. This was not really the mission The PRESIDING OFFICER. The Sen- tration talk about is the 20,000 troops of NATO originally. NATO is sort of ator from Iowa. on the ground. looking for a mission and they are ex- Mr. GRASSLEY. Mr. President, I Obviously, there are going to be cited about the opportunity, generally, want to take this opportunity, as all of many more troops involved even if of doing this. my colleagues are doing the rest of the they are not there right on the ground. We hear that Bosnia is the heart of day and tomorrow, to comment on this Of course this does not include the 14 Europe and the conflict may spread. It very important issue of sending troops to 20,000 additional support troops that could, of course. Four years—4 years, to Bosnia and, of course, on the specific will be required. So, we are really talk- during the height of the fighting, it has resolution before us. ing about closer to 40,000 troops, which not spread. Bosnia is hardly the heart Given the President’s obvious inten- is a sizeable number of Americans the of Europe. Bosnia is the edge of Europe tion to move ahead regardless of what- administration is putting at risk. and, as a matter of fact, the strife that ever we decide to do in Congress, I am And what are some of these risks? has taken place there has taken place, not sure what the effect, or even the Well, beyond the obvious ones involved historically, because someone else has need, is for the resolution before us be- with getting stuck in the middle of come there. cause it seems to me that the train has warring sides that have hated each So, Mr. President, this is a tough left the station. other for centuries, we know that up to issue. We are going to have a chance, Of course, we all have a constitu- 6 million landmines are in the area, but finally, to vote on it, as belated as that tional responsibility to let our views be we only know where 1 million of them may be. And, as my friend from Okla- known. We have a responsibility to are. Major minefields are in or around homa said, there will be a number of vote on these issues, and even though the area of tuzla, where American alternatives and we will have to make the President is moving forward it troops are to be stationed. That is a that tough choice. But it is my belief gives some of those of us who object to fact. December 12, 1995 CONGRESSIONAL RECORD — SENATE S 18403 Also, hundreds, and possibly thou- So, Mr. President, the bottom line, as last Saturday night at midnight at sands, of Islamic mercenaries who have far as I am concerned, is there are a Killeen, TX, at Fort Hood, as the been helping the Bosnians, and are number of unanswered questions and a troops were getting ready to go to the bankrolled by Iran and others, could lot of questionable assertions made by airplanes to take off for Bosnia. I told now pose terrorist threats to our President Clinton that simply do not them that I believe—and I know it is troops. add up to common sense. And, there- true, it is a fact—that 100 percent of Let me say that troops generally who fore, I cannot in good conscience sup- the Senate is going to support the are peacekeepers are in danger in a sit- port President Clinton’s decision to de- troops. uation like this, but especially I be- ploy troops to Bosnia. Now, we are going to disagree on the lieve American troops are a special I thank you. I yield the floor. policy, but we are not going to disagree lightning rod that terrorists would love Mrs. HUTCHISON addressed the that we support the troops, and they to hit as opposed to maybe troops from Chair. are going to have everything they need other nations. The PRESIDING OFFICER. The Sen- for their security if they are deployed There is supposed to be an agreement ator from Texas. in this mission. They will have the from the Bosnians to remove these Mrs. HUTCHISON. Mr. President, I equipment. They will have the weap- mercenaries, but will they be removed? rise to support the Hutchison-Inhofe ons. They will have the shelter. They But even with the best of intentions, resolution. The Hutchison-Inhofe reso- will have the electric socks if they that will not happen in less than a lution is very simple. It has two parts. need them. They will have the train- The first part says Congress opposes month. ing. And most important, they will President Clinton’s decision to deploy In addition, there are those that have the spirit. They will have the United States military ground forces want to train and arm the Bosnians be- spirit of knowing that the American into the Republic of Bosnia- fore we do anything. What kind of a Herzegovina to implement the general people may disagree with the fact that message does this send to the other framework agreement for peace in they are going, but they support the side? troops 100 percent because they are giv- Up to now, I have joined most of my Bosnia-Herzegovina and to its associ- ated annexes. ing their time and they are putting colleagues in providing support for the Section 2 says: their lives on the line for our country. Bosnian Moslems by reducing, or elimi- The Congress strongly supports the United We are the greatest country in the nating, the embargo of arms there. But States military personnel who may be or- world, and we appreciate every single now we are supposed to be an honest dered by the President to implement the one of them. broker, or at least an objective medi- general agreement for peace in Bosnia and I visited with some pregnant wives. I ator, once the peace agreement is offi- Herzegovina and its associated annexes. visited with some new wives, two-day- cially signed. So I just do not see how That is it, Mr. President. It is very old wives. I visited with parents who we can be an objective referee when we simple and very clear. I wish to state had come in from all over the country are arming and training one side of the from the beginning a few parameters to say an early goodbye to their loved conflict. around the debate that I am getting ones, men and women who were getting Then we hear the disturbing argu- ready to make. First, I think there is ready to take off. They knew I did not ment that we have to vote for this res- no politics in the debate on this issue. want them to go, but they knew I was olution in order to support our troops. I truly believe that every Senator is going to do everything in my power to Well, of course, this argument has ab- making a vote of conscience. It is a bring them home safely. solutely no merit. We all strongly sup- tough decision. It is not easy for any- It gives me the greatest feeling in the port our troops, and regardless of the one. And I do not think anyone’s integ- world to visit with our troops. There is outcome of this vote, we will do that rity can be impugned by saying there is nothing more wonderful than an Amer- just as we all did after the very crucial some political reason for how that per- ican in service to his or her country. debate and vote on going to the Per- son decides to vote. In fact, as you They have the most wonderful atti- sian Gulf war even though there was a know, anytime you are sponsoring a tude—positive thinking. They are well great deal of disagreement on the send- resolution or an amendment in this trained. They are professionals. They ing of those troops at that time. body, if you care about it, you ask peo- are ready to go when the Commander I was one of only two Republican ple for their votes. You try to talk in Chief gives them the call. Senators to oppose the Persian Gulf them into voting for your issue, espe- So now we must decide if we are resolution, and this administration has cially if it is something that affects going to support what we consider to provided even less of a need to deploy your State. be a bad decision. I think it is a legiti- troops in Bosnia, notwithstanding the I have not asked anyone for a vote on mate question to ask, why oppose now; fact that this is supposed to be only a this issue. I would not feel right asking the troops are on the way. I am oppos- peacekeeping mission. someone to vote against his or her con- ing now for three reasons. I am oppos- The administration argues that science on something that important. ing because I disagree with this policy, NATO and our leadership of NATO is So this is not a matter where you work and I wish to discourage future such on the line. This just is not convincing the floor to try to get support for what missions. I disagree with this policy, to the American people, because none you are doing. What you do is take a and I believe it is my constitutional re- of our NATO allies—nor is the United position and say this is the way I think sponsibility not to rubberstamp it. I States—under any kind of national we should go, and everyone who agrees disagree with this policy, and I hope to threat as defined by the NATO treaty with you will be on that resolution. give the President every opportunity of 50 years now. Our European allies And in fact the Hutchison-Inhofe reso- to back away from this decision—the should be taking a lead in this matter lution has 28 cosponsors. I do not know basic tenets of the peace treaty are not and sharing more of the financial bur- how many votes we will get for the rea- in place—before he does the mass de- den. And, yes, the United States sons that I have stated. I just have not ployment. should—and can and will —provide sup- asked. If the Serbs in Sarajevo continue to port for their effort, including air and Mr. President, I would like to say I burn the American flag, if they are not naval assistance. respect the President. I think he committed in body and mind to this Finally, what some are now saying is thinks he is doing the right thing. I peace agreement, I hope the President that the vote on this resolution boils think he did a good job of bringing peo- will say, ‘‘No. No, we are not going to down to helping a President keep his ple to the peace table to talk. I dis- deploy American troops if the peace commitments. As a Senator, I have my agree with his decision to deploy Amer- treaty is not intact.’’ own constitutional responsibilities, ican troops on the ground in Bosnia, That is why I am putting this resolu- and those responsibilities do not in- but I certainly respect the office and I tion in with 27 of my colleagues, to clude helping a President keep a com- think he believes he is doing what is make sure that the President has every mitment that many, if not a majority, right. opportunity to say there is disagree- of the people do not believe should I wish to make the point—and it is ment in Congress on this issue, and I have been made in the first place. what I said to the troops I met with am not going to send the troops into S 18404 CONGRESSIONAL RECORD — SENATE December 12, 1995 harm’s way if a peace agreement is not responsibility as a Member of Congress system ‘‘will not hurry us into war.’’ intact. And if they are burning the that was given to me in the Constitu- He said, ‘‘It is calculated to guard American flag, the peace agreement is tion of this country. I want to talk against it. It will not be in the power of not intact. about that because that is a disagree- a single man, or a single body of men, So let me take each one of my rea- ment on this floor. It is not partisan. to involve us in such distress.’’ He was sons and flush them out a little bit. But many people believe that Congress very clear, as were the others who have I disagree with the policy, and I wish really does not have a role in this, that spoken on this issue. to discourage future missions. I do not the President has the right to do what They did not want the President to want this to be a precedent for the fu- he is doing. be able to send our troops into dis- ture. The President has said NATO will The President does indeed have the tressed situations without consulting fall if we do not do this. I disagree with right to command our forces. He is the with Congress. They wanted it to be that. I think NATO has a place in the Commander in Chief, and he has the hard. They wanted it to be muddy. post-cold-war era. But NATO was put right to act in an emergency because That is why they put both people in together as a mutual defense pact when Congress gave him that right in the charge, the President and the Congress, there was a big-time aggressor, the War Powers Act. We did not want him and they wanted them to work to- U.S.S.R. There is no big time aggres- to be hamstrung. We did not want him gether so it would be difficult. sor, so we must look at our responsibil- not to be able to send troops in if Louis Fisher, who wrote an article ity under the NATO treaty. We must American lives were at stake, and if he with some of the quotes that I have look at the role of NATO in the world did not have time to come to Congress. just given you, is a professor and an we live in today, not the world we lived But, Mr. President, sending our author. He has written the book ‘‘Pres- in in 1945. And we need to say, what is troops into Haiti for 1 year without idential War Power.’’ He says: the role? We need to debate it, if we are ever asking Congress’ permission, or It might be argued that ‘‘war power’’ is not going to expand it, and we need for even asking their opinion, is wrong. involved because Mr. Clinton will use Amer- Congress to approve it, if we are going That is a violation of the Constitution. ican forces for peace, not war. ‘‘America’s to have a new treaty with NATO. And And we are getting ready to do it again role will not be about fighting a war,’’ he we must do this thinking ahead, not by on Bosnia. said. He said he refused ‘‘to send American moving crisis to crisis, not by going to I have the Federalist Papers right troops to fight a war in Bosnia,’’ and ‘‘I be- Somalia and saying we are going to try here. The Federalist Papers, of course, lieve we must help to secure the Bosnian peace.’’ to capture a warlord, and then when we were written by three people who were lose 18 rangers walk away, not by going crucial in the decisionmaking in writ- Mr. Fisher says, ‘‘Mr. Clinton has al- into Haiti without the approval of Con- ing our Constitution. In Federalist ready authorized air strikes against gress and $1 billion and 1 year later Paper No. 69, written by Alexander the Serbs.’’ He now intends to send seeing the same problems arising in Hamilton, he discusses the role of the ground troops. By making an over- Haiti that they had before we landed. President as Commander in Chief, and whelming show of force, he says, And now we have Bosnia, a civil war in he is comparing it to the role of the ‘‘American troops will lessen the need a non-NATO country, and we are told King of England, which, of course, we to use force.’’ Note the word lessen. NATO is going to fall if we are not had just left and tried to make a better Anyone who takes on our troops, he there in a non-NATO country, in a civil country because many people were dis- says, ‘‘will suffer the consequences.’’ war. satisfied with a monarchy. So here is Mr. President, if that is not the Mr. President, that does not pass the what Alexander Hamilton said about equivalent of what would be considered commonsense test. We should have a the war powers of the President. war when the Constitution was writ- strong NATO. To do that, we must de- The President will have only the occa- ten, what could be more clear? termine what NATO’s role is in the fu- sional command of such part of the militia of Mr. Fisher goes on to say: ture, and we must not act crisis to cri- the nation as by legislative provision may be Whenever the President acts unilaterally sis and send our kids into harm’s way called into the actual service of the Union. in using military force against another na- for a false reason. We could dissipate The king of Great Britain and the governor tion, the constitutional rights of Congress of New York at the time have at all times and the people are undermined. our strength if we bounce from one the entire command— civil war to another across the globe I agree with Mr. Fisher: We are not Not part— because we do not have infinite re- upholding our part in the Constitution . . . of all the militia within their several if we let this pass. sources. jurisdictions. In this article, therefore, the We have finite resources, Mr. Presi- The third area of disagreement that power of the President would be inferior to is very important for why I continue to dent, and we have spent $1 billion in that of either the monarch or the governor. Somalia. We are going to spend $3 to $5 Second, the President is to be commander- oppose this deployment is because I billion in Bosnia. What are we going to in-chief of the army and navy of the United want to narrow the mission. I want do when we are really needed in a crisis States. In this respect his authority would there to be a time limit. The War Pow- that does threaten U.S. security? be nominally the same with that of the king ers Act is supposed to give emergency What if North Korea, with nuclear of Great Britain, but in substance much infe- capabilities to the President to go in capabilities, erupts? What if Saddam rior to it. It would amount to nothing more when he cannot come to Congress. This Hussein decides to take another than the supreme command and direction of President is asking for a year. That is the military and naval forces, as first gen- not an emergency. We have been look- march? Are we going to have the re- eral and admiral of the Confederacy; while sources if we have spent $3 to $5 billion that of the British king extends to the de- ing at this situation for 3 years. in a civil war when we could have spent claring of war and to the raising and regulat- We have asked the President to lift less helping the people of Bosnia re- ing of fleets and armies— the arms embargo. He has refused to do build their country, which we want to I move to No. 74 by Alexander Hamil- it, and now we are put in the position do? ton, where he says: of knowing that if there is going to be Mr. President, we have not thought Of all the cares or concerns of government, any kind of cease-fire that will last in this through, and one of the reasons it the direction of war most peculiarly de- that part of the world, it has to be has not been thought through is be- mands those qualities which distinguish the when there is parity among the three cause Congress was not consulted. exercise of power by a single hand. warring factions. We wanted to lift the Which brings me, Mr. President, to my Mr. President, he was speaking to us. arms embargo so that parity would be second reason for continuing to oppose He was saying, do not have one person there now. The President said no. In ef- the President’s decision, and that is able to declare the war and to run the fect, the President did lift the arms the role of Congress in the declaration war. And James Madison said exactly embargo, but he made us the ones who of war, or sending our troops into hos- the same thing: Those who were to used the arms when we started bomb- tilities, which are the equivalent of ‘‘conduct a war’’ could not be safe ing the Serbs. war under the Constitution. judges on whether to start one. So I want to narrow the mission, and I do not like to oppose the President James Wilson, a delegate from Penn- I want there to be a time limit so that on a foreign policy issue, but I have a sylvania, said the checks-and-balances the expectations will not be there any December 12, 1995 CONGRESSIONAL RECORD — SENATE S 18405 further than 1 year. It is the expecta- the line. I want the President to recon- I speak for all the people here, I be- tions that got us into this mess be- sider his decision, and I hope that he lieve, when we say that while we view cause the President, without consult- will. the Bosnians in this struggle as the ing with Congress, went forward and Thank you, Mr. President. victims—and in many ways they have said, oh, yes, we will put troops on the Mr. BROWN addressed the Chair. been—all sides have committed atroc- ground, when he had so many other op- The PRESIDING OFFICER (Mr. ities in this confrontation and, frankly, tions. And troops on the ground should THOMAS). The Senator from Colorado. we expect the Bosnians, as well as the have been the last. Instead, they were PRIVILEGE OF THE FLOOR others, to break the peace agreement.’’ the first. Mr. BROWN. Mr. President, I ask Mr. President, it would be a tragic So then people come and say, well, unanimous consent that Michael mistake for Americans to go into this the only way you can show your com- Montelongo, a fellow in Senator conflict without understanding that mitment to peace in the Balkans is HUTCHISON’s office, be granted floor this peace agreement is not going to troops on the ground. When, in fact, privileges during the consideration of last. there are many ways that we could the resolution on Bosnia. Fourth, Mr. President, we now have have shown our commitment to peace The PRESIDING OFFICER. Without an estimate from the administration in the Balkans that would have been objection, it is so ordered. that the cost of this adventure will be much more effective than American Mr. BROWN. Mr. President, I rise in at least $2 billion. Frankly, Mr. Presi- troops on the ground because now the support of the Hutchison motion. I dent, there no presentation of how you President says we cannot arm and want to share with the Senate the con- are going to pay for it. At a time when train the Moslems because we are on cerns that I bring to a deployment of we are struggling to bring the deficit the ground precisely. We should have combat troops into Bosnia. Mr. Presi- under control, we now have a proposal said we would arm and train the Mos- dent, I would, first, like to start with to spend $2 billion over the budget. Mr. lems and not put troops on the ground some things I think Members will President, I must tell you, it is my own so we would not be taking sides at the agree on—at least I think they are estimate that the cost of this will be time that we were trying to bring par- facts that would be acknowledged by much higher than $2 billion. If there ity into the region. And we must have both sides in this debate. are Members who disagree and would parity in the region if, when we leave, First, the confrontation that we now like to place a friendly wager on that, there is going to be any equity in the enter by sending troops into what was I welcome them. If anybody seriously region. the old Yugoslavia is a confrontation believes that $1.5 to $2 billion is all this So, Mr. President, many of my col- that is not new. It is a conflict that is will cost the American people, I hope leagues want to speak on this very im- at least 500 years old and, in some re- they will come forward and say it, and portant issue. I will just close with the spects, goes back 800 years. For those I hope they will back their belief with last reason that I am going to oppose who have talked to the participants, a wager as well. My own belief is that the President’s decision, and that is whether Croatian, Bosnian, or Serbian, this will run much higher and could the Larry Joyce test. One day when I they well know that those people not well run $5 billion or more. The reality is that we are sending was on the plane going back to Dallas only are aware of that conflict, but combat troops into an area where we from Washington, DC, a man walked up they can recite to you the names and do not have barracks, or quarters, or to me and said, ‘‘Hi, Senator. I’m one dates of the battles, going back hun- adequate roads to get them there, or of your constituents. My name is Larry dreds and hundreds of years. In many adequate equipment, and they do not Joyce.’’ And I said, as I normally would cases, they remember battles that go have water or essential utilities. The to someone like that, ‘‘Well, hi, Larry. back before the founding of our own reality is that the cost of this project Nation. This is not a new conflict. It is How are you doing? What were you will be much higher. a conflict that predates even the dis- doing in Washington?’’ And he said, ‘‘I Fifth, I think most Members would was burying my son in Arlington Na- covery of America. agree that the terrain where American Second, Mr. President, I think it tional Cemetery.’’ And I said, ‘‘Did he troops will be stationed, around the should be noted that what we enter die in Somalia?’’ And he said, ‘‘Yes, he Tuzla area, is ideal for guerrilla war- into is a civil war. We enter into a con- did.’’ fare. Americans ought to understand flict between the Croatians, the Serbs, And as tears streamed down his face, guerrilla warfare. Perhaps we were one he said, ‘‘Senator, I went to Vietnam and the Bosnians, and potentially of the earliest ones who started it in twice. I am a military man. And now other parties as well. But this is dif- our combat with the British. We did my only son, on his very first mission ferent than an effort by Germany to not put on uniforms. We tended to as a Ranger, is not coming home. Sen- conquer the world. It is different than stand behind trees and shoot at the ator, I would just like to know why.’’ an effort by the Nazis to impose their British, and it worked pretty well. The I did not feel good about an answer to will upon the people of the world. It is reality is that we did not fight by the Larry Joyce because I do not think our different than the efforts of the former rules the British thought we should troops should have been doing what Soviet Union to spread its influence fight by in the Revolutionary War. they were doing in Somalia. Now, his and control over the world. This is not Anybody who thinks the Bosnians, son did not die in vain because he was an invasion of a country, this is a civil Serbs, or Croats are going to fight by doing what he had signed up to do, and war. I think all Members will agree our rules in Bosnia is dreaming. he was doing it with honor, and he was that that is a fair and accurate summa- Mr. President, let me summarize, be- a great kid, Casey Joyce, just the kind rization of the conflict we enter. cause I hope all Americans will be of young man or the kind of young Third, Mr. President, I think Mem- aware of these five factors when they woman that I see as I visit our bases bers would be remiss if they did not go into it. One, this conflict is over 500 across the country. But I said that honestly note that the members of this years old. Second, we are interfering in night I would never vote to send our conflict, the parties to this conflict, a civil war—not an invasion, but a civil troops into harm’s way if I could not have not had a record of honoring war between the parties that have oc- give the mother or father a good an- peace agreements. For over 500 years, cupied that country. swer about why. this conflict has waged, and people Three, the parties involved have a Mr. President, sending our troops have talked about peace, a truce. For history, a continuous history, of not into Bosnia under these circumstances over 500 years, consistently, the peace honoring the peace agreements that is not meeting the test. Mr. President, agreements have been ignored. they enter into. For us to assume that I am urging the President of the United When I talked to our troops in Sara- the winter period when they tradition- States to reconsider his decision, to jevo over Thanksgiving, one of the ally have truces is going to be a perma- make sure that he is sure, before he de- things that our troops told me—there nent peace is naive, perhaps beyond de- ploys American troops, that it is a U.S. was a gathering at the Embassy of the scription. security interest—not just an interest, enlisted men of the contingent who Four, the cost of this to the Amer- which we certainly have and which we have been in Sarajevo for some time. ican people will be at least $2 billion can fulfill without American lives on One of them paused and said, ‘‘I think and perhaps more. S 18406 CONGRESSIONAL RECORD — SENATE December 12, 1995 Five, the terrain is ideal for guerrilla harm’s way, before we risk their very to commit themselves to win. Now, not warfare. Mr. President, specifically, lives, we ought to have a clear, achiev- many of us realized that was the case. what that means is the terrain is very able, military mission that is accom- If you told the people that served in rugged and very rough. It means that plishable. Vietnam their political leaders were the area is heavily wooded, forest. In I hope Members will ask themselves not willing to stand up to win the military terms, it means our advan- if they really think this is a clear, cause they were asked to give their life tages which are in air power and ar- achievable, military mission that can for, they would not have believed you. mored personnel carriers and tanks, be accomplished? Listen to what they Who would have believed you? How will be minimized. The roads are ex- are saying. The first task is to mark could you ask people to give their lives tremely narrow and there are over 3 the border, the area of confrontation, when their political leaders did not be- million mines stated to be in the Amer- and secure people moving back 2 kilo- lieve in the cause? That is what this ican sector. Who in the world came up meters on either side. But that border country did. with the idea of deploying U.S. troops is not meant to close off traffic across Mr. President, it is my belief that the in that kind of conflict? it. How do you ensure people will not American people when it was over Mr. President, this is goofy. We are get within the 2 kilometers of the bor- vowed that would never happen again. standing here and debating this ques- der when you have an established pol- If the cause was important enough to tion as if it were a real question. This icy that allows people to move through ask people to sacrifice their lives, it is is not a real question. This is a goofy the border all of the time? important enough for us to try to win. proposal—send American troops to Mr. President, that is double-talk. If Our mistakes did not end there. stand in between warring factions that you are going to have a border, and if President Reagan deployed troops have been at war for 500 years and you are going to have people kept away into Lebanon. We were so concerned never honor a peace agreement, under from it on 2 kilometers on either side, about PR that the guards at the gate circumstances where we do not have and if you are going to have a policy at were not even given the bullets for the advantages that our technology the same time that says people can go their guns. Let me repeat that because provides, and stand in between them as back and forth at will, how in the I think most Americans will find it they shoot at each other? That is not a world do you make that policy stick? hard to believe. We had a barracks full realistic proposal. That is just plain You cannot. It is unrealistic and unde- of Marines, and the guards at the gate goofy. fined right from the start. were not given bullets for their guns Mr. President, I think every Amer- Who do you stop? Who do you stop? because we were afraid of an incident. ican and perhaps every Member of this Do you search everybody? It is not Instead of suffering bad publicity for body has to answer a question before clear. an incident we were willing to sacrifice they vote on this issue. The question is To call in a clear military mission is the safety of troops. basically this: Under what cir- to play games with words as well as That is what happened. A terrorist cumstances do you send American sol- play games with the lives of our troops. truck drove through the gate because diers into combat? We have never had a Ultimately, Mr. President, I believe the guards did not have bullets to stop unanimous feeling on that in this coun- it comes down to this: Are you willing him and killed over 250 Americans, or try. to send American troops overseas and close to 250 Americans. For what? For Perhaps defending our own shores, risk their lives for an ill-defined mis- what? Tell me what they gave their though, has garnered the strongest sup- sion that interferes in the middle of a lives for. port of any measure. Americans have civil war? Are you willing to face their We made a political commitment been willing to shed their blood to de- parents, tell them why their son or that sounded good but we would not fend the shores of our country. We have daughter gave their life? stand behind it. It seems to me before been willing to shed our blood to de- Are memories so short that Members we make a political commitment, be- fend freedom around the world, wheth- have forgotten what happened in Viet- fore we send U.S. troops, we better er it was in World War I or World War nam? Does no one remember that we have a good reason for doing it, and it II or perhaps even Korea. sent hundreds of thousands of Amer- ought to be important enough for us to We have never shrunk from defending ican volunteers to Vietnam, as well as stand behind the people who put the freedom around the world. First, draftees, and asked them to put their uniform of this country on. through alliances, for we had an obliga- lives on the line, and our political lead- Does anybody believe that we will tion; second, for a country where we ers were not willing to take the risk of not stand behind the troops that we did not have a formal alliance but we making a commitment? I do not know send to Bosnia? Come on, now. Yes, saw freedom was at stake that could of any American that is proud of that this will generate press. Yes, there will ultimately affect the ability of Ameri- fact but it is the truth. Over 50,000 be a lot of attention. Does anybody cans to obtain their freedom; we have Americans lost their lives in Vietnam, really believe we will not stand behind had times where we have been willing and for what? those young men and women who go to shed blood to deter aggression. We Mr. President, I volunteered to serve over? Does anybody believe the cause defended our shores in the Revolution- in Vietnam and I did because I believed of interfering in a civil war is impor- ary War. We defended our freedom in it. I believed we were there to defend tant enough to lose their lives? through alliances in World War II. We freedom worldwide, and whether it was Somalia should come to mind to defended our freedom overseas in the face of a Vietnamese or the face of some. President Bush deployed the Korea. We defended countries from ag- a European-American, blood could be troops. President Clinton expanded the gression in the gulf war. proudly spilled to save their freedom. mission. And when the commander of Mr. President, where have we come Mr. President, our political leaders the troops asked for equipment to do up with the idea that we would inter- did not believe that. Our political lead- their jobs, to protect the troops, the fere in a civil war? That is without ers asked people to give their blood but Secretary of Defense—because the deci- precedence. Deploying American were not willing to take a chance and sion went all the way up to the Sec- Forces overseas to interfere in the mid- make a clear stand. They were not retary of Defense—turned them down. dle of a civil war, this takes it to a new willing to establish a clear military He refused to allow them to have ar- height. mission. mored personnel carriers which had Mr. President, the mistakes we made Mr. President, this is not a PR game. been specifically requested. Why? We in the past, and Americans have made The risks are not good press or bad asked the Armed Services Committee mistakes in the past, have led to some press. The risks are American lives. to ask the Secretary that question. Be- guidelines. The Weinberger guidelines The risk is parents losing their child. fore he gave the answer, he left office. came out after Lebanon and after Viet- The risk is a spilling of blood and not But the truth is, the military estab- nam. There were a number of factors standing for a cause. lishment of this country made a deci- but the most significant one was this: We made a mistake in Vietnam be- sion to not supply the equipment that Before we deploy American troops cause our leaders risked American was needed to save those boys’ lives be- overseas, before we put their lives in lives for a cause they were not willing cause they were afraid it would send December 12, 1995 CONGRESSIONAL RECORD — SENATE S 18407 the wrong public relations signal. That died, but at least we gave them a to a joint session of Congress, but also was the word that came out: We did chance.’’ Would it not be fair and rea- as our guest this evening in the Senate. not want to send the wrong signal. sonable to ask, ‘‘Was it a good idea? It is an honor to have him in the Sen- Public relations was apparently more Did it have reasonable prospects to ate. important than the lives of the Amer- succeed? Did you do everything you f ican servicemen that were on the line. could to protect them?’’ THE BOSNIA ISSUE In case anyone has forgotten, that Mr. President, what we are faced helicopter went down and they de- with is a decision that degrades the Mr. NICKLES. Mr. President, I wish fended themselves from attack and value of American servicemen and to speak in opposition to the Presi- they called for reinforcements. And re- servicewomen. It says that their blood dent’s decision to deploy ground troops inforcements tried to come from the can be shed on a whim; that they are and ground forces in Bosnia. I first would like to compliment Sen- airport compound but they did not pawns in a chess game; that their lives ator HUTCHISON, Senator INHOFE, Sen- have armored personnel carriers. And are not important enough for us to ator BROWN, and Senator THOMAS as when people shot at them from both take seriously. well for outstanding speeches. Some of sides they pinned down the reinforce- I believe every person who puts on a the best speeches that have been made ments, they could not get through to uniform has an obligation to this coun- in the Senate have been made this help them. American forces held out as try, and the obligation goes to laying evening. Senator BROWN just concluded long as they could and, when their am- down their very lives. But I think it is with a very moving speech detailing munition ran out, when their ammuni- wrong for us to think that obligation his opposition to the President’s move. tion ran out the Somalis came and runs in only one direction. I agree wholeheartedly with their com- hacked them to pieces. And the ar- This country has an obligation to ments. mored personnel carriers that they re- those who serve it as well, and that ob- I also will make a comment. I have quested and had been turned down by ligation is to make sure we never put been to Yugoslavia with Senator DOLE. the Secretary of Defense for PR rea- them in harm’s way unless it is on a Some people are saying these resolu- sons, could have saved their lives. clear, achievable, military mission, one tions are in opposition to each other. I We are not playing games. This is not that we are committed to win. Then I would take issue with that fact. One of a PR move. These are real troops and think we have the right to ask every- the resolutions we are going to be vot- real bullets in a real civil war. We are thing in the world from them, every- ing on that I had something to do with, risking American lives. For what? Be- thing they can give, because the exist- or was involved with, said that we cause you are going to end a 500-year- ence of freedom in this world depends state our opposition to the President’s old conflict? Do not be silly. on them. What we see is an effort to decision to deploy ground troops in Because these people, with American cheapen the value of the lives of young Bosnia—very clear, very plain, very troops’ presence, will suddenly honor Americans who are willing to serve simple. We think the President is mak- their peace commitments that they this country. I, for one, will not vote to ing a mistake, and we want to be on have never honored in 500 years? Some- authorize it. record of it. body would like to sell you some land Several Senators addressed the Mr. President, I will go further. I in Florida, if you really believe that. Chair. wish that we would have had a similar The truth is, I do not believe we have The PRESIDING OFFICER. The Sen- resolution when the President made placed a high enough value on the lives ator from North Carolina. the decision to deploy our Armed of the Americans who serve our coun- f Forces into Haiti. I think he made a try in uniform. The question is not mistake. I have heard others in the ad- whether or not they should ever risk VISIT TO THE SENATE BY ISRAELI ministration say that was a success, their lives. No one should go in the PRIME MINISTER SHIMON PERES and maybe that is the way they would military not knowing they do that. Mr. HELMS. Mr. President, I have define success. But I thought it was a Americans are willing to risk their the honor, along with Senator PELL mistake to have the invasion and occu- lives and we are willing to shed our from the Foreign Relations Commit- pation of Haiti. blood for freedom around the world, tee, of presenting the new Prime Min- I wish that we would have had a and we have done it more effectively ister from Israel, Shimon Peres. chance to debate that and that we and more efficiently than any people in I ask unanimous consent the Senate would have had a sensible debate on it. modern history. But the line is drawn stand in recess for 6 minutes. We did not have that. when you ask Americans to give their The PRESIDING OFFICER. Without So I am pleased that we are going to lives for nothing. I believe that is mor- objection, it is so ordered. have debate on these two resolutions ally wrong. I believe it is morally today and tomorrow. Some of my col- wrong, to have Americans give their RECESS leagues said, ‘‘Well, we wish we could lives in Somalia when you do not have Thereupon, at 5:45 p.m., the Senate have had more extensive debate.’’ I a clear military mission and you will recessed until 5:52 p.m.; whereupon, the would agree with that. But the Presi- not stand behind them. Senate reassembled when called to dent is going to Paris tomorrow It is not wrong to ask them to give order by the Presiding Officer (Mr. evening to sign an accord on Thursday, their lives and shed their blood. It is GRAMS). and not only will the Senate be taking wrong to ask them to do it for nothing, Mr. NICKLES addressed the Chair. this up but the House will be. So it is and that is what we did in Somalia. It The PRESIDING OFFICER. The Sen- important for us to take it up today is wrong to ask them to do it for noth- ator from Oklahoma. and dispose of these two resolutions— ing in Lebanon, which is precisely what f maybe three resolutions—by tomorrow. happened. It is wrong to ask them to Also, Mr. President, I want to make do it for nothing in Vietnam, when our THE VISIT OF PRIME MINISTER just a couple of comments on how we very leaders would not stand behind SHIMON PERES got here and why I have decided to op- the men and women who risked their Mr. NICKLES. Mr. President, I would pose the President’s decision to deploy lives. like to join with my colleagues in com- these troops. I believe it is wrong, it is morally plimenting our distinguished guest, In the first place, I mentioned my op- wrong for us to send young people to Prime Minister Peres, for an outstand- position to the President’s decision on Bosnia to risk their lives in the middle ing speech to a joint session of Con- sending troops into Haiti. Senator of a civil war among people who have gress. I have heard several of them in BROWN commented on the President’s not honored a peace agreement. my years in the Senate. But the Prime mistaken mission in Somalia where Some would say, if we do it, at least Minister’s speech, which called for the mission moved from a humani- they have had their chance. Tell me peace and continuing movement in the tarian mission into that of peace en- how you would feel, looking into the peace arena, I think is certainly to be forcing, or peacekeeping, and a greatly eyes of a parent who had lost his or her complimented. And we are delighted to expanded humanitarian role that re- only child. ‘‘Yes, your son or daughter have him as our guest both in speaking sulted in the loss of 18 American lives. S 18408 CONGRESSIONAL RECORD — SENATE December 12, 1995 But I want to go back a little bit fur- leaders of Croatia signed that agree- use them to clear certain areas for ther. I read in President Clinton’s book ment. They are not complying with it mines. And what if somebody runs in 1992, ‘‘Putting People First’’—then now. But we are going to put U.S. away that is guilty of firing on our candidate Bill Clinton. He stated his forces in—almost an Americanization troops and happens to evade them over administration would ‘‘support the re- of this conflict. And we are going to a mine field and so we risk more lives? cent more active role of the United Na- have U.S. forces in charge of carrying And what about this idea—the Presi- tions in troubled spots around the out the Dayton accord. dent said, well, this is a NATO mission, world, and pursue the establishment of Since that accord has been signed, I and I have heard people say this is a a voluntary U.N. rapid deployment hope my colleagues are aware of some vital role for NATO because if we do force to deter aggression, provide hu- of the violations that have taken place. not do it, this is going to show that manitarian relief, and combat terror- Bosnian Croat soldiers have defied the NATO has no valuable purpose. ism and drug trafficking.’’ peace plan by looting and setting NATO was created as a defensive alli- That is on page 135. ablaze a couple of towns. Those towns ance to deter invasion or aggression In 1993, the President’s proposed are to be shifted from Croatian control from Russia. And now we are taking PDD–13, an expansion of the U.S. role to Bosnian Serb control. They are NATO troops from the NATO allies and in U.N. operations, and multinational burning the town. That is not in the saying we are going to put NATO in a U.S. forces under a foreign multi- Dayton accord, but they are doing it. I peacekeeping force in a non-NATO national U.N. military command. He guess our troops are going to stop that. country. Bosnia was not invaded by proposed creating in the office of the Last week the Croats released from Russia. It was not invaded by other Secretary of Defense an Office of jail Ivica Rajic, who was indicted by non-Yugoslavian countries. The Serbs Peacekeeping and Democracy at the the International War Crimes Tribunal certainly did take their fair share of Pentagon, talking about having this in The Hague. Such action is in direct the territory and the Croatians are in post be used to coordinate inter- violation of the Dayton accord where there as well, but this is Yugoslavia’s national peacekeeping forces. all sides pledged to cooperate with the civil war. But we are now putting an I think that is a mistake. I have de- tribunal. They released him. expansion of the NATO role into mov- bated that and raised that on the floor Mr. President, President Clinton has ing from a defensive alliance, which we of the Senate in the past. said, well, we are going to put our have been the leader and the supporter Let me talk a little bit about my op- troops in. Originally, some time ago, of, that has proven to be so successful position to the President’s use and de- he said we would put U.S. troops in. for the last 40 or 50 years, now we are ployment of ground forces in this area. Then, earlier this year, he said we putting it into a peacekeeping role, I heard the President’s speech to the would put in troops for a reconfiguring into a non-NATO country, into an area Nation, and he talked about this is and strengthening of U.N. forces in where the U.N. peacekeepers were not going to be a ‘‘clearly defined military Bosnia. The United Nations has had successful and so now we are going to mission.’’ I do not see any way that 30,000 troops there in the Bosnia area. greatly expand NATO’s role. anyone can call this a clearly defined They were not bringing about peace. I think we need to discuss that and military mission. Maybe I am thinking All sides continued to fight, to move debate it. Is this what NATO’s mission in more simple terms. But clearly de- the map around. He said we would com- is going to be in the future? It looks fined military mission would be similar mit U.S. forces. He did not ask Con- like NATO creep, mission creep, to me. to the Persian Gulf where you had Iraq gress. He said we will commit U.S. And one that I have serious reserva- invade Kuwait, and we said that inva- forces to redeploy and reconfigure. tions about, very serious reservations sion will not stand, and we are going to Well, that was a mistake. about. kick them out of Kuwait. An army in- Mr. President, if you look at this Some have said, well, this is impor- vaded. We are not going to allow that goal, are U.S. forces and the rest of tant; we need to make sure that this to stand. We are going to knock the NATO forces now going to be in charge war does not expand. There is lots of army out. That is what we did. Presi- of policing? Are we going to go in and potential for this war to expand as a dent Bush said that is what our objec- arrest people who are guilty of war result of this effort. Now a lot of the tive was. It had a clearly definable crimes? military objective. We built the forces It seems to me that is what we were Serbian areas are going to have Rus- necessary to make that happen, and we trying to do in Somalia. We tried to sian troops in them, and a lot of Mos- executed it. Then our forces came get General Aideed because he was lem areas are going to have Western home. guilty of some crimes, and the net re- troops including the United States. That is not the case in Bosnia. This sult was, yes, we had troops going in What happens if some Serbs happen to is a map of Bosnia. This is the country harm’s way and we lost a lot of lives, fire on some Moslems and we try to interject, and so we return fire against of Bosnia. It is under control partly by as Senator BROWN alluded to. We did the Serbs. It is under control partly by not provide the military support. the Serbs, and maybe the Russians are the Moslems. It is under control partly Now the President said, I understand, in that quarter—and so there is the by the Croatians. Each of these areas we are going to send in military sup- possibility of some conflict between have different ethnic groups that have port. Is that one of our goals? Are we United States and Russia. been fighting for centuries. going to be policemen? Are we going to I hope that does not happen. I pray it So now we are going to have military go and arrest people for crimes against does not happen. But I see a lot of po- forces serve as a buffer all around, all the other sides? Are we going to en- tential where there can be some spill- throughout Bosnia. That is going to be force refugee resettlements? Are we over from this so-called peacekeeping a very difficult goal. going to tell Serbs in Croat homes they force. How is that a clearly definable mili- are going to have to get out of those Mr. President, we call this peace- tary objective? We are going to insert homes, and vice versa, and use force of keeping, but really what this is is our troops between fighting factions. bayonets? peace enforcing, so it has moved a But we are going to allow people to Are we going to use our forces strict- giant step against peacekeeping. If it is move back and forth. And then there ly as a buffer zone in dangerous areas, really peacekeeping, they would not are all kinds of missions and roles. We targets on both sides, allowing people have to be there. If there was peace, are going to allow refugees to return to to move back and forth that may have they would not have to be there. As their homes. In some areas right now a violent intent either against the Senator BROWN mentioned, they have they are not complying with the accord other side that they have been fighting been fighting for hundreds and hun- that has already been signed. We are for years or maybe against the United dreds of years. How in the world are we going to enforce the Dayton agree- States? Are we going to use U.S. forces going to go in and solve this problem in ment. This was a U.S.-led agreement, to clear mines? 12 months and then go out? the Dayton accord. And all three Presi- And I know I have some Oklahomans And what about the 12-month time- dents signed it. The leaders of the Ser- now that are trained in that area, so table? Is that to say our military ob- bians, the leaders of Bosnia, and the they are going to go in. We are going to jective is going to be totally complete December 12, 1995 CONGRESSIONAL RECORD — SENATE S 18409 in 12 months or is that a political time- from Oklahoma, they will not know commit U.S. ground forces and make a table: Oh, we better get them out be- the difference between the Serbs and commitment where we are going to be fore the next election. It sounds a lot the Moslems and Croatians, who are committing U.S. forces and lives, you more political to me than it does a the good guys and bad guys. I tell you, should have some support of the Amer- militarily definable, achievable objec- there are lots of bad guys around on all ican people. tive. Oh, in 12 months we are going to three sides, but yet we are going to be The American people are opposing be gone regardless of what happens. putting U.S. forces under an American this action by a two-to-one margin. Well, that does not seem to make general to be making decisions. So we That has not changed since the Presi- sense. Is there a militarily definable are almost Americanizing this war. But dent has tried the make his case, and objective? I do not think so. I think we we say we are going to be out in 12 the administration people have tried to are in the process of getting bogged months. I do not see it adding up. I do make his case. down in a lot of nation building. not see it working. I do see us risking And then, an exit strategy for get- You say, oh, well, how could that be? a lot of U.S. lives and a lot of prestige ting the troops out must be established If you read the Dayton accord, it talks for something I think is clearly not de- from the beginning. We do not have an about a lot of things. It talks about po- finable. exit strategy. We have a timetable that licing the agreement. It talks about Now, look at Secretary Christopher’s says we are out in 12 months, not that buffer zones. It talks about refugees words. He testified in April 1993 before we accomplished our objective, because and resettlements. It also talks about the Appropriations Committee. He said our objective is not that clear, is not establishing a constitution and a de- four criteria have to be met before that definable. It just says we are mocracy and a revolving presidency, a American troops will be deployed. going to be out. That is a timetable for revolving presidency between the Cro- Now, this proves a couple things. exit, but it does not say anything has atians, the Moslems, and the Serbs. One, they were talking about deploying to be accomplished. Again, I think it is That may sound nice and look kind American troops 21⁄2 years ago. Well, a mistake. Under Secretary Chris- of good on paper in Dayton, OH, but I now they have been successful. But topher’s own criteria I think it fails on question whether that is going to they said the goals must be clear and all four categories. work. If you go back a little bit in his- understandable to the American peo- Mr. President, I do not think we tory in the former Yugoslavia, where ple. Well, that has not happened. That should send U.S. ground forces. I think you had several republics, they were is a big no. You ask the American peo- President Clinton has made a mistake. supposed to have revolving presi- ple, what are our goals? Well, we are I think if you look back at the state- dencies. Guess what. The Serbs ended going to get out in 12 months. We want ments that this administration has up getting control and they revolved or to speak for peace, but if we look at all made, even as a candidate, as the poli- rotated the presidency. They still have these guidelines where we are going to cies go back for the last 3 years, they it. Mr. Milosevic was still running be the buffer, no, I do not think so. If have been talking about putting U.S. Greater Serbia, and he wanted to ex- you say we want American forces to be ground forces in international peace- pand Greater Serbia. That is the reason clearing mines, something like 5 or 6 keeping efforts. I am afraid we are they moved into Bosnia. So this idea of million mines, landmines, hopefully we making a mistake, like at the date in a revolving presidency certainly is na- will not lose any American troops to the accord, the date in the agreement. tion building, i.e., and that sounds a landmines, but I am sure that we will. I see lots and lots of areas that are lot like Somalia. That does not sound And Americans are going to start nation building. So we are going to be like a militarily achievable objective, questioning those goals. ‘‘Wait a committing United States ground at least in my opinion. minute. Why are we there? The chances forces into rebuilding a democracy or a And so we look at the resolutions of success must be high.’’ I do not government in Bosnia, a government that are before us. The resolution that think they are high. I hope they are. I that is very fractured, a government I am speaking on behalf of as well as hope there is peace. that is very divided, with ethnic divi- Senator HUTCHISON and Senator INHOFE But I think just because we have de- sions, one where there is a lot of ha- Senator BROWN, Senator KYL, and oth- ployed ground forces, what happens tred, a lot of animosity, and putting ers says we oppose the President’s deci- when we leave? We may be somewhat United States forces right in the mid- sion to send ground forces into Bosnia successful with 60,000 troops. Putting dle. That is not a clearly definable to carry out the Dayton accord. I look them into an area smaller than the military objective. at the arguments for it, and I think if State of West Virginia, that is a lot of Again, I think it is a serious mistake. you look at this map, it looks like a troops for an area that size. Bosnia is a So I hope that our colleagues will sup- congressional district in Louisiana. small area, about 60 percent of the size port this resolution. And you see a lot of areas. Well, while of South Carolina, a little smaller than Mr. President, I ask unanimous con- there are Serbs in this area, they have West Virginia. It has about 4.5 to 5 mil- sent that an article by Judge Abraham to move back and the Bosnians will lion people, so it has a lot of people. Sofaer that was in the Wall Street have to take control and Sarajevo But we are going to put 60,000 troops in Journal, which points out many of the Serbs have control in some areas and there. shortcomings of the Dayton accord, be they say they are not going to give it We may successful in restoring some printed in the RECORD at this point. up. degree of peace for a while. What hap- There being no objection, the article Does that mean U.S. forces or other pens when we leave? We said we are was ordered to be printed in the forces are going to come in and enforce going to be gone in 12 months. I am RECORD, as follows: that agreement? And what if they do afraid the war is going to start again. CLINTON NEEDS CONGRESS ON BOSNIA not give it up without a fight? And on If so, then I say, hey, that has not been (By Abraham D. Sofaer) and on and on. And this is throughout. successful. If we leave, like we did after What if they say, well, before we leave, Lebanon or like we did after Somalia, I President Clinton has appealed to Congress and the American people to support his pol- we are going to raze it or we are going would say that is not a success. We icy committing 20,000 ground troops to im- to burn it. And that is what they are may have alleviated some of the fight- plement the peace agreement reached be- doing right now. Or what if there are ing or some of the starvation for a tween Serbia, Croatia and Bosnia. It is a war criminals and they say, instead of short period of time, but if they start tribute to the American people that the apprehending them, we are going to let fighting, as they, I am afraid, will in president is accorded the greatest deference them go, as they just did in one case this case, I do not think that we have when he calls for the greatest sacrifice. where the Croatians released a person been successful. Americans respond, at least initially, to such indicted by the international tribunal. Third, this is Secretary Christopher’s appeals from their president. In other words, there are already big, criterion: The American people must But Mr. Clinton is exploiting this quality. He has presented the agreement and the large, gross violations of the Dayton support the effort. The American peo- American role in its enforcement as an ac- accord, and now we are going to be put- ple do not support this effort. I do not complished fact, though the documents have ting U.S. forces in. Now, U.S. forces, or believe you should manage foreign pol- yet to be signed by the parties, and numer- at least a lot of U.S. forces that I know icy by polls, but I do think, before you ous preconditions to U.S. involvement have S 18410 CONGRESSIONAL RECORD — SENATE December 12, 1995 yet to be fulfilled. He is consulting with Con- to all areas unimpeded by checkpoints, road- desire for peace among the warring parties, gress, but he is already sending troops to the blocks or other obstacles. Taken together, then presumably the accord is not so fragile area without any form of legislative ap- these duties essentially give IFOR control of as to depend on the oral commitment of U.S. proval. Indeed, he claims that, while he the physical infrastructure of both parts of troops made by the administration (and would welcome Congress’s approval, he plans the Bosnian state. It seems doubtful that the which isn’t even part of the agreement). Con- to go ahead regardless. 60,000-man force could meet these expecta- gress can and should consider other options. Presidents often try to get what they want tions. The U.S., for example, could assist European by leading aggressively. Congress neverthe- Article IX of the agreement recognizes the forces in demarcating the boundary lines, less has a duty to study carefully the pro- ‘‘obligation of all parties to cooperate in the and could enforce peace in the area through posed operation and then express its view. investigation and prosecution of war crimes the threat of air strikes on important tar- The essential first step in that debate is to and other violations of international human- gets. Or the U.S. could offer greater mone- read the documents signed recently in Day- itarian law.’’ This is an especially sensitive tary and diplomatic support for the agree- ton. The complex agreement, with 12 an- matter. Yet there is no mechanism in the ac- ment but not any ground troops. nexes, calls for Bosnia to remain a single but cord for bringing to justice men who haven’t Whatever happens with the troop commit- divided nation, and all the warring factions been defeated in battle and who aren’t in ment, Congress should insist that the agree- to withdraw to specific lines. The agreement custody. This means that IFOR is almost ment’s provisions allowing the training and covers virtually all aspects of future life in certain to come under pressure by victims arming of the Bosnian Muslims be rigorously Bosnia, including the division of its govern- and human rights advocates to capture and adhered to. A balance of power among the ments, the contents of its constitution, the deliver up the principal villains. Will it do hostile parties is ultimately the only basis selection of its judges, and the manner in better than we did in fulfilling our promise for long-term stability in the region. And if which its police force is to be chosen and to capture Mohammed Farah Aidid in Soma- American troops are sent to Bosnia, they trained. Of principal interest to Congress, lia? will be unable to leave responsibly until such though, are those aspects of the agreement The agreement makes vague promises a balance has been developed. That would that create obligations and expectations for about reversing ‘‘ethnic cleansing’’ by guar- certainly take longer than the yearlong the U.S. to fulfill. anteeing refugees the right to return to their limit imposed by the administration. OUR OBLIGATIONS homes. Since this is in practice impossible, Mr. NICKLES. Mr. President, I yield the West will end up paying billions in com- These obligations, when carefully exam- pensation awards promised in the agreement. the floor. ined in context, carry to the ultimate ex- The agreement contains numerous provi- Mr. GLENN addressed the Chair. treme the policy of forcing a settlement on sions regarding the manner in which Bosnia The PRESIDING OFFICER. The Sen- the Bosnians, rather than attempting to cre- is to be governed, with checks and balances ate an internal situation that is militarily ator from Ohio. built in that are based on ethnic or geo- balanced. Most significantly, the agreement Mr. GLENN. Mr. President, I listened graphic terms. But Americans traditionally makes the U.S., through the ‘‘implementa- very carefully to the last several have not believed in such divisions of politi- tion force’’ (IFOR), the military guarantor of speakers here on the floor, and I find cal authority. We fought the Civil War to put the overall arrangement. into place an undivided nation based on the myself almost at a loss as to where to The role of U.S. troops cannot be charac- principle that all people are of equal worth, start. If we go through a factual reality terized as ‘‘peacekeeping.’’ Even ‘‘implemen- and all must live in accordance with the law. check here, on how this situation de- tation’’ understates our obligation, IFOR It took a Tito to keep the ethnically divided veloped, I do not find it much like what will be close to an occupying army, in a con- Yugoslavia together. Will IFOR now assume flict that has merely been suspended. We are I hear being discussed here on the his role of enforcing a constitution based on likely to have as many difficulties acting as floor. principles abhorrent to Western values? Even occupiers without having won a victory as One of the speakers this evening if the basic structure of the government the U.N.’s war crimes tribunal is having in talked about our entry into combat works, what role will IFOR have to play in attempting to apply its decisions in Bosnia resolving disputes over the numerous sen- and equated it with Vietnam, equated without the power to enforce them. it with Lebanon, where President IFOR’s principal responsibilities are set sitive areas that the parties have seen fit to write into the accords? If the parties don’t Reagan—whose name has not been out in Annex 1(a) of the agreement: mentioned here although Clinton’s has The parties agree to cease hostilities and resolve some matters successfully, they are to withdraw all forces to agreed lines in likely to blame IFOR for these failures. this evening, that is for sure—put 1,600 Finally, the agreement draws a vague dis- three phases. Detailed rules have been agreed troops into Lebanon and said, ‘‘We’re tinction between ‘‘military’’ and ‘‘civilian’’ upon, including special provisions regarding going to stabilize Lebanon by making matters. Ultimate authority over the latter Sarajevo and Gorazde. But IFOR is respon- an example there, and that will bring is allocated to a U.N. high representative, sible for marking the ceasefire lines and the who is to act through a ‘‘joint civilian com- them around.’’ That is what got us into ‘‘inter-entity boundary line and its zone of mission’’ consisting of senior political rep- the trouble, not thinking the thing separation,’’ which in effect will divide the resentatives of the parties and the IFOR through, and thinking that a little Bosnian Muslims and Croats from the commander or his representative. The high bitty show of force would bring an end Bosnian Serbs. The parties agree that IFOR representative is to exchange information may use all necessary force to ensure their to what had been very lengthy combat and maintain liaison on a regular basis with compliance with these disengagement rules. in Lebanon. The parties agree to ‘‘strictly avoid com- IFOR, and shall attend or be represented at So I think we need a reality check mitting any reprisals, counterattacks, or meetings of the joint military commission here. To equate this whole effort as and offer advice ‘‘particularly on matters of any unilateral actions in response to viola- just some sort of a PR stunt does a dis- tions of this annex by another party.’’ The a political-military nature.’’ But it is also made clear that the high representative service to the floor of the U.S. Senate only response allowed to alleged violations is and to our Government. It was even through the procedures provided in Article ‘‘shall have no authority over the IFOR and VIII of the Annex, which establishes a ‘‘joint shall not in any way interfere in the conduct questioned as to whether we would military commission’’—made up of all the of military operations or the IFOR chain of stand behind our troops in Bosnia once parties—to consider military complaints, command.’’ they are in there. What a ridiculous This may seem a reassuring confirmation questions and problems. But the commission statement. I find that abhorrent. of IFOR’s power to avoid U.N. restrictions on is only ‘‘a consultative body for the IFOR the use of force. Ultimately, however, IFOR’s Now, statements were made that we commander,’’ an American general who is role could be made untenable if it finds itself were injecting our people into a civil explicitly deemed ‘‘the final authority in in a confrontation with the U.N.’s designated war, we are putting our people into theater regarding interpretation of this representative and the proper handling of a combat. Now, let us get back to reality agreement. . . .’’ This enormous power—to ‘‘political’’ matter. What would happen, for prevent even acts of self defense—will carry here. example, if the U.N. high representative de- proportionate responsibility for harm that I agree completely that there have termined that U.S. forces had gone too far in any party may attribute to IFOR’s lack of been long and historical difficulties in defending themselves under President Clin- responsiveness or fairness. the Balkans. We do not need to run IFOR is also given the responsibility to ton’s policy of effectively responding to at- tacks ‘‘and then some’’? through all those this evening except support various nonmilitary tasks, including to say some of these problems literally EITHER/OR creating conditions for free and fair elec- go back to the time of the Caesars. tions; assisting humanitarian organizations; Congress cannot redo the agreement They are that old. The ethnic, politi- observing and preventing ‘‘interference with reached by the parties. But there is no need the movement of civilian populations, refu- for lawmakers to accept President Clinton’s cal, and religious differences in that gees, and displaced persons’’; clearing the either/or approach—either support his plan area led one of the Caesars to split the roads of mines; controlling all airspace (even to implement the agreement, or pull out en- area that later became Yugoslavia into for civilian air travel); and ensuring access tirely. If the agreement represents a genuine the East Roman Empire and West December 12, 1995 CONGRESSIONAL RECORD — SENATE S 18411 Roman Empire. That is how the ortho- point. I thought they would come to meeting at the White House, we have dox influence came up into that part of Dayton and it would be a short-lived to decide which peach orchard is in the world. conference. And what happened? Well, what entity when you draw these lines. It has been a caldron of problems they not only asked to negotiate, but It had to be in that kind of detail. that contributed to the beginnings of they, the parties involved, came to A second element was that the firing two world wars. We have always had an Dayton. They, the national leaders, the had to have stopped. That was a com- interest in that area. We have a lot of heads of state, did something I would mitment agreed to by everybody. The people in our own country, a lot of peo- not have thought possible: They stayed parties had to see that the irregulars ple in my home State of Ohio rep- at Dayton for 21 days, the heads of also will have stopped firing. And then resenting the different ethnic groups in state stayed there for 21 days negotiat- we go in to maintain the peace. that part of the world. ing. They finally hammered this thing What came out of the negotiations, President Clinton said we would send out, and they initialed an agreement as far as detail? I brought along a 20,000 people in if—these were big there, all of them. And they will sign it chart. This is a chart they agreed to in ‘‘if’s’’—if we could get arrangements the day after tomorrow in Paris. Dayton. The detail was to be 1 to 50,000 for fighting to be stopped, so we could So it is not our peace, it is their scale. This is a brandnew map, just a move in. We are not going to fight our peace, with us making suggestions. But few days ago. This is the separation way in. We did not make a commit- they are the ones who initialed it. zone. This area in here is an area that ment to actually send them in until They are the ones who asked to nego- is an interim zone which the troops some other things happened. tiate to begin with. will move out of and back to these What were those other things? And What is our part in it? Our part is to lines, and that is to occur within a these are very, very important. What help implement what they have agreed stated time period. happened was that over the past 4 to. What is the accuracy of this? An inch Much was made on the floor a few years the war has become so difficult on this scale would be somewhere moments ago about what if they back for people in that area, that they want- around 4,000 feet, and the center line out and the fighting starts again? They ed peace. They asked us to broker the that is the demarcation line that we back out and what happens? I will say peace. We did not suggest fighting our will monitor, shown in the center of this, if that happens and if they break way in there. President Clinton has not this zone, accurate on this scale map to the peace agreement that they signed, said we are going to fight our way in within 50 meters, close to 160 feet. Now, that they wanted, that we brokered, there. Quite the opposite. They came that is pretty good accuracy. to us and said they are tired of war. that they agreed to, it is their failure, We have the whole of Bosnia and My colleagues have asked how can we not ours. We are not there, as the Herzegovina. All of that area has this believe these people who have been President has said, the Vice President kind of a map. I could not bring all the fighting all these hundreds of years are has said, the Secretary of Defense has maps, because 1 to 50,000 would have an not just going to keep on fighting. said, General Shalikashvili has said, area about half the size of that wall at Well, the big difference now is that General Joulwan in Europe briefed us, the end of the Senate Chamber. But they are tired of war. Should we be- to enforce a peace by forcing anyone our section will be up in this area, lieve them or not? back across a border. If they have de- around Tuzla, up in this northeastern Bosnia-Herzegovina is an area about cided this peace is no longer for them part of Bosnia and Herzegovina, de- one-half the size of the State of Ohio— and they are going to start fighting picted here. we are not a huge State; we have about again, our commitment at that point is 41,000 square miles of territory in we tried, we gave you people your This is Tuzla, which will be the Ohio—Bosnia-Herzegovina is almost chance at this thing, and we are out of American headquarters out of which 20,000, 19,776 square miles, about half there. We are not there to conduct we will operate. We will be operating to the size of Ohio. In other words, think large-scale combat. If that were the keep these zones clear in here. Why do of Ohio, and Interstate 70 goes across case, we would be going in with far we need to do that? If they said that the middle. more than 20,000 people, in my view. they wanted peace, they are tired of If, in that area down between that But let us say they do not back out war, 250,000 people killed, 2 million ref- Interstate 70 and the Ohio River, we and peace comes to the Balkans. We ugees in a small area, why can they not had had 250,000 deaths in the last 4 will have avoided the possibility of this all just sit down and say, Stop fighting, years and we had two million refugees conflict spreading over into Macedonia, and that takes care of that? in the last 4 years, would we be ready down toward Turkey, with all that One very good reason. The previous for peace? That is what occurred over might entail. We have avoided the pos- cease-fires that they have had in that in Bosnia. Even the most ardent war- sibility of it breaking across borders up area have been broken, for the most riors over there have become tired of toward Europe, maybe into Eastern part, by what are called the irregulars. war, of the slaughter and the disloca- Europe. And we will maybe, possibly, We were briefed on that when we were tion of people. have peace in that area because they over there a few weeks ago. At least 20 While every individual may not be asked for it, they wanted it. percent, and some estimates run as signed on, 100 percent going to lay I had doubts when they came to Day- high as 50 percent, of the combatants down their arms, this is what hap- ton and I wanted to see two things hap- in this area are what they call pened. They came to us. Diplomatic pen. I said this publicly at the time and irregulars. They are the farmers who channels said all parties seemed to be talked to the President about it, talked go up and shoot, are up there manning ready to have us broker a peace if it to the Vice President about it, and a rifle or machinegun a few days, go was possible. talked to the Secretary of Defense back to their farm and somebody re- I must commend Ambassador about it. Two things: First, this agree- lieves them. They are not the people Holbrooke. I think he did a masterful ment could not be wishful thinking. who are used to the usual military job over there, stayed at it, stayed at This agreement could not be something commands up and down the military it, stayed at it, back and forth, one where we say, Well, yes, we’re going to structure. capital to another, one group to an- go in over there, and, yeah, since they What has happened on most of the other until they had an agreement to want peace we will be able to settle in past cease-fires, and they have had go to another place and try to nego- down there and we’ll draw some bor- over 30 of them in these 4 years of war tiate peace. They came to Dayton. ders once we get there and then we’ll and they have always broken down, is Wright Patterson was selected because provide some peace. that somebody gets up there, triggers the facilities were there providing se- No, we could not do it that way. I felt off a few rounds, the firing spreads and curity, some place to live, some appro- that would be a recipe for disaster. I pretty soon the cease-fire has broken priate barracks, and so forth. So they would have bet a sizable amount down. came to Dayton. against the parties at Dayton really So the situation we find ourselves in Let me give my view. I was very du- drawing up an agreement in sufficient is we have an agreement. I would not bious of this whole process at that detail that, as I said one night in a have thought it was possible to reach S 18412 CONGRESSIONAL RECORD — SENATE December 12, 1995 the kind of agreement they did in Day- tion, outlined here on the chart, 2 kilo- benefits of peace, as opposed to con- ton. It is detailed. The borders are es- meters on either side of the cease-fire tinuing the slaughter, which has been tablished. It has been initialed. It is interentity boundary line. We will es- their norm for the last several years. laid out on the 1 to 50,000 chart right tablish liaison with local military and Can 20,000 troops do it? Yes, I think here. In the local areas, they will have civilian authorities, and we will create they can. The 20,000 is not a force to charts to a bigger scale, of course. The joint military commissions to resolve come in for a big military operation. firing must have stopped, and the cease any disputes that there may be be- We are not going into a situation like fire held while these negotiations were tween the parties. the Persian Gulf, where we knew we underway, by and large. Now, the statement was made a while were going into combat. It is the oppo- When we go in, it will not be to fight ago on the floor that it smacks of na- site. We are going in to help the parties our way in. It will be to go in and man tion building for our military in there. and these irregulars to stay apart for a these zones that keep the combatants That is not true. Nationbuilding tasks short period of time while we try, for apart. One reason that is a 4-kilometer are specifically not included as I-For the first time, to get lasting peace in wide area is so the small arms fire can- tasks in the Dayton accords. that part of the world. not be used across a zone. There are 2 Things that will not be I-For tasks Now, what are some of these groups kilometers on each side of that center are the humanitarian operations. that will be coming in? Well, those are mark down the middle of that zone. Those will be handled by other inter- being worked out right now, as to who We will keep the forces separate. national agencies. Nation building, ec- will do what. But NATO itself will not They say—they say, not us—they say onomics, and infrastructure will be be responsible—the NATO troops there that they want peace. We have helped handled by others, not by our military. will not be responsible for all the them negotiate an agreement, and sur- Disarming everyone is not an I-For nationbuilding efforts. prisingly, it is in enough detail that task. Moving refugees is not a job for I might add that, as far as risk goes, you can pick out which orchard is our military, nor is policing local you know, I wondered one day how going to be where and which road towns, and so on. many people in the Peace Corps we had intersection is going to be where. It is So this idea that we do not have lost overseas, so we made an inquiry. It in that kind of detail. When we get clearly defined military tasks is just turns out that through all the years of over there, we will not go into areas not true. the Peace Corps, which obviously in- where there is any active fighting that Once again, I am still somewhat cludes many thousands of people and may have popped up again. We are not amazed that everybody agreed to all many places around the world, we have going in to squelch someone, we are these things in Dayton and has said lost 224 people in the Peace Corps that not there to fight a war on one side or that they will abide by these commit- have died overseas in accidents, of dis- the other. We are there to set up a sep- ments. If the parties decide that they ease, or whatever. I think that is inter- aration zone and enforce it. want out of the agreement—we are al- esting. I would not have thought it was The question was asked on the floor ready agreed, the NATO Ambassadors that high. So we take some small risk here, what is our military task? Mili- have said, General Joulwan told us dur- any time our people move out on any tary tasks were agreed to at Dayton. ing our briefings, and Secretary Chris- endeavor anywhere in the world. But The Secretary of Defense and the topher and Secretary Perry said, we the risks, to me, are minimal. Chairman of the Joint Chiefs of Staff are not there to fight on one side or the The benefits that can occur for the and the Secretary of State have re- other. We would say that we success- future are huge. NATO, for the first peated these things over and over fully did our part. We would define our time, will have been moving out of again. All parties have agreed that part as being a success if we went in their normal area. So, in that respect, they will cooperate with us in these there and manned these zones and kept it is an experiment. What has happened things that they asked us to enforce. them apart for a period of time, and is, our military area that we are going Let me add one thing here. Why us? they will have failed, not us. They will to man as part of this force will be up Why do they want our involvement? have failed the peace agreement that here in this northeastern part. The Why did they say they would not go they asked us to negotiate, that they British will be up in here. The French along with just the other members of came to Dayton for, for which they will be down around Sarajevo and down NATO unless we were involved? It is stayed 3 weeks, 21 days, and they will in this particular area down here. rather simple. They trust us and they sign in Paris the day after tomorrow. So it is not, as was said on the floor do not trust the Europeans in NATO, Now, where does this leave us? Well, a while ago, that we are mixing up our and they have said that. This was stat- it leaves us, I think, with reasonable troops all over Bosnia. That is not ed to us in numerous briefings. They do risk. Nothing is without some risk, true. We are responsible for manning a not trust the others, but they do trust that is true. Even when we have ma- certain area, and that is it. the U.S. neuvers in this country, military ma- Now, I was afraid of one other thing. Our job will be, first, to go in and su- neuvers, sometimes something hap- In the Balkan area we had the Soviet pervise the selective marking of cease- pens. Someone slips off a tank and they Union that through the years has had a fire lines, inter-entity boundary lines, are hurt. Nothing is absolutely safe. It special kinship with Serbia. It dates and zones of separation, which is what is like an old saying in aviation, ‘‘The back a long time, a historical connec- we are talking about here. First zones only way you have absolute, complete tion of heritage there. will be marked, then military forces flight safety is to leave the airplanes in I was afraid that if we went in there, will begin moving out of the zones back the hangar.’’ I guess that is the situa- and NATO went in there, and we found into these permanent areas here. tion we find ourselves in. the Russians having an interest in Once that has occurred, we will mon- Will there be some risk? Yes. Will it coming down and supporting people itor and, if necessary, enforce with- be tolerable? I think so. If it becomes over on the Serbian side, we could wind drawal of forces to their respective ter- intolerable and forces build up, and up with us in this area here with Rus- ritories within an agreed period. We there is a push, we are out of there. I sia supporting the Serbs in here. We will ensure that they have withdrawn will not see that as being a failure. I would have had a possible confronta- behind the zone of separation within 30 will see that as, we did our level best. tion there between Russia and our days of transfer of authority. That is a This year period we are talking about forces. That would have been a con- clear military task. is time enough. If they really want frontation with the potential for very Then we will ensure redeployment of peace and they are serious about it, major disaster. forces from areas to be transferred then all these other humanitarian Now, what happened? Well, we got from one entity to the other within 45 groups and nationbuilding groups—not the Russians in. The Russians are days of transfer of authority. our military—will come in imme- going to be part of this. They will be Further, we will ensure no introduc- diately after our presence is felt to try manning some of this zone here adja- tion of forces into transferred areas for to help those people get their country cent to us, and they are cooperating in an additional 45 days, establish and going again. Within a year, the people this effort. I think they, too, realize man the 4-kilometer zone of separa- of Bosnia are certainly going to see the that if we do not get peace in that part December 12, 1995 CONGRESSIONAL RECORD — SENATE S 18413 of the world, it is liable to erupt again think about those things and be pre- I think we stand a very good chance sometime in the future, and that would pared for some of these things. But to of doing that. I support the President’s not be good for them, or us, or anyone stay out of that area because some of move, and I hope that we can send an else. the things mentioned here on the floor overwhelming message of support, be- If we cannot begin to see the benefits might possibly remotely happen, I just cause I do not want to have the people of peace in a year, then maybe it is im- do not think that should be done. over there thinking that we are a di- possible. I do not know. Maybe those We are, indeed, a nation that wants vided nation back here. That would be countries go back to fighting again. peace and freedom around the world. the worst situation that we could pos- But I think we will have been proud at We have stood for that and stayed in- sibly have. that time that we at least were willing volved around the world. That does not Mr. President, I am optimistic at this mean at all that we try to take on all to take the small risks to let peace try point. I think we have come a long the problems of the world. We cannot and take root in that area of the world. way. We went through negotiations we be the world’s policemen. I agree with I would think that some risk now did not think were possible. They have that. But where we have an area of may enhance the long-term leadership agreed to it. Heads of state stayed in such historical conflict and importance of the United States toward peace and Dayton 21 days, something we would to Europe, to not seize this opportu- freedom around the world and, in the have thought was absolutely impos- nity—and I do view it as an oppor- long run, actually save lives. sible. They will sign this in Paris. It is tunity—to not seize this opportunity to We have not been hesitant about tak- their peace. All we do is help them im- ing jobs on around the world, and peo- try to help them implement the peace that they say they want, I think would plement it. It is their peace. If it ple trust us when we do this, by and breaks down, it is not our failure; it is large. We have many examples. We be wrong. I think we are well justified in going their failure. I look forward to the con- stayed in Korea since the Korean war. tinued debate tomorrow morning. With the Marshall plan, the Truman in, and I would not have thought this I yield the floor. doctrine, back in the post-World War II was possible 7 or 8 months ago. I would days, we did not try to take over Eu- not have thought we would have such a The PRESIDING OFFICER (Mr. BEN- rope and make it a 51st, 52d, 53d, or detailed agreement, that I could stand NETT). The Senator from Alaska. 54th State over there. We helped them. here with a chart like this on the floor Mr. STEVENS. Mr. President, I am We had the Truman plan, the Marshall of the United States Senate and say one of the cosponsors of the Hutchison- plan, all these things to help nations these details have been signed onto by Inhofe resolution. It is a brief measure. recover from war. all parties in the Balkans. This is one It makes clear the views of this Sen- In other words, we have had a history small part around Tuzla, and the total ator and, I hope, the majority of this of standing for peace and freedom map on this scale in the Senate would body in opposition to the actions and around the world and, really, to take be the whole size of the wall; 50 charts the decision by the President concern- some minor risks to see that we en- cover Bosnia and Herzegovina. ing Bosnia. What we are doing is providing them courage peace and freedom around the In clear and unambiguous language, a structure for implementing the peace world. It does not always go perfectly. our resolution presents absolute sup- they said they wanted and they agreed Did we lose some people we wish we port for the men and women of the to. If they decide to opt out, then we had not lost in Somalia? Of course. I Armed Forces who are being deployed are opting out, too. We will have done think we probably also in the long run under the President’s order related to our job. I personally declare it a suc- saved a million lives in Somalia with cess that we tried. If they are dumb Bosnia. They are and will do their the effort that we were willing to enough to break up the peace after all duty, and they have earned and deserve make. this effort, and all the nation building our country’s unqualified support to Are we wrong in trying to broker a that will be going on in that area, then meet their needs. Mideast peace? We had Prime Minister I must say I do not have much sym- We also have to support their fami- Shimon Peres here not 20 minutes ago pathy for them from that point on. We lies while they are away, and no mat- on the floor of the U.S. Senate. He was will not fight our way in. We only go in ter what we do or say regarding Bosnia, here and gave a brilliant speech today. if all firing has stopped. it is the duty of this Congress to pro- We have helped Israel and the Palestin- Are we do-gooders, trying to do too vide for the security and welfare of the ians to bridge some of their differences. much around the world? I do not think families of these men and women in the We have tried to broker peace in that so myself. We take some risks for po- defense forces. area. tentially huge benefits. The rest of the Now, virtually every Member of this We did not try to take Japan after world looks at us as a nation that has body, I think, has spoken at least once World War II. We have tried to advance no territorial designs. They trust us. I on this tragic situation in Bosnia. peace and democracy throughout think we just might be able to imple- What the Senate is doing now is to South and Central America. We have a ment this agreement and see peace focus on the challenges and the threats lot of budding democracies in that part break out in that area for an indefinite involved in this Dayton plan for the of the world, Cuba being the major ex- time into the future. If so, we will have United States and to determine wheth- ception. We went into Haiti. It was done a great, great service for the rest er we should, for the first time, mire criticized here on the floor a little of the world and particularly for that ground forces in this centuries-long while ago, but I think we are seeing particular area. conflict in the Balkans. Haiti come around, it is up and down, I know we will be debating this ques- I have listened with interest to my up and down, but generally up. It is a tion tomorrow here, I do not think more peaceful situation than we might friend from Ohio. There is no one for there is a final agreement yet on ex- whom I have greater respect and fond- have thought was possible. actly how long tomorrow we will be de- ness. I find that we have come away Northern Ireland. Nuclear Non-Pro- bating these issues. But I think if this from the Balkans—we traveled the Bal- liferation Treaty we got permanently works out, then we will avoid the pos- kans together—we have come away extended. We have tried to be a force sibility of an encroachment down with diametrically opposed views. for good around this world to our ever- through Macedonia or toward Turkey. lasting credit. We will not see fighting spread across I was interested in particular when To those who say we should not even borders into eastern Europe. he mentioned that Bosnia and risk going into this area I would say— We will maybe have been a real in- Herzegovina is 20,000 square miles. Mr. they wanted the peace, they asked us strument for peace. That is the objec- President, my State is 586,000 square to broker it, they have initialed it, tive here—not another Vietnam, not miles and we are one-fifth the size of they are the ones who will sign it in another Lebanon, not all the things the United States. In other words, I Paris. It is their peace, not ours. We that were mentioned here on the floor think we should focus on the size of the are just trying to help them implement a little while ago. Maybe, just maybe, area involved in this conflict. it. So to bring up all these what ifs and we can be a force for peace in that part More than 2 years ago, I spoke to the dire consequences—I think it is good to of the world. That is the objective. Senate on the nature of the conflict in S 18414 CONGRESSIONAL RECORD — SENATE December 12, 1995 Bosnia, and I paid particular attention Croatia and Sarajevo. Let me state states long simmering rivalries, feuds, at that time to the remarks of General now that our discussions with military and clan conflicts that were suppressed MacKenzie, who was a Canadian and leaders at the United States European by brutal, authoritarian regimes con- the commander of the U.N. forces that Command headquarters in Stuttgart tinue to surface. People did not accept were then struggling to end the fight- made clear that our troops have been Communist dictatorships, they lived in ing. well-trained and well-prepared for what fear of them. They chafed under that In an interview about that time, they may face in Bosnia. While I do not tyranny, under the control of entirely when he was asked what he thought agree with the President’s decision, I different nation, a nation that erased about the calls from some in the Con- applaud the leadership exercised by their traditional boundaries. And now gress to take military intervention, or General Shalikashvili, Admiral Smith, they are acting on desires for self-de- at least send a strong military backup General Crouch, and General Hawley— termination to try to restore the past. to the Bosnia area, this is what he said, they have done everything in their Bosnia is not the first nor will it be quoting Gen. Louis MacKenzie: power to prepare our troops to protect the last of such civil wars in former Well, what I have to say is that if you’re their own lives. Communist nations. The precedent set going to jump from chapter to chapter 7 of We may face casualties in Bosnia— by the President on how the United the U.N. charter and move from peacekeep- every military commander we met ad- States will respond to these conflicts ing to force, then you better get the peace- dressed the risks there. But we were as- will haunt the United States for years keeping force out first. sured that those casualties will not be to come. Mind you, Mr. President, you better get the result of indifference or failures by I do not know how this administra- the peacekeeping force out of there. tion reached a value judgment that a Otherwise, you got 1,500 to 1,600 hostages the Department of Defense to do its job to make the force ready. This is a su- life in Bosnia is more significant than sitting there 200 kilometers from the nearest a life in Chechnya or Armenia. And I secure border. You can’t combine these two. perb force that the President has or- And if you’re going to get involved in the dered to Bosnia, will bring credit to the would ask, are the threats to Turkey Balkans, then we better read a bit of history, military, and to our Nation, regardless from unrest along the Black Sea of less because we’re talking about an area that of the challenges of the Balkans, of vital interest than the imagined gobbled up 30 divisions during the last war. that I am sure. threats to Greece from the unrest in Unsuccessfully, by the way, in keeping the But, if the situation in Bosnia was the Balkans? peace in Yugoslavia. Unsuccessful in track- unique, a compelling case for United I really do not know how the Presi- ing down Tito and finding him in Macedonia. dent’s equation works yet, Mr. Presi- So you’re talking about a very, very major States intervention might be made. Sadly, the killing, the suffering, and dent. What future commitments has undertaking. the President made by this decision to Not only that; when they leave, with the the devastation in Bosnia represents amount of hate that’s been generated on only one chapter in the growing record dispatch forces to this region? Based on both sides, it’s going to break out and start of civil strife around the world. Even our discussions with U.S. military all over again unless you come to some sort more troubling is that Bosnia may be leaders in Europe and the hearing be- of political constitutional solution for that only a warning bell for severe disrup- fore the defense appropriations sub- country. tion and conflict in other former Com- committee, which I chaired, I found no Mr. President, there is no constitu- munist nations, including the former basis for any claim that a broader war tional solution in Bosnia. There is no Soviet Union itself. We must not forget in Europe could emerge from this con- peace, really, in Bosnia. the fact that we are watching the dis- flict. We have heard that again here today. It is discouraging that, after the 2 integration of Yugoslavia. There is simply no likelihood that years that this has gone on, and the in- In Africa, Central Asia, and the Far troops from this 20,000 square mile area calculable suffering by the people of East, we have witnessed, without de- will march on Greece, or that Croatia Bosnia, the President has finally acted. ploying United States troops, slaugh- will march on Italy, as a result of this And in my view he has made the wrong ters and tyranny in Ethiopia, Uganda, centuries-long hatred in the Balkans. decision. Sudan, Mozambique, and Angola. Two years ago, following a mission in Any suggestions that this civil con- Where we did intervene, in Rwanda and flict will ignite world war III to me is Bosnia with a delegation of Senators to Somalia, our efforts resulted in only a the NATO south headquarters and the farfetched and irresponsible. And I say temporary lull in the killing, or in the this with no disrespect to Secretary Bosnia region and Croatia, I came to end, completely failed, as when we Perry and General Shalikashvili. I told the conclusion that only a military tried to mix humanitarian aid with na- them of my conclusions following our balance in the region would bring a tion building in Somalia. In Asia, we trips to Bosnia, in private meetings permanent end to the fighting. This ad- turned away from any responsibility and public hearings. ministration consistently opposed that despite the terror in Sri Lanka, in This deployment may be more about strategy, long advocated by the major- Burma, and the decade of killing in fulfilling the President’s hasty com- ity leader, Senator DOLE. Now, admin- Cambodia. In Cambodia, peace was ac- mitment to NATO leaders. It may be istration officials define a military bal- complished when the parties were tired one to assert a new dominating role for ance as a key component of our exit of fighting, and the United Nations the United States in NATO affairs. strategy from Bosnia. How is it that provided a framework for reconstruc- To me, it is not a deployment to pre- aiding the legal Government of Bosnia tion, led by Japan and Australia—key vent the spread of war to Southern Eu- to defend itself was wrong for so long, regional powers. rope. I find it very interesting that in and now defines success for this deploy- The former Soviet Union and associ- the past, many on the other side of the ment? ated states present an entirely sepa- aisle scoffed at the domino theory American soldiers, air crews, ma- rate category of potential future con- when it was raised with regard to Eu- rines, and sailors will now be placed in flicts. Already, we have witnessed rope, Southeast Asia, or the even the harm’s way because this administra- fighting in Georgia, Azerbaijan, Middle East during the gulf war. It is tion failed to do what so many of us Tajikistan, Armenia, and Chechnya. remarkable now to hear that this civil urged—permit the legal Government of We in Alaska watch closely develop- war in 20,000 square miles of Bosnia Bosnia—permit the people of Bosnia— ments in Siberia, and I predict to the may spill over and proliferate into con- to defend their country, and their lives. Senate that we will see unrest and per- flict in Greece, Turkey, Hungary, Ro- The question now is whether we will haps the fragmentation of that corner mania, or Albania. All have been men- approve putting the men and women of of the former Soviet Empire before the tioned here on the floor, Mr. President. our Armed Forces at risk, to recover end of this decade. Procedurally, there is no basis in the from the mistakes and errors of the Many of these nations are artificial. NATO Treaty for this mission. The past 3 years. We should remember that. Within the North Atlantic Treaty defines a defen- In October, Senator INOUYE and I led former Soviet Union, within the former sive relationship between the signato- a bipartisan delegation to review the Warsaw Pact, and within the former ries focused on mutual defense. This NATO peace enforcement plan, and Yugoslavia, these are not natural na- action takes NATO in a new and un- evaluate the situation on the ground in tion states. Today in many of the charted direction. The President does December 12, 1995 CONGRESSIONAL RECORD — SENATE S 18415 so now under circumstances where the be? I believe we are weakening our de- that I am not able to do so. But after NATO alliance is described as so weak fense every time we use defense money extensive hearings in the Foreign Rela- that America choosing not to partici- for peacekeeping measures, and we will tions Committee and others, and after pate in this mission could destroy that pay the price. carefully examining all of the argu- alliance. Those are not my words. That I only need to point out the number ments and all of the information that is what we were told at the NATO of ships we are able to build a year. is available, I have concluded that headquarters when we visited Brussels. Figure it out someday, Mr. President. there are several reasons for being op- NATO officials told our delegation We build about six or seven now, and posed to the President’s action. that defense spending cutbacks by they have about a 20-year average life. I do not believe that they have made some NATO members have so reduced How can we possibly keep a 350- or 400- a convincing case that it is in our na- their military forces that they simply ship Navy with the current rate of pro- tional interest to take this action. I cannot do more than provide token curement for Naval forces? Or look at think that policy rewards the aggres- units to the NATO implementation the Air Force; it is coming down so sion that has taken place over the last force. NATO ministers presented us a rapidly. Or look at our tanks; it will 4 years in that country. But I think stark choice in Bosnia. We were either not be long until we will have tanks to probably the most definitive problem, to provide a military force for Europe send people to war that were built by as presented by the President’s action, or see NATO collapse. their grandfathers. is that there is no indication—not only I do not see why we should provide a The defense budget is not, as the have they not carried the burden of military force for Europe because of President said, an overloaded budget. proof, in my opinion, but there is sim- the threat that NATO would collapse. I It is an underfunded budget from the ply no indication—that this action will think that is one of the most remark- point of view of modernization, and meet with any success. I think the first able statements I have heard. that is really the problem we have thing we have to do with regard to that Is it true that our allies that we here. point is define success. joined together to defend against the I do not believe the American people It was pointed out a little earlier this monolithic Soviet Union are incapable want our troops in Bosnia. I think they evening that we would be successful of containing a small conflict in 20,000 want a very good defense force. They even if hostilities broke out before the square miles of Europe? want us to be able to keep our commit- 12-month period and we left. I respect- We are the world’s only remaining ments abroad. fully disagree with that assertion. Once superpower. The budget that I helped I do not believe a majority of the you think about it, it is certainly not present to the Senate that the Presi- Congress should support the Presi- that simple. If we were there for 2 dent approved for the Department of dent’s decision to send troops to months, 3 months, or 4 months and Defense is a good one, but it does not Bosnia, and I regret the President did hostilities broke out, and we simply keep pace with inflation. And I say to not consult the Congress, or consider took the position that, well, we tried the Senate that the bottom line is this our views—particularly the views of and the people who we are here to help Nation cannot provide for Europe’s de- some of those who were sent to Bosnia do not want to be helped so we will fense and Asia’s defense and the Middle to bring back a report to him. leave, we would be accused of cutting East’s defense. The American tax- This decision sets a very disturbing and running as we have been accused of payers should not, cannot, and will not precedent for me, Mr. President. I do before. That would be disastrous, Mr. shoulder this burden alone. If NATO not think the debate will change the President, for the United States of cannot do this without us, what is it policy the President has embarked on. America. that NATO can do now? I hope that some of our allies are lis- If, on the other hand, hostilities I have probably attended more NATO tening, and I hope more people ques- broke out, we were involved in hos- meetings than any Member of the Sen- tion our becoming involved to save tilities before the expiration of the 12- ate still here today, and I have been a NATO rather than to defend our na- month period, and we stayed, and we firm supporter of NATO all along. But tional interest. They are not synony- were in the middle of those hostilities I was appalled to be told by leaders of mous any longer, Mr. President. and engaged in those hostilities, we NATO that if we did not participate in I believe that the debate should cause would be in danger of being in a quag- this mission, NATO would collapse. our allies in Europe to recognize that mire, and Vietnam would be talked Mr. President, I will vote for the our commitment to NATO is not with- about a whole lot more than it has Hutchison-Inhofe resolution, and I am out limits and hinges upon Europe’s been here tonight. So it is not a simple proud to have worked with them and so willingness to act as a full partner in proposition. If this breaks down before many of my colleagues to bring this any military or political function. the 12-month period, it is not a simple matter before the Senate. I hope to be My hope is that the debate will cau- proposition for us to just turn around able to support also the leader’s resolu- tion the President also—will caution and leave. It would be a very big black tion. I hope it will come before the him not to commit us further without mark as far as the credibility of the Senate because I think we must not closer consultation with the Congress United States of America is concerned. only make a clear commitment to our and its leaders, and without the sup- I tend to believe that with the forces Armed Forces, which the leader’s reso- port of the American people. that we are putting in there and with lution will do, but I think we must It is my fervent hope that the debate the forces that NATO and other coun- have a resolution that will go to the will result in policies that will bring tries are putting in there, we can prob- President and that he must sign that these troops home as soon as possible. ably keep the lid on it for 12 months. I defines not only our role vis-a-vis the I can only say as I started, Mr. Presi- think there is a much greater likeli- Bosnian Moslems, but also the exit dent, that I regret deeply the decision hood that the day we leave hostilities strategy that we should pursue. to send them there in the first place. will resume. They say, well, again, we I do not enjoy finding myself in oppo- Mr. THOMPSON addressed the Chair. have tried our best. We will come out sition to any President. Our Constitu- The PRESIDING OFFICER. The Sen- all right if that is the case. tion makes the President the Com- ator from Tennessee. I respectfully disagree with that ar- mander in Chief of our military forces, Mr. THOMPSON. Mr. President, gument. That is not a definition of suc- and he has the authority to command. thank you. cess either. We will have expended He has the authority to deploy these Mr. President, I rise in support of the lives, Mr. President. They talk about forces. But the Constitution gives the Hutchison–Inhofe amendment in oppo- the estimate of 6 million mines being Congress responsibility also to provide sition to the President’s decision to scattered around in terrain like most for our common defense. send troops to Bosnia. of us have never experienced. Our col- How can we provide for our common I, like the Senator from Alaska, leagues come back and say you cannot defense if Presidents continue to send would like to be able to support the even get a truck, much less a tank, in our forces throughout the world for hu- President in regard to this matter. I most of these places. The terrain is manitarian and peacekeeping efforts to think the politics should end at the wa- vertical. It is not horizontal. We would Haiti, to Somalia, or wherever it might ter’s edge whenever possible. I regret expend, some people say, upward of $5 S 18416 CONGRESSIONAL RECORD — SENATE December 12, 1995 to $6 billion, not counting what some would suggest it is more than that. It tries hat in hand and asked for support people believe will be an extensive for- is apparently nation creating. Appar- and help to get this policy through eign aid package as we leave. ently the document calls for the cre- that the U.S. Congress, I believe, was Now, I think we would have spent ation of a new nation, basically divided very firmly in support of, the President something that is equally important, in half, populated by three ethnic said he was in support of, and I think certainly more important than the groups which have been warring with the American people were in support money part, and that is our credibility. each other for centuries. of. They turned a deaf ear to us. It would have been in vain. We would What is the likelihood that we can go Now they have taken the position have paid a price. We would have had in there and create that kind of new where apparently they have not seen another failed mission, Mr. President, government—or not create it. In all their own national interest and vital at a time when the U.S. military does fairness, I must say, it is not our job to interest of these countries very di- not need another failed mission be- create it, but it is our job to monitor rectly involved and convinced us in one cause of the leadership that has been and enforce the agreement, whatever fell swoop that it is in our national in- provided to them. that means. Monitor and enforce the terest to send ground troops over So with that definition of success, agreement. As I understand it, one of there. Not that we do not have any in- what is the likelihood of success? I the goals is to build down, as they say, terest at all, but is our national inter- think that if you look to the past or the arms on one side of this conflict est sufficient for us to send ground you look to the present or you look to and build up the arms on the other; troops? I think probably what this con- the future, there is very little, if any, presumably those folks who are losing flict did was catch us in mid-redefini- likelihood of success. These people the arms are going to sit back and tion of the role of NATO and our role have been warring with each other for allow that to happen. Apparently we in NATO. We have built down from hundreds of years. We have had 34 are to monitor and enforce the under- over 300,000 troops in the NATO coun- cease-fires before this one. No one has standing with regard to the refugees. tries to around 100,000 or so now. Obvi- made a credible case yet that they are As we know, some of these areas and ously, we see a different situation now not just taking another pause in the some of these very homes have changed that the cold war is over. We do not hostilities to reinforce themselves dur- hands. We are going to have people in have that big threat of aggression to ing the time of a bitter winter when one group being pushed out by people the NATO countries from the one su- they could not do much anyway. of another group, going to courts that perpower. It is a different world that Also, apparently, none of the parties are being run totally by one group. we live in, no less dangerous world but engaged in this process believe that the That is not going to be a very satis- a different world that we live in. other side wants peace. We can never factory resolution to the people who And the question here is a new one create a peace, Mr. President, until the are kicked out. And then we are sup- for us. That is, what happens, first, parties themselves want peace, regard- posed to leave a balance of power. If when you are engaging in not an ag- less of the actions that we take. His- there has ever been an indication gression situation but a so-called torically, they have not wanted peace where the United States or another peacekeeping situation and, second, it for a long time. With the mass murders country has gone into another area and does not involve a NATO country? It that have taken place just within the figured this out from a piece of paper, does not involve a NATO country. last few months, apparently, over there got the top help involved and figured I certainly believe a case can be and the continued atrocities and ethnic out how to create and enforce and made that we can become involved and cleansing that continue to go on, those leave a balance of power, I would like we could supply logistics, intelligence, feelings are not going to subside over- to know what it is. and other areas that we obviously have night, regardless of what has been put Nobody seems to ask the other ques- capabilities that some of these other on a piece of paper in Dayton, OH. tion, too: What does a balance of power countries do not have, without supply- They are still there. They are going to do? Does that cause people to lay down ing ground troops. linger there. Evidently the Croatians those arms? Does it cause them to say and the Bosnians did not think that we cannot fight now because we have a Should we be the one to initially step the Serbs wanted peace. They would balance of power? I would not think so. forward with a commitment to supply not even sit down to the table unless Some points that really must cause ground troops simply because we want the United States was there. Evidently one to think have been made because to have some involvement or support we do not think the Serbs want peace we are told that this is significant as in NATO? I do not think so. because one of the conditions that is far as supporting the President’s con- So it is too late now with regard to being talked about so much is that we cern but also supporting NATO. I think this particular venture. But I think we must equalize the forces. We would not the Senator from Alaska makes a very are going to have to step back and re- need to be so concerned about that if good point when he raises the question define our role there because we cannot we did not think the Serbs still had ag- whether or not this is something that afford to let NATO pull us into any gressive tendencies and would exercise is in our national interest or is it kind of conflict over there in another those tendencies the moment that we something that is in NATO’s interest part of the world, that if they had done left. and we have an interest in NATO, and the right thing in this particular in- What about present circumstances? therefore it is in our national interest. stance we would probably be in much Are there any indications of success If that is the logic, it is very ques- better shape than we are in right now. from this policy under present cir- tionable. For some time now NATO has Another argument that has been cumstances? You can just look and see acted as if this particular conflict and made, that is pause for concern to what has happened since Dayton and the resolution of it was not even in the those of us who are opposed to the come to the conclusion the answer is national interest of the countries in- President’s policy here, is the charge of no to that particular question. We have volved, much less NATO. For some isolationism. And the charge is made the leaders over here, some of whom time now they have resisted our at- that those who do not support the probably are trying desperately to keep tempts to lift the arms embargo, to try President are isolationists and do not from being branded war criminals, to reach some kind of resolution along see our country’s interests go past our making policies and putting things in the lines, as I read it, of what the Day- own borders. That is not the case. That an extensive document that their very ton accord seeks to do with regard to is not the case at all. people back in Sarajevo and other the arms portion of the agreement. I certainly believe that we must exer- places in the area are denouncing and I think it is important that we have cise a strong role. One of the things saying they will never live under—cer- a strong NATO. I think it is important that can be said positively about what tainly not encouraging conditions. that we cooperate with NATO. But I the President has done is that he has We are debating whether or not we think it is also important that NATO taken a strong stand. Unfortunately, I are nation building, and everyone cooperate with us. And they failed to think that it is an incorrect stand. But seems to agree that we certainly do not cooperate with us. The Secretary of I kind of admire the fact that he has want to get into nation building. I State went around to the NATO coun- taken a strong stand. December 12, 1995 CONGRESSIONAL RECORD — SENATE S 18417 If we had taken a strong stand some- So we have been presented somewhat commitment, not only in abstract what earlier in this country with re- with two bad alternatives. One is to terms in 1993, but in concrete terms gard to this particular area, and others support a bad policy; and the other is just a few weeks ago, the question is no I might add, we would be in a whole lot to do something which the administra- longer whether or not we as individual better shape. We would have a whole tion would urge might somehow under- Members of the Senate agreed with lot more credibility, and so would mine the effort. And none of us want to that promise or supported the Presi- NATO right now. do that. And I do not like that policy. dent’s policies. So I think many of us see that we I mean I do not like that choice, that Charles Krauthammer wrote in the have to exercise a leadership role. We Hobson’s choice. Washington Post last Friday: do live in one world. We say that we do But on balance, I think it is much It does not matter that we should not have not want CNN running our Nation’s worse to establish a precedent that if a gone into Bosnia in the first place. It now policy, and it should not. But CNN is President can quietly enough and rap- matters only that we succeed. there. It has arrived. When we watch idly enough make commitments and Regrettably, I find that to be the ab- atrocities in parts of the world, it af- come to the U.S. Congress and say it is solute and incontrovertible truth. Let fects us. It does not mean that we have a fait accompli, the Congress does not us not fool ourselves that this is an to be involved in each and every one, have the right or the obligation to look easy task. We are going into Bosnia to but it affects us as a nation. And when into the underlying action, that is a create or perhaps to preserve in part a we see in an area where we can take bad policy and I do not think we should pause in fighting between bitter, 600- some action, such as lifting an arms subscribe to it, and therefore, I will year-old enemies. Success will not be embargo, for example, and we sit back support the resolution. I thank the easy. But now that we are there, now year after year and do nothing, I do not Chair. that we are the leaders of the NATO think that helps us. I do not think that Mr. GORTON addressed the Chair. forces in Bosnia, it is absolutely essen- helps the United States of America and The PRESIDING OFFICER. The Sen- tial for the future of this country, as what we are supposed to stand for and ator from Washington. well as for the future of NATO, that we what we are as a people. It does not do Mr. GORTON. Mr. President, from succeed. As a consequence, our first us any good, I do not think. the beginning of the present Bosnian task is to define success. So all of that is true. But I feel like conflict during the Presidency of Are we going to build a parliamen- the policy here at hand is not only mis- George Bush, I have opposed an imme- tary democracy in Bosnia? guided, but will wind up fueling the diate American participation in it in Of course not. Are we going to rec- very isolationist tendencies that the any fashion that would risk the lives of oncile six-centuries-old enmities after supporters of this policy decry. Be- young American men and women. hundreds of thousands of people have cause if, in fact, it is isolationism that From the beginning of that conflict, been killed and millions displaced in a got us here, because we did not have during the Presidency of George Bush, 1-year period? Of course not. the strong effort by NATO—and we as a I have favored the lifting of the arms Then, Mr. President, what is the defi- country perhaps made some mistakes embargo against the Bosnian victims nition of ‘‘success,’’ assuming that the in not having a firmer hand in many of Serbian aggression, on the premise President keeps his commitment to different respects with regard to this that it was not only unfair, but im- withdraw our troops at the end of a 1- part of the world some time ago. moral to treat identically the aggres- year period? The only possible defini- But now if, as all indications would sors and the victims of that aggression. tion of success, it seems to me, is that point toward, this turns out to be a The Bosnians, it seemed to me, as it when we leave, the Bosnians are able to failed policy, if hostilities resume, if did to most Members of this body, de- defend themselves against further ag- we have to leave prematurely or hos- served at least the right to fight for gression; that a peace, not arising out tilities resume after we have left, hav- their own freedom—a right which they of reconciliation, can at least arise out ing spent billions of dollars and many have effectively been denied. of a balance of power and a feeling that lives of our young people, that is going Everything in history and logic and the acts of the last 5 years cannot be to cause people to be very, very reluc- our intuitions told us to oppose the repeated. tant, much more reluctant than other- kind of action in which the President is It is exactly at that definition of suc- wise to get into the next conflict where engaged in at the present time. Even cess that the resolution proposed by we might have some national interest. the peace treaty we are there in part to our distinguished majority leader, ROB- So we must husband our resources enforce is an unjust treaty which ERT DOLE, is aimed. The vague and un- with a certain amount of wisdom, dis- leaves the aggressors in possession of certain promises that the Bosnians be cretion. And the President should not most of the areas which they con- equipped in such a way that they can come to the U.S. Congress and say that quered and in which they engaged in defend themselves in the agreements in this is a fait accompli, and you should some of the most horrible war crimes Dayton are sharpened and strength- not look to the underlying policy. That in recent history. ened in this resolution by the insist- is what we are faced with here. In 1993, some 2 years ago, President ence that we assure that these people, The role of Congress has been ren- Clinton made what appeared to be a these victims, be able successfully to dered essentially a nullity. As far as casual remark to our Europe allies. He defend themselves at the end of a 1- these resolutions are concerned, I feel promised that American Armed Forces, year period. like it is important that we express specifically ground troops, would par- If that is the case, Mr. President, and ourselves. But I think it is even more ticipate in a Bosnian peacekeeping ef- only if that is the case, will we and our important for this reason. If we express fort as and when such a peace were NATO allies be able to leave Bosnia ourselves here and the President knows reached. I am convinced that then, as without an automatic renewal of the that we do not take to the idea that we today, President Clinton did not under- civil war. And only if we are able to are not entitled to look at the underly- stand the consequences of that prom- leave without that automatic renewal ing policy, if he knows that underlying ise, especially as it came as a promise taking place, can either we or NATO policy will be debated—any President— from the leader of the free world. claim to have been successful. and will have to see the light of day Mr. Clinton’s proclivity to tell people The North Atlantic Treaty Organiza- and the details will be examined and whatever they want to hear at the time tion has been the centerpiece of the will not be rubberstamped, even if the in which they want to hear it is well foreign policy of the United States troops are on the way, then perhaps it documented here in the United States. since 1948. It has been and it remains will change some Presidential actions But what the American people will per- vital to the peace not only of Europe in the future because those things are ceive simply to be a flaw in the Presi- but to the rest of the world that NATO going to continue to occur throughout dent’s character in the rest of the continue and that it be credible. As a the rest of our history, I would assume. world could precipitate a catastrophe consequence, even though NATO may It is a much more dangerous world in in our foreign policy. have, as I believe it has done, made an many respects that we live in today And so, Mr. President, as we meet erroneous and unwise commitment, than ever before. here this evening, after the President’s and even though the President of the S 18418 CONGRESSIONAL RECORD — SENATE December 12, 1995 United States may have done and has perspective of leaving Bosnia at least four major issues that I have been in- done, in my view, an unwise thing in not as terrible a place as they found it. volved in since I have been in the Sen- entering into this commitment, we The only way I have discovered at this ate for some 5 years and in the House now must honor it. We must honor it in point to do that, Mr. President, is to 6 years before that. One was the Per- a way that protects, to the best of our support the initiative of our distin- sian Gulf war. It is not easy when you ability to do so, the security of our guished majority leader. stand here, knowing the vote you make troops on the ground during the time Our constituents—all of our constitu- may cost American lives. It troubles that they are there and gives some rea- ents—are frustrated by this venture. It me very much to take the floor of the sonable degree of assurance that the has not been appropriately defended by U.S. Senate in opposition to any Presi- war will not recommence immediately the President. His casual promise of 2 dent, including President Clinton. upon our leaving. years ago should never have been I served in the Vietnam war under Mr. President, every one of us in this made. But each of these is a bell we President Johnson. I disapproved of body knows that the Congress of the cannot unring and, at this point, we President Johnson’s policies. I did not United States will not and cannot exer- must look forward and do the best we think he conducted the war properly. cise the only full authority it has, and can for our troops, our country, and But I was proud to serve in the mili- that is to cut off any funding for this our alliance. That, I am convinced, we tary and do my duty. I never had a sec- Bosnian venture. A Presidential veto will do by supporting Senator DOLE’s ond thought about that, as most mili- on the assumption that there might be resolution. tary people do not. But I cannot sit a majority in both Houses for cutting Mr. SMITH addressed the Chair. idly by and say nothing and watch our The PRESIDING OFFICER. The Sen- off that funding would not be over- troops being sent into harm’s way, Mr. ridden. The President has committed ator from New Hampshire. Mr. SMITH. Mr. President, I rise in President, without a coherent policy our troops to Bosnia. He is going to support of the Hutchison resolution in and without a compelling military mis- carry out that commitment, whatever opposition—strong opposition—to send- sion. And there is no coherent policy the oratory on this floor, whatever the ing American forces into Bosnia. I was and there is absolutely no compelling resolution that passes this body. We, quite interested in the remarks of my military mission. therefore, if we are to be wiser than the These men and women are not friend from the State of Washington. In President has been, must try to see to listening to his remarks—and I know trained to be 911 response teams. Police it that the troops who are there are other Senators on the floor, Senator departments do that pretty well. These there under the best possible cir- men and women are trained to fight for BROWN, served with me in Vietnam—I cumstances, as undesirable as those could not help but think of terms like the national security of the United circumstances may be. We must try to ‘‘Vietnamization.’’ I remember the States. That is not why they are going see to it that they are there for the charts, the McNamara charts and the there. So they are going to be put in shortest period of time possible, and pointers, how, if we would just supply a harm’s way, doing things they were not that when they leave, the world can little help, we could be there a little trained to do. say that their intervention has been a while and the South Vietnamese would Over the past 3 years, many of us in success. soon be able to take over the war and this body have spoken out loudly and Mr. President, I believe that the dis- fight their own battles; if we could just clearly on lifting the arms embargo, tinguished majority leader and those secure the peace, everything would be which has denied the Bosnia Moslems who have worked with him on his reso- all right. the ability to defend themselves. They lution have charted the only possible Mr. President, 58,000-plus lives later, have a right to do that. Bosnia is their course of action that can meet those we gave it back to the North Vietnam- country. Those of us who have advo- goals. ese. cated lifting the embargo believe that We, as Americans, can have only one I remember then, very much so, as a because it is their country, the Mos- President at a time. All Presidents are young man of draft age volunteering in lems deserve the opportunity to defend fallible and, I must say, I think this the Navy to serve, I remember then it, to protect their families, their prop- President is particularly fallible. As a Presidents making commitments. And erty, their culture, against a Serbian Member of this Senate, I supported although this is not Vietnam per se, onslaught. Do you remember the safe President Reagan when he ordered air the parallels are very similar because, havens? They were not very safe, but raids on Libya. I supported President as the President must know, and as all they were told they were safe. They Reagan when he liberated Grenada. of us participating in this debate know, were herded into them and executed by And I supported President Bush when and as the American people know full the Serbs. he proposed, ultimately successfully, well, the majority of the American peo- If the President, President Clinton, to liberate Kuwait. I must say that ple do not support our involvement had accepted this recommendation none of those decisions was nearly as here. The difference is that we can that many of us made, including the difficult as this one is, because in each stand here on the floor and debate this, majority leader, here on the floor and case, I believed that the President was and we know that, regardless of what exerted firm leadership, we would not doing the right thing. But in a certain we say here or what we debate here, be having this debate. We would not be measure, even then that support was the President is going to—indeed has sending troops to Bosnia. They would granted because the President, who already begun—proceed to send troops not be giving up Christmas with their was in charge, was our Commander in to Bosnia. So perhaps we are wasting families to go to this far-off land, to be Chief and deserved every benefit of the our time. put in harm’s way. We would not be doubt. I think it is important that people doing it. Why? Because the Moslems I do not believe we can appropriately understand that, yes, we are debating would have been able to defend them- grant that benefit only to a President it and, yes, the President made this selves if we had just—we did have to of our own party or a President with commitment 2 years ago. But there is arm them. All we had to do was step whom we agree. As a consequence, as somebody’s son and there is some- out of the way and let them be armed. reluctant as this assent is, I believe we body’s daughter that, probably prior to But we did not do it. So I am not must assent to what the President has Christmas, is going to be off some- swayed emotionally or any other way done, at least to the extent of strongly where in this far-off land without the by the fact that this President made supporting our troops who are faced full support of the American people for some commitment 2 years ago to with an extraordinarily difficult chal- having them go there. They will have NATO allies. I am not swayed in the lenge, giving them the greatest pos- the support of the American people and slightest, because if things go wrong, if sible opportunity to carry out their this Senator’s support when they get it looks bad not to go, how bad is it mission successfully from the perspec- there, but that does not mean we have going to look when we leave, after tive of defending their own lives and to endorse the policy of sending them things get rough? security and successfully from the per- there. Are my colleagues here prepared to spective of defending their own lines I do not take participation in this de- come down on the Senate floor if, in and security and successfully from the bate lightly. There have been three or fact, something goes wrong—and I pray December 12, 1995 CONGRESSIONAL RECORD — SENATE S 18419 it does not—and when casualties occur? about it, who never served in the mili- very much. The issue here is not I remember that, too, in Vietnam, Mr. tary, and specifically avoided serving whether our Armed Forces should be President, very clearly. I remember in the military, understands that, to be called upon when necessary to defend when there were 2 or 3 a week, and I re- candid about it. The only argument I our interests abroad; rather, the issue member when there were 350 a week hear coming from the White House spin is, when, where, and under what cir- coming home dead. The American peo- doctors in support of the President’s cumstances is it appropriate to deploy ple then lost interest in the war be- policy is the assertion that President U.S. military personnel in and out of cause they never supported it in the Clinton has made a commitment to our area operations? That is what the mili- first place, and brave young men and allies, and if Congress were to reject tary is all about. It is troubling to me women died because of that. That could this commitment, it is going to destroy that even after 3 years of on-the-job happen this time, and I cannot believe our credibility and destroy our reputa- training the President still—still—does that we are allowing it to happen tion in the international community. not understand the proper role of our again. That is no consolation, is it, to the Armed Forces. When will we ever learn from his- mothers and fathers, brothers, sisters I just left a meeting 15 or 20 minutes tory? A year ago, it was widely re- and kids of the American personnel before I came here to the floor. We ported that the President offered up to that are being sent to Bosnia? Frankly, were talking about the Defense budget. 25,000 American troops to help with- I think it is a disgrace. We were talking back and forth, back draw the U.N. protection forces from I hope the President will think, as I and forth among Members of both sides Bosnia. I joined many of my colleagues am going to think, before I vote tomor- of the aisle. A couple of comments were right here on this floor voicing serious row on this. If I have to make that made. Well, we do not think the Presi- reservations with that proposal. It is phone call—and I pray to God nobody dent will sign this bill. The President strangely ironic that 1 year later the ever has to make it—or I have to look is not going to sign, we are hearing, he President has committed roughly the a mother, or a father, or a brother, or is not going to sign the Defense author- same number of troops from the same another loved one in the eye, I have to ization bill which provides the support, service elements to enforce a peace be able to say to that person: Your son, increases the pay, by the way, of our agreement that, as of today, has not your daughter, your brother, your sis- military, the people that he is asking even been signed. Maybe it will be ter, whatever, died for a good reason. to go to Bosnia. He is not going to sign signed in the next day or so; maybe it There was a good reason for us to be a bill to give them a pay raise. That is will not. But we are already going to there. Can we really say that? I sure what is being threatened, hung over send troops, are we not? We already cannot. I could not say it. I cannot our head every day. But he made a made the commitment. We hear people look that parent or sibling in the eye commitment to somebody in NATO from all sides saying we are not going and say, ‘‘Your son or daughter died for without the consent of Congress, with- to support it. So we are going to put a good cause, a good reason, died brave- out consulting the American people. our American forces there in harm’s ly, yes, died courageously, yes, or was Without consulting anybody, he made way, without a peace treaty that we injured in the line of duty, courageous, that commitment. know will work. absolutely.’’ I think he has a commitment to Is that our responsibility? Why? Be- Know why? Some feel sympathy. those he is sending that he ought to cause CNN carries bloody footage every Some who have never served in the support. If he vetoes a Defense bill, he night from the war? There are other military do not understand. They feel is not supporting them. Anybody that places where blood is let every day, and sympathy toward those people who go. says he did not like everything in it, we are not there—Ethiopia, Somalia. They do not want your sympathy. They let me tell you, what is in it is the We were in Somalia, but we should not go where they are asked. They are the funding for those people that he is have been there either. There is at bravest, best, most ready military sending. least the appearance that when Con- force in the world, and they do their So when we debated here—I do not gress closed the front door on Bosnia duty. They do it better than anyone want anybody to accuse me or anyone deployment, the President decided to else in the world. That is why we else who takes the other side that we sneak around the back door to get the stopped Nazi Germany in World War II. are isolationists. I was not an isola- American troops involved. That is They do it because it is their duty to tionist when I served in Vietnam, and I what he did. He made an incorrect deci- do it. It does not mean we should ask was not an isolationist when I sup- sion. them to do it. That is a different story. ported every Defense budget to support The President has stated that our The American forces, the Armed our American troops since I have been troops will only be deployed to Bosnia Forces, again, are not to be subcon- in the Congress, and when I supported for a year. He has not articulated what tracted out all over the world whenever pay raises when he would not support the specific mission will be. He has not some crisis erupts. They are the guard- pay raises for members of the military. defined a concise timetable or sequence ians of our security, our liberty, our We have no military or economic in- of milestones for achieving our mili- national security. We ought not to terests—none—in Bosnia. The Amer- tary objectives. How can he possibly allow them to be needlessly or reck- ican people overwhelmingly oppose say that American forces will be there lessly endangered, even if the President this policy. They oppose the commit- for a year? He does not know that. has boxed himself in a corner. ment of 20,000 ground troops. Every- Sure, he can pull them out in a year, What is the President supposed to body knows that. Look at any poll. regardless. All sides know that. So if I say to Mrs. So-and-so when she loses That is the issue. The White House spin were an adversary in Bosnia, I would her son? ‘‘I got boxed in a corner, Mrs. does not cut it. Public relations gim- do one of two things. One, I would ab- Jones. I am very sorry. I made a com- mickry does not cut it. It does not solutely harass American forces to try mitment. I should not have made it, work. Nothing is going to change them. to create as many casualties as I could but I sent your loved one anyway, to be Let me briefly, for the benefit of my and get us out, or I would sit back and killed. I am sorry.’’ That is not good colleagues, highlight what I see to be do nothing and wait for a year. And, in enough, folks. That is not good enough. the critical unanswered questions asso- the meantime, during that year, how That is not good enough. ciated with the President’s Bosnia pol- many landmines do American forces Bosnian peacekeeping is not an ap- icy. step on? How many people die in simple propriate role for the Armed Forces of First, what is our exact mission in motor vehicle accidents, or airplane the United States. It is not what they Bosnia? What are we supposed to do? accidents, or other combat-related ac- are trained to do. It is not what they Are we there to make peace? I ask ev- cidents, in the line of duty? are trained to do. eryone to listen, are we there to make This is not a safe venture. When you Now, the administration has also peace, keep peace, enforce peace, or deploy 20,000 troops anywhere in one suggested that those of us who do not monitor peace? Which is it? Are we big operation like this, it is a high-risk support turning the American military neutral? Are we evenhanded, or are we operation. I am not sure the President into a Bosnian police force are some- realigned with the Bosnian Moslems? of the United States, to be very blunt how isolationists. I resent that charge Which is it: Keep peace, enforce peace, S 18420 CONGRESSIONAL RECORD — SENATE December 12, 1995 monitor peace, make peace? Are we from the North, and 12 years later we lot of lives at stake, and we ought to neutral, are we even handed, or align- left. And 2 years after that, the North ask these interrogatories. If we had ing with the Moslems? Does anyone Vietnamese tanks rolled back into asked them in the Vietnam war, we know the answer to that question? No South Vietnam. would not have lost 58,000 people. one knows the answer to that question. We saw it in Somalia. If you do not What if the Russians do not view us What is the difference between mak- like the Vietnamese example, you as being evenhanded, and they take ac- ing peace, keeping peace, enforcing think that is too hard on the President, tion to enhance, to boost the Serbs? peace, or monitoring peace? No one to look at. It is easy to get the troops What happens then? What happens knows the answer to that question. The in. It is a little tough to get them out, when the Russians and the Americans President does not know the answer to though. have a flareup over who is supporting that question. It has never been clearly The troops are deploying to this whom? What happens then? How do we delineated. treacherous terrain in the middle of increase the military capability of the Second, why are we deploying for 1 the winter, dead winter. There is no in- Moslems without involving or jeopard- year? Where did that come from? One frastructure to support tens of thou- izing the security of American ground year—we just pick these guys up, 9–1–1 sands of soldiers. Towns that are being forces? force, send them over there for 1 year. vacated by the Serbs under the peace I remember this debate a couple of Why not 10 months? How about a year agreement, told they had to vacate, are years ago. We were talking about it and a half? Fourteen years, 14 days, 2 being burned and sacked and ravaged. during the Bush administration. We years, 11 years—where did 1 year come Shermanesque; burned. What are they were talking about it during the Clin- from? going to be living in? Tents? Is there ton administration. The words ‘‘ground Can you imagine if Franklin Roo- housing over there? forces in Bosnia’’ was like raking your sevelt had said after Pearl Harbor, ‘‘We If they are not going to live in tents, fingers across a blackboard. It just will take your boys and send them out and many of the houses are being sickened you to think of. You could for 1 year. If we win the war, we will burned, and we have thousands of refu- just feel how much it hurt just to come back in 1 year. If we lose the war, gees that the President says are going think about it. I never believed that we we will come back in 1 year.’’ to come back home, with a shortage of would get to this point. Yet here we This is not Franklin Roosevelt in the housing, where are we going to quarter are. White House right now. He does not un- our troops? Did anybody think about Even if the U.S. forces are not actu- derstand, you cannot make a commit- that? ally delivering the weapons, and even if ment like that. You do not tell your How are we going to transport the they are not training the Moslems, how enemies what you are going to do heavy equipment in and around Bosnia do we avoid being linked to the Mos- ahead of time. If we do not know ex- with very few roads that are in shape lems? The Serbs know we are linked to actly what the mission is, how do we to be able to pass on? Are we going to the Moslems. They know that. So, know how long it will take to complete have to build those roads and build ironically, you have a situation where it? What sequence of milestones have those bridges? While we are building it could be beneficial to the Moslems to we established to determine our roads and building bridges, who is instigate some attack and blame it on progress? going to be protecting the folks that the Serbs. Or vice versa. It could hap- What happens if after this year, this are doing the building of the roads and pen. What do we do then? Is this Leb- little arbitrary year goes by, what hap- bridges? anon all over again? Do you remember pens if we have not achieved our objec- The Senator from Tennessee a short Lebanon? tives—we do not know what the objec- while ago talked about this. At what (Mr. BROWN assumed the chair.) tives are, but assume we have not point do we get sucked into the role of Mr. SMITH. Another question. What achieved them whatever they might nation building? Nation building? He about the thousands—and I mean thou- be—what do we do then? Pull the plug? even used the term, the Senator from sands—of Iranian fundamentalists who Leave and concede that the whole oper- Tennessee, Senator Thompson, said are already in the region supporting ation was a waste? ‘‘nation creating.’’ Arbitrarily, we take the Bosnian Moslems? They are not ex- How about that phone call? ‘‘Mrs. a map in Dayton, OH, and we say: actly our best friends, Iranian fun- Jones, we stayed there a year, we took ‘‘Here is a line here. Here is a line over damentalists. How do we defend some casualties. Unfortunately, your here. If you are a Serb, you live on this against terrorism or sabotage from son was one. We did not get it done. side of the line. If you are a Moslem, these professed anti-American forces? Unfortunately, they still want to fight, you live over here. If you are a Croat, Do you see what we have put our so we are leaving.’’ Maybe Mrs. Jones you live here. If three of you live in the American troops into? Is that what should know that now—not tomorrow, same town, we will split the town up a they are trained to do? Is that why not after her son is injured or killed— little bit.’’ That did not work in Berlin they went to Ranger school? Is that today. Maybe Private Jones ought to and it is not going to work here. It is why they joined the Marines and be- know that now, too. not going to work here. So we are came pilots and learned to fight for the Are the antagonists not likely to going to have to nation build. What security of their country? Is that what wait us out and launch hostilities as happens when we leave? they did it for? Is that what they were soon as we leave? Is it all for nothing if What about the Russian brigade that trained to do? we have not achieved our goal in a will be serving alongside American Since I have had a lot of ‘‘what year? Mr. President, 1,000 years these forces? There is going to be a Russian abouts’’ here, what about the Croats? people have been fighting over there, brigade of soldiers serving alongside How do they fit into this mix, a very and we will decide it all in a year. We American forces. I can hear the Presi- fragile mix? How will they view the will take care of it all in 1 year. We dent now. ‘‘That’s great. We can work buildup of Moslem military capabili- will come home in 1 year, and that will with the Russians.’’ Whose side are the ties? Are they going to be supportive? be it. All that fighting will end, all Russians on? Who have they been sym- Or are they going to be threatened? that 1,000 years, century after century, pathetic to all these years? The Serbs. Will they be emboldened to reignite we will take care of it in a year. Very What have we been doing to the Serbs hostilities against the Serbs, knowing ambitious. for the past few months under this that U.S. troops are in their corner ei- Maybe the President reneges on his 1- President’s policy? Bombing the blazes ther directly or indirectly? Who year commitment and he decides to out of them. Are the Russians going to knows? keep the troops there a little longer. sit back and allow the Moslems the op- Let me go to the final question. What How long is a little longer—14 years? portunity to achieve military parity? about the cost, not only in American How many years were we in Vietnam? Are they going to let that happen with lives or the possibility of lost Amer- The Senator in the chair knows we their clients, the Serbs? I don’t think ican lives—and one life, one, is too went there in 1961 to help the South Vi- so. many; one life. We have already spent etnamese get control of their govern- And what happens—I am asking a lot billions on military operations in and ment against the communist onslaught of interrogatories here, but there are a around the Adriatic. Navy steaming December 12, 1995 CONGRESSIONAL RECORD — SENATE S 18421 hours, rescue operations, no-fly-zone of American troops in harm’s way we gain? If we are successful—and I enforcement, offensive military oper- without having basic questions an- think any reasonable person would say ations, and now the preliminary swered. we might have a few years of peace, ground deployments have been enor- Do you think that President Roo- maybe, if we are lucky—we have a lot mously expensive. This has been taxing sevelt would have sent troops in World to lose, a whole lot to lose. the military over and over again. Mr. War II or President Truman would I have two teenaged sons. I can tell President, 911 in Somalia, 911 in Haiti, have sent troops to Korea without hav- you I have weighed the pros and cons. 911 in Cuba, 911 now in Bosnia. You ing these questions answered? Of They are not of military age yet, but think those dollars do not come from course not. Of course not. President they are not far away. No matter how somewhere? You think they do not Bush in the Persian Gulf had the ques- I do the math, no matter how I do the come out of training? Or housing? Or tions answered before he went. He math, each time I come up with one in- something? Some military equipment? knew what the mission was. That mis- escapable conclusion: We should not be Flying hours? You bet they do. sion was very simple: drive the Iraqis sending America’s finest to Bosnia. What does this President want to do? out of Kuwait. And he was criticized And I have to ask myself, would I want Cut the defense budget. Do not give for not going into Baghdad and killing to send them there? If the answer to them the $7 billion; we do not need it. Saddam Hussein. That is easy to criti- that question is ‘‘no’’—and it is—then I Cut it. Do not sign the defense bill. cize after the fact, but that was not the am not going to send anybody else’s Threaten us. We have been threatened mission. The mission was to drive them there with my vote. for the last 3 months by administration out of Kuwait, which is what they did. Bosnia is not our home. It is a ter- personnel here, and I know because I Can somebody tell me what the mis- rible tragedy. It is not our security in am on the Armed Services Committee sion is here? Again, peacekeeping, jeopardy. It is not our fight. and I have been involved in those peacemaking? What is it? When I think of the blood that we threats. ‘‘We are not going to sign it if I oppose as firmly, as adamantly, as shed for Europe over the years, what you do not do this or you do not do strenuously, and as strongly as I can we did in literally liberating the con- that.’’ sending American soldiers on the tinent of Europe, half of it, how could The administration estimates the 1- ground into Bosnia. I do not believe the we be criticized for passing on this one, year cost in dollars will be an addi- President has articulated a clearly de- Mr. President? Does that make us iso- lationist? Give me a break. We cannot tional $2 billion. How are we going to fined mission. I do not believe he has afford, nor do we have the moral au- pay for this? What other programs will articulated a rationale. And I believe thority, to be the world’s policeman. become the bill payer? How is readiness as deeply in my heart as I can that it The world’s leader, yes; the world’s po- being affected? How will this deploy- is a terrible, terrible mistake to send liceman, no. ment affect our ability to fight and win America’s finest to police this region, two major regional contingencies, as This is a European conflict. The Eu- to intercede and to take sides in a cen- ropeans themselves ought to resolve it, called for in the Bottom-Up Review turies-old conflict. and they can resolve it. It has nothing conducted by this President? That And if we get out of there and we do to do with NATO—nothing at all to do means two major contingencies. It not take casualties and we accomplish with NATO. It is a phony issue. The means, for example, if war broke out in it, God bless us. I hope that happens. NATO charter does not even mention the Persian Gulf and war broke out in But is it worth the risk? And the an- Bosnia. They are not members of Korea, just to use an example, that is swer is, no, it is not, and the American NATO. NATO talks about collective se- two different regions of the world. We people know it. curity, collective response when one of are supposed to be able to go right out We are taking sides in this case. We the nations of NATO are attacked. It there and take care of ourselves and are not going in there as strictly peace- has nothing to do with NATO. protect our interests in both of those keepers. We have already taken sides, Do not listen to that phony argu- regions, while we are cutting the mili- just as we did in Somalia, and we paid ment. It is not about isolationism. It is tary, while we are cutting readiness, for it when one of the warlords, Aideed, not about internationalism. It is about and cutting operation and man-hours. attacked our troops, just as we did in the proper role of the Armed Forces in And if the President does not sign the Lebanon when we took casualties. In international affairs. That is what it is authorization bill, even giving these each case, we paid a terrible price—a about: the proper role of the Armed kids a pay raise to go risk their lives in terrible price. Forces in international affairs. It is Bosnia—we are not talking about a big When are we going to learn from the about keeping faith with the men and raise either. The American people need mistakes of the past? When are we women who so selflessly serve our Na- to understand that some of the kids going to learn from history? tion in uniform day in and day out, de- who are going to Bosnia are probably I hate to say this, but I like to call it ployed all over the world. That is what on food stamps because they do not like it is. It is something that just this is about. make enough money, so they are eligi- makes it worse for me, and people are During this century, we spent hun- ble for food stamps. It is food for going to accuse me of taking a cheap dreds of billions dollars defending Eu- thought, Mr. President, before you shot. And I am not; I am just stating a rope against communism and against send them over there. fact. fascism. We sacrificed hundreds of I just listed a few dozen of the unan- This President, when he was called to thousands of American lives in Europe swered questions surrounding this de- go to Vietnam, went to Europe and in World War I and World War II. Then, bate, and we will not get the answers protested the war. He now is ordering after we finished, we spent billions before we send our troops over there these people into combat—possible more under the Marshall Plan to re- because they are already being sent combat, possible harm’s way—without build it, and then we fought the cold there. We are supposed to rubber stamp a mission clearly defined and without war. We maintained a robust military it. Without substantive answers to the support of the American people. presence in Europe throughout that these questions, it is irresponsible for There is no small irony there, Mr. cold war, and we equipped our NATO the Clinton administration to be com- President. allies with sophisticated state-of-the- mitting—let alone actually acting to If we authorize this misguided de- art aircraft and weaponry. And they deploy—thousands of United States ployment, and I know we will, or, even can use it along with their forces to troops in Bosnia. worse, if we acquiesce in it, and I know end this conflict, if they think they If you think of the Somalia situa- we will, we are just as culpable for its can end it. tion, when we lost a group of Army consequences as the President who sent We have done our part. We have done Rangers because we did not even have them there—just as culpable. it. How can anybody accuse us of being basic equipment because we did not I ask my colleagues to think it over isolationist because we do not support have access to it, we had to ask for it very carefully. Are you prepared to ac- sending American forces into Bosnia from one of our allies. That was a cept the responsibility for what may after all we have done for Europe? We small operation—a small operation. occur there? Are the potential costs have earned the right—we have earned This is a big operation with thousands worth it in dollars, in lives? What do it—to sit this one out. S 18422 CONGRESSIONAL RECORD — SENATE December 12, 1995 There is no reason that our allies men and women, whether we disagree I do not believe that a lot of Ameri- cannot begin assuming a more direct with the policy of the President or not. cans, nor do I believe that a lot of role in European security, and cer- If he sends them there, we have to sup- American parents who have sons and tainly no reason they cannot handle port them. But we do not have to give daughters in the military, believe we the Bosnian peacekeeping mission on him cover by saying he said he was are beyond that question. But in the their own. It is another 20,000 of their going to send them there; therefore, let discussion that took place at that troops. That is all. And, if not, if this us vote and give him the cover. We Armed Services hearing, we were told operation requires the full combat need to make the President understand the two vital interests that do require power of the United States of America it is a mistake. Maybe he will change us to send our American military per- because somehow this threatens the se- his mind. This is the chance we have, sonnel to Bosnia are, No. 1, United curity of Europe, then we are really the only chance we will have. We must States leadership, and, No. 2, European talking about something much larger support them and provide a unified stability. Those were the two vital in- than a peacekeeping mission, are we base of support to ensure their safe and terests. It was not the question of not? expeditious return home, not like when whether Bosnia is worth dying for. My colleagues, please, consider this I was in Vietnam and read about the With regard to leadership, approxi- very carefully. The American people protests. They have earned it. They are mately 2 years ago, members of the are watching. Lives hang in the bal- the best. Armed Services Committee sat down ance. Perhaps the moral essence of That is the sad, bitter irony of this with counterparts of ours from other America hangs in the balance, just like whole debate. These are the best, the European parliaments. We met here in it did when we deserted our people in best of America that are going into Washington, DC, and I remember ask- Vietnam while they died and we pro- harm’s way. These are not criminals. ing specifically the question of our Eu- tested in the streets. They are not people who are dregs of ropean counterparts, with regard to They are the ones who will be in society somewhere, castoffs, failures. Bosnia, the conflict that is taking harm’s way. They are the ones who are These are the best. These are the peo- place there, is that a situation in going to be in the mud and the cold and ple who go to the military academies, which you feel the United States the slush while we stand on the floor of and I nominate them every year, as do should take a leadership role? Are we the Senate debating. They are the ones all of my colleagues. These are the best supposed to go in there and resolve who will be away from their families at that we are sending into harm’s way, that? And I am paraphrasing, but they Christmas, missing their kids—not us. and they will have my support if they said no, that is our problem. That is in They are the ones who will be vulner- go, but I will be doggone if I am going our European backyard. We, the Euro- able to millions of landmines all over to cave in because somebody made a pean countries, must solve this prob- that country, put out there by all sides commitment 2 years ago that was lem, not the United States. of the conflict. They are going to be wrong, that will put them in harm’s Then we saw how the United Nations vulnerable to anti-American fun- way. policy began to be implemented. They damentalists roving the countryside. Mr. President, in closing, just let me placed the European peacekeepers in They are the ones who are going to be say, I pray that God watches over our Bosnia. And as we watched, we saw subjected to bitter hatred of combat- men and women in this policy that I routinely these peacekeepers being ants who have seen their friends and bitterly oppose, and I hope that my taken hostage. We saw these peace- families butchered before their eyes. colleagues will rise to the occasion and keepers that were being handcuffed to Peace and reconciliation in Bosnia is send a very strong message, and that potential target sites that bombing ef- a lofty goal, and I give the President message is sent here in this Hutchison forts might take out. But here were the credit for wanting it, as we all want it. resolution because it says very clearly peacekeepers handcuffed, held hostage. But is it something that American sons that we oppose you going, we oppose There was no peace that they were able and daughters should die for? Is it? Be- sending troops, Mr. President, but we to keep. Also, Mr. President, trag- cause that is the question. There is no will support them if you send them. ically, many of these peacekeepers other question that we deal with in That is a responsible action, and I watched as atrocities were inflicted this debate that matters except that hope that the President will heed the upon different groups in Bosnia be- one when you make that vote. debate here and change his mind before cause the U.N. rules of engagement did Is it something that those men and it is too late. not allow them to do anything else, so women should die for, whether they do I yield the floor, Mr. President. they watched these atrocities take or not? And let us pray they do not, The PRESIDING OFFICER. The Sen- place. This policy that was designed to but the question is, is it something ator from Idaho is recognized. resolve the problems of Bosnia was an they should die for? And I submit with Mr. KEMPTHORNE. Mr. President, I absolute failure, a terrible failure. the greatest respect to the President, thank you very much. Congress has been passing resolu- the Commander in Chief, and to my I think it is very important on an tions saying lift the arms embargo be- colleagues, the answer to that question issue of this magnitude that Members cause one thing that Americans believe is no, it is not. of the Senate take the time to outline in is self-defense. Unfortunately, the Let me end on one final observation. why they have come to the conclusions effort of passing in both Houses the I vigorously oppose this policy, as I they have. I serve as a member of the measure to lift the arms embargo was have said. But irrespective of the out- Armed Services Committee. We have rejected by the White House. come of this debate, I will do every- had a number of hearings dealing with The allies said, ‘‘Absolutely not. You thing in my power to ensure the safety Bosnia. Like the Presiding Officer of must not lift the arms embargo be- and security of our troops. Reasonable the Senate who is currently in the cause that could put our European people can disagree on policy, as many chair, I have gone to Bosnia, to Sara- peacekeepers in peril.’’ Tell me, what of us do here today, but I will tell you jevo, and have seen the area. greater peril could there be than what one thing, if this President sends them At one of our recent Armed Services was happening to those peacekeepers? there, which he is going to do, this hearings, I referenced a Time magazine But the allies insisted that that would Senator is not going to be silent if he where it had on the front cover a pho- be a mistake to lift the arms embargo. hoists that veto pen and decides to tograph of a young soldier. There was a Just some months ago, Senator DOLE veto the defense bill of the United caption on the front of Time magazine, hosted a gathering of Senators with States of America. and the question was, ‘‘Is Bosnia Worth the Prime Minister of Bosnia. I remem- No, this Senator is not going to be si- Dying For?’’ ber very clearly the Prime Minister of lent. This Senator is going to speak up So I referenced that and asked that Bosnia saying, ‘‘We don’t want your head to head with this President if he question to the witnesses who were boys to fight on our soil. We have boys pulls that stunt. That is not going to there who were advocating that they to fight. What we need are weapons.’’ happen without the American people supported this decision. And they told And he said, ‘‘We can respect the Unit- being fully aware of what is going on. me that we are beyond that question, ed States taking a neutral position. We As Americans, we must support these that that is not the question today. can respect that. But it is not neutral December 12, 1995 CONGRESSIONAL RECORD — SENATE S 18423 to deny us the weapons for our boys so is that we must have this rebuilding of ring factions, is it not ironic that that that they can defend themselves and the Bosnians. In other words, we need element dealing with the potential their families on our soil.’’ But that is to lift the arms embargo. buildup of Bosnian arms is only verbal? what the United States was doing. So Previously, our allies said no, you It is not in writing. To me that is much for neutrality. But the allies con- must not lift the arms embargo. But amazing, if that is the key to the mis- tinued to say, no, no to lifting the now apparently by paying the price of sion and that is the only thing that is arms embargo. So they stayed with a putting 20,000 American troops on the verbal. failed policy. ground in Bosnia, now everybody says, Mr. President, I do not feel that on Here is the incredible leap of logic this is the right way to go. Now we can an issue like this there is any room for that I just have a hard time grasping. achieve military equilibrium, which partisanship. I remember when I ar- And that is that with this failed United again is what we have been advocating rived here approximately 3 years ago, Nations policy, as carried out by our for months in this body and in the body one of the very first pieces of legisla- allies, the same ones who said that it across the rotunda. tion that I embraced and was proud to was their problem to solve, we are now I fail to see why this proposed de- cosponsor was the legislation by Sen- told causes a real question of U.S. lead- ployment is the acid test of United ator FEINGOLD, a member of the Demo- ership. The failed policy in Bosnia is States leadership when you consider cratic Party. I am a Republican. It did carried out by the allies, but now we how we got here. We did not need to not bother me at all because he was are told it is a U.S. leadership di- get to this point. There were other op- right. And his legislation was to lift lemma. tions, options such as lifting the arms the arms embargo. Warren Christopher, the Secretary of embargo as passed by Congress. I felt passionately about that. I still State, in fact, said the placement of With regard to the second point, on do, and it was a bipartisan effort. It our troops into Bosnia is the acid test European stability, the argument there was passed in a bipartisan effort. of U.S. leadership. Well, I have to ques- is that, if we were to allow this conflict I believe in this current situation, tion why we must put 20,000 troops into in Bosnia to continue, it would spread, Congress has been brought in too late. Bosnia to meet the acid test of U.S. it may spread to Greece, it may spread The commitment has been made. But I leadership. If there is any question to Turkey, and then we have vital will just add, this Bosnian problem did about U.S. leadership in the world, let United States interests, and, therefore, not just happen when the new adminis- me just discuss a few items that the we must contain this conflict, we must tration came into power. It had been United States is doing. not allow the fighting to go on; there- there, and we had not dealt effectively American forces are enforcing the no- fore, we are going to send an over- with it. fly zone and economic sanctions in the whelming force into Bosnia so there I ask myself to cast my votes based Balkans. American military personnel would be no fighting. upon what I think is the right thing for are enforcing the no-fly zone and eco- But ironically we are told, if fighting the country, the right thing for the nomic sanctions against Saddam Hus- does break out again —and there is troops and what sort of precedent I am sein. The American troops are helping that possibility—then the United establishing for myself in future votes to restore democracy in Haiti. And States will immediately leave and the of this nature. 40,000 American troops are preserving NATO allies will immediately leave. So Tonight, we had a meeting at the peace on the Korean peninsula. Also, the very reason we are going in there is White House, eight Senators met with 100,000 American military personnel to make sure there is no fighting, but the President, Vice President, Sec- are in Europe fulfilling our commit- if fighting breaks out, we leave. If that retary of State, Secretary of Defense, ments to NATO. America took the lead is not a paradox. Chairman of the Joint Chiefs of Staff, in negotiating the Bosnian peace agree- I asked the administration if there the National Security Adviser, and I ment. And that is significant. would not be a great temptation in appreciate that invitation to have that When I was in Bosnia, I saw Ambas- that instance, with an overwhelming sort of discussion in that sort of a set- sador Holbrooke, and I saw his tireless force, if they would not feel compelled ting so that we could ask the ques- efforts to bring about the settlement. to snuff the conflict right then, be- tions. But I will tell you, Mr. Presi- We are the world’s only military super- cause if that is the mission, you do not dent, after approximately 1 hour and 20 power. We are the world’s largest econ- want this to spread, perhaps you need minutes in that setting asking the omy. So how in the world does someone to snuff it right there. But, no, they questions, I came out convinced that then, from this list, draw the conclu- would not do that. we are following the wrong policy, we sion that our placement of 20,000 troops Therefore, I think that shows you the are following the wrong strategy. We into a piece of real estate called Bosnia flaw of this strategy. Instead of putting did not exercise the options that I be- is the acid test of United States leader- the troops in there that says, if there is lieve firmly we should have exercised ship? And also how can anybody, after a fight, we would immediately leave, and, in a funny, roundabout way, we reviewing this type of list, which is we should have a containment strategy are beginning now to try to implement simply a partial list, state that some- in the surrounding area so it cannot those but we are going to put 20,000 how we are advocating isolationism? leave. You lift the arms embargo and troops in there to accomplish, in es- This is not the list of isolationists. you allow the Bosnians to defend them- sence, the lifting of an arms embargo. Mr. President, we are told that the selves and, if it spreads, you have the But with regard to this situation, key to success of the mission is estab- borders and you stop it. We had op- like Senator SMITH stated, there will lishing military equilibrium. In other tions, Mr. President. be no question, there will be no doubt words, in order for us to ultimately We are told also with regard to an about my support of the United States complete the mission and return our exit strategy—I asked former Defense troops, the finest military personnel in troops home and the allies to go home, Secretary Schlesinger at a recent hear- the world. They are the finest, and we the Bosnians must have military equi- ing in the Armed Services Committee, will do all that is necessary, in the librium with Serbs and the Croats be- ‘‘Do you believe that we have an exit event that they are sent to Bosnia, to cause even as late as today we are told strategy?’’ And he said, ‘‘No. We have make sure they have the equipment, to that is the only way they can defend an exit hope.’’ That has been the di- make sure they have whatever they themselves and, if they are not allowed lemma of so many of our actions that need. In Somalia, we saw a problem be- to defend themselves, then it will not we have taken. We have not had an ef- cause, for political reasons, they were work. That is what the administration fective exit strategy. not given the equipment they needed. said. When we talk about this, again, that That will not happen. We support our That is exactly what many of us have the military equilibrium is a key to troops wherever. We support them. been saying for months, that if you do the exit strategy, with all of the dif- I believe that the Dole-McCain not allow the Bosnians to defend them- ferent annexes that were developed in amendment will be that perfecting res- selves, it will not work. That is why it Dayton that have been initialed, which olution that says in the event the has not worked. And now we are told will soon be signed in Paris, volumes of troops are sent, then there is going to that the key to success on this mission written agreements between these war- be a list of reporting requirements to S 18424 CONGRESSIONAL RECORD — SENATE December 12, 1995 Congress so that we are not left out of [From the New York Times, Dec. 3, 1995] mujahedeen and the weakness of the local milestones that must be met so that FOREIGN ISLAMIC FIGHTERS IN BOSNIA POSE A authorities. mission creep does not happen. I have POTENTIAL THREAT FOR G.I.’S ‘‘The problem,’’ a senior United Nations of- (By Chris Hedges) ficial said, ‘‘is that the local authorities not seen the final language of that be- have no control over the mujahedeen. The cause I believe it is still being worked PODBREZJE, BOSNIA AND HERZEGOVINA, Dec. mujahedeen are protected by the Bosnian on, but I believe that will be the in- 2.—On a bleak, wind-swept hilltop, bearded Government. They operate with total impu- tent. Arab soldiers, many in the traditional black nity. We do not know who controls them, I am a cosponsor of the Hutchison garb of Afghan fighters, stomped their feet perhaps no one.’’ amendment because, Mr. President, the to ward off the bitter chill, shifted their Many mujahedeen fighters carry Bosnian automatic rifles and cursed the impending terrible dilemma that we are in is that identity cards and passports, although they arrival of American soldiers. often do not speak the language. And West- the options that had merit were not ex- ‘‘The American tanks do not frighten us,’’ ercised with our allies. And I under- ern aid workers who report the frequent said a fighter, standing under a black flag theft of jeeps and vehicles by mujahedeen score ‘‘with,’’ because we must work covered with white Arabic script. ‘‘We came troops say the Bosnian police are powerless with our allies. We have been through here to die in the service of Islam. This is to enter their camps to retrieve the vehicles. too much together for us to not work our duty. No infidel force will tell us how to ‘‘We see them drive by in vehicles that today and in the future with our allies. live or what to do. This is a Muslim country, were stolen from international organizations But we now find ourselves in the situa- which must be defended by Muslims. We are and the U.N.,’’ said a British aid worker, who tion where a commitment has been 400 men here, and we all pray we will one day insisted on remaining unidentified. be martyrs.’’ made, and I respectfully and strongly The mujahedeen here are based in a four- With the crease-fire in Bosnia, these mili- story yellow building that was once a fac- disagree with that action. tantly Islamic volunteers known as mujahe- tory in the village of Podbrezje, three miles With that, Mr. President, I yield the deen, who fought alongside Bosnian Govern- north of Zenica, in what would be the Amer- floor, and I suggest the absence of a ment soldiers against Serbs and Croats for ican sector of Bosnia, and they are among quorum. much of the war, have turned their attention the Muslim volunteers who came to Bosnia The PRESIDING OFFICER. The to what they see as the other, often internal, shortly after the war started in 1992. The clerk will call the roll. enemies of the faith. fighters are revered in the Arab world, and The bill clerk proceeded to call the They are even suspected in the shooting videotapes that extol their bravery and dedi- roll. death last month of an American civilian cation are sold on street corners from Aden Mr. BROWN. Mr. President, I ask employee of the United Nations. to Cairo. Many of these 3,000 to 4,000 men are veter- unanimous consent that the order for The mujahedeen served as shock troops for ans of the war in Afghanistan and are often the Bosnian Army and have suffered severe the quorum call be rescinded. wanted in their own countries, linked to vio- The PRESIDING OFFICER (Mr. casualties in frontal assaults on Serbian and lent Islamic groups struggling to overthrow Croatian positions. All view the West, de- KEMPTHORNE). Without objection, it is the Governments in Egypt, Algeria, Saudi spite the scheduled deployment of some so ordered. Arabia and Yemen. In their zeal to enforce a 60,000 NATO-led troops, as an enemy of the Mr. BROWN. Mr. President, I want to militant form of Islam that most Bosnian faith they have vowed to give their lives de- share some additional thoughts with Muslims themselves do not espouse, the fending. Members of the body with regard to the fighters, distinctive in their flowing black ‘‘The American soldiers will be just like deployment of troops in Bosnia. beards, force United Nations vehicles off the the U.N. soldiers,’’ said a fighter wearing Some Members in their busy sched- road, smash bottles of alcohol in shop win- green combat fatigues and speaking in heav- ules may have missed articles that ap- dows and warn Christian families at gun- ily accented Persian Gulf Arabic. ‘‘They will peared in the New York Times and point to leave Bosnia. corrupt the Muslims here, bring in drugs and The mujahedeen have also vowed to kill prostitution. They will destroy all the work Washington Post, but for those who five British citizens in retaliation for the we have done to bring the Bosnians back to continue to probe this question and try Oct. 5 killing, by British United Nations true Islam. The Americans are wrong if they and analyze whether or not this is a troops, of a mujahedeen fighter who pointed think we will stand by and watch them do wise move, I wanted to share these a loaded pistol at them. this.’’ quotes. The killing of the fighter, a Bosnian Mus- The Bosnian-Croat Catholics who live near The first one is from the New York lim named Elvedin Hodzio who had joined this mujahedeen camp, one of about 10 in Times, December 3, 1995. It is a page-1 the majahedeen, is the kind of event United Bosnia, have suffered some of the worst har- story. The headline is: ‘‘Foreign Is- Nations officials say could easily trigger vio- assment. Many have been beaten by mujahe- lamic Fighters in Bosnia Pose Poten- lent clashes between the Islamic militants deen fighters and robbed at gunpoint. More and American troops. The British are now than half of the Catholic families in this vil- tial Threat for GI’s.’’ locked in a war of nerves with the mujahe- lage have been driven from their homes. The second paragraph reads: deen troops. When they flee, their houses are promptly ‘‘The American tanks do not frighten us,’’ Five days after the shooting, a rocket-pro- seized by the Islamic militiamen. said a fighter, standing under a black flag pelled grenade was fired at a United Nations Jazo Milanovic and his wife, Ivka, sat covered with white Arabic script. ‘‘We came military observer team along a mountain huddled by their wood stove one recent here to die in the service of Islam. This is road. The team’s armored car was destroyed, evening waiting for the police. At the house our duty. No infidel force will tell us how to but those inside escaped with slight wounds. of their next-door neighbor, mujahedeen live or what to do. This is a Muslim country, Two weeks later a British United Nations pa- fighters were carting out household items. which must be defended by Muslims. We are trol in the town of Zavidovici was sur- The fighters would finish their looting before 400 men here, and we all pray that we will rounded by about two dozen heavily armed the police arrived. one day be martyrs.’’ mujahedeen who threatened to kill the sol- ‘‘They walk in and take what they want,’’ The article continues: diers until Bosnian Government troops inter- the 68-year-old farmer said, ‘‘and the one They are even suspected in the shooting vened. time I protested to them they fired a burst death last month of an American civilian On Nov. 18, William Jefferson, a native of over my head. The bullet holes are still in employee of the United Nations. Camden, N.J., employed by the United Na- the wall. We will all be forced out soon.’’ I do not think it was widely covered tions, was found shot twice in the head near But it is not just the mujahedeen who have gained a foothold in Bosnia. There are at in the United States, however, the Banovici. United Nations officials strongly suspect that he was killed by the mujahe- least 10 Islamic charities in Zenica, includ- week in which I visited Bosnia, specifi- deen, who may have mistaken him for a Brit- ing one run by the Iranian Government, that cally the day before I went up to Tuzla, ish citizen. many Western governments view with deep an American had been killed. Most British aid workers, whose homes suspicion. The charities have budgets in the The article continues: have been attacked and spray-painted with tens of millions of dollars and work to build The mujaheddin have also vowed to kill Arabic slogans, have left Zenica. The few militant grass-roots organizations in Bosnia. five British citizens in retaliation for the Oc- who remain ride in unmarked convoys, Human Relief International, an Egyptian tober 5 killing, by British United Nations change their routes and never go out at foundation that is outlawed in Egypt, is one troops, of a mujaheddin fighter who pointed night. And the British Overseas Development such group. a loaded pistol at them. Administration office in Zenica has placed The 40 Egyptians who work for the charity Mr. President, I ask unanimous con- armed guards out front and removed its in Bosnia are all wanted in Egypt on terror- ism charges. Western diplomats and United sent to have printed a copy of the arti- signs. ‘‘This is worse psychologically than the Nations officials say the charities, along cle in the RECORD. shelling,’’ said Fred Yallop, the administra- with the mujahedeen, have combined to cre- There being no objection, the article tion director. ate a powerful militant Islamic force in was ordered to be printed in the The clash with the British has also pointed Bosnia that could be inimical to American RECORD, as follows: out to many aid workers the strength of the interests here. December 12, 1995 CONGRESSIONAL RECORD — SENATE S 18425 ‘‘We are all code red,’’ said Airman the regular armed forces and paramilitary time it was over a day before we got a Elhamalaway, who works for the Egyptian groups. response. In the north, when our fliers charity. ‘‘If we ever go back to Egypt, which Within the last several weeks, non-Bosnian went on missions, we had the Pentagon Islamic troops have stepped up attacks on we will not, our names come up bright red on schedule the majority of those flights, a computer so the police know we should be western troops and civilians. They fired a immediately arrested.’’ rocket-propelled grenade at one U.N. vehicle and they dictated the road of ingress and the path of egress, and dictated the Mr. BROWN. Mr. President, the point and attacked several others with small arms flight level at which you could come in. of the article, and the reason I share it fire. Also recently British soldiers who are part If you did not finish a target, you with Members, is simply to make a of the U.N. peacekeeping mission killed a would go back into the cycle for clear point. This is not a benign action. member of one Islamic group, who they said retargeting, done in Washington, not in This is an area where there are serious pulled a pistol on them. Shortly afterward, the field. Generally, the Vietnamese problems that have not been resolved the group retaliated by killing American ci- knew how long that cycle took and by the peace agreement and where vilian worker William Jefferson, 43 of Cam- they knew when you would be coming there are forces that can inflict harm den, N.J., whom they mistook for a Briton back, they knew the altitude you on American troops. because he spoke with an accent, defense an- alysts said. The Bosnian government told would be coming in at, the altitude you I understand and appreciate Amer- United Nations officials it had captured and would be addressing at, the course you ican troops are willing to face dangers, killed the three Islamic soldiers involved. would be taking into the target, and face combat, but it would be foolish for Although the Dayton accord calls for all the course you would take away from any Member of this Senate to think foreign fighters, including mercenaries and the target. Mr. President, we set our that we are sending people into an area trainers, to leave Bosnia, defense officials people up for turkey shoots. that has been cleared of danger because acknowledge that they have little hope that So I thought it was a legitimate of the peace agreement. any of the parties can, or are willing, to per- Mr. President, I also ask unanimous suade the Islamic groups to leave. The question to ask specifically what the Bosnian government has given them tacit rules of engagement for our missions consent to have printed in the RECORD approval to operate in its territory because a similar article from the Washington into Bosnia would be. As Members will they are good fighters and have helped it win recall, in Vietnam we ruled out of Post dated November 30. battles. There being no objection, the article ‘‘There are certain elements of the Bosnian order some of the best targets. I know was ordered to be printed in the government who don’t want to separate of Secretary McNamara’s book. I read it. He goes to great length to talk RECORD, as follows: themselves from these particular elements,’’ said the defense analyst, who spoke on the about all the targets he allowed. He [From the Washington Post, Nov. 30, 1995] condition he not be named. ‘‘They will find a left out that the most important tar- FOREIGN MUSLIMS FIGHTING IN BOSNIA way of hiding these elements, to merge them gets were ruled off limits. I thought a CONSIDERED ‘‘THREAT’’ TO U.S. TROOPS into’’ the regular armed forces. legitimate question was, if we were at- (By Dana Priest) A civilian who has worked with the tacked by forces from Serbia, would we The Pentagon is seriously concerned about Bosnian government said the United States the threat posed to American peacekeeping is trying to ‘‘put some heat’’ on Turkey, retaliate against the supply depots, troops in Bosnia by several hundred Islamic Saudi Arabia and other countries with some against the bridges, or against the fighters who come from outside the country financial influence over the groups, to make forces that originated the attacks or but are based in the Bosnian region that the them leave. ‘‘These guys are mean,’’ he said. supported the attacks on the American U.S. military will control, officials said yes- ‘‘You’ve got to control them.’’ troops? That is what I asked in the re- terday. Mr. BROWN. Mr. President, I want to port. While land mines, bad roads, soupy weath- share with Members a concern that I This was a series of discussions on er and disgruntled rogue paramilitary groups had early on when we began to deploy October 5, 1993, before the U.S. planes also are listed as likely hazards for western troops, it is the freelance groups of religious U.S. forces into Bosnia by the way of were shot down. zealots that particularly worry military aircraft. I was concerned about the Senator BROWN. Can you assure me that if planners. ground rules and the rules of engage- our troops are fired on, they will have the U.S. officials called the non-Bosnian Mus- ment with regard to aircraft. I specifi- right to return fire? lim fighters ‘‘hard-core terrorists.’’ Some cally raised with the administration a Ambassador Oxman. Yes. The rules of en- U.S. officials said they believe some of those series of questions as to what we would gagement would permit self-defense. Muslims were the ones who killed an Amer- Senator BROWN. We would be able to bomb do if Americans were attacked while supply bases of troops that attacked our ican civilian working for the United Nations they were performing routine air pa- on Nov. 19 in the northern city of Tuzla, troops? where the U.S. headquarters is to be based. trols. Frankly, my concern was that we Ambassador Oxman. Senator, I think I The investigation is continuing. would end up duplicating what hap- would not go further than to say there would ‘‘Many [of the Muslims] are very brave pened in Vietnam. Because our actions be rules of engagement which would permit fighters,’’ one Defense Department analyst in Vietnam is relevant, let me summa- NATO forces to defend themselves and carry said. ‘‘They have taken large casualties. rize that briefly. out the mission. They have taken on some important oper- U.S. troops were deployed in Vietnam Senator BROWN. Let me be specific. In ations and are willing to take some tough Vietnam, key bridges were put off limits, but not given the rules of engagement bridges that carried troops and vital supplies action.’’ that allowed them to quickly respond. They are, in short, the men willing to drive to the North Vietnamese troops. They used car bombs and take part in other suicide at- If a forward air patrol spotted enemy those supplies to attack American troops, tacks against western soldiers. Worse, there troops on the ground no action against and yet these key bridges were put off limits, is no obvious way to make them leave the re- those troops could be taken unless you and our planes were not permitted to attack gion. had been fired on. They could be carry- some of the most valuable targets of the Defense officials estimate that throughout ing in supplies or ammunition that enemy. Can you assure me that that will not Bosnia, there are ‘‘a couple thousand’’ fight- would be used against our troops. I re- be the policy if we send troops to Bosnia? ers from Islamic countries—including Alge- call one particular unit was carrying I found it difficult to get an answer, ria, Iran, Saudi Arabia, Afghanistan, Libya, the North Vietnamese flag. That was other than ‘‘they would have the nec- Pakistan and Egypt—who have fought with essary rules of engagement to defend the army of the Muslim-led Bosnian govern- not enough to allow engagement of ment against separatist Serbs. combat or use of airstrikes and naval themselves in order to carry out that Many of the foreign Muslims are based gunfire in the coastal regions. agreement.’’ around Tuzla, which is to become the head- What was required was for the air pa- Mr. President, we have experience in quarters for ‘‘Sector North’’ of the NATO-led trol plane to fly low enough so the Bosnia already. We detected ground-to- operation, the area to be controlled by troops were attempting to fire on you. air missiles, SAM missiles. We detected American troops. Many also operate from Once the troops fired on you, then you the radar that was following our three towns to the north of Zenica, which is were allowed to call in an airstrike. planes. We knew the locations of Ser- likely to define the southern border of the bian missiles. The U.S. intelligence U.S. sector. That airstrike called for approval by The foreign Muslim groups usually carry a variety of commands before a re- knew that. We publicly have acknowl- small arms and antitank weapons. Some, sponse could be made. edged that the Serbs had missiles that like the Iranians, are organized into their The quickest I ever had a response were ground-to-air missiles they could own brigades. Others have been blended into that allowed action was 2 hours. One use to shoot down our planes. We knew S 18426 CONGRESSIONAL RECORD — SENATE December 12, 1995 they were in the locations where our the very heart of this issue of when we c. Will strikes into Serbia or Croatia, if flights were going. We had detected the stand by our troops when they are in necessary to ensure the protection of Amer- radar from those units, and we still or- the field. ican troops, be authorized? dered our planes to fly the missions, This was submitted to Secretary of Answer. As specified very clearly in the Dayton agreement, IFOR’s mission is to im- and one of our planes was shot down. State Warren Christopher on October plement the military aspects of that agree- We are all aware of that. 17. I received the answer today. ment: enforcing the cessation of hostilities, But perhaps what some Members Question: withdrawal to agreed lines, and creation of a have forgotten is what we did in retal- If we receive information that attacks in zone of separation; and overseeing the return iation. My concern had been, in the Oc- violation of the peace agreement by Bosnian of troops and weapons to cantonments. The tober 1993 hearing, that we would not Serbs have received the full support of the forces, their training, their equipment, and respond, that we would give a message Serbian government in Belgrade, will we re- their Rules of Engagement (ROE) are geared taliate against Belgrade? that Americans are a punching bag and to these missions. IFOR will have complete freedom of movement throughout Bosnia. will not punch back. For those Mem- I think that is a reasonable question. If we know they have been involved in This mission will be even-handed. It is im- bers who have forgotten, let me review portant to keep in mind that the parties what happened. attacks against our troops, will we re- taliate against Belgrade, or put them themselves bear primary responsibility for They shot down our plane, even achieving the peace in Bosnia which they though we knew the missiles were off limits like they did in Vietnam? themselves sought, initialled in Dayton on there and did not cancel the mission. A. Will strikes into Serbia or Croatia, November 21, and will sign in Paris on De- We did not go after the missiles. We did should they violate the terms of the peace cember 14. agreement, be considered off-limits if the IFOR commanders will operate under pro- not go after the installation. After the safety of American troops is jeopardized? plane was shot down, we did not go cedures and rules of engagement that allow B. Will our rules of engagement include the them great flexibility in determining the after those locations. We did not bomb authority to take actions to cut off supply proper response to a violation of the agree- the bridges that brought those missiles lines from Serbia itself? ment or a threat to IFOR. This would help to the front. We did not bomb the sup- C. Will strikes into Serbia or Croatia, if ensure that violations are dealt with effec- ply depots where they came from. necessary to ensure the protection of Amer- tively and further violations deterred. Mr. President, what we did when they ican troops, be authorized? IFOR’s ROE authorize the use of force, up to shot down our plane was nothing. Now, That is pretty specific. If they attack and including deadly force, to ensure its own can you come up with reasons for not us, will we go after those who attacked safety and fulfillment of its mission. doing anything? Of course you can. But us? Obviously, IFOR’s mandate and mission The response is: focus on Bosnia and Hercegovina. I cannot what I want to call to mind for the speculate now on what the United States Members is this: What kind of message * * * IFOR will have complete freedom of movement throughout Bosnia. would or would not do against Serbia or Cro- do you think that sends to people who atia if it were determined that violations of would attack American forces? Does it That is helpful. It does not respond the peace accord were supported from out- encourage them to attack us, thinking to the question, but I think it is help- side Bosnia and Hercegovina. Such decisions we will not fight back? What kind of ful. would be made based on the particulars of message does it send to the parents of But let me share the response to the the situation. Americans who might die in combat to more specific aspects: Mr. BROWN. Mr. President, the rea- know that we do not even care enough IFOR commanders will operate under pro- son I quote that is because I am con- about our troops to defend them and cedures and rules of engagement that allow cerned about it. I am concerned that, them great flexibility in determining the once again, this country will send retaliate when they are attacked? proper response to a violation of the agree- Mr. President, I think the adminis- ment or a threat to IFOR. This would help troops into harm’s way and then turn tration was remiss in, one, not making ensure that violations are dealt with effec- their back on them. Mr. President, I sure that we moved against installa- tively and further violations deterred. submit this response of the Secretary tions that would fire SAM missiles It goes on in the concluding para- of State as some indication of what against us and, two, when it happened, graph, specifically, with regard to my may happen. It is not just the experi- not following up and retaliating questions as to whether we will go ence we had with the shot down pilot against those who did. What you have, after them if they attack our troops. where we did not respond when they in my belief, is a callous disregard for This is the Secretary of State: shot him down, and we did not go after those who wear the uniform of the I cannot speculate now on what the U.S. the surface-to-air missile emplace- United States. They deserve to be de- would or would not do against Serbia or Cro- ment—even at the start, they were un- fended and protected and stood by. It is atia if it were determined that violations of willing to give us a commitment that if a mistake for us to put them into com- peace accord were supported from outside Serbia attacks our troops we will go bat unless we are willing to stand with Bosnia and Herzegovina. Such decisions after them. them, and that is part of the problem would be made based on the particulars of Mr. President, I believe part of this of this mission. It is not speculation; it the situation. depends on what Serbs think we will is what happened in Bosnia already by Mr. President, I want to submit that do. If they think if they attack our this administration—Americans were entire question and response so the troops we will ignore it, they will be fired on, and the plane was shot down, record is complete. tempted to take a different course of and we turned our back on those who I ask unanimous consent that it be action than if they know we will re- wear our uniform in terms of protect- printed in the RECORD at this point. spond if they attack us. I think this in- ing or defending them. There being no objection, the mate- vites attacks. I think the vagueness of Mr. President, I want to follow up. rial was ordered to be printed in the our commitment invites attacks on our First, I want to pay tribute to the Sec- RECORD, as follows: troops. retary of State, the Secretary of De- QUESTION FOR THE RECORD SUBMITTED TO Mr. President, I respect the Sec- fense, and the Chairman of the Joint SECRETARY OF STATE WARREN CHRISTOPHER retary of State—and I understand how BY SENATOR HANK BROWN, COMMITTEE ON Chiefs of Staff. I have made an effort to he does not want to be pinned down— FOREIGN RELATIONS get all the information I could about but I respectfully suggest, Mr. Presi- Question. 5. If we receive information that this mission, and they have been, attacks in violation of the peace agreement dent, that this is the problem, a will- frankly, quite helpful in responding. by Bosnian Serbs have received the full sup- ingness to commit troops, and ask They have taken a great deal of their port of the Serbian (Yugoslav) government them to make the final commitment, time to not only try and respond to the in Belgrade, will we retaliate against Bel- in Abraham Lincoln’s words ‘‘without questions, but to be helpful in provid- grade? our willingness to stand beside them.’’ ing information. I think that is to a. Will strikes into Serbia or Croatia, In my book, if you are going to be their credit. I have great respect for all should they violate the terms of the peace true to those troops, if you commit agreement, be considered off-limits if the them to combat and somebody goes three of them. safety of American troops is jeopardized? I want to share with the Senate, spe- b. Will our Rules of Engagement include after them, we have an obligation to cifically, a question and an answer that the authority to take actions to cut off sup- defend them and to go after whoever I had asked because I think it goes to ply lines from Serbia itself? attacked them. There should be no December 12, 1995 CONGRESSIONAL RECORD — SENATE S 18427 doubt about it. That is part of what is rience of having been in the fields of any significant way in that war, he was wrong with this mission, an unwilling- Vietnam and having witnessed the kind discouraged from doing so. ness to stand squarely beside young of policy that we pursued there—in UNPROFOR, the U.N. peacekeeping men and women we put in harm’s way. leaving, in many cases, our troops force was sent in. I have spoken on this There is one last aspect I want to without either the military or moral floor on a number of occasions, written mention before closing. I heard some support that they deserved. articles for the Washington Post and very conscientious, intelligent Mem- He spoke with great eloquence and other publications, suggesting—no, not bers who I have enormous respect for passion, and I think his words should suggesting, but declaiming, that it was come to this floor and say, be given serious consideration by all of an inappropriate mission for U.N. We think it is a mistake to send troops to our colleagues as we deliberate and de- forces to send blue helmets into that Bosnia but the Commander in Chief has bate this issue tonight, tomorrow, and region. It was inappropriate to send made the decision and it is not our role to beyond. these brave, heroic people wearing blue prohibit him acting as Commander in Chief If you watch the evening newscasts, helmets and flak jackets and carrying in dispatching troops. it is very clear our troops are heading very light weapons into a region that They may have said it in a different into Bosnia as we speak. The anchor- was so mired in conflict at that time. way, but in its essence it boils down to men are there cataloging the various It was an inappropriate mission for that—a deference to the President in vehicles that are rolling by, the num- them to perform. It was a ‘‘Mission Im- this regard. The doubt or concern bers of troops, the feelings and senti- possible,’’ in many ways, for them to about the decision the President made ments of the men and women who are perform. But those soldiers performed but a deferring to the President in being sent, the reaction on the part of that mission as well as they could, terms of the matter of deploying the the citizens that they are being sent to given their circumstances. But they troops into Bosnia. help defend. And various commentaries were put directly in the midst of an on- Mr. President, I most sincerely have being offered by military leaders who going war and asked to keep the peace. a different view of the American Con- have served in the past as part of the They were attacked without retalia- stitution and frankly of the logic of the U.N. force. tion. They were taken hostage. They governmental process. I do not know It is interesting to get their different were humiliated by the warring fac- how any scholar can read the proceed- perspectives in terms of both the mis- tions who demanded that they pay ings of the Constitutional Convention, sion and how long it might be before tribute, that they give up half of their can understand the struggle for inde- we complete that mission. So our fuel, half of their food, half of their pendence that this Nation went troops are in Bosnia, and we have to weapons, whatever it was, to gain ac- through, can understand the cases that ask the questions: How did they get cess to the starving population that have come down from the Supreme there? What will they do there? When they were sent to help feed and clothe. Court, and not come to the conclusion will they leave? How will we ever meas- They were tied to weapons storage that the essence of the American expe- ure their success? sites to prevent any kind of attack by rience in constitutional government is I think it is fairly clear that the road the United States or Western allies. checks and balances. to Bosnia has been paved with good in- We had the anomalous situation—and The Founders believed in and per- tentions and poor judgment. The road the presiding officer, Senator BROWN, fected the system of checks and bal- has been littered with mistakes. We touched upon this—we had the anoma- ances as effectively as anyone has in can point to those in the past. I say lous situation of the military leaders the history of the world, and there that the early recognition on the part on the ground saying, ‘‘Please send in have been a lot of attempts. To look at of a united Germany of Croatia was one the cavalry, send in air support, attack the American experience and assume of those initial mistakes. I think the the people who are attacking us.’’ But, the President has unlimited authority new united Germany at that time was of course, the planes did not come and to commit our troops to combat situa- feeling its power, its diplomatic initia- the relief did not come because they re- tions and Congress’ only job is to sim- tive, and that prodded a number of ceived some hot air excuses from U.N. ply go along is to misunderstand the countries to follow suit too quickly in diplomats who held the keys to the effect of our Constitution. recognizing Bosnia-Herzegovina. weapons. It was a so-called dual-key I believe it is quite clear that Con- The West fell in line to applaud its— arrangement, which amounted to dual gress has a role to play. Tomorrow we the Germans—diplomatic initiative. nonsense to those on the ground. will play that role as we vote. But none When predictable war broke out, the of us should be under the impression Europeans, who were steeped in Balkan So, we watched the situation unfold that the Constitution allows us to duck history, said it is a local issue. It is with heroic blue helmeted soldiers car- our responsibility. The truth is, a dec- really not our problem. It is a domestic rying out their mission as best they laration of war comes from Congress, civil war. These tribes as such, these could, as atrocity was piled on atroc- and the ability to control the purse factions, have been making war for ity, until we could no longer stand it. strings comes from Congress. centuries. We are not going in. The final blow came when the artil- If we turn our back on our respon- So the United States was not about lery shell was launched into Sarajevo, sibilities under the Constitution we to intervene where Europeans feared to killing 69 innocent people and wound- will be just as responsible for this un- tread. If we had any inclination to do ing some 200 others. We continued to folding tragedy as the misguided Presi- so, if the Bush administration had any watch the evil of ethnic cleansing, and dent who brought it about. predisposition to going in to helping all the while the world stood by, pray- I suggest the absence of a quorum. solve that particular war, it was dis- ing for peace while the innocents were The PRESIDING OFFICER (Mr. couraged from doing so by domestic slaughtered. BROWN). The clerk will call the roll. politics. There were some in this Chamber, I The assistant legislative clerk pro- After all, President Bush had come point specifically to Senator DOLE, the ceeded to call the roll. off of a major victory in the Persian majority leader, who said we should Mr. COHEN. Mr. President, I ask Gulf. He was riding very high in the lift the embargo, multilaterally if pos- unanimous consent that the order for polls at that time but the charges were sible, unilaterally if necessary, and the quorum call be rescinded. he was too interested in foreign affairs, strike, if necessary, in order to prevent The PRESIDING OFFICER. Without he had neglected domestic issues. The the Serbs, at that particular time, objection, it is so ordered. Nation was suffering, and therefore he from continuing their assault upon safe The Senator from Maine is recog- should turn his gaze away from world havens, so-called safe havens. Lift the nized. affairs and concentrate on domestic is- embargo and strike, or simply lift the Mr. COHEN. I listened with interest sues. embargo and let them fight. And on to the presentation of the Senator from So if there were any inclination, and each occasion he was rejected. Colorado who is now occupying the I am not sure there was at the time, The administration said no, you can- chair. He delivered it with great pas- but if there were any inclination on not do this and you should not do this. sion. That passion stems from his expe- President Bush’s part to intervene in Our allies have said no. The President S 18428 CONGRESSIONAL RECORD — SENATE December 12, 1995 has said no. The United Nations has weight. Perhaps the negotiations will gress fashions a resolution that im- said no, it would endanger the be unsuccessful. So why should we take poses certain conditions, or seeks to UNPROFOR forces who are on the action at this point on a preemptive define the mission with greater clarity ground. By the way, United States, you basis to say, no matter what you arrive to remove some of the confusion and do not have any forces on the ground so at in the way of negotiation, we dis- the ambiguities that exist in the docu- do not be so quick to lift, or to lift and approve your sending American troops ments that were signed and negotiated strike. It would endanger the to help keep that truce? So we did in Dayton? Would the President in any UNPROFOR forces, and it would lead nothing at that time. way feel constrained by those condi- to more slaughter. And if we should act Also, we should be very candid about tions? And, of course, ultimately the unilaterally, then NATO would dis- it, if we had taken so-called preemptive answer is no. Secretary Perry was very solve, the U.N. forces who were there action to assert our constitutional au- clear, very direct. If he felt that any would leave, the United States would thority, our control over the purse resolution passed by the Congress in no longer have any credibility, and we strings, saying, ‘‘No funds appropriated any way posed a danger to our troops, would endanger the other embargoes under this account may be expended he obviously would recommend to the that exist on Iraq and other countries for the deployment of ground forces in President that he not abide by it. We who have engaged in, certainly, un- Bosnia,’’ and the negotiations then got into something of a semantic dual friendly behavior. failed, Congress did not want to accept with the Administration witnesses say- So, under the threat that we would the blame for it. So we backed away ing they will not ignore it, but they endanger NATO, that NATO would dis- and we waited. certainly will not abide by it. solve, nothing was done. The slaughter Now, I mention this all by way of a So this entire debate on what we are continued and the regions were preface to the debate over constitu- going to pass in the way of a resolution cleansed of their undesirables. tional power. Who has it? Does the has no ultimate, no practical, con- Last spring, President Clinton made President have the undiluted, unilat- sequence in terms of preventing the a pledge to commit up to 20,000, per- eral power to send troops to Bosnia, or troops from going there. More will be haps as many as 25,000 troops to aid the does Congress have the power? That is going shortly this week. extraction of U.N. forces, if it became a debate that cannot be resolved and So, Mr. President, I raise these issues necessary. That really was a shot will not be resolved during the course this evening because it is in stark con- across the Senate’s bow at that time, of this particular discussion. trast to what took place back during saying, ‘‘If you are going to insist on Who has the power depends upon who the debate on the Persian Gulf war. I lifting the embargo over the objection lays claim to it, who takes possession have a whole sheath of notes. I was of the President, over the objection of of it, who runs with it. I know the Sen- going to quote from speeches that were our allies, over the objection of the ator from Colorado is an attorney, made at that time by my colleagues on United Nations, then I am making a skilled in tax law and real estate law the other side. That might seem to be commitment as Commander in Chief. I and may recall from law school days a bit unfair, hitting below the intellec- will commit 20,000 American troops, that possession is 90 percent of owner- tual belt on the eve of a vote. But I sat ground forces, to help extricate the ship. Who takes possession of the this afternoon reading through their U.N. forces from that situation.’’ power and runs with it really deter- statements, and I was struck by the That was a pledge he made publicly. mines who has it, ultimately. passion with which they were deliv- I think, perhaps to his surprise, Presi- The fact is, Congress has yielded its ered, by the intensity of the charges dent DOLE—strike that for the mo- powers to the Executive over the years. that were made at the time should ment—Senator DOLE said, ‘‘I agree. If ‘‘Don’t vote to strike. Don’t vote to President Bush ever neglect to come to we have to get U.N. peacekeepers out lift. Don’t vote to disapprove before the Congress to get its approval. Some sug- of there in order to allow the Bosnian negotiations. Don’t vote to disapprove gested he would be impeached, or Moslems to defend themselves, that is after the negotiations.’’ Much of what should be impeached. a decision we will support.’’ we say and do really does not matter at In all candor, President Bush was not But that was the marker that was all, does it? Because the President has eager to come to the Congress. I recall laid down. We are going to commit U.S. said, ‘‘I really am not too concerned on at least two, possibly three, occa- forces on the ground in order to extri- about whether you approve or dis- sions going to the White House with a cate the peacekeepers in the event the approve, because I am going anyway. group of Senators and Congressmen United States unilaterally decided to The troops are going in anyway.’’ Even standing up in the East Room, and urg- lift the embargo or our allies decided if the House and the Senate were to ing the President to come to Congress the United States was no longer inter- vote overwhelmingly to disapprove the to get our approval. The President’s ested in pursuing a multilateral ap- sending of American troops to Bosnia, advisers at that time said, ‘‘He really proach and therefore said, ‘‘We are get- the President has already indicated does not need your approval. He has ap- ting out.’’ We would help get them out. they are going in any event. ‘‘It is my proval from the United Nations.’’ I do So, Congress retreated. We retreated prerogative. It is my power. I am going not know how many of us have sworn on that issue. We waited. We delayed. to keep the commitment I made to the allegiance to the U.N. We debated. We did nothing, until fi- NATO allies and I don’t really’’— But we, over a period of time, were nally we saw one atrocity too many. He cares, of course; I am able to persuade him that it was impor- We would strike, and we did strike, but oversimplifying. He cares, but not tant. I think from a constitutional we would not lift. And we saw an im- enough to say that he would abide by point of view he had the obligation to mediate reaction once we decided to the decision. come to get our approval. But even apply air power. The President sent off As a matter of fact, during hearings from a political point of view, it was an his chief negotiator, Secretary in the Armed Services Committee last imperative that he come and get our Holbrooke, to then hammer out a week, the Secretary of Defense, Sec- approval because you should never send truce. retary Holbrooke, and the Chairman of American forces into war, or into the Again, we hesitated. All of us in this the Joint Chiefs of Staff, were there to danger of a war zone in which they Chamber and the other Chamber as testify, and they were very candid might be forced into war, without the well, we hesitated. ‘‘Don’t interfere about it. I specifically asked the ques- solid support of the American people. with the President. He conducts for- tion: In the event that Congress should And, if you put our troops in such a eign policy. Don’t cut his legs off with pass a resolution disapproving the dangerous position, if you send them a preemptive vote of disapproval. sending of American forces into off to war without the broad support of Allow him to conduct this effort.’’ And Bosnia, the President does not intend Congress—after all, we reflect the we backed away. Once again, we de- to be bound by that decision, does he? views of our constituents—without ferred. And the answer was a very clear, that broad consensus, then you can an- We deferred because, No. 1, we as- ‘‘No.’’ ticipate what will happen. sumed, or at least thought, perhaps the The next question that follows onto When people start to die, when they negotiations will fail on their own that, of course, is, well, what if Con- start to be flown back to Dover in their December 12, 1995 CONGRESSIONAL RECORD — SENATE S 18429 flag-draped coffins, CNN cameras will DOLE, Senator LIEBERMAN, and others— mitting atrocities should be brought to be there to capture that. And the Senator MCCAIN. It was not a biparti- justice. In fact, he declared they would hearts that beat so loudly and enthu- sanship that was shared during the be brought to justice—Karadzic, siastically to do something to inter- Persian Gulf war even though there Mladic, to name two. Are we going to vene in areas where there is not an im- was a much greater identifiable na- hunt them down? Well, not exactly. If mediate threat to our vital interests, tional security interest there than they happen to wander into the area of when those hearts that had beaten so there is in Bosnia. This is much closer Tuzla or the areas that we will be pa- loudly see the coffins, then they to a humanitarian interest and a po- trolling, if we happen to stumble across switch, and they say: ‘‘What are we tential national security interest. But them in that region, then obviously we doing there? Why are our young men it is hardly of the magnitude and the can grab and apprehend them and bring and women dying in that region?’’ And immediacy as posed by the Persian them to justice. But that is not going the President at that time needs to Gulf war. to be our mission. We are not going to have the support of the Congress to So what do we do at this point? They hunt down war criminals. And so that say, no, once we commit our troops to are over there. More will be there later also has to be excluded as part of the a region, we have to stand behind this week. What we have to do is to mission of our young men and women. them. And the worst thing you can do lend our support to the troops. We are There are side agreements, annexes, to American credibility—once you send not going to undercut them at this which have caused me some concern them into battle and the casualties point as they are going into a very dan- and some need to seek clarification. start to mount—is to leave, to quit and gerous mission. We intend to support Apparently a part of our effort, con- leave before the mission is completed. them but to do so in a way that makes tained in Annex 1–B, has to do with That will do more to undermine Ameri- it clear why they are going, what they something called build-down. We are ca’s credibility as a world power, as a will do, and when they and we will going to seek an arms build-down in superpower, as a reliable ally, than know that it is time to come home. the region. anything we could possibly do. So we talk about exit strategies— Now, I have taken issue with this So that is the reason it is important, code word, ‘‘exit strategy.’’ Basically it publicly because it is a complete mis- it is critical, for a President to build means defining what the mission is; de- use of the term ‘‘build-down.’’ Build- the support for the deployment prior to fining the mission so you can measure down was a phrase that was coined making the decision—not the inverse, success, so you can say at the end of back in 1983 referring to a proposal not putting the troops there first and their tour of duty that the commit- Senator NUNN and I developed. Begin- then coming back and getting support. ment they made was exactly worth the ning with an article I wrote for The You have to build the support, give the price they are being asked to pay in Washington Post January, 1983, that reasons, persuade the American people order to achieve a certain identifiable talked about how we could force reduc- that it is our solemn duty and respon- goal. tions in nuclear forces as we modern- sibility to take action. And when peo- There is some confusion about this. ized them to make them more surviv- ple start dying, when sons and daugh- And that is why this debate is impor- able, more mobile. We needed to have a ters start dying, we are still going to tant. That is why it is important that more stable relationship with the So- carry through on the mission. If he we pass a resolution being as definitive viet Union, and therefore we wanted to does not do that, then he is going to be as we can, even if the President is get rid of these fixed, big targets that naked unto his enemies, because the going to ignore it. Whatever we say, it they had and we had. And one way to fact of the matter is, unless you have is important that we try to define what do that was to have more mobility and Congress on record in support of such we believe the application is, and fewer numbers, and so we formulated a action, when the public turns Congress should be. concept saying, for every one new mis- will be in full pursuit. And that will Secretary Warren Christopher made sile we put into our inventory, we take not bring credit to this institution. It a statement while in Dayton, and he two old ones out. And that is where the will not bring credit to the United indicated—at least to me the state- phrase ‘‘build-down’’ came from. States. ment indicated—that the mission was Well, we are not really seeking to put That is why I urged at that time to ‘‘assure the continuity of the single new modern weapons into the region President Bush to come to the Con- state of Bosnia-Herzegovina, with ef- and build them down on a 2-for-1 basis. gress. He did so, and he was able by a fective federal institutions and full re- That is the phrase that has been used. very thin margin to persuade the Sen- spect of its sovereignty by its neigh- We will use it for convenience sake, but ate and the House—a larger margin in bors.’’ Mr. President, no such state has it has no relationship to the actual re- the House but a very thin margin here ever existed. What he was saying is ality of what we are seeking to do. in the Senate—that it was in our na- that we are about to build a nation What we are seeking to do is have the tional security interest to see to it upon the ashes of a failed nation. No parties in the region reduce their arms. that Saddam Hussein did not remain in such nation ever existed for any period Now, if you or I, Mr. President, were Kuwait, and that he did not stand of time. Almost simultaneous with its negotiating an arms control treaty astride the oil fields of the Middle East recognition as a separate state, war with any of the parties involved that and threaten to go all the way to Ri- broke out. There has been no single directly affected our security, we yadh in Saudi Arabia. separate state with effective federal in- would never sign this agreement. We We talked about the implications of stitutions whose sovereignty is re- would be run out of office on a rail a tyrant, a dictator of his magnitude, spected by all neighbors on all sides. were we to sign such an agreement, be- standing astride the oil fields and what So is this going to be our mission? cause in essence it relies not upon ver- it would mean to international stabil- We raise this issue. The answer is no. ification, not upon independent assess- ity. We talked about his having bio- That is not our mission. ments but upon the declarations of the logical weapons, chemical weapons, That is nation building, but nation parties. We are going to rely upon the and, yes, even a nuclear capability and building is not something we are sup- Serbs to tell us how many weapons the possibility of developing inter- posed to be sending our troops to do. they have and where they are, and the continental ballistic missiles, ICBM’s. So there is to be no nation building. Croatians and the Moslems, all to And still we were only able to persuade That apparently is clear. There will be make a good-faith statement of the a few Members on the other side that it no resettlement of refugees under the weapons they have in their inventory, was important that he be removed aegis of American Forces. That is not and then we will see if we cannot help from Kuwait by force. going to be our task. There will be no to negotiate a relative builddown, arms I mention all of that tonight because organization or monitoring of elec- reduction to equal or semi-equal levels. the mood has changed, and the rhetoric tions. That is not our task. We have asked people in the business has changed. Suddenly we see a support In fact, there will be no hunt for war of making these kinds of judgments— coming forth for the President of the criminals. You may recall that Presi- former Secretary of Defense James United States on a bipartisan basis dent Clinton indicated he thought Schlesinger, former National Security thanks to the leadership of Senator those who have been charged with com- Council Adviser Brent Scowcroft, S 18430 CONGRESSIONAL RECORD — SENATE December 12, 1995 former Defense Under Secretary Paul Well, how and who? Who is going to bombs like we saw in Beirut, they will Wolfowitz—would you trust any of provide the weapons? Under what cir- come in the form of a sniper’s bullet. these individuals to declare their in- cumstances, under whose aegis? Are we Those are the kinds of things that we ventory, would you rely upon that? really fooling anyone? I quoted from a can anticipate will take place. Brent Scowcroft said he would not soul singer recently: Who is zooming Should we start to suffer significant trust any of them. I do not know how who? Who are we zooming when we say casualties between now and next Sep- many here would trust any of them. we are totally neutral on this mission, tember or October, then obviously the The history is not replete with accu- that we are evenhanded and neutral President will be under pressure to pull rate assessments and declarations and not favoring one side or the other? the troops out. So I raised the issue made by any of the individuals in- We ought to be up front about it. I with Secretary Perry. And to his cred- volved, any of the leaders, any of the know that causes concern for many, it, he was absolutely direct. He did not troops. saying if we in fact are going over to try to circumvent and he did not try to Yugoslavia, the former Yugoslavia, help make sure the Bosnian Moslems hedge and he did not fudge or try to en- in fact, is renowned for having hun- can defend themselves, when we leave gage in any kind of obfuscation. He dreds, if not thousands, of underground we are putting ourselves in danger. simply responded to my question. caves and caches where thousands of That may be the case. That may be I said: Is it unreasonable for me to weapons are stored. So now they are the case. But I would submit to you, assume that come next October a going to say, we have them all stored Mr. President, and to my colleagues, tranche of 2,500 troops will be coming in X, Y and Z and you can go in and leaving this in a state of suspended am- home? He said: Not at all. In fact, they take a head count for yourself and we biguity also puts our troops in danger. intend to start bringing the troops will agree to build down. We have to be very clear of what we are home next October, November, and De- Very few people believe that is going about. And so the resolution that will cember. to be possible. So the next question is, be offered tomorrow will in fact seek to So, really, it is not a truly 12-month well, if we cannot really guarantee define that our goal is to make sure mission, it is going to be, at least par- that there is going to be an arms re- that at the end of this period of time, tially, a 9-month mission. I raised the duction that will result in some sort of be it 12 months or longer or less, when 9 months because Secretary Perry said military equilibrium, then we have an we leave, the Moslems will be in a posi- in response to Senator WARNER: ‘‘Nine obligation to see to it that the Bosnian tion to at least be on a relatively equal or ten months would have been a time Moslems are put in a position that, playing field. one could have been quite suspicious when we leave, they will be capable of Now, is it going to be 12 months or about. But let me assure you that the defending themselves. Well, that means not? Our colleague, Senator WARNER, question never came to me, it was we are going to arm them in the alter- asked a very important question dur- never raised to me by the President, of native. ing the hearings last week. He sug- lowering this time from 12 down to 9 or What the resolution of Senator DOLE, gested to Secretary Perry that he was 10 months.’’ Senator MCCAIN, Senator LIEBERMAN, So, now at least we understand the and others says is we really have that troubled by the 12-month timeframe; troops will be coming home in Septem- wrong. If you are talking about an exit there seemed to be some political over- ber or October or certainly by Novem- strategy, the best we can hope to do is tones to that. Let me say here, as I said before dur- ber or December. I say that. It is a re- maintain a truce, a cease-fire for a ing the hearings, not for a moment do ality. It does not question the Presi- year—I will talk about the year’s time- dent’s motivation in sending them in. frame in just a moment. That is the I think that President Clinton made But it raises the issue, if we are really best we can hope to do. And during the decision to send troops into Bosnia planning on that kind of a strategy of that time, we have to see to it that the for any political purpose. There is ab- Moslems are going to be in a position solutely no political benefit that I can getting them out starting in Septem- to defend themselves when we leave, if perceive that will come from that deci- ber or October, then that really does war should break out. Otherwise, we sion. There is not much of an up side, accelerate the timeframe in terms of cannot declare that we have been suc- as we say in politics, from that kind of what we have to do in order to com- cessful in our mission. decision. A lot of down side to it. And plete the mission. If I had my druthers on this, I would so he is taking a very big risk. He is ex- So we have to be very clear on what do it in reverse. I would say, let us put ercising what he believes to be leader- we are seeking to do. If you ask any the parties in a relative state of equi- ship in the correct direction. We can other U.N. commander who has been in librium now, let us build up the challenge that or question that, but he that region and say we will be out of Bosnian forces now and then see if we is exercising leadership coming from there in 12 months, not to mention 9 can get them to agree to reduce to the Oval Office. months, they will shake their head and roughly equal levels and then leave. At And so I do not for a moment ques- say, ‘‘No, no.’’ The President of France least you would have a real incentive tion his motivation. I think he is doing said that we will be there for 20 years. at that particular point for everybody it because he thinks it is the right A Canadian commander who has been to negotiate in good faith. thing to do, which is not to say there there as part of the UNPROFOR forces Right now, we know from listening will not be political implications and has said that our grandchildren will be to the administration and to others overtones come next September and there, if we really are serious about that the Bosnian Serbs do not want us October. It is an election year. carrying out a mission to help build a to arm the Moslems. The Croatians do Hopefully—and we are going to pray nation. not want us to arm the Moslems. Our on this and hope on this and be pre- But, of course, that is not what we NATO allies do not want us to arm the pared for this—but hopefully we will are going to do. We are simply going to Moslems. Article after article is now never have a major confrontation be- maintain a cease-fire to keep the war- being written: Do not arm the Mos- tween any of the major parties and ring parties apart for a period of 9 lems; they have plenty. And, by the U.S. troops. It would be an act of folly months-plus. way, you do not want to upset the sta- on their part in terms of the firepower So, Mr. President, I will not take any bility that has been achieved. we can bear. longer this evening to discuss this That is one of the areas that we have But that is not the kind of conflict issue. It is getting late. It is not much to remove in terms of our policy. Are we can anticipate. If there are going to of an audience that is going to be influ- we going to use fig leaf phrases to hide be any attacks launched against the enced by whatever I say this evening. our naked ambiguities? Is that what we NATO forces, U.S. troops in particu- But I do think it is important to try to are about? Saying, well, we have this lar—and we assume there will be ef- spell out what we believe to be the goal commitment on the side and a lot of forts to try to see how thin or wide our of our forces there, that we make it as opposition to it, so let us put it out patience is going to be—they will come clear to the American people as we can, there. In the event we do not get the in the form of terrorist attacks, they so that if things go awry, if things do arms reduction, we will see to it they will come in the form of landmines, not work out as the administration are able to defend themselves. they will come in the form of car hopes and we pray they work out, that December 12, 1995 CONGRESSIONAL RECORD — SENATE S 18431 we will at least have defined what we laid aside, that the Senate proceed to a Halverson. I want to take this oppor- believe the mission to have been and, Senate concurrent resolution to be sub- tunity to express my sorrow and sad- hopefully, shape the administration’s mitted by Senators HUTCHISON, INHOFE, ness over the passing of this man who thought process on this so it does not and others. served not only as Chaplain of the Sen- get expanded. The PRESIDING OFFICER. Without ate for 14 years, but also as model of We are worried about mission creep, objection, it is so ordered. the Christian life. that once we get there, once an inci- f Dr. Halverson came to the Senate dent starts to take place, once bullets after serving churches in Missouri, start flying, once there is an action MORNING BUSINESS California, and Maryland. His leader- and reaction, once someone is attacked Mr. COHEN. Mr. President, I now ask ship of World Vision, the Campus Cru- and we respond, that we do not start unanimous consent that there be a pe- sade for Christ, Christian College Con- engaging in mission creep and start to riod for the transaction of routine sortium, and the prayer breakfast indulge ourselves with the added bur- morning business. movement, established him as a world- dens that will come about under that The PRESIDING OFFICER. Without renowned figure. kind of pressure. objection, it is so ordered. But I always think of him as the Sen- The Chinese leader Mao said, ‘‘Power f ate family Chaplain. He did not merely comes out of the end of a gun barrel.’’ try to give guidance and wisdom to Power in this country does not come at TRIBUTE TO THE REVEREND DR. Senators. He served all in the Senate, the end of a gun barrel; it comes at the RICHARD C. HALVERSON including the family members of staff- end of Pennsylvania Avenue and Cap- Mr. DODD. Mr. President, I was deep- ers at all levels of the Senate. itol Hill. Power, as I suggested before, ly saddened by the passing of Dr. Rich- In moments of great stress, I know belongs to whomever claims it and ex- ard C. Halverson, our friend and our many Senators turned to Dr. Halverson ercises it. Chaplain who served the Senate with for guidance and counsel. And every Congress has chosen not to claim the distinction for 14 years. Dr. Halverson day, when Dr. Halverson opened pro- power of deciding when to deploy was a shining example for us all—he ceedings with the prayer, he gave us American forces when our Nation is embodied all that we seek to be in the strength and perspective in under- not under attack and when our vital eyes of our families, our friends, the standing the responsibilities we hold as national interests are not immediately Americans we serve, and of course, Senators. at stake. So, we are where we are be- God. I am proud to have known Dr. Hal- cause we were not willing to risk the George Bernard Shaw once wrote: verson and can truly say that I will consequences of action. We have de- ‘‘There is only one religion, though miss him. I know that his family can ferred, we have debated, we have wait- there are a hundred versions of it.’’ Mr. be comforted in knowing that today he ed, we have talked, and we have let the President, I would say this is a fitting is with God. President take us to where we are description of the community Dr. Hal- f today. verson so gracefully ministered. There So our duty, as I see it, is now to de- are as many different opinions in this THE BAD DEBT BOXSCORE fine the role that our men and women Senate as there are Senators. Yet Dr. Mr. HELMS. Mr. President, before must now play. Halverson, in his kind and gentle man- discussing today’s bad news about the Mr. President, I yield the floor. ner, was always able to provide the in- Federal debt, how about ‘‘another go’’, f dividual counsel and insight that as the British put it, with our pop quiz. Remember—one question, one answer. PROHIBITION ON FUNDS FOR helped us reach decisions on issues The question: How many millions of BOSNIA DEPLOYMENT both monumental and mundane. Amid the busy hustle and bustle of events dollars in a trillion? While you are Mr. COHEN. Mr. President, I ask here in the Senate, it is not difficult to thinking about it, bear in mind that it unanimous consent that the Foreign lose grounding, and it becomes ever was the U.S. Congress that ran up the Relations Committee be discharged more important to remember our place enormous Federal debt that is now from further consideration of H.R. 2606, in the universe. Dr. Halverson, through about $12 billion shy of $5 trillion. involving the use of funds for troops in his daily prayers, helped us to keep our To be exact, as of the close of busi- Bosnia, and that the Senate now turn perspective. ness yesterday, December 11, the total to its immediate consideration, with Of course, Dr. Halverson served all Federal debt—down to the penny— no amendments in order to the bill or the Senate employees, and those who stood at $4,988,568,481,765.63. Another motions to commit or recommit. knew him loved him just as much as he depressing figure means that on a per The PRESIDING OFFICER. Without loved them. He was always available to capita basis, every man, woman and objection, it is so ordered. help and guide people in need, people in child in America owes $18,936.69. The clerk will report. pain, or people who just needed to talk. Mr. President, back to our quiz (how The legislative clerk read as follows: But Dr. Halverson’s work extended many million in a trillion?): There are A bill (H.R. 2606) to prohibit the use of far beyond the United States Senate a million million in a trillion, which funds appropriated to the Department of De- and the Capitol dome. He was minister means that the Federal Government fense from being used for the deployment on to the Fourth Presbyterian Church in will shortly owe five million million the ground of United States Armed Forces in Bethesda, leader of the prayer break- dollars. the Republic of Bosnia and Herzegovina as part of any peacekeeping operation, or as fast movement and World Vision, and Now who’s in favor of balancing the part of any implementation force, unless deeply involved in several other evan- Federal budget? funds for such deployment are specifically gelical organizations. Dr. Halverson f appropriated by law. reached out to many, and he will be The Senate proceeded to consider the sorely missed. ERNIE BOYER—A GIANT IN bill. I want to extend to his family my EDUCATION Mr. COHEN. Mr. President, I further condolences, and during this difficult Mr. KENNEDY. Mr. President, the ask unanimous consent that the bill be time wish for them the hope and death of Ernie Boyer last week has de- advanced to third reading and that strength that Dr. Halverson inspired in prived the Nation of one of its greatest final passage occur at 12:30 p.m., on all who knew him. leaders in education. Throughout his Wednesday, December 13, with para- f long and distinguished career, Ernie graph 4 of rule XII being waived. was unsurpassed as a champion of edu- The PRESIDING OFFICER. Without TRIBUTE TO REVEREND DR. cation, and I am saddened by the loss objection, it is so ordered. RICHARD HALVERSON of a good friend and great colleague. Mr. COHEN. Mr. President, I further Mr. MURKOWSKI. Mr. President, to- In the history of modern American ask unanimous consent that at 9 a.m., morrow there will be a memorial serv- education, Ernie Boyer was a constant Wednesday, H.R. 2606 be immediately ice for the late Reverend Dr. Richard leader, working to expand and improve S 18432 CONGRESSIONAL RECORD — SENATE December 12, 1995 educational opportunities for all Amer- spelling out the failure of the public high les, Upland College and the University of icans. His breadth and depth of knowl- schools to provide students with basic California at Santa Barbara. At Upland Col- edge and experience in all areas of edu- knowledge and skills. lege, he introduced a widely emulated pro- Dr. Boyer’s report helped focus the ensuing cation was unsurpassed. gram in which the mid-year term, the month discussion on specific plans like raising re- of January, became a period in which stu- As Commissioner of Education under quirements for high school graduation, im- dents did not attend classes but pursued in- President Carter, he helped to focus proving teacher certification and lengthen- dividual projects. It was at Upland that he the attention of the entire Nation on ing the school day. decided to devote his career to educational these critical issues. He wrote numer- Because the Carnegie study had been un- administration. ous books in support of improvements derwritten by a sizeable grant from the At- In 1965, he moved east to join the vast in elementary, secondary, and higher lantic Richfield Foundation, Dr. Boyer was SUNY system as its first executive dean. education. He was a key member of able to back up his ideas with financial re- Five years later, he became Chancellor of wards and incentives. In 1983, he dispersed many national commissions, and was a the institution and its 64 campuses, 350,000 $600,000 to 200 schools that were seen to be students and 15,000 faculty members. constant source of wisdom and counsel striving for ‘‘excellence’’ and two years His 7-year term was a period of innovation. to all of us in Congress concerned later, he awarded grants of $25,000 to $50,000 He founded the Empire State College at about these issues. to 25 high schools that were perceived to Saratoga Springs and four other locations as Ernie once said he wished he could have improved their curriculums, teacher noncampus SUNY schools at which adults live to be 200, because he had so many training and community ties. could study for degrees without attending projects to complete. He accomplished Dr. Boyer believed the nation’s most ur- classes. He also set up an experimental more for the Nation’s students, par- gent education problem was high schools. three-year Bachelor of Arts program; estab- Pointing to the high dropout rate among mi- ents, and teachers in his 67 years than lished a new rank, Distinguished Teaching norities, he expressed fear that ‘‘the current Professor, to reward faculty members of edu- anyone else could have done in 200 move to add more course requirements will cational distinction as well as research, and years. They may not know his name, lead to more failure among inner-city stu- established one of the first student-exchange but millions of people—young and old— dents unless we also have smaller classes, programs with the Soviet Union. have better lives today because of better counseling and more creative teach- Dr. Boyer served on commissions to advise Ernie Boyer. Education has lost its ing.’’ President Richard M. Nixon and President best friend. He also felt that education improvements Gerald R. Ford. In 1977, he left SUNY after Mr. President, I ask unanimous con- were bypassing too many impoverished chil- President Jimmy Carter appointed him to dren, with consequences for the future of the sent that an article about Ernie Boyer lead the United State Commission on Edu- country. He advocated programs in nutri- cation, thus becoming the agency’s last from the New York Times and excerpts tion, prenatal care for teen-age mothers, and Commissioner before Congress elevated the from the Current Biography Yearbook more day care with summer classes and pre- position to cabinet rank. 1988 be printed in the RECORD. school education. Toward the end of the Carter Administra- There being no objection, the mate- Among his other books, whose titles re- tion, disappointed that Congress had failed rial was ordered to be printed in the flected his concerns, were ‘‘Campus Life’’ to elevate the Commission on Education to a RECORD, as follows: (1990), ‘‘Ready to Learn’’ (1991) and ‘‘The cabinet-level department, Dr. Boyer accept- Basic School’’ (1995), all published by the ed an invitation to succeed Alan Pifer as [From the New York Times, Dec. 9, 1995] Carnegie Foundation. president of the Carnegie Foundation. He ex- Ernest L. Boyer, who helped to shape Dr. Boyer had been working on a book, panded the scope of his position to go beyond American education as Chancellor of the ‘‘Scholarship Assessed,’’ in which he was at- the study of higher education and to study State University of New York, as United tempting to establish a means of measuring education at every level, bringing the re- States Commissioner of Education and as successful teaching and service so that they sources of the foundation to bear on the ear- President of the Carnegie Foundation for the could be better rewarded. liest years of a child’s education. Advancement of Teaching, died yesterday at In a statement released yesterday, Presi- Even when confined to a hospital bed last his home in Princeton, N.J. He was 67. dent Clinton said: ‘‘The nation has lost of its month, Dr. Boyer continued to keep up on Dr. Boyer had been treated for lymphoma most dedicated and influential education re- developments in education, reacting to an for nearly three years, his assistant, Bob formers. Ernest Boyer was a distinguished announcement by the University of Roch- Hochstein, said. scholar and educator whose work will help ester that it was downsizing both its student Dr. Boyer also was the author of a number students well into the next century.’’ body and faculty in order to improve quality of reports for the Carnegie Foundation, a A compelling orator who never tired of his and attract better students. nonprofit policy study center in Princeton role as an evangelist of education, Dr. Boyer ‘‘I think we’re headed into a totally new that has often set the nation’s education was a sought-after lecturer on such issues as era,’’ he said. ‘‘After World War II, we built agenda. the need for adult education away from a a nation of institutions of higher learning In 1987, when he detected that one of the campus, overbearing academic management based on expansion. Research was every- major ills of higher education was that re- (″Bureaucratic mandates from above can, in thing, and undergraduates were search was elbowing aside teaching, he the end, produce more confusion than marginalized. Now, time is running out on wrote, ‘‘College: The Undergraduate Experi- programs″), and the decline of teaching that.’’ ence in America’’ (Harper & Row), in which civics and government in schools (″Civics il- Later in November, responding to the ap- he argued that ‘‘at every research univer- literacy is spreading, and unless we educate pointment of William M. Bulger, the long- sity, teaching should be valued as highly as ourselves as citizens, we run the risk of drift- time president of the Massachusetts State research.’’ The book stimulated the present ing unwittingly into a new Dark Age″). Senate, as President of the University of college movement that holds that much re- He was also a busy consultant, in recent Massachusetts, Dr. Boyer deplored the trend search is pointless and even harmful insofar years having advised governments like the of naming prominent politicians to lead col- as it distracts teachers from students. People’s Republic of China on educational leges and universities. In 1990, Dr. Boyer developed this theme in policy. ‘‘It is disturbing to see university leaders another book, ‘‘Scholarship Reconsidered’’ Ernest LeRoy Boyer was born in Dayton, chosen on the basis of their political (Carnegie Foundation), in which he main- Ohio, on Sept. 13, 1928, one of the three sons strengths,’’ Dr. Boyer said. ‘‘A university tained that teaching, service and the inte- of Clarence and Ethel Boyer. His father man- president with strong academic credentials gration of knowledge across disciplines aged a wholesale book store and ran a mail- is a symbolic figure who can speak out on should be recognized as the equal of re- order greeting-card and office-supply busi- the great issues in a way that a political search. ness from the basement of the family home. leader cannot.’’ Another of his reports, ‘‘High School: A Dr. Boyer once said that the most influential ‘‘If you appoint political figures to these Report on Secondary Education’’ (Harper & figure in his early life was his paternal offices,’’ he continued, ‘‘you have more polit- Row, 1983), had an impact even before it was grandfather, William Boyer, who was head of ical voices being heard, but they’re being published. When officials at the United the Dayton Mission of the Brethren in Christ heard already. You need the other voices. States Department of Education learned Church and who directed him toward ‘‘a peo- Without the voices with strong academic that Dr. Boyer, a former Federal Commis- ple-centered life.’’ credentials behind them, you can even imag- sioner of Education, was working on a report Dr. Boyer attended Greenville College, a ine a time in the future when a politicized describing the inadequacies of secondary small liberal arts school in Illinois, and went university administration and a politicized public education and proposing a series of on to study at Ohio State University. He re- board of trustees would be hugely impatient changes, they decided to start their own ceived his master’s and doctoral degrees with academic freedom.’’ study, which came to be called ‘‘A Nation at from the University of Southern California. Dr. Boyer held more than 130 honorary de- Risk.’’ He was a post-doctoral fellow in medical grees, including the Charles Frankel Prize in Published a few months ahead of Dr. audiology at the University of Iowa Hospital. the Humanities, a Presidential citation. Boyer’s report, ‘‘A Nation at Risk’’ was fre- He then taught and served in administra- He is survived by his wife Kathryn, and quently described as a national wake-up call, tive posts at Loyola University in Los Ange- four children, Ernest Jr., of Brookline, December 12, 1995 CONGRESSIONAL RECORD — SENATE S 18433 Mass., Beverly Coyle of Princeton, N.J., streak. He’s nobody’s patsy. But he is a good ‘‘core curriculum’’ for all students, designa- Craig of Belize and Paul, of Chestertown, listener.’’ tion of mastery of the English language, in- MD. On July 30, 1970, Boyer was appointed to cluding writing, as the central curriculum [From Current Biography Yearbook 1988] succeed the retiring Samuel Gould as the ad- objective for all students, requiring mastery ministrative head of a complex system of of a foreign language for all students, a grad- BOYER, ERNEST L. sixty-four campuses, hundreds of thousands ual increase in teachers’ pay of 25 percent, Sept. 13, 1928– Educator. Address: b. Carne- of students, and about 15,000 faculty mem- after making up for inflation, and manda- gie Foundation for the Advancement of bers. In his inaugural address’ which he de- tory community service for students as a re- Teaching, 5 Ivy Lane, Princeton, N.J. 08540; livered on April 6, 1971, Boyer proposed that quirement for graduation. h. 222 Cherry Valley Rd., Princeton, N.J. as many as 10 percent of the freshman class The report was issued in book form as High 08540. of 1972 be allowed to take an experimental School: A Report on Secondary Education in One of the most influential and respected three-year program leading to a degree. That America (Harper & Row, 1983), with Boyer members of the American educational estab- initiative was adopted at several SUNY in- and the Carnegie Foundation listed as its au- lishment is Ernest Boyer, who since 1970 has stitutions within the year. He also called for thors. The academic book-reviewing publica- served successively as chancellor of the vast the creation of the new rank of university tion Choice (January 1984) called it ‘‘an im- State University of New York (SUNNY), as teacher. His proposal was acted upon in 1973 portant contribution to the coming edu- United States commissioner of education, with the introduction of the new rank of dis- cational policy debate of the 1980’s,’’ and, in and as president of the prestigious Carnegie tinguished teaching professor in order to re- Commonwealth (April 20, 1984), the reviewer Foundation for the Advancement of Teach- ward educational distinction as well as re- John Ratte wrote, ‘‘It is not damning with ing. Along the way, he has managed to accu- search. faint praise to say that Ernest Boyer’s book mulate more than sixty awards, trustee- Also quickly put into effect was the estab- is remarkably clear and well written for a ships, and honorary degrees. Since 1983 he lishment of Empire State College, in re- commission study report.’’ Andrew Hacker, has been Senior Fellow of the Woodrow Wil- sponse to a directive from the SUNY board of writing in the New York Review of Books son School, Princeton University. As the trustees to Boyer to investigate new meth- (April 12, 1984), assessed the report as ‘‘less a head of the Carnegie Foundation, he auto- ods of education that would enable mature research project than Boyer’s own book’’ and matically assures that any topic he may students to pursue a degree program without credited him with trying ‘‘to define how edu- choose to address will achieve a prominent having to spend their full time on campus. cation can contribute to a more interesting place on the national educational agenda. Such a program, as Boyer noted, would have and thoughtful life—and not just a more Boyer’s concerns range beyond the con- the advantage of avoiding heavy construc- competitive one.’’ fines of the classroom to such urgent issues tion and maintenance costs. Empire State In his follow-up interviews and speeches, as the need for child care in the workplace College was established in 1971 with a small Boyer stressed the urgent need for better and for adult education away from the cam- faculty core at Saratoga Springs, and with teaching in American high schools. He told pus. Under his leadership, the Carnegie leased faculty at four other locations. Under Susan Reid of People magazine (March 17, Foundation has issued two major critical the general guidance of a faculty member, 1986) that ‘‘by 1990, 30 percent of all children studies, both written by him, on American students were able to work for a degree with- in the public schools will be minorities,’’ high schools and colleges. Boyer is now out attending classes, by means of reading, noted the high dropout rate among minori- training his sights on the earliest years of a listening to tapes, watching television, fol- ties, and expressed the fear that ‘‘the current child’s education, including prekindergarten, lowing previously prepared lesson plans, move to add more course requirements will as the target of the next important project traveling, or doing field work. *** lead to more failure among inner-city stu- of the Carnegie Foundation for the Advance- Just before the inauguration of Jimmy dents, unless we also have smaller classes, ment of Teaching. * * * Carter as president of the United States, better counseling, and more creative teach- While a graduate student Boyer worked as Boyer was named federal commissioner of ing. . . . To my mind, teaching is the nub of a teaching assistant at the University of education, responsible for administering edu- the whole problem. . . . All other issues are Southern California and as an instructor at cation programs involving billions of dollars. secondary.’’ * * * In December 1987 Boyer and Owen B. But- Upland College, where he became chairman The appointment appeared to be ideal for ler, vice-chairman of the Committee for Eco- of the speech department. After a year spent Boyer, even though it meant taking a pay nomic Development, addressed the Univer- at Loyola University (Los Angeles), where he cut from $67,000 to $47,500 a year, since sity/Urban Schools National Task Force, or- was director of forensics, he became profes- Carter had been the first presidential can- ganized by the City University of New York. sor of speech pathology and audiology and didate ever endorsed by the National Edu- academic dean at Upland in 1956. His post- The two leaders noted that the movement cation Association and was on record as fa- for educational change was bypassing many graduate research in medical audiology con- voring a cabinet-level department of edu- firmed the effectiveness of a new surgical impoverished children, with consequences cation. The new department was not estab- that could threaten the future of the United technique for treating otosclerosis, a disease lished until 1980, however, and in the mean- of the middle ear. States. To alleviate the situation, Boyer pro- time Boyer found himself under a boss—Sec- posed, among other things, improvements in In 1960, reaching what he later recalled as retary of Health, Education, and Welfare Jo- one of the ‘‘crucial crossroads’’ in his life, nutrition, prenatal care for teenage mothers seph A. Califano Jr.—who did not welcome more effective day care, including summer Boyer switched from teaching and research independence from his subordinates and op- to administration when he accepted a posi- programs, and preschool education. posed the creation of a department that The success of Ernest Boyer’s career owes tion with the Western College Association. would diminish how own agency. * ** much to a work week that customarily ex- The California Board of Education had or- In October 1978 unnamed sources confirmed tends to eighty or ninety hours. Although he dered all public schoolteachers to obtain a that Boyer had accepted the position of is a quick study who is adept at drawing out degree in an academic discipline—a decision president of the Carnegie Foundation for the other people and grasping their ideas, he that proved to be unpalatable to teachers’ Advance of Teaching, beginning in 1980. * ** rarely advances into the firing line, prefer- colleges—and Boyer was appointed director At the Carnegie Foundation, Boyer took ring to stay a half step behind some of his of the commission that was charged with the helm of an organization that, in 1985, peers. ‘‘He has an unusual ability to bring carrying out the directive. Two years later, held income-producing assets worth more people together,’’ a former colleague told a he became director of the Center for Coordi- than $35 million. ‘‘My top priority at Carne- reporter for the New York Times [March 16, nated Education at the University of Califor- gie,’’ he told George Neill in an interview for 1977]. ‘‘It’s a gift for finding consensus nia at Santa Barbara, administering projects Phi Delta Kappan (October 1979), ‘‘will be ef- among a diverse group of people where none to improve the quality of education from forts to reshape the American high school appeared to exit.’’ * * * kindergarten to college. and its relationship with higher education. f In 1965 Boyer moved east to Albany, New . . . I’m convinced that the high school is York, joining the State University of New the nation’s most urgent education prob- REARRANGING FLOWERS ON THE York as its first executive dean for univer- lem.’’ COFFIN sity-wide activities—a title created espe- On September 15, 1983, Boyer released the cially for him. In that position he developed results of a $1 million, fifteen-month study Mr. MOYNIHAN. Mr. President, we an impressive range of intercampus pro- of the nation’s high schools that was con- are now in the final days of the 1st ses- grams, including one providing for scholars- ducted by twenty-eight prominent educators, sion of the 104th Congress. In a short in-residence and another that established the each of whom visited high schools in several while we will have worked out some ac- SUNY chancellor’s student cabinet. He be- cities. The report estimated that although 15 commodations on the budget. We must came vice-chancellor of SUNY in 1968, a post percent of American high school students do this, for we will now be engaged in in which he presided over large staff meet- were getting ‘‘the finest education in the the establishment of some measure of ings, moderated discussions, and summarized world,’’ about twice that number merely them for Chancellor Samuel Gould, to whom mark time or drop out and that the remain- peace and lawful conduct in the Bal- he also made recommendations. Boyer’s col- der were attending schools ‘‘where pockets of kans. It would be unforgivable if we leagues praised him for his organizational excellence can be found but where there is put our military in harm’s way abroad ability, and one university official described little intellectual challenge.’’ Among the without first getting our affairs in him as ‘‘an unassuming man with a firm study’s recommendations were adoption of a some minimal order here at home. S 18434 CONGRESSIONAL RECORD — SENATE December 12, 1995 I am fearful, however, that as we now history. On the other hand, such its merits, it has awesome defects, close out this session we will also close cannot be said for the attempt to dis- which are the defects of American so- down the provision for aid to dependent sociate welfare dependency from per- cial policy. The most important is that children that dates back 60 years to the sonal attributes, including moral con- it creates two classes of working moth- Social Security Act of 1935. duct. As we would say in the old Navy, ers: one that gets free government pro- If this should happen, and it very I am something of a plank owner in vided child care; another that does not. likely will, the first and foremost rea- this regard. It is just 30 years since I The Clinton administration arrived son will be the monstrous political de- and associates on the policy planning in Washington sparking with such en- ception embodied in the term Welfare staff of the Department of Labor thusiasms. At this time, I was chair- reform. picked up the onset of family instabil- man of the Committee on Finance, In my lifetime there has been no such ity in the nation, in this case among charged with producing $500 billion in Orwellian inversion of truth in the African Americans. Interestingly, this deficit reduction, half through tax in- course of a domestic debate. ‘‘Welfare followed our having failed to establish creases, half through program cuts. I reform’’ in fact means welfare repeal. that macroeconomic problems were the thought deficit reduction a matter of The repeal, that is, of title IV-A of the source of the trouble. In the event, I the first priority, as did my fabled Social Security Act. Everyone is to was promptly accused of Blaming the counterpart in the House, Dan Rosten- blame for this duplicity, everyone is an Victim. For the 30 years that followed kowski, chairman of Ways and Means. accomplice. there was an awful tyranny of guilt In the end, we got the votes. Barely. For practical purposes, we can begin mongering and accusation that all but Fifty, plus the Vice President in the with the celebrated Contract With strangled liberal debate. One con- Senate. But all the while we were tak- America, which pledged that within 100 sequence was that when a political ing on this large—and as we can now days, a Republican House would vote force appeared that wished to change say hugely successful—effort, we were on 10 bills, including: the terms of debate altogether, estab- constantly besieged by administration 3. Welfare reform. The government should lished opinion was effortlessly silenced officials wanting us to add money for encourage people to work, not to have chil- and displaced. Again, Gladwell: this social program or that social pro- dren out of wedlock. gram. Immunization was a favorite. But if anything is obvious from the current This in itself was unexceptional, es- budget fight and Capitol Hill’s commitment Rosty and I were baffled. Our cities had pecially the second clause. By 1994, the to scaling back welfare and Medicaid while had free immunization for the better nation had become alarmed by an un- lavishing extra billions on the Pentagon, it part of a century. All children are vac- precedented rise in illegitimacy, to ra- is that this once formidable confidence has cinated by the time they enter school. tios altogether ahistorical—from prac- now almost entirely slipped away. This is If they aren’t vaccinated at earlier tically nil to almost one-third in the what has given Washington’s current re-ex- ages, it is surely the negligence or ig- amination of the size and shape of govern- norance of the parents that has most course of a half-century. Since illegit- ment its strange ambivalence. In most revo- imate children commonly end up sup- explanatory value. But nothing would lutions the defenders of the status quo have do: had to add whatever billion dollars ported by Aid to Families with Depend- to be dragged from power, kicking and ent Children (AFDC), a causal connec- screaming. In this revolution, the defenders for yet a new Government service. tion was inferred. Not proven. We know of the old activism toward the poor surren- My favorite in this miscellany was desperately little about this great dered willingly, with the shrugs and indiffer- something called family preservation, transformation, save that it is happen- ence of those who no longer believed in what yet another categorical aid program— there were a dozen in place already— ing in all the industrial nations of the they stood for either. which amounted to a dollop of social North Atlantic. This was painfully evident in the services and a press release for some Undeterred, the new House majority Senate. On August 3, 1995, the Repub- subcommittee chairman. The program promptly passed a bill which repealed lican majority introduced a Welfare re- was to cost $930 million over 5 years, AFDC. Such an act would have been form bill which abolished AFDC. That starting at $60 million in fiscal year unthinkable a year earlier, just as re- same day, the Democratic minority in- 1994. For three decades I had been pealing Old Age pensions or Unemploy- troduced a competing Welfare reform bill—which also abolished AFDC. On watching families come apart in our ment Compensation, other titles of the society; now I was being told by seem- Social Security Act, would be today. the minority side an enormous fuss is now being made over adding a little ingly everyone on the new team that At minimum, it would have seemed one more program would do the trick. cruel to children. But the new Repub- extra child care, some odd bits of child nutrition aid, perhaps a little foster The New Family Preservation Program licans succeeded in entirely reversing was included in the President’s first the terms of the debate. Instead of aid- care. Literally arranging flowers on the coffin of the provision for children budget, but welfare reform was not. In ing children, AFDC was said to harm fact, the administration presented no them. Last month, a Republican Mem- in the Social Security Act. Coming from devious persons this would have welfare plan until June of 1994, a year ber of the House remarked on the im- and a half after the President took of- portance of child care: been a conscious strategy—distracting attention from what was really going fice. At the risk of indiscretion, I ask . . . because our welfare reform package is unanimous consent to have printed in going to remove people from welfare and get on. But these were not, are not, devious the RECORD at this point a letter I them to work. We understand that child care persons. Sixty years of program lib- is a critical step to ending the cruelty of wel- eralism—a bill for you, a bill for me— wrote to Dr. Laura D’Andrea Tyson, fare dependency. had made this legislative behavior then the distinguished Chairman of the What once was seen as charity, or seem normal. The enormity of the Council of Economic Advisors. There being no objection, the letter even social insurance is redefined as event was altogether missed. was ordered to be printed in the cruelty. I hope this is not mere innocence on RECORD, as follows: This happens. Social problems are my part. The Washington Post edi- continuously redefined. Malcolm torial page has been unblinking on this U.S. SENATE, Gladwell of The Washington Post has subject. An editorial of September 14 Washington, DC, July 28, 1993. Dr. LAURA D’ANDREA TYSON, noted that, ‘‘In the 19th century, the described the bill on the Senate floor Council of Economic Advisers, The Old Execu- assumption had almost always been as ‘‘reckless,’’ adding with a measure tive Office Building, Washington, DC. that a man without a job was either of disdain: ‘‘Some new money for child DEAR DR. TYSON: You will recall that last lazy or immoral. But following the de- care may . . . be sprinkled onto this Thursday when you so kindly joined us at a pression of the 1890’s, the Progressives confection.’’ Those seeking to define meeting of the Democratic Policy Commit- ‘discovered’ unemployment.’’ Which is welfare repeal as welfare reform by im- tee you and I discussed the President’s fam- to say, a personal failing became a so- proving the Republican measure should ily preservation proposal. You indicated how much he supports the measure. I assured you cietal failing instead. This redefinition have known better, but I truly think I, too, support it, but went on to ask what has wrought what would once have they did not. In recent years, child care evidence was there that it would have any ef- seemed miracles in the stabilization of has been something of a mantra among fect. You assured me there was such data. our economy. Mass unemployment is liberal advocates for the poor. For all Just for fun, I asked for two citations. December 12, 1995 CONGRESSIONAL RECORD — SENATE S 18435 The next day we received a fax from Shar- at asking questions as conservatives What we worry about is the underclass. on Glied of your staff with a number of cita- have become, ‘‘the current revival of There has always been an underclass and al- tions and a paper, ‘‘Evaluating the Results’’, liberalism will be brief and incon- ways will be one. But of late its ranks have that appears to have been written by Frank grown, and its members have acquired great- Farrow of the Center for the Study of Social sequential.’’ In the course of the recent er power to destroy their own children and Policy here in Washington and Harold debate on ‘‘Welfare reform,’’ specifi- inflict harm beyond their own ranks. The Richman at the Chapin Hall Center at the cally on September 14, I took occasion means for doing so—guns, drugs, and auto- University of Chicago. The paper is quite di- to note that almost the only serious mobiles—were supplied to them by our in- rect: ‘‘. . . . solid proof that family preserva- critique of the Republican proposal, ventive and prosperous economy. We must tion services can effect a state’s overall and its Democratic variant, was com- either control more rigorously those means placement rates is still lacking.’’Just yester- ing from conservative social analysts or alter more powerfully the lives of those day, the same Chapin Hall Center released an and social scientists. Let me cite three who possess them. I wish to discuss the lat- ‘‘Evaluation of the Illinois Family First ter, because the public is rightly dubious Placement Prevention Program: Final Re- such criticisms which in sum, or so I about how great a gain in public safety can port’’. This was a large-scale study of the Il- would argue, make a devastating case be achieved by the legal methods at our dis- linois Family First initiative authorized by against what Congress and the admin- posal and is properly indignant about the the Illinois Family Preservation Act of 1987. istration seem bent on doing. harm to innocent children that will result It was ‘‘designed to test effects of this pro- First George Will, who in the high from neglecting the processes by which the gram on out-of-home placement of children tradition of conservative thought, asks underclass reproduces itself. and other outcomes, such as subsequent The great debate is whether, how, and at child maltreatment.’’ Data on case and serv- us to consider the unanticipated con- sequences of what we are about to do what cost we can change lives—if not the ice characteristics were provided by Family lives of this generation then those of the First caseworkers on approximately 4,500 to children in the course of disciplining next. cases; approximately 1,600 families partici- their parents. He wrote in September: pated in the randomized experiment. The He then set forth three precepts. As the welfare reform debate begins to Note that the first is precisely where findings are clear enough. boil, the place to begin is with an elemental ‘‘Overall, the Family First placement pre- fact: No child in America asked to be here. Will began: vention program results in a slight increase * * * No child is going to be spiritually im- First precept: Our overriding goal ought to in placement rates (when data from all ex- proved by being collateral damage in a bom- be to save the children. Other goals—reduc- perimental sites are combined). This effect bardment of severities targeted at adults ing the cost of welfare, discouraging illegit- disappears once case and site variations are who may or may not deserve more severe imacy, and preventing long-term welfare de- taken into account.’’ pendency—are all worthy. But they should In other words, there are either negative treatment from the welfare system. Let me attach numbers to this state- be secondary to the goal of improving the effects or no effects. life prospects of the next generation. This is nothing new. Here is Peter Rossi’s ment. In 1968, as part of the social Second precept: Nobody knows how to conclusion in his 1992 paper, ‘‘Assessing science undertakings associated with achieve this goal on a large scale. The debate Family Preservation Programs’’. Evalua- the Economic Opportunity Act of 1965, that has begun about welfare reform is large- tions conducted to date ‘‘do not form a suffi- ly based on untested assumptions, ideologi- cient basis upon which to firmly decide the Federal government helped estab- cal posturing, and perverse priorities. We are whether family preservation programs are lish the Panel Study of Income Dynam- told that worker training and job placement either effective or not’’. ics at the Survey Research Center of May I say to you that there is nothing the the University of Michigan. The will reduce the welfare rolls, but we know that worker training and job placement have least surprising in either of these findings? thought was to follow cohorts of real, From the mid-’60s on this has been the re- so far had at best very modest effects on wel- named individuals over the years to see fare rolls. And few advocates of worker peated, I almost want to say consistent pat- how income rose and fell over time. tern of evaluation studies. Either few effects training tell us what happens to children or negative effects. Thus, the negative in- Earlier this year, using this data, Greg whose mothers are induced or compelled to come tax experiments of the 1970s appeared J. Duncan and Wei-Jun J. Yeung cal- work, other than to assure us that somebody to produce an increase in family break-up. culated that of children born between will supply day care. We are told by others This pattern of ‘‘counterintuitive’’ findings 1973 and 1975, some 24 percent received that a mandatory work requirement, wheth- first appeared in the ’60s. Greeley and Rossi, AFDC at some point before turning 18. er or not it leads to more mothers working, will end the cycle of dependency. We don’t some of my work, Coleman’s. To this day I Among African-Americans this propor- can’t decide whether we are dealing here know that it will. Moreover, it is fathers with an artifact of methodology or a much tion was 66 percent, while for whites it whose behavior we most want to change, and larger and more intractable fact of social was 19 percent. All told some 39 percent nobody has explained how cutting off welfare programs. In any event, by 1978 we had of this cohort received AFDC, Food to mothers will make biological fathers act Rossi’s Iron Law. To wit: Stamps, or Supplementary Security In- like real fathers. We are told that ending ‘‘If there is any empirical law that is come. (Duncan, Greg J. and Yeung, AFDC will reduce illegitimacy, but that is, emerging from the past decade of widespread Wei-Jun J. ‘‘Extent and Consequences at best, an informed guess. Some people pro- evaluation research activities, it is that the of Welfare Dependence Among Ameri- duced many illegitimate children long before expected value for any measured effect of a welfare existed, and others in similar cir- social program is zero.’’ ca’s Children.’’ Children and Youth cumstances now produce none, even though I write you at such length for what I be- Services Review. Vol. 17, Nos. 1–2, pp. welfare has become quite generous. I have lieve to be an important purpose. In the last 157–182, 1995.) pointed out that group homes and boarding six months, I have been repeatedly impressed And so we know what we are talking schools once provided decent lives for the by the number of members of the Clinton Ad- about. A quarter of our children. children of stable, working-class parents who ministration who have assured me with A year ago November, James Q. Wil- faced unexpected adversity, but I do not great vigor that something or other is son gave the Walter Wriston lecture at know whether such institutions will work known in an area of social policy which, to the Manhattan Institute, entitled for the children of underclass parents en- the best of my understanding, is not known meshed in a cycle of dependency and despair. at all. This seems to me perilous. It is quite ‘‘Welfare Reform and Character Devel- Third precept: The federal government possible to live with uncertainty; with the opment.’’ He began by insisting on how cannot have a meaningful family policy for possibility, even the likelihood that once is little we know: the nation, and it ought not to try. Not only wrong. But beware of certainty where none Let me confess at the outset that I do not does it not know and cannot learn from ‘‘ex- exists. Ideological certainty easily degen- know what ought to be done and assert that perts’’ what to do; whatever it thinks it erates into an insistence upon ignorance. I do not think anyone else knows either. But ought to do, it will try to do in the worst The great strength of political conserv- I think that we can find out, at least to the possible way: uniformly, systematically, po- atives at this time (and for a generation) is degree that feeble human reason is capable litically, and ignorantly. Today official that they are open to the thought that mat- of understanding some of the most profound Washington rarely bothers even to give lip ters are complex. Liberals have got into a re- features of the human condition. What we service to the tattered principle of states’ flexive pattern of denying this. I had hoped may find out, of course, is that we have cre- rights. Even when it allows the states some twelve years in the wilderness might have ated a society that can no longer sustain a freedom, it does so only at its own pleasure, changed this; it may be it has only rein- strong family life no matter what steps we reserving the right to set terms, issue waiv- forced it. If this is so, current revival of lib- take. I am not convinced of that, for the ers, and attach conditions. Welfare politics eralism will be brief and inconsequential. very people who express the deepest pes- in Washington is driven by national advo- Respectfully, simism are themselves leading, in most cacy groups that often derive their energy DANIEL PATRICK MOYNIHAN. cases, decent lives amid strong human at- from the ideological message on which they Mr. MOYNIHAN. Note that conclud- tachments and competent and caring fami- rely to attract money and supporters. And ing paragraph: If we don’t get as good lies. Washington will find ways either to deny S 18436 CONGRESSIONAL RECORD — SENATE December 12, 1995 public money to churches (even though they I went through the House bill, and It begins: are more deeply engaged in human redemp- called particular attention to the pro- The Politicians debating welfare reform tion than any state department of social wel- vision denying AFDC benefits to fami- would have us believe that their efforts will fare) or to enshroud those churches that do lies headed by an unwed female under greatly streamline the current system, help get public money with constraints that viti- balance the nation’s books and reverse the ate the essential mission of a church. 18 years of age. I said that these were precisely the families we had been growing tide of unwed pregnancy among the Finally, to Wilson’s point that any poor. What they aren’t telling us is that, at welfare program significantly funded most concerned about in the Family the state and local level, the federal cuts in from Washington will be run ‘‘uni- Support Act. The welfare population is the offing are apt to increase—not shrink— formly, systematically, politically, and roughly bi-modal. About half the fami- the size of the welfare bureaucracy. ignorantly.’’ I don’t disagree. The Fam- lies are headed by mature women who Mead’s point is one we understood ily Support Act of 1988 had two basic for one reason or another find them- perfectly at the time we enacted the premises. The first was that welfare selves alone with children and without Family Support Act. The cheapest could not be a way of life; that it had income. AFDC is income insurance, thing to do with chronic welfare de- to be an interlude in which mothers just as unemployment compensation is pendent families is simply to leave learn self-sufficiency and fathers learn income insurance. Or, if you like, so- them as they are. Changing them in child support, and also that this goal cial insurance, which is why we call it ways that Wilson speaks of is labor in- was to be pursued in as many different Social Security. These persons are tensive, costly and problematic. A nice ways as State and local governments typically in and out of the system quality of the Wisconsin experiments is could contrive. I would like to think within 2 years. The other AFDC fami- that job search begins the day an adult that I am not the only person still in lies, rather more than half, begin as applies for welfare. But this takes su- Washington who recalls that in debate AFDC families. Young women with pervision. Mead notes that high per- we would continually refer to the ex- children typically born out of wedlock. forming areas of the state ‘‘feature re- periments being carried out by a lib- These are the families the Family Sup- lentless followup of clients to see that eral Democratic Governor in Massa- port Act was concerned with. There are they stay on track.’’ The term client is chusetts, Michael Dukakis, and a con- millions of families in just this cir- important; it is a term of professional servative Republican Governor of Cali- cumstance. social work. This sort of thing is not fornia, George Deukmejian. Our expec- A few days later, a colleague on the for amateurs. Most importantly, he tations, very much under control I Finance Committee came up to say concludes: should say, were based on the careful that he had checked on this matter at Even with Wisconsin’s successes so far, im- research of such programs by the Man- home. In his state there were four such portant questions remain unanswered: What power Demonstration Research Cor- families; two had just moved in from happens to the people who were formerly on poration based in New York. out of state. I can imagine the state the welfare rolls? Are they better or worse On December 3rd, Douglas J. welfare commissioner asking if the off than before? Can they sustain themselves Besharov of the American Enterprise Senator wanted to know their names. long term? Anecdotes don’t suggest great Institute, the third of the conservative Here is the point as I see it. Welfare hardship, but nobody knows for sure. And analysts I will cite, wrote in support of what evidence is there that this approach dependency is huge, but it is also con- can flourish in inner cities where the social the welfare measure now in conference, centrated. That portion of the caseload problems are far more serious? In Milwau- stating that the experience of the that is on welfare for two years or less kee, which has half the state’s welfare case- JOBS program under the Family Sup- is more or less evenly distributed load, the success has been far more modest port Act showed just how innovative across the land. But three-quarters of than in the rest of the state. and responsible States can be. He said: children who are on AFDC at a point in These questions need answers before a case Since 1992, the federal government has al- time will be on for more than five can be made that Wisconsin is the model on which other states should base their reforms. lowed states almost total freedom to reshape years. They are concentrated in cities. their welfare systems through the waiver But this much is clear: Wisconsin’s fusion of In Atlanta, 59 percent of all children generosity and stringency does represent process. According to the Center for Law and received AFDC benefits in the course of Social Policy (CLASP), as of last week, 42 what the voters say they’re looking for. states had requested waivers and well over the year 1993; in Cleveland, 66 percent; In Milwaukee, 53 percent of children half had already been granted. in Miami, 55 percent; in Oakland, 51 are on AFDC in the course of a year. As some will know, earlier this year percent; in Newark, 66 percent; in I have been taken to task for sug- I introduced the Family Support Act of Philadelphia, 57 percent. gesting that the time limits in the 1995, seeking to update the earlier leg- By contrast there are many States House and Senate bills will produce a islation, given seven years experience. that do not have large cities and do not surge in the number of homeless chil- In the current issue of The National have such concentrations. The Depart- dren such that the current problem of Journal, in which I am referred to as ment of Health and Human Services the homeless will seem inconsequen- the ‘‘champion’’ of ‘‘left-of-center ad- has estimated the number of children tial. So be it; that is my view. I believe vocacy groups,’’ this measure, which who would be denied benefits under the our present social welfare system is all got 41 votes on the Senate floor, is sim- 5-year time limit contained in both the but overwhelmed. Witness the death of ply dismissed: ‘‘. . . MOYNIHAN’s bill is House and Senate welfare bills, now in Elisa Izquierdo in Brooklyn. If 39 per- principally a vehicle for defending the conference. For California, 849,300. For cent of all children in New York City status quo . . .’’ Dreadful charge, but neighboring Nevada, 8,134. For New were on AFDC at some point in 1993, I not unwarranted. The status quo is York, 300,527. For neighboring Ver- would estimate that the proportion for meant to be one of experiment and mont, 6,563. Brooklyn would have been at least 50 change. And it is. I so state: the idea of If welfare were a smallish problem— percent, probably higher. Hundreds of changing welfare has even taken hold if this were 1955, or even 1965—an argu- thousands—I said hundreds of thou- in New York City. ment could be made for turning the sands—of these children live in house- Now to what I think of as a constitu- matter back to State Government. But holds that are held together primarily tional question, the source of my it is now so large a problem that gov- by the fact of welfare assistance. Take greatest concern. ernments of the states in which it is that away and the children are blown I have several times now, here on the most concentrated simply will not be to the winds. A December 6 administra- floor, related an event which took able to handle it. On December 3rd, tion analysis concludes that the wel- place in the course of a ‘‘retreat’’ Lawrence Mead had an excellent arti- fare conference agreement will force 1.5 which the Finance Committee held last cle in the Washington Post in which he million children into poverty. To say March 18 at the Wye Plantation in described the recent innovations in what I have said before here in the Sen- Maryland’s Eastern shore. Our chair- welfare policy, all provided under the ate: The young males can be horrid to man, Senator Packwood, asked me to Family Support Act, in Wisconsin. His themselves, horrid to one another, hor- lead a discussion of welfare legislation, article is entitled: ‘‘Growing a Smaller rid to the rest of us. the House bill, H.R. 4, having by then Welfare State: Wisconsin’s Reforms By way of example, or analogue, or come over to the Senate where it was Show That To Cut the Rolls, You Need what you will, I have frequently re- referred to our committee. More Bureaucrats’’ ferred to the Federal legislation that December 12, 1995 CONGRESSIONAL RECORD — SENATE S 18437 commenced the deinstitutionalization It is very likely next week there will also At 8:40 pm., a message from the of mental patients. I was present at the be a conference report on welfare reform. I House of Representatives, delivered by creation of this movement. Early in think we have about concluded the con- Ms. Goetz, one of its reading clerks, an- 1955, our former esteemed House col- ference. [T]he original bill passed in the Sen- ate by a vote of 87 to 12. We believe we have nounced that the Speaker has signed league, Jonathan B. Bingham, at that retained most of the Senate provisions in the the following enrolled bill: time secretary to Governor Averell conference, and I ask my colleagues on both H.R. 2076. An act making appropriations Harriman of New York brought Dr. sides—this bill had strong bipartisan sup- for the Department of Commerce, Justice, Paul Hoch, the new commissioner of port—to take a close look. and State, the Judiciary, and related agen- mental health, in to meet the Gov- Eighty-eight percent of the American peo- cies for the fiscal year ending September 30, ernor. I was present, along with Paul ple want welfare reform. We will have it on 1996, and for other purposes. H. Appleby, the new budget director. the floor, we hope, next week. We hope the The enrolled bill was subsequently Dr. Hoch, a wonderful, humane man of President of the United States will sign it. In signed by the President pro tempore my view, it is a good resolution of dif- (Mr. THURMOND). science, told of a new chemical treat- ferences between the House and the Senate. ment for mental illness which had been We still have one or two minor—well not f developed by Dr. Nathan Kline at minor—issues in disagreement we hope to re- REPORTS OF COMMITTEES Rockland State Hospital in the lower solve tomorrow, and then we hope to bring it Hudson Valley. It had been tested clini- up by midweek next week. The following reports of committees cally. Hoch proposed that it be given to What is one to say? The Senate bill were submitted: all patients, throughout the New York did indeed have ‘‘strong bipartisan sup- By Mr. HELMS, from the Committee on mental hospital system, which then port.’’ If we do get a conference com- Foreign Relations, without amendment and with a preamble: held some 94,000 patients. Today there mittee report, it will pass and will, I are 8,000. Harriman asked what the pro- H. Con. Res. 42. A concurrent resolution am confident, be vetoed. What I fear is supporting a resolution to the long-standing gram would cost. Hoch mentioned a that the repeal of the Social Security dispute regarding Cyprus. sum in the neighborhood, as I recall, of Act provision will return as part of a By Mr. HELMS, from the Committee on $4 million. Harriman asked Appleby if general budget reconciliation, and that Foreign Relations, with an amendment and he could find the money. Appleby, I bill will be signed into law. Should it an amendment to the title: S. 602. A bill to amend the NATO Partici- cannot doubt having been cued by do so, the Democratic Party will be to Bingham, replied that he could find it. pation Act of 1994 to expedite the transition blame, and blamed it will be. It will to full membership in the North Atlantic Done. said Harriman, I am an invest- never again be able to speak with any ment banker and believe in invest- Treaty Organization of European countries credibility to the central social issue of emerging from communist domination. ment. And so reserpine medication our age. By Mr. SIMPSON, from the Committee on commenced. We will have fashioned our own cof- Veterans Affairs, with an amendment in the Eight years later, on October 22, 1963, fin. There will be no flowers. nature of a substitute and an amendment to in his last public bill-signing ceremony the title: at the White House, President John F. f S. 991. A bill to amend title 38, United Kennedy signed the Community Health MESSAGES FROM THE PRESIDENT States Code, and other statutes, to extend VA’s authority to operate various programs, Center Construction Act of 1963. I was Messages from the President of the present, since I had worked on the leg- collect copayments associated with provi- United States were communicated to sion of medical benefits, and obtain reim- islation, and the President gave me a the Senate by Mr. Thomas, one of his bursement from insurance companies for pen which I have in my hand here. We secretaries. care furnished. were going to empty out our great f By Mr. HELMS, from the Committee on mental hospitals and treat patients in Foreign Relations, without amendment: local community centers. We would EXECUTIVE MESSAGES REFERRED S. 1465. A bill to extend au pair programs. By Mr. HELMS, from the Committee on build 2,000 by the year 1980, and there- As in executive session the PRESIDING after one for each additional 100,000 Foreign Relations, without amendment and OFFICER laid before the Senate mes- an amended preamble: persons in the population. Alas, we sages from the President of the United S.J. Res. 43. A joint resolution expressing built some 400 centers, and then just States submitting sundry nominations the sense of Congress regarding Wei forgot about our earlier plans. But we which were referred to the appropriate Jingsheng; Gedhun Choekyi Nyima, the next emptied out the hospitals. A decade or committees. Panchen Lama of Tibet; and the human so later, the problem of the homeless (The nominations received today are rights practices of the Government of the appeared, to our general bafflement. I printed at the end of the Senate pro- People’s Republic of China. have commented that in New York, By Mr. HELMS, from the Committee on ceedings.) Foreign Relations, without amendment and with our singular ability for getting f with a preamble: problems wrong, homelessness has been S. Con. Res. 14. A concurrent resolution defined as a problem of lack of afford- MESSAGES FROM THE HOUSE urging the President to negotiate a new base able housing. We will very likely think At 4:20 pm., a message from the House of rights agreement with the Government of up some equally misleading expla- Representatives, delivered by Mr. Hays, one Panama to permit United States Armed nation for the growing numbers of of its reading clerks, announced that the Forces to remain in Panama beyond Decem- homeless children when they appear, House has passed the following bills, in ber 31, 1999. and so I would like to put this on the which it requests the concurrence of the Sen- S. Con. Res. 25. A concurrent resolution ate: concerning the protection and continued via- record now. H.R. 325. An act to amend the Clean Air bility of the Eastern Orthodox Ecumencial On December 3, a newspaper of con- Patriarchate. siderable circulation did just this, how- Act to provide for an optional provision for the reduction of work-related vehicle trips f ever inadvertently. A long article on and miles traveled in ozone nonattainment ‘‘welfare reform’’ was accompanied by areas designated as severe, and for other pur- EXECUTIVE REPORTS OF a photograph of an overstuffed chair on poses. COMMITTEES which a broken, or battered doll had H.R. 1787. An act to amend the Federal The following executive reports of been placed. The caption read: ‘‘Repub- Food, Drug, and Cosmetic Act to repeal the committees were submitted: saccharin notice requirement. licans blame failed welfare policies for By Mr. HELMS, from the Committee on today’s problems. Above, an easy chair The message also announced that the Foreign Relations: at a Philadelphia homeless encamp- Speaker has signed the following en- Sandra J. Kristoff, of Virginia, for the ment.’’ A photograph, I dread to say, of rolled bill: rank of Ambassador during her tenure of things to come. ENROLLED BILLS SIGNED service as U.S. Coordinator for Asia Pacific Republicans must look to their own S. 790. An act to provide for the modifica- Economic Cooperation (APEC). A. Peter Burleigh, of California, a Career tion or elimination of Federal reporting re- consciences. I would appeal to that of Member of the Senior Foreign Service, Class quirements. my own party. Last week, our distin- of Minister-Counselor, to be Ambassador Ex- guished majority leader, Senator BOB The enrolled bill was subsequently traordinary and Plenipotentiary of the Unit- DOLE, stated that he hoped to bring signed by the President pro tempore ed States of America to the Democratic So- welfare reform to the floor this week. (Mr. THURMOND). cialist Republic of Sri Lanka, and to serve S 18438 CONGRESSIONAL RECORD — SENATE December 12, 1995 concurrently and without additional com- 3. Children and Spouses: Davin Quinn, 12/08/91—Dem Natl Com Fed Acct ...... $25 pensation as Ambassador Extraordinary and Shandon Quinn, and Kelly Quinn. None. 05/05/92—Dem Sen Campaign Com ...... $20 Plenipotentiary of the United States of 4. Parents: George K. Quinn—deceased. 05/29/92—Dem Cong Campaign Com .... $20 America to the Republic of Maldives. Marie T. Quinn—deceased. 08/17/92—Dem Natl Com Fed Acct ...... $25 The following is a list of all members of 5. Grandparents: Michael and Mary 06/18/93—Dem Sen Campaign Com ...... $35 my immediate family and their spouses. I Farrell—deceased. Charles and Grace 11/23/93—Dem Natl Com Fed Acct ...... $25 have asked each of these persons to inform Quinn—deceased. 11/23/93—Dem Sen Campaign Com ...... $25 01/22/94—Dem Natl Com Fed Acct ...... $25 me of the pertinent contributions made by 6. Brothers and Spouses: none. 05/02/94—Dem Sen Campaign Com ...... $35 them. To the best of my knowledge, the in- 7. Sisters and Spouses: Patricia and An- 05/24/94—Dem Cong Campaign Com .... $30 formation contained in this report is com- drew Kearney, none. Kathyrn and Martin 08/07/94—Dem Natl Com ...... $20 plete and accurate. Cravatta, none. 12/28/94—Dem Cong Campaign Com .... $25 Nominee: A. Peter Burleigh. William H. Itoh, of New Mexico, a Career 12/28/94—Dem Natl Com ...... $25 Post: Ambassador to Sri Lanka and The Member of the Senior Foreign Service, Class 12/28/94—Dem Sen Campaign Com ...... $25 Maldives. of Counselor, to be Ambassador Extraor- 12/28/94—Penna Dem Victory Fund .... $25 Contributions, amount, date, and donee: dinary and Plenipotentiary of the United Names: Margaret C. Roy (deceased). 1. Self: $200, 5/93, HRCF; and $250 12/93, States of America to the Kingdom of Thai- 5. Grandparents: Names: (deceased). HRCF (Human Rights Campaign Fund). land. 6. Brothers and Spouses: Names: David T. 2. Spouse, N/A. The following is a list of all members of Roy, Barbara Roy, (joint), $35, 10/11/92, Dem 3. Children and Spouses: N/A. my immediate family and their spouses. I Nat’l Com, $25, 02/01/94, Netsch for Governor, 4. Parents: deceased. have asked each of these persons to inform $25, 03/07/94, Dawn Clark Netsch, Campaign 5. Grandparents: deceased. me of the pertinent contributions made by Com, $25, 06/01/94, Netsch for Governor. 6. Brothers and Spouses: David P. Burleigh them. To the best of my knowledge, the in- 7. Sisters and Spouses: None. Names: N/A. (and Mrs. Lougene Burleigh). formation contained in this report is com- Thomas W. Simons, Jr., of the District of 7. Sisters and Spouses: Ann Burleigh Bou- plete and accurate. Columbia, a Career Member of the Senior cher. Nominee: William H. Itoh. Foreign Service, Class of Career Minister, to Post: Thailand. be Ambassador Extraordinary and Pleni- John Raymond Malott, of Virginia, a Ca- Contributions, amount, date, and donee: potentiary of the United States of America reer Member of the Senior Foreign Service, 1. Self: $30.00, 10/19/92, DNC; $35.00, 2/28/93, to the Islamic Republic of Pakistan. Class of Minister-Counselor, to be Ambas- DNC; $35.00, 12/27/93, DNC; $35.00, 12/27/94, (The following is a list of all members of sador Extraordinary and Plenipotentiary of DNC. my immediate family and their spouses. I the United States of America to Malaysia. 2. Spouse Melinda: none. have asked each of these persons to inform The following is a list of all members of 3. Children and Spouses: Charlotte: none. me of the pertinent contributions made by my immediate family and their spouses. I Caroline: none. them. To the best of my knowledge, the in- have asked each member of my immediate 4. Parents: Vera M. Poage: deceased. K. formation contained in this report is com- family to inform me of the pertinent con- Takashi Itoh: deceased. plete and accurate.) tributions made by them. To the best of my 5. Grandparents: deceased. Nominee: Thomas W. Simons, Jr. knowledge, the information contained is this 6. Brothers and Spouses: no siblings. Post: Pakistan. Contributions, Amount, Date, Donee. report is complete and accurate. 7. Sisters and Spouses: no siblings. Nominee: John R. Malott. 1. Self, Thomas W., Jr., none. Frances D. Cook, of Florida, a Career Mem- 2. Spouse, Margaret Q., none. Post: Malaysia. ber of the Senior Foreign Service, Class of Contributions, amount, date, and donee: 3. Children and Spouses: Names: Suzzane Minister-Counselor, to be Ambassador Ex- Deirdre and Benjamin Thomas, both unmar- 1. Self: none. traordinary and Plenipotentiary of the Unit- 2. Spouse: Hiroko Malott, $100.00, 2–19–92, ried, none. ed States of America to the Sultanate of 4. Parents: Names: Thomas W. (deceased Paul Tsongas. Oman. 3. Children: David Malott, none. Rumi 1990), and Mary Jo Simons, none. (The following is a list of all members of 5. Grandparents: Names: All 4 deceased. Malott, none. my immediate family and their spouses. I 6. Brothers and Spouses; Names: No broth- 4. Parents: Raymond Malott, none. Marian have asked each of these persons to inform ers. Malott, none. me of the pertinent contributions made by 7. Sisters and Spouses; Names: Sara R. and 5. Grandparents: all deceased, none. them. To the best of my knowledge, the in- Richard Cohen, none. 6. Brothers and Spouses: Merle Barber: formation contained in this report is com- Richard Henry Jones, of Nebraska, a Ca- 1 $400.00, 1990, MARPAC. $400.00, 1991, plete and accurate.) reer Member of the Senior Foreign Service, MARPAC. $400.00, 1992, MARPAC. $400.00, Nominee: Frances D. Cook. Class of Counselor, to be Ambassador Ex- 1993, MARPAC. $400.00, 1994, MARPAC. Post: Ambassador, Sultanate of Oman. traordinary and Plenipotentiary of the Unit- Linda Barber: none. Contributions, Amount, Date, and Donee: ed States of America to the Republic of Leb- Tom and Marsha Barber, none. Donald 1. Self, $50.00, 1989, Sen. Hatfield. anon. Malott, none. 2. Spouse, N/A. (The following is a list of all members of 7. Sisters and Spouses: Ruth Ann and Wil- 3. Children and Souses: N/A. my immediate family and their spouses. I liam Henline, none. Kathryn and Maury 4. Parents: Names: Mrs. Vivian Cook, have asked each of these persons to inform Wulbrecht, none. Mary Jane and Harold $50.00, 1992, Democratic National Committee me of the pertinent contributions made by McQueen, none. Margaret and Gordon Reu- for Clinton-Gore Election. them. To the best of my knowledge, the in- ben, none. Names: Mr. Nash Cook (Deceased). formation contained in this report is com- 5. Grandparents: (Deceased). plete and accurate.) Kenneth Michael Quinn, of Iowa, a Career 6. Brothers and Spouses: N/A. Nominee: Richard Henry Jones. Member of the Senior Foreign Service, Class 7. Sisters and Spouses: N/A. Post: Ambassador to Lebanon. of Minister-Counselor, to be Ambassador Ex- J. Stapleton Roy, of Pennsylvania, a Ca- Contributions, amount, date, donee. traordinary and Plenipotentiary of the Unit- reer Member of the Senior Foreign Service, 1. Self, none. ed States of America to Cambodia. Class of Career Minister, to be Ambassador 2. Spouse, none. 1 Joseph A. W. The following is a list of all members of Extraordinary and Plenipotentiary of the 3. Children and Spouses: Jones, none. Vera E. W. Jones, none. R. Ben- my immediate family and their spouses. I United States of America to the Republic of jamin W. Jones, none. M. Hope W. Jones, have asked each of these persons to inform Indonesia. none. me of the pertinent contributions made by (The following is a list of all members of 4. Parents: Dailey M. Jones, none (de- them. To the best of my knowledge, the in- my immediate family and their spouses. I formation contained in this report is com- ceased 2). Sara N. Jones, none. have asked each of these persons to inform 5. Grandparents: B.O. Jones, none (de- plete and accurate. me of the pertinent contributions made by ceased 2). E.M. Jones, none (deceased 2). J.A. Nominee: Kenneth M. Quinn. them. To the best of my knowledge, the in- Nall, none (deceased 2). E.M. Nall, none (de- Post: Cambodia. formation contained in this report is com- ceased 2). Contributions, amount, date, and donee: plete and accurate.) 1. Self, $500.00, Spring/Summer 92 Richard 6. Brothers and Spouses: Dailey M. Jones Nominee: J. Stapleton Roy. II, none. Irene E. Jones, none. Joseph N. S. Williamson. Post: Ambassador to the Republic of Indo- 2. Spouse, LeSon Nguyen Quinn (joint con- Jones, none (deceased 2). nesia. tribution). 7. Sisters and Spouses: Names, none. Contributions, date, donee, amount. 1 1. Self, J. Stapleton Roy, None. All children are unmarried. 2 All deceased relatives died more than four years 1MARPAC is a political action committee of Mar- 2. Spouse, Elissandra Roy, None. ago. riott corporation executives. My stepbrother Merle 3. Children and Spouses: Names: Andrew, James Franklin Collins, of Illinois, a Ca- had no involvement in determining whom the recipi- David, Anthony, none. ents of the MARPAC funds would be, and he is un- reer Member of the Senior Foreign Service, aware of what part of the fund was used to support 4. Parents: Names: Andrew T. Roy: Class of Minister-Counselor, to be Ambas- candidates for Federal office. 03/25/91—Dem Sen Campaign Com ...... $20 sador at Large and Special Advisor to the December 12, 1995 CONGRESSIONAL RECORD — SENATE S 18439 Secretary of State for the New Independent formation contained in this report is com- 11/10/93—Feinstein for Senate ...... 1,000 States. plete and accurate.) 2/22/94—Walter Capps for Congress ..... 1,000 (The following is a list of all members of Nominee: Charles H. Twining. 4/4/94—Democratic Leadership Coun- my immediate family and their spouses. I Post: Ambassador to the Republic of Equa- cil ...... 8,000 have asked each of these persons to inform torial Guinea. 4/29/94—Joe Kennedy for Congress ...... 1,000 me of the pertinent contributions made by Contributions, amount, date, and donee. 5/1/92—Clinton for President ...... 125 them. To the best of my knowledge, the in- 1. Self, none. 6/8/94—Walter Capps for Congress ...... 1,000 formation contained in this report is com- 2. Spouse, Irene Verann Metz Twining, 9/1/94—Lynn Schenk for Congress ...... 500 plete and accurate.) none. 9/28/94—Tom Andrews for Congress .... 1,000 Nominee: James Franklin Collins. 3. Children and Spouses: Daniel Twining, 10/3/94—Lee Hamilton for Congress .... 250 Post: Ambassador-at-Large and Special none. Steven Twining, none. 2/7/95—Clinton Defense Fund ...... 1,000 Advisor to the Secretary for the New Inde- 4. Parents: Charles Twining (deceased), Spouse: Marilyn Gevirtz: pendent States. Martha Twining, none. 6/12/91—Feinstein for Senate ...... $500 Contributions, date, donee, and amount. 5. Grandparents: Isaac and Sarah Twining 11/1/91—Campell for U.S. Senate ...... 500 1. Self, none. (deceased), Harry Caples (deceased); Mar- 2/11/92—Feinstein for Senate ...... 500 2. Spouse: Dr. Naomi F. Collins Contribu- garet Caples (none). 2/24/92—Clinton for President ...... 300 tions: 6. Brothers and Spouses: David and July 4/1/92—Citizens for Joe Kennedy ...... 500 09/90—Dollars for Democrats ...... $15.00 Twining, none. 4/14/92—Tom Lantos for Congress ...... 100 5/20/92—Gloria Ochoa for Congress ..... 500 10/90—Dollars for Democrats ...... 15.00 7. Sisters and Spouses: N.A. 8/1/92—English for Congress ...... 100 07/91—Dollars for Democrats ...... 20.00 James A. Joseph, of Virginia, to be Ambas- 8/1/92—Frankel for Congress ...... 50 10/91—Mikulski for Senate ...... 25.00 sador Extraordinary and Plenipotentiary of 8/1/92—Mezvinsky for Congress ...... 50 11/91—Emily’s List ...... 35.00 the United States of America to the Republic 8/1/92—Margolis for Congress ...... 100 11/91—Maryland Right to Choice ...... 25.00 of South Africa. (The following is a list of all members of 9/7/92—Anita Perez Ferguson for Con- 01/92—Democratic National Commit- gress ...... 100 tee ...... 10.00 my immediate family and their spouses. I have asked each of these persons to inform 9/14/92—Delores DaCosta for Congress 100 02/92—Feinstein for Senate ...... 25.00 10/21/92—Democratic Senatorial Cam- 02/92—Boxer for Senate ...... 25.00 me of the pertinent contributions made by them. To the best of my knowledge, the in- paign Committee ...... 5,000 02/92—Ferraro for Senate ...... 25.00 11/10/93—Feinstein for Senate ...... 1,000 02/92—Mikulski for Senate ...... 25.00 formation contained in this report is com- plete and accurate.) 2/2/94—Walter Capps for Congress ...... 1,000 04/92—Maryland Right to Choice ...... 35.00 6/8/94—Walter Capps for Congress ...... 1,000 Nominee: James A. Joseph. 04/92—Braun for Senate ...... 25.00 9/28/94—Tom Andrews for Congress .... 1,000 09/92—Precise donee unknown (fund Post: Ambassador to South Africa. 3. Children and Spouses: Susan Gevirtz, to elect Women to the Senate) ...... 50.00 Contributions, amount, date, and donee. Steven Gevirtz, Carrie Wicks, Kathy 06/92—Dollars for Democrats ...... 15.00 1. Self: $500, 8/17/92, DNC, $200, 3/17/92, DNC, Frankel, Julie Warner, none. 01/93—Democratic National Commit- 200, 6/24/94, DNC. 4. Parents: Julia Gevirtz—none, Sydney tee ...... 25.00 2. Spouse: Doris Joseph—Deceased. Gevirtz, deceased. 03/93—Dollars for Democrats ...... 15.00 3. Children and Spouses: Jeffery Joseph, 5. Grandparents: Deceased. 05/93—DCCC (Democratic Congres- none, Denise Joseph, none. 4. Parents: Adam Joseph—Deceased, Julia 6. Brothers and Spouses: None. sional Campaign Committee ...... 15.00 7. Sisters and Spouses: Sally Shafton, Rob- 06/93—Bruce Adams for County Coun- Joseph—deceased. 5. Grandparents: Deceased—names un- ert Shafton, 1990–1995, Jane Harmon, $100.00. cil ...... 25.00 Joan M. Plaisted, of California, a Career 10/93—Maryland Democrats ...... 15.00 known. 6. Brothers and Spouses: John Joseph, none Member of the Senior Foreign Service, Class 11/93—Nancy Kopp (candidate for of Counselor, to be Ambassador Extraor- State Legislature) ...... 25.00 Katherine Joseph, none. 7. Sisters and Spouses: None. dinary and Plenipotentiary of the United 01/94—Women’s Higher Education States of America to the Republic of the Fund ...... 18.00 Don Lee Gevirtz, of California, to be Am- bassador Extraordinary and Plenipotentiary Marshall Islands, and to serve concurrently 01/94—Democratic National Commit- and without additional compensation as Am- tee ...... 25.00 of the United States of America to the Re- public of Fiji, and to serve concurrently and bassador Extraordinary and Plenipotentiary 03/94—Emily’s List ...... 30.00 of the United States of America to the Re- 03/94—Bruce Adams for County Coun- without additional compensation as Ambas- sador Extraordinary and Plenipotentiary of public of Kiribati. cil ...... 25.00 (The following is a list of all members of 03/94—Democratic National Commit- the United States of America to the Republic of Nauru, Ambassador Extraordinary and my immediate family and their spouses. I tee ...... 20.00 have asked each of these persons to inform 04/94—Elanor Carey for Attorney Gen Plenipotentiary of the United States of America to the Kingdom of Tonga, and Am- me of the pertinent contributions made by 1994 ...... 25.00 them. To the best of my knowledge, the in- 05/94—Pat Williams ...... 30.00 bassador Extraordinary and Plenipotentiary of the United States of America to Tuvalu. formation contained in this report is com- 09/94—Nancy Kopp ...... 25.00 plete and accurate.) 09/94—Dollars for Democrats ...... 25.00 (The following is a list of all members of my immediate family and their spouses. I Nominee: Joan M. Plaisted. 3. Children and Spouses: Robert S. Collins, Post: Ambassador to the Republic of the have asked each of these persons to inform and Deborah Chew (spouse), none. Marshall Islands and to the Republic of me of the pertinent contributions made by 4. Parents: Johnathan C. Collins, none and Kiribati. them. To the best of my knowledge, the in- Caroline C. Collins, none. Contribution, amount, date, and donee: formation contained in this report is com- 5. Grandparents: Harrison F. Collins, 09/92, 1. Self, none. plete and accurate.) John Crawford (Candidate for Illinois Rep.), 2. Spouse. Nominee: Don Gevirtz. $50.00, 1994, Democratic National Committee 3. Children and spouses names. (Precise date and amount unknown), $10.00. Post: Ambassador to Republic of Fiji. 4. Parents names, Lola M. Plaisted and Dr. 6. Brothers and Spouses: Jefferson C. Col- Contributions, date, donee, and amount. Gerald A. Plaisted, none. lins, none. 6/7/90—Jim Solomon—Congress ...... $500 5. Grandparents names, Mr. and Mrs. Olaf 7. Sisters and Spouses: No sisters. 11/1/90—Anita for Congress ...... 300 Plaisted, deceased, Mr. and Mrs. Edward Pe- Charles H. Twining, of Maryland, a Career 4/22/91—Feinstein for Senate ...... 1,000 ters, deceased. Member of the Senior Foreign Service, Class 1/3/92—Clinton for President ...... 500 6. Brothers and spouses names. of Minister-Counselor, to be Ambassador Ex- 2/11/92—Feinstein for U.S. Senate ...... 500 7. Sisters and spouses names, Pamela Lynn traordinary and Plenipotentiary of the Unit- 2/11/92—Lynn Schenk for Congress ..... 1,000 Plaisted; none, Joy Dawn Plaisted, none. ed States of America to the Republic of Cam- 2/24/92—Clinton for President ...... 500 Jim Sasser, of Tennessee, to be Ambas- eroon. 3/31/92—Huffington for Congress ...... 500 sador Extraordinary and Plenipotentiary of Charles H. Twining, of Maryland, a Career 4/17/92—Boxer for U.S. Senate ...... 500 the United States of America to the People’s Member of the Senior Foreign Service, Class 6/17/92—Lynn Schenk for Congress ..... 1,000 Republic of China. of Minister-Counselor, to serve concurrently 7/6/92—Democratic Senatorial Cam- (The following is a list of all members of and without additional compensation as Am- paign Committee ...... 3,000 my immediate family and their spouses. I bassador Extraordinary and Plenipotentiary 8/10/92—DNC Victory Fund ...... 10,000 have asked each of these persons to inform of the United States of America to the Re- 9/1/92—United Democratic Campaign me of the pertinent contributions made by public of Equatorial Guinea. Headquarters ...... 300 them. To the best of my knowledge, the in- (The following is a list of all members of 10/5/92—Huffington for Congress ...... 500 formation contained in this report is com- my immediate family and their spouses. I 11/10/93—Democratic Senatorial Com- plete and accurate.) have asked each of these persons to inform mittee ...... 10,000 Nominee: James R. Sasser. me of the pertinent contributions made by 11/10/93—Democratic Leadership Post: Ambassador to the People’s Republic them. To the best of my knowledge, the in- Council ...... 2,000 of China. S 18440 CONGRESSIONAL RECORD — SENATE December 12, 1995 Contribution, amount, date, and donee: 2. Spouse, none. (The following is a list of all members of 1. Self, $1,000, June 11, 1995, Kerry Commit- 3. Children and Spouses names, Christina my immediate family and their spouses. I tee; $1,000, August 10, 1995, Clinton-Gore ’95. Rawson, none, David J. Rawson, none. have asked each of these persons to inform 2. Spouse, Mary B. Sasser, none. 4. Parents names, Amos P. Rawson, none, me of the pertinent contributions made by 3. Children and Spouses names, James Lola M. Rawson, deceased. them. To the best of my knowledge, the in- Gray Sasser, none, Elizabeth B. Sasser, none. 5. Grandparents names, Edward and Helen formation contained in this report is com- 4. Parents names, Mary Nell Sasser, none, Rawson, deceased, Howard and Mary Moore, plete and accurate.) Joseph Ralph Sasser, deceased. deceased. Nominee: Robert E. Gribbin III. 5. Grandparents names, deceased. 6. Brothers and spouses names, Edward and Post: Rwanda. 6. Brothers and spouses names, none. Joan Rawson, none. Perry and Carol Rawson, Contributions, Amount, Date, and Donee: 7. Sisters and spouses names, Jo Sasser $25, summer of ’92, to a candidate for Demo- 1. Self, none. O’Brien and Dennis O’Brien, $1000 (primary), cratic primary election in Oregon to the US 2. Spouse, none. $1000 (general), July 11, 1994, Friends of Jim Senate; he cannot recall the candidate’s 3. Children and Spouses: Names: Matt and Sasse. name. Mark, none. 7. Sisters and spouses names, none. 4. Parents: Names: Elsie and Emmet FRIENDS OF JIM SASSER CONTRIBUTIONS Gerald Wesley Scott of Oklahoma, a Career Gribbin, none. Democratic Senatorial Campaign Member of the Senior Foreign Service, Class 5. Grandparents: Names: Deceased. Committee, 5/3/90 ...... $1,000 of Counselor, to be Ambassador Extraor- 6. Brothers and Spouses: Names: Joe and Tennessee Democratic Party, 6/12/90 .. 1,000 dinary and Plenipotentiary of the United Jane Gribbin, none and Scott and Paula Hoosiers for Tim Roemer, 10/17/90 ...... 1,000 States of America to the Republic of The Gribbin, none. Tennessee Democratic Party, 9/28/90 .. 500 Gambia. 7. Sisters and Spouses: Names: Alice and Victory 90 Rhode Island, 10/29/90 ...... 1,000 (The following is a list of all members of Newt Allen, none and Millie and John Tuck- Tennessee Democratic Party, 6/1/91 ... 1,000 my immediate family and their spouses. I er, none. Citizens for Senator Wofford, 8/1/91 .... 1,000 have asked each of these persons to inform Mr. HELMS. Mr. President, for the Tennessee Democratic Party, 5/26/92 .. 1,000 me of the pertinent contributions made by Committee on Foreign Relations, I also Democratic Senatorial Campaign them. To the best of my knowledge, the in- report favorably four nomination lists Committee, 10/20/92 ...... 15,000 formation contained in this report is com- David Davis for Congress, 9/24/92 ...... 1,000 plete and accurate.) in the Foreign Service which were Wyche Fowler for Senate, 11/18/92 ...... 1,000 Nominee: Gerald Wesley Scott. printed in full in the CONGRESSIONAL ‘‘Unity ’92—Federal’’, 12/23/92 ...... 1,000 Post: Banjul, The Gambia. RECORDS of September 5, September 22, Tennessee Democratic Party, 7/2/93 ... 1,000 Contributions, amount, date and donee: and October 31, 1995, and ask unani- Tennessee Democratic Party, 10/94 .... 60,750 1. Self, amounts of $150, February 1991, mous consent, to save the expense of Tennessee Democratic Party, 8/26/94 .. 1,000 March 1992, October 1992, December 1994 and reprinting on the Executive Calendar, Tennessee Democratic Party, 9/21/94 .. 850 of $100, August 1992 and March 1994, All to the Republican National Committee. that these nominations lie at the Sec- LEADERSHIP FOR THE FUTURE CONTRIBUTIONS 2. Spouse, Frances H. Scott, none. retary’s desk for the information of Lieberman ’94, 8/28/94 ...... $1,000 3. Children and spouses names: Charles Senators. Oberly for Senate, 7/28/94 ...... 1,000 Alan Scott and Michael Tacon Scott, both The PRESIDING OFFICER. Without Friends of Tom Andrews, 7/28/94 ...... 1,000 are minors, unmarried and have made no objection, it is so ordered. Jack Mudd for U.S. Senate, 7/28/94 ..... 1,000 contributions. (The nominations ordered to lie on Moynihan Committee, 7/28/94 ...... 1,000 4. Parents names, Charles Wesley Scott the Secretary’s desk were printed in Sullivan for Senate, 8/3/94 ...... 1,000 (deceased) and Dorothy Scott, no contribu- Lautenberg Committee, 7/15/94 ...... 1,000 tions made. the RECORDS of September 5, 22, and A Lot of People Who Support Jeff 5. Grandparents names, William and Geor- October 31, 1995, at the end of the Sen- Bingaman, 7/15/94 ...... 1,000 gia Scott; Henry and Mary Heidlage, All de- ate proceedings.) Ann Wynia for U.S. Senate, 7/15/94 ..... 1,000 ceased for over fifteen years. THE FOLLOWING-NAMED CAREER MEMBERS OF THE Ann Wynia for U.S. Senate, 7/28/94 ..... 1,000 6. Brothers and spouses names, Charles Mi- SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF STATE FOR PROMOTION IN THE SENIOR FOREIGN SERV- Democratic Senatorial Campaign chael Scott and Susan Scott, $50 on July 15, ICE TO THE CLASSES INDICATED: Committee, 7/28/94 ...... 5,000 1994 to the Rob Johnson for Congress cam- CAREER MEMBER OF THE SENIOR FOREIGN SERVICE McCurdy for Senate, 8/4/94 ...... 1,000 paign. OF THE UNITED STATES OF AMERICA, CLASS OF CAREER Citizens for Sarbanes, 8/22/94 ...... 2,000 7. Sisters and spouses names, Joan Tucker MINISTER: CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE Oberly for Senate, 8/25/94 ...... 1,000 and Lyndell Tucker, $20 on January 24, 1995 OF THE UNITED STATES OF AMERICA, CLASS OF MIN- Friends of Jim Cooper, 9/15/94 ...... 1,000 and March 27, 1995 to the Republican Nat. ISTER-COUNSELOR: Tennessee Democratic Party, 9/15/94 .. 5,000 Committee. EDWARD GORDON ABINGTON, JR., OF FLORIDA Congressman Bart Gordon Commit- Ralph R. Johnson, of Virginia, a Career RICHARD A. BOUCHER, OF MARYLAND tee, 9/15/94 ...... 1,000 Member of the Senior Foreign Service, Class WILLIAM D. CLARKE, OF MARYLAND of Minister-Counselor, to be Ambassador Ex- RUST M. DEMING, OF THE DISTRICT OF COLUMBIA Harold Byrd for Congress, 9/19/94 ...... 1,000 DONALD WILLIS KEYSER, OF VIRGINIA Jeff Whorley for Congress, 9/19/94 ...... 1,000 traordinary and Plenipotentiary of the Unit- RUSSELL F. KING, OF CALIFORNIA McCurdy for Senate, 9/27/94 ...... 1,000 ed States of America to the Slovak Republic. DANIEL CHARLES KURTZER, OF FLORIDA (The following is a list of all members of JOHN MEDEIROS, OF NEW YORK Sims for Senate, 10/6/94 ...... 1,000 BERNARD C. MEYER, M.D., OF FLORIDA Coppersmith for Senate, 10/6/94 ...... 1,000 my immediate family and their spouses. I BRUCE T. MULLER, M.D., OF MICHIGAN Randy Buttons for Congress, 10/21/94 . 1,000 have asked each of these persons to inform RONALD E. NEUMANN, OF VIRGINIA me of the pertinent contributions made by RUDOLF VILEM PERINA, OF CALIFORNIA Dianne Feinstein for Senate, 10/27/94 . 1,000 ROBIN LYNN RAPHEL, OF WASHINGTON Campaign 94–Federal Account, 10/28/ them. To the best of my knowledge, the in- SIDNEY V. REEVES, OF TEXAS 94 ...... 5,000 formation contained in this report is com- CHARLES PARKER RIES, OF TEXAS plete and accurate.) NANCY H. SAMBAIEW, OF TEXAS Wyoming Co-Ordinated Party, 11/3/94 1,000 RICHARD J. SHINNICK, OF NEW YORK New Mexico Democratic Party, 11/3/94 2,000 Nominee: Ralph R. Johnson. C. DAVID WELCH, OF CALIFORNIA Sullivan for Senate, 11/3/94 ...... 1,000 Post: Slovak Republic. Contributions, Amount, Date, and Donee: THE FOLLOWING-NAMED CAREER MEMBERS OF THE Montana Democratic Party, 11/3/94 .... 3,000 FOREIGN SERVICE FOR PROMOTION INTO THE SENIOR Oklahoma Democratic Party, 11/3/94 . 3,000 1. Self: Ralph Johnson, none. FOREIGN SERVICE, AND FOR APPOINTMENT AS CON- 2. Spouse: Ann Johnson, none. SULAR OFFICERS AND SECRETARIES IN THE DIPLO- National Council for Senior Citizens, 3. Children and Spouses: Names: David and MATIC SERVICE, AS INDICATED: 11/3/94 ...... 5,000 CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE Timothy Johnson, none. OF THE UNITED STATES OF AMERICA, CLASS OF COUN- David P. Rawson, of Michigan, a Career 4. Parents: Names: Ralph W. Johnson, de- SELOR: Member of the Senior Foreign Service, Class ceased and Margaret Johnson, deceased. MARSHA E. BARNES, OF KENTUCKY of Counselor, to be Ambassador Extraor- 5. Grandparents: Names: Deceased. MARK M. BOULWARE, OF TEXAS dinary and Plenipotentiary of the United 6. Brothers and Spouses: Names: Thomas JACQUELYN OWENS BRIGGS, OF MICHIGAN States of America to the Republic of Mali. and Pat Johnson, $180, 1992, Clinton for WILLIAM RIVINGTON BROWNFIELD, OF TEXAS STEVEN A. BROWNING, OF TEXAS (The following is a list of all members of President ($30), Clinton/Gore Compliance R. NICHOLAS BURNS, OF NEW HAMPSHIRE my immediate family and their spouses. I Fund ($150), $50, 1994, Ron Sims for Senate; JOHN PATRICK CAULFIELD, JR., OF NEW JERSEY have asked each of these persons to inform and $50, 1995, Clinton/Gore 1996 Parkway. RICHARD A. CHRISTENSON, OF WISCONSIN GENE BURL CHRISTY, OF TEXAS me of the pertinent contributions made by 7. Sisters and Spouses: Names: none. JOHN ALBERT CLOUD, JR., OF VIRGINIA them. To the best of my knowledge, the in- ROGER J. DALEY, OF NEW YORK formation contained in this report is com- Robert E. Gribbin III, of Alabama, a Career ROBERT EMMETT DOWNEY, OF NEW JERSEY JAMES J. EHRMAN, OF WISCONSIN plete and accurate.) Member of the Senior Foreign Service, Class DANIEL TED FANTOZZI, OF VIRGINIA Nominee: David P. Rawson. of Counselor, to be Ambassador Extraor- MICHAEL F. GALLAGHER, OF PENNSYLVANIA Post: Bamako, Republic of Mali. dinary and Plenipotentiary of the United BRUCE N. GRAY, OF CALIFORNIA JON GUNDERSEN, OF NEW YORK Contributions, amount, date, and donee: States of America to the Republic of Rwan- DOUGLAS ALAN HARTWICK, OF WASHINGTON 1. Self, none. da. CAROLEE HEILEMAN, OF NEBRASKA December 12, 1995 CONGRESSIONAL RECORD — SENATE S 18441

CHRISTOPHER ROBERT HILL, OF RHODE ISLAND ROBERT S. GELBARD, OF NEW YORK COLLEEN ELIZABETH HYLAND, OF NEW HAMPSHIRE SUSAN S. JACOBS, OF MICHIGAN CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE ANN LANG IRVINE, OF MARYLAND RICHELE KELLER, OF SOUTH CAROLINA OF THE UNITED STATES OF AMERICA, CLASS OF MIN- OLIVER BRAINARD JOHN, OF VIRGINIA LAURA-ELIZABETH KENNEDY, OF VIRGINIA ISTER-COUNSELOR: EDWARD B. JOHNS, JR., OF PENNSYLVANIA JOHN W. LIMBERT, OF VERMONT JILL JOHNSON, OF CALIFORNIA WAYNE K. LOGSDON, OF WASHINGTON EDWARD GORDON ABINGTON, JR., OF FLORIDA MARGARET FRANCES JUDY, OF OREGON THOMAS A. LYNCH, JR., OF VIRGINIA RICHARD A. BOUCHER, OF MARYLAND JOHYN LINUS JUNK, OF FLORIDA FREDERIC WILLIAM MAERKLE III, OF CALIFORNIA WILLIAM D. CLARKE, OF MARYLAND CHRISTOPHER KAVANAGH, OF ILLINOIS MICHAEL E. MALINOWSKI, OF ILLINOIS RUST M. DEMING, OF THE DISTRICT OF COLUMBIA ERIC RANDALL KETTNER, OF CALIFORNIA S. AHMED MEER, OF MARYLAND DONALD WILLIS KEYSER, OF VIRGINIA MARC DANIEL KOEHLER, OF CALIFORNIA MICHAEL D. METELITS, OF CALIFORNIA RUSSELL F. KING, OF CALIFORNIA GREGORY F. LAWLESS, OF CALIFORNIA DAVID FRANCIS ROGUS, OF NEW YORK DANIEL CHARLES KURTZER, OF FLORIDA JILL CATHERINE LUNDY, OF VIRGINIA VLADIMIR PETER SAMBAIEW, OF TEXAS JOHN MEDEIROS, OF NEW YORK PAUL RAMSEY MALIK, OF CALIFORNIA BRENDA BROWN SCHOONOVER, OF CALIFORNIA BERNARD C. MYERS, M.D., OF FLORIDA CAROLINE BRADLEY MANGELSDORF, OF CALIFORNIA DEBORAH RUTH SCHWARTZ, OF MARYLAND BRUCE T. MULLER, M.D., OF MICHIGAN MARYANNE THERESE MASTERSON, OF VIRGINIA CHARLES S. SHAPIRO, OF GEORGIA RONALD NEUMANN, OF VIRGINIA CARYN R. MC CLELLAND, OF CALIFORNIA CATHERINE MUNNELL SMITH, OF CONNECTICUT RUDOLF VILEM PERINA, OF CALIFORNIA RICHARD MARSHALL MC CRENSKY, OF VIRGINIA JOAN VERONICA SMITH, OF THE DISTRICT OF COLUMBIA ROBIN LYNN RAPHEL, OF WASHINGTON JANE S. WILSON MESSENGER, OF VIRGINIA JAMES WEBB SWIGERT, OF VERMONT SIDNEY V. REEVES, OF TEXAS DAVID SLAYTON MEALE, OF VIRGINIA GRETCHEN GERWE WELCH, OF CALIFORNIA CHARLES PARKER RIES, OF TEXAS KIN WAH MOY, OF MINNESOTA STEVEN J. WHITE, OF FLORIDA NANCY H. SAMBAIEW, OF TEXAS ANN G. O’BARR-BREEDLOVE, OF GEORGIA NICHOLAS M. WILLIAMS, OF NEW YORK RICHARD J. SHINNICK, OF NEW YORK JULIE ANNE O’REAGAN, OF TEXAS C. DAVID WELCH, OF CALIFORNIA CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE, LESLIE MARIE PADILLA, OF NEW MEXICO CLASS OF COUNSELOR, AND CONSULAR OFFICERS AND THE FOLLOWING-NAMED CAREER MEMBERS OF THE JAMES M. PEREZ, OF FLORIDA SECRETARIES IN THE DIPLOMATIC SERVICE OF THE FOREIGN SERVICE FOR PROMOTION INTO THE SENIOR MIRA PIPLANI, OF VIRGINIA UNITED STATES OF AMERICA: FOREIGN SERVICE, AND FOR APPOINTMENT AS CON- SARA ELLEN POTTER, OF VERMONT SULAR OFFICERS AND SECRETARIES IN THE DIPLO- DAVID J. RANZ, OF NEW YORK ARNOLD JACKSON CRODDY, JR., OF MARYLAND MATIC SERVICE, AS INDICATED: JOHN THOMAS RATH, OF TEXAS SCOTT MARK KENNEDY, M.D., OF CALIFORNIA CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE CHRISTOPHER E. RICH, OF MARYLAND FREDERICK M. KRUG, OF NEW JERSEY OF THE UNITED STATES OF AMERICA, CLASS OF COUN- SCOTT LAIRD ROLSTON, OF FLORIDA THOMAS LAWMAN LUCAS, M.D., OF FLORIDA SELOR: J. BRINTON ROWDYBUSH, OF OHIO ERIC RALPH RIES, OF FLORIDA MARSHA E. BARNES, OF KENTUCKY SUSAN LAURA RUFFO, OF WASHINGTON JAMIE SUAREZ, M.D., OF LOUISIANA MARK M. BOULWARE, OF TEXAS JULIE RUTERBORIES, OF TEXAS JAMES VANDERHOFF, OF TEXAS JACQUELYN OWENS BRIGGS, OF MICHIGAN MICHAEL D. SCANLAN, OF PENNSYLVANIA JOHN G. WILLIAMS JR., M.D., OF MAINE WILLIAM RIVINGTON BROWNFIELD, OF TEXAS JOHN PAUL SCHUTTE, OF NEBRASKA SANDRA L. WILLIAMS, OF MARYLAND STEVEN A. BROWNING, OF TEXAS DAVID L. SCOTT, OF TEXAS THE FOLLOWING-NAMED PERSONS OF THE AGENCIES R. NICHOLAS BURNS, OF NEW HAMPSHIRE STEPHEN M. SCHWARTZ, OF NEW YORK INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- JOHN PATRICK CAULFIELD, JR., OF NEW JERSEY JANET DAWN SHANNON, OF WASHINGTON FICERS OF THE CLASSES STATED, AND ALSO FOR THE RICHARD A. CHRISTENSON, OF WISCONSIN CECILE SHEA, OF NEVADA OTHER APPOINTMENTS INDICATED HEREWITH: GENE BURL CHRISTY, OF TEXAS GRACE WHITAKER SHELTON, OF GEORGIA FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF JOHN ALBERT CLOUD, JR., OF VIRGINIA KENT C. SHIGETOMI, OF WASHINGTON CLASS ONE, CONSULAR OFFICERS AND SECRETARIES IN ROGER J. DALEY, OF NEW YORK ROBERT SILBERSTEIN, OF VIRGINIA THE DIPLOMATIC SERVICE OF THE UNITED STATES OF ROBERT EMMETT DOWNEY, OF NEW JERSEY CHARLES SKIPWITH SMITH, OF WASHINGTON AMERICA: JAMES J. EHRMAN, OF WISCONSIN MARTIN HENRY STEINER, OF CALIFORNIA AGENCY FOR INTERNATIONAL DEVELOPMENT DANIEL TED FANTOZZI, OF VIRGINIA MARGARET L. TAMS, OF COLORADO MICHAEL F. GALLAGHER, OF PENNSYLVANIA JOHN STEPHEN TAVENNER, OF TEXAS PAULA O. GODDARD, OF VIRGINIA BRUCE N. GRAY, OF CALIFORNIA LISA L. TEPPER, OF COLORADO BRIAN THOMAS WALCH, OF NEW JERSEY DEPARTMENT OF COMMERCE JON GUNDERSEN, OF NEW YORK DOUGLAS ALAN HARTWICK, OF WASHINGTON JAMES MICHAEL WALLER, OF MISSOURI PETER BOHEN, OF PUERTO RICO CAROLEE HEILEMAN, OF NEBRASKA ROBERT WARD, OF VIRGINIA CHRISTOPHER ROBERT HILL, OF RHODE ISLAND JAN LIAM WASLEY, OF NEW JERSEY DEPARTMENT OF STATE SUSAN S. JACOBS, OF MICHIGAN MYLES E. WEBER, OF MINNESOTA DAVID J. WHIDDON, OF GEORGIA ROBERT E. DAVIS, OF WASHINGTON RICHELE KELLER, OF SOUTH CAROLINA LAURA-ELIZABETH KENNEDY, OF VIRGINIA ERIC PAUL WHITAKER, OF CALIFORNIA FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF JOHN W. LIMBERT, OF VERMONT LYNN M. WHITLOCK, OF PENNSYLVANIA CLASS TWO, CONSULAR OFFICERS AND SECRETARIES IN WAYNE K. LOGSDON, OF WASHINGTON JOHN KING WHITTLESEY, OF FLORIDA THE DIPLOMATIC SERVICE OF THE UNITED STATES OF THOMAS A. LYNCH, JR., OF VIRGINIA THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN AMERICA: FREDERIC WILLIAM MAERKLE III, OF CALIFORNIA SERVICE OF THE DEPARTMENTS OF STATE AND COM- DEPARTMENT OF COMMERCE MICHAEL E. MALINOWSKI, OF ILLINOIS MERCE TO BE CONSULAR OFFICERS AND/OR SECRETAR- S. AHMED MEER, OF MARYLAND IES IN THE DIPLOMATIC SERVICE OF THE UNITED MARGARET CORKERY, OF THE DISTRICT OF COLUMBIA MICHAEL D. METELITS, OF CALIFORNIA STATES OF AMERICA, AS INDICATED: RICHARD REED, OF WASHINGTON DAVID FRANCIS ROGUS, OF NEW YORK CONSULAR OFFICERS AND SECRETARIES IN THE DIP- VLADIMIR PETER SAMBAIEW, OF TEXAS LOMATIC SERVICE OF THE UNITED STATES OF AMERICA: FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF BRENDA BROWN SCHOONOVER, OF CALIFORNIA CLASS THREE, CONSULAR OFFICERS AND SECRETARIES DEBORAH RUTH SCHWARTZ, OF MARYLAND JORGAN K. ANDREWS, OF COLORADO IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF CHARLES S. SHAPIRO, OF GEORGIA ROBERT D. BANNERMAN, OF MARYLAND AMERICA: CATHERINE MUNNELL SMITH, OF CONNECTICUT ERIC BARBORIAK, OF WISCONSIN DEPARTMENT OF STATE JOAN VERONICA SMITH, OF THE DISTRICT OF COLUMBIA AMBER M. BASKETTE, OF FLORIDA JAMES WEBB SWIGERT, OF VERMONT KEREM SERDAR RILGE, OF CALIFORNIA OLA CRISS, OF VIRGINIA GRETCHEN GERWE WELCH, OF CALIFORNIA KAREN M. BLACK, OF NEW YORK PAUL PETER POMETTO II, OF THE DISTRICT OF COLUM- STEVEN J. WHITE, OF FLORIDA BERYL C. BLECHER, OF MARYLAND BIA NICHOLAS M. WILLIAMS, OF NEW YORK IAN P. CAMPBELL, OF CALIFORNIA JOYCE VESTA SEWNARINE, OF MARYLAND THEODORE R. COLEY, OF PENNSYLVANIA ROSA MARIA WHITAKER, OF THE DISTRICT OF COLUMBIA CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE. J.A. DIFFILY, OF CALIFORNIA TERRENCE K.H. WONG, OF WASHINGTON CLASS OF COUNSELOR, AND CONSULAR OFFICERS AND PETER T. ECKSTROM, OF MINNESOTA SECRETARIES IN THE DIPLOMATIC SERVICE OF THE MATTHEW A. FINSTON, OF ILLINOIS FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF UNITED STATES OF AMERICA. CALLI FULLER, OF TEXAS CLASS FOUR, CONSULAR OFFICERS AND SECRETARIES IN ARNOLD JACKSON CRODDY, JR., OF MARYLAND CLEMENT R. GAGNE, III, OF MARYLAND THE DIPLOMATIC SERVICE OF THE UNITED STATES OF SCOTT MARK KENNEDY, M.D., OF CALIFORNIA GORY A. GENNARO, OF VIRGINIA AMERICA: FREDERICK M. KRUG, OF NEW JERSEY HENRY GRADY GATLIN, III, OF FLORIDA DEPARTMENT OF STATE THOMAS LAWMAN LUCAS, M.D., OF FLORIDA BINH D. HARDESTY, OF VIRGINIA ERIC RALPH RIES, OF FLORIDA J. MARINDA HARPOLE, OF THE DISTRICT OF COLUMBIA GEORGE WILLIAM ALDRIDGE, OF TEXAS JAMIE SUAREZ, M.D., OF LOUISIANA KATHARINE MC CALLIE COCHRANE HART, OF VIRGINIA CAROLYN P. ALSUP, OF FLORIDA JAMES VANDERHOFF, OF TEXAS MARGARET R. HORAN, OF THE DISTRICT OF COLUMBIA DOUGLAS J. APOSTOL, OF VIRGINIA JOHN G. WILLIAMS JR., M.D., OF MAINE M. ALLISON INSLEY, OF GEORGIA CONSTANCE C. ARVIS, OF CALIFORNIA SANDRA L. WILLIAMS, OF MARYLAND PAM R. JENOFF, OF NEW JERSEY ANTONIA JOY BARRY, OF PENNSYLVANIA WILLIAM HUIE DUNCAN, OF TEXAS JAN LEVIN, OF NEW YORK PAMELA MARIE BATES, OF OHIO MAEVE SIOBHAN DWYER, OF MARYLAND ERVIN JOSE MASSINGA, OF WASHINGTON VIRGINIA LYNN BENNETT, OF GEORGIA CARI ENAV, OF NEW YORK IAN JOSEPH MC CARY, OF NEW YORK MARK W. BOCCHETTI, OF MISSOURI STEPHANIE KAY ESHELMAN, OF THE DISTRICT OF CO- MICHAEL L. MC GEE, OF ALABAMA STEVEN C. BONDY, OF FLORIDA LUMBIA JANICE C. MC HENRY, OF VIRGINIA DAVID W. BOYLE, OF VIRGINIA MICHELLE MARIE ESPERDY, OF PENNSYLVANIA SHARON F. MUSSOMELI, OF VIRGINIA SANDRA HAMILTON BRITO, OF ARIZONA JANICE RUTH FAIR, OF TEXAS ROBERT LOUIS NELSON, OF VIRGINIA NATALIE EUGENIA BROWN, OF VIRGINIA MOLLY FAYEN, OF ARIZONA DAVID TIMOTHY NOBLES, OF CALIFORNIA ANGIE BRYAN, OF TEXAS PAUL STEVEN FOLDI, OF DELAWARE MICHELLE L. O’NEILL, OF THE DISTRICT OF COLUMBIA JENNIFER LEE CATHCART, OF OHIO ELEANORE M. FOX, OF CALIFORNIA CARLA PANCHECO, OF CALIFORNIA PATRICK LIANG CHOW, OF NEW YORK MARK EDWARD FRY, OF MICHIGAN DAVID WILLIAM PITTS, OF VIRGINIA MARK DANIEL CLARK, OF ARIZONA GREGORY D.S. FUKUTOMI, OF CALIFORNIA BRETT GEORGE POMAINVILLE, OF COLORADO DAVID C. CONNELL, OF THE DISTRICT OF COLUMBIA MEGAN MARIE GAAL,OF CALIFORNIA BRIAN B. RHEE, OF VIRGINIA GENE CRAIG COOMBS, OF NORTH CAROLINA RICHARD B. GAFFIN III, OF ARIZONA STEVEN C. RICE, OF WYOMING ANDREW DAVID CRAFT, OF IOWA KATHRYN SCHMICH GELNER, OF MISSOURI ROBERT J. RILEY, OF WASHINGTON KATHLEEN L. CUNNINGHAM, OF IOWA BONNIE GLICK, OF ILLINOIS PETER THORIN, OF WASHINGTON CHRISTIAN R. DE ANGELIS, OF NEW JERSEY REBECCA ELIZA GONZALES, OF TEXAS HARRY L. TYNER, OF VIRGINIA MATTHEW BEDFORD DEVER, OF THE DISTRICT OF CO- FORREST J. GOULD, OF NEW HAMPSHIRE ROBERT A. WEBER, OF FLORIDA LUMBIA TRACY ALAN HALL, OF NORTH CAROLINA ALAN CURTIS WONG, OF CALIFORNIA PUSHPINDER S. DHILLON, OF OREGON DAVID E. HANZLIK, OF ILLINOIS ROBERT EUGENE WONG, OF NEW YORK WILLIAM D. DOUGLASS, OF NEVADA PETER X. HARDING, OF MASSACHUSETTS THE FOLLOWING-NAMED INDIVIDUAL FOR PROMOTION FOREIGN SERVICE JOHN PETER HIGGINS, OF MINNESOTA MARK T. HILL, OF SOUTH DAKOTA IN THE SENIOR FOREIGN SERVICE TO THE CLASS INDI- THE FOLLOWING-NAMED CAREER MEMBERS OF THE DAVID ANDREW HODGE, OF TEXAS CATED, EFFECTIVE NOVEMBER 28, 1993: SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF MICHAEL W. HOFF, OF CALIFORNIA CAREER MEMBER OF THE SENIOR FOREIGN SERVICE STATE FOR PROMOTION IN THE SENIOR FOREIGN SERV- EVAN T. HOUGH, OF FLORIDA OF THE UNITED STATES OF AMERICA, CLASS OF COUN- ICE TO THE CLASSES INDICATED: JEREMIAH H. HOWARD, OF NEW JERSEY SELOR: CAREER MEMBER OF THE SENIOR FOREIGN SERVICE STEPHEN A. HUBLER, OF PENNSYLVANIA DEPARTMENT OF STATE OF THE UNITED STATES OF AMERICA, CLASS OF CAREER AUDREY BONITA HUON-DUMENTAT, OF ILLINOIS MINISTER: ANDREW GRISWOLD HYDE, OF CALIFORNIA MICHAEL RANNEBERGER, OF VIRGINIA S 18442 CONGRESSIONAL RECORD — SENATE December 12, 1995 THE FOLLOWING-NAMED CAREER MEMBERS OF THE MARSHALL W. HENDERSON, OF CALIFORNIA By Mr. BROWN (for himself and Mrs. SENIOR FOREIGN SERVICE OF THE AGENCY FOR INTER- MARYANNE HOIRUP-BACOLOD, OF CALIFORNIA NATIONAL DEVELOPMENT FOR PROMOTION IN THE SEN- EDITH I. HOUSTON, OF TEXAS FEINSTEIN): IOR FOREIGN SERVICE TO THE CLASSES INDICATED: CYNTHIA J. JUDGE, OF OREGON S. 1469. A bill to extend the United States- CAREER MEMBER OF THE SENIOR FOREIGN SERVICE CEOPUS KENNEDY, OF ALABAMA Israel free trade agreement to the West Bank OF THE UNITED STATES OF AMERICA, CLASS OF CAREER JEFFREY RANDALL LEE, OF VIRGINIA and Gaza Strip; to the Committee on Fi- MINISTER: RAYMOND L. LEWMAN, OF WASHINGTON JENNIFER NOTKIN, OF MASSACHUSETTS nance. CAROL A. PEASLEY, OF CALIFORNIA DIANE L. RAWL, OF VIRGINIA By Mr. MCCAIN (for himself, Mr. ROTH, CHARLES F. WEDEN, JR., OF VIRGINIA JOHN R. WESTLEY, OF THE DISTRICT OF COLUMBIA DEPARTMENT OF AGRICULTURE and Mr. DOLE): AARON S. WILLIAMS, OF VIRGINIA S. 1470. A bill to amend title II of the So- DAVID W. COTTRELL, OF FLORIDA CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE cial Security Act to provide for increases in OF THE UNITED STATES OF AMERICA, CLASS OF MIN- UNITED STATES INFORMATION AGENCY the amounts of allowable earnings under the ISTER-COUNSELOR: MYUNGSOO MAX KWAK, OF MARYLAND social security earnings limit for individuals KEITH E. BROWN, OF VIRGINIA FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF who have attained retirement age, and for MYRON GOLDEN, OF OHIO CLASS FOUR, CONSULAR OFFICERS AND SECRETARIES IN other purposes; to the Committee on Fi- JOSEPH B. GOODWIN, OF MISSOURI THE DIPLOMATIC SERVICE OF THE UNITED STATES OF WILLIAM T. OLIVER, JR., OF VIRGINIA AMERICA: nance. CYNTHIA F. ROZELL, OF CALIFORNIA By Mr. HATCH (for himself and Mr. DEPARTMENT OF STATE BARBARA P. SANDOVAL, OF VIRGINIA KENNEDY): KENNETH G. SCHOFIELD, OF THE DISTRICT OF COLUMBIA SENECA ELIZABETH JOHNSON, OF IDAHO S. 1471. A bill to make permanent the pro- WILBUR G. THOMAS, OF OKLAHOMA LAWRENCE J. KAY, OF IOWA gram of malpractice coverage for health cen- W. HOWIE MUIR, OF CONNECTICUT THE FOLLOWING-NAMED CAREER MEMBERS OF THE ters under the Federal Tort Claims Act, and FOREIGN SERVICE OF THE AGENCY FOR INTERNATIONAL UNITED STATES INFORMATION AGENCY DEVELOPMENT FOR PROMOTION INTO THE SENIOR FOR- for other purposes; to the Committee on the EIGN SERVICE, AND FOR APPOINTMENT AS CONSULAR JOSEPH A. BOOKBINDER, OF NEW YORK Judiciary. OFFICER AND SECRETARY IN THE DIPLOMATIC SERVICE, JAMES GREGORY CHRISTIANSEN, OF VIRGINIA AS INDICATED: JENNIFER L. DENHARD, OF MARYLAND f CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE KATHERINE HOWARD, OF MICHIGAN OF THE UNITED STATES OF AMERICA, CLASS OF COUN- MAURA MARGARET KENISTON, OF NEW YORK STATEMENTS ON INTRODUCED SELOR: JOSEPH PATRICK KRUZICH, OF OREGON BILLS AND JOINT RESOLUTIONS PHILIP THOMAS REEKER, OF NEW YORK ANNE H. AARNES, OF WASHINGTON MICHAEL WILLIAM STANTON, OF VIRGINIA By Mr. HEFLIN: GLENN E. ANDERS, OF FLORIDA RODNEY MATTHEW THOMAS, OF RHODE ISLAND GRANT WILLIAM ANDERSON, OF THE DISTRICT OF CO- MARK TONER, OF PENNSYLVANIA S. 1468. A bill to extend and improve LUMBIA DALE EDWARD WEST, OF TEXAS the price support and production ad- LILIANA AYALDE, OF MARYLAND KATHERINE L. WOOD, OF VIRGINIA PATRICIA K. BUCKLES, OF FLORIDA JULIET WURR, OF CALIFORNIA justment program for peanuts, to es- JONATHAN M. CONLY, OF PENNSYLVANIA tablish standards for the inspection, J. MICHAEL DEAL, OF CALIFORNIA THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN DIRK WILLEM DIJKERMAN, OF NEW YORK SERVICE OF THE DEPARTMENTS OF STATE AND COM- handling, storage, and labeling of all KENNETH C. ELLIS, OF VIRGINIA MERCE TO BE CONSULAR OFFICERS AND/OR SECRETAR- peanuts and peanut products sold in PAULA FEENEY, OF WEST VIRGINIA IES IN THE DIPLOMATIC SERVICE OF THE UNITED LINDA RAE GREGORY, OF FLORIDA STATES OF AMERICA, AS INDICATED: the United States, and for other pur- TOBY L. JARMAN, OF VIRGINIA CONSULAR OFFICERS AND SECRETARIES IN THE DIP- poses, to the Committee on Agri- EDWARD L. KADUNC, OF FLORIDA LOMATIC SERVICE OF THE UNITED STATES OF AMERICA: DONALD G. KEENE, OF CALIFORNIA SERGE M. ALEKSANDROV, OF MARYLAND culture, Nutrition, and Forestry. GAIL M. LECCE, OF VIRGINIA LORI H. ALVORD, OF WISCONSIN THE HEFLIN-ROSE PEANUT IMPROVEMENT ACT MARY L. LEWELLEN, OF NEVADA CHARLES S. BAXTER, OF VIRGINIA OF 1995 LEWIS W. LUCKE, OF TEXAS DAVID A. BLOCK, OF VIRGINIA DONALD R. MACKENZIE, OF FLORIDA CHESTER WINSTON BOWIE, OR MARYLAND ∑ Mr. HEFLIN. Mr. President, I intro- TIMOTHY M. MAHONEY, OF VIRGINIA STEPHEN CRAIG BRADLEY, OF VIRGINIA LAURIER D. MAILLOUX, OF THE DISTRICT OF COLUMBIA KIP ANDREW BRAILEY, OF VIRGINIA duce the Heflin-Rose Peanut Program DESAIX B. MYERS III, OF CALIFORNIA STEPHANIE LYNN BRITT, OF VIRGINIA Improvement Act of 1995. WALTER E. NORTH, OF WASHINGTON MARC R. CARDWELL, OF VIRGINIA Auburn University recently released THOMAS E. PARK, OF THE DISTRICT OF COLUMBIA THEODORE D. CARLSON, OF VIRGINIA DONALD L. PRESSLEY, OF VIRGINIA STACEY T. COSTLEY, OF MARYLAND a study based on the same economic EMMY B. SIMMONS, OF VIRGINIA JONATHAN S. DALBY, OF VIRGINIA impact model employed by the Base MARCUS L. STEVENSON, OF MARYLAND DOLLIE N. DAVIS, OF MARYLAND KAREN D. TURNER, OF THE DISTRICT OF COLUMBIA HELEN DAVIS-DELANEY, OF MARYLAND Closure and Realignment Commission RONALD E. ULLRICH, OF VIRGINIA CLAUDIA N. DEVERALL, OF VIRGINIA to determine the effects of various pro- ALAN E. VAN EGMOND, OF MARYLAND PAUL R. FELDTMOSE, OF MARYLAND CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, KERRY L. GAFNEY, OF VIRGINIA posals that were being considered be- CLASS OF COUNSELOR, AND CONSULAR OFFICER AND MARC T. GALKIN, OF VIRGINIA fore the Lugar-Armey peanut program SECRETARY IN THE DIPLOMATIC SERVICE OF THE UNIT- FELIX GONZALEZ, OF VIRGINIA ED STATES OF AMERICA: DAMIAN THOMAS GULLO, OF VIRGINIA compromise was reached and made part BRUCE R. HARRIS, JR., OF VIRGINIA of the Roberts farm bill, which is part SARAH S. OLDS, OF PENNSYLVANIA ANGE BELLE HASSINGER, OF THE DISTRICT OF COLUM- THE FOLLOWING-NAMED PERSONS OF THE AGENCIES BIA of the budget reconciliation bill. Using INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- MARGARET H. HENOCH, OF THE DISTRICT OF COLUMBIA the figures and calculations of the Au- FICERS OF THE CLASSES STATED, AND ALSO FOR THE ROBERT DOUGLAS JENKINS, OF VIRGINIA OTHER APPOINTMENTS INDICATED HEREWITH: RICHARD HILL JOHNSON, OF VIRGINIA burn report, the Lugar-Armey com- FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF KEITH PATRICK KELLY, OF MICHIGAN promise would result in an industry- CLASS ONE, CONSULAR OFFICERS AND SECRETARIES IN DAVID P. LAWLOR, OF VIRGINIA THE DIPLOMATIC SERVICE OF THE UNITED STATES OF STEVEN JON LEVAN, OF VIRGINIA wide, negative economic impact total- AMERICA: KEVIN G. LEW, OF VIRGINIA ling $375 million and will cause the loss ALAN LONG, OF VIRGINIA AGENCY FOR INTERNATIONAL DEVELOPMENT SHARON ANN LUNDAHL, OF VIRGINIA of 5,400 jobs throughout the peanut in- DEAN PETERSON, OF SOUTH DAKOTA dustry. HENRY LEE BARRETT, OF CALIFORNIA MICHAEL H. RAMSEY, OF VIRGINIA CAROL E. CARPENTER-YARMAN, OF CALIFORNIA E. ELIZABETH SALLIES, OF THE DISTRICT OF COLUMBIA While the Lugar-Armey compromise JOHN R. MORGAN, OF TENNESSEE LINDA M. SIPPRELLE, OF VIRGINIA is touted as an effort to achieve a no- DOUGLAS WYLIE PALMER, OF WASHINGTON RODNEY D. SMITH, OF VIRGINIA WILLIAM R. PARISH III, OF CALIFORNIA HARRY L. TYNER, OF VIRGINIA net-cost program, in reality it will cost FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF (THE ABOVE NOMINATIONS WERE REPORTED WITH THE taxpayers $60 million over 7 years. As a CLASS TWO, CONSULAR OFFICERS AND SECRETARIES IN RECOMMENDATION THAT THEY BE CONFIRMED, SUBJECT matter of fact, the Lugar-Armey com- THE DIPLOMATIC SERVICE OF THE UNITED STATES OF TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- AMERICA: QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY promise actually kills the program AGENCY FOR INTERNATIONAL DEVELOPMENT CONSTITUTED COMMITTEE OF THE SENATE.) over 7 years, encourages peanut im- f PETER H. DELP, OF CALIFORNIA ports, and cuts peanut farmer income MARGARET LORRAINE DULA, OF CALIFORNIA by nearly 30 percent. TAMERA ANN FILLINGER, OF CALIFORNIA INTRODUCTION OF BILLS AND Congressman CHARLIE ROSE and I NANCY J. LAWTON, OF VIRGINIA JOINT RESOLUTIONS MICHAEL E. SARHAN, OF ARKANSAS have worked on a peanut program MARY EDITH SCOVILL, OF VIRGINIA The following bills and joint resolu- DEE ANN SMITH, OF VIRGINIA which we feel is a much better bill. JAMES E. VERMILLION, OF FLORIDA tions were introduced, read the first This proposal guarantees a no-net-cost MICHAEL F. WALSH, OF PENNSYLVANIA and second time by unanimous con- program saves some $43 million above FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF sent, and referred as indicated: what the Lugar-Armey compromise CLASS THREE, CONSULAR OFFICERS AND SECRETARIES IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF By Mr. HEFLIN: saved. Our cost savings come from AMERICA: S. 1468. A bill to extend and improve the making foreign importers of peanuts DEPARTMENT OF STATE price support and production adjustment pay the same assessments that U.S. program for peanuts, to establish standards ELLIS MERRILL WALKER ESTES, OF CALIFORNIA peanut farmers have to pay and uses for the inspection, handling, storage, and la- ALONZO SIBERT, OF THE DISTRICT OF COLUMBIA this money to offset the cost of the AGENCY FOR INTERNATIONAL DEVELOPMENT beling of all peanuts and peanut products sold in the United States, and for other pur- peanut program. In addition, to impos- EMMANUEL BRUCE-ATTAH, OF TENNESSEE ing assessments on importers, our pro- JOSEPH L. DORSEY, OF TEXAS poses; to the Committee on Agriculture, Nu- STEVEN KENNETH DOSH, OF MARIANA ISLANDS trition, and Forestry. posal directs that the NAFTA and December 12, 1995 CONGRESSIONAL RECORD — SENATE S 18443 GATT revenue derived from imported ment by the Secretary of the Treasury ciary Committee, stipulates strict pro- peanuts go toward paying for the pea- or any other Federal officials. cedural requirements for the consider- nut program rather than reducing Under current law, seniors in this age ation of claims. For example, it does farmer income. group, who earn more than $11,280 this not provide for jury trials or the award The Heflin-Rose peanut program re- year, are penalized by forfeiting $1 for of punitive damages. These stream- frains from reducing farmer income by every $3 they earn over that limit. lined procedures act to reduce the cutting the loan rate, and therefore, When coupled with other Federal taxes, number of, and costs associated with, maintains the current law loan rate for these workers who earn above this tort claims. quota and additional peanuts. Unlike $11,280 mark face a 56-percent marginal By reducing insurance costs, the the Lugar-Armey peanut program, tax rate. more than 500 community and migrant which would allow unlimited cross- As I have often said, this is not fair. health centers can provide more direct country transfers, the Heflin-Rose bill The earnings penalty sends a message medical services to the 5 million Amer- also measure infrastructure stability to senior citizens that we no longer icans who rely on these centers for by permitting only limited transfers value their experience and expertise in their primary health care needs. across county lines. the work force. I am happy to intro- In the initial 3 years of our experi- Furthermore, our legislation address- duce this legislation that will provide ence under the FTCA, it is encouraging equity to these hard-working seniors. es health and food safety concerns due to find that all experience suggests I must note that a large part of the to the increased level of imports re- that health centers have a lower inci- sulting from GATT and NAFTA. The credit for this legislation in the Senate is due to the efforts of the senior Sen- dence of malpractice claims than com- American peanut farmer is held to the parable private insurance providers. ator from Arizona, Senator JOHN highest safety and inspection levels of Through fiscal year 1995, it has been any domestically-produced commodity. MCCAIN, who has tirelessly championed this cause. I thank him for his work on estimated that only 15 claims have To not require at least an equivalent been filed nationwide against the 119 level of protection from foreign-grown this issue.∑ By Mr. HATCH (for himself and Mr. KEN- participating health centers. Thus far, peanuts jeopardizes American consum- NEDY): no funds have been required to be paid ers. S. 1471. A bill to make permanent the out under the statute to satisfy claims. For example, the Heflin-Rose bill re- program of malpractice coverage for In fact, the Department of Health and quires that foreign-grown peanuts be health centers under the Federal Tort Human Services estimates that the inspected to determine whether or not Claims Act, and for other purposes; to 1992 law has saved over $14.3 million to they were produced with pesticides and the Committee on the Judiciary. date. This is consistent with the 1992 other chemicals banned for use in this THE FEDERAL TORT CLAIMS ACT MALPRACTICE House Judiciary Committee report on country. This legislation applies the COVERAGE FOR HEALTH CENTERS EXTENSION this topic which noted that the savings same standards for quality, freedom ACT OF 1995 from the law would far exceed the costs from aflatoxin and procedures for the Mr. HATCH. Mr. President, today of coverage. inspection and entry of imported pea- Senator KENNEDY and I are pleased to I want to take a moment to discuss nuts that currently apply to domesti- introduce S. 1471, the Federal Tort the history of this legislation in the cally-produced peanuts under Market- Claims Act Malpractice Coverage for 104th Congress. ing Agreement No. 146. Health Centers Extension Act of 1995. As I noted earlier, the House passed a Peanut farmers strongly support Our bill will make permanent an ex- similar bill today under suspension of achieving a no-net-cost peanut pro- emption in current law that provides the rules. gram. However, this goal can be medical malpractice coverage under The version reported from the House achieved without slashing farmer in- the Federal Tort Claims Act [FTCA] to Commerce Committee on September 27 come and with consideration to the federally funded community health was very similar to the approach that economic costs on the communities center personnel. Senator KENNEDY and I were develop- that work and depend on the produc- The current law is due to expire on ing. However, that bill recommended a tion of peanuts. If the Republicans are December 31, necessitating speedy con- 3-year extension whereas we believed a serious about deficit reduction, then sideration of this legislation in the permanent extension was warranted. this is a plan that saves a significant Congress. Ultimately, through discussions with amount above their proposal, ensures a I am pleased to announce that the our House colleagues, we were able to no-net-cost peanut program, and pre- House passed this afternoon a similar reach an agreement and the bill that serves farmer income while safeguard- bill, H.R. 1747, authored by my good passed the House today makes the ing American consumers with food friend from Connecticut, Representa- FTCA coverage for CHC’s permanent. safety provisions for imported peanuts tive NANCY JOHNSON and I am hopeful The bill that passed the House today and peanut products.∑ the Senate can take up the Johnson also differs from our approach in two bill forthwith. By Mr. MCCAIN (for himself, Mr. A brief recitation of the legislative other areas. ROTH, and Mr. DOLE) history on this issue may be useful to First, I understand that the House S. 1470. A bill to amend title II of the my colleagues at this point. bill makes explicit that centers are not Social Security Act to provide for in- In 1992, Senator KENNEDY and I required to operate under the FTCA creases in the amounts of allowable worked with our colleagues in the aegis. In other words, centers are free earnings under the social security House to treat community health cen- to purchase insurance on their own if earnings limit for individuals who have ter [CHC] physicians, nurses, and other they so desire. I believe this is appro- attained retirement age, and for other personnel as Federal employees under priate, and have no objection to this purposes; to the Committee on Fi- the FTCA for the purpose of defending provision. It clearly was our intent in nance. against malpractice claims. drafting S. 1471. THE SENIOR CITIZENS FREEDOM TO WORK ACT OF Substituting the FTCA remedy for Second, in order to address concerns 1995 private lawsuits relieves CHC’s from that our claims experience may be too ∑ Mr. ROTH. Mr. President, today, devoting their limited program funds limited in the first 3 years of operation with Senator MCCAIN, I am introducing to purchase costly private malpractice to predict the adequacy of future re- the Senior Citizens’ Freedom to Work insurance. Purchase of such insurance serves, we have provided for a General Act. This bill raises the Social Secu- had proven an extremely costly burden Accounting Office study of the medical rity earnings limit for workers age 65 to the centers, which, I believe, have liability risk exposure of centers. If—as to 69 to $30,000 by the year 2002. I am been doing a marvelous job in provid- seems unlikely based on the past expe- happy to say that this increase in the ing excellent care in underserved areas rience and future expectations—unfore- earnings limit is fully paid for over the on what amounts to a shoestring budg- seen problems develop in this program, 7-year period. In addition, this bill will et. this issue can be revisited. protect the Social Security trust fund The Federal Tort Claims Act, which The House bill contains a GAO study from disinvestment or underinvest- falls under the jurisdiction of the Judi- provision which is much more detailed S 18444 CONGRESSIONAL RECORD — SENATE December 12, 1995 than that embodied in the bill we in- ticides, to provide minor use crop pro- Constitution of the United States to troduce today. Again, I have no objec- tection, to improve pesticide toler- grant Congress and the States the tion to the House alternative. ances to safeguard infants and chil- power to prohibit the physical desecra- Mr. President, in closing, I note that dren, and for other purposes. tion of the flag of the United States. the administration is supportive of this S. 1289 f legislation and of making the program At the request of Mr. KYL, the name AUTHORITY FOR COMMITTEES TO permanent. According to a recent ad- of the Senator from Alaska [Mr. MUR- MEET ministration report in support of ex- KOWSKI] was added as a cosponsor of S. COMMITTEE ON BANKING, HOUSING, AND URBAN tending FTCA coverage: ‘‘Our experi- 1289, a bill to amend title XVIII of the AFFAIRS ence to date * * * is sufficiently posi- Social Security Act to clarify the use tive that we believe that it is advisable Mr. HATCH. Mr. President, I ask of private contracts, and for other pur- unanimous consent that the Commit- to adopt FTCA coverage without a poses. time limitation, rather than to con- tee on Banking, Housing, and Urban S. 1360 Affairs be authorized to meet during tinue to insert sunset provisions.’’ At the request of Mr. LEAHY, the the session of the Senate on Tuesday, The legislation that Senator KEN- name of the Senator from Illinois [Ms. December 12, 1995, to conduct a markup NEDY and I are introducing today will MOSELEY-BRAUN] was added as a co- of S. 1228, Iran Foreign Oil Sanctions result in the delivery of more public sponsor of S. 1360, a bill to ensure per- Act of 1995. health services to underserved areas sonal privacy with respect to medical The PRESIDING OFFICER. Without throughout the country, whether these records and health care-related infor- objection, it is so ordered. areas are urban or rural. It is no secret mation, and for other purposes. COMMITTEE ON ENVIRONMENT AND PUBLIC to my colleagues that I am a tremen- S. 1392 WORKS dous fan of the work that CHC’s are Mr. HATCH. Mr. President, I ask doing, especially in Utah, and I think At the request of Mr. BAUCUS, the name of the Senator from Maine [Ms. unanimous consent that the full Com- it behooves the Congress to give them mittee on Environment and Public SNOWE] was added as a cosponsor of S. this added tool to help improve health Works be granted permission to con- 1392, a bill to impose temporarily a 25- care services in areas in which access duct a hearing Tuesday, December 12, percent duty on imports of certain Ca- has traditionally suffered. at 2:30 p.m., Hearing room (SD–406) on nadian wood and lumber products, to At the bottom line, the 1992 legisla- S. 776, the Atlantic Striped Bass Con- require the administering authority to tion achieved more public health bang- servation Act Amendments of 1995. for-the-buck and should be made per- initiate an investigation under title The PRESIDING OFFICER. Without manent. VII of the Tariff Act of 1930 with re- objection, it is so ordered. spect to such products, and for other It is important that a bill be acted COMMITTEE ON FOREIGN RELATIONS upon in the near future to extend cov- purposes. Mr. HATCH. Mr. President, I ask erage so that centers will know wheth- S. 1414 unanimous consent that the Commit- er or not they have to purchase private At the request of Mrs. HUTCHISON, the tee on Foreign Relations be authorized coverage for 1996. Therefore, I urge my name of the Senator from Maine [Mr. to meet during the session of the Sen- colleagues to support a permanent ex- COHEN] was added as a cosponsor of S. ate on Tuesday, December 12, 1995, at 2 tension of the legislation authorizing 1414, a bill to ensure that payments p.m. to hold a business meeting to vote Federal Tort Claims Act coverage of during fiscal year 1996 of compensation on pending items. community health centers. for veterans with service-connected The PRESIDING OFFICER. Without f disabilities, of dependency and indem- objection, it is so ordered. nity compensation for survivors of COMMITTEE ON GOVERNMENTAL AFFAIRS ADDITIONAL COSPONSORS such veterans, and of other veterans Mr. HATCH. Mr. President, I ask S. 881 benefits are made regardless of Govern- unanimous consent on behalf of the At the request of Mr. PRYOR, the ment financial shortfalls. Governmental Affairs Committee to name of the Senator from Minnesota S. 1429 meet on Tuesday, December 12, at 2:15 [Mr. GRAMS] was added as a cosponsor At the request of Mr. DOMENICI, the p.m. for a markup on the following of S. 881, a bill to amend the Internal name of the Senator from Nebraska agenda: Revenue Code of 1986 to clarify provi- [Mr. KERREY] was added as a cosponsor NOMINATIONS sions relating to church pension bene- of S. 1429, a bill to provide clarification Donald S. Wasserman, to be member, fit plans, to modify certain provisions in the reimbursement to States for fed- Federal Labor Relations Board. relating to participants in such plans, erally funded employees carrying out David Williams, to be Inspector Gen- to reduce the complexity of and to Federal programs during the lapse in eral, Social Security Administration. bring workable consistency to the ap- appropriations between November 14, (Sequential referral. Finance held its plicable rules, to promote retirement 1995, through November 19, 1995. hearing on Thursday, November 30, and favorably reported the nominee out). savings and benefits, and for other pur- SENATE JOINT RESOLUTION 43 LEGISLATION poses. At the request of Mr. HELMS, the S. 1224, the Administrative Disputes S. 901 names of the Senator from Wisconsin Resolution Act of 1995. At the request of Mr. BENNETT, the [Mr. FEINGOLD], the Senator from The PRESIDING OFFICER. Without name of the Senator from New Mexico Rhode Island [Mr. PELL], the Senator objection, it is so ordered. [Mr. DOMENICI] was added as a cospon- from New York [Mr. MOYNIHAN], and COMMITTEE ON INDIAN AFFAIRS sor of S. 901, a bill to amend the Rec- the Senator from Illinois [Mr. SIMON] Mr. HATCH. Mr. President, I ask lamation Projects Authorization and were added as cosponsors of Senate unanimous consent that the Commit- Adjustment Act of 1992 to authorize Joint Resolution 43, a joint resolution tee on Indian Affairs be authorized to the Secretary of the Interior to partici- expressing the sense of Congress re- meet during the session of the Senate pate in the design, planning, and con- garding Wei Jingsheng; Gedhun on Tuesday, December 12, 1995, for pur- struction of certain water reclamation Choekyi Nyima, the next Panchen poses of conducting a markup on S. 814, and re-use projects and desalination re- Lama of Tibet; and the human rights to provide for the reorganization of the search and development projects, and practices of the Government of the Bureau of Indian Affairs, and S. 1159, to for other purposes. People’s Republic of China. establish an American Indian Policy S. 1166 AMENDMENT NO. 3097 Information Center. At the request of Mr. LUGAR, the At the request of Mr. MCCONNELL the The PRESIDING OFFICER. Without name of the Senator from Tennessee name of the Senator from Maryland objection, it is so ordered. [Mr. FRIST] was added as a cosponsor of [Ms. MIKULSKI] was added as a cospon- COMMITTEE ON SMALL BUSINESS S. 1166, a bill to amend the Federal In- sor of Amendment No. 3097 proposed to Mr. HATCH. Mr. President, I ask secticide, Fungicide, and Rodenticide Senate Joint Resolution 31, a joint res- unanimous consent that the Commit- Act, to improve the registration of pes- olution proposing an amendment to the tee on Small Business be authorized to December 12, 1995 CONGRESSIONAL RECORD — SENATE S 18445 meet the session of the Senate for a when President Nixon made his first postexile public appearance, for the dedica- hearing on Tuesday, December 12, 1995, public appearance since his resigna- tion of a grand gymnasium that honors his at 9:30 a.m., in room 428A of the Russell tion. He was there to attend a dedica- presidency. ‘‘Everybody knew us because of Senate Office Building, to conduct a tion of a gym named in his honor. Ac- Nixon,’’ says Leslie County High School bas- ketball coach Ron Stidham, standing on his hearing focusing on ‘‘Proposals to cording to local newspapers, residents home court inside the Tricky Dick. ‘‘But Strengthen the SBIC Program.’’ said it was an exciting day, because ev- that notoriety aside, Tim Couch has made The PRESIDING OFFICER. Without eryone in the nation knew about Hyden—well, if not a household name ex- objection, it is so ordered. Hyden. And now history has repeated actly, at least people know where we are SELECT COMMITTEE ON INTELLIGENCE itself, but this time the spotlight is again.’’ Mr. HATCH. Mr. President, I ask shining there because of the youth Tim Couch, Elbert’s son, is the best high unanimous consent that the Select who’s become known as ‘‘the pride of school basketball player in Kentucky. He led the state in scoring last season, with 36 Committee on Intelligence be author- Hyden’’ —Tim Couch. His final game as Leslie County High points a game as a Leslie County High jun- ized to meet during the session of the ior. He is expected to be named Mr. Basket- Senate on Tuesday, December 12, 1995, School quarterback was a memorable ball of the Bluegrass after this season, which at 2 p.m. to hold a closed briefing re- one in many ways. Besides breaking is why most Division I basketball coaches garding intelligence matters. the passing record, Tim faced a consist- want to upholster Couch in their school col- The PRESIDING OFFICER. Without ent seven-man rush, he injured his ors come 1996. objection, it is so ordered. right ankle trying to block an extra Trouble is, Tim is also the most highly sought after football recruit in the nation, SUBCOMMITTEE ON PARKS, HISTORIC point, and he was sacked five times. one who almost certainly will break the na- PRESERVATION AND RECREATION But check out his numbers: he com- pleted 17 of 34 passes for 223 yards and tional record for career passing yardage this Mr. HATCH. Mr. President, I ask Friday night in the state quarterfinals. He is unanimous consent that the Sub- 2 touchdowns. After the record-break- 50 yards away from breaking the mark of committee on Parks, Historic Preser- ing pass, the game came to a halt. Fans 11,700 set two years ago by Josh Booty of vation, and Recreation of the Commit- and the media stormed the field to ask Evangel Christian High in Shreveport, La., tee on Energy and Natural Resources Tim for autographs and interviews. and Couch needs only five touchdown passes be granted permission to meet during Fireworks lit up the night sky, and si- to break that national record as well. the session of the Senate on Tuesday, rens and horns filled the air. And be- ‘‘Couch is the best quarterback prospect I’ve December 12, 1995, for purposes of con- fore the game resumed, Tim was hand- seen in 17 years,’’ drools Tom Lemming, who publishes a national recruiting newsletter. ducting a Subcommittee hearing which ed the game ball. What a night! Every time Tim took to the gridiron, ‘‘Better than Jeff George, Ron Powlus and is scheduled to begin at 9:30 a.m. The Peyton Manning. He reminds recruiters of purpose of the hearing is to consider S. the entire town of Hyden flocked to John Elway.’’ ESPN draft nitwit Mel Kiper 873, a bill to establish the South Caro- Eagle Field to watch the ‘‘Air Com- Jr. agrees and considers Tim, who is 6′5′′ and lina National Heritage Corridor; S. 944, mander’’ throw another pass on his 215 pounds, one of the best pro quarterback a bill to provide for the establishment way to the record books. Sports Illus- prospects in the nation. And to think that of the Ohio River Corridor Study Com- trated recently did a profile of the star Tim is just 18. mission; S. 945, a bill to amend the Illi- quaterback. In the article, Tim said of ‘‘Everybody around here is just so happy,’’ Tim says of Hyden (pop. 375). ‘‘They all want nois and Michigan Canal Heritage Cor- his 374 fellow Hyden residents, ‘‘every- body around here is just so happy. to see me go to the NFL and become a big ridor Act of 1984 to modify the bound- star. It gives me a lot of pride, the way such aries of the corridor; S. 1020, a bill to They all want to see me go to the NFL a small place has rallied around one person.’’ establish the Augusta Canal National and become a big star. It gives me a lot Through it all Tim has remained Heritage Area in the State of Georgia; of pride, the way such a small place has unfailingly polite, genuinely humble and un- S. 1110, a bill to establish guidelines for rallied around one person.’’ deniably charismatic. Everywhere one goes the designation of National Heritage If you think football is his only in Kentucky, people talk about the closely- Areas; S. 1127, a bill to establish the game, think again! Not only is Tim an cropped Couch. He’s like Gump, with a pump award-winning quarterback, he is also fake. And there’s another important dif- Vancouver National Historic Reserve; ference: ‘‘He’s an A–B student,’’ says Leslie and S. 1190, a bill to establish the Ohio one of the best high school basketball players in Kentucky. He led the state County High principal Omus Shepherd. ‘‘In and Erie Canal National Heritage Cor- fact, to see him in school, you wouldn’t ridor in the State of Ohio. in scoring last season, with 36 points a know he’s an athlete, you wouldn’t know The PRESIDING OFFICER. Without game, and he is one of the front run- him from any other student. I don’t know of objection, it is so ordered. ners in the race for Kentucky’s Mr. any problem we’ve ever had out of the boy.’’ f Basketball. No wonder he’s being re- The boy was excused from class one after- cruited by the top colleges in the Na- noon early in the football season when Gov- ADDITIONAL STATEMENTS tion. However, it is my hope that this ernor Brereton Jones came to Hyden to superstar decides to stay in the Blue- make Tim an honorary Kentucky Colonel, grass State and make one of Ken- one of the youngest recipients of the state’s TRIBUTE TO TIM COUCH equivalent of knighthood. The next evening tucky’s fine universities his new home. the colonel threw for three touchdowns and Mr. MCCONNELL. Mr. President, it ∑ Mr. President and my fellow Mem- ran for two more in a 34–27 win a Woodford is my pleasure to rise today to pay bers of Congress, please join me in con- County High, after which several opponents tribute to an outstanding Kentuckian gratulating the ‘‘Pride of Hyden.’’ Tim wanted a piece of him. ‘‘I saw them coming and a record-breaking quarterback. Couch has an exciting career ahead of at me and thought we were in a fight,’’ says Tim Couch ended his high school foot- him, and I wish him good luck in the Tim. Instead, they wanted his autograph. ball career on a high note with a 1-yard future. Mr. President, I also ask that The next day Tim drove 124 miles to Lex- touchdown pass during the state quar- an article from a recent edition of ington to watch the Kentucky-Louisville terfinals. Some may wonder what is so Sports Illustrated be printed the football game with his folks. En route, they special about this play. Well, that pass stopped at a diner. Recently retired Los An- RECORD. geles Laker center and former Kentucky star will go down in the record books as the The article follows: Sam Bowie approached Tim’s table to say one that put the Leslie County High PRIDE OF HYDEN how much he has enjoyed following Tim’s ca- School quarterback over the top as the (By Steve Rushin) reer. Emboldened, Adolph Rupp’s grandson national all-time leader in touchdown Elbert Couch parks his white Ford Bronco Chip, who also happened to be in the diner, passes. In 4 years, he has thrown an next to another emblem of American infamy: did the same. After the game the Couches re- amazing 12,092 yards—an accomplish- the Richard M. Nixon Recreation Center in paired to the Lexington home of Miami Heat ment that helped earn Tim honors as Hyden, Ky. ‘‘There’s two kinds around here,’’ guard and ex-Wildcat star Rex Chapman, National High School Player of the Couch says. ‘‘There’s Republicans, and who simply wanted to meet Tim. ‘‘I told him he was my hero growing up,’’ Year. there’s Damn Democrats. I’m a Damn Demo- crat, but we’re outnumbered four to one in Tim says of Chapman. ‘‘I told him how I Leslie County is located in the moun- this county.’’ dreamed in the backyard about filling his tains of eastern Kentucky. The last This is Leslie County, in the mountains of shoes some day at Kentucky.’’ time the national spotlight shone on eastern Kentucky’s Cumberland Plateau. It ‘‘Tim used to shoot baskets outside for the small town of Hyden was in 1978, was here, in 1978, that Nixon made his first hours in the winter, until his fingers were S 18446 CONGRESSIONAL RECORD — SENATE December 12, 1995 bleeding,’’ says Tim’s mother, Janice. ‘‘I al- have come to call themselves. As he drives natra has distinguished himself as one ways had to make him come in before he got home from football practice in his Mercury of the most notable figures in the his- frostbite.’’ Cougar on an autumn Thursday, Couch tory of entertainment. Come summer, he would throw footballs all waves like a parade marshal to every passing For more than five decades, Frank afternoon with his older—by four years— pedestrian, then enters his house and is brother, Greg. Tim always pretended to be handed the telephone. ‘‘Tennessee,’’ says Sinatra has charmed people all over Joe Montana or Dan Marino. Now, Marino Janice, and Tim chats cordially with Volun- the world with his exceptional, distinc- aspires to play with Couch. ‘‘I hope I’m still teer football coach Phillip Fulmer. Bobby tive voice. He began his impressive ca- in the league when you get here,’’ the Miami Bowden, Terry Bowden, Lou Holtz and Joe reer in New Jersey, when he won an Dolphin quarterback told Couch when the Paterno check in weekly as well. amateur singing concert. A few years two met in Cincinnati, where the Dolphins There is enormous pressure on him to play later, he was the featured vocalist with played the Bengals on Oct. 1. football at Kentucky, and the Cats are on the bands of Harry James and Tommy Tim never played baseball. ‘‘He told me in Couch like cats on a couch. Here is a front- Dorsey. It was not long before Mr. Si- ninth grade, ‘Dad, I don’t want to stand page Lexington Herald-Leader headline: there and let them throw a ball 60 miles an Couch To Watch UK Scrimmage. Kentucky natra began to embark on a solo ca- hour at my head,’ ’’ recalls Elbert, who is di- basketball coach Rick Pitino met with Tim reer. rector of transportation for the county and promised him a spot on the basketball The sounds of Frank Sinatra played school system. When Greg became the quar- team if he sign to play football for the Wild- throughout the country while the Sec- terback at Leslie County High, Tim attended cats. And Kentucky football coach Bill ond World War was being fought practices. ‘‘In fifth and sixth grade he was Curry, although forbidden by the NCAA to abroad. Although he was unable to join throwing the ball like a rocket,’’ says Eagle talk about recruits, called him ‘‘the best the Armed Services, he was able to football coach Joe Beder, an assistant at the high school prospect I’ve ever seen.’’ Every time. ‘‘You knew then he would be the quar- help the servicemen by entertaining Omus, Onzie and Elbert in Kentucky expects them with his voice, known as the terback here.’’ Tim to make the Cats an instant football Couch made the high school team as a sev- power. ‘‘I may be crazy, but I believe Tim ‘‘Voice That Thrilled Millions.’’ enth-grader, backed up his brother as an Couch is good enough to get this program Frank Sinatra made his acting debut eighth-grader and became the starting quar- back to the Sugar Bowl,’’ writes columnist in 1943, and he then went on to appear terback as a freshman, when Greg went to Dave Barker in The Cats’ Pause, a Kentucky in more than 50 motion pictures, play football at Eastern Kentucky (where, sports weekly. ‘‘Yes, that’s right. From 1–10 among them, ‘‘The Manchurian Can- after redshirtings one season, he’s now a jun- to 10–1.’’ didate,’’ a classic thriller reflecting his ior reserve). Tim points to the utility pole in ‘‘Lord God, if Tim goes to UK they’ll be the front yard of his family’s comfortable versatility as an actor, ‘‘The House I namin’ babies for him before he plays his Live In,’’ a sensitive documentary for two-story home. ‘‘When Greg went to col- first game,’’ says Elbert’s friend Vic lege, I used to throw at that light pole,’’ he DeSimone. ‘‘Every kid in Kentucky will wear which he received a special Oscar, and says. ‘‘I’d take a five-steps drop and try to a number 2 jersey.’’ DeSimone—a candy ‘‘From Here to Eternity,’’ the 1953 mo- hit it as if it was a receiver on the run, 30 manufacturer’s rep who has dropped by Les- tion picture which brought him an feet out.’’ Then he would place two garbage lie County High to chat—furrows his brow Academy Award for Best Supporting cans next to each other and throw ‘‘little before giving voice to every Kentuckian’s Actor. fade passes’’ over the first defending can and darkest fear. ‘‘You wouldn’t let him go to Today, Frank Sinatra maintains that into the second. ‘‘There’s not much else to Tennessee, would you?’’ he asks Elbert. ‘‘I do in Hyden,’’ says Todd Crawford, a physi- same high visibility by singing and per- mean, the boy can go to Liberty Baptist and forming throughout the United States cian’s assistant who works with the Leslie still become a pro.’’ County team. ‘‘Have to take the Fifth Amendment on and the world. Over the years, he has So the Hydenites watch Couch. County that one,’’ says Elbert, who later concedes: received countless awards that attest judge-executive Onzie Sizemore was a star ‘‘If Tim does go out of state, we’ll have to to the greatness of his multifaceted ca- high school quarterback in Hyden in the move out of state.’’ reer, including seven Grammies, a Pea- early 1970s. ‘‘Time is the best athlete I’ve Wherever Couch goes, if he plays basket- body, an Emmy and an Oscar. ever seen in Kentucky,’’ says the judge, de- ball at all in college, it will be as an after- Aside from his performing brilliance, liberating on Tim down at the county court thought to football, and a great many dis- Mr. President, Frank Sinatra should be and jailhouse. ‘‘He’s the best thing that ever appointed people will be left in his wake. happened to Hyden. I just hope he doesn’t recognized for his many selfless con- ‘‘It’s hard for an 18-year-old kid to tell a tributions. He played a key role in rais- run for county judge-executive, because then coach whom he’s grown up adoring that he I’m out of a job.’’ isn’t going to play for him,’’ says Tim, who ing money for an AIDS program and a They come from all over Kentucky to see is still considering Auburn, Florida, Ken- center for abused children during a spe- Tim play. On Friday nights cars back up for tucky, Notre Dame, Ohio State and (sigh) cial program taped last month in honor a mile at the toll booth that guards the Tennessee. ‘‘I’m thinking about it all the of his Eightieth Birthday Celebration. Hyden exit of the Daniel Boone Parkway. time,’’ he says of his impending decision. And when the Eagles play an away game, He also has earned awards for his hu- ‘‘Even if I’m just lying in bed, it never leaves says Rick Hensley, whose son Ricky is Tim’s manitarian and social justice efforts, my mind.’’ favorite target, ‘‘last one outta town turns including; the Life Achievement Award He has made certain of that. Taped above out the lights.’’ from the NAACP, the Academy of Mo- There is a sign outside of town that reads the light switch in his bedroom is a two-sen- tence note from a football assistant at tion Picture Arts and Sciences’ Jean Hyden: Home of Osborne Bros. Stars of the Hersholt Humanitarian Award, and the Grand Ole Opry, the Osbornes wrote ‘‘Rocky Northwestern. ‘‘Your talent is God’s gift to you,’’ it reads. ‘‘What you do with your tal- Presidential Medal of Freedom. Top,’’ which is the football anthem at Ten- Mr. President, we are fortunate that nessee, whose Volunteers are unanimously ent is your gift back to God.’’ reviled in Kentucky. When Tim engineered a It is the last thing that Tim sees each Frank Sinatra’s music will live on for- season-opening 44–42 upset of Fort Thomas night when he turns out the lights. ever, for he is truly one of a kind. His Highlands High in Lexington, he came home f voice penetrated the hearts of many, to find that benevolent vandals had altered and changed the face of popular music A TRIBUTE TO FRANK SINATRA the sign so it read Hyden: Home of Tim in 20th Century America. I ask my col- ON HIS 80TH BIRTHDAY Couch. leagues to join me today in honoring This season Couch has thrown for nearly ∑ Mr. LAUTENBERG. Mr. President, I Frank Sinatra on this monumentous 3,500 yards and 37 touchdowns in 12 games. rise today to honor one of New Jersey’s occasion and wish him continued suc- Clearly, his numbers are preposterous. Last favorite sons, and one of America’s year he completed 75.1% of his passes, a na- cess in the future.∑ tional record. Against Clark County High in great personalities who will be cele- f the 1994 season opener, he completed 25 of 27 brating his 80th birthday today: Frank passes. Against Shelby Valley High this fall, Sinatra. Mr. Sinatra hails from Hobo- FRANK SINATRA’S 80th BIRTHDAY he threw for 533 yards and seven scores and ken, New Jersey and we are proud to ∑ Mr. LIEBERMAN. Mr. President, I was pulled four minutes into the second half. call him one of our own. rise to pay tribute to an American who Likewise, in October he played only one half Mr. President, Frank Sinatra is one celebrates his 80th birthday on this against one of Kentucky’s top-ranked teams, of the most recognized and revered art- day. The chairman of the board, Hopkinsville, when the badly outmanned Ea- ists in the world, admired not only for Francis Albert Sinatra, legendary per- gles were bused seven hours each way and lost 61–0. his unique style, but for his ability to former and American treasure, was Even that defeat didn’t cool the ardor of reach people on a distinctly personal born on this day, December 12, in Hobo- the Couch potatoes, as Hyden’s residents level. As a musician and actor, Mr. Si- ken, NJ, in 1915. December 12, 1995 CONGRESSIONAL RECORD — SENATE S 18447 Frank Sinatra rose from humble, many of us can recall where we were precedented shift in power from Wash- blue-collar roots to superstardom by when we first heard our favorite Si- ington to the rest of America was virtue of a God-given gift: his voice. natra song. summed up by John Turner in his inau- Through hard work and determination Now as he reaches the age of 80, the gural speech as Chairman of the ACLI he perfected his talent and sang his voice has become the elder statesman when he said: ‘‘Neither Washington nor way to the top of the entertainment in- of entertainment, a comforting pres- corporate America will much longer dustry. His music dominated the charts ence, and a source of inspiration for assume the financial burden of under- from the 1930’s through the 1960’s. By younger performers. He is a remark- writing people’s retirement security; the 1970’s he was an American institu- able and distinguished American, and that responsibility is being transferred tion, surviving Elvis, the Beatles, and his art will be with us for decades to to individuals.’’ the rock and roll revolution. Frank Si- come. He did it his way, and we loved As this process continues, a broad natra has performed for audiences it that way. I am as great a fan of his range of issues from financial services around the world. He has influenced work as anyone, and I am sure I speak modernization to tax reform to retire- virtually everyone who is, or ever for many people in Connecticut, across ment income security will take center wanted to be, a singer. As Harry the country, and around the world stage. From my seat on the Senate Connick, Jr., once said, ‘‘Frank taught when I wish Old Blue Eyes a very Banking Committee, I look forward to everybody how to sing.’’ A universal happy 80th birthday and hope there working closely with John on these entertainer from the old school, he will be many more to come.∑ and many other important issues. could sing with the likes of Bing Cros- f As it provides for fully one-third of by, dance with the likes of Gene Kelly, this Nation’s long-term savings, the and act with the likes of Burt Lan- JOHN TURNER, CHAIRMAN OF THE life insurance industry is the founda- caster. From 1941 to 1984 he appeared in AMERICAN COUNCIL OF LIFE IN- tion of financial security for millions 59 motion pictures. In 1953, he won an SURANCE of Americans and for our country. I am Oscar for his performance in ‘‘From ∑ Mr. GRAMS. Mr. President, on Tues- pleased to see that John Turner will be Here To Eternity.’’ day, November 14, 1995, Mr. John Turn- leading this effort from his new posi- But Frank Sinatra has given more to er, chairman and CEO of ReliaStar Fi- tion as chairman of the ACLI. America than his records and movies. nancial Corp., a financial services hold- Again, Mr. President, I would like to In 1945, he won a special award from ing company in Minneapolis, MN, be- congratulate John Turner and the the Academy of Motion Picture Arts came the new chairman of the board of ACLI. I am confident that he will bring and Sciences for a short film called directors of the American Council of to his new post the same dedication, ‘‘The House I Live In,’’ in which he Life Insurance [ACLI]. honesty, and integrity he has dem- stressed religious tolerance and racial The ACLI represents over 600 compa- onstrated to ReliaStar Financial Corp. equality. He had much to do with the nies that write 92 percent of the life in- and the people of Minnesota. I wish desegregation of the entertainment in- surance and 95 percent of the pension John all the best and look forward to dustry by promoting African-American business in the United States. As chair- working with him the year ahead.∑ artists, most notably his friend, the man, Mr. Turner will guide the ACLI as f late Sammy Davis, Jr. it works with Federal and State legis- During World War II he could not lators, regulators and agencies to en- CONGRATULATING DAN MORTEN- serve because of a punctured ear drum, sure the laws and regulations we enact SEN ON WINNING THE WORLD but he performed for troops overseas serve the best interest of our Nation’s TITLE IN SADDLE BRONC RIDING and assisted the war effort by selling business and individual policyholders ∑ Mr. BURNS. Mr. President, I rise war bonds. As a young man, he in- and consumers, as well as insurance today to salute a young man from my volved himself in politics by support- companies. State of Montana. This young man, ing President Roosevelt in 1932. He I want to take this opportunity to just last week, won his third consecu- campaigned for Democrats throughout congratulate John on this high honor tive world title in saddle bronc riding the 1950’s. In 1960, President Kennedy and also to recognize the many years of at the National Finals Rodeo in Las asked him to direct his inaugural gala. community service he and his wife Les- Vegas, NV. Dan Mortensen, I tip my In the 1970’s he supported Republicans lie have played in the Twin Cities. Stetson to you and your dedication. and again hosted inaugural galas for From Leslie’s involvement with the Dan Mortensen will be 27 years old in Preident Reagan in 1980 and 1984. In Girl Scouts of America and her service 3 days and has accomplished a rare feat sum, Frank Sinatra should enjoy bipar- on the city council of Edina, MN to in his speciality event saddle bronc tisan support from this body. John’s work on issues dealing with riding. He is a classic bronc rider, as is Frank Sinatra also deserves to be youth and education, they have made a apparent by his three consecutive recognized for his work on behalf of positive difference in Minnesota. world titles. Saddle bronc riding is con- charitable causes. He has given mil- Professionally, Mr. Turner has been sidered the classic event in the sport of lions of dollars to charities and human- an active member of the ACLI’s board rodeo. If you have never had the oppor- itarian causes publicly and anony- of directors for 3 years, and in that ca- tunity, I would suggest that you all mously. His donations have built chil- pacity, he has given tremendous serv- take the time to see this event. A good dren’s hospitals, orphanages, and facili- ice to an industry that, in turn, serves saddle bronc ride is like watching a ties for the mentally handicapped. In this Nation so well. ballet to a cowboy, as it is a fluid 1985 he was awarded the Presidential Life insurance companies provide a movement between man and beast. In Medal of Freedom, the highest civilian necessary service by helping to deliver this event, the contestant must stay on honor our Nation bestows. In making financial security and peace of mind to a bucking horse for 8 seconds using the presentation, President Reagan millions of American families and indi- only the timing of their movement and praised him for his generosity toward viduals. Insurance industry products a bronc rein to keep them in the sad- the less fortunate. allow people to keep their homes and dle. The classic style of Dan shows the Frank Sinatra is an American insti- businesses, enable children to continue grace and beauty involved in the sport tution who has had an undeniable im- their education, and help support aging of rodeo. pact on the 20th century. He is part of parents. The industry’s retirement The honors that Dan has to his credit American culture, one of the great products provide the means by which are numerous and speak volumes about voices of our time. There is probably a this Nation’s present and future retir- his dedication to the true American Sinatra fan on every block in every ees can achieve their financial inde- sport of rodeo. Dan won the regular town in America, including this one on pendence and help fulfill their financial season title for the Montana High my block. Sinatra songs have provided dreams. School Rodeo Association in saddle the backdrop of our lives for the past 50 Mr. President, this Congress is in the bronc riding. In 1990 Dan was awarded years. For most of us, a Sinatra song process of returning power and respon- the title of Saddle Bronc Rookie of the has the ability to conjure up memories sibility to States, localities and, most Year. Four years later, Dan won his of certain moments of our lives. So importantly, to individuals. This un- first world title in his speciality event. S 18448 CONGRESSIONAL RECORD — SENATE December 12, 1995 It was during the finals that year that the rule, that the call of the calendar reorganization bill, or any items Dan won not only the average in the be dispensed with, the morning hour be cleared for action. saddle bronc event, but set a record in deemed to have expired, the time for the average. The average, is the total the two leaders be reserved for their f score of 10 rounds of riding wild and use later in the day, and Senator wooly bucking horses. Truly a world HUTCHISON be immediately recognized ADJOURNMENT UNTIL 9 A.M. champion accomplishment. to offer a Senate concurrent resolution TOMORROW Dan and his wife, Kay, live in the regarding Bosnia. Mr. COHEN. Mr. President, if there is beautiful Gallatin Valley in Manhat- The PRESIDING OFFICER. Is there no further business to come before the tan, MT. Residing in this area does objection? Without objection, it is so Senate, I now ask that the Senate take its toll, since it is not the easiest ordered. stand in adjournment under the pre- place to make flight arrangements out f vious order. to the numerous rodeos necessary to PROGRAM There being no objection, the Senate, win a championship. However, Dan at 9:47 p.m., adjourned until Wednes- Mr. COHEN. For the information of continues to call this home. day, December 13, 1995, at 9 a.m. Mr. President, I join with the citizens all Senators, the Senate will begin de- of the State of Montana, and with all bate on Senator HUTCHISON’s Bosnia f that hold our tradition of rodeo dear, resolution at 9 a.m., and by a previous in saluting this young man. I congratu- order, the Senate will vote on H.R. NOMINATIONS late him for his dedication to the great 2606, the Bosnian resolution received from the House, at 12:30 p.m., on Executive nominations received by Western tradition and sport of rodeo.∑ the Senate December 12, 1995: f Wednesday. The majority leader has indicated JAMES MADISON MEMORIAL FELLOWSHIP ORDERS FOR WEDNESDAY, that he hopes the Senate will be able to FOUNDATION DECEMBER 13, 1995 vote on Senator HUTCHISON’s resolution A.E. DICK HOWARD, OF VIRGINIA, TO BE A MEMBER OF THE BOARD OF TRUSTEES OF THE JAMES MADISON ME- Mr. COHEN. Mr. President, I ask and the Dole Bosnia resolution after a MORIAL FELLOWSHIP FOUNDATION FOR A TERM OF 6 unanimous consent that when the Sen- reasonable amount of debate during YEARS, VICE LANCE BANNING. ate completes its business today, it Wednesday’s session. All Members can THE JUDICIARY stand in adjournment until the hour of therefore expect rollcall votes through- JAMES P. JONES, OF VIRGINIA, TO BE U.S. DISTRICT 9 a.m., Wednesday, December 13; that out tomorrow’s session of the Senate. JUDGE FOR THE WESTERN DISTRICT OF VIRGINIA, VICE JAMES H. MICHAEL JR., RETIRED. following the prayer, the Journal of The Senate may be asked to consider CHERYL B. WATTLEY, OF TEXAS, TO BE U.S. DISTRICT proceedings be deemed approved to any available appropriations con- JUDGE FOR THE NORTHERN DISTRICT OF TEXAS, VICE A NEW POSITION CREATED BY PUBLIC LAW 101–650, AP- date, no resolutions come over under ference reports, the State Department PROVED DECEMBER 1, 1990. December 12, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 2337 EXTENSIONS OF REMARKS

DEPLOYMENT OF TROOPS TO ‘‘It is obvious that the Administration were the region around Banja Luka and BOSNIA AND HERZEGOVINA would like to tiptoe away from Haiti, declar- Herzegovina. The political divisions of ing it a success, but unless our objectives in Bosnia then conformed to the current lines the areas of elections, police and economics of conflict. HON. NEWT GINGRICH are more fully achieved, the effort of the One thing seems clear: Foreign interven- OF GEORGIA international community could easily un- tion has been more likely to produce dis- IN THE HOUSE OF REPRESENTATIVES ravel,’’ said Robert Pastor, President order than concord. Hungarian involvement consistently prevented the restoration of Tuesday, December 12, 1995 Carter’s adviser on Haiti during Mr. Carter’s mediation there. ‘‘Without a concerted effort equilibrium. This was also true in the 1920s, Mr. GINGRICH. Mr. Speaker, as we con- to bring the opposition into the presidential when Comintern and the Italian Fascists ex- sider the President's decision to deploy United elections, the outcome will not be stable or ploited the ethnic tensions between Croats States military forces to Bosnia and legitimate.’’ and Serbs, leading to chaos, terrorism and The ultimate lesson of Haiti is not that we assassination. Herzegovina, I hope that my colleagues take Given that so many leaders have vowed not should stay out of Bosnia. President Clinton a moment to read the following editorials. Now to respect the Dayton peace agreement, did the right thing in Haiti—trying to re- is the time to ask some very hard questions should we expect a new show of force to con- store democracy. Haiti is a better, more se- about the President's policy, and I believe that vince them otherwise? Is there any lack of cure place today because of that. No, the real these points of view are instructive in remind- foreign interest groups that could further lesson of Haiti is a humility. Haiti reminds their own agenda by giving aid and comfort ing us of the difficulty of this issue. us that with enough troops and money, we [From the New York Times, Dec. 3, 1995] to the Serbs? can make some difference for the better. But The rulers of 14th-century Hungary always THINK HAITI AND BE REALISTIC ON BOSNIA even that limited improvement is easily claimed that they were intervening in (By Thomas L. Friedman) eroded or overwhelmed by the habits of gen- Bosnia to support oppressed Catholics from WASHINGTON.—Just a couple of months ago erations, unless some foreign peacekeepers, Bosnian heretics. Likewise, our intervention when you asked Administration officials ex- international organizations and aid workers is justified by the ideals of ‘‘democracy’’ and actly how the Bosnia peacekeeping operation are prepared to stay on the job for a long, ‘‘self-determination.’’ would unfold, they would answer: ‘‘Think long time. Bosnia will be no different. Bill Clinton is, in fact, merely continuing Haiti’’—we go in big, stablize the situation I phoned Lakhdar Brahimi, who heads U.N. the policies of his two predecessors, who on the ground, bring in civilian reconstruc- operations in Haiti, and asked him what he’s were trying to undo the legacy of the Cold tion teams, hold elections and we’re out of learned there that might be of use in Bosnia. War. Soviet Premier Nikita Khrushchev long there in a year. He captured neatly the humbling, ambiguous ago stated that as the Soviets supported Well think again, Haiti is no longer being reality of trying to rebuild failed states. He ‘‘wars of national liberation,’’ the United touted as the model for Bosnia, because the said: ‘‘Look, Haiti is a country with 200 years States would be forced to support dictators, U.S.-led effort to restore democracy in Haiti of horrible history. It would be totally naı¨ve on the pretext that they were anti-com- is deteriorating. As we go into Bosnia we to think you can put it right with 20,000 munist. should still ‘‘Think Haiti’’—but as a caution- troops in a year. With operations like Haiti The result of that policy was our support ary tale about the limits of American power [and Bosnia], the international community for a host of petty tyrants, all of whom even- to remake a country. The U.S. military ac- is embarking on something completely new tually caused us much embarrassment. And complished its objectives in Haiti—busting for itself, and for which it does not yet have ultimately we lost in Iran, Nicaragua, Viet- the old regime and restoring basic security. all the skills. It isn’t even sure what it wants nam and nearly everywhere else we got in- But the political, economic and police objec- and certainly doesn’t have all the money it volved. But with Ronald Reagan a turn tives, which accompanied that military mis- needs to do it. So we take a country by the began when U.S. military force was used to sion, are all in jeopardy today. hand and accompany it a little bit, while it support ‘‘freedom fighters.’’ The invasion of Grenada was our first at- American officials were convinced when tries to stand on its own two feet. We don’t tempt to ‘‘impose’’ democracy, and the suc- they restored Haiti’s President, Jean- do it perfectly, but it’s still useful, even if it cess of that little engagement led to other Bertrand Aristide, to power that he really doesn’t create paradise. But no one should had abandoned his populist, radical impluses. glorious wars. An episode in Panama and the kid themselves. It’s a constant uphill strug- specter of Manuel Noriega before the Inquisi- But several weeks ago he suggested that he gle.’’ tor bailed out the War on Drugs, preparing would not give up power after elections for a Americans for a descent on the Middle East new President on Dec. 17. Then he told U.S. [From the Atlanta Constitution, Dec. 3, 1995] to liberate the oil barons of Kuwait from officials he would. Then he told his followers: A PAGE FROM HISTORY Saddam Hussein. Soon we had Bob Hope If you want three more years I will not turn shows and all those things we associated my back on you.’’ Thursday, he said he real- (By Bradford Smith) American troops are preparing to impose a with good wars. ly, really will step down. In the meantime, Clinton is merely trying to keep up the peace settlement in Bosnia that appears to though, the other candidates have been pace. Unfortunately, the situation in Bosnia have arisen largely from the fatigue of the afraid to campaign, because it seemed Mr. is too ambiguous to provide the basis for a negotiators in Dayton. History and the pos- Aristide might stay on, and the main opposi- Crusade. Additional U.S. involvement is ture of the Serbs in Sarajevo make it doubt- tion parties were already boycotting because more likely to upset the balance of power ful that this latest agreement will lead to of complaints that the election process is not even further. Unless the new Bosnian state ‘‘peace in our time.’’ But how much history impartial. can develop its own internal equilibrium, it can we expect the negotiators to remember U.S. officials always said in Haiti that cannot survive. prosperity would be the ultimate peace- after pulling an all-nighter? The United States must play a role in the keeper. But foreign investors have been re- Bosnians nearly always have played the negotiating process, but Clinton could find luctant to come in and President Aristide pawn in the political games in the Balkans. better venues for a military action to redeem has hesitated to institute the privatization When was Bosnia last an independent state? his political career. reforms demanded by the I.M.F., so his Gov- For that, we have to look back to the 14th How about the Bahamas? ernment has not received the $125 million in century. Even then, Bosnia was a divided f foreign aid for this fiscal year, which is half country. In the north, the Kotroman family its budget. The number of boat people fleeing held sway. In the south, the Subic family WELCOMING THE PRIME MINISTER Haiti for Florida is again on the rise. ruled. In 1305, the Subic family emerged as OF THE STATE OF ISRAEL, The military plan in Haiti was for the the dominant power, but Stjepan SHIMON PERES U.S.-U.N. peacekeepers to hand over control Kotromanic seized control with a little help to a newly created, uncorrupted Haitian po- from Hungary—the local ‘‘superpower’’—and lice force on Feb. 29. Some of those new po- the Serbs. The modern outlines of Bosnia re- HON. LOUIS STOKES lice have been trained, and put through U.S. sulted from his conquests. OF OHIO human rights courses. Others have not. On After Kotromanic’s death in 1353, Bosnia IN THE HOUSE OF REPRESENTATIVES Thanksgiving Day one of these new police- fell apart, as local nobles attempted to gain Tuesday, December 12, 1995 men went on a shooting spree that triggered autonomy. Several provinces broke away massive rioting in Haiti’s Cite Soleil slum. from the Bosnian state, again with Hungar- Mr. STOKES. Mr. Speaker, today marks a Few police have dared venture there since. ian assistance. The centers of discontent historic occasion in the halls of Congress. I

∑ 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. E 2338 CONGRESSIONAL RECORD — Extensions of Remarks December 12, 1995 join my colleagues in welcoming to this Cham- And they won it in thrilling, heart-quickening Enclosed is a portion of the New York ber the Prime Minister of the State of Israel, style. Times article of November 24, 1995, that de- Shimon Peres. Mr. Peres journeyed to the Trailing by as many as 14 points, the deter- scribes the kind of anticonsumer lawsuit that United States to help us pay homage to our mined Bobcats, led by quarterback Waylon Health Net is pursuing. friend, the late Israeli Prime Minister Yitzhak Chapman, stormed back several times, cli- [From the New York Times, Nov. 24, 1995] Rabin, and to demonstrate the unity that exists maxed by a 90-yard drive which tied the score RATING AGENCIES FACING LAWSUITS FOR LOW between our two nations. As he addresses in the game's final minutes. GRADES this joint session of Congress, we express our After matching scores in the first overtime, (By Michael Quint) appreciation to Prime Minister Peres for his the Bobcats faced a fourth down play from the Rating agencies that grade the financial willingness to make this important journey on 16 yard line. After a scramble, Chapman's strength of companies and local governments behalf of the people and State of Israel. pass fell into the hands of a sliding Phillip are accustomed to lawsuits by investors who The voice of Prime Minister Yitzhak Rabin Watts in the corner of the end zone. say that the ratings failed to alert them to has been silenced. Hatred took from our midst After a short gasp, the covering official sig- serious problems. But the agencies are not a strong leader who believed that the time had naled touchdown sending the Bobcats and used to being sued by the entities they rate. come to seek peace in the Middle East. Yet, their faithful into a frenzy. Now that is changing, as agencies ranging we gather today with a renewed sense of But, it wasn't over. Franklin-Simpson had from the giant Moody’s Investors Service in commitment to pursue peace in that region. It one more chance to win. New York, a unit of the Dun & Bradstreet After two plays, the stiff Bobcat defense Corporation, to tiny Weiss Group, of Palm is, indeed, the highest tribute we can pay to Beach Gardens, Fla., are learning that they Yitzhak Rabin. forced a fumble and recovered it to clinch the are vulnerable to suits from companies or Mr. Speaker, the man who addresses us as victory. and, then the real celebrating began. governments who say that their ratings were the new Prime Minister of Israel, Shimon Stunned and emotionally drained, Coach so low as to be libelous. Peres, has served his nation with distinction Mike Holcomb captured his team's thoughts Rating agencies defend their right to pub- and honor. He brings to the post a record of best. ``It's a great feeling for this community,'' lish opinions as a matter of freedom of the distinguished service in office, and the highest he said. ``They poured their hearts out for this press, regardless of whether they were hired level of commitment and integrity. Prime Min- team.'' to issue the rating. But in two current disputes, one by the ister Peres is a strong leader to whom we Yes, it is wonderful for this great community, but it is even a bigger accomplishment for the second-largest health maintenance organiza- pledge our full support. tion in California and the other by the larg- Mr. Speaker, I am proud of our Nation's fine young athletes at Breathitt County High est school district in Colorado, rating agen- longstanding and close relationship with the School. They never quit. Their determination, cies that issued unsolicited ratings were ac- people of Israel. Our historic and mutually commitment and perseverance is something cused of using their reports to drum up busi- beneficial relationship is a testament to inter- everyone in this country can respect with ness. national cooperation. Indeed, it exists as a pride. Unsolicited ratings can become an issue model for all peace-loving nations of the world. Coach Vince Lombardi, in his immortal when companies and local governments that During this period of mourning for the slain speech, ``What It Takes To Be Number One,'' paid to be rated wanted to choose the agen- cies that they thought would give them the hero, Yitzhak Rabin, we remain committed to said, ``I firmly believe that man's finest hourÐ his greatest fulfillmentÐis that moment when best ratings, testifying to their strength. If that relationship. an unsolicited rating was much different In the United States, we applaud President he was worked his heart out and he's ex- from what the company thought it deserved, Clinton for his continued leadership in the hausted on the field of battleÐVictorious.'' sparks could fly. quest for peace in the Middle East. He has The Bobcats have been to the top of the Malik Hasan, a doctor and chairman of demonstrated America's strong support for this mountain, and as ABC's Keith Jackson would Health Net, a California health maintenance effort, and he stands beside his brother, say, ``Oh Nellie,'' are we proud. organization, said a D¥ rating by Weiss Shimon Peres, offering a strong arm of sup- f ‘‘made us into their poster boy.’’ Mr. Hasan port. The leadership of these two individuals said that Weiss used the rating to attract at- GIANT HEALTH NET H.M.O. SUES tention and sell more of the agency’s re- and their courage in the pursuit of peace COMPANY THAT GIVES IT A BAD ports. Late last year, after Weiss gave should be encouraged by all Americans and RATING Health Net the lowest rating of any of the Israelis. country’s 13 largest H.M.O.’s, Health Net Mr. Speaker, on behalf of the residents of filed suit in Federal court in Los Angeles ac- the 11th Congressional District, I take pride in HON. FORTNEY PETE STARK cusing Weiss of interfering with its business, welcoming Israeli Prime Minister Shimon OF CALIFORNIA and of defamation, slander and libel. Peres to Washington. As he comes before us, IN THE HOUSE OF REPRESENTATIVES Martin Weiss, chairman of the rating agen- we take this opportunity to again convey our Tuesday, December 12, 1995 cy, said he had spent more than $350,000 of his own money defending the agency against condolences during this time of mourning for Mr. STARK. Mr. Speaker, the movement to the lawsuit and was in no mood to back Yitzhak Rabin. We hope that Prime Minister managed care is sweeping the country, and it down. ‘‘I am fighting to the bitter end, be- Peres will carry back to the people of his na- is vital that patients know whether the HMO's cause if I cave in now, the word would get tion our words of comfort and support. Our and other organizations they are being asked around that the way to get a better rating or support is extended in the spirit of brotherhood to join provide quality care or are financially to shut up Weiss is to sue him,’’ he said. and unity. sound. Although Mr. Weiss has sold only 21 re- f ports about Health Net, he hopes that H.M.O. A bad sign for consumers is the lawsuit of ratings will raise his company’s revenues BREATHITT COUNTY STATE giant Health Net HMO against the tiny rating above the $764,000 total for 1994. The finan- CHAMPS firm of Weiss Ratings, Inc. Health Net claims cial ratings of H.M.O.’s were important, he that Weiss' analysis of Health Net's very said, because the groups were growing and ‘‘a shakey financial statusÐa ``D¥'' ratingÐwas group that is under financial pressure could HON. HAROLD ROGERS harmful to the HMO. be more likely to cut corners on medical OF KENTUCKY Mr. Speaker, the law suit smacks of intimi- care.’’ IN THE HOUSE OF REPRESENTATIVES dation. The financial data was very clear. At Concern about his reputation led Mr. Weiss Tuesday, December 12, 1995 the time of the rating, Health Net was in bad to reject a compromise settlement proposal a week ago, because it would not have made Mr. ROGERS. Mr. Speaker, last week, shape. Weiss has an excellent reputation for clear that Mr. Weiss did not pay any dam- many high schools around the Nation won spotting companies in trouble. Customers and ages to Health Net, nor would he have been high school State football championships. But, investors have a right to know. If lawsuits like able to talk publicly about the case. none were more exciting than Breathitt Coun- this succeed in silencing the analysts and crit- Dr. Hasan of Health Net said he was push- ty, KY's 42±35, 2OT victory over Franklin- ics, there will be no competitive marketplace ing the suit because the criteria for Weiss Simpson in the Kentucky 2A State football because the consumer will have no hope of ratings remained secret and put too much championship. making an informed decision. Ignorant cus- emphasis on measures of financial strength The Bobcats, whose program is one of the tomers don't make good customersÐand that did not accurately reflect the ability of his company to pay the medical costs of its strongest in the State, won their first State Health Net's lawsuit is an effort to keep the 1.4 million customers in California. championship ever while fishing the first public ignorant. The problem is, ignorance in Mr. Weiss defended his rating formula, say- undefeated seasonÐ15±0Ðin the school's picking a health plan can cause customer ing it was similar to one being developed by long history. bankruptcy or even death. state insurance commissioners for H.M.O.’s. December 12, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 2339 He said that his standards did not condemn ceptable. We agree. If H.R. 2491 is not the an- Colonel Dalecky also holds an MS degree in the entire industry. Nearly half the 385 swer, it is incumbent on you and your Ad- International Relations from Troy State Univer- H.M.O.’s he now rates are in the A or B cat- ministration to put forth specific proposals sity, a masters degree in Military Art and egories, with another 32 percent in the C rat- which respond to the call for a seven year ing group. balanced budget plan. Science from U.S. Army Command and Gen- eral Staff College, and an MS degree in Na- f The impending fiscal crisis threatens every level and aspect of our lives: from our com- tional Strategic Studies from the Naval War THE BALANCED BUDGET ACT petitive stance, to our standard of living, to College. Colonel Dalecky has received numer- those critical services for the needy, nothing ous awards and decorations, including the escapes its clutches. This moral imperative Distinguished Flying Cross, the Purple Heart, HON. J.C. WATTS, JR. is too critical to be responded to by political and the Legion of Merit. OF OKLAHOMA rhetoric and no solutions. All of us must rise Colonel Dalecky is married to the former IN THE HOUSE OF REPRESENTATIVES above politics, exercising true leadership by Elisabeth Houle. They have three daughters, coming to a timely agreement. Tuesday, December 12, 1995 That is what we expect of you and our con- Natalie, Selene, and Amanda. Colonel Dalecky plans to continue his work Mr. WATTS of Oklahoma. Mr. Speaker, the gressional leaders. The time is now for you in fighter aircraft programs in a civilian capac- Balanced Budget Act of 1995 could be the to provide the leadership to finally achieve an agreement to balance the budget for ity in the Washington area. On behalf of my best holiday gift that we ever give our children America’s future. colleagues and the congressional staff who and grandchildren. This legislation could be Sincerely, have known and worked with Colonel Dalecky, the first step in paying off the ever-mounting RICHARD L. LESHER. we wish him and his wife Betty the very best debts we have accumulated for future genera- f in their future endeavors. tions. And this legislation could be the catalyst f for new and better paying jobs for America's TRIBUTE TO COL. WILLIAM J. workers and for students who will be entering DALECKY, USAF TRIBUTE TO REV. SAMUEL G. the job market. SIMPSON But this legislation can be none of these HON. ROBERT K. DORNAN things until the President joins us in our com- OF CALIFORNIA HON. JOSE´ E. SERRANO mitment to a true balanced budget. IN THE HOUSE OF REPRESENTATIVES OF NEW YORK The Nation's job-creating businesses are alarmed that the President has not joined the Tuesday, December 12, 1995 IN THE HOUSE OF REPRESENTATIVES Congress in bringing fiscal discipline to the Mr. DORNAN. Mr. Speaker, a friend of the Tuesday, December 12, 1995 Federal establishment. Last week, Dr. Richard Congress and a long time leader in this Na- Mr. SERRANO. Mr. Speaker, I rise to pay Lesher, President of the U.S. Chamber of tion's Air Force fighter aircraft weapons sys- tribute to Rev. Samuel G. Simpson who was Commerce, wrote to President Clinton to ex- tems, Col. William J. Dalecky, is retiring from honored by friends and members of the Bronx press his views on the veto of the Balanced the U.S. Air Force on 1 January 1996. His Baptist Church on Sunday, November 12, for Budget Act. most recent position has been as the Chief, his 31 years of service in this ministry in my I believe that Dr. Lesher has raised impor- Weapons Systems Liaison Division, Office of South Bronx congressional district. tant points in his letter to the President, and I the Secretary of the Air Force, Washington, Reverend Simpson has faithfully led the would like to share it with my colleagues. Dr. DC. In this position he has been responsible congregation since the beginnings of the Lesher's letter follows: to the Secretary of the Air Force for legislative church, when it started as a mission of the CHAMBER OF COMMERCE OF THE liaison for authorization of all Air Force weap- First Baptist Church, in Brooklyn. That same UNITED STATES OF AMERICA, on systems budget requests. year the congregation moved their meeting Washington, DC, December 6, 1995. Colonel Dalecky has had a distinguished ca- The PRESIDENT, place at 2024 Honeywell Avenue, in the The White House, reer of nearly 26 years of military service. Bronx. The number of worshippers continue to Washington, DC. After being commissioned through the U.S. Air grow and a larger location was secured, in DEAR MR. PRESIDENT: On behalf of the Force Academy in June 1969 and graduating 1970, at 331 East 187th Street. world’s largest business federation, rep- 11th in his class, he attended graduate school Born in Jamaica, Mr. Simpson attended resenting 215,000 businesses, 3,000 state and at the Anderson School of Management, West Indies College. Soon afterward, he local chambers of commerce, 1,200 trade and UCLA and was awarded an MBA degree. He moved to New Jersey and obtained a bach- professional associations, and 75 American then entered undergraduate pilot training at elor's degree from Northeastern Bible College. Chambers of Commerce abroad, I am writing to express our extreme disappointment over Webb AFB, TX, graduating with distinction in He also holds an M.P.S. from the New York your vetoing H.R. 2491, the ‘‘Balanced Budget 1971. Colonel Dalecky's first operational as- Theological Seminary, a D.D. from Asia Bible Act of 1995.’’ signment was as an F±4D aircraft commander College, and a D.D. from Martha's Vineyard This historic legislation was the culmina- with the Triple NickelÐ555 Tactical Fighter Theological Seminary. tion of Herculean efforts by Members of Con- SquadronÐUdorn, Royal Thailand AFB. Dur- Always anxious to learn, Reverend Simpson gress and the American people to bring ing his tour in Southeast Asia, Colonel broadened his education by completing about real fiscal discipline at the Federal Dalecky flew extensively over North Viet Nam, courses at New York University, New York In- level. It reflected a delicate balance between logging 200 combat missions. stitute of Photography, and at Oxford Univer- streamlining the Federal government, pro- viding economic stimulus through tax relief His next two decades of service continued sity. to America’s families and businesses, and en- to contribute directly to the aerospace defense Besides his passion for learning, Reverend suring that necessary government services of our Nation. After his tour at Udorn, Colonel Simpson has been an active member in the remain strong and directed to America’s Dalecky served as an F±4 instructor pilot at community. He holds numerous memberships truly needy. Luke AFB, as an F±4D Squadron flight com- and has presided over many religious organi- Large and small businesses alike embraced mander at Spangdahlem AB, then as a T±41 zations. Among these Reverend Simpson was H.R. 2491 as a means of improving the na- instructor pilot at the U.S. Air Force Academy, the president of the Baptist Convention of New tion’s economic climate and job creation. instructing cadets in basic flying skills in prep- York, the Metropolitan New York Baptist Asso- Eliminating our nation’s annual deficits will lead to lower interest rates, increased sav- aration for pilot training, and finally, as an A± ciation Pastor's Conference, and of the Bronx ings and investment, greater productivity, 10 aircraft commander at England AFB. His Division of the Council of Churches. He con- additional and better paying jobs, and an final operational assignment was as deputy tinues to preside over the Clergy Coalition of overall higher standard of living for all citi- commander for operations and later com- the 47th Precinct and is the chairman of the zens. Further, tax relief for America’s fami- mander, 52 Operations Group, Spangdahlem board of the Bronx Baptist Day Care and lies and businesses will increase capital in- AB. During this assignment, he deployed two Learning Center. vestment, preserve family-owned businesses, of three assigned Wild Weasel squadrons to Reverend Simpson's commitment to spread and modernize outdated tax laws while mak- combat against Iraq, with no losses due to the gospel and to help the members of the ing the goal of a balanced budget more at- tainable. enemy activity. community has been recognized by many or- From national polls, to town hall meet- Colonel Dalecky attended the U.S. Army ganizations. The Bronx Council of churches ings, to telephone calls and letters, the Command & General Staff College in Ft. honored him with the ``Man of the Year'' American people clearly believe the tax and Leavenworth, KS and the Naval War College, award. He was also recognized in ``Who is spend approach of big government is unac- Newport, RI. Who, Among Black Americans,'' and received E 2340 CONGRESSIONAL RECORD — Extensions of Remarks December 12, 1995 the Community Services award from the Sev- warm this winter is wearing awfully thin. Budg- ance Agency notified the House International enth Day Adventist Church of New York City, et cuts and funding delays have left the Low Affairs Committee of the sale of 120 Army and the Community Appreciation award from Income Home Energy Assistance Program Tactical Missile Systems [ATACMS] to Turkey. the Bronx Shepherd Restoration. A highly edu- [LIHEAP] struggling to get off the ground as Essentially a massive, guided cluster bomb, cated man, Reverend Simpson has published the coldest winter weather approaches. This each missile is accurate at a range of up to numerous works, including, ``Seven Begin- year as never before, needy households will 100 miles and delivers 950 small bombs. nings.'' be turning to private fuel funds to safely warm Many of the munitions fail to detonate, remain Mr. Speaker, I ask my colleagues to join me their homes and make it through the winter. on the ground, and become a mortal threat to in recognizing the outstanding accomplish- Today is National Fuel Funds Day. Spon- noncombatants. I rise today to voice grave ments of Reverend Simpson and his untiring sored by the National Fuel Funds Network, it concerns about this sale and question the ra- service to the Bronx Baptist Church in the is a time to remember the more than 285 pri- tionale and timing of this deal. I also want to South Bronx community. vate fuel funds around the country and to point out possible consequences of this sale f show our support for their work to warm the and underscore the danger of unconditional lives of our fellow citizens. Americans are a military support for an unstable regime which RETIREMENT OF DONALD ROACH generous people. In fact, Americans donated routinely commits massive human rights more than $72 million in support of this Na- abuses against its own citizenry. HON. DAN BURTON tion's private fuel funds in 1993 alone. That Mr. Speaker, my main concern about this OF INDIANA figure pales, however, in comparison with the sale is that Turkey's regime could use these IN THE HOUSE OF REPRESENTATIVES more than $1 billion in fuel assistance pro- missiles against civilians as it pursues its ruth- vided annually by the Federal Government less campaign against Kurdish guerrillas. Tuesday, December 12, 1995 and the magnitude of the cuts currently being Tragically, Kurdish terrorists have killed hun- Mr. BURTON of Indiana. Mr. Speaker, I proposed for this vital program. The House dreds of innocent civilians. Yet in response, would like to take a moment to express my has recommended eliminating energy assist- Turkey's military has killed thousands, tortured congratulations and admiration to Mr. Donald ance from the 1996 budget while the Senate and maimed countless others, destroyed al- Roach of Indianapolis, IN, as he retires from is contemplating a more than 30 percent re- most 3,000 Kurdish villages and forced 3 mil- Allison Transmission. duction in funding. lion people from their homes. On November In his nearly 50 years in the work force, Mr. Let us remember, then, our private fuel 20, 1995, Human Rights Watch detailed in a Roach served his community and country in funds on National Fuel Funds Day and sup- 171-page report the Turkish military's wide- several capacities. port them as they fight against the tide to spread use of United States-supplied equip- A weapons expert in the U.S. Army in the shore up the safety net for millions of needy ment in campaigns which inflict death and de- early 1950's, Mr. Roach brought his military American men, women, and children. struction against civilians. The atrocities de- expertise to Allison Transmission in Indianap- f tailed in this report are appalling. The report olis in 1981. He began as a specialist on a 1995 ORDER OF EXCELLENCE FOR cites more than two dozen eyewitness ac- battle-tank development project at Allison and BEST NURSING HOME counts and substantiates a June 1995 State then served as Allison's Audit Coordinator at Department report which also concluded that the U.S. Army Tank Plant in Lima, OH, for the HON. G.V. (SONNY) MONTGOMERY U.S. equipment was used to violate the balance of the 1980's. human rights of civilians. OF MISSISSIPPI Donald Roach would conclude his years of Mr. Speaker, advocates of the missile sale IN THE HOUSE OF REPRESENTATIVES service as a regional account manager, shar- argue that Turkey would not use ATACMS ing his lifelong experience and expertise with Tuesday, December 12, 1995 against civilians because of the system's high both customers and fellow Allison employees Mr. MONTGOMERY. Mr. Speaker, I would cost and because such use can be easily de- across the country. like to congratulate the Department of Veter- tected. Both rationales are preposterous. Over Even in this retirement, Donald Roach will ans Affairs and particularly the Tucson VA recent years, Turkey has spent an estimated remain active in various community service or- Nursing Home for being awarded the 1995 $7 billion per annum fighting its internal war. ganizations and social clubs, and especially Order of Excellence for Best Nursing Home by The supposed deterrence due to United with his family. He has a wife, four children, the nursing home industry journal, Contem- States detection capabilities also rings hollow and many grandchildren with whom he can porary Long Term Care, which sponsors the given that this administration, despite over- enjoy the next phase of his life. I wish Donald annual competition. whelming evidence that Turkey uses United Roach the best as he reflects on the many The Tucson facility scored first among both States-supplied weapons against civilians, re- memories of the last 50 years. public and private nursing homes around the fuses to condition Turkey's use of United f country with fewer than 135 beds. Tucson is States equipment. I am particularly disturbed the first VA nursing home to win the award. In that the State Department's Office on Democ- PERSONAL EXPLANATION fact, this is the first time the award has been racy, Labor and Human Rights has lent its given to a public facility. support to this sale when it had opposed the HON. SONNY BONO The Tucson 120-bed center serves more sale of ordinary cluster bombs to Turkey ear- than 600 elderly veterans in southern Arizona OF CALIFORNIA lier this year. The sale of such weapons ap- through a variety of special rehabilitation pro- IN THE HOUSE OF REPRESENTATIVES pears to indicate that the United States Gov- grams aimed at returning the veterans home ernment is willing to ignore Turkey's ruthless Tuesday, December 12, 1995 or achieving independence. In addition to suppression of its Kurdish population because Mr. BONO. Mr. Speaker, on the morning of physical rehabilitation, the center provides in- of Turkey's value as a strategic and economic Wednesday, December 6, 1995, I was un- terim neurologic treatment for dementia and partner. It is worth pointing out, Mr. Speaker, avoidably delayed and missed roll call votes stroke, psychiatric and hospice care, and res- that the prime beneficiary of this $132 million 838, H. Res. 290, the rule for the Securities pite care. contract will be the LORAL Corp., which man- Iitigation Reform, H.R. 1058. Were I present, I am very proud that a VA facility has won ufactures ATACMS in Camden, AR. I would have voted ``aye'' on the rollcall vote recognition as a nationally outstanding care Mr. Speaker, Turkey is undeniably located in support of House Resolution 290. provider. Congratulations, Tucson, and the in a troubled and unstable region of the world. f Department of Veterans Affairs. But Mr. Speaker, extending assistance to a f fellow member of NATO does not mean we NATIONAL FUEL FUNDS DAY OPPOSE THE SALE OF ADVANCED must shut our eyes to their violations of basic MISSILES TO TURKEY human rights. This administration has HON. JOSEPH P. KENNEDY II prioritized the halt of missile proliferation, and OF MASSACHUSETTS HON. CHRISTOPHER H. SMITH I would further question the introduction of ad- IN THE HOUSE OF REPRESENTATIVES OF NEW JERSEY vanced missile technology into this unstable IN THE HOUSE OF REPRESENTATIVES region on these grounds. Tuesday, December 12, 1995 On October 17 of this year, Mr. Speaker, a Mr. KENNEDY of Massachusetts. Mr. Tuesday, December 12, 1995 New York Times editorial entitled ``America Speaker, the safety net for millions of low-in- Mr. SMITH of New Jersey. Mr. Speaker, on Arms Turkey's Repression'' concluded that come and elderly families striving to keep December 1, DOD's Defense Security Assist- ``[A]ny further [military] aid should carry human December 12, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 2341 rights conditions that would promote a political Special Campaign for Soviet Jewry and Oper- and absorption). After watching the historic solution to a war that has undermined Turkish ation Exodus. The success of Soviet Jewry's vote in the Knesset, we took the message democracy, boosted the power of the military, settlement in Israel in freedom and dignity is back to America. Our meeting with Mr. Rabin once again demonstrated his ties as drained the economy and divided Turkey from due to his extraordinary efforts on their behalf. well as expectations vis-a-vis Jews in the Di- its European allies. Placing such conditions on He served as UJA's cochairman for the north- aspora. From that moment, Mr. Rabin was assistance would also reduce America's com- east region, general chairman of New Haven's under a different kind of pressure. Every plicity in Turkey's repressive internal war.'' Ad- Combined Jewish Appeal, and president and time an Israeli died or was injured in a ter- ministration representatives, many of my col- chairman of the boards of directors of the rorist attack, it was like losing his own leagues, and political leaders around the world United Israel Appeal and the American Jewish child. He despised fanaticism and terrorism are urging the Government of Turkey to pur- Joint Distribution Committee. by all people. There were no distinctions be- Mr. Lender currently resides in Woodbridge tween Jews and non-Jews. The Baruch Gold- sue nonmilitary solutions to the Kurdish crisis stein event was a tragedy for him, not unlike because Turkey's purely military approach has with his wife and three children. He serves on any Arab terrorist activity. failed to do anything but prolong the bloody, the board of trustees at Yale New Haven Hos- My image of Prime Minister Rabin is that divisive and costly conflict. Mr. Speaker, I pital and is the cochairman of the annual drive of a shy man. One who preferred not to make would also ask how the transfer of an ad- for the New Haven chapter of the Juvenile Di- speeches. He was direct and focused—yet one vanced, destructive weapons system serves abetes Foundation. Mr. Lender cochairs the could sense his strong feeling and sensitivity every time he spoke. If you were fortunate to long-term United States interests in promoting New Haven Holocaust and Prejudice Reduc- tion program which helps eliminate prejudice be with him in a small group, it became even nonmilitary solutions to Turkey's internal con- more evident how bright, intelligent, sharp flict? by making school-age children aware of the and knowledgeable he was about any subject. Mr. Speaker, on December 24, national horrors of the Holocaust. It did not matter whether it related to the elections will be held in Turkey which will have Through his following statement, it is clear United Jewish Appeal, the Jewish Agency for far reaching implications for United States- that his countless efforts on behalf of the Jew- Israel, or any other subject matter, the Turkish relations and the course of democracy ish Community and the people of Israel were Prime Minister would always offer a solu- in Turkey. Most observers believe the Islamic- inspired by the achievements and the example tion. Peace was his focus. It impacted on all of the issues that he talked about during his based Welfare Party is poised to win more of Yitzhak Rabin. I applaud Mr. Lender's heartfelt statement remembering and honoring campaign and his term in office—the econ- votes than any other party and will play an im- omy, immigration and absorption—as well as portant role in, if not lead, Turkey's post-elec- Yitzhak Rabin. Mr. Rabin's life and his the social issues of the country. tion government. This anti-Western party has achievements will be remembered and re- A year ago, I heard the Prime Minister declared its intentions to reevaluate the foun- vered for many years to come. speak at a meeting in London. That evening, dations of Turkey's strategic and economic re- I am returning to Israel after just arriving he recounted a number of significant events lationship with the United States. This raises back in the states on Friday. Sleeping on the of the week. He spoke of the arrival of the flight is impossible. My mind never stops Chief Rabbi of Syria, marking the end of a the question of whether United States policy thinking about Prime Minister Rabin. The movement to free Syrian Jews, as well as the makers have thought about the consequences times that I had the privilege of being with signing of the Jordanian Peace Accord in should Turkish voters bring the fundamental- him are so vivid to me. I have feelings of sad- Arava. ists to power? If the Turkish military is to re- ness. I feel that the Jewish people have expe- But he spoke most emotionally as he re- main subordinated to civilian authorities, then rienced another major tragedy. Israel is at counted the shiva call that he had made to should we not think twice about providing so- the center of it all again—the bombing of a the family of Nachon Waxman. I saw his bus in Tel Aviv or Beit Leit—soldiers being tears and pain as he described the attack phisticated weaponry to a regime whose lead- that he authorized in an attempt to release ers have stated their opposition to United killed in South Lebanon—and now the tak- ing of the life of the Prime Minister of the a Jewish hostage. States interests in the region? State of Israel. Israel, the homeland of the There were many meetings over the last Mr. Speaker, I want to reiterate my opposi- Jewish people. And to make matters worse, three years—from the day after he won the tion to this sale on the grounds that it is amor- if that is possible, Rabin was murdered by a election, to our meetings in Washington sev- al and undermines U.S. security interests. Tur- Jew. For many reasons, I felt I needed to be eral days ago. He was always focused, deter- mined and very clear about his mission. key's leaders have not sought to assuage con- there—to attend his funeral—to pay my re- However, one could see the passion and com- spects and personally say good-bye—to be cerns that such weapons would be used inter- passion that this great man possessed. He there as a representative of the United Jew- nally, by publicly committing to nonuse of this knew, and so did we, that he was making ish Appeal, as a strong supporter of Israel, as United States-supplied weapon on its own ter- great progress on the road to peace, albeit a Jew, and most of all, as a friend and ad- ritory, against its own citizens. Mr. Speaker, I with great sacrifice and pain. He was deeply mirer of Yitzhak Rabin. In fact, ironically, hurt by the demonstrations and personal at- believe the sale of ATACMS to Turkey is a after many years of interacting with him, tacks on him by the right wing in Israel and mistake we will come to regret. It is shameful and especially over these last two years, I America. But he was a man driven by his de- that these implements of civilian death and de- had come to know him more intimately, and sire for peace. He did not want the children struction will be labeled ``Made in the USA.'' to some extent he began to know more about to die in a war. Little did he know that he f me and how I felt about what he was doing. would give his own life for peace. Yitzhak Our first meeting was on the day after he Rabin was a warm, caring man—a husband, was elected Prime Minister. I remember it as REMARKS BY MARVIN LENDER father, grandfather, and a friend. He loved though it were yesterday. I remember Sep- ABOUT THE TRAGIC DEATH OF his country. He loved Jerusalem. YITZHAK RABIN tember 13, 1993, on the lawn of the White On October 25, in Washington, D.C., in the House. I will never forget his demeanor. He Rotunda, how proud I was when the Prime was so uncomfortable. His body language Minister spoke about ‘‘my Jerusalem.’’ His HON. ROSA L. DeLAURO was so obvious. He did not want to be there, words were those of a poet. How beautiful. OF CONNECTICUT but he knew he had to be in order to lead our How poignant. It really is his Jerusalem. IN THE HOUSE OF REPRESENTATIVES people to a new phase in our history. This That evening, he presented President Clinton was the first significant step in the peace Tuesday, December 12, 1995 with the Isaiah Peace Award on behalf of the process. Rabin had the courage to take this United Jewish Appeal. It was truly their Ms. DELAURO. Mr. Speaker, today I rise to momentous step, beginning the long rocky peace. The strong feeling of affection that share a statement made by my dear friend road that he would travel to achieve peace. they had for each other were very obvious. Marvin Lender about the tragic assassination He spoke, and you could hear his concern, At the funeral, I will always remember the his emotion and his passion. He concluded of Yitzhak Rabin. A resident of Woodbridge, siren blasting for two minutes. I watched Is- his poignant remarks with the Hebrew words raelis, dignitaries from around the world, CT, Mr. Lender is the former national chair- so familiar to us, ‘‘Ose sholom binromov hu and representatives of world Jewry, as they man of the United Jewish Appeal and has a yasase sholom Olaynu v’al kol yisroayl bowed their heads in sorrow. His loss will be long and distinguished record in helping oth- v’imru omayn.’’ And at the end, which was a felt by all. When President Clinton walked ers. He has made countless contributions to beginning, he shook hands with Arafat, sym- by the casket and bowed his head, I cried. community and civic affairs, but has con- bolizing a time for change and peace. When I listened to Shimon Sheves, his grand- centrated his efforts on the Jewish community Immediately after the signing, Brian daughter, and Etan Haber, I cried. The peo- Lurie, executive vice president, United Jew- and the people of Israel. ple who spoke reflected the true feelings of ish Appeal, Joel Tauber, president, United all of us, and all those from around the world Before assuming the chairmanship of the Jewish Appeal, and I, flew to Israel and met honored him with their attendance, attest- United Jewish Appeal [UJA], Mr. Lender was with the Prime Minister to define UJA’s role ing to his greatness. UJA's national chairman for major gifts, and in peace. He was very clear about our respon- We appreciate and are grateful for having contributed greatly to the Passage to Freedom sibility to Aliyah and Klitah (immigration had him as our leader. Yitzhak, we will truly E 2342 CONGRESSIONAL RECORD — Extensions of Remarks December 12, 1995 miss you—I will truly miss you. May your 2002 alone. California is considering a dra- you: profit and loss. A knife in the back. .. life and commitment to peace be an inspira- matic reduction in eligibility. How will other You guys are so used to knowing who’s in tion to all mankind. States respond? Will they also cut their pro- the next foxhole, counting on him, that f you’ve got a built-in naivete.’’ gram, to be competitive with California's re- McCarthy has made his own foray into the duced tax expenditures? Who knowsÐthe Re- VIEW FROM CALIFORNIA: THROW private sector as a consultant specializing in publicans have stripped away the Medicaid PEOPLE OFF MEDICAID TO MAKE helping service personnel cross to the other guarantee for the sick, elderly, poor, blind, or side. Many of them have been in uniform THEM GO TO WORK disabled. The States will have the choice since the day they got out of school. Most of whether to cover these vulnerable citizens. them are only in their forties. After 20 years HON. FORTNEY PETE STARK Statements like Ms. Anderson's point to a in, they can draw a pension of half their base pay; for people with children and mortgages, OF CALIFORNIA ``race to the bottom''Ða race which will leave that isn’t enough. Civilian firms are elimi- IN THE HOUSE OF REPRESENTATIVES the most vulnerable in our society sick or nating the middle-management jobs for Tuesday, December 12, 1995 dead. which they would be best suited. f ‘‘There’s a psychological bridge between Mr. STARK. Mr. Speaker, the Republican you and the private sector. At the top of the budget cuts Federal support for Medicaid by TRIBUTE TO LT. COMDR. PETER R. bridge is a granite wall 12 feet high and 12 an unprecedented $163 billionÐover 10 times McCARTHY feet thick. Once you walk over that bridge, anything ever enacted by any Republican or it’s a whole different culture. . .’’ Democratic President. The Republican plan The first lesson is in ‘‘creative research.’’ HON. JAMES P. MORAN Before the officers arrived, they were asked achieves these savings by capping overall OF VIRGINIA to fill out a form titled ‘‘Understanding spending. This means that spending growth IN THE HOUSE OF REPRESENTATIVES You.’’ McCarthy asks them to identify their per beneficiary would fall from the current 7 to hidden skills, assets and interests that may 1.6 percent annuallyÐfar below the rate of in- Tuesday, December 12, 1995 translate to a civilian enterprise. ‘‘If you flation. States cannot sustain coverage when Mr. MORAN. Mr. Speaker, I rise today to were recruiters, you’re great salesmen,’’ he Federal funds are increasing at only 1.6 per- recognize a long time friend and constituent of says. The group brainstorms about growing cent per beneficiary. States will be forced to mine, Lt. Comdr. Peter R. McCarthy, USMC, opportunities in law enforcement, leisure, fi- nance. ‘‘Child-abuse counseling seems to be a reduce benefits and/or provider payments and retired. growth industry,’’ offers one Marine colonel. eliminate coverage for millions of people on He has made an excellent transition from a McCarthy hands out a reading list: Age Wave, Medicaid. Marine officer to a private sector business- Megatrends 2000, Powershift, What Color is A recent column in the November 28 edition man, providing continued support to the mili- Your Parachute? of the Sacramento Bee leaves me fearful for tary, much of which is on a pro bono basis. For the ‘‘primary attack,’’ he says, you the poor in our California. The author, Mr. Dan His philosophy is simply to pass on to the have to research companies, figure out what they need and tailor your re´sume´, appear- Walters, was commenting on California's plans next generation for their benefit, all of the pro- ance and demeanor to fit. But don’t be too for Medi-Cal if the Republican welfare bill be- fessional transition knowledge and know how hasty: Get your act together first. comes law. that he has gained. He has been highly suc- ‘‘Look, you’re a battleship heading up this Currently, more than 5 million Californians cessful in this regard. way.’’ He draws a pencil-shaped ship steam- receive their medical care through Medi-Cal. If I am placing in the RECORD an article de- ing head-on toward enemy targets. ‘‘I don’t the Republican welfare bill becomes law, Cali- scribing his efforts which appeared in a recent want you to fire now. You’ve got one gun fir- fornia and other States will have to decide Washington Post Sunday magazine. ing at the target. Instead, I want you to come here.’’ He positions the ship closer to whether to maintain current eligibility and [From the Washington Post, June 11, 1995] the target and swings it around, broadside. make up the shortfall with their own money or BASIC RETRAINING ‘‘Fire all your guns at all the targets. Mass begin cutting caseloads. California may well (By Brigid Schultz) your fire, just like a column of artillery. Get slash Medi-Cal recipient rolls by hundreds of ‘‘In the ’60s, ’70s and ’80s you could carpet- ready get organized and—boom!’’ Networking is next. McCarthy tells them thousands. bomb the marketplace with re´sume´s and get to run their friends, family, neighbors and The column reports that Eloise Anderson, a response.’’ Peter McCarthy is conducting a acquaintances as if they were intelligence briefing. ‘‘You could shoot a shotgun in the California's social services director, is urging agents, using them as ‘‘listening posts’’ sky and ducks would come down.’’ His voice the Wilson administration to adopt a policy doing ‘‘recon’’ on the marketplace. Their is loud though his audience is small. ‘‘You that would focus Medi-Cal benefits on some ‘‘secondary attack’’ is to ‘‘explode’’ these could spray machine-gun fire and you’d get a subgroups and deny benefits to others. She ‘‘intel’’ networks, adding more and more lis- hit.’’ Eight officers are sitting posture-per- advocates a program of varying benefits that tening posts to report back to them. fect behind oversize cards with names like Then, re´sume´s. McCarthy tells them not to depends on one's suitability to obtain employ- Warren, Dick and Mark scrawled in big let- ment. Anderson is quoted as saying: use acronyms like CINCEUR and JIB and ters. LANTCOM. Instead of saying Marine Corps, By denying or limiting Medi-Cal availabil- ‘‘Today you’ve got to be an Olympic rifle say ‘‘large international organization.’’ He ity, families could be further encouraged to shooter.’’ McCarthy’s voice quiets and his turns to the board and begins writing an out- exercise personal responsibility and to ob- face grows stern. ‘‘You’ve only got two mag- line: Situation. Goals. Parameters. Execu- tain self-sufficiency through full or part- azines.’’ He slams an imaginary cartridge tion. Administration. Control. ‘‘This look fa- time work. into an imaginary rifle and holds it to his miliar to you guys?’’ This philosophy is frightening. What will shoulder. He squints one eye, takes a step Relief washes over their faces. forward and aims. ‘‘You pick your targets, ‘‘This plan was used by Moses to cross the happen when a poor, non-Medicaid person and boom!’’ He pulls an imaginary trigger. gets sick? Won't those eliminated simply turn desert, by Arthur Andersen to expand glob- ‘‘Into the black. boom!’’ He fires again. ‘‘Into ally, and by Norman Schwarzkopf to go into up in hospital emergency rooms? Are they the black. Every time.’’ Kuwait.’’ It is the field order that the mili- supposed to go to work sick? The officers—seven men and one woman— tary uses for combat and just about every Ms. Anderson recommends cutting Medicaid nod solemnly. They have reported to this other situation. McCarthy takes them for people on welfare or trying to leave welfare room at the Radisson Executive Retreat Cen- through it point by point, and after ‘‘Con- as a way to prod them into work. What if they ter in Alexandria expecting grim news, and trol,’’ he also asks them to add a ‘‘love state- have a minimum wage jobÐhow much would they are getting it. The U.S. military is ment’’—family considerations. downsizing. These officers—Army colonels, it cost to buy a health insurance policy for a After lunch, the officers study how to Marine Corps majors and Navy captains— dress. For this representative of Nordstrom mother and a child? Is it realistic to expect will be among those to go. They have come has been enlisted to outfit some mannequins that to happen? What about the extensive to learn how to search for a job. with dark blue and gray suit coats, red pat- medical literature which shows that people As McCarthy’s report sinks in, some of terned ties and braces. McCarthy shows off who don't have health insurance tend to be them twist their bulbous service-academy his own Hickey-Freeman suit and wingtips. sicker and less dependable workers? Are the rings and stare out the window. They start with the basics: Never wear a types of jobs a welfare mom is likely to get the ‘‘P and L.’’ He is pacing in front of them. brown or olive suit to an interview. Never He served in the Marine Corps for 20 years, ones that offer employer-paid health insur- wear a plastic running watch. Do wear some of them in Vietnam. ‘‘To you, that has pressed French cuffs with gold cuff links, ance? Of course not. meant professionalism and loyalty. But in but skip the monogram. Do wear natural The reduction in Federal support under the the private sector, it’s the 23rd of December, fibers . . . Republican plan could force States to deny you’ve got a number of kids, and on your The officers are scribbling in their briefing coverage for nearly 8 million Americans in desk you find a pink slip. There’s P and L for books. December 12, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 2343 . . . Never wear pilot’s glasses or shoulder lain of the New York City Police Department sorts of kiddie parties as well as taught them pads. Always wear over-the-calf socks. Un- with the rank of inspector by former Police how to handle money by bringing them to button your suit coat when you sit down so Commissioner Benjamin Ward. He is also the Burger King on Fridays. the collar doesn’t ride up. Get used to clothes that fit more loosely than your uni- first Puerto Rican to receive the Silver Medal When election time came Mr. Allen, who form. Do not accent your new suit with of the Academic Society of Arts, Science and read the newspaper daily, would gather Corfam military shoes. Literature of France. around the table his wife and children and dis- Next, interviewing. McCarthy’s first advice Mr. Speaker, I ask my colleagues to join me cuss with them for whom they were going to is to scope out where you’re going the day in recognizing Rev. Ruben Dario ColoÂn for his vote. These family discussions enhanced the before. ‘‘It’s just like in an operation. I can remarkable career serving the community and power of people's voting rights, especially remember in Vietnam, if you could go out bringing hope to the many individuals he has when he impressed upon them that at no and helicopter along the line—you’re been out there, you’ve seen it, it makes you more touched. other time was equality exercised than during comfortable when going out on attack.’’ f election time when the vote of the poor and And loosen up: No more yes sir, no ma’am. the humble all over this Nation had the same Get rid of the 82nd Airborne Shuffle or the LEWIS AND EULA ALLEN CELE- worth as the vote of the rich and the powerful. Eighth & I Walk. ‘‘You’re no longer the cap- BRATE THEIR GOLDEN WEDDING As the children were old enough to exercise tain of the fleet on the bridge. You need to ANNIVERSARY their right of suffrage, they looked forward to soften up.’’ But not too much: ‘‘They may be go to the polls and vote for their chosen can- waiting to hear your spouse say, ‘Joe’s worked so hard in the Army, he’s ready to HON. CARRIE P. MEEK didates, knowing full well the issues and prior- take his pack off.’’ OF FLORIDA ities on which they stand. Recon your interviewer. Maybe he pro- IN THE HOUSE OF REPRESENTATIVES As we enter into the spirit of this holiday tested against the Vietnam War. Maybe she Tuesday, December 12, 1995 season, the Allen children are mindful of the thinks military personnel are automatons. wonderful times they celebrate with their par- ‘‘Assess the situation, suck up to the ego if Mrs. MEEK of Florida. Mr. Speaker, I rise to ents. They are deeply thankful of the gift of you have to. You guys are flexible enough to pay tribute to a wonderful couple in my district love God has showered them through the adjust, because that’s what you do on the whose exemplary lives evoke the kind of fam- blessings of such noble parents. I know that battlefield.’’ ily values and commitment this Nation can He closes the seminar day with tips on there are countless more like the Allens writing thank-you notes and negotiating really be proud of. Lewis and Eula Allen, an across this Nation. But I am indeed honored compensation. The officers have two more extraordinary couple, celebrated their 50th on one hand, and humbled on the other, to days of this to go, and already they look wedding anniversary last November 29, 1995. have been equally blessed with having the Al- worn out. There are two individuals who genuinely lens give me their trust and confidence in rep- f epitomize the down-to-earth human qualities resenting them in the hallowed halls of the that ordinary Americans, the unsung heroes Congress. Truly it is people like the Allens that TRIBUTE TO REV. RUBEN DARIO and heroines of our Nation, have always en- COLO´ N dignify my role as a public servant. gendered into their children since time imme- To Lewis and Eula Allen on their golden ´ morial. I would not feel right at all if I did not wedding anniversary, I say: ``Warmest con- HON. JOSE E. SERRANO share with the Congress the hallmark of excel- gratulations and best wishes. May God show- OF NEW YORK lence and commitment that this couple left to er you with many more years to grace your IN THE HOUSE OF REPRESENTATIVES consecrate their godly home in the service of wonderful union. Tuesday, December 12, 1995 our fellowmen. The Allens are residents of I would like to share with my colleagues a Mr. SERRANO. Mr. Speaker, I rise today to Dade Country since 1945. Into this union were recent article that appeared in the Miami pay tribute to Rev. Ruben Dario ColoÂn who born four God-fearing children, Louis Larry, Times celebrating Lewis and Eula Allen's 50th was honored on Sunday by member of the Francina, and Linda, who is now deceased. wedding anniversary. Five grandchildren came to bring more joys community in celebration of his 45th ordination [From the Miami Times] anniversary at the Resurrection Lutheran into the Allen household, Jacob, Maya, Emory, LaDona, and Louis. THE ALLENS CELEBRATE GOLDEN YEAR Church in the Bronx. (By Traci Y. Pollock) Reverend ColoÂn has lived a life of help A brief description of what this couple meant to the lives of their children is so compelling They grew up together in a small Georgia those who have needed him. His long and town. They got married in their late teens fruitful career as a pastor, counselor, police as to tug at the heartfelt simplicity and awe- some beauty of what countless families all and shared the good, the bad and the indif- chaplain, and community activist has touched ferent days. thousands of individuals in our community. over America give to their children daily, nur- And, through it all, Eula and Lewis Allen, Born in Puerto Rico, Reverend ColoÂn spent turing them into becoming responsible, con- both 69, have stayed together, comfortable in most of his youth on the island. He attended scientious, and productive members of soci- each other’s company as they grew older. the University of Puerto Rico and in 1947, he ety. To the Allen children, Lewis and Eula, This Wednesday they celebrated their 50th married Ms. Ramonita Orabona with whom he transformed their home into as oasis of love wedding anniversary. had a son and a daughter. Years later, he and support and encouragement. Incessantly ‘‘At my age,’’ joked Mrs. Allen, ‘‘there’s no sense of my quitting. I know what I got. I came to the United States and obtained a they prayed to have God bless their parents to weather the storms and obstacles that mark don’t know what’s out there.’’ bachelor's degree from Alelphi University. He ‘‘When you got a good wife, keep her,’’ ad- also holds a master of divinity from the Lu- up life's vicissitudes. vises Mr. Allen. theran Theological Seminary and completed With this basic belief the Allens consecrated ‘‘And she’s a good cook and she keeps a courses at Fordham University. themselves to rearing their children. As their good house,’’ Mrs. Allen interjects with a Reverend ColoÂn has served as pastor in daughter, Francina, put it succinctly, ``* * * slight laugh. many Lutheran churches in New York, includ- mother represented the integrity of God.'' It ‘‘She’s a good everything,’’ Mr. Allen con- ing the Bronx Evangelical Lutheran Church of was she who instilled Judaeo-Christian prin- tinues, ‘‘If you ask about her shortcomings, the Resurrection which he leads today. His ciples and demanded moral excellence at all I haven’t gotten to them yet. I believe times. ``Mother was our role model,'' she con- through that what the Lord put together let ministry is faithfully committed to bringing spir- no one separate us.’’ itual enlightenment to the community. tinues, ``and exacted from us to do right, to be The Allens grew up together in Anderson- As a psychiatric social worker, Reverend good and tell the truthÐcome what may.'' ville, Ga., population about 900. At age 19, ColoÂn has provided psychiatric therapy for Academic achievement in the pursuit of they married and, a year later, left their adults and families at many institutions, includ- scholastic excellence was very important to closely knit community where everyone ing Covenant House, the Bronx Psychiatric the Allens. Mediocrity was unacceptable. The knew each other by first name. Center, and the Puerto Rican Children Hos- Allen children were taught to strive to be Mrs. Allen wanted to move to Cleveland, pital. He also serves as chaplain at the Veter- among the best. While Eula taught her chil- Ohio, where her elder brother lived, But, in ans Administration Hospital and is a member dren these life-long lessons. Lewis nurtured in 1946, the couple decided to move to Miami, where her sister and two brothers resided. of the board of the Morrisania Diagnostic and his children's malleable minds social develop- She said that every once in a while she Treatment Center of the New York City and ment and political awareness. It was Lewis gets a chance to go up North. Hospital Corporation. who sacrificed to bring his children to PTA ‘‘We used to work together, play together Among the many honors bestowed upon meetings, and chaperoned their school field and went to school together in Georgia,’’ him, Reverend ColoÂn was sworn in as chap- trips, took them to football games, and all Mrs. Allen said. ‘‘We really got together E 2344 CONGRESSIONAL RECORD — Extensions of Remarks December 12, 1995 when he was traveling while in the service. just put them all together and stuck hold to And he says he stayed with his wife be- We did more communicating then. Then, him. And he’s been the only man in my life. cause of her positive qualities and her caring when he got out, we courted for three years ‘‘I had desires. There were times I wanted ways. before we got married. to give it up but I would think about my vows, ‘for richer or for poorer, through sick- Staying together, they have seen their ‘‘I had some rough days when I came to children, Louis, Larry, Francina Bolden and Dade County. But I made up in my mind I ness and in health, ’til death do us part.’ And he sure ain’t rich. He’s poor.’’ Linda Mays grow to become productive resi- was going to go through it. I was going to dents of Dade County. They have watched stay hold of my vow, I was going through it, Mr. Allen said there was one occasion ‘‘when we had come near to separating.’’ their grandchildren, Jacob Goldwire, Maya I wasn’t going around it or by pass it. ‘‘That was when I had just left the Army Mays, Ladonna, Emory and Louis James ‘‘I made it this far with God’s help. I told and I wanted to move somewhere it wasn’t Allen attend school and become active in Him what I wanted to do and that I would cold. She wanted to go North and I wanted to their community. need His help. And since I chose to live my stay South. I probably would have done bet- And they renewed their marital vows in life for the Lord, God saved me. And that ter up North, though, but I just don’t like 1989, on their 44th anniversary. should be for anyone who wants to do some- the cold weather.’’ thing; they have to make up in their minds Mrs. Allen describes her husband as an Asked why they did not wait until their to do it. honest and hardworking man, who did not golden anniversary, Mrs. Allen replied with a ‘‘I had a lot of sad days, happy days and have to rob or steal to provide for the fam- laugh, ‘‘We didn’t know we would live that bad day. We’ve fussed. We’ve fought But I ily. long.’’ Tuesday, December 12, 1995 Daily Digest Senate Rejected: Chamber Action By 5 yeas to 93 nays (Vote No. 597), Biden Routine Proceedings, pages S18373–S18448 Amendment No. 3093, in the nature of a substitute. Measures Introduced: Four bills were introduced, Pages S18391±92 as follows: S. 1468–1471. Page S18442 By 28 yeas to 71 nays (Vote No. 599), McConnell Measures Reported: Reports were made as follows: Amendment No. 3097, in the nature of a substitute. H. Con. Res. 42, supporting a resolution to the Page S18393 long-standing dispute regarding Cyprus. Withdrawn: S. 602, to amend the NATO Participation Act of Hollings Amendment No. 3096, to propose a bal- 1994 to expedite the transition to full membership anced budget amendment to the Constitution of the in the North Atlantic Treaty Organization of Euro- United States. Page S18393 pean countries emerging from communist domina- During consideration of this measure today, Senate tion, with an amendment. also took the following action: S. 991, to amend title 38, United States Code, By 91 yeas to 8 nays (Vote No. 598), Senate sus- and other statutes, to extend VA’s authority to oper- tained a point of order against Hollings Amendment ate various programs, collect copayments associated No. 3095, to propose a balanced budget amendment with provision of medical benefits, and obtain reim- to the Constitution of the United States, as being in bursement from insurance companies for care fur- violation of the consent agreement of December 8, nished, with an amendment in the nature of a sub- 1995, which states that all amendments must be rel- stitute. evant to the subject matter of flag desecration, and S. 1465, to extend au pair programs. the amendment thus fell. Pages S18392±93 S.J. Res. 43, expressing the sense of Congress re- Bosnia Deployment: Committee on Foreign Rela- garding Wei Jingsheng; Gedhun Choekyi Nyima, tions was discharged from further consideration of the next Panchen Lama of Tibet; and the human H.R. 2606, to prohibit the use of funds appropriated rights practices of the Government of the People’s to the Department of Defense from being used for Republic of China. the deployment on the ground of United States S. Con. Res. 14, urging the President to negotiate Armed Forces in the Republic of Bosnia and a new base rights agreement with the Government Herzegovina as part of any peacekeeping operation, of Panama to permit United States Armed Forces to or as part of any implementation force, unless funds remain in Panama beyond December 31, 1999. for such deployment are specifically appropriated by S. Con. Res. 25, concerning the protection and law, and Senate began consideration thereon. continued viability of the Eastern Orthodox Ecu- Pages S18395, S18397±S18431 menical Patriarchate. Page S18437 A unanimous-consent agreement was reached pro- Measure Rejected: viding for further consideration of the bill on Wednesday, December 13, 1995, with a vote to Flag Desecration: By 63 yeas to 36 nays (Vote occur thereon at 12:30 p.m. Page S18431 No. 600), two-thirds of Senators voting, a quorum being present, not having voted in the affirmative, Nominations Received: Senate received the follow- Senate failed to pass S.J. Res. 31, proposing an ing nominations: amendment to the Constitution of the United States A. E. Dick Howard, of Virginia, to be a Member authorizing the Congress and the States to prohibit of the Board of Trustees of the James Madison Me- the physical desecration of the flag of the United morial Fellowship Foundation for a term of six years. States, after taking action on amendments proposed James P. Jones, of Virginia, to be United States thereto, as follows: Pages S18373±95 District Judge for the Western District of Virginia. D 1447 D 1448 CONGRESSIONAL RECORD — DAILY DIGEST December 12, 1995

Cheryl B. Wattley, of Texas, to be United States National Heritage Corridor Commission; Thomas H. District Judge for the Northern District of Texas. Robertson, Augusta Canal Authority, Augusta, Page S18448 Georgia; Daniel M. Rice, Ohio & Erie Canal Cor- Messages From the House: Page S18437 ridor Coalition, Akron; Lisa M. Jaeger, Defenders of Property Rights, Patricia E. Williams, American As- Executive Reports of Committees: Pages S18437±42 sociation of Museums, on behalf of the National Co- Statements on Introduced Bills: Pages S18442±44 alition for Heritage Areas, and R. J. Smith, Com- Additional Cosponsors: Page S18444 petitive Enterprise Institute, all of Washington, D.C.; and Myron Ebell, Frontiers of Freedom, Ar- Authority for Committees: Pages S18444±45 lington, Virginia. Additional Statements: Pages S18445±48 ATLANTIC STRIPED BASS CONSERVATION Record Votes: Four record votes were taken today. Committee on Environment and Public Works: Commit- (Total–600) Pages S18391±95 tee concluded hearings on S. 776, authorizing funds Adjournment: Senate convened at 9 a.m., and ad- for fiscal years 1995 through 1998 for programs of journed at 9:47 p.m., until 9 a.m., on Wednesday, the Atlantic Striped Bass Conservation Act and December 13, 1995. (For Senate’s program, see the amends the Act to include provisions of the Anad- remarks of the Acting Majority Leader in today’s romous Fish Conservation Act relating to Atlantic Record on page S18448.) striped bass research, after receiving testimony from Jamie Geiger, Assistant Regional Director for Fish- Committee Meetings eries, Northeast Region, U.S. Fish and Wildlife Service, Department of the Interior; Richard H. (Committees not listed did not meet) Schaefer, Director, Office Fisheries Conservation and Management, National Marine Fisheries Service, Na- IRAN FOREIGN OIL SANCTIONS tional Oceanic and Atmospheric Administration, De- Committee on Banking, Housing, and Urban Affairs: partment of Commerce; John H. Dunnigan, Wash- Committee ordered favorably reported, with an ington, D.C., on behalf of the Atlantic States Marine amendment in the nature of a substitute, S. 1228, Fisheries Commission; Mark R. Gibson, Rhode Is- to impose sanctions on foreign persons exporting pe- land Department of Environmental Management Di- troleum products, natural gas, or related technology vision of Fish and Wildlife, Wickford; Damon M. to Iran. Tatem, Jr., Tatem’s Tackle Shop, Nags Head, North NATIONAL HERITAGE AREAS Carolina, on behalf of the Atlantic States Marine Fishery Commission; and Charles Bergmann, Committee on Energy and Natural Resources: Sub- Axelsson and Johnson, Cape May, New Jersey. committee on Parks, Historic Preservation and Recreation concluded hearings on S. 873, to estab- BUSINESS MEETING lish the South Carolina National Heritage Corridor, Committee on Foreign Relations: Committee ordered fa- S. 944, to establish the Ohio River Corridor Study vorably reported the following business items: Commission, S. 945, to modify the boundaries of the Treaty Between the United States of America and Illinois and Michigan Canal Heritage Corridor, the Russian Federation on Further Reduction and S. 1020, to establish the Augusta Canal National Limitation of Strategic Offensive Arms (the START Heritage Area in the State of Georgia, S. 1110, to II Treaty) (Treaty Doc. 103–1), with 6 conditions establish guidelines for the designation of National and 7 declarations; Heritage Areas, S. 1127, to establish the Vancouver S. 602, to amend the NATO Participation Act of National Historic Reserve in the State of Washing- 1994 to expedite the transition to full membership ton, and S. 1190, to establish the Ohio and Erie in the North Atlantic Treaty Organization of Euro- Canal National Heritage Corridor, after receiving pean countries emerging from communist domina- testimony from Senators Thurmond, Gorton, tion, with an amendment; Coverdell, and DeWine; Representative Regula; S. Con. Res. 14, urging the President to negotiate Denis P. Galvin, Associate Director for Professional a new base rights agreement with the Government Services, National Park Service, Department of the of Panama to permit United States Armed Forces to Interior; Mayor Bruce E. Hagensen, Vancouver, remain in Panama beyond December 31, 1999; Washington; Mayor Dannel McCollum, Champaign, S. Con. Res. 25, concerning the protection and Illinois; Grace G. Young, South Carolina Depart- continued viability of the Eastern Orthodox Ecu- ment of Parks, Recreation and Tourism, Columbia; menical Patriarchate; Michael Conzen, University of Chicago, Chicago, Il- H. Con. Res. 42, supporting a resolution to the linois, on behalf of the Illinois and Michigan Canal long-standing dispute regarding Cyprus; December 12, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 1449 S. 1465, to extend au pair programs; the Republic of Equatorial Guinea; Ralph R. John- S.J. Res. 43, expressing the sense of the Congress son, of Virginia, to be Ambassador to the Slovak Re- regarding Wei Jingsheng, Gedhun Choekyi Nyima, public; and certain foreign service officers promotion the next Panchen Lama of Tibet, and the human lists. rights practices of the Government of the People’s BUSINESS MEETING Republic of China; and The nominations of A. Peter Burleigh, of Califor- Committee on Governmental Affairs: Committee ordered nia, to be Ambassador to the Democratic Socialist favorably reported the following business items: Republic of Sri Lanka, and to serve concurrently and The nomination of David S. Wasserman, of the without compensation as Ambassador to the Repub- District of Columbia, to be a Member of the Federal lic of Maldives, James Franklin Collins, of Illinois, Labor Relations Authority; and to be Ambassador at Large and Special Advisor to S. 1224, to amend subchapter IV of chapter 5 of the Secretary of State for the New Independent title 5, United States Code, relating to alternative States, Frances D. Cook, of Florida, to be Ambas- means of dispute resolution in the administrative sador to the Sultanate of Oman, Don Lee Gevirtz, of process, with an amendment in the nature of a sub- California, to be Ambassador to the Republic of Fiji, stitute. and to serve concurrently and without additional SMALL BUSINESS INVESTMENT COMPANY compensation as Ambassador to the Republic of PROGRAM Nauru, Ambassador to the United Kingdom of Committee on Small Business: Committee held hearings Tonga, and Ambassador to Tuvalu, Robert E. on proposals to strengthen the Small Business Ad- Gribbin, III, of Alabama, to be Ambassador to the ministration’s small business investment program, Republic of Rwanda, William H. Itoh, of New Mex- receiving testimony from Patricia Forbes, Acting As- ico, to be Ambassador to the Kingdom of Thailand, sociate Deputy Administrator for Economic Develop- Richard Henry Jones, of Nebraska, to be Ambas- ment, and Don A. Christensen, Associate Adminis- sador to the Republic of Lebanon, James A. Joseph, trator for Investment, both of the Small Business of Virginia, to be Ambassador to the Republic of Administration; C. Walter Dick, Pioneer Capital South Africa, Sandra J. Kristoff, of Virginia, for the Corporation, Boston, Massachusetts; Keith R. Fox, rank of Ambassador during her tenure of service as Exeter Venture Lenders, New York, New York; U.S. Coordinator for the Asia Pacific Economic Cor- George M. Miller, II, Sirrom Capital Corporation, poration (APEC), John Raymond Malott, of Vir- Nashville, Tennessee; and Stanley W. Tucker, MMG ginia, to be Ambassador to Malaysia, Joan M. Ventures, Baltimore, Maryland. Plaisted, of California, to be Ambassador to the Re- Hearings were recessed subject to call. public of the Marshall Islands, and to serve concur- rently and without additional compensation as Am- BUSINESS MEETING bassador to the Republic of Kiribati, Kenneth Mi- Committee on Indian Affairs: Committee ordered favor- chael Quinn, of Iowa, to be Ambassador to the ably reported the following bills: Kingdom of Cambodia, David P. Rawson, of Michi- S. 814, to provide for the reorganization of the gan, to be Ambassador to the Republic of Mali, J. Bureau of Indian Affairs, with an amendment in the Stapleton Roy, of Pennsylvania, to be Ambassador to nature of a substitute; and the Republic of Indonesia, Jim Sasser, of Tennessee, S. 1159, to establish an American Indian Policy to be Ambassador to the People’s Republic of China, Information Center. Gerald Wesley Scott, of Oklahoma, to be Ambas- sador to the Republic of The Gambia, Thomas W. INTELLIGENCE Simons, Jr., of the District of Columbia, to be Am- Select Committee on Intelligence: Committee met in bassador to the Islamic Republic of Pakistan, Charles closed session to receive a briefing on intelligence H. Twining, of Maryland, to be Ambassador to the matters from officials of the intelligence community. Republic of Cameroon, and to serve concurrently and Committee will meet again on Thursday, Decem- without additional compensation as Ambassador to ber 14. D 1450 CONGRESSIONAL RECORD — DAILY DIGEST December 12, 1995 House of Representatives Caucus and Committee Membership: Read a let- Chamber Action ter from the Chairman of the Democratic Caucus Bills Introduced: 8 public bills, H.R. 2757–2764; wherein he informs the House that Representative 1 private bill, H.R. 2765; and 4 resolutions, H. Res. Hayes is no long a member of the Democratic Cau- 295, 298, 299, 300 were introduced. Pages H14310±11 cus; and read letters from the Speaker wherein he ad- Reports Filed: Reports were filed as follows: vises the Chairmen of the Committees on Transpor- H.R. 1747, to amend the Public Health Services tation and Infrastructure and Science that the elec- Act to permanently extend and clarify malpractice tion of Representative Hayes to their committees has coverage for health centers, amended (H. Rept. been vacated. Page H14273 104–398); Corrections Calendar: On the Call of the Correc- H. Res. 296, providing for consideration of a mo- tions Calendar, the House took the following ac- tion to dispose of the remaining Senate amendment tions: to H.R. 1868, making appropriations for foreign op- Passed and sent to the Senate without amend- erations, export financing, and related programs for ment: the fiscal year ending September 30, 1996 (H. Rept. Saccharin notice requirement: H.R. 1787, to amend 104–399): the Federal Food, Drug, and Cosmetic Act to repeal H. Res. 297, waiving a requirement of clause 4(b) the saccharin notice requirement. Pages H14266±68 of rule XI with respect to consideration of certain Passed and sent to the Senate, amended: resolutions reported from the Committee on Rules Clean Air Act commuter programs: H.R. 325, to (H. Rept. 104–400); amend the Clean Air Act to provide for an optional Report entitled ‘‘Inquiry Into Various Complaints provision for the reduction of work-related vehicle Filed Against Representative Newt Gingrich’’ (H. trips and miles traveled in ozone nonattainment Rept. 104–401); and areas designated as severe. Pages H14268±73 Conference report on H.R. 1977, making appro- priations for the Department of the Interior and re- Suspensions: House voted to suspend the rules and lated agencies for the fiscal year ending September pass the following measures: 30, 1996 (H. Rept. 104–402). Pages H14288±H14310 Federally supported health centers assistance: H.R. 1747, to amend the Public Health Service Act to Recess: House recessed at 10:04 a.m. and recon- permanently extend and clarify malpractice coverage vened at 1 p.m. Pages H14255±57 for health centers; Pages H14273±77 Address by Prime Minister Peres: The House and Trinity River Basin wildlife management: H.R. 2243, Senate met in a joint meeting to receive an address amended, to amend the Trinity River Basin Fish and by Prime Minister Shimon Peres of Israel. Prime Wildlife Management Act of 1984, to extend for Minister Peres was escorted to and from the House three years the availability of moneys for the restora- Chamber by Senators Dole, Lott, Nickles, Cochran, tion of fish and wildlife in the Trinity River (passed Mack, Thurmond, D’Amato, Daschle, Ford, by a yea-and-nay vote of 412 yeas, Roll No. 845); Mukulski, Pell, Leahy, Levin, Feinstein, and Boxer; Pages H14277±79 (continued next issue) and by Representatives Armey, Delay, Boehner, Gil- Don Edwards Wildlife Refuge: H.R. 1253, to re- man, Livingston, Solomon, Burton of Indiana, Cal- name the San Francisco Bay National Wildlife Ref- lahan, Schiff, Lazio, Gephardt, Bonior, Fazio, Ken- uge as the Don Edwards San Francisco Bay National nelly, Hamilton, Yates, Obey, Frost, Berman, and Wildlife Refuge; Pages H14279±81 Hastings of Florida. Pages H14255±57 Federal trademark dilution: H.R. 1295, amended, to Recess: House recessed at 1:41 p.m. and reconvened amend the Trademark Act of 1946 to make certain at 2:30 p.m. Pages H14263 revisions relating to the protection of famous marks; Bill Re-referred: H.R. 2415, to designate the Unit- (See next issue.) ed States Customs Administrative Building at the Compensation of patent owners: H.R. 632, amended, Ysleta/Zaragosa Port of Entry located at 797 South to enhance fairness in compensating owners of pat- Ysleta in El Paso, Texas, as the ‘‘Timothy C. ents used by the United States; (See next issue.) McCaghren Customs Administration Building,’’ DNA identification grants: H.R. 2418, amended, to which had been referred to the Committee on Ways improve the capability to analyze deoxyribonucleic and Means, was re-referred to the Committee on acid (passed by a yea-and-nay vote of 407 yeas to 5 Transportation and Infrastructure. Page H14266 nays, Roll No. 847); (See next issue.) December 12, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 1451 Criminal law technical amendments: H.R. 2538, Resignation: Read a letter from Representative amended, to make clerical and technical amendments Tucker wherein he resigned as a Member of the to title 18, United States Code, and other provisions 104th Congress. (See next issue.) of law relating to crime and criminal justice; Amendments Ordered Printed: Amendments or- (See next issue.) dered pursuant to the rule appear on pages Increased penalties for Federal prison escapees: H.R. H14311–16. 1533, to amend title 18, United States Code, to in- crease the penalty for escaping from a Federal prison; Quorum Calls—Votes: Four yea-and-nay votes de- (See next issue.) veloped during the proceedings of the House today Technology transfer and advancement: H.R. 2196, and appear in the next issue. There were no quorum amended, to amend the Stevenson-Wydler Tech- calls. nology Innovation Act of 1980 with respect to in- Adjournment: Met at 10 a.m. and adjourned at ventions made under cooperative research and devel- 11:15 p.m. opment agreements; (See next issue.) Veterans housing and employment benefits: H.R. 2289, Committee Meetings amended, to amend title 38, United States Code, to CAMPAIGN FINANCE REFORM extend permanently certain housing programs, to improve the veterans employment and training sys- Committee on House Oversight: Concluded hearings on tem, and to make clarifying and technical amend- Campaign Finance Reform: The Role of Political ments to further clarify the employment and reem- Parties. Testimony was heard from Haley Barbour, ployment rights and responsibilities of members of Chairman, republican National Committee; Donald the uniformed services, as well as those of the em- L. Fowler, National Chairman, Democratic National ployer community; (See next issue.) Committee; and public witnesses. Bank insurance fund and depositor protection: H.R. NIGERIA—RECENT DEVELOPMENTS 1574, to amend the Federal Deposit Insurance Act Committee on International Relations: Subcommittee on to exclude certain bank products from the definition Africa and the Subcommittee on International Oper- of a deposit; and (See next issue.) ations held a joint hearing on Recent Developments Release of Wei Jingsheng: H. Con. Res. 117, con- in Nigeria. Testimony was heard from George E. cerning writer, political philosopher, human rights Moose, Assistant Secretary, African Affairs, Depart- advocate, and Nobel Peace Prize nominee Wei ment of State; and public witnesses. Jingsheng (agreed to by a yea-and-nay vote of 409 yeas, Roll No. 848). (See next issue.) ATLANTIC STRIPED BASS PRESERVATION ACT National Parks and Refuge Systems: By a yea- and-nay vote of 254 yeas to 156 nays, Roll No. 846 Committee on Resources: Subcommittee on Fisheries, (two-thirds of those present not voting in favor), the Wildlife and Oceans held a hearing on H.R. 2655, House failed to suspend the rules and pass H.R. Atlantic Striped Bass Preservation Act of 1995. Tes- 2677, to require the Secretary of the Interior to ac- timony was heard from Richard Schaefer, Director, cept from a State donations of services of State em- Office of Fisheries Conservation and Management, ployees to perform, in a period of Government budg- National Marine Fisheries Service, NOAA, Depart- etary shutdown, otherwise authorized functions in ment of Commerce; John A. Peterson, Jr., Mayor, any unit of the National Wildlife Refuge System or Seaside Park, New Jersey; and public witnesses. the National Park System. Pages H14281±88 PROVIDING EXPEDITED PROCEDURES (continued next issue) Committee on Rules: Granted, by voice vote, a rule Sexual Crimes Against Children Prevention: waiving clause 4(b) of rule XI (requiring a two- House agreed to the Senate amendment to H.R. thirds vote to consider a rule on the same day as it 1240, to combat crime by enhancing the penalties is reported from the Committee on Rules) against for certain sexual crimes against children—clearing the same-day consideration of certain resolutions re- the measure for the President. (See next issue.) ported during the remainder of the first session of ICC Elimination: The Speaker appointed Represent- the 104th Congress for consideration of a measure, ative Wise as a conferee in the conference on H.R. amendment, conference report or amendment re- 2539, to abolish the Interstate Commerce Commis- ported in disagreement relating to the following: (1) sion, to amend subtitle IV of title 49, United States a bill making general appropriations for fiscal year Code, and to reform economic regulation of transpor- 1996; (2) a bill or joint resolution making further tation; vice Representative Lipinski, resigned. continuing appropriations for fiscal year 1996; (3) a (See next issue.) bill or joint resolution increasing or waiving the D 1452 CONGRESSIONAL RECORD — DAILY DIGEST December 12, 1995 public debt limit; (4) a bill to provide for a balanced nation research and development projects, S. 1013, to ac- budget by 2002; and (5) a bill or resolution relating quire land for exchange for privately held land for use as to the deployment of United States Armed Forces in wildlife and wetland protection areas, in connection with and around the territory of the Republic of Bosnia the Garrison Diversion Unit Project, S. 1154, to author- and Herzegovina. ize the construction of the Fort Peck Rural Water Supply System, S. 1169, to amend the Reclamation Wastewater FOREIGN OPERATIONS APPROPRIATIONS and Groundwater Study and Facilities Act to authorize Committee on Rules: Committee granted, by voice construction of facilities for the reclamation and reuse of vote, a rule providing for the offering of a motion wastewater at McCall, Idaho, and S. 1186, to provide for the transfer of operation and maintenance of the Flathead printed in section 2 of this resolution to dispose of irrigation and power project, 2:30 p.m., SD–366. Senate amendment numbered 115 to H.R. 1868, Committee on Environment and Public Works, to hold hear- making appropriations for foreign operations, export ings on proposed legislation authorizing funds for the financing, and related programs for the fiscal year Clean Water Act, focusing on municipal issues, 9:30 ending September 30, 1996, to be offered by Mr. a.m., SD–406. Callahan or his designee. The rule provides that the Special Committee To Investigate Whitewater Development Senate amendment and the motion shall be consid- Corporation and Related Matters, to resume hearings to ex- ered as read. All points of order are waived against amine certain issues relative to the Whitewater Develop- the motion. The rule provides for 1 hour of debate. ment Corporation, 10:30 a.m., SH–216. Finally, the rule provides that the previous question shall be considered as ordered on that motion to House final adoption without intervening motion or de- Committee on Agriculture, to consider the following bills: mand for division of the question. Testimony was H.R. 2029, Farm Credit System Regulatory Relief Act of heard from Representative Callahan. 1995; and H.R. 2130, Farmer Mac Reform Act of 1995, 9:30 a.m., 1300 Longworth. COMMITTEE BUSINESS Committee on Banking and Financial Services, hearing on Committee on Standards of Official Conduct: Met in ex- the Treasury Department’s use of Federal Trust Funds, 1 ecutive session to consider pending business. p.m., 2128 Rayburn. Committee on Economic and Educational Opportunities, Sub- committee on Workforce Protections, to mark up the fol- Joint Meetings lowing bills: H.R. 2391, Compensatory Time for All TELECOMMUNICATIONS COMPETITION Workers Act of 1995; H.R. 1227, to amend the Portal- AND DEREGULATION ACT to-Portal Act of 1947 relating to the payment of wages to employees who use employer owned vehicles; and H.R. Conferees continued to resolve the differences between 2531, to amend the Fair Labor Standards Act of 1938 to the Senate- and House-passed versions of S. 652, to clarify the exemption for houseparents from the minimum provide for a pro-competitive, de-regulatory national wage and maximum hours requirements of that Act, policy framework designed to accelerate rapidly pri- 10:30 a.m. 2175 Rayburn. vate sector deployment of advanced telecommuni- Committee on Government Reform and Oversight, Sub- cations and information technologies and services to committee on Civil Service, hearing on HEHB/MSA: all Americans by opening all telecommunications Adding Medical Savings Accounts—Broadening Em- markets to competition, but did not complete action ployee Options, 9:30 a.m. 2154 Rayburn. thereon, and recessed subject to call. Subcommittee on the District of Columbia, to mark up H.R. 2661, District of Columbia Fiscal Protection Act of f 1995, 10 a.m., 2247 Rayburn. Committee on House Oversight, to consider pending busi- COMMITTEE MEETINGS FOR ness, 11 a.m., 1310 Longworth. WEDNESDAY, DECEMBER 13, 1995 Committee on the Judiciary, Subcommittee on Commer- (Committee meetings are open unless otherwise indicated) cial and Administrative Law, oversight and reauthoriza- tion hearing of the Administrative Dispute Resolution Senate Act, 2 p.m., 2226 Rayburn. Committee on Armed Services, to hold hearings on the Subcommittee on Courts and Intellectual Property, to nomination of H. Martin Lancaster, of North Carolina, to mark up the following bills: H.R. 2511, Anticounterfeit- be an Assistant Secretary of the Army, Department of ing Consumer Protection Act 1995 and H.R. 1861, to Defense, 10 a.m., SR–222. make technical corrections in the Satellite Home Viewer Committee on Energy and Natural Resources, Subcommittee Act of 1994 and other provisions of title 17, United on Forests and Public Land Management, to hold hear- States Code, 10 a.m., 2237 Rayburn. ings on S. 901, to authorize the Secretary of the Interior Subcommittee on Immigration and Claims, to consider to participate in the design, planning, and construction private claims bills; followed by a joint hearing with the of certain water reclamation and reuse projects and desali- Subcommittee on the Constitution, on societal and legal December 12, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 1453 issues surrounding children born in the United States to Committee on Transportation and Infrastructure, Sub- illegal alien parents, 10 a.m., 2325 Rayburn. committee on Aviation, hearing on Aviation Safety: Committee on National Security, executive, to receive a Should Airlines Be Required to Share Pilot Performance classified briefing on the proposed deployment of United Records? 9:30 a.m., 2167 Rayburn. States ground forces to Bosnia, 9:30 a.m., 2118 Rayburn. Subcommittee on Public Buildings and Economic De- Committee on Resources, to mark up the following bills: velopment, hearing and markup of the following: H.R. H.R. 2726, to make certain technical corrections in laws 1718, to designate U.S. courthouse located at 197 South relating to native Americans; S. 1341, Saddleback Moun- Main Street in Wilkes-Barre, PA, as the ‘‘Max Rosenn tain-Arizona Settlement Act of 1995; H.R. 377, Burt United States Courthouse;’’ H.R. 2504, to designate the Lake Band of Ottawa and Chippewa Indians Act; H.R. Federal building located at the corner of Patton Avenue 2100, to direct the Secretary of the Interior to make tech- and Otis Street, and the U.S. Courthouse located on Otis nical corrections to maps relating to the Coastal Barrier Street, in Asheville, NC, as the ‘‘Veach-Baley Federal Resources System; and H.R. 2738, Central Valley Project Complex;’’ H.R. 2415, to designate the U.S. Customs ad- Reform Act of 1995, 11 a.m., 1324 Longworth. ministrative building at the Ysleta/Zaragosa Port of Entry Committee on Rules, to consider the following: H.R. located at 797 South Ysleta in El Paso, TX, as the ‘‘Tim- 1745, Utah Public Lands Management Act of 1995; the othy C. McCaghren Customs Administrative Building;’’ Conference Report to accompany H.R. 1530, to authorize hearing on H. Con. Res. 85, authorizing the use of the appropriations for fiscal year 1996 for military activities Capitol Grounds for an event sponsored by the American of the Department of Defense, to prescribe military per- Iron and Steel Institute to demonstrate the use of steel sonnel strengths for fiscal year 1996; and the Conference building materials in the construction of residential Report to accompany H.R. 2546, making appropriations homes; and to mark up H.R. 2620, to direct the Archi- for the government of the District of Columbia and other tect of the Capitol to sell the parcel of real property lo- activities chargeable in whole or in part against the reve- cated at 501 First Street, SE, in the District of Columbia, nues of said District for the fiscal year ending September 8:30 a.m., 2253 Rayburn. 30, 1996, 11 a.m., H–313 Capitol. Committee on Ways and Means, Subcommittee on Trade, Committee on Science, Subcommittee on Energy and Envi- to mark up the Shipbuilding Trade Agreement Act, 10 ronment, hearing on Scientific Integrity and Federal Poli- a.m., 1100 Longworth. cies and Mandates; EPA’s Dioxin Reassessment, 9:30 a.m., 2318 Rayburn. Joint Meetings Committee on Small Business, hearing on a recent GAO Conferees, on H.R. 2539, to abolish the Interstate Com- report documenting misuse of the program’s sole-source merce Commission, and to amend subtitle IV of title 49, contracting authority, management errors, and falsifica- United States Code, to reform economic regulation of tion of eligibility documents, 9:30 a.m. 2359 Rayburn. transportation, 2 p.m., S–5, Capitol. D 1454 CONGRESSIONAL RECORD — DAILY DIGEST December 12, 1995

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9 a.m., Wednesday, December 13 10 a.m., Wednesday, December 13

Senate Chamber House Chamber Program for Wednesday: Senate will consider a pro- Program for Wednesday: Consideration of H.R. 2621, posed resolution opposing the President’s decision to de- Concerning Disinvestment of Federal Trust Funds (closed ploy United States troops in Bosnia and stating the Sen- rule, 1 hour of debate); ate’s support for United States troops. H. Res. 297, Providing Expedited Procedures for the At 12:30 p.m., Senate will vote on H.R. 2606, prohib- Remainder of the 104th Congress; and iting funds for sending United States troops to Bosnia. H.R. 2666, Foreign Operations Appropriations for Fis- cal Year 1996.

Extensions of Remarks, as inserted in this issue

HOUSE Gingrich, Newt, Ga., E2337 Serrano, Jose´ E., N.Y., E2339, E2343 Kennedy, Joseph P., II, Mass., E2340 Smith, Christopher H., N.J., E2340 Bono, Sonny, Calif., E2340 Meek, Carrie P., Fla., E2343 Stark, Fortney Pete, Calif., E2338, E2342 Burton, Dan, Ind., E2340 Montgomery, G.V. (Sonny), Miss., E2340 Stokes, Louis, Ohio, E2337 DeLauro, Rosa L., Conn., E2341 Moran, James P., Va., E2342 Watts, J.C., Jr., Okla., E2339 Dornan, Robert K., Calif., E2339 Rogers, Harold, Ky., E2338

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