A Candid Report on the 105th Congress
'Big Brother' Tracking Our Daily Actions
The 1996 Kennedy-Kassebaum law authorized the
Department of Health and Human Services to assign
"unique health care identifiers" to each American so that
the government can electronically tag, track and monitor
our personal medical records. Due to grassroots lobbying
by Eagle Forum and others, the Omnibus-spending bill
passed in October forbids the government from going
ahead with this totalitarian plan "until legislation is
enacted specifically approving the standard."
The Collections of Information Antipiracy bill did
not pass, thanks to grassroots lobbying by Eagle Forum
and others. This bill would have encouraged private
corporations to build databases of personal information
about individual Americans, including name, address,
telephone number, medical records, and "any other
intangible material capable of being collected and organized in a systematic way." Corporations would acquire
new federal property rights in these databases that would
be protected by federal police power. Your medical chart
detailing your visits to your doctor, for example, would
suddenly become the federally protected property of
other persons or corporations, and their rights would be
enforced by the federal courts.
The 1996 Welfare Reform Act requires all employers to send to a new government database, the Directory
of New Hires, the name, address and Social Security
number of every new worker and every employee who is
promoted. This will become a massive database, tracking
nearly every worker in America. The Clinton Administration tried to put a provision in the Omnibus-spending
bill to share this New Hires database with other agencies
(which shows how dangerous these databases are becoming). Due to the alert action of Eagle Forum, this language was deleted.
Expect a battle about all these databases next year
because they are a vital part of Clinton's plans to move
us into "Big Brother" government. They were a major
part of Clinton's socialized medicine scheme that was
rejected in 1994. Trying to get Congress to kill these
anti-privacy notions permanently will be a big issue in
the next Congress. (See the Phyllis Schlafly Reports, July and
September 1998.)
Federal I.D. Cards Postponed
When Social Security was started, the government
promised that the Social Security number would never be
used for identification. But the 1996 Illegal Immigration
Reform Act requires that state driver's licenses after
October 1, 2000 must contain Social Security numbers as
the unique numeric identifier. This is clearly an attempt
to convert drivers' licenses (a state matter) into national
I.D. cards that will soon also include fingerprints and a
magnetic strip containing all sorts of other information
(retina scan, DNA print, voice print) to enable the
government to track everyone's movements.
The Omnibus-spending bill passed in October
prohibits the government from issuing final regulations
about this during the current fiscal year, which ends
September 30, 1999. The stage is set for a battle next
year. (See the Phyllis Schlafly Reports, July and September 1998.)
Clinton's Attempt to Control the Classroom
The Clinton Administration is engaged in a four-prong attempt to control the curriculum of the nation's
classrooms: the Goals 2000 Act passed in 1994, the
School-to-Work Act passed in 1994, National Standards
(which have been intellectually discredited, but are
pervasive in new textbooks), and National Testing. It is
obvious that national tests would give the U.S. Department of Education control of curriculum, because schools
would "teach to the test." Thanks to determined efforts
by Rep. Bill Goodling (R-PA) and Senator John Ashcroft
(R-MO), the Omnibus-spending bill prohibits the use of
federal funds to implement any new national tests not
explicitly authorized by Congress. (See the Phyllis Schlafly
Reports, November 1997 and March 1995.)
Two School-to-Work bills were passed and signed
into law: H.R. 1385 covering adult job training, youth
dropout job training, and some after-school K-12 programs; and H.R. 1853, which deals with K-12 in-school
vocational education. We are concerned that these bills
are a big step toward mandatory school-to-work and
Clinton's federalized education agenda. However, H.R.
1853 does include some important restrictions: Senator
John Ashcroft's ban on using these funds to implement
the 1994 School-to-Work Act, a prohibition on the
development of a national database, and an explicit
requirement that student participation in vocational or
technical or career-path programs be voluntary. (See the
Phyllis Schlafly Report, April 1997.)
In an important development, Rep. Bob Schaffer (R-CO) put Marc Tucker's famous 18-page "Dear Hillary"
letter in the Congressional Record on September 25.
You can now access this document on Eagle Forum's
website: www.eagleforum.org. This letter reveals Bill
and Hillary Clinton's master plan to take over the
classrooms of America and use them to serve the labor
force under national economic planning.
The Dollars to the Classroom Act (H.R. 3248),
sponsored by Rep. Joe Pitts (R-PA), passed the House
212-198 on September 18. This bill would block-grant
31 programs to the states and require that they spend
95% of the money on classroom education expenses.
Local schools would be able to choose programs other
than Goals 2000 or School-to-Work. Unfortunately, this
bill died in the Senate. (See Phyllis Schlafly's column dated
October 7, 1998
.)
NEA's Tax Exemption Repealed
In the Omnibus-spending bill, Congress permanently
repealed the unique property tax exemption (worth $1.1
million a year in taxes) enjoyed by the National Education Association on its big headquarters building in
Washington, D.C. Congress repealed this special tax
break in 1997 for one year, but now it is gone forever.
Eagle Forum was the first to bring this to Congress's
attention in 1995 and has been urging this action.
Clinton Keeps U.S. Vulnerable to Missile Attacks
One of the most peculiar of the Democrats' policies
is their insistence on keeping Americans sitting ducks
for enemy intercontinental ballistic missiles. President
Ronald Reagan called on us to build an anti-missile
system, called the Strategic Defense Initiative (SDI), in
a great speech in 1983. His threat to build it was the
biggest single factor in causing the dissolution of the old
Soviet Union. But America has never built SDI.
Clinton allowed sensitive missile technology to go to
Communist China via the commercial satellites owned
by Loral Space and Communications, whose CEO
Bernard Schwartz is the Democratic Party's biggest
donor (giving $599,000 in this election cycle). China
now has 13 of its 18 long-range missiles targeted on
U.S. cities, and their accuracy was improved by help
from Loral. We also face dangers from rogue nations
that are rapidly acquiring missile technology, such as
North Korea, Iran and Iraq. (See the Phyllis Schlafly Report,
June 1998
.)
We need an anti-missile defense, but the Senate by
one vote on September 9 killed a bill (S. 1873) that
would have authorized building an anti-missile defense
system. (See Phyllis Schlafly's column dated November 11, 1998)
Meanwhile, the Clinton Administration is pushing
the ABM Expansion Treaty (also known as the Memorandum of Understanding), which would extend the
now-moribund 1972 Anti-Ballistic Missile (ABM)
Treaty. That treaty is no longer valid because the other
signatory, the Soviet Union, no longer exists. That
treaty is a dangerous idea anyway because it forbids us
to defend ourselves against incoming missiles, based on
the theory of Mutual Assured Destruction (MAD).
In a constructive step, the Omnibus-spending bill
includes a provision to prohibit the Clinton Administration from spending any funds to implement the Memorandum of Understanding unless the Senate ratifies it.
Threat to U.S. Patent Rights Derailed
The "Ominous" Patent bill (S. 507), which would
severely curtail the vital constitutional rights of independent inventors, did not pass! American inventions
are the marvel of the world and the key to our technological superiority and high standard of living. This bill,
sponsored by Sen. Orrin Hatch (R-UT), was an attempt
by the foreigners and the multinationals to "harmonize"
the U.S. system with the rest of the world, i.e., make our
successful U.S. system like the unsuccessful systems in
Japan and elsewhere. Due to grassroots lobbying by
Eagle Forum and others, a brilliant statement against it
by 25 Nobel Laureates, and the leadership of Senator Kit
Bond (R-MO), the bill did not pass. But it will be back!
(See the Phyllis Schlafly Reports, March 1998 and July 1997.)
The 'Era of Big Government' Remains
Despite a healthy budget surplus, the 105th Congress
failed to give us the across-the-board tax cuts that we
expected, or the elimination of the marriage penalty, or
the repeal of the 1993 Clinton-Gore tax increase or the
1990 George Bush tax increase. The Republican
"leadership" failed even to raise the tax-cut issue. One
of the few who have raised the issue of cutting taxes is
Senator John Ashcroft (R-MO). (See the Phyllis Schlafly
Report, February 1998
.)
Clinton demagoged about "saving" the surplus for
Social Security, but that wasn't what happened. He
demanded (and the Republican "leadership" okayed) the
spending of $29 billion over last year's budget caps
(including a lot of pork-barrel projects), $1.9 billion
extra for Bosnia (bringing the cost of this interventionist
frolic to $9 billion with no end in sight), and $17.9
billion to be laundered through the International Monetary Fund (IMF) and into the secret bank accounts of
corrupt foreign dictators. The principal "reform" the
IMF promised is that it may stop lending our money to
high-risk foreigners at below market rates! (See the Phyllis
Schlafly Reports, January 1998 and May 1998, page 3.)
Saving the Feminists' Military Agenda
In a real disappointment, the House-Senate Conference on the Department of Defense Authorization bill
eliminated the House-passed requirements (a) to separate
male and female military training and (b) to require
separate-sex barracks for soldiers in basic training. In
place of this common-sense policy, Congress passed a
provision to require permanent barriers between men and
women in their barracks to replace the current, flimsy
moveable cardboard "walls" used at present.
Puerto Rico Statehood Avoided
The bill that would put Puerto Rico on the track to
statehood did not pass the Senate (even though it passed
the House). Instead the Senate passed a vague non-binding resolution that affirmed Puerto Rico's ability to
express its views on statehood. Since the pro-statehood
forces spent money so lavishly in 1998 on lobbying and
advertising, expect a big push for this bad idea next
year. (See Phyllis Schlafly's column, October 22, 1997.)
Treaties that Imperil American Sovereignty
The Global Warming Treaty, agreed to by Vice
President Al Gore in Kyoto, Japan in December 1997,
and signed in New York City on November 13, 1998,
would require us to reduce our energy consumption by
7 percent below our 1990 levels, which would mean a
tremendous reduction in our standard of living. Thanks
to the brilliant preemptive work of Senator Chuck Hagel
(R-NE), the Senate has indicated that it will not ratify
this treaty. Nevertheless, Clinton has been trying to
implement it anyway through federal regulations. The
Omnibus-spending bill contains a provision to prohibit
Clinton from doing this. (See the Phyllis Schlafly Reports,
September and October 1997 and January 1998.)
Unfortunately, Clinton persuaded the Republican
Senate to ratify the Chemical Weapons Convention.
This treaty purports to ban chemical weapons, but the
dangerous countries most likely to use chemical weapons (Libya, Syria, Iraq, North Korea, and Iran) either
won't sign the treaty or have indicated they will not be
bound by it. (See the Phyllis Schlafly Report, January 1997.)
Unfortunately, Clinton also persuaded the Republican Senate to ratify the NATO Expansion Treaty,
despite a brilliant exposé of its folly by Senator John
Ashcroft (R-MO). The NATO Expansion Treaty is the
way Clinton and his "global nation" advisers (such as
Strobe Talbott) plan to institutionalize the interventionist
policy of involving us in one "Bosnia" after another.
(See the Phyllis Schlafly Report, April 1998.)
The Omnibus-spending bill killed the unpopular
Arms Control & Disarmament Agency, which has been
promoting unilateral disarmament for many years. Sen.
Jesse Helms (R-NC) deserves the credit for ridding us of
this nuisance.
Arts Agency Gets Its Funding
It's hard to believe, but the National Endowment for
the Arts was continued at the same level of funding as
last year: $98 million. Senator John Ashcroft (R-MO)
made a valiant attempt to cut off funding, but the Senate
tabled his amendment 76-22.
Parents' Rights to Know
In a stunning upset, the House passed an amendment
to require parental notice before minors receive federally
funded contraception. On October 8 by a 224-200 vote,
the House approved an amendment to the
Labor/HHS/Education Appropriations bill to require
prior written notice to a parent or guardian before a
minor is given access to contraceptive drugs or devices
from the federal Title X program. (Congressmen did not
want a repetition of the suburban Chicago case where a
male teacher in his thirties took a 14-year-old girl to a
federal funded clinic and had her given contraceptive
shots so he could continue his illicit affair.) This provision was dropped from the Omnibus-spending bill
because of strenuous White House opposition.
Efforts to Control Encryption Stalled
Vice President Al Gore, Attorney General Janet
Reno, and FBI Director Louis Freeh are persistent
advocates of a system that would let the government
have access to all our private files and messages at any
time and without our knowledge. Encryption is the
technique that can put our e-mail messages, our computer files, and our cell phone conversations in code so
that they can be read or heard only by those to whom we
give the key to decode them. Gore, Reno and Freeh
want to force us to deposit the key to our files and
communications with a "third party," from whom the
government can demand access any time it chooses.
This is called "key recovery" or "key escrow." Congress
did not pass this, but the problem will surely surface
again next year.
Congress Expands the Imperial Judiciary
One of the most important duties of Congress is to
protect America from judicial usurpation and to restore
our constitutional balance of powers among the three
branches of government. (See the Phyllis Schlafly Reports,
February and March 1997)
Unfortunately, the 105th Congress failed to address
this vital issue. Instead of curtailing federal court
jurisdiction, Congress greatly extended it by creating
many more federal crimes. Congress failed to use its
investigative powers to educate the American public
about how activist judges have imposed their own social
views on all of us.
Instead of using its constitutional authority to reject
Clinton's nominations of judges, the Senate rubber-stamped his appointments, many of them without a roll-call vote. On the last day of the session, the Senate
confirmed many Clinton nominations, including 17
federal judges, without a roll call and without even
identifying the new life-tenured judges by name.
Case Study in How a Bill Passed the 105th Congress
Do you sometimes wonder why bills that create a
financial windfall to narrow special interests slide easily
through the intricate legislative process, while bills that
benefit the general public seem to get bogged down?
Here is a case lesson in how this happens: Congressional passage of the Copyright Term Extension Act, a bill
to extend copyright protection for authors and songwriters for an additional 20 years beyond current law.
The chief special interest promoting this bill was the
Walt Disney Company because its copyright on Mickey
Mouse was scheduled to expire in 2003, on Pluto in
2005, on Goofy in 2007, and on Donald Duck in 2009.
Extending the copyright for 20 additional years is worth
billions of dollars to the Disney Company.
As an author, of course I am very much in favor of
copyright protection. But I also know that this precious
constitutional right, enshrined in Article I, is a property
right that extends only, in the Constitution's words, "for
limited times," after which the writing goes into the
public domain for all to enjoy.
The framers of our Constitution set the "limited
time" at 14 years plus one 14-year renewal. Congress
has repeatedly extended the "limited time" until, at the
start of this year, it ran for the life of the author or artist
plus 50 years, and 75 years for a corporation. "Limited
time" is not only a constitutional requirement, it is an
excellent rule. There is no good reason for the remote
descendants of James Madison, Julia Ward Howe, or
Thomas Nast to receive royalties on the Federalist
Papers, the Battle Hymn of the Republic, or Santa Claus.
The Disney company is now controlled by Michael Eisner,
who had nothing to do with creating the Disney characters or building the enterprise. Not satisfied with the
company's exclusive control for 75 years, Eisner set out
to extend it to 95 years.
The Copyright Term Extension Act was introduced
in 1997 by very key players: Senate Judiciary Committee Chairman Orrin Hatch (R-UT) and House Judiciary
Committee Intellectual Property Subcommittee Chairman Howard Coble (R-NC). The bill languished in the
two Judiciary committees for months.
The Disney Political Action Committee (PAC) lined
up Republican and Democratic cosponsors on the two
Judiciary Committees and rewarded them with direct
campaign contributions. Disney PAC cash contributions
totaled $95,805 to Democratic Members of Congress
and $53,807 to Republican Members, in addition to in-kind contributions.
Of the 12 sponsors of the Senate bill, nine received
contributions from Disney's PAC: Judiciary Committee
Chairman Orrin Hatch (R-UT) (who received the largest
contribution), Spencer Abraham (R-MI), Al D'Amato
(R-NY), Mike DeWine (R-OH), Connie Mack (R-FL),
and Robert Torricelli (D-NJ). The Disney PAC was
particularly generous to Senate Minority Leader Tom
Daschle (D-SD), and ranking Judiciary Democrat
Patrick Leahy (D-VT) received $17,650 in personal
contributions from Michael Eisner and 23 other Disney
employees.
Eisner took his lobbying directly to Senate Majority
Leader Trent Lott (R-MS). One week after they met, the
Disney PAC gave $1000 to Lott on the same day that he
signed on as a co-sponsor.
Of the 13 sponsors of the House bill, ten received
contributions from Disney's PAC: Subcommittee
Chairman Howard Coble (R-NC) (who received the
largest donation), Howard Berman (D-CA), Sonny Bono
(R-CA), Charles Canady (R-FL), Chris Cannon (R-UT),
John Conyers (D-MI), William Delahunt (D-MA), Elton
Gallegly (R-CA), Bob Goodlatte (R-VA), and Bill
McCollum (R-FL). The Disney PAC also contributed to
Judiciary Committee Chairman Henry Hyde (R-IL).
Other special interests that stood to reap financial
profits from this bill opened up their checkbooks, too.
The Motion Picture Association PAC gave $43,232 to
Republican and $34,000 to Democratic Members of
Congress, benefiting most of the same Judiciary Committee members and copyright bill sponsors listed above,
plus other sponsors Rick Boucher (D-VA) and Zoe
Lofgren (D-CA).
Just as interesting as the money trail is the way the
Republican and Democratic members of the two Judiciary Committees worked together to facilitate passage
of this bill without hearings, debate, or notice to the
public. The only hearing was held back in 1995 during
the previous Congress, when it had been carefully
managed to hear from those who stood to benefit financially.
If the bill ever had to face a floor debate, the
"debate" would have been a sham because access to the
floor was controlled in both Houses by ranking Republican and Democratic Judiciary Committee members, all
of whom supported the bill. But the sponsors were
skillful enough to avoid even a modicum of public
debate.
On a single day, October 7, the Senate Judiciary
Committee discharged the bill by unanimous consent,
the full Senate passed the bill by unanimous consent
(without a roll call), and the House passed the bill by
voice vote under suspension of the rules. Clinton signed
it on October 27 as Public Law 105-298.
The new book Disney: The Mouse Betrayed by
Peter & Rochelle Schweizer proves conclusively that
Eisner's Disney Company is the enemy of all the family
values which Republicans cherish. So, why did Judiciary Committee Republicans quietly put through
legislation that hurts the public interest but is so immensely profitable to Disney?
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