Ted Kennedy

Mr. KENNEDY

Mr. KENNEDY. Mr. President, I ask for 2 final minutes.

Mr. KENNEDY. Many of their parents never went to college. These are teenagers. These students are trying to earn enough to buy their books and maybe attend an athletic event once in a while or be able to pay in order to rent athletic equipment. These students--and yes, they are teenagers--are working long and hard, and they deserve the increase, too.

Mr. KENNEDY. The Senator makes a good point because the organizations, the National Federation of Independent Businesses, the National Restaurant Association and others are out there already trying to discourage people from supporting this program. We will have a chance to deal with their arguments when we see what has actually happened in terms of the expansion of the restaurant industry and employment among restaurant workers. The Senator is no less interested in expanded employment or adequate income for restaurant workers than I am, and they still have done better with our modest increases in the past, and they will in the future. I want to ask if the Senator will agree with me on one other proposition. We will hear during the debate that at least a quarter of these are teenagers who are making the minimum wage. In my State, tuition at the University of Massachusetts in Boston costs $4297. These students are still 18 and 19 years old. They are teenagers, and many of them are working. These students need the money.

Mr. KENNEDY

Mr. KENNEDY. Mr. President, on November 11, Mary McAleese was inaugurated as President of Ireland. President McAleese was elected by the largest majority ever in an Irish Presidential election, and she is also the first President of Ireland who is from Northern Ireland. Having suffered personally from the troubles in Northern Ireland, President McAleese said in her inaugural address that the theme of her Presidency would be building bridges--between nationalists and unionists in Northern Ireland, and between the North and the South of Ireland. President McAleese will find many friends in the United States who share her vision of cooperation. We look forward to working with her in the years to come. I believe that all Members of the Congress concerned about these issues will be interested in reading her eloquent inaugural address, and I ask that it be printed in the Record. The address follows: Inauguration Speech By President Mary McAleese Dublin Castle, November 11th, 1997, Dublin, Ireland This is a historic day in my life, in the life of my family and in the life of the country. It is a wonderful privilege for me to be chosen as Uachtaran na hEireann, to be a voice for Ireland at home and abroad. I am honoured and humbled to be successor to seven exemplary Presidents. Their differing religious, political, geographical and social origins speak loudly of a Presidency which has always been wide open and all embracing. Among them were Presidents from Connaught, Leinster and Munster to say nothing of America and London. It is my special privilege and delight to be the first President from Ulster. The span of almost sixty years since the first Presidential inauguration has seen a nation transformed. This Ireland which stands so confidently on the brink of the 21st century and the third millennium is one our forbears dreamed of and yeamed for, a prospering Ireland, accomplished, educated, dynamic, innovative, compassionate, proud of its people, its language, and of its vast heritage; an Ireland, at the heart of the European Union, respected by nations and cultures across the world. The scale of what we have already accomplished in such a short time allows us to embrace the future with well-based confidence and hope. It is the people of Ireland who, in a million big and small ways, in quiet acts of hard work, heroism and generosity have built up the fabric of home, community and country on which the remarkable success story of today's Ireland is built. Over many generations there have been very special sources of inspiration who have nurtured our talent and instilled determination into this country. Mnay outstanding politicians, public servants, voluntary workers, clergy of all denominations and religious, teachers and particularly parents have through hard and difficult times worked and sacrificed so that our children could blossom to their fullest potential. They are entitled to look with satisfaction at what they have achieved. May we never become so cynical that we forget to be grateful. I certainly owe them a deep personal debt and as President I hope to find many opportunities both to repay that debt and to assist in the great work of encouraging our children to believe in themselves and in their country. Among those who are also owed an enormous debt of thanks are the countless emigrants whose letters home with dollars and pound notes, earned in grinding loneliness thousands of miles from home, bridged the gap between the Ireland they left and the Ireland which greets them today when they return as tourists or return to stay. They are a crucial part of our global Irish family. In every continent they have put their ingenuity and hard work at the service of new homelands. They have kept their love of Ireland, its traditions and its culture deep in their hearts so that wherever we travel in the world there is always a part of Ireland of which we can be proud and which in turn takes pride in us. I hope over the next seven years there will be many opportunities for me to celebrate with them. At our core we are a sharing people. Selfishness has never been our creed. Commitment to the welfare of each other has fired generations of voluntary organisations and a network of everyday neighbourliness which weaves together the caring fabric of our country. It has sent our missionaries, development workers and peacekeepers to the aid of distressed peoples in other parts of the world. It has made us a country of refuge for the hurt and dispossessed of other troubled places. It is the fuel which drives us to tackle the many social problems we face, problems which cynicism and self doubt can never redress but painstaking commitment can. We know our duty is to spread the benefits of our prosperity to those whose lives are still mired in poverty, unemployment, worry and despair. There can be no rest until the harsh gap between the comfortable and the struggling has been bridged. The late Cearbhall O Dalaigh, Ireland's fifth president and, dare I say it, one of three lawyers to grace the office, said at his inauguration in 1974: ``Presidents, under the Irish Constitution don't have policies. But * * * a President can have a theme.'' The theme of my Presidency, the Eighth Presidency, is Building Bridges. These bridges require no engineering skills but they will demand patience, imagination and courage for Ireland's pace of change is now bewilderingly fast. We grow more complex by the day. Our dancers, singers, writers, poets, musicians, sportsmen and women, indeed our last President herself, are giants on the world stage. Our technologically skilled young people are in demand everywhere. There is an invigorating sense of purpose about us. There are those who absorb the rush of newness with delight. There are those who are more cautious, even fearful. Such tensions are part of our creative genius, they form the energy which gives us our unique identity, our particularity. I want to point the way to a reconciliation of these many tensions and to see Ireland grow ever more comfortable and at ease with the flowering diversity that is now all around us. To quote a Belfast poet Louis MacNeice ``a single purpose can be founded on a jumble of opposites.'' Yet I know to speak of reconciliation is to raise a nervous query in the hearts of some North of the border, in the place of my birth. There is no more appropriate place to address that query than here in Dublin Castle, a place where the complex history of these two neighbouring and now very neighbourly islands has seen many chapters written. It is fortuitous too that the timing of today's Inauguration coincides with the commemoration of those who died so tragically and heroically in two world wars. I think of nationalist and unionist, who fought and died together in those wars, the differences which separated them at home, fading into insignificance as the bond of their common humanity forged friendships as intense as love can make them. In Ireland, we know only too well the cruelty and capriciousness of violent conflict. Our own history has been hard on lives young and old. Too hard. Hard on those who died and those left behind with only shattered dreams and poignant memories. We hope and pray, indeed we insist, that we have seen the last of violence. We demand the right to solve our problems by dialogue and the noble pursuit of consensus. We hope to see that consensus pursued without the language of hatred and contempt and we wish all those engaged in that endeavour, well. That it can be done--we know. We need look no further than our own European continent where once bitter enemies now work conscientiously with each other and for each other as friends and partners. The greatest salute to the memory of all our dead and the living whom they loved, would be the achievement of agreement and peace. I think of the late Gordon Wilson who faced his unbearable sorrow ten years ago at the horror that was Enniskillen. His words of love and forgiveness shocked us as if we were hearing them for the very first time, as if they had not been uttered first two thousand years ago. His work, and the work of so many peacemakers who have risen above the awesome pain of loss to find a bridge to the other side, is work I want to help in every way I can. No side has a monopoly on pain. Each has suffered intensely. I know the distrusts go deep and the challenge is awesome. Across this island, North, South, East and West, there are people of such greatness of heart that I know with their help it can be done. I invite them, to work in partnership with me to dedicate ourselves to the task of creating a wonderful millennium gift to the Child of Bethlehem whose 2000th birthday we will soon celebrate--the gift of an island where difference is celebrated with joyful curiosity and generous respect and where in the words of John Hewitt ``each may grasp his neighbor's hand as friend.'' There will be those who are wary of such invitations, afraid that they are being invited to the edge of a precipice. To them I have dedicated a poem, written by the English poet, Christopher Logue, himself a veteran of the Second World War. ``Come to the edge. We might fall. Come to the edge. It's too high! Come to the edge And they came, and he pushed and they flew.'' No one will be pushing, just gently inviting, but I hope that if ever and whenever you decide to walk over that edge, there will be no need to fly, you will find there a firm and steady bridge across which we will walk together both ways. Ireland sits tantalizingly ready to embrace a golden age of affluence, self-assurance tolerance and peace. It will be my most profound privilege to be President of this beautiful, intriguing country. May I ask those of faith, whatever that faith may be, to pray for me and for our country that we will use these seven years well, to create a future where in the words of William Butler Yeats. ``Everything we look upon is blest''

Mr. KENNEDY

Mr. KENNEDY. Mr. President, it is a privilege to join Senator Specter and Senator Wyden in introducing the Hate Crimes Prevention Act of 1998. Last Monday, President Clinton convened a historic White House Conference on Hate Crimes. This conference brought together community leaders, law enforcement officials, religious and academic leaders, parents, and victims for a national dialogue on how to reduce hate violence in our society. I commend President Clinton for his leadership on this important issue. Few crimes tear at the fabric of society more than hate crimes. They injure the immediate victims, but they also injure the entire community--and sometimes the entire nation. So it is entirely appropriate to use the full power of the federal government to punish them. This bill is the product of careful consultation with the Department of Justice, constitutional scholars, law enforcement officials, and many organizations with a long and distinguished history of involvement in combating hate crimes, including the Anti-Defamation League, the National Organization of Women Legal Defense Fund, the Human Rights Campaign, the National Coalition Against Domestic Violence, and the American Psychological Association. President Clinton strongly supports the bill, and we look forward to working closely with the administration to ensure its passage. Hate crimes are on the rise throughout America. The Federal Bureau of Investigation documented 8,000 hate crimes in 1995, a 33-percent increase over 1994. The 8,000 documented hate crimes actually understate the true number of hate crimes, because reporting is voluntary and not all law enforcement agencies report such crimes. The National Asian Pacific American Legal Consortium recently released its 1997 Audit of anti-Asian violence. Their report documented a 17-percent increase in hate crimes against Asian-Americans. The National Gay and Lesbian Task Force documented a 6-percent increase in hate violence against gay, lesbian, and bisexual citizens in 1996. Eighty-two percent of hate crimes based on religion in 1995 were anti- Semitic. Gender motivated violence occurs at alarming rates. The Leadership Conference on Civil Rights recently issued a report on hate crimes which correctly noted that ``society is beginning to realize that many assaults against women are not `random' acts of violence but are actually bias-related crimes.'' The rising incidence of hate crimes is simply intolerable. Yet, our current Federal laws are inadequate to deal with this violent bigotry. The Justice Department is forced to fight the battle against hate crimes with one hand tied behind its back. There are two principal gaps in existing law that prevent federal prosecutors from adequately responding to hate crimes. First, the principal federal hate crimes law, 18 United States Code 245, contains anachronistic and onerous jurisdictional requirements that frequently make it impossible for federal officials to prosecute flagrant acts of racial or religious violence. Second, federal hate crimes law do not cover gay bashing, gender-motivated violence, or hate crimes against the disabled. Our bill closes these gaps in existing law, and gives prosecutors the tools they need to fight bigots who seek to divide the nation through violence. Our bill expands the federal government's ability to punish racial violence by removing the unnecessary jurisdictional requirements from existing law. In addition, the bill gives federal prosecutors new authority to prosecute violence against women, against the disabled, and against gays and lesbians. The bill also provides additional resources to hire the necessary law enforcement personnel to assist in the investigation and prosecution of hate crimes. The bill also provides additional resources for programs specifically targeted at preventing hate crimes. Finally, the bill addresses the growing problem of adults who recruit juveniles to committee hate crimes. In Montgomery County, Tennessee, a white supremacist founded a hate group known as the ``Aryan Faction,'' and recruited new members by going into local high schools. The group then embarded on a violent spree of firebombings and arsons before being apprehended. Hate crimes disproportionately involve juveniles, and the bill directs the Sentencing Commission to study this problem and determine appropriate additional sentencing enhancements for adults who recruit juveniles to commit hate crimes. The structure of this bill is modeled after the Church Arson Prevention Act, the bipartisan bill enacted by the Senate unanimously last year in response to the epidemic of church arson crimes. Combating hate crimes has always been a bipartisan issue in the Senate. The Hate Crimes Statistics Act has overwhelming bipartisan support, and it was extended last year by a unanimous vote. The Hate Crimes Sentencing Enhancement Act was enacted in 1994 by a 92-4 vote in the Senate. The bill we are introducing today is the next step in our bipartisan effort to combat hate violence. This bill is an essential part of the battle against bigotry, and I urge the Senate to give high priority when Congress returns to session in January.

Mr. KENNEDY

Mr. KENNEDY. Mr. President, it is a privilege to join Senator Specter and Senator Wyden in introducing the Hate Crimes Prevention Act of 1998. Last Monday, President Clinton convened a historic White House Conference on Hate Crimes. This conference brought together community leaders, law enforcement officials, religious and academic leaders, parents, and victims for a national dialogue on how to reduce hate violence in our society. I commend President Clinton for his leadership on this important issue. Few crimes tear at the fabric of society more than hate crimes. They injure the immediate victims, but they also injure the entire community--and sometimes the entire nation. So it is entirely appropriate to use the full power of the federal government to punish them. This bill is the product of careful consultation with the Department of Justice, constitutional scholars, law enforcement officials, and many organizations with a long and distinguished history of involvement in combating hate crimes, including the Anti-Defamation League, the National Organization of Women Legal Defense Fund, the Human Rights Campaign, the National Coalition Against Domestic Violence, and the American Psychological Association. President Clinton strongly supports the bill, and we look forward to working closely with the administration to ensure its passage. Hate crimes are on the rise throughout America. The Federal Bureau of Investigation documented 8,000 hate crimes in 1995, a 33-percent increase over 1994. The 8,000 documented hate crimes actually understate the true number of hate crimes, because reporting is voluntary and not all law enforcement agencies report such crimes. The National Asian Pacific American Legal Consortium recently released its 1997 Audit of anti-Asian violence. Their report documented a 17-percent increase in hate crimes against Asian-Americans. The National Gay and Lesbian Task Force documented a 6-percent increase in hate violence against gay, lesbian, and bisexual citizens in 1996. Eighty-two percent of hate crimes based on religion in 1995 were anti- Semitic. Gender motivated violence occurs at alarming rates. The Leadership Conference on Civil Rights recently issued a report on hate crimes which correctly noted that ``society is beginning to realize that many assaults against women are not `random' acts of violence but are actually bias-related crimes.'' The rising incidence of hate crimes is simply intolerable. Yet, our current Federal laws are inadequate to deal with this violent bigotry. The Justice Department is forced to fight the battle against hate crimes with one hand tied behind its back. There are two principal gaps in existing law that prevent federal prosecutors from adequately responding to hate crimes. First, the principal federal hate crimes law, 18 United States Code 245, contains anachronistic and onerous jurisdictional requirements that frequently make it impossible for federal officials to prosecute flagrant acts of racial or religious violence. Second, federal hate crimes law do not cover gay bashing, gender-motivated violence, or hate crimes against the disabled. Our bill closes these gaps in existing law, and gives prosecutors the tools they need to fight bigots who seek to divide the nation through violence. Our bill expands the federal government's ability to punish racial violence by removing the unnecessary jurisdictional requirements from existing law. In addition, the bill gives federal prosecutors new authority to prosecute violence against women, against the disabled, and against gays and lesbians. The bill also provides additional resources to hire the necessary law enforcement personnel to assist in the investigation and prosecution of hate crimes. The bill also provides additional resources for programs specifically targeted at preventing hate crimes. Finally, the bill addresses the growing problem of adults who recruit juveniles to committee hate crimes. In Montgomery County, Tennessee, a white supremacist founded a hate group known as the ``Aryan Faction,'' and recruited new members by going into local high schools. The group then embarded on a violent spree of firebombings and arsons before being apprehended. Hate crimes disproportionately involve juveniles, and the bill directs the Sentencing Commission to study this problem and determine appropriate additional sentencing enhancements for adults who recruit juveniles to commit hate crimes. The structure of this bill is modeled after the Church Arson Prevention Act, the bipartisan bill enacted by the Senate unanimously last year in response to the epidemic of church arson crimes. Combating hate crimes has always been a bipartisan issue in the Senate. The Hate Crimes Statistics Act has overwhelming bipartisan support, and it was extended last year by a unanimous vote. The Hate Crimes Sentencing Enhancement Act was enacted in 1994 by a 92-4 vote in the Senate. The bill we are introducing today is the next step in our bipartisan effort to combat hate violence. This bill is an essential part of the battle against bigotry, and I urge the Senate to give high priority when Congress returns to session in January.

Mr. KENNEDY

Mr. KENNEDY. Mr. President, it is a privilege for me to take this opportunity to commend Henri Termeer of Massachusetts on receiving the Governor's New American Appreciation Award from Governor Weld earlier this year. Henri Termeer is well known to many of us in Congress. He is the chief executive officer and president of Genzyme Corp., the largest biotechnology company in Massachusetts and the fourth largest in the world. When Henri joined Genzyme in 1983, the company had only 35 employees. Under his leadership, Genzyme has grown to over 3,500 employees, including 2,100 in Massachusetts. Henri was born in the Netherlands and grew up expecting that he would eventually join his father's shoe business. As a young man, he worked in the shoe industry in England, intending to gain training and experience there before returning to work for his father. When he left England, however, he decided to come to America instead of returning to the Netherlands. After earning a masters degree in business administration at the University of Virginia, Henri joined a pharmaceutical company and spent the next 10 years working in Germany and the United States in various management positions. He left that company in 1983 to become president of Genzyme Corp. and later became the company's chief executive officer as well. In working with Henri Termeer over the years, I have come to know him as an impressive businessman and as an outstanding leader for the biotechnology industry. He is highly respected in the industry for his knowledge, vision, and commitment, and he has won numerous awards from his peers. As a member of Governor Weld's Council on Economic Growth and Technology and chairman of the Subcommittee on Biotechnology and Pharmaceutical Development, Henri's leadership was responsible for the adoption of a number of broad initiatives that have made Massachusetts an excellent business environment for the biotechnology industry. At the present time, biotechnology is a $1.7 billion industry in Massachusetts that employs over 17,000 people. Henri was selected to receive the Governor's New American Appreciation Award for his charitable and community activities as well as his business leadership. Among his most important civic accomplishments are his efforts to expand learning opportunities for mentally challenged children, to improve science education for minority students, and to train workers displaced from other industries for new careers in biotechnology. I congratulate Henri Termeer on this well-deserved award. His success in this country is a brilliant new chapter in America's distinguished immigrant heritage and history. He is a modern symbol that the American Dream is alive and well in our own day and generation. The United States needs more New Americans like Henri Termeer.

Mr. KENNEDY

Mr. KENNEDY. Mr. President, December 6 marks the 50th birthday of one of the Nation's finest labor leaders. Gary Sauter has been a member of the United Food and Commercial Workers and its predecessor, the Retail Clerks International Association, for over 30 years, and he has done an outstanding job. Gary comes from a hard-working union family. His father and mother were both members of the Retail Clerks Union in Baltimore. In fact, they became engaged after a labor dispute. Following in their footsteps, Gary joined the Retail Clerks in 1965, as a cashier for Safeway Stores while he was attending the Baltimore College of Commerce. The union quickly recognized his ability and, in 1969, Gary became a department store organizer. He worked effectively to organize workers at the Hoschschilds Kohn department store in Baltimore, and went on to become regional coordinator for the Retail Clerks' Southeastern Division. Later, Gary became organizing director for Local 400 of the Retail Clerks in Landover, MD. In large part because of Gary's efforts, the local grew to one of the largest and most effective local unions in the Washington, DC area. In 1988, after the Retail Clerks merged with the Amalgamated Meat Cutters to form the United Food and Commercial Workers' Union, Gary joined the new international as special assistant to the president. He continued to be a leader and, in 1994, was elected international vice president of the union. Later that year he was chosen to serve as director of the union's Legislative and Political Affairs Department, a position he holds today. Throughout his distinguished career Gary has done a brilliant job for the workers he represents. He has never lost sight of the importance of their needs, and he has worked skillfully and tirelessly to improve the wages and working conditions of all Americans. It is an honor to pay tribute to this impressive leader. I extend my best wishes to Gary, his wife Pat, and his children, Christopher and Amy, on this auspicious milestone. Well done, Gary, and keep up the great work.

Mr. KENNEDY

Mr. KENNEDY. It seems like only yesterday, but my Republican friends think 35 years is a long time to serve in the U.S. Senate.

Mr. KENNEDY. Thank you, Madam President.

Mr. KENNEDY. I thank the majority leader.

Mr. KENNEDY

Mr. KENNEDY. Madam President, as we conclude this session of Congress, I would like to take a moment to recognize a valued adviser, an extraordinary public servant, and an able advocate for high quality education and job training for all our citizens, Bill Spring of Boston. Tragically, Bill was severely injured in an accident 2 weeks ago as he was walking home from work and he remains unconscious today. We are all very optimistic that Bill will regain good health. Our hearts go out to his wife Micho and his children. I want them to know how proud we are to have Bill as a friend and colleague. Our thoughts and prayers are with them at this difficult time. Many of us in the Senate know Bill and worked with him during his years as a staff member of the Senate Labor Committee or as a senior adviser to President Carter. He has also served as a professor at Harvard and at Boston University, as a vice president of the Federal Reserve Bank of Boston, as a member of the Boston School Committee, and in many other valuable positions. In each capacity, Bill has always brought a brilliant intellect, an unyielding commitment to the principles of fairness and opportunity, an extraordinary creativity, and an unfailing ability to find a way forward, even in the most difficult times. His leadership on education and job training has been outstanding. His understanding of the basic issues and his tireless pursuit of better policies and programs to improve the quality and quantity of opportunities for all Americans have made an immense contribution to public policy and to the lives of tens of thousands of individuals and their families. In the policy arena, Bill Spring has been a leader in every significant debate and legislative achievement by Congress on employment and job training for over three decades. His judgment, his evaluation of alternatives, and his understanding of the needs of the people who need our help the most have been indispensable to the bipartisan progress we have made. He has devoted special attention and energy to the serious problems of poor and minority youth. From the unprecedented youth employment and training program of the Carter administration to the current Out-of- School Youth Initiative in the pending work force development legislation, unanimously reported to the Senate last month, Bill Spring's guidance and direction have been superb. In Boston and Massachusetts, Bill has had a key role in all the progress we have made in meeting the employment and training needs of workers and the needs of students for quality education and effective links between their learning and the work force. The nationally renowned Boston Compact could not have been achieved without Bill Spring's design, support, and direction. The compact has become the most successful effort in the country to keep young men and women in school and assist their transition from school to their future careers. Thousands of youths in Boston now have different and better lives because of Bill's creativity and energy. The new and successful relationship between the Boston Police Department, juvenile justice system, and the Boston school system is another of Bill Spring's major achievements. The success that Boston has achieved in reducing juvenile crime, including the elimination of juvenile murder for over 2 years, is an extraordinary tribute to his insight and leadership. We wish him a speedy and full recovery, and a quick return to his leadership on all these vital issues.

Mr. KENNEDY

Mr. KENNEDY. If the Senator would be recognized for 10 minutes----

Mr. KENNEDY. Mr. President, I was wondering if we could ask for 40 minutes. I have a couple of Senators on our side who would like time, who have been very active on this issue. Perhaps we could have a few more minutes so that we could accommodate their requests. Would that be agreeable?

Mr. KENNEDY

Mr. KENNEDY. Mr. President, it is a privilege to join Senator Graham, Senator Mack, Senator Abraham, and Senator Moseley-Braun in introducing legislation providing permanent residence to Haitian refugees. The Senate has now adopted legislation to enable Nicaraguan and Cuban refugees to remain permanently in the United States as immigrants, and to enable Salvadorans and Guatemalans to seek similar relief on a case- by-case basis. Haitian refugees deserve no less. These families fled violence, torture, murder and other atrocities in Haiti. The Bush administration and the Clinton administration found that the vast majority of these refugees fled from Haiti because of a legitimate fear of persecution. These deserving Haitian refugees have resettled in many different States. They brought with them an unparalleled love of freedom, and a strong commitment to our democracy. They honor the opportunity that America offers. They were welcomed by churches and neighborhood groups, who have helped them rebuild their lives in communities across America. Today, they are contributing and valued members of our society. Immigration relief for Haitian refugees should have been included in the legislation to assist the refugees from Central America. President Clinton wrote to Speaker Gingrich to emphasize the importance of comparable relief for Haitian refugee families at a time when Congress was acting on relief for other refugees. Haitian refugees deserve the same immigration opportunities that the Republican leadership is proposing for refugees from Central America. But the Republican leadership in Congress said no. They even rejected our efforts at least to provide immediate relief from deportation for Haitian families. While the Republicans said no to these refugees, I understand that the Clinton administration will be taking steps to assure these Haitian families that they will be protected from deportation while Congress considers legislation in the coming months to allow the families to seek permanent residence here. And I commend Senator Moseley-Braun for her extraordinary leadership in working with the administration to achieve this important result, as well as Representative Carrie Meek for her tireless efforts for Haitian refugees. The legislation we are introducing will provide the fair relief that is greatly needed. It is a matter of simple justice. It should be adopted as soon as possible and I regret it was not part of the measure enacted today.

Mr. KENNEDY

Mr. KENNEDY. Mr. President, this appropriations bill contains immigration provisions to provide much-needed protection from deportation for Central American refugee families and an opportunity for permanent residence in the United States under our immigration laws. This legislation is an important step, and I commend Senator Mack and Senator Graham for their extraordinary work and leadership in helping these refugee families and for bringing this issue before the Senate. I deeply regret, however, that these provisions don't go far enough. Last year, Congress changed the rules and broke the faith with thousands of refugee families from Central America and Haiti who fled civil war, death squads, and oppression. They found safe haven in America, and they have contributed significantly to the United States and to communities across the country. They were allowed to remain in the United States under bipartisan immigration rules established by President Reagan, affirmed by President Bush, and reaffirmed by President Clinton. But last year, the Republican Congress withdrew the welcome mat. Now, these deserving families who have suffered so much are suddenly faced with deportation. They had been promised their day in court, but that day has been unfairly denied. This legislation is a frank admission by the Senate that last year's immigration law treated these families unfairly, and that something must be done to correct this grave injustice. But instead of correcting the injustice for all refugees, Republicans now propose to pick and choose among their favorite Latino groups, and deny any relief to Haitian refugees at all. Republicans want a blanket amnesty for Nicaraguans and Cubans, but far less for Salvadorans and Guatemalans who also faced oppression and civil war. They also provide protection from deportation for Eastern European refugees, but nothing for those who fled for their lives from Haiti The Republican proposal is unjust and shamefully discriminatory. These refugee groups faced similar circumstances and have a similar history. First the Reagan administration, then the Bush administration, and then the Clinton administration assured them that they could apply to remain permanently in the United States under our immigration laws. Under those laws at that time, if they have lived here for at least 7 years and are of good moral character, and if a return to Central America or Haiti will be an unusual hardship, they are allowed to remain. Last year's immigration law eliminated this opportunity for these families by changing the standard for humanitarian relief. It said the families had to live here for 10 years, not just 7, to qualify to remain. It created a much higher standard for proving that their removal from the United States would pose a great hardship to the family. It limited the number of persons who could get relief from deportation to only 4,000 per year. All other families would be deported, even if they otherwise qualified for relief under this program. Americans across the political spectrum have called on Congress to ensure that the rules are not changed unfairly for these families. President Clinton has urged Congress to give them the day in court they have been promised for the past decade. They include people such as Zulema, who fled to Miami in 1986 to escape civil war. Her husband and four children are all legal permanent residents of the United States. They have their green cards. Two of the children are now serving in the U.S. Army and have been stationed in Bosnia. But Zulema still does not have her green card and faces deportation. Her family escaped war and persecution. They rebuilt their lives in America. Her children have put their lives on the line in Bosnia in service of their adopted country. It is unfair to suddenly change the rules and deport their mother. Roberto, age 6, was abandoned by his parents in El Salvador during that country's tragic civil war. He came to the United States and was raised here by his aunt, who is an American citizen. Today, he is 18 years old and a freshman at Middlebury College in Vermont. He is an honors student planning a career in medicine. His only memories of El Salvador are of the war. He does not even know if his parents are still alive. Roberto, too, faces deportation. These are the kinds of persons we are talking about. They have played by the rules laid down by both Republican and Democratic administrations. They have obeyed the law. They have made worthwhile contributions to our communities. In fact, the assistant manager of Dade County in Florida estimates that Dade County would lose $1 billion in revenue if these families are forced to leave. But while offering assistance to Central American refugee families, the provisions of this amendment contain troublesome inequities that cannot be ignored. The Republican bill provides for case-by-case consideration of the applications of refugees from El Salvador or Guatemala. Under current INS practices, less than half of those eligible to apply are expected to get their green cards. But refugees from Nicaragua and Cuba get a blanket amnesty. Refugees from all four countries fled violent civil wars, death squads, rogue militias, and violations of their basic rights. Their families suffered persecution and death threats. Once here, they followed the rules laid out by our Government. But now, one group gets green cards--no questions asked--while the other is considered only on a case-by-case basis. I am also concerned that this legislation does not also help refugees from Haiti. In the Bush administration--and again in the Clinton administration--Haitian refugees, like Central Americans, were granted temporary haven in America from the rampant persecution and violence in Haiti. Many Haitians risked their lives by opposing the forces of oppression in their country and standing up for democracy and freedom. Yet, this amendment does nothing for these deserving families. They deserve their day in court, too. Congress should act on behalf of these Haitian families too, and I hope we will do so before the session ends. Once again, I commend Senator Mack and Senator Graham for their leadership on this important issue. I regret, however, that the Republican leadership did not see fit to allow us to offer amendments to ensure equal treatment for all Central American and Haitian refugees.

Mr. KENNEDY

Mr. KENNEDY. Mr. President, I move to reconsider the vote by which the conference report was agreed to.

Mr. KENNEDY. Mr. President, we again thank our colleagues and friends and look forward to the passage of this legislation. If there are no other comments, I would be prepared to yield the remainder of our time.

Mr. KENNEDY. Mr. President, how much time remains?

Mr. KENNEDY. I yield myself 5 minutes. Mr. President, I just want to review once again, very briefly, the principal provisions in the legislation which I think are enormously constructive and positive. First of all, building on the PDUFA record, this provision that we have enacted expands the existing program by setting additional performance targets. It puts special emphasis on expanding early cooperation and FDA and the industry, which will reduce the development time, so that the drug development process, not just the regulatory review process, can be expedited. That is very important. There are many other positive achievements in the legislation. I am particularly gratified, as I mentioned earlier, with the broader use of the fast-track approval. The streamlined accessibility procedure now available primarily to patients with cancer or AIDS will also be available for drug treatments for patients with any other life- threatening diseases. This bill also provides for expanded access to drugs still under investigation for patience who have no other alternatives. The compromise combines protections for patients with expanded access to new investigational therapies, without exposing patients to unreasonable risks. The bill includes a new program to provide access for patients to information about clinical trials for serious or life-threatening diseases. It provides incentives for research on pediatric applications of approved drugs and for development of new antibiotic to deal with emerging, drug-resistant strains of diseases. It requires companies to give patients advance notification of discontinuance of important products. And in that connection, I am disappointed that we were not able to address the issue of assuring that asthma patients and others will not be put at risk by any abrupt discontinuance of inhalers containing CFC's. I have been informed by FDA that no notice of proposed rulemaking will be issued before this summer, which will give Congress plenty of time to return to this question, if necessary. The bill includes many measures that will reduce unnecessary regulatory burdens and appropriately clarify its authority. These provisions, as well as others, are extremely constructive and will be enormously helpful to the American consumer. Mr. President, I would like to mention some of the staff who have been a crucial part of this whole process. Those members of our staff on the Labor Committee: Nick Littlefield, David Nexon, Diane Robertson, Debbie Kochevar, Pearl O'Rourke, Jim Manley, Leslie Kux, and Carrie Coberly. Bonnie Hogue with Senator Reed, Sabrina Corlette and Peter Reinecke with Senator Harkin, Jeanne Ireland with Senator Dodd, Deborah Walker with Senator Bingaman, Anne Grady with Senator Murray, Linda DeGoutis with Senator Wellstone, Lynne Lawrence with Senator Mikulski, and Anne Marie Murphy with Senator Durbin. With the Republicans are the following staff: Jay Hawkins, Sean Donohue, and Mark Powden, with Senator Jeffords; Vince Ventimiglia with Senator Coats; Kimberly Spaulding with Senator Gregg; Sue Ramthun with Senator Frist; and Saira Sultan with Senator DeWine. Also, the House staff were instrumental in the success of this conference: Kay Holcombe, as Senator Hatch has indicated, worked with us when she worked with Senator Hatch on the committee years ago and was very constructive during this process. Howard Cohen, Rodger Currie and Eric Berger also with the Commerce Committee, and Paul Kim on Congressman Waxman's staff. And I thank the FDA staff: Bill Schultz, Peggy Dotzel, and Diane Thompson. I thank them all very much for all of their help and their involvement. privilege of the floor Finally, I ask unanimous consent that Tom Perez, a Justice Department detainee on the Judiciary Committee, be given floor privileges for the remainder of the session.

Mr. KENNEDY. Mr. President, how much time do I have?

Mr. KENNEDY. Mr. President, how much time do I have?

Mr. KENNEDY. Mr. President, I will yield 5 minutes to the Senator from Rhode Island, but first I yield myself 15 seconds. I want to give the assurance to my friend and colleague from Indiana, as one that didn't always see eye to eye with the good Senator on some of these issues, I pay tribute to him for the strength of his commitment and the power of his logic and argument, and the passion which he has demonstrated out here. I have enjoyed his friendship and have always valued the opportunity to exchange ideas with him.

Mr. KENNEDY. I yield 2 minutes to the Senator from Maryland.

Mr. KENNEDY. Mr. President, we have waited a very considerable time for this moment this afternoon in the U.S. Senate as well as action in the House of Representatives and, hopefully, the President's signature in the next few days on a matter of very significant importance to the issues of quality health for the American people. It has been a very considerable process that we have followed over a number of years to get to this point. I congratulate the chairman of our committee, Senator Jeffords, for his leadership all along this long and difficult passage, because I think without his perseverance, without his knowledge and awareness and his strong commitment on this issue, we would not have this important legislation available for the Senate and for the American people. Mr. President, one could wonder why it has taken so much time. But we have a natural tension between bringing new innovation and creativity and breakthroughs in the areas of pharmaceutical drugs and medical devices to the market and, on the other hand, protecting the public by approving only safe and efficacious products. We have well-intentioned, brilliant medical researchers in our country who are absolutely convinced that their particular product can provide life-saving opportunities for our fellow citizens, members of our families, who are suffering extraordinary illness. And we have brilliant researchers at FDA that examine scientific information and clinical studies and believe that a very significant potential danger is out there for those who might use a particular pharmaceutical or medical device. Achieving a balance between these two concerns is a difficult task. The one who has really balanced these conflicting views has been our chairman, Senator Jeffords, working diligently with other members of the committee, Democrats as well as Republicans, over a long period of time. I am convinced that as a result of this legislation the health of the American people will be enhanced through faster availability to pharmaceutical drugs and medical devices while maintaining important protections for the American people. I join in supporting this landmark FDA conference report. This is a very important piece of legislation. I think in many respects this will be one of the most important pieces of legislation of this year, and possibly of this Congress. Mr. President, I want to commend Chairman Bliley, John Dingell, as well as Chairman Bilirakis, Sherrod Brown and other members of the House committee for their bipartisan work. We had a good conference where Members were knowledgeable and very committed in terms of finding common ground. I believe as a result of this conference we have an even stronger bill than was passed earlier. In addition, I commend the Patients' Coalition and Public Citizen, who worked to assure that the needs of patients were fully and fairly considered in the legislation. I appreciate the assistance of the Massachusetts biotechnology and medical device industries, who provided me with valuable insight into these complex issues and their concerns. I also commend Secretary Shalala, the dedicated men and women at the FDA, and the Clinton administration for their skillful and impressive role in developing so many aspects of these needed reforms. The most important part of the bill is the extension of the Prescription Drug User Fee Act [PDUFA] which was originally enacted in 1992. PDUFA is one of the most important FDA reform measures ever enacted. It provides funds for FDA to hire hundreds of new reviewers who, in turn, are able to expedite the review and approval of pharmaceutical products. A critical element of PDUFA's success was the establishment of measurable performance targets, which was negotiated between the industry and the FDA. Under the PDUFA provisions in this bill, in addition to moving products through the regulatory process more quickly, the FDA and industry will also establish a cooperative working relationship and shorten drug and device development times, which now represent the most significant delay in bringing new products to market. In addition, the bill includes a number of other constructive provisions to enhance cooperation between industry and the FDA to improve regulatory procedures. I am particularly gratified that the bill includes broader use of fast-track drug approval. The streamlined accessibility procedure now available primarily to cancer or AIDS will be available for drug treatments for patients with all life-threatening diseases. The bill provides for expanded access to drugs still under investigation for patients who have no other alternatives. The compromise combines protections for patients with expanded access to new investigational therapies, without exposing patients to unreasonable risks. The bill includes a new program to provide access for patients to information about clinical trials for serious or life-threatening diseases. It provides incentives for research on pediatric applications of approved drugs and for development of new antibiotics to deal with emerging, drug-resistant strains of disease. It requires companies to give patients advance notification of discontinuance of important products. And in that connection, I am disappointed that we were not able to address the issue of assuring that asthma patients and others will not be put at risk by any abrupt discontinuance of inhalers containing CFCs. I have been informed by FDA that no notice of proposed rulemaking will be issued before this summer, which will give Congress plenty of time to return to this question, if necessary. Mr. President, the current legislation is an improvement over the bill approved by the Labor Committee earlier this year--that bill included a number of provisions that as originally proposed could have jeopardized public health. The original bill provided a pilot program for third-party review under which private third parties, certified by the Food and Drug Administration but selected and paid by the manufacturer, would have reviewed the safety and effectiveness of medical devices to determine whether or not they could be sold. The original proposal would have included many of the most complex and risky devices, such as digital mammography machines, and a host of other devices to detect and treat cancer and other dread diseases. Under the final bill, these devices may not be included in the pilot program. The original bill required the Food and Drug Administration to approve devices for marketing even if the Food and Drug Administration knew defects in the manufacturing process would make the devices unsafe or ineffective. The final legislation eliminates this requirement. The original bill would have prevented the Food and Drug Administration from looking behind the label proposed by a device manufacturer seeking approval of a product, even if the product was false or misleading. The final legislation assures that the Food and Drug Administration will be able to require full and complete information for physicians and consumers on any potential use of the device, not just the one claimed on the label submitted with the application for approval. And the final legislation preserves the State authority to regulate cosmetics, an area of significant potential hazard to consumers. The legislation includes an important compromise on information on off-label use of drugs. This compromise will allow companies to circulate reputable journal articles about off-label use of drugs but will ultimately enhance the public health and safety because the FDA will be given the opportunity to review, comment on, and approve articles which the companies will circulate. The compromise also requires companies to undertake studies on the safety of their drugs for the specific off-label use and submit applications to the FDA for approval of their drugs for these uses within 3 years. Currently, too many off-label uses of drugs have never been reviewed for safety and effectiveness. The bill assures the Food and Drug Administration will continue to conduct appropriate environmental impact statements, rather than be exempted from the standards that apply to every other governmental agency. The compromise included in the bill assures the Nutrition Labeling Act is not undercut or weakened, and any health claims by food manufacturers have to be substantiated. The legislation maintains existing standards for approval of supplemental use of drugs while streamlining the process by which they can be approved. In summary, the current legislation is a vast improvement over the bill approved by our committee earlier this year. As a result of extensive discussion since then, including the 3 weeks of debate in the full Senate and our subsequent negotiations with the House, I believe every one of these problem issues has been resolved satisfactorily. The bill we enact will get safe and effective products to market while assuring the Food and Drug Administration will have the tools it needs for public health. It is a landmark achievement. I urge all of my colleagues to support it.