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

Vol. 143 WASHINGTON, WEDNESDAY, JULY 16, 1997 No. 101 House of Representatives The House met at 11 a.m. and was THE JOURNAL Father Joe Clark is the grandson of the called to order by the Speaker pro tem- The SPEAKER pro tempore. The campaign manager and the speech pore [Mr. LAHOOD]. Chair has examined the Journal of the writer for James Michael Curley, the f last day’s proceedings and announces former mayor of Boston. But I am sure to the House his approval thereof. that Father Clark is making amends DESIGNATION OF THE SPEAKER Pursuant to clause 1, rule I, the Jour- for that by serving his parish very well. PRO TEMPORE nal stands approved. Actually, I only say that in jest. I know his grandfather would be very The SPEAKER pro tempore laid be- f fore the House the following commu- proud of him today as he is rightfully nication from the Speaker: PLEDGE OF ALLEGIANCE proud of his grandfather. And every Irishman should be proud of all that WASHINGTON, DC, The SPEAKER pro tempore. Will the Mayor Curley did for the Boston Irish. July 16, 1997. gentleman from Nevada [Mr. GIBBONS] Father Clark is a modest man of the I hereby designate the Honorable RAY come forward and lead the House in the LAHOOD to act as Speaker pro tempore on cloth, but I would like to address a few Pledge of Allegiance. this day. remarks about someone who is neither, Mr. GIBBONS led the Pledge of Alle- NEWT GINGRICH, but is in the audience today, Mr. Pat- giance as follows: Speaker of the House of Representatives. rick Troy, who is a guest with Father f I pledge allegiance to the Flag of the Clark. Pat Troy deserves to be recog- United States of America, and to the Repub- nized today. PRAYER lic for which it stands, one nation under God, indivisible, with liberty and justice for all. For the last 35 years he has done a The Reverend Joe Clark, pastor, Holy great deal for this country, particu- Spirit Catholic Church, Annandale, f larly for the Irish-American commu- VA, offered the following prayer: MESSAGE FROM THE PRESIDENT nity, and on the 150th anniversary of In the name of the Father, the Son, the great potato famine that brought A message in writing from the Presi- and the Holy Spirit. so many Irish into the United States, dent of the United States was commu- Heavenly Father, grant us in your Mr. Troy should be recognized as one of nicated to the House by Mr. Edwin merciful providence, right judgment in the most effective representatives of Thomas, one of his secretaries. all things. the Irish-Americans in this country. Help us to grow in virtue: to see as f Twenty-five years ago he started his You see, to love as You love, to rule as ANNOUNCEMENT BY THE SPEAKER own radio show in the Washington met- You rule. PRO TEMPORE ropolitan area, and broadcasts the Impart to us Your holy and perfect glory and beauty of Irish music to ev- wisdom that our laws may reflect Your The SPEAKER pro tempore. The eryone, particularly Irish-Americans, loving plan. Chair will entertain fifteen 1-minutes and keeps people posted on Irish-Amer- Teach us to be generous servants of on each side. ican cultural developments. Fifteen Your truth, knowing that it is in giv- f years ago he started a restaurant ing that we receive. called Ireland’s Own, and the annual Perfect us in a freedom ordered to WELCOME TO THE REVEREND JOE St. Patrick’s Day parade in Alexandria, truth, confirm us in justice which leads CLARK VA. to peace. (Mr. MORAN of Virginia asked and Pat Troy is an indispensable member Bestow upon us the virtue of courage: was given permission to address the of the Washington metropolitan area’s To fight the good fight and to finish House for 1 minute and to revise and community. For many, many years he the race. extend his remarks.) has been absolutely dedicated to the Teach us to serve the common good Mr. MORAN of Virginia. Mr. Speak- pursuit of peace in Northern Ireland with loving generosity. er, while Father Clark’s church is actu- and to the Project Children Program, Most Holy God: Father, Son, and ally in the district of the gentleman which brings Irish and Protestant chil- Holy Spirit, counsel us to greater rev- from Virginia [Mr. DAVIS], it is I who dren alike over to the United States. erence for all life from its natural be- will introduce him. They live together, they work to- ginning to its natural end. Father Clark is the pastor of Holy gether, they get to know and appre- O Most Holy God, have mercy on us Spirit Catholic Church in Annandale, ciate each other. They are doing a tre- all and forgive us our sins. Amen. VA. It may be of some interest that mendous amount of good in terms of

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.

H5303 H5304 CONGRESSIONAL RECORD — HOUSE July 16, 1997 finding reconciliation in Northern Ire- minishing worker protections under lion of the taxpayers’ money. Do not land. OSHA, the National Labor Relations run home and try to tell them you are He is also the founder of the John F. Act, and the Davis-Bacon Act; mind balancing the budget. The Speaker’s Kennedy Division of the Ancient Order you, all at taxpayers’ expense. make-a-wish funds are funded by the of Hibernians in the Washington area, f taxpayers. It is a rip-off. so I do want to recognize Pat Troy for f all that he has done for our community THE EFFECTS OF THE WASHING- CLASS WARFARE BY DEMOCRATS, and for this country. TON BUREAUCRACY’S IMPUTED INCOME WITH IMPUTED INCOME SCHEME f (Mr. TIAHRT asked and was given RAISING MIDDLE-CLASS AMERI- INFORMING COLLEAGUES OF THE permission to address the House for 1 CANS’ TAXES NEWLY-FORMED MINING CAUCUS minute and to revise and extend his re- (Mr. GUTKNECHT asked and was (Mr. GIBBONS asked and was given marks.) given permission to address the House permission to address the House for 1 Mr. TIAHRT. Mr. Speaker, I have for 1 minute and to revise and extend minute and to revise and extend his re- gotten a few calls over the past weeks his remarks.) marks.) about the Treasury Department’s use Mr. GUTKNECHT. Mr. Speaker, let Mr. GIBBONS. Mr. Speaker, today I of imputed income. Imputed income us talk about class warfare. According rise to inform my colleagues about the means if you own your own home, you to the Census Bureau, the median fam- newly formed Mining Caucus, of which could move out and rent it to another ily income in the United States today I proudly serve as the cochair with my family, and therefore you could be for a family of four is $47,000 a year. friend and colleague, the gentlewoman making some more money, and it Let me be clear, that is $47,000 Amer- from Wyoming [Mrs. CUBIN]. The pur- should be taxed. ican dollars, not Euro-dollars, not im- pose of the Mining Caucus will be to There are a lot of taxpayers that are puted dollars, not even bus tokens. We educate Members on how the wealth of feeling a little bit insulted by this con- are talking about real money here. this Nation is produced by the mining cept that has been developed by a Let us imagine such a family. Let us industry, which improves the lives and bunch of out-of-touch bureaucrats here give them names, Al and Betty Jones, livelihoods of citizens of their districts, in Washington, DC, who think that with a son in eighth grade and a daugh- and how in turn it is used to sustain people can count income that is not ter going to college this fall. Under our the economic growth and job creation really income. Maybe the President tax relief plan, the Joneses would get of this great Nation. can rent his home out for a lot of to keep an extra $1,900 of their money. Nearly 300,000 Americans are em- money, but most people do not own or Using the imputed income scheme that the Democrats want to use, the Jones’ ployed directly by the mining industry. live in a home that they own free and income magically rises from $47,000 to Indirectly, mining accounts for about 3 clear. nearly $80,000. Congratulations, Al and million jobs, 397 out of 435 congres- Telling the average American fami- Betty, you are now rich. You no longer sional districts have a mining presence. lies that their incomes are actually qualify for family tax relief under the This industry plays a hugely important $30,000 or more higher than they think Democrats’ own plan. role in our national economy. I urge is truly bizarre. Telling middle-class Worse yet, if we carry this bizarre my colleagues to join the Congres- families that they are actually rich arithmetic to its imputed conclusion, sional Mining Caucus. As a reminder, I and therefore do not need some tax re- these rich Joneses would now owe al- would say that if it cannot be grown, it lief is just the latest outrage from the most $8,000 in new taxes. So instead of must be mined. bureaucracy in Washington, DC, that getting $1,900 in tax relief under our f does not live in the real world. Most plan, Al and Betty get a hefty tax hike. Americans know it is time for some tax REPUBLICAN CAMPAIGN TO AT- I guess that is just the Washington lib- relief here in America. TACK WORKING AMERICANS, eral way of keeping up with the LABOR UNIONS, AND THE DE- f Joneses. PARTMENT OF LABOR THE SPEAKER’S MAKE-A-WISH f (Mr. CLAY asked and was given per- SLUSH FUND IS FUNDED BY DEMOCRATS NOW AGREE THAT mission to address the House for 1 TAXPAYERS THROUGH JOHN HUANG, CHINA minute and to revise and extend his re- (Mr. GEJDENSON asked and was ATTEMPTED TO INFLUENCE marks.) given permission to address the House AMERICAN POLITICS Mr. CLAY. Mr. Speaker, I am ap- for 1 minute and to revise and extend (Mr. TRAFICANT asked and was palled that the Republican majority his remarks.) given permission to address the House has hijacked $1.4 million of public Mr. GEJDENSON. Mr. Speaker, I for 1 minute and to revise and extend funds to pursue a devious, fully orches- have an apology to make. When I saw his remarks.) trated campaign to attack working the $7.9 million the majority Repub- Mr. TRAFICANT. Mr. Speaker, Americans, labor unions, and the De- licans were going to put into a slush Democrats now agree with Repub- partment of Labor. The Republicans fund, they call it a slush fund, it is not licans: China tried to influence Amer- are going to spend $1.4 million of tax a slush fund. It turns out it is the tax- ican politics. No kidding, Sherlock. I money to intimidate labor leaders, har- payer-funded Speaker’s make-a-wish think Barney Fife could figure that ass the Department of Labor, and at- foundation. His first wish is, guess out. tempt to repeal labor laws that have what, class warfare, go after working Check this out. Hip Hing Holdings, a protected the rights of workers for over Americans. California company that only owns an a half a century. On this side of the aisle the majority abandoned parking lot in L.A. and who This plot was never discussed in a has initiated about $50 million of tax- lost $1 million, gave $67,000 to the Dem- public hearing of the Committee on payer investigations. What we have ocrat National Committee. Hip Hing Education and the Workforce, and it from it I cannot figure out, but I see got the money from Lippo Group. was approved by the House oversight where they are going. From the first Lippo Group has ties to China. The committee without any witnesses tes- day they took over 3 years ago, they money was gotten for Hip Hing from tifying to its need. Although the ma- started class warfare. They do it in the Lippo by John Huang. John Huang jority is trying to dress up their mis- tax bill. They do it in their investiga- worked for Lippo and also worked for sion statement, the real attempt is to tions. Hip Hing. John Huang later worked for pursue an extremist antiunion agenda. They have gone too far. Even Mem- the Commerce Department and later The Republicans are scheming to at- bers of the Republican side of the aisle worked for the Democrat National tack union members as payback for say this last grab of funds to go after Committee, but John Huang now says, labor union participation in the 1996 working people in America is just ‘‘What is the big deal? I also gave elections. This $1.4 million ill-advised wrong. It is going to come back to money to the March of Dimes and the use of taxpayer dollars is aimed at di- haunt them. They can spend $50 mil- Boy Scouts of America.’’ July 16, 1997 CONGRESSIONAL RECORD — HOUSE H5305 Beam me up, Mr. Speaker. John minute and to revise and extend his re- Mr. PAPPAS. Mr. Speaker, I would Huang was not hired to raise money for marks.) like to respond to those on the other the Boy Scouts; John Huang was hired Mr. ROGAN. Mr. Speaker, in re- side who would like to turn Medicare to raise money to help China. I yield sponse to the preceding speaker, the and Social Security into another wel- back the balance of all of this mess. gentleman from Georgia, I would sug- fare program. Are they seriously sug- f gest to him that there are very few gesting that the tax credit should people in this country earning $40,000 count against the payroll taxes that URGING MEMBERS TO DEFEAT to $50,000 a year who are employed as are paid by American workers? AMENDMENTS WHICH WOULD the rich on Wall Street. Yet that is ex- Mr. Speaker, I am not sure if the lib- ATTEMPT TO REWRITE THE actly how the Democrats in this House erals who are proposing this under- FARM BILL ON AGRICULTURE view people who earn that much stand the consequences of what they APPROPRIATIONS LEGISLATION money—rich. are proposing. They are proposing that (Mr. EWING asked and was given per- There are two competing philoso- the politicians in Washington, get this, mission to address the House for 1 phies between the major parties. Re- should create a brand new entitlement, minute and to revise and extend his re- publicans believe that individuals who the greatest something-for-nothing en- marks.) work for a living ought to be able to titlement of all time. Mr. EWING. Mr. Speaker, I come make the decisions on how to spend So instead of people paying their way here today because today or tomorrow their money. Democrats who con- during their working lives so that their we are going to be taking up the agri- trolled this House for 40 years believe retirement and health care needs will culture appropriations bill. There will that families do not have the compas- be met in old age, they should not have not be a rule on this bill, and the rea- sion or the wisdom to make those to pay into the system at all. Let us son there is not a rule is because the spending decisions, and that we should recap. Pay nothing but collect hun- appropriators and the authorizers are send more of their money back to dreds of thousands in benefits from a together. We know what is good for ag- Washington so bureaucrats can make system that everyone else has to sup- riculture. those spending decisions. That is their port. But there are those in this body who legacy to America during the 40 years Payroll taxes are not income taxes, want to rewrite the farm bill on the ag- they controlled this Chamber. Mr. Speaker. Payroll taxes are for So- riculture appropriations bill, and at In each Congress that the Repub- cial Security and Medicare. Let us not the expense of American farm families. licans have controlled this Chamber turn Social Security and Medicare into In the name of cutting Government, since we took control in 1995, we have a massive welfare program that sticks cutting expenses, when the farm bill cut taxes for American families. That it yet again to the middle class. passed no-cost programs to the Govern- is our legacy to America. It is a legacy ment, they want to change those no- that continues with our present tax cut f cost programs. That is substantive leg- proposal. CAMPAIGN TO INTIMIDATE LABOR islation on an appropriation bill. f (Ms. SANCHEZ asked and was given Agriculture groups and Members of permission to address the House for 1 this body who have agricultural inter- INVESTIGATION OF LABOR UNIONS ests in their districts have come to- (Mrs. MINK of Hawaii asked and was minute and to revise and extend her re- gether to support America’s farming given permission to address the House marks.) men and women. I hope we will deny for 1 minute and to revise and extend Ms. SANCHEZ. Mr. Speaker, last those Members their success on those her remarks.) week the Republican leadership en- amendments. Mrs. MINK of Hawaii. Mr. Speaker, gaged in a back room deal to spend $1.4 million in taxpayer funds to inves- f in January of this year I became the ranking member of the House Commit- tigate labor unions. This funding came b 1115 tee on Education and the Workforce from the $7.9 million emergency slush REPUBLICAN TAX BILL Subcommittee on Oversight and Inves- fund which we can now see was set aside by Republicans to finance purely (Mr. LEWIS of Georgia asked and was tigations. I had the promise of the chair of that committee that we would partisan projects. given permission to address the House This abuse of taxpayer funding is in- for 1 minute and to revise and extend work together closely, that we would coordinate the activities that the Re- tended to intimidate, to coerce and to his remarks.) harass political opponents, Americans Mr. LEWIS of Georgia. Mr. Speaker, publican majority wanted to pursue. who just do not happen to share the it is time for Republicans to come And thus far, I have gone along. I same views as the Republican leader- clean about their tax bill. Republicans have cooperated. I have allowed the Re- want a tax cut for people working on publican majority to follow whatever ship. It will be used to punish working Wall Street, not people living on Main agenda of investigation they wanted to men and working women who depend Street. pursue. It was basically a crossroads on employment protection provided by Let us take an example. Al works 40 investigation to see whether money in labor representation. hours a work at the factory. Al works education and labor were being wisely A recent Washington Post poll said hard and supports his wife and two spent on the idea of what works and that most Americans believe politi- children on his $25,000 salary. He pays what does not work. cians in Washington waste too much thousands of dollars in taxes. What Suddenly a week ago we are told that time and money in trying to dig up dirt does Al get from the Republican tax the Committee on House Oversight of on their opponents. It is no wonder the bill? Nothing. Zero. Zip. the whole House of Representatives has Republican Congress is better known Democrats want to give Al and mil- authorized my committee $1.4 million as the witch-hunt Congress. lions of other working families a tax for an investigation that has never f been raised in my subcommittee. We cut. These are the people Democrats SUPPORT H.R. 1333, THE WORKING have never spent 1 minute on it. I am want to help. What do the Republicans AMERICANS WAGE RESTORATION not against investigations. If there is say about Al? They say Al is on wel- ACT fare. corruption, let us go after it. If there is Billions of dollars in tax breaks for abuse of power, let us go after it. But (Mr. NETHERCUTT asked and was millionaires. Nothing for Al. Nothing let us not waste taxpayers’ money for given permission to address the House for millions of hard-working American sheer partisan political purposes. for 1 minute and to revise and extend families. That is the Republican plan. f his remarks.) f Mr. NETHERCUTT. Mr. Speaker, I STICKING IT TO THE MIDDLE rise today to issue a challenge to all LIBERAL CLASS WARFARE CLASS Members on the other side of the aisle CONTINUES (Mr. PAPPAS asked and was given who wish to target tax relief to middle- (Mr. ROGAN asked and was given permission to address the House for 1 income Americans. We have heard a lot permission to address the House for 1 minute.) about that this morning and in the H5306 CONGRESSIONAL RECORD — HOUSE July 16, 1997 past few weeks. You may be surprised lions over and above our regular for- individual choice is preferable to col- to learn that 72 percent of working eign aid in Bosnia, Haiti, Rwanda, So- lective choice. Said another way, I American families pay more in total malia, and other places where there think I know what is best for me and Social Security payroll taxes than they was absolutely no threat to United my family better than the government pay in income tax. States security. does. It means that I can spend my So I commend to my colleagues a bill If you oppose NATO expansion you money better than the government that I have sponsored called the Work- are called names like ‘‘isolationist,’’ thinks they can spend my money. ing Americans Wage Restoration Act, but name-calling is simply a way to Another principle stems from this H.R. 1333. This bill would allow work- avoid the merits or lack thereof. Let us principle: To override individual choice ers earning less than $65,400 to deduct be friends with every nation, but this requires a compelling reason. their portion of Social Security payroll does not mean we should have to pay So the first step to reform Medicare tax from their Federal income taxes. the bills for every nation. With a $5.5 is to apply those principles to the sys- This would eliminate the current dou- trillion debt, we simply cannot afford tem. That is why the first reform is to ble taxation of the Social Security tax to do this. allow seniors more choices in their and put workers on the same level as As columnist Amos Perlmutter said Medicare and the option in one case to businesses which are allowed to deduct in yesterday’s Washington Times, the choose medical savings accounts or the payroll taxes as a business expense. debate on NATO expansion should MSAs. MSA is the best option for many According to the Joint Committee on ‘‘alert the American people to the fu- seniors, and they ought to have the op- Taxation, my bill would provide the av- tility, the dangers, and the high cost of portunity to choose that. I ask my col- erage two-income family with an addi- this experience designed to establish leagues to help pass this first test, es- tional $1,200. It covers all workers. So I the President as a great foreign policy sential Medicare reform. invite my friends on the other side of leader at the expense of the national f the aisle, Members who are so con- interest.’’ THE REPUBLICAN TAX PLAN cerned about middle income Ameri- f cans, get on this bill. H.R. 1333. (Mr. STUPAK asked and was given RESERVE FUND f permission to address the House for 1 (Mr. HOYER asked and was given minute and to revise and extend his re- THE REPUBLICAN TAX PLAN permission to address the House for 1 marks.) (Mr. DAVIS of Illinois asked and was minute and to revise and extend his re- Mr. STUPAK. Mr. Speaker, the Re- given permission to address the House marks.) publican majority has approved a tax for 1 minute.) Mr. HOYER. Mr. Speaker, if it oper- plan that ignores the facts and ignores Mr. DAVIS of Illinois. Mr. Speaker, ates like a slush fund and is adminis- the wishes of the American public. the American people are saying in a tered like a slush fund, then how When a U.S. Treasury report revealed clear voice, cut us in or cut it out. should we refer to the leadership re- that the Republican plan was light on That is exactly what the Republican serve? relief for working Americans and heavy tax plan does. It cuts out millions of Last week in an a total sham process, on tax breaks for the rich, the Repub- working people in favor of the rich. the Committee on House Oversight lican response was that the Treasury The Republican plan cuts out Ms. steamrolled through a $1.4 million allo- Department had somehow cooked the Smith who works all day long in a cation from the leadership’s $7.9 mil- books, and they marched on with their nursing home in Chicago, but cuts in lion slush fund to investigate organized plan. When Democrats and 15 million Mr. Jones, a millionaire. The Repub- labor’s political activities. The reserve taxpaying families were being cut out lican plan cuts in the 5 percent of the fund is supposed to be used under of the GOP tax plan, the Republican re- wealthiest people in this country while House rules in, and I quote, ‘‘extraor- sponse was to redefine these families as significantly cutting out the other 95 dinary, emergency, or high priority cir- welfare families, and they marched on percent. cumstances.’’ with their plan. I say Ms. Smith deserves a break. The Committee on House Oversight House Republicans are marching by Under the Democratic plan Ms. Smith decided not to fund this request in themselves. A recent Wall Street Jour- would get that break, along with 91 March. What has happened? I ask my nal/NBC News poll shows more Ameri- million other low- and middle-income friends, what is the emergency? For cans agree with the Democrats than families. whom is this investigation a high pri- the Republicans on the budget and tax The Republican plan cuts out chil- ority? Is this strictly a research en- negotiations. This finding was sup- dren, college students and workers who deavor, as the majority says? Why then ported by a recent Washington Post/ earn less than $250,000 a year. Under a communications director for $70,000 ABC News poll. the Democratic plan, these groups are and a media assistant for $25,000 and Mr. Speaker, it is clear that the only cut in. The Republican plan can be four additional attorneys for the com- thing being cooked are the tax plans, summed up in four words: Show me the mittee? the GOP tax plans that hurt working money. Those who have it get cut in; I do not have all the answers but I Americans and tell untruths about those who do not are cut out. will ask one more question: If it walks hard working American families. Tax f like a witch hunt and talks like a plans that hurt American families witch hunt? shall be rejected by Democrats and NATO EXPANSION f America. (Mr. DUNCAN asked and was given f permission to address the House for 1 MEDICARE minute.) (Mr. DAVIS of Virginia asked and ANNOUNCEMENT OF ELECTION Mr. DUNCAN. Mr. Speaker, the Con- was given permission to address the RESULTS gressional Budget Office has estimated House for 1 minute and to revise and (Mr. BOEHNER asked and was given that NATO expansion is going to cost extend his remarks.) permission to address the House for 1 U.S. taxpayers at least $4.7 billion. Mr. DAVIS of Virginia. Mr. Speaker, minute.) Some estimates are much higher, with we have heard other speakers try to ex- Mr. BOEHNER. Mr. Speaker, as many analysts suggesting that $15 to plain in simple terms exactly why Med- chairman of the Republican Conference $20 billion over the next few years is icare is going bankrupt. Today I would it is my pleasure to announce that we more accurate. And these estimates like to take the next step: Explain have two new members of our Repub- were made before it was announced a what can be done about it. lican leadership team. few days ago that France is not going First I would like to start with a fun- At a conference of Republican Mem- to pay its share of expansion costs. damental principle, a principle that re- bers this morning, we elected a new All of this really to obligate us to flects my values and the importance vice chairman of the Republican Con- more Bosnia-type situations in the fu- that I would attach to freedom. That ference, the gentlewoman from Wash- ture. Already we have spent many bil- principle is: Other things being equal, ington, Ms. JENNIFER DUNN. And we July 16, 1997 CONGRESSIONAL RECORD — HOUSE H5307 elected the gentlewoman from Ohio, signing to all taxpayers, lumping hon- unsupported by common sense, uncon- Ms. DEBORAH PRYCE as secretary to the est Americans who play by the rules scionable, unsubstantiated, brilliantly Republican Conference. with tax cheats. calculated to distort the truth about We have a unified Republican effort Try to explain the Wall Street paper the Republican tax plan and, alas, oh here with these new elections to bring profits that the Treasury Department so typical of this administration. about what the American people are is using to score the plan, whether or In short, the Treasury Department’s expecting of us: to balance the Federal not we realize a capital gain or wheth- use of family economic income is a budget for the first time in 27 years, to er or not we even have any stock at all. fraud. reduce taxes for middle income Amer- Try to defend the scoring that as- Mr. Speaker, what I am hearing from ican families, and to solve the impend- sumes that all the changes are put in the other side this morning about tax ing crisis with Medicare. effect immediately, even if they know cuts for the wealthy is an insult to the It is my pleasure today to bring this full well that many of them are phased middle class constituents that I rep- news to the House. I look forward to in over many years. resent. working with Members on both sides of What are we trying to do to the Can we just imagine my going back the aisle to do what the American peo- American taxpayers? to my district and scornfully attacking ple sent us here to do, and that is their f middle class families as ‘‘the rich,’’ as agenda. somehow morally deficient for think- REPUBLICAN TAX PLAN FAVORS ing they know better how to spend f THE RICH their own money than the politicians b 1130 (Mr. PALLONE asked and was given in Washington? TAX FAIRNESS FOR WORKING permission to address the House for 1 I have gotten used to listening to the FAMILIES minute and to revise and extend his re- complete incapacity to understand ele- marks.) ´ mentary economics on the other side, (Ms. VELAZQUEZ asked and was Mr. PALLONE. Mr. Speaker, Demo- but today marks a new low. given permission to address the House crats have been saying for some time A portrait of George Washington for 1 minute and to revise and extend that the Republican tax plan favors the hangs behind us. I wonder what he her remarks.) rich at the expense of working Ameri- would think about family economic in- ´ 1 Ms. VELAZQUEZ. Mr. Speaker, 2 ⁄2 cans. Republicans have tried over and come. years ago the Republicans stood on the over again to deny the truth, but the f steps of the Capitol and signed the Con- media and the American people are tract With America. Item 5 of the con- catching on. REPUBLICANS DECISION TO IN- tract was not a bad idea. It called for a I want to make reference to sections VESTIGATE LABOR DEPART- $500-per-child tax credit and promised in an editorial in today’s Washington MENT IS ABUSE OF SLUSH FUND to provide middle class tax relief. I Post entitled ‘‘Tax Trash.’’ It says the MONEYS must ask my Republican colleagues Republicans have written a tax bill (Ms. KILPATRICK asked and was why they broke their promise to work- tilted heavily toward the better off. given permission to address the House ing families. The Democrats, led by the President, for 1 minute and to revise and extend These families work hard, pay taxes, have rightly called them on it. her remarks.) and are entitled to tax relief. The Re- The Republicans, in turn, have adopt- Ms. KILPATRICK. Mr. Speaker, well, publicans not only made a promise to ed a new technique. Rather than argue, here we go again. Last week, in the them, they signed a contract. Now my as they may have done in the past, Committee on House Oversight, of colleagues across the aisle are trying about the virtues of the bill, they en- which I am a member, with less than a to say that item 5 of the Contract With gage in distortion. The people who 24-hour notice, which is an abuse of the America does not apply to everyone. wrote this bill are not defending its rules, I find out when I walk in that The American Dream Restoration Act, distributional consequences, they are the House Republicans had decided to as they call it, will remain just another denying them. spend $1.4 million to investigate the broken promise. The plain facts are that the bill, over Labor Department, America’s hard- The Democrats want to provide tax time, would not just mainly benefit the working men and women and how they relief to all working families. It is just better off but would cost the Govern- work for their companies. that simple. I challenge my Republican ment revenues it cannot afford. The There has been over $10 million spent colleagues to join us in this effort. bill is certainly written in such a way this year on investigations by Repub- f as to make the revenue loss look small licans. Unfortunately, these same lead- at first and then it soars. ers in our Congress have cut Medicaid, TREASURY DEPARTMENT USING It is not just the Treasury Depart- Medicare, nutrition services, and we DISHONEST ACCOUNTING ment that says so. The Congressional can go on and on. (Mr. SOLOMON asked and was given Research Service and the vast majority Mr. Speaker, I am a Member of this permission to address the House for 1 of other analysts are saying the same Congress because I want to work for minute and to revise and extend his re- thing. good jobs and opportunity for young marks.) Mr. Speaker, we should listen to the people. I want to stop the witch hunts. Mr. SOLOMON. Mr. Speaker, trying Washington Post because it says it all And when we can use an abusive slush to get the truth from the Clinton ad- about what the other side is doing. fund, set aside for just that, to inves- ministration about who benefits from f tigate, to the tune just this Congress in the tax cut package is about as elusive this 6 months $10 million, I think the TREASURY DEPARTMENT’S USE as getting truth from John Huang people ought to be outraged. OF FAMILY ECONOMIC INCOME about fund-raising illegalities in the Let us get to the work of the people. IS A FRAUD last election. In both cases we would f have to dig a hole from here to China (Mrs. KELLY asked and was given before seeing any daylight. permission to address the House for 1 CONGRESS SHOULD WORK TO- The numbers being cited from the minute and to revise and extend her re- GETHER TO HELP WORKING other side about tax cuts for the marks.) FAMILIES MAKE ENDS MEET wealthy are hogwash. They are phony Mrs. KELLY. Mr. Speaker, the Treas- (Mr. BLUNT asked and was given and dishonest. ury Department’s use of family eco- permission to address the House for 1 Try to explain imputed rental income nomic income is bizarre, unusual, ill- minute and to revise and extend his re- to my constituents, I ask my liberal conceived, unconventional, unortho- marks.) friends on the other side of the aisle. dox, irregular, deceptive, misleading, Mr. BLUNT. Mr. Speaker, we are Try to explain about their share of un- dishonest, aberrant, divorced from re- here today as part of an effort to really reported and underreported income ality, fanciful, factually challenged, help working families. We need to work that the Treasury Department is as- preposterous, outrageous, inaccurate, together. There are people on both H5308 CONGRESSIONAL RECORD — HOUSE July 16, 1997 sides of the aisle that want to help for 1 minute and to revise and extend TREASURY DEPARTMENT NOT working families. Let us not get con- his remarks.) BEING STRAIGHT WITH AMER- fused by the calculations that are Mr. RADANOVICH. Mr. Speaker, if ICAN PEOPLE being used to determine whether people we had a rich uncle and we were barely (Mr. CAMP asked and was given per- are rich or not. making ends meet, would we be giving mission to address the House for 1 We know whether people work or not, him more of our paycheck every 2 minute and to revise and extend his re- we know whether they pay taxes or weeks? I think that is what we are marks.) not. Americans would be amazed to doing. We are giving Uncle Sam more Mr. CAMP. Mr. Speaker, the Treas- find out that the calculations that are and more of our hard-earned money ury Department is not being straight being used to determine their wealth every year. Is it not time the rich with the American people. The Treas- include the rental value of their home. uncle started letting us keep a little ury Department is using misleading, If they own their home or are making more? bogus information about the bipartisan payments on their home, the payment Republicans in Congress think so. We tax relief package. on their home is less than their home have a tax relief plan that gives tax- For example, they use something would rent for. Suddenly, they get a payers a break at every stage of life. It called family economic income. Now, big rental value added to their income. helps middle-class families who have people are probably wondering what is Those things that their employer may been hit hardest by expanding govern- family economic income? That is the have given them as benefits are added ment these past 40 years. It helps mid- imputed rental value of a home, even to their income. dle-class families save for college by though one does not plan to rent it; in- More than half of the family incomes providing tax incentives for kids to go side buildup on a pension or benefits of teachers, of construction workers, of to college. It lowers the tax on savings one may receive at work. mechanics would be classified as rich if and investment, which means a strong- That is a definition of income that we calculate family income the way er economy and more jobs. And it re- was dropped by the Joint Tax Commit- the White House wants to. We cannot duces the death tax, which means that tee, which is a bipartisan committee, do that. fewer families will have to sell the Democrat and Republican, House and Let us be fair, let us work with each family farm or family businesses when Senate, and they dropped that defini- other, let us help working families the owner dies. tion of income when the Democrats make ends meet. Uncle Sam can get by with a little were in control of the Congress. f less. Let us support the Republican tax I think those who are calling family package that provides tax relief to LABOR DEPARTMENT INVESTIGA- economic income the correct definition middle-class families at every stage of TION IS POLITICAL WITCH-HUNT will have a hard time explaining to the life. (Mr. KIND asked and was given per- schoolteachers, truck drivers, wait- mission to address the House for 1 f resses, factory workers, farmers, and minute and to revise and extend his re- nurses in my district that they are INDEPENDENT CONTRACTOR PRO- marks.) rich. VISION IN TAX BILL WILL HURT Mr. KIND. Mr. Speaker, as a new According to the Treasury Depart- MIDDLE-INCOME WORKERS member of the Subcommittee on Over- ment’s absurd calculation, family eco- sight and Investigations of the Com- (Ms. SLAUGHTER asked and was nomic income would take someone mittee on Education and the given permission to address the House earning $45,000 a year and, for purposes Workforce, I was surprised to learn last for 1 minute and to revise and extend of that calculation, say they earned week that the Speaker had just award- her remarks.) $75,000 a year. I guess anything to deny middle-class tax relief. ed the subcommittee $11⁄2 million out of Ms. SLAUGHTER. Mr. Speaker, a political slush fund to conduct an there is a real snake in the woodpile in f emergency investigation on labor this tax bill that nobody is talking REPUBLICAN TAX RELIEF—TAKE unions and working men and women about. There is a little provision in A TURN ON THE WEB around the country. First of all, when there that says an employer can de- we are trying to balance the budget, clare an employee an independent con- (Ms. DELAURO asked and was given where are we coming up with an addi- tractor. That $500 tax credit per child permission to address the House for 1 tional $1.5 million for a political witch- will not mean a heck of a lot to a tax- minute and to revise and extend her re- hunt that will send us on a fishing ex- payer if suddenly they find out they marks.) pedition all over the country. Just an- are responsible for all their own health Ms. DeLAURO. Mr. Speaker, yester- other investigation. insurance, paying their own FICA, and day Speaker GINGRICH stood in the well Here is a novel idea, if the Commit- paying their payroll tax. of this House and he invited the Amer- tee on Education and the Workforce This is something that will also cost ican people to visit the House Repub- has an additional $1.5 million, why do the American taxpayer an estimated lican web site, calculate their esti- we not spend it on education and work- $2.2 billion over the next 10 years. Let mated tax savings under the Repub- er training such as the TRIO Program. me quote Secretary of the Treasury, lican plan. That is a program that goes to low-in- Robert Rubin, and what he has to say So I thought, let us see how an aver- come students to prepare them for about this one provision. age working tax-paying mom with two higher education learning. ‘‘The provisions for independent con- kids would fare under the Republican In fact, the two largest universities tractor status would permit employers plan. Let me just say I received an in my district in western Wisconsin, to avoid essential worker protections.’’ error message saying they could not Eau Claire and La Crosse, service Think about this, constituents. I want calculate her savings. Perhaps that is roughly 2,000 low-income students in everyone to know about this one. At a because this family would get a big fat the TRIO Program. Another $11⁄2 mil- time when we are trying to expand zero. No tax break at all under the Re- lion will double that amount. health and pension coverage, this pro- publican plan. I think we should use our taxpayer posal could lead to widespread shifting Then I entered in the data for some- dollars wisely instead of going on an- of employees to independent contrac- one making $1 million a year, half of other fishing expedition conducting an tor status. that in capital gains. The Republican unlimited investigation on unwar- No longer an employee, but on their calculator had no problem figuring out ranted charges. own. They would take away the protec- their tax break: $40,000. f tions such as pension and health cov- That is true. A millionaire gets erage and, consequently, wage and $40,000 back and a working taxpaying UNCLE SAM CAN GET BY ON LESS hour protections, unemployment insur- mother in this country gets zero. FROM MIDDLE CLASS FAMILIES ance benefits, and compensation for The Washington Post editorial this (Mr. RADANOVICH asked and was work related injuries. Wake up Amer- morning hit it right on the nose. ‘‘The given permission to address the House ica, it is coming. Republicans have written a tax bill July 16, 1997 CONGRESSIONAL RECORD — HOUSE H5309 tilted heavily toward the better off.’’ The Clerk read the title of the bill. CONSTRUCTION, MAJOR PROJECTS They target this as ‘‘tax trash’’. If any- The CHAIRMAN. When the Commit- For constructing, altering, extending and thing, this was an understatement. Ev- tee of the Whole rose on Tuesday, July improving any of the facilities under the ju- eryone should take a turn on the web 15, 1997, the amendment by the gen- risdiction or for the use of the Department of and see for themselves. tleman from Kansas [Mr. TIAHRT] had Veterans Affairs, or for any of the purposes been disposed of and the bill had been set forth in sections 316, 2404, 2406, 8102, 8103, f 8106, 8108, 8109, 8110, and 8122 of title 38, Unit- read through page 8, line 8. EXTENDING AGREEMENT BE- ed States Code, including planning, architec- The Clerk will read. tural and engineering services, maintenance TWEEN GOVERNMENT OF UNIT- The Clerk read as follows: ED STATES AND GOVERNMENT or guarantee period services costs associated MEDICIAL ADMINISTRATION AND with equipment guarantees provided under OF PEOPLE’S REPUBLIC OF MISCELLANEOUS OPERATING EXPENSES the project, services of claims analysts, off- CHINA CONCERNING FISHERIES For necessary expenses in the administra- site utility and storm drainage system con- OFF COASTS OF THE UNITED tion of the medical, hospital, nursing home, struction costs, and site acquisition, where STATES—MESSAGE FROM THE domiciliary, construction, supply, and re- the estimated cost of a project is $4,000,000 or PRESIDENT OF THE UNITED search activities, as authorized by law; ad- more or where funds for a project were made STATES (H. DOC. 105–106) ministrative expenses in support of planning, available in a previous major project appro- design, project management, architectural, priation, $155,600,000, to remain available The SPEAKER pro tempore (Mr. engineering, real property acquisition and until expended: Provided, That except for ad- LAHOOD) laid before the House the fol- disposition, construction and renovation of vance planning of projects funded through lowing message from the President of any facility under the jurisdiction or for the the advance planning fund and the design of the United States; which was read and, use of the Department of Veterans Affairs, projects funded through the design fund, together with the accompanying pa- including site acquisition; engineering and none of these funds shall be used for any pers, without objection, referred to the architectural activities not charged to project which has not been considered and Committee on Resources and ordered project cost; and research and development approved by the Congress in the budgetary process: Provided further, That funds provided to be printed: in building construction technology; $60,160,000, plus reimbursements. in this appropriation for fiscal year 1998, for To the Congress of the United States: GENERAL POST FUND, NATIONAL HOMES each approved project shall be obligated (1) In accordance with the Magnuson- by the awarding of a construction documents (INCLUDING TRANSFER OF FUNDS) Stevens Fishery Conservation and contract by September 30, 1998, and (2) by the Management Act of 1976 (16 U.S.C. 1801 For the cost of direct loans, $7,000, as au- awarding of a construction contract by Sep- thorized by Public Law 102–54, section 8, tember 30, 1999: Provided further, That the et seq.), I transmit herewith an Agree- which shall be transferred from the ‘‘General ment between the Government of the Secretary shall promptly report in writing post fund’’: Provided, That such costs, includ- to the Comptroller General and to the Com- United States of America and the Gov- ing the cost of modifying such loans, shall be mittees on Appropriations any approved ernment of the People’s Republic of as defined in section 502 of the Congressional major construction project in which obliga- China Extending the Agreement of Budget Act of 1974, as amended: Provided fur- tions are not incurred within the time limi- July 23, 1985, Concerning Fisheries Off ther, That these funds are available to sub- tations established above; and the Comptrol- the Coasts of the United States, with sidize gross obligations for the principal ler General shall review the report in accord- Annexes and Agreed Minutes, as amount of direct loans not to exceed $70,000. ance with the procedures established by sec- In addition, for administrative expenses to tion 1015 of the Impoundment Control Act of amended and extended. This Agree- carry out the direct loan programs, $54,000, ment, which was effected by an ex- 1974 (title X of Public Law 93–344): Provided which shall be transferred from the ‘‘General further, That no funds from any other ac- change of notes at Beijing on June 6 post fund’’, as authorized by Public Law 102– count except the ‘‘Parking revolving fund’’, and July 1, 1996, extends the 1985 Agree- 54, section 8. may be obligated for constructing, altering, ment to July 1, 1998. DEPARTMENTAL ADMINISTRATION extending, or improving a project which was In light of the importance of our fish- GENERAL OPERATING EXPENSES approved in the budget process and funded in eries relationship with the People’s Re- For necessary operating expenses of the this account until one year after substantial public of China, I urge that the Con- Department of Veterans Affairs, not other- completion and beneficial occupancy by the gress give favorable consideration to wise provided for, including uniforms or al- Department of Veterans Affairs of the this Agreement at an early date. lowances therefor; not to exceed $25,000 for project or any part thereof with respect to that part only. WILLIAM J. CLINTON. official reception and representation ex- THE WHITE HOUSE, July 16, 1997. penses; hire of passenger motor vehicles; and AMENDMENTS OFFERED BY MR. LEWIS OF f reimbursement of the General Services Ad- CALIFORNIA ministration for security guard services, and Mr. LEWIS of California. Mr. Chair- b 1145 the Department of Defense for the cost of man, I offer two amendments, and I overseas employee mail; $853,385,000: Pro- DEPARTMENTS OF VETERANS AF- ask unanimous consent that they be vided, That funds under this heading shall be considered en bloc. FAIRS AND HOUSING AND URBAN available to administer the Service Members DEVELOPMENT, AND INDEPEND- Occupational Conversion and Training Act: The CHAIRMAN. The Clerk will re- ENT AGENCIES APPROPRIATIONS Provided further, That funds under this head- port the amendments. ACT, 1998 ing shall be available for the conduct of med- The Clerk read as follows: ical examinations requested by the Veterans Amendments offered by Mr. LEWIS of Cali- The SPEAKER pro tempore (Mr. Benefits Administration in connection with fornia: LAHOOD). Pursuant to House Resolu- claims for benefits under title 38, United On page 11, line 7, strike ‘‘$155,600,000’’ and tion 184 and rule XXIII, the Chair de- States Code: Provided further, That none of insert in lieu thereof ‘‘$159,600,000’’. clares the House in the Committee of the funds made available under this heading On page 12, line 21, strike ‘‘$175,000,000’’ and the Whole House on the State of the may be used for the relocation of the loan insert in lieu thereof ‘‘$176,500,000’’. Union for the further consideration of guaranty divisions of the Department of Vet- On page 13, line 19, strike ‘‘$60,000,000’’ and the bill, H.R. 2158. erans Affairs Regional Office in St. Peters- insert in lieu thereof ‘‘$54,500,000’’. burg, Florida to the Department of Veterans The CHAIRMAN. Is there objection b 1145 Affairs Regional Office in Atlanta, Georgia. to the request of the gentleman from IN THE COMMITTEE OF THE WHOLE NATIONAL CEMETERY SYSTEM California? Accordingly the House resolved itself For necessary expenses for the mainte- There was no objection. into the Committee of the Whole House nance and operation of the National Ceme- Mr. LEWIS of California. Mr. Chair- on the State of the Union for the fur- tery System, not otherwise provided for, in- man, I appreciate being recognized. I ther consideration of the bill (H.R. cluding uniforms or allowances thereof; will not take the entire 5 minutes. 2158) making appropriations for the De- cemeterial expenses as authorized by law; purchase of three passenger motor vehicles These two amendments are non- partments of Veterans Affairs and for use in cemeterial operations; and hire of controversial and supported by the Housing and Urban Development, and passenger motor vehicles, $84,183,000. Members from the areas that are af- for sundry independent agencies, com- OFFICE OF INSPECTOR GENERAL fected. missions, corporations, and offices for For necessary expenses of the Office of In- The first amendment adds $4 million the fiscal year ending September 30, spector General in carrying out the Inspec- to VA’s construction major projects ac- 1998, and for other purposes, with Mr. tor General Act of 1978, as amended, count for a columbarium at the Na- COMBEST in the chair. $31,013,000. tional Memorial Cemetery in Arizona. H5310 CONGRESSIONAL RECORD — HOUSE July 16, 1997 The bill already includes the requested GRANTS FOR THE CONSTRUCTION OF STATE further, That the Secretary shall determine $9.1 million for grave site development VETERAN CEMETERIES the cost of administration for fiscal year and improvements of this construction For grants to aid States in establishing, 1998, which is properly allocable to the provi- project at the cemetery. expanding, or improving State veteran ceme- sion of each insurance program and to the teries as authorized by 38 U.S.C. 2408, provision of any total disability income in- The second amendment adds $1.5 mil- surance included in such insurance program. lion to VA’s construction minor $10,000,000, to remain available until ex- pended. AMENDMENT OFFERED BY MR. SOLOMON projects account for expansion of the Mr. SOLOMON. Mr. Speaker, I offer existing National Cemetery at Mobile, GRANTS FOR THE CONSTRUCTION OF STATE VETERAN CEMETERIES an amendment made in order under the AL. This will permit the development rule. of 10 acres of city-owned land for burial For grants to aid States in establishing, expanding, or improving State veteran ceme- The CHAIRMAN. The Clerk will des- of veterans in the Mobile area. teries as authorized by 38 U.S.C. 2408, ignate the amendment. These two additions are offset by a $10,000,000, to remain available until ex- The text of the amendment is as fol- reduction in the increase recommended pended. lows: by the committee for the grants for ADMINISTRATIVE PROVISIONS Amendment offered by Mr. SOLOMON: construction of State extended care fa- (INCLUDING TRANSFER OF FUNDS) Page 16, after line 12, insert the following cilities account. The committee rec- new section: SEC. 101. Any appropriation for fiscal year SEC. 108. (a) This section is enacted contin- ommended an increase $19 million 1998 for ‘‘Compensation and pensions’’, ‘‘Re- above the 1998 budget request for this gent on the enactment of legislation estab- adjustment benefits’’, and ‘‘Veterans insur- lishing the Medical Collections Fund. account. The amendment changes the ance and indemnities’’ may be transferred to (b) If the Secretary of Veterans Affairs de- increase in that appropriations to $13.5 any other of the mentioned appropriations. termines that the total amount to be recov- million above the request. SEC. 102. Appropriations available to the ered for fiscal year 1998 for deposit to the Mr. Chairman, I urge the Members to Department of Veterans Affairs for fiscal Medical Collections Fund under the provi- support the amendments. year 1998 for salaries and expenses shall be sions of the legislation establishing such Mr. STOKES. Mr. Chairman, I move available for services authorized by 5 U.S.C. Fund will be less than the amount contained 3109. to strike the last word. in the latest Congressional Budget Office SEC. 103. No appropriations in this Act for baseline estimate (computed under section Mr. Chairman, the gentleman from the Department of Veterans Affairs (except 257 of the Balanced Budget and Emergency California [Mr. LEWIS] has discussed the appropriations for ‘‘Construction, major Deficit Control Act of 1985) for the amount of these amendments with me, and we projects’’, ‘‘Construction, minor projects’’, such recoveries for that fiscal year by at have no objection to them. and the ‘‘Parking revolving fund’’) shall be least $25,000,000, the Secretary shall prompt- The CHAIRMAN. The question is on available for the purchase of any site for or ly certify to the Secretary of the Treasury the amendments offered by the gen- toward the construction of any new hospital the amount of the shortfall (as estimated by or home. tleman from California [Mr. LEWIS]. the Secretary of Veterans Affairs) that is in The amendments were agreed to. SEC. 104. No appropriations in this Act for excess of $25,000,000. Upon receipt of such a the Department of Veterans Affairs shall be The CHAIRMAN. The Clerk will read. certification, the Secretary of the Treasury available for hospitalization or examination shall, not later than 30 days after receiving The Clerk read as follows: of any persons (except beneficiaries entitled the certification, deposit in the Medical Col- CONSTRUCTION, MINOR PROJECTS under the laws bestowing such benefits to lections Fund, from any unobligated For constructing, altering, extending, and veterans, and persons receiving such treat- amounts in the Treasury, an amount equal improving any of the facilities under the ju- ment under 5 U.S.C. 7901–7904 or 42 U.S.C. to the amount certified by the Secretary of risdiction or for the use of the Department of 5141–5204), unless reimbursement of cost is Veterans Affairs. Veterans Affairs, including planning, archi- made to the ‘‘Medical care’’ account at such (c) If a deposit is made under subsection (b) tectural and engineering services, mainte- rates as may be fixed by the Secretary of and the Secretary of Veterans Affairs subse- nance or guarantee period services costs as- Veterans Affairs. quently determines that the actual amount sociated with equipment guarantees pro- SEC. 105. Appropriations available to the recovered for fiscal year 1998 for deposit to vided under the project, services of claims Department of Veterans Affairs for fiscal the Medical Collections Fund— analysts, offsite utility and storm drainage year 1998 for ‘‘Compensation and pensions’’, (1) is greater than the amount estimated system construction costs, and site acquisi- ‘‘Readjustment benefits’’, and ‘‘Veterans in- by the Secretary that was used for purposes tion, or for any of the purposes set forth in surance and indemnities’’ shall be available of the certification by the Secretary under sections 316, 2404, 2406, 8102, 8103, 8106, 8108, for payment of prior year accrued obliga- subsection (b), the Secretary shall pay into 8109, 8110, and 8122 of title 38, United States tions required to be recorded by law against the General Fund of the Treasury, from Code, where the estimated cost of a project the corresponding prior year accounts within amounts available for medical care, an is less than $4,000,000; $175,000,000, to remain the last quarter of fiscal year 1997. amount equal to the difference between the available until expended, along with unobli- SEC. 106. Appropriations accounts available amount actually recovered and the amount gated balances of previous ‘‘Construction, to the Department of Veterans Affairs for so estimated (but not in excess of the minor projects’’ appropriations which are fiscal year 1998 shall be available to pay amount of the deposit under subsection (b) hereby made available for any project where prior year obligations of corresponding prior pursuant to such certification); or the estimated cost is less than $4,000,000: Pro- year appropriations accounts resulting from (2) is less than the amount estimated by vided, That funds in this account shall be title X of the Competitive Equality Banking the Secretary that was used for purposes of available for (1) repairs to any of the non- Act, Public Law 100–86, except that if such the certification by the Secretary under sub- medical facilities under the jurisdiction or obligations are from trust fund accounts section (b), the Secretary shall promptly cer- for the use of the Department which are nec- they shall be payable from ‘‘Compensation tify to the Secretary of the Treasury the essary because of loss or damage caused by and pensions’’. amount of the shortfall. (d) Upon receipt of a certification from the any natural disaster or catastrophe, and (2) SEC. 107. Notwithstanding any other provi- Secretary of Veterans Affairs under sub- temporary measures necessary to prevent or sion of law, during fiscal year 1998, the Sec- section (c)(2), the Secretary of the Treasury to minimize further loss by such causes. retary of Veterans Affairs shall, from the shall, not later than 30 days after receiving PARKING REVOLVING FUND National Service Life Insurance Fund (38 U.S.C. 1920), the Veterans’ Special Life Insur- the certification, deposit in the Medical Col- For the parking revolving fund as author- ance Fund (38 U.S.C. 1923), and the United lections Fund, from any unobligated ized by 38 U.S.C. 8109, income from fees col- States Government Life Insurance Fund (38 amounts in the Treasury, an amount equal lected, to remain available until expended, U.S.C. 1955), reimburse the ‘‘General operat- to the amount certified by the Secretary of which shall be available for all authorized ing expenses’’ account for the cost of admin- Veterans Affairs. expenses except operations and maintenance istration of the insurance programs financed Page 48, line 2, insert ‘‘(reduced by costs, which will be funded from ‘‘Medical through those accounts: Provided, That reim- $27,000,000)’’ after ‘‘$656,223,000,’’. care’’. bursement shall be made only from the sur- Mr. SOLOMON. Mr. Chairman, let me GRANTS FOR CONSTRUCTION OF STATE plus earnings accumulated in an insurance just say that I offer this amendment on EXTENDED CARE FACILITIES program in fiscal year 1998, that are avail- behalf of the gentleman from Wiscon- For grants to assist States to acquire or able for dividends in that program after sin [Mr. NEUMANN] and myself. And let construct State nursing home and domi- claims have been paid and actuarially deter- me, from the bottom of my heart, Mr. ciliary facilities and to remodel, modify or mined reserved have been set aside: Provided Chairman, commend the work of the alter existing hospital, nursing home and further, That if the cost of administration of domiciliary facilities in State homes, for fur- an insurance program exceeds the amount of gentleman from California [Mr. LEWIS], nishing care to veterans as authorized by 38 surplus earnings accumulated in that pro- the chairman, and the gentleman from U.S.C. 8131–8137, $60,000,000, to remain avail- gram, reimbursement shall be made only to Ohio [Mr. STOKES], the ranking mem- able until expended. the extent of such surplus earnings: Provided ber, and their entire Subcommittee on July 16, 1997 CONGRESSIONAL RECORD — HOUSE H5311 VA, HUD, and Independent Agencies tirely dependent on the collection of The CHAIRMAN. The time of the and staff for carefully crafting a great outside insurance payments. In other gentleman from New York [Mr. SOLO- bill and attracting bipartisan support words, VA health care is only directly MON] has expired. to it. These two gentlemen, in particu- funded at $16.9 billion, and that is an (By unanimous consent, Mr. SOLOMON lar, have long been strong supporters of actual decrease from last year, and de- was allowed to proceed for 2 additional the veterans of this Nation and par- pends on an estimate by the CBO that minutes.) ticularly of our veterans’ medical care the VA will collect and retain more Mr. SOLOMON. Mr. Chairman, delivery system, and I commend them than $600 million from veterans who should we not insist on a guaranteed for it. I hate to think where we would pay for their care with private, third- amount that will not jeopardize the be without the leadership of both of party insurance. VA’s ability to deliver at least the these gentlemen. Mr. Chairman, I have supported the same level of health care as last year? I rise simply to build on what they collection of those dollars for the VA This amendment I am proposing have done and to offer a critically im- since my days as the ranking member would quite simply direct the Treasury portant amendment that protects the of the Committee on Veterans’ Affairs. to cover any shortfall in the VA’s col- medical care dollars for our Nation’s And I am very pleased now that we lection of payments of more than $25 veterans. have this written into the law and ex- million. In other words, if the VA col- Mr. Chairman, I am pleased to have cited that we are finally providing this lects about what they have over the the resounding support of every major sort of incentive to the VA to help fund last few years about $550 million on av- veterans service organization in this these vital medical services. erage, the Treasury would transfer $29 country and the House Committee on And again, that is why I commend million from unobligated funds to the Veterans’ Affairs for this amendment both the gentleman from California VA medical care account. that will guarantee a significant in- [Mr. LEWIS] and the gentleman from However, if the VA does collect more crease in VA health care funding, but Ohio [Mr. STOKES] because of their lim- than this $579 million threshold, let us more importantly, keep that funding itations that they have with their say $590 million, then they quite sim- from being decreased. The American Legion, the Veterans 602(b) allocations spread over all of ply keep it and we pay nothing addi- of Foreign Wars, the Disabled Amer- these myriad of Departments like the tionally out of the Treasury. This safe- ican Veterans, Vietnam Veterans of Veterans Affairs Department, the guard builds on our willingness to try America, the Paralyzed Veterans of Housing and all of the independent new reforms to enhance VA health America, and the Blinded Veterans As- agencies, that is one of the most dif- care, but provides much needed reas- sociation all have made it very clear ficult jobs in this Congress. And that is surances to our veterans that we are that they are very uneasy about the ex- why I offer the amendment today, be- not going to leave them high and dry isting appropriations for VA medical cause we cannot leave to chance our should these reforms not live up to the care and support this amendment that solemn commitment and vow to pro- expectations. I am offering today. vide and maintain adequate health care I urge my colleagues to vote yes on Mr. Chairman, I include for the for those who have served our Nation the Solomon-Neumann amendment and RECORD the following: in uniform. send our veterans, the administration, THE AMERICAN LEGION, We owe it to them to guarantee that and the Senate a very strong message Washington, D.C., July 14, 1997. the budget for the VA medical care will that the House is committed to guar- Hon. GERALD SOLOMON, be maintained even in the face of the anteeing these adequate funding levels, U.S. House of Representatives, inability of the VA to collect such out- at least what we have been spending Washington, DC. side payments. That is why the amend- over the last year. That is terribly, ter- DEAR REPRESENTATIVE SOLOMON: The ment that I am offering that was of- ribly important. American Legion fully supports your amend- ment to the FY 1998 VA, HUD and Independ- fered by the gentleman from Wisconsin And again, in closing, let me just ent Agencies appropriations bill which would [Mr. NEUMANN], sitting over here next again praise the work of the gentleman ensure supplemental funding for VA health to me, in the Committee on Appropria- from California [Mr. LEWIS], the chair- care in the event VA’s efforts to collect and tions is so very, very important. It im- man, and the gentleman from Ohio retain third-party receipts falls more than plements and it pays for fail-safe lan- [Mr. STOKES], the ranking member, and $25 million short of the $604 million projected guage that will ensure the VA receives their committee and their staff, be- by the Congressional Budget Office. Under current VA rules, regulations and at least, and this is the important part, cause they do great work for the veter- procedures, The American Legion questions at least $579 million on top of the $16.9 ans of this Nation. And being a veteran VA’s ability to recover the recommended billion appropriated no matter what myself, I commend them for it and I $604 million in third-party reimbursements the VA collects. That means that this thank the gentlemen for their time. as outlined in the 1997 Budget Resolution. amendment would guarantee nearly Mr. NEUMANN. Mr. Chairman, I Each year, service connected veterans re- $17.6 billion for VA medical care. And move to strike the last word. quiring medical care must fight to get its that is the level of funding that we I rise to support this amendment. shart of discretionary dollars. Your amend- The amendment is really about the ment will greatly assist VA in meeting its needed to get. obligation to provide veterans the necessary If my colleagues do not think this third-party payor system, which under medical services they need as a result of in- guarantee is necessary, just consider a bill passed previously through the jury or illness. Without this amendment, VA this: The VA collected outside pay- House, the veterans health care agen- may be forced to further scale back health ments of about $573 million in fiscal cies would be allowed to collect this care services and reduce staffing levels; ulti- year 1995, $573 million; $557 million in money. mately forcing VA to ration health care to 1996, that was going down; and $533 mil- What this amendment does is it pro- service-connected and other eligible veter- lion is estimated for 1997, and that is tects the veterans that in the event the ans. Once again, The American Legion fully going down. organization in Washington that esti- supports your amendment to provide supple- So we can see what is happening, mated how much money is going to mental funding for VA health care in the that these funds from third-party col- come in, in the event that organiza- event VA’s efforts to collect and retain lections are shrinking. That is right, tion, albeit a very fine organization, third-party receipts falls more than $25 mil- their collections have decreased over CBO, if they have made an error in the lion short of the $604 million projected by the last 3 years. And just to put this in projections, this would simply guaran- the Congressional Budget Office. As always, more perspective, the VA predicted tee the veterans that they would get at your continued leadership and commitment to veterans and their families is greatly ap- that they would collect $736 million least all but $25 million of what was preciated. initially for 1997, yet they only brought projected by CBO under this agree- Sincerely, in $533 million. That is the difference, ment. STEVE A. ROBERTSON, and that is why the need for this That is really what this is all about. Director, amendment. It is simply guaranteeing our veterans National Legislative Commission. I ask my colleagues, how can we organizations that health care will be Mr. Chairman, the necessary increase count on them to collect $604 million available for them as it has been in the appropriated for VA hospitals is en- next year? The truth is we just cannot. past and guaranteeing the level of H5312 CONGRESSIONAL RECORD — HOUSE July 16, 1997 funding to make sure that that can All our veterans are asking is to be seems to me that it may be that the really happen. guaranteed that the CBO numbers are veterans service organizations are a bit I have with me some letters and I within reason, accurate so that they anxious here. Sometimes they ask would just like to read a few of the in- can plan accordingly to provide appro- their supporters to move a little serts out of these letters. The first one priate health care. quicker than they really might like. is from the American Legion. Paralyzed Veterans of America; For example, the gentleman from The American Legion fully supports your again I quote: Wisconsin [Mr. NEUMANN], who has amendment to fiscal year 1998 VA/HUD and On behalf of the Paralyzed Veterans of done such a fabulous job on this idea, Independent Agencies appropriations bill, got a commitment from the full com- which would ensure supplemental funding for America, I am writing to express our strong VA health care. support for your amendment. mittee chairman that, if some way rec- onciliation fell apart on this matter, It goes on to say, Blinded Veterans Association: that we would return to it in con- The Legion fully supports your amendment On behalf of the Blinded Veterans Associa- to provide supplemental funding for VA tion, a federally chartered veterans service, I ference on our bill, essentially to try to health care in the event the VA efforts to just want to express our strong support for keep the pressure on those who are collect and retain third party receipts falls your amendment. dealing with reconciliation. more than $25 million short of the $604 mil- Vietnam Veterans of America, I have My concern that I would suggest to lion projected by the Congressional Budget got neighbors that are Vietnam veter- the VSO’s is that they could be taking Office. ans where I live; again I quote: pressure off of that reconciliation proc- And that really is what this is all On behalf of the membership of the Viet- ess by this amendment. I hope that about. nam Veterans of America, I am pleased to that is not the case but it could be. I b 1200 support your amendment to fiscal year 1998 think it would have been smarter in VA-HUD. many ways to wait until later in our It is simply a guarantee that in the The bottom line is the veterans process, but frankly ofttimes we find event CBO has misestimated the num- groups want to be assured that the that our friends out there who rep- bers, that they will still receive the health care that they have been prom- resent organizations get very anxious funding necessary to provide health ised is available to them. All we are care to our veterans. and really do not totally have a handle Mr. SOLOMON. Mr. Chairman, will doing in this amendment is making on this complicated process. In the the gentleman yield? sure that the funding level that has meantime, the chairman of the Com- Mr. NEUMANN. I yield to the gen- been estimated by CBO actually comes mittee on Rules, taking up their con- tleman from New York. to fruition. If there are more funds cern on behalf of the gentleman from Mr. SOLOMON. Mr. Chairman, I just available, that is fine; it does not cost Wisconsin [Mr. NEUMANN], has indeed want to commend the gentleman from the budget anything. But if it would brought the issue to us in this form. Wisconsin [Mr. NEUMANN] because, for some reason be that CBO has I am not sure why the House would when he arrived here, joined forces misestimated these numbers, our vet- want to turn it down. It will cause us with people like me that have been erans will still be cared for in an appro- to discuss it in conference. I would cer- fighting for the balanced budget over priate way. tainly suggest that, from my point of all these years and he has been such a To me, veterans should receive the view, no one who is involved in rec- great help. One of the reasons that we highest priority in this Nation. When onciliation presumed this is the way to are on that glide path and we are going we look at all the spending that this get off of that hook. We expect them to to get this balanced budget is because Government does, I think we need to act positively, and I am going to be of the gentleman from Wisconsin [Mr. start with the veterans, who have strongly urging them to act positively. NEUMANN]. I wanted everyone to know, served this country so well when we Mr. STOKES. Mr. Chairman, I move especially the veterans’ families and consider where the dollars go. to strike the requisite number of population out there that the gen- Mr. LEWIS of California. Mr. Chair- words. tleman from Wisconsin at all times has man, I move to strike the requisite Mr. Chairman, I rise just to bring to stood up for the veterans of this Nation number of words. the attention of the House a little fur- because when we have to balance the Mr. Chairman, many Members prob- ther discussion relative to the reserva- budget, it is not easy, we have to cut ably do not realize it, but the gen- tions that were just expressed by the someplace. With his help, we have been tleman from New York [Mr. SOLOMON] chairman of the subcommittee. By the able to maintain that funding. I just and I have a number of things in com- same token, I have reservations be- wanted to commend him for it. The mon. Among them, before becoming in- cause this matter was discussed fully gentleman truly is a friend of the vet- volved in government, we were insur- at the full committee level. The gen- erans, and veterans like me appreciate ance professionals. I can remember tleman from Wisconsin [Mr. NEUMANN] that. years ago spending a lot of time in the presented the amendment at that time Mr. NEUMANN. I thank the gen- health and life insurance field dealing and I think did an excellent job of pre- tleman. I very much appreciate the with this very question. A situation senting the problem that veterans have work of the distinguished chairman of where veterans had private medical faced as a result of the necessity for the Committee on Rules as well as the coverage, and were getting services at such a motion. chairman of our committee and the hospitals; and the money was not di- After a full discussion at the full ranking minority member for the ef- rectly reimbursed for VA medical care committee level, assurance was given fort that has gone into this. I would purposes and they used it within that that in the event that the reconcili- add that in view of the overall bill, this pool of funding. To me, that process ation package did not provide the type is a relatively minor adjustment, but it seemed a bit ridiculous. In the time I of fail-safe preservation that the veter- is very important to the veterans of have been in the Congress the question ans needed, that the Committee on Ap- our Nation. That is why this amend- has been raised many fold, but indeed propriations would revisit this matter ment is being proposed. and see that the veterans were made There are other groups of veterans it has never been raised quite so effec- that are supporting this, and it is one tively as it has been this year. whole. Subsequently, and based upon I must say that I do have some res- right after the next, Disabled American the chairman’s representation in that Veterans; again I quote: ervation about this amendment. While respect, the full committee then voted I intend to support it, I nonetheless down that particular amendment at On behalf of the more than 1 million mem- bers of the Disabled American Veterans, I have some reservation. I have a res- that time. wish to express our appreciation and support ervation only because we have lan- I think all of us have to realize that for your amendment. guage within the reconciliation process this problem would not have arisen had Veterans of Foreign Wars; again I where a conference is going on with the we taken care of this matter in the quote: other body right now that is likely to budget agreement that was passed here This is written to express the strong sup- statutorily extend this reimbursement by the House. I voted against the budg- port and appreciation of the Veterans of For- process for a number of years. With et agreement which was passed by the eign Wars for the amendment. that reconciliation opportunity, it House. One of the reasons I voted July 16, 1997 CONGRESSIONAL RECORD — HOUSE H5313 against it was because all of those who this would come from the EPA budget, while section 8 reserves made available to housing voted for it knew that that bill cut the leaving the funding for that program well over agencies for tenant-based assistance under veterans account by $2.2 billion. I the President's request. the section 8 existing housing certificate and think it was recognized by anyone vot- Mr. Chairman, the health of our Nation's housing voucher programs, are rescinded. All balances remaining in the Preserving ing for it that at some time or other veterans is far too important to rely on Existing Housing Investment Account for the chickens would come home to roost unproven and untested national programs. Preservation shall be transferred to and and this matter would have to be rec- Veterans benefits are true entitlements; they merged with the amounts previously pro- onciled. Of course this amendment were earned by sacrifice and blood. This vided for those purposes under this head. gives people the right to have it both amendment is supported by our Nation's vet- PUBLIC HOUSING CAPITAL FUND ways. They voted for the budget that erans organizations and is a welcome step to- (INCLUDING TRANSFERS OF FUNDS) cut veterans by $2.2 billion and by this ward correcting a dangerously low health care For the Public Housing Capital Fund Pro- amendment they cover themselves to appropriation. gram under the United States Housing Act of try and protect them in the event that Accordingly, I urge all of my colleagues to 1937, as amended (42 U.S.C. 1437), there is a shortfall. join in supporting Representative SOLOMON's $2,500,000,000, to remain available until ex- Mr. NEUMANN. Mr. Chairman, will amendment. pended for modernization of existing public the gentleman yield? The CHAIRMAN. The question is on housing projects as authorized under section Mr. STOKES. I yield to the gen- the amendment offered by the gen- 14 of such Act: Provided, That of the total tleman from Wisconsin. tleman from New York [Mr. SOLOMON]. amount, $30,000,000 shall be for carrying out Mr. NEUMANN. In the full commit- The amendment was agreed to. activities under section 6(j) of such Act and technical assistance for the inspection of tee, our biggest problem that we had The CHAIRMAN. The Clerk will read. public housing units, contract expertise, and after we left full committee and en- The Clerk read as follows: training and technical assistance directly or tered into further discussions on it, if TITLE II indirectly, under grants, contracts, or coop- reconciliation passes and contains DEPARTMENT OF HOUSING AND URBAN erative agreements, to assist in the over- these provisions, I do not think there is DEVELOPMENT sight and management of public housing (whether or not the housing is being modern- anyone that has a problem in con- PUBLIC AND INDIAN HOUSING ized with assistance under this proviso) or ference with eliminating this if it is al- HOUSING CERTIFICATE FUND ready done in reconciliation at that tenant-based assistance, including, but not For activities and assistance to prevent limited to, an annual resident survey, data point. But the problem we had is that, the involuntary displacement of low-income collection and analysis, training and tech- if it was not in either the House bill or families, the elderly and the disabled be- nical assistance by or to officials and em- the Senate bill and reconciliation cause of the loss of affordable housing stock, ployees of the Department and of public failed, then the question would come expiration of subsidy contracts (other than housing agencies and to residents in connec- up as to whether or not it would be ap- contracts for which amounts are provided tion with the public housing program and for propriate in the conference committee under the head ‘‘Preserving Existing Housing lease adjustments to section 23 projects: Pro- to add something that was in neither Investment’’) or expiration of use restric- vided further, That of the amount available tions, or other changes in housing assistance the House version nor the Senate ver- under this heading, $5,000,000 shall be for the arrangements, and for other purposes, Tenant Opportunity Program: Provided fur- sion. That is the reason we brought it $10,393,000,000, to remain available until ex- ther, That all balances, as of September 30, here to the floor. pended: Provided, That of the total amount 1997, of funds heretofore provided (other than Again I express my respect and sup- provided under this heading, $9,200,000,000 for Indian families) for the development or port for the ranking minority member shall be for assistance under the United acquisition costs of public housing, for mod- of this committee. States Housing Act of 1937 (42 U.S.C. 1437) for ernization of existing public housing Mr. STOKES. Mr. Chairman, reclaim- use in connection with expiring or terminat- projects, for public housing amendments, for ing my time, I recognize and do not ing section 8 subsidy contracts: Provided fur- public housing modernization and develop- ther, That the Secretary may determine not ment technical assistance, for lease adjust- quarrel with the fact that the gen- to apply section 8(o)(6)(B) of the Act to hous- tleman was trying to arrive at a solu- ments under the section 23 program, and for ing vouchers during fiscal year 1998: Provided the Family Investment Centers program, tion to a potential problem in the fu- further, That of the total amount provided shall be transferred to and merged with ture. I am just saying that I think under this heading, $850,000,000 shall be for amounts made available under this heading. amendments to section 8 contracts other when this budget was passed by the PUBLIC HOUSING OPERATING FUND House, with the cut being in it, we than contracts for projects developed under (INCLUDING TRANSFER OF FUNDS) should have all recognized, at least I section 202 of the Housing Act of 1959, as recognized, that this problem was amended: Provided further, That of the total For payments to public housing agencies amount provided under this heading, for operating subsidies for low-income hous- going to come up at that time. $343,000,000 shall be for section 8 rental as- ing projects as authorized by section 9 of the Mr. GILMAN. Mr. Chairman, I rise today in sistance under the United States Housing United States Housing Act of 1937, as amend- strong support of the amendment being of- Act including assistance to relocate resi- ed (42 U.S.C. 1437g), $2,900,000,000, to remain fered by my colleague from New York, the dents of properties (i) that are owned by the available until expended: Provided, That all chairman of the Rules Committee. This Secretary and being disposed of or (ii) that balances outstanding, as of September 30, amendment would provide a much needed are discontinuing section 8 project-based as- 1997, of funds heretofore provided (other than safety net for veterans health care should the sistance; for the conversion of section 23 for Indian families) for payments to public need arise in the future. projects to assistance under section 8; for housing agencies for operating subsidies for low-income housing projects, shall be trans- Under the current balanced budget agree- funds to carry out the family unification program; and for the relocation of witnesses ferred to and merged with amounts made ment, VA health care appropriations are fro- in connection with efforts to combat crime available under this heading. zen over the next several years rather than in- in public and assisted housing pursuant to a DRUG ELIMINATION GRANTS FOR LOW-INCOME creasing, as they have traditionally done. In request from a law enforcement or prosecu- HOUSING return, the VA will be allowed to collect and tion agency: Provided further, That of the (INCLUDING TRANSFER OF FUNDS) retain third party insurance and Medicare pay- total amount made available in the preced- For grants to public and Indian housing ments. ing proviso, $50,000,000 shall be made avail- able to nonelderly disabled families affected agencies for use in eliminating crime in pub- The funds collected from these payments in lic housing projects authorized by 42 U.S.C. theory will make up for those funds that would by the designation of a public housing devel- opment under section 7 of such Act or the es- 11901–11908, for grants for federally assisted have resulted from future budget increases. tablishment of preferences in accordance low-income housing authorized by 42 U.S.C. The CBO estimates that $604 million would be with section 651 of the Housing and Commu- 11909, and for drug information clearinghouse collected in this manner. nity Development Act of 1992 (42 U.S.C. services authorized by 42 U.S.C. 11921–11925, This amendment would guarantee the VA 1361l). $290,000,000, to remain available until ex- pended, of which $10,000,000 shall be for an additional $579 million in the event that the ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING third party collection program is not as suc- grants, technical assistance, contracts and (INCLUDING RESCISSION AND TRANSFER OF other assistance training, program assess- cessful as envisioned. It would take effect if FUNDS) ment, and execution for or on behalf of pub- the third party collections fell more than $25 Notwithstanding any other provision of lic housing agencies, resident organizations, million short of the CBO projection. law, of the amounts recaptured under this and Indian Tribes and their Tribally des- In terms of cost, this amendment would re- heading during fiscal year 1998 and prior ignated housing entities (including the cost quire $14 million to implement. The funds for years, $565,000,000, heretofore maintained as of necessary travel for participants in such H5314 CONGRESSIONAL RECORD — HOUSE July 16, 1997 training); $10,000,000 shall be used in connec- Stat. 3739) $3,000,000, to remain available cational, training, and other supportive serv- tion with efforts to combat violent crime in until expended: Provided, That such costs, in- ices, including academic skills training, job public and assisted housing under the Oper- cluding the costs of modifying such loans, search assistance, assistance related to re- ation Safe Home Program administered by shall be as defined in section 502 of the Con- taining employment, vocational and entre- the Inspector General of the Department of gressional Budget Act of 1974, as amended: preneurship development and support pro- Housing and Urban Development; and Provided further, That these funds are avail- grams, transportation, and child care: Pro- $10,000,000 shall be provided to the Office of able to subsidize total loan principal, any vided further, That the Secretary shall re- Inspector General for Operation Safe Home: part of which is to be guaranteed, not to ex- quire applications to demonstrate firm com- Provided, That the term ‘‘drug-related ceed $36,900,000. mitments of funding or services from other crime’’, as defined in 42 U.S.C. 11905(2), shall COMMUNITY PLANNING AND DEVELOPMENT sources: Provided further, That the Secretary also include other types of crime as deter- shall select public and Indian housing agen- HOUSING OPPORTUNITIES FOR PERSONS WITH mined by the Secretary: Provided further, cies to receive assistance under this head on AIDS That notwithstanding section 5130(c) of the a competitive basis, taking into account the Anti-Drug Abuse Act of 1988 (42 U.S.C. For carrying out the Housing Opportuni- quality of the proposed program, including 11909(c)), the Secretary may determine not ties for Persons with AIDS program, as au- any innovative approaches, the extent of the to use any such funds to provide public hous- thorized by the AIDS Housing Opportunity proposed coordination of supportive services, ing youth sports grants. Act (42 U.S.C. 12901), $204,000,000, to remain the extent of commitments of funding or available until expended: Provided, That of REVITALIZATION OF SEVERELY DISTRESSED services from other sources, the extent to the amount made available under this head- which the proposed program includes reason- PUBLIC HOUSING (HOPE VI) ing for non-formula allocation, the Sec- For grants to public housing agencies for ably achievable, quantifiable goals for meas- retary may designate, on a noncompetitive uring performance under the program over a assisting in the demolition of obsolete public basis, one or more nonprofit organizations housing projects or portions thereof, the re- three-year period, the extent of success an that provide meals delivered to homebound agency has had in carrying out other com- vitalization (where appropriate) of sites (in- persons with acquired immunodeficiency cluding remaining public housing units) on parable initiatives, and other appropriate syndrome or a related disease to receive criteria established by the Secretary. which such projects are located, replacement grants, not exceeding $250,000 for any grant, Of the amount provided under this head- housing which will avoid or lessen con- and the Secretary shall assess the efficacy of ing, $50,000,000 shall be for Economic Devel- centrations of very low-income families, and providing such assistance to such persons. tenant-based assistance in accordance with opment Grants. COMMUNITY DEVELOPMENT BLOCK GRANTS section 8 of the United States Housing Act of Of the amount made available under this 1937; and for providing replacement housing (INCLUDING TRANSFERS OF FUNDS) heading, notwithstanding any other provi- and assisting tenants to be displaced by the For grants to States and units of general sion of law, $30,000,000 shall be available for demolition, $524,000,000, to remain available local government and for related expenses, youthbuild program activities authorized by until expended, of which the Secretary may not otherwise provided for, to carry out a subtitle D of title IV of the Cranston-Gon- use up to $5,000,000 for technical assistance, community development grants program as zalez National Affordable Housing Act, as to be provided directly or indirectly by authorized by title I of the Housing and amended, and such activities shall be an eli- grants, contracts or cooperative agreements, Community Development Act of 1974, as gible activity with respect to any funds including training and cost of necessary amended (the ‘‘Act’’ herein) (42 U.S.C. 5301), made available under this heading. travel for participants in such training, by $4,600,000,000, to remain available until Sep- Of the amount made available under this or to officials and employees of the Depart- tember 30, 2000: Provided, That $67,000,000 heading, notwithstanding any other provi- ment and of public housing agencies and to shall be for grants to Indian tribes notwith- sion of law, $60,000,000 shall be available for residents: Provided, That no funds appro- standing section 106(a)(1) of the Act; the lead-based paint hazard reduction pro- priated in this title shall be used for any pur- $2,100,000 shall be available as a grant to the gram as authorized under sections 1011 and pose that is not provided for herein, in the Housing Assistance Council; $1,500,000 shall 1053 of the Residential Lead-Based Hazard Housing Act of 1937, in the Appropriations be available as a grant to the National Reduction Act of 1992. Acts for Veterans Affairs, Housing and Urban American Indian Housing Council; $25,100,000 For the cost of guaranteed loans, Development, and Independent Agencies, for shall be for grants pursuant to section 107 of $29,000,000, as authorized by section 108 of the the fiscal years 1993, 1994, and 1995, and the such Act; $11,500,000 shall be for the Commu- Housing and Community Development Act of Omnibus Consolidated Rescissions and Ap- nity Outreach Partnership program; 1974: Provided, That such costs, including the propriations Act of 1996: Provided further, $16,700,000 shall be for grants pursuant to sec- cost of modifying such loans, shall be as de- That none of such funds shall be used di- tion 11 of the Housing Opportunity Program fined in section 502 of the Congressional rectly or indirectly by granting competitive Extension Act of 1996 (Public Law 104–120): Budget Act of 1974, as amended: Provided fur- advantage in awards to settle litigation or Provided further, That not to exceed 20 per- ther, That these funds are available to sub- pay judgments, unless expressly permitted cent of any grant made with funds appro- sidize total loan principal, any part of which herein. priated herein (other than a grant made is to be guaranteed, not to exceed NATIVE AMERICAN HOUSING BLOCK GRANTS available under the preceding proviso to the $1,261,000,000, notwithstanding any aggregate Housing Assistance Council or the National (INCLUDING TRANSFERS OF FUNDS) limitation on outstanding obligations guar- American Indian Housing Council, or a grant anteed in section 108(k) of the Housing and For the Native American Housing Block using funds under section 107(b)(3) of the Grants program, as authorized under title I Community Development Act. In addition, Housing and Community Development Act of for administrative expenses to carry out the of the Native American Housing Assistance 1974, as amended) shall be expended for and Self-Determination Act of 1996 (Public guaranteed loan program, $1,000,000, which ‘‘Planning and Management Development’’ shall be transferred to and merged with the Law 104–330), $650,000,000, to remain available and ‘‘Administration’’ as defined in regula- until expended, of which $5,000,000 shall be appropriation for departmental salaries and tions promulgated by the Department. expenses. used to support the inspection of Indian Of the amount provided under this head- housing units, contract expertise, training, ing, the Secretary of Housing and Urban De- HOME INVESTMENT PARTNERSHIPS PROGRAM and technical assistance in the oversight and velopment may use up to $50,000,000 for For the HOME investment partnerships management of Indian housing and tenant- grants to public housing agencies (including program, as authorized under title II of the based assistance, including up to $200,000 for Indian housing authorities), nonprofit cor- Cranston-Gonzalez National Affordable related travel: Provided, That all balances porations, and other appropriate entities for Housing Act (Public Law 101–625), as amend- outstanding as of September 30, 1997, pre- a supportive services program to assist resi- ed, $1,500,000,000, to remain available until viously appropriated under the headings dents of public and assisted housing, former expended: Provided, That up to $7,000,000 ‘‘Annual Contributions for Assisted Hous- residents of such housing receiving tenant- shall be available for the development and ing’’, ‘‘Development of Additional New Sub- based assistance under section 8 of such Act operation of integrated community develop- sidized Housing’’, ‘‘Preserving Existing (42 U.S.C. 1437f), and other low-income fami- ment management information systems: Pro- Housing Development’’, ‘‘HOME Investment lies and individuals to become self-sufficient: vided further, That $15,000,000 shall be avail- Partnerships Program’’, ‘‘Emergency Shelter Provided, That the program shall provide able for Housing Counseling under section Grants Program’’, and ‘‘Homeless Assistance supportive services, principally for the bene- 106 of the Housing and Urban Development Funds’’, identified for Indian Housing Au- fit of public housing residents, to the elderly Act of 1968: Provided further, That up to thorities and other agencies primarily serv- and the disabled, and to families with chil- $10,000,000 shall be available to carry out a ing Indians or Indian areas, shall be trans- dren where the head of household would ben- demonstration program in which the Sec- ferred to and merged with amounts made efit from the receipt of supportive services retary makes grants to up to three non-prof- under this heading. and is working, seeking work, or is preparing it community development financial institu- INDIAN HOUSING LOAN GUARANTEE FUND for work by participating in job training or tions (as defined in section 103(5) of the Com- PROGRAM ACCOUNT educational programs: Provided further, That munity Development Banking and Financial For the cost of guaranteed loans, as au- the supportive services may include con- Institutions Act of 1994), selected on a non- thorized by section 184 of the Housing and gregate services for the elderly and disabled, competitive basis, to demonstrate methods Community Development Act of 1992 (106 service coordinators, and coordinated edu- of expanding homeownership opportunities July 16, 1997 CONGRESSIONAL RECORD — HOUSE H5315 for low-wealth borrowers, including expand- in duration: Provided further, That the Sec- For administrative expenses necessary to ing the secondary market for non-conform- retary may waive any provision of section carry out the guaranteed and direct loan ing home mortgage loans to low-wealth bor- 202 of the Housing Act of 1959 and section 811 program, $333,421,000, to be derived from the rowers: Provided further, That grantees shall of the National Affordable Housing Act (in- FHA-mutual mortgage insurance guaranteed have experience in working with lenders who cluding the provisions governing the terms loans receipt account, of which not to exceed make non-conforming loans to low-income and conditions of project rental assistance $326,309,000 shall be transferred to the appro- borrowers, have experience in expanding the and tenant-based assistance) that the Sec- priation for departmental salaries and ex- secondary market for such loans, have dem- retary determines is not necessary to penses; and of which not to exceed $7,112,000 onstrated success in carrying out such ac- achieve the objectives of these programs, or shall be transferred to the appropriation for tivities with non-Federal funds, and have that otherwise impedes the ability to de- the Office of Inspector General. demonstrated the ability to provide data on velop, operate or administer projects as- FHA—GENERAL AND SPECIAL RISK PROGRAM the performance of such loans sufficient to sisted under these programs, and may make ACCOUNT allow analysis of the investment risk of such provision for alternative conditions or terms (INCLUDING TRANSFERS OF FUNDS) loans. where appropriate: Provided further, That all obligated and unobligated balances remain- For the cost of guaranteed loans, as au- SUPPORTIVE HOUSING PROGRAM thorized by sections 238 and 519 of the Na- (RESCISSION) ing in either the ‘‘Annual Contributions for Assisted Housing’’ account or the ‘‘Develop- tional Housing Act (12 U.S.C. 1715z–3 and Of the funds made available under this ment of Additional New Subsidized Housing’’ 1735c), including the cost of loan guarantee heading in Public Law 102–389 and prior laws account for capital advances, including modifications (as that term is defined in sec- for the Supportive Housing Demonstration amendments to capital advances, for housing tion 502 of the Congressional Budget Act of Program, as authorized by the Stewart B. for the elderly, as authorized by section 202 1974, as amended), $81,000,000, to remain McKinney Homeless Assistance Act, of the Housing Act of 1959, as amended, and available until expended: Provided, That $6,000,000 of funds recaptured during fiscal for project rental assistance, and amend- these funds are available to subsidize total year 1998 shall be rescinded. ments to contracts for project rental assist- loan principal, any part of which is to be SHELTER PLUS CARE ance, for supportive housing for the elderly, guaranteed, of up to $17,400,000,000: Provided (RESCISSION) under section 202(c)(2) of such Act, shall be further, That any amounts made available in any prior appropriations Act for the cost (as Of the funds made available under this transferred to and merged with the amounts such term is defined in section 502 of the heading in Public Law 102–389 and prior laws for those purposes under this heading; and, Congressional Budget Act of 1974) of guaran- for the Shelter Plus Care program, as au- all obligated and unobligated balances re- teed loans that are obligations of the funds thorized by the Stewart B. McKinney Home- maining in either the ‘‘Annual Contributions established under section 238 or 519 of the less Assistance Act, $4,000,000 of funds recap- for Assisted Housing’’ account or the ‘‘Devel- National Housing Act that have not been ob- tured during fiscal year 1998 shall be re- opment of Additional New Subsidized Hous- ligated or that are deobligated shall be avail- scinded. ing’’ account for capital advances, including able to the Secretary of Housing and Urban HOMELESS ASSISTANCE GRANTS amendments to capital advances, for sup- portive housing for persons with disabilities, Development in connection with the making For the emergency shelter grants program as authorized by section 811 of the Cranston- of such guarantees and shall remain avail- (as authorized under subtitle B of title IV of Gonzales National Affordable Housing Act, able until expended, notwithstanding the ex- the Stewart B. McKinney Homeless Assist- and for project rental assistance, and amend- piration of any period of availability other- ance Act, as amended); the supportive hous- ments to contracts for project rental assist- wise applicable to such amounts. ing program (as authorized under subtitle C ance, for supportive housing for persons with Gross obligations for the principal amount of title IV of such Act); the section 8 mod- disabilities, as authorized under section 811 of direct loans, as authorized by sections erate rehabilitation single room occupancy of such Act, shall be transferred to and 204(g), 207(l), 238(a), and 519(a) of the National program (as authorized under the United merged with the amounts for those purposes Housing Act, shall not exceed $120,000,000; of States Housing Act of 1937, as amended) to under this heading. which not to exceed $100,000,000 shall be for assist homeless individuals pursuant to sec- bridge financing in connection with the sale tion 441 of the Stewart B. McKinney Home- OTHER ASSISTED HOUSING PROGRAMS of multifamily real properties owned by the less Assistance Act; and the shelter plus care RENTAL HOUSING ASSISTANCE Secretary and formerly insured under such program (as authorized under subtitle F of (RESCISSION) Act; and of which not to exceed $20,000,000 title IV of such Act), $823,000,000, to remain The limitation otherwise applicable to the shall be for loans to nonprofit and govern- available until expended. maximum payments that may be required in mental entities in connection with the sale HOUSING PROGRAMS any fiscal year by all contracts entered into of single-family real properties owned by the HOUSING FOR SPECIAL POPULATIONS under section 236 of the National Housing Secretary and formerly insured under such Act. (INCLUDING TRANSFER OF FUNDS) Act (12 U.S.C. 1715z–1) is reduced in fiscal year 1998 by not more than $7,350,000 in un- In addition, for administrative expenses For assistance for the purchase, construc- committed balances of authorizations pro- necessary to carry out the guaranteed and tion, acquisition, or development of addi- vided for this purpose in appropriation Acts: direct loan programs, $222,305,000, of which tional public and subsidized housing units Provided, That up to $125,000,000 of recaptured $218,134,000, including $25,000,000 for the en- for low income families under the United budget authority shall be canceled. forcement of housing standards on FHA-in- States Housing Act of 1937, as amended (42 sured multifamily projects, shall be trans- FLEXIBLE SUBSIDY FUND U.S.C. 1437), not otherwise provided for, ferred to the appropriation for departmental $839,000,000, to remain available until ex- (TRANSFER OF FUNDS) salaries and expenses; and of which $4,171,000 pended: Provided, That of the total amount From the Rental Housing Assistance Fund, shall be transferred to the appropriation for provided under this heading, $645,000,000 shall all uncommitted balances of excess rental the Office of Inspector General. be for capital advances, including amend- charges as of September 30, 1997, and any col- GOVERNMENT NATIONAL MORTGAGE ments to capital advance contracts, for hous- lections made during fiscal year 1998, shall ASSOCIATION ing for the elderly, as authorized by section be transferred to the Flexible Subsidy Fund, 202 of the Housing Act of 1959, as amended, as authorized by section 236(g) of the Na- GUARANTEES OF MORTGAGE-BACKED SECURITIES and for project rental assistance, and amend- tional Housing Act, as amended. LOAN GUARANTEE PROGRAM ACCOUNT ments to contracts for project rental assist- FEDERAL HOUSING ADMINISTRATION (INCLUDING TRANSFER OF FUNDS) ance, for supportive housing for the elderly During fiscal year 1998, new commitments under section 202(c)(2) of the Housing Act of FHA—MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT to issue guarantees to carry out the purposes 1959; and $194,000,000 shall be for capital ad- of section 306 of the National Housing Act, as vances, including amendments to capital ad- (INCLUDING TRANSFERS OF FUNDS) amended (12 U.S.C. 1721(g)), shall not exceed vance contracts, for supportive housing for During fiscal year 1998, commitments to $130,000,000,000. persons with disabilities, as authorized by guarantee loans to carry out the purposes of For administrative expenses necessary to section 811 of the Cranston-Gonzalez Na- section 203(b) of the National Housing Act, carry out the guaranteed mortgage-backed tional Affordable Housing Act, and for as amended, shall not exceed a loan principal securities program, $9,383,000, to be derived project rental assistance, and amendments of $110,000,000,000. from the Ginnie Mae-guarantees of mort- to contracts for project rental assistance, for During fiscal year 1998, obligations to gage-backed securities guaranteed loan re- supportive housing for persons with disabil- make direct loans to carry out the purposes ceipt account, of which not to exceed ities as authorized by section 811 of such Act: of section 204(g) of the National Housing Act, $9,383,000 shall be transferred to the appro- Provided further, That the Secretary may as amended, shall not exceed $200,000,000: priation for salaries and expenses. designate up to 25 percent of the amounts Provided, That the foregoing amount shall be POLICY DEVELOPMENT AND RESEARCH earmarked under this paragraph for section for loans to nonprofit and governmental en- 811 of such Act for tenant-based assistance, tities in connection with sales of single fam- RESEARCH AND TECHNOLOGY as authorized under that section, including ily real properties owned by the Secretary For contracts, grants, and necessary ex- such authority as may be waived under the and formerly insured under the Mutual penses of programs of research and studies next proviso, which assistance is five years Mortgage Insurance Fund. relating to housing and urban problems, not H5316 CONGRESSIONAL RECORD — HOUSE July 16, 1997 otherwise provided for, as authorized by title (1) in the third sentence, by striking ‘‘fis- the Armed Forces, for salary, pay, and allow- V of the Housing and Urban Development cal year 1997’’ and inserting ‘‘fiscal years 1997 ances of personnel assigned to it. Act of 1970, as amended (12 U.S.C. 1701z–1 et and 1998’’; and DEPARTMENT OF THE TREASURY seq.), including carrying out the functions of (2) in the last sentence, by striking ‘‘fiscal COMMUNITY DEVELOPMENT FINANCIAL the Secretary under section 1(a)(1)(i) of Re- year 1997’’ and inserting ‘‘fiscal years 1997 INSTITUTIONS organization Plan No. 2 of 1968, $39,000,000, to and 1998’’. remain available until September 30, 1999. SEC. 203. The part of the HUD 1996 Commu- COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND PROGRAM ACCOUNT FAIR HOUSING AND EQUAL OPPORTUNITY nity Development Block Grant to the State of Illinois which is administered by the State For grants, loans, and technical assistance FAIR HOUSING ACTIVITIES of Illinois Department of Commerce and to qualifying community development lend- For contracts, grants, and other assist- Community Affairs (grant number B–96–DC– ers, and administrative expenses of the ance, not otherwise provided for, as author- 170001) and which, in turn, was granted by Fund, $125,000,000, to remain available until ized by title VIII of the Civil Rights Act of the Illinois Department of Commerce and September 30, 1999, of which $20,000,000 may 1968, as amended by the Fair Housing Community Affairs to the city of Oglesby, Il- be used for the cost of direct loans, and up to Amendments Act of 1988, and section 561 of linois, located in LaSalle County, Illinois $1,000,000 may be used for administrative ex- the Housing and Community Development (State of Illinois Department of Commerce penses to carry out the direct loan program: Act of 1987, as amended, $30,000,000, to remain and Community Affairs grant number 96– Provided, That the cost of direct loans, in- available until September 30, 1999, of which 24104), for the purpose of providing infra- cluding the cost of modifying such loans, $15,000,000 shall be to carry out activities structure for a warehouse in Oglesby, Illi- shall be as defined in section 502 of the Con- pursuant to such section 561. No funds made nois, is exempt from the provisions of sec- gressional Budget Act of 1974: Provided fur- available under this heading shall be used to tion 104(g)(2), (g)(3), and (g)(4) of title I of the ther, That these funds are available to sub- lobby the executive or legislative branches Housing and Community Development Act of sidize gross obligations for the principal of the Federal Government in connection 1974 as amended. amount of direct loans not to exceed with a specific contract, grant or loan. SEC. 204. ANNUAL ADJUSTMENT FACTORS.— $53,000,000: Provided further, That not more MANAGEMENT AND ADMINISTRATION Section 8(c)(2)(A) of the United States Hous- than $40,000,000 of the funds made available SALARIES AND EXPENSES ing Act of 1937 is amended by inserting the under this heading may be used for programs following new sentences at the end: ‘‘In es- and activities authorized in section 114 of the (INCLUDING TRANSFER OF FUNDS) tablishing annual adjustment factors for Community Development Banking and Fi- For necessary administrative and non-ad- units in new construction and substantial re- nancial Institutions Act of 1994. ministrative expenses of the Department of habilitation projects, the Secretary shall CONSUMER PRODUCT SAFETY COMMISSION Housing and Urban Development, not other- take into account the fact that debt service SALARIES AND EXPENSES wise provided for, including not to exceed is a fixed expense. The immediately fore- $7,000 for official reception and representa- going sentence shall be effective only during For necessary expenses of the Consumer tion expenses, $1,005,826,000, of which fiscal year 1998.’’. Product Safety Commission, including hire $544,443,000 shall be provided from the var- SEC. 205. MINIMUM RENTS.—Section 402(a) of passenger motor vehicles, services as au- ious funds of the Federal Housing Adminis- of The Balanced Budget Downpayment Act, I thorized by 5 U.S.C. 3109, but at rates for in- tration, $9,383,000 shall be provided from (Public Law 104–99; 110 Stat. 40) is amended dividuals not to exceed the per diem rate funds of the Government National Mortgage by inserting ‘‘and fiscal year 1998’’ after ‘‘fis- equivalent to the maximum rate payable Association, and $1,000,000 shall be provided cal year 1997’’. under 5 U.S.C. 5376, purchase of nominal from the ‘‘Community Development Grants SEC. 206. HOME PROGRAM FORMULA.—The awards to recognize non-Federal officials’ Program’’ account. first sentence of section 217(b)(3) of the Cran- contributions to Commission activities, and OFFICE OF INSPECTOR GENERAL ston-Gonzalez National Affordable Housing not to exceed $500 for official reception and representation expenses, $44,000,000. (INCLUDING TRANSFER OF FUNDS) Act is amended by striking ‘‘only those ju- risdictions that are allocated an amount of ORPORATION FOR ATIONAL AND OMMUNITY For necessary expenses of the Office of In- C N C $500,000 or greater shall receive an alloca- SERVICE spector General in carrying out the Inspec- tion’’ and inserting in lieu thereof the fol- tor General Act of 1978, as amended, NATIONAL AND COMMUNITY SERVICE PROGRAMS lowing: ‘‘jurisdictions that are allocated an $66,850,000, of which $11,283,000 shall be pro- OPERATING EXPENSES amount of $500,000 or more, and participating vided from the various funds of the Federal (INCLUDING TRANSFER OF FUNDS) jurisdictions (other than consortia that fail Housing Administration and $10,000,000 shall to renew the membership of all of their For necessary expenses for the Corporation be provided from the amount earmarked for member jurisdictions) that are allocated an for National and Community Service (re- Operation Safe Home in the ‘‘Drug Elimi- amount less than $500,000, shall receive an al- ferred to in the matter under this heading as nation Grants for Low Income Housing’’ ac- location’’. the ‘‘Corporation’’) in carrying out pro- count. grams, activities, and initiatives under the TITLE III—INDEPENDENT AGENCIES OFFICE OF FEDERAL HOUSING ENTERPRISE National and Community Service Act of 1990 OVERSIGHT AMERICAN BATTLE MONUMENTS COMMISSION (referred to in the matter under this heading SALARIES AND EXPENSES SALARIES AND EXPENSES as the ‘‘Act’’) (42 U.S.C. 12501 et seq.), For necessary expenses, not otherwise pro- $400,500,000, to remain available until Sep- (INCLUDING TRANSFER OF FUNDS) vided for, of the American Battle Monu- tember 30, 1999: Provided, That not more than For carrying out the Federal Housing En- ments Commission, including the acquisition $29,000,000 shall be available for administra- terprise Financial Safety and Soundness Act of land or interest in land in foreign coun- tive expenses authorized under section of 1992, $16,312,000, to remain available until tries; purchases and repair of uniforms for 501(a)(4) of the Act (42 U.S.C. 12671(a)(4)): Pro- expended, to be derived from the Federal caretakers of national cemeteries and monu- vided further, That not more than $2,500 shall Housing Enterprise Oversight Fund: Pro- ments outside of the United States and its be for official reception and representation vided, That not to exceed such amount shall territories and possessions; rent of office and expenses: Provided further, That not more be available from the General Fund of the garage space in foreign countries; purchase than $69,000,000, to remain available without Treasury to the extent necessary to incur (one for replacement only) and hire of pas- fiscal year limitation, shall be transferred to obligations and make expenditures pending senger motor vehicles; and insurance of offi- the National Service Trust account for edu- the receipt of collections to the Fund: Pro- cial motor vehicles in foreign countries, cational awards authorized under subtitle D vided further, That the General Fund amount when required by law of such countries; of title I of the Act (42 U.S.C. 12601 et seq.), shall be reduced as collections are received $26,897,000, to remain available until ex- of which not to exceed $10,000,000 shall be during the fiscal year so as to result in a pended: Provided, That where station allow- available for national service scholarships final appropriation from the General Fund ance has been authorized by the Department for high school students performing commu- estimated at not more than $0. of the Army for officers of the Army serving nity service: Provided further, That not more ADMINISTRATIVE PROVISIONS the Army at certain foreign stations, the than $201,000,000 of the amount provided SEC. 201. DELAY REISSUANCE OF VOUCHERS same allowance shall be authorized for offi- under this heading shall be available for AND CERTIFICATES.— cers of the Armed Forces assigned to the grants under the National Service Trust pro- Section 403(c) of The Balanced Budget Commission while serving at the same for- gram authorized under subtitle C of title I of Downpayment Act, I is amended— eign stations, and this appropriation is here- the Act (42 U.S.C. 12571 et seq.) (relating to (A) by striking ‘‘fiscal years 1996 and 1997’’ by made available for the payment of such activities including the Americorps pro- and inserting ‘‘fiscal years 1996, 1997, and allowance: Provided further, That when trav- gram): Provided further, That not more than 1998’’; and eling on business of the Commission, officers $5,500,000 of the funds made available under (B) by inserting before the semicolon the of the Armed Forces serving as members or this heading shall be made available for the following: ‘‘and October 1, 1998 for assistance as Secretary of the Commission may be re- Points of Light Foundation for activities au- made available during fiscal year 1998’’. imbursed for expenses as provided for civil- thorized under title III of the Act (42 U.S.C. SEC. 202. SECTION 8 RENT ADJUSTMENTS.— ian members of the Commission: Provided 12661 et seq.): Provided further, That no funds Section 8(c)(2)(A) of the United States Hous- further, That the Commission shall reim- shall be available for national service pro- ing Act of 1937 is amended— burse other Government agencies, including grams run by Federal agencies authorized July 16, 1997 CONGRESSIONAL RECORD — HOUSE H5317 under section 121(b) of such Act (42 U.S.C. shall remain available until September 30, 104(i), 111(c)(4), and 111(c)(14) of CERCLA and 12571(b)): Provided further, That to the maxi- 1999: Provided, That $35,000,000 of the funds section 118(f) of SARA: Provided further, That mum extent feasible, funds appropriated appropriated under this heading shall be $35,000,000 of the funds appropriated under under subtitle C of title I of the Act shall be transferred to the National Institute of Envi- this heading shall be transferred to the provided in a manner that is consistent with ronmental Health Sciences to conduct and ‘‘Science and Technology’’ appropriation to the recommendations of peer review panels administer a comprehensive, peer-reviewed remain available until September 30, 1999: in order to ensure that priority is given to particulate matter research program. Provided further, That $85,000,000 of the funds programs that demonstrate quality, innova- ENVIRONMENTAL PROGRAMS AND MANAGEMENT appropriated under this heading shall be for tion, replicability, and sustainability: Pro- Brownfields assessments, training and ad- For environmental programs and manage- vided further, That not more than $18,000,000 ministrative expenses only: Provided further, ment, including necessary expenses, not oth- of the funds made available under this head- That none of the funds appropriated under erwise provided for, for personnel and related ing shall be available for the Civilian Com- this heading shall be available for the Agen- costs and travel expenses, including uni- munity Corps authorized under subtitle E of cy for Toxic Substances and Disease Reg- forms, or allowances therefore, as authorized title I of the Act (42 U.S.C. 12611 et seq.): Pro- istry to issue in excess of 40 toxicological by 5 U.S.C. 5901–5902; services as authorized vided further, That not more than $43,000,000 profiles pursuant to section 104(i) of CERCLA by 5 U.S.C. 3109, but at rates for individuals shall be available for school-based and com- during fiscal year 1998. not to exceed the per diem rate equivalent to munity-based service-learning programs au- the rate for GS–18; hire of passenger motor LEAKING UNDERGROUND STORAGE TANK thorized under subtitle B of title I of the Act vehicles; hire, maintenance, and operation of PROGRAM (42 U.S.C. 12521 et seq.): Provided further, aircraft; purchase of reprints; library mem- (INCLUDING TRANSFER OF FUNDS) That not more than $30,000,000 shall be avail- berships in societies or associations which For necessary expenses to carry out leak- able for quality and innovation activities au- issue publications to members only or at a ing underground storage tank cleanup activi- thorized under subtitle H of title I of the Act price to members lower than to subscribers ties authorized by section 205 of the (42 U.S.C. 12853 et seq.): Provided further, who are not members; construction, alter- Superfund Amendments and Reauthorization That not more than $5,000,000 shall be avail- ation, repair, rehabilitation, and renovation Act of 1986, and for construction, alteration, able for audits and other evaluations author- of facilities, not to exceed $75,000 per project; repair, rehabilitation, and renovation of fa- ized under section 179 of the Act (42 U.S.C. and not to exceed $6,000 for official reception cilities, not to exceed $75,000 per project, 12639): Provided further, That to the maxi- and representation expenses, $1,763,352,000, $60,000,000, to remain available until ex- mum extent practicable, the Corporation which shall remain available until Septem- pended: Provided, That no more than shall increase significantly the level of ber 30, 1999. $9,100,000 shall be available for administra- matching funds and in-kind contributions tive expenses. provided by the private sector, shall expand OFFICE OF INSPECTOR GENERAL significantly the number of educational For necessary expenses of the Office of In- OIL SPILL RESPONSE awards provided under subtitle D of title I, spector General in carrying out the provi- (INCLUDING TRANSFER OF FUNDS) and shall reduce the total Federal costs per sions of the Inspector General Act of 1978, as For expenses necessary to carry out the participant in all programs. amended, and for construction, alteration, Environmental Protection Agency’s respon- OFFICE OF INSPECTOR GENERAL repair, rehabilitation, and renovation of fa- sibilities under the Oil Pollution Act of 1990, cilities, not to exceed $75,000 per project, $15,000,000, to be derived from the Oil Spill For necessary expenses of the Office of In- $28,501,000, to remain available until Septem- Liability trust fund, and to remain available spector General in carrying out the Inspec- ber 30, 1999. until expended: Provided, That not more than tor General Act of 1978, as amended, BUILDINGS AND FACILITIES $9,000,000 of these funds shall be available for $2,000,000. administrative expenses. COURT OF VETERANS APPEALS For construction, repair, improvement, ex- tension, alteration, and purchase of fixed STATE AND TRIBAL ASSISTANCE GRANTS SALARIES AND EXPENSES equipment or facilities of, or for use by, the For environmental programs and infra- For necessary expenses for the operation of Environmental Protection Agency, structure assistance, including capitaliza- the United States Court of Veterans Appeals $182,120,000, to remain available until ex- tion grants for State revolving funds and as authorized by 38 U.S.C. sections 7251–7298, pended: Provided, That the Environmental performance partnership grants, $9,319,000, of which $790,000, shall be available Protection Agency is authorized to establish $3,026,182,000, to remain available until ex- for the purpose of providing financial assist- and construct a consolidated research facil- pended, of which $1,250,000,000 shall be for ance as described, and in accordance with ity at Research Triangle Park, North Caro- making capitalization grants for the Clean the process and reporting procedures set lina, at a maximum total construction cost Water State Revolving Funds under Title VI fourth, under this heading in Public Law 102– of $272,700,000, and to obligate such monies as of the Federal Water Pollution Control Act, 229. are made available by this Act for this pur- as amended, and $750,000,000 shall be for cap- DEPARTMENT OF DEFENSE—CIVIL pose. italization grants for the Drinking Water State Revolving Funds under section 1452 of CEMETERIAL EXPENSES, ARMY HAZARDOUS SUBSTANCE SUPERFUND the Safe Drinking Water Act, as amended; SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) $50,000,000 for architectural, engineering, For necessary expenses, as authorized by For necessary expenses to carry out the planning, design, construction and related law, for maintenance, operation, and im- Comprehensive Environmental Response, activities in connection with the construc- provement of Arlington National Cemetery Compensation, and Liability Act of 1980 tion of high priority water and wastewater and Soldiers’ and Airmen’s Home National (CERCLA), as amended, including sections facilities in the area of the United States- Cemetery, including the purchase of two pas- 111 (c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. Mexico Border, after consultation with the senger motor vehicles for replacement only, 9611), and for construction, alteration, re- appropriate border commission; $50,000,000 and not to exceed $1,000 for official reception pair, rehabilitation, and renovation of facili- for grants to the State of Texas, which shall and representation expenses, $11,815,000, to ties, not to exceed $75,000 per project; not to be matched by an equal amount of State remain available until expended. exceed $1,500,699,000, to remain available funds from State resources, for the purpose ENVIRONMENTAL PROTECTION AGENCY until expended, consisting of $1,250,699,000, as of improving wastewater treatment for authorized by section 517(a) of the Superfund colonias; $15,000,000 for grants to the State of SCIENCE AND TECHNOLOGY Amendments and Reauthorization Act of Alaska to address drinking water and (INCLUDING TRANSFER OF FUNDS) 1986 (SARA), as amended by Public Law 101– wastewater infrastructure needs of rural and For science and technology, including re- 508, and $250,000,000 as a payment from gen- Alaska Native Villages as provided by sec- search and development activities, which eral revenues to the Hazardous Substance tion 303 of Public Law 104–182; $160,925,000 for shall include research and development ac- Superfund as authorized by section 517(b) of making grants for the construction of tivities under the Comprehensive Environ- SARA, as amended by Public Law 101–508: wastewater and water treatment facilities mental Response, Compensation, and Liabil- Provided, That funds appropriated under this and the development of groundwater in ac- ity Act of 1980 (CERCLA), as amended; nec- heading may be allocated to other Federal cordance with the terms and conditions spec- essary expenses for personnel and related agencies in accordance with section 111(a) of ified for such grants in the report accom- costs and travel expenses, including uni- CERCLA: Provided further, That $11,641,000 of panying this Act; and $750,257,000 for grants forms, or allowances therefore, as authorized the funds appropriated under this heading to States, federally recognized tribes, and air by 5 U.S.C. 5901–5902; services as authorized shall be transferred to the ‘‘Office of Inspec- pollution control agencies for multi-media by 5 U.S.C. 3109, but at rates for individuals tor General’’ appropriation to remain avail- or single media pollution prevention, control not to exceed the per diem rate equivalent to able until September 30, 1999: Provided fur- and abatement and related activities pursu- the rate for GS–18; procurement of labora- ther, That notwithstanding section 111(m) of ant to the provisions set forth under this tory equipment and supplies; other operating CERCLA or any other provision of law, heading in Public Law 104–134 and for mak- expenses in support of research and develop- $80,000,000 of the funds appropriated under ing grants under section 103 of the Clean Air ment; construction, alteration, repair, reha- this heading shall be available to the Agency Act for particulate matter monitoring and bilitation, and renovation of facilities, not to for Toxic Substances and Disease Registry to data collection activities: Provided, That, be- exceed $75,000 per project, $656,223,000, which carry out activities described in sections ginning in fiscal year 1998 and thereafter H5318 CONGRESSIONAL RECORD — HOUSE July 16, 1997 from funds appropriated under this heading, SALARIES AND EXPENSES night. At this time we would present the Administrator is authorized to make For necessary expenses, not otherwise pro- the conforming amendment in order to grants to federally recognized Indian govern- vided for, including hire and purchase of comply with the reference made by the ments for the development of multi-media motor vehicles as authorized by 31 U.S.C. gentleman from Wisconsin last night environmental programs: Provided further, 1343; uniforms, or allowances therefor, as au- relative to his original motion. That, hereafter, the funds available under thorized by 5 U.S.C. 5901–5902; services as au- The amendment of Mr. OBEY last this heading for grants to States, federally thorized by 5 U.S.C. 3109, but at rates for in- recognized tribes, and air pollution control dividuals not to exceed the per diem rate night would remove the earmark of the agencies for multi-media or single media pol- equivalent to the rate for GS–18; expenses of wind tunnel and the conforming lution prevention, control, and abatement attendance of cooperating officials and indi- amendment removes the appropriation and related activities may also be used for viduals at meetings concerned with the work related to it. the direct implementation by the Federal of emergency preparedness; transportation Mr. Chairman, I yield back the bal- Government of a program required by law in in connection with the continuity of Govern- ance of my time. the absence of an acceptable State or tribal ment programs to the same extent and in the The CHAIRMAN. The question is on program. same manner as permitted the Secretary of a the amendment offered by the gen- WORKING CAPITAL FUND Military Department under 10 U.S.C. 2632; and not to exceed $2,500 for official reception tleman from Ohio [Mr. STOKES]. Under this heading in Public Law 104–204, The question was taken; and the delete the following: the phrases, ‘‘franchise and representation expenses, $171,773,000. Chairman announced that the ayes ap- fund pilot to be known as the’’; ‘‘as author- OFFICE OF INSPECTOR GENERAL peared to have it. ized by section 403 of Public Law 103–356,’’; For necessary expenses of the Office of In- and ‘‘as provided in such section’’; and the spector General in carrying out the Inspec- Mr. LEWIS of California. Mr. Chair- final proviso. After the phrase, ‘‘to be avail- tor General Act of 1978, as amended, man, I demand a recorded vote. able’’, insert ‘‘without fiscal year limita- $4,803,000. The CHAIRMAN. Pursuant to House tion’’. EMERGENCY MANAGEMENT PLANNING AND Resolution 184, further proceedings on EXECUTIVE OFFICE OF THE PRESIDENT ASSISTANCE the amendment offered by the gen- OFFICE OF SCIENCE AND TECHNOLOGY POLICY For necessary expenses, not otherwise pro- tleman from Ohio [Mr. STOKES] will be For necessary expenses of the Office of vided for, to carry out activities under the postponed. Science and Technology Policy, in carrying National Flood Insurance Act of 1968, as Mr. KENNEDY of Massachusetts. Mr. out the purposes of the National Science and amended, and the Flood Disaster Protection Chairman, I ask unanimous consent Technology Policy, Organization, and Prior- Act of 1973, as amended (42 U.S.C. 4001 et that we be allowed to go back to title ities Act of 1976 (42 U.S.C. 6601 and 6671), hire seq.), the Robert T. Stafford Disaster Relief II. I am sorry, I was on my way over of passenger motor vehicles, and services as and Emergency Assistance Act (42 U.S.C. when I got a phone call saying that we authorized by 5 U.S.C. 3109, not to exceed 5121 et seq.), the Earthquake Hazards Reduc- $2,500 for official reception and representa- tion Act of 1977, as amended (42 U.S.C. 7701 et were moving through title I. I was won- tion expenses, and rental of conference seq.), the Federal Fire Prevention and Con- dering if the Chairman would offer us rooms in the District of Columbia, $4,932,000. trol Act of 1974, as amended (15 U.S.C. 2201 et that consideration. COUNCIL ON ENVIRONMENTAL QUALITY AND seq.), the Defense Production Act of 1950, as The CHAIRMAN. Is there objection OFFICE OF ENVIRONMENTAL QUALITY amended (50 U.S.C. App. 2061 et seq.), sec- to the request of the gentleman from For necessary expenses to continue func- tions 107 and 303 of the National Security Massachusetts? tions assigned to the Council on Environ- Act of 1947, as amended (50 U.S.C. 404–405), Mr. SENSENBRENNER. Mr. Chair- mental Quality and Office of Environmental and Reorganization Plan No. 3 of 1978, man, I object. Quality pursuant to the National Environ- $321,646,000: Provided, That for purposes of The CHAIRMAN. Objection is heard. mental Policy Act of 1969, the Environ- pre-disaster mitigation pursuant to 42 U.S.C. 5131 (b) and (c) and 42 U.S.C. 5196 (e) and (i), The Clerk will read. mental Quality Improvement Act of 1970, and The Clerk read as follows: Reorganization Plan No. 1 of 1977, $2,506,000: $50,000,000 of the funds made available under Provided, That notwithstanding section 202 of this heading shall be available until ex- EMERGENCY FOOD AND SHELTER PROGRAM the National Environmental Policy Act of pended for project grants for State and local To carry out an emergency food and shel- 1970, the Council shall consist of one mem- governments, and $60,000,000 of the funds ter program pursuant to title III of Public ber, appointed by the President, by and with made available under this heading shall be Law 100–77, as amended, $100,000,000: Provided, the advice and consent of the Senate, serving available until expended for planning and That total administrative costs shall not ex- as Chairman and exercising all powers, func- construction costs of a full-scale windstorm ceed three and one-half percent of the total tions, and duties of the Council. simulation center in conjunction with the appropriation. Partnership for Natural Disaster Reduction. FEDERAL DEPOSIT INSURANCE CORPORATION NATIONAL FLOOD INSURANCE FUND b OFFICE OF INSPECTOR GENERAL 1215 (INCLUDING TRANSFER OF FUNDS) (INCLUDING TRANSFER OF FUNDS) AMENDMENT OFFERED BY MR. STOKES For activities under the National Flood In- For necessary expenses of the Office of In- Mr. STOKES. Mr. Chairman, I offer surance Act of 1968, the Flood Disaster Pro- spector General in carrying out the provi- an amendment. tection Act of 1973, and the National Flood sions of the Inspector General Act of 1978, as Insurance Reform Act of 1994, not to exceed The CHAIRMAN. The Chair would in- $21,610,000 for salaries and expenses associ- amended, $34,365,000, to be derived from the quire of the gentleman, is it the Bank Insurance Fund, the Savings Associa- ated with flood mitigation and flood insur- amendment originally suggested by the ance operations, and not to exceed $78,464,000 tion Insurance Fund, and the FSLIC Resolu- gentleman from Minnesota [Mr. tion Fund. for flood mitigation, including up to VENTO]? $20,000,000 for expenses under section 1366 of FEDERAL EMERGENCY MANAGEMENT AGENCY Mr. STOKES. Mr. Chairman, this the National Flood Insurance Act, which DISASTER RELIEF would be the conforming amendment amount shall be available for transfer to the For necessary expenses in carrying out the that was referenced by the gentleman National Flood Mitigation Fund until Sep- Robert T. Stafford Disaster Relief and Emer- tember 30, 1999. In fiscal year 1998, no funds from Wisconsin [Mr. OBEY] last night gency Assistance Act (42 U.S.C. 5121 et seq.), in excess of (1) $47,000,000 for operating ex- $500,000,000, and, notwithstanding 42 U.S.C. when he presented his other part of penses, (2) $375,165,000 for agents’ commis- 5203, to remain available until expended. this particular amendment. sions and taxes, and (3) $50,000,000 for inter- The Clerk read as follows: DISASTER ASSISTANCE DIRECT LOAN PROGRAM est on Treasury borrowings shall be avail- ACCOUNT Amendment offered by Mr. STOKES: able from the National Flood Insurance Fund On page 57, line 12, strike all after ‘‘govern- without prior notice to the Committees on For the cost of direct loans, $1,495,000, as ments’’ through ‘‘Reduction’’ on line 17. Appropriations. For fiscal year 1998, flood in- authorized by section 319 of the Robert T. surance rates shall not exceed the level au- Stafford Disaster Relief and Emergency As- Mr. STOKES. Mr. Chairman, my col- thorized by the National Flood Insurance Re- sistance Act: Provided, That such costs, in- leagues will recall that last night when form Act of 1994. cluding the cost of modifying such loans, the gentleman from Wisconsin [Mr. Section 1309(a)(2) of the National Flood In- shall be as defined in section 502 of the Con- OBEY] presented his amendment that surance Act (42 U.S.C. 4016 (a)(2)), as amend- gressional Budget Act of 1974, as amended: he referenced the fact that in order to ed by Public Law 104–208, is further amended Provided further, That these funds are avail- perfect it to the wind tunnel that he by striking the date ‘‘1997’’ and inserting in able to subsidize gross obligations for the lieu thereof the date ‘‘1998’’. principal amount of direct loans not to ex- would have to have a conforming ceed $25,000,000. amendment. This is a conforming ADMINISTRATIVE PROVISION In addition, for administrative expenses to amendment in order to perfect the The Director of the Federal Emergency carry out the direct loan program, $341,000. amendment which he sponsored last Management Agency shall promulgate July 16, 1997 CONGRESSIONAL RECORD — HOUSE H5319 through rulemaking a methodology for as- Amendment offered by Mr. SENSEN- Mr. LEWIS of California. Mr. Chair- sessment and collection of fees to be assessed BRENNER: man, I move to strike the last word. and collected beginning in fiscal year 1998 Page 61, line 13, insert ‘‘(reduced by Mr. Chairman, I would urge Members $100,000,000)’’ after ‘‘$5,426,500,000’’. applicable to persons subject to the Federal as well as those in Members’ offices Emergency Management Agency’s radiologi- Mr. SENSENBRENNER. Mr. Chair- who might be watching this discussion cal emergency preparedness regulations. The man, this amendment reduces the aggregate charges assessed pursuant to this to focus on this amendment with great amount for human space flight by $100 care. The gentleman from Wisconsin section during fiscal year 1998 shall approxi- million to eliminate the request that mate, but not be less than, 100 per centum of [Mr. SENSENBRENNER] and I share in has been made by someone for Russian the amounts anticipated by the Federal common a great interest in our work in program assurance in the Space Sta- Emergency Management Agency to be obli- space. We also have had many a discus- tion Program. The $100 million was not gated for its radiological emergency pre- sion and share both interest and con- requested either by NASA or by the ad- paredness program for such fiscal year. The cern about international space station methodology for assessment and collection ministration, but suddenly appeared in and that international partnership of fees shall be fair and equitable, and shall the appropriation bill as a result of that has been formed with the United reflect the full amount of costs of providing some negotiations that I do not think States and a number of our allies re- radiological emergency planning, prepared- we really have gotten the full expla- garding our work in space. It is my ness, response and associated services. Such nation for. fees shall be assessed in a manner that re- Let me say that if this amendment is concern that there are economic dif- flect the use of agency resources for classes ficulties relative to some in that part- of regulated persons and the administrative adopted, NASA will get every penny for the space station that it has requested. nership and especially the Russian part costs of collecting such fees. Fees received of that partnership. Having expressed pursuant to this section shall be deposited in The amendment allows for the full the general fund of the Treasury as offset- funding of the space station, and I that concern in many a forum, I none- ting receipts. Assessment and collection of think that NASA ought to be held ac- theless suggest that this amendment such fees are only authorized during fiscal countable for the request that it has which would affect $100 million relative year 1998. made and to build the space station ac- to the Russian program for assurance GENERAL SERVICES ADMINISTRATION cording to the budget line that it has could very well have a serious impact CONSUMER INFORMATION CENTER FUND announced for a number of years. upon that partnership. For necessary expenses of the Consumer The real shame that has occurred Indeed, we are attempting to make Information Center, including services au- during the debate on this appropriation sure that we continue with a founda- thorized by 5 U.S.C. 3109, $2,419,000, to be de- bill, in my opinion, is that some people tion of international partnership in a posited into the Consumer Information Cen- have alleged that reducing the line for solid way that allows space station to ter Fund: Provided, That the appropriations, Russian program assurance places the progress on a schedule and calendar revenues and collections deposited into the that will assure, indeed, its success. I fund shall be available for necessary ex- space station in jeopardy. penses of Consumer Information Center ac- Let me say that I have consistently am most concerned that this action tivities in the aggregate amount of $7,500,000. supported fully funding the space sta- could itself impact dramatically the Appropriations, revenues, and collections ac- tion since day one. That continues to partnership and, in turn, could affect cruing to this fund during fiscal year 1998 in be my position. I believe we need a the schedule for the station. excess of $7,500,000 shall remain in the fund space station led by the United States Mr. Chairman, I would love to hear and shall not be available for expenditure ex- and that the space station design that from the Science Committee. If all cept as authorized in appropriations Acts: NASA has been with for the last 31⁄2 those things should occur, I would love Provided further, That notwithstanding any years is a good one. We ought to fund to hear from the committee what their other provision of law, the Consumer Infor- game plan is at the other end in terms mation Center may accept and deposit to it, we ought to build it, and we ought this account, during fiscal year 1998 and to put it in orbit. of assuring station success. hereafter, gifts for the purpose of defraying On the other hand, I am very con- Now further, it is my view that if its costs of printing, publishing, and distrib- cerned that money in the reserves for this partnership should unravel be- uting consumer information and educational the space station are being used to fi- cause of some untoward action, and in- materials and undertaking other consumer nance patching up failures of the Rus- deed we could find ourself in a cir- information activities; may expend those sian Government to do what it agreed cumstance where station is not just de- gifts for those purposes, in addition to to do, and by having $100 million extra layed, station could be undermined it- amounts appropriated or otherwise made in the space station account we are self, and that in turn could have a hor- available; and the balance shall remain available for expenditure for such purpose. just encouraging the Russians to con- rendous impact upon NASA’s work. tinue to delay and default because they With all those things in mind, I know NATIONAL AERONAUTICS AND SPACE ADMINISTRATION know that the American taxpayer will the membership is most sensitive HUMAN SPACE FLIGHT end up picking up the tab for it. about just how successful we are being I am opposed to it. I think that the For necessary expenses, not otherwise pro- these days in space. None of us would vided for, in the conduct and support of majority of the American people are have asked for a Mir accident, the trag- human space flight research and develop- opposed to it. This is a question of ac- edy that we have experienced there. At ment activities, including research, develop- countability of NASA. NASA should the same time, all of us who focused on ment, operations, and services; maintenance; tell the Congress and tell the American that accident know that as a result of construction of facilities including repair, public exactly how much the agree- that we have learned a great deal. We rehabilitation, and modification of real and ment that they made with the Russians could not have asked for a more pro- personal property, and acquisition or con- is costing the American taxpayer. Giv- ductive and valuable experiment in demnation of real property, as authorized by ing them $100 million more in Russian law; space flight, spacecraft control and terms of that kind of difficulty and po- communications activities including oper- program assurance will just delay that tential in space. day of reckoning. ations, production, and services; and pur- b 1230 chase, lease, charter, maintenance and oper- I would urge the adoption of this ation of mission and administrative aircraft, amendment that just is a straight re- None of us could be more excited $5,426,500,000, to remain available until Sep- duction of the $100 million, will be used than I am about the mission to Mars tember 30, 1999. to reduce the deficit if there is a and the tremendous message it sends AMENDMENT OFFERED BY MR. SENSENBRENNER lockbox amendment that ends up being to the world about America’s future in Mr. SENSENBRENNER. Mr. Chair- approved. I think that this is prudent space. But, indeed, it is very important man, I offer an amendment. policy, and it also will make NASA ac- that we not unilaterally take some un- Mr. LEWIS of California. Mr. Chair- countable for the money that it spends. toward action that could indeed under- man, I reserve a point of order on the Mr. LEWIS of California. Mr. Chair- mine the pathway we are on at this amendment. man, first let me withdraw my point of point in time. The CHAIRMAN. Point of order is re- order. This is a different amendment Mr. SENSENBRENNER. Mr. Chair- served. The Clerk will report the than I anticipated. man, will the gentleman yield? amendment. The CHAIRMAN. The point of order Mr. LEWIS of California. I yield to The Clerk read as follows: is withdrawn. the gentleman from Wisconsin. H5320 CONGRESSIONAL RECORD — HOUSE July 16, 1997 Mr. SENSENBRENNER. Mr. Chair- bia orbits the Earth on a 16-day scientific mis- every single one of us here on Earth. The man, just a couple of questions. If the sion. Space is the future of research and de- international space station will allow for even gentleman from California [Mr. LEWIS] velopment of new technologies. greater breakthroughs via scientific experi- can tell the membership of the House, We all know the problems of the Russian ments in space. Human space flight if critical did the administration request this $100 economy. We know why there are delays on to performing necessary and beneficial re- million for NASA program assurance? the delivery of their flight hardware. None of search experiments in space and should be Mr. LEWIS of California. President us like having to make these contingency increasingly funded. When the Space Shuttle Clinton’s administration did not. plans. But bear in mind, the delays caused by Columbia lands successfully today, the crew Mr. SENSENBRENNER. Did NASA, Russia's inability to make good on their com- will have completed valuable scientific experi- which is part of the administration, re- mitments cost us money, as well. Our Russian ments and research that benefits everyone. quest the $100 million for Russian pro- Program Assurance funds are not a blank The international space station promises to be gram assurance? check. They are, in fact, a prudent attempt to ever more valuable to each and every one of Mr. LEWIS of California. NASA does keep the project moving forward at a point us here on Earth. tell me that the administration does when over 200,000 pounds of flight hardware By now, everyone is familiar with the suc- support the $100 million in their state- has already been constructed. NASA tells us cessful landing of the Pathfinder Explorer on ment of administration policy on this that waiting until the Russians are able to de- Mars. We have all seen the fantastic pictures bill. Frankly, I get different messages liver the Service Module will cost the U.S. of the geological feature and rocks on the red from different locations. But NASA is $300 million. That would be the result of the planet. Would this be possible if we did not supporting that policy position. passage of this amendmentÐmore costs and adequately fund NASAÐno. The national and Mr. SENSENBRENNER. So the longer delays. international excitement that this mission has President did not request it, but NASA We have an interim control module under generated has been phenomenal. It is esti- is supporting the $100 million. I think development and other Step 1 contingency mated that NASA's Jet Propulsion Laboratory the administration ought to get its act plans in the works. The passage of this web site, which displays pictures from Mars, together and hope the amendment amendment would end production on the ICM will break the record for numbers of individuals being adopted will help them do that. and many of the contingencies, placing the to log into a specific web site. Funding of Mr. LEWIS of California. Reclaiming space station and our entire investment thus NASA is crucial to our continued leadership in my time, Mr. Chairman, I might sug- far on the fragile shoulders of Russia. space. Funding of the Russian Program As- gest that the gentleman and I are in Mr. Speaker, I'm not willing to do that. It surance is crucial to the continued inter- agreement on his last statement. But doesn't make sense. national efforts of the international space sta- frankly, where we do the coordinating Finally, this amendment takes money from tion. is maybe the disagreement here. I one NASA account and places it into an- The CHAIRMAN. The question is on frankly have the highest level of con- otherÐand does so against NASA's wishes. the amendment offered by the gen- fidence in the work that is being done There is no budget savings involved. This is a tleman from Wisconsin [Mr. SENSEN- by NASA at this moment, and, indeed, strike at the very heart of our commitment to BRENNER]. it seems to me if we find ourselves in a the international space station. That's what is The question was taken; and the situation where we need to review this on the line when you cast your vote. Chairman announced that the noes ap- further, we certainly could readdress We didn't kill the space station back in April. peared to have it. the question at conference. In fact, we demonstrated strong, bipartisan Mr. SENSENBRENNER. Mr. Chair- In the meantime, at this point I support. And now my colleagues ask us to man, I demand a recorded vote. would urge the Members to be most chill the space station? I would encourage my The CHAIRMAN. Pursuant to House cautious about dealing with a small colleagues to keep progress on the space sta- Resolution 184, further proceedings on figure in the total circumstance of our tion red hot. the amendment offered by the gen- entire budget but a very sizeable figure Ms. JACKSON-LEE of Texas. Mr. Chair- tleman from Wisconsin [Mr. SENSEN- in terms of flexibility we need in deal- man, I do not believe that it is appropriate to BRENNER] will be postponed. ing with space station, and the prob- cut the funding of NASA. It is true that the PARLIAMENTARY INQUIRY lems with this partnership. Indeed, this members of the Appropriations Committee Mr. VENTO. Mr. Chairman, par- is an item that is ahead of its time. I saw the need to include additional funding for liamentary inquiry. urge the Members to vote ‘‘no’’ on the NASA's Human Space Flight, $100 million, for The CHAIRMAN. The gentleman will amendment. Russian Program Assurance [RPA], and state the parliamentary inquiry. Mr. LAMPSON. Mr. Chairman, I intended to Science, Aeronautics and Technology, $48 Mr. VENTO. Mr. Chairman, on page speak on my opposition to the Rohrabacher- million programs. We must keep in mind that 57, line 21, I have an amendment. Have Roemer amendment. This amendment was even though this may seem to be a significant we read to that point in the bill yet? promoted to the members of this body in a let- addition, the budget of NASA over the last few The CHAIRMAN. The reading has ter headlined ``If You Won't Kill It, Chill It.'' years has been systematically cut. However, progressed beyond that point. Mr. VENTO. This is in the same title. What the sponsors of this amendment fail to NASA has been able to continue forward with The CHAIRMAN. The Chair was sim- remember is that earlier in this session, we its involvement and leadership in the inter- ply stating an answer to the gentle- had a referendum on the international space national space station. man’s question. station. It was proposed by my good friend As a Step I contingency activity do to the Mr. VENTO. Are we on page 61, line from Indiana. His amendment to kill the space Russian Service Module delay, the U.S. Naval 13? station was soundly rejected. This body has Research Laboratory is constructing the In- The CHAIRMAN. The human space made a commitment to the space station. We terim Control Module [ICM] of the space sta- flight paragraph is pending. have done so, I believe, because we realize tion. Without these funds for fiscal year 1998, Mr. VENTO. I have an amendment at the space station is the next step for scientific NASA would be forced to terminate the activity the desk that amends that as well as a and technological discoveries. which could jeopardize the entire international previous line in the bill. Is this amend- While we debate this issue on the floor of space station international effort. It would ment in order at this time, Mr. Chair- the House today, the Pathfinder is sending us place the entire international team in a posi- man? It has been printed in the new and valuable information about Mars. I tion of having to solely depend on the Russian RECORD. am sure we all agree the Pathfinder has been delivery of the service module. The valuable The CHAIRMAN. Only by unanimous a complete success so far. America's fascina- research that will result from the international consent. tion with space has been rekindled. Internet space station would be in seriously jeopardy. Mr. VENTO. I ask unanimous consent sites that posted pictures from the mission Just think of the Space Shuttle Columbia to offer this amendment in this title, have been overwhelmed by people who want- that lifted off on the first of this month and is Mr. Chairman, in that it amends this ed to see them. That fascination encourages currently flying over our heads even as we particular provision. students to work harder and scientists to be speak. This is a good first step to the many The CHAIRMAN. Is there objection daring in finding the solutions that have eluded scientific experiments that will take place on to the request of the gentleman from mankind here on Earth. the international space station. The experi- Minnesota? And while we debate this issue on the floor ments that are currently taking place, right Mr. LEWIS of California. Mr. Chair- of the House today, the Space Shuttle Colum- now, on the manned space shuttle will benefit man, I reserve the right to object. July 16, 1997 CONGRESSIONAL RECORD — HOUSE H5321 Mr. GILMAN. Mr. Chairman. human space flight programs and science, tify, and obtain prior approval from The CHAIRMAN. The gentleman aeronautical, and technology programs, in- the Committee on Science before uti- from California [Mr. LEWIS] has the cluding research operations and support; lizing the transfer authority contained time under his reservation to the unan- space communications activities including in this legislation. operations, production and services; mainte- In this way, the committees will be imous-consent request of the gen- nance; construction of facilities including re- tleman from Minnesota [Mr. VENTO]. pair, rehabilitation, and modification of fa- able to hold NASA accountable for any The gentleman from California [Mr. cilities, minor construction of new facilities decision to transfer funds into the LEWIS] controls the time. and additions to existing facilities, facility space station account. Is it the distin- Mr. GILMAN. Mr. Chairman, will the planning and design, environmental compli- guished subcommittee chairman’s com- gentleman from California [Mr. LEWIS] ance and restoration, and acquisition or con- mitment, based upon our agreement, yield? demnation of real property, as authorized by not to support any conference report The CHAIRMAN. There is a unani- law; program management; personnel and re- for H.R. 2158 which contains NASA lated costs, including uniforms or allowances transfer authority unless it also in- mous-consent request pending before therefor, as authorized by 5 U.S.C. 5901–5902; the House. The gentleman from Min- travel expenses; purchase, lease, charter, cludes report language requiring prior nesota [Mr. VENTO] can withdraw his maintenance, and operation of mission and approval, on a case-by-case basis, by unanimous-consent request for the administrative aircraft; not to exceed $35,000 the Committee on Appropriations and time being. for official reception and representation ex- the Committee on Science of any Mr. VENTO. Mr. Chairman, I with- penses; and purchase (not to exceed 33 for re- transfers by NASA? draw my unanimous-consent request. placement only) and hire of passenger motor Mr. LEWIS of California. Mr. Chair- Mr. GILMAN. Mr. Chairman, I ask vehicles; $2,513,200,000, to remain available man, will the gentleman yield? until September 30, 1999. unanimous consent to submit a state- Mr. SENSENBRENNER. I yield to ment in support of the Solomon OFFICE OF INSPECTOR GENERAL the gentleman from California. amendment that was taken up in title For necessary expenses of the Office of In- Mr. LEWIS of California. Mr. Chair- spector General in carrying out the Inspec- man, let me respond to the gentleman I, and ask that my statement be made tor General Act of 1978, as amended, part of the RECORD. from Wisconsin [Mr. SENSENBRENNER]. $18,300,000. Based upon our agreement, it is my in- The CHAIRMAN. Is there objection ADMINISTRATIVE PROVISIONS to the request of the gentleman from tention to encourage the conference to (INCLUDING TRANSFER OF FUNDS) New York? have report language that involves Notwithstanding the limitation on the There was no objection. such oversight of any transfer respon- availability of funds appropriated for sibility. I expect I will be successful Mr. VENTO. Mr. Chairman, I renew ‘‘Human space flight’’, ‘‘Science, aeronautics my unanimous-consent request. and technology’’, or ‘‘Mission support’’ by with that effort. The CHAIRMAN. The gentleman this appropriations Act, when any activity The gentleman has my assurances from California [Mr. LEWIS] reserves has been initiated by the incurrence of obli- that the conference on H.R. 2158 will the right to object, and controls the gations for construction of facilities as au- contain the language, insofar as I can time. thorized by law, such amount available for convince the entire conference. I will Mr. VENTO. Mr. Chairman, will the such activity shall remain available until ex- be very surprised if they are not re- pended. This provision does not apply to the gentleman yield? sponsive. amounts appropriated in ‘‘Mission support’’ In addition, I feel the gentleman Mr. LEWIS of California. I yield to pursuant to the authorization for repair, re- the gentleman from Minnesota. should know that with this right does habilitation and modification of facilities, go our responsibility to deal in an ex- Mr. VENTO. Mr. Chairman, I did sub- minor construction of new facilities and ad- peditious manner on any agency re- mit this amendment for the RECORD ditions to existing facilities, and facility yesterday. What it seeks to do is to re- planning and design. quest, and ask that the gentleman give duce funding for the manned space pro- Mr. SENSENBRENNER. Mr. Chair- me his assurance that he will deal with gram and transfer some money in the man, I move to strike the last word. any such transfer request quickly. Mr. SENSENBRENNER. Mr. Chair- FEMA emergency food and shelter pro- Mr. Chairman, I would like to engage man, the gentleman does have my as- gram. the gentleman in a colloquy. surance of that. I thank the gentleman Mr. LEWIS of California. Reclaiming Mr. Chairman, the chairman of the from California. I appreciate the new my time, Mr. Chairman, I would say to Subcommittee on VA, HUD and Inde- requirement that both the House ap- the gentleman that we have received pendent Agencies of the Committee on propriators and authorizers for NASA encouragement on both sides of the Appropriations and I reached an agree- ment on the NASA transfer authority must improve future transfers. aisle from our leadership to proceed as Mr. BROWN of California. Mr. Chair- rapidly as possible, and indeed, we have contained in H.R. 2158 for the Inter- national Space Station which allows man, will the gentleman yield? proceeded very rapidly this morning. Mr. SENSENBRENNER. I yield to the NASA administrator to transfer up We have two other bills that need to be the gentleman from California. completed by Thursday. Because of to $150 million from the science, aero- Mr. BROWN of California. Mr. Chair- that, I would have to object. nautics, and technology account and man, I thank the gentleman for yield- The CHAIRMAN. Objection is heard. the mission support account to the ing to me. The Clerk will read. International Space Station Program. Mr. Chairman, I just want to indicate The Clerk read as follows: This authority is contained on page 64, my own support for the position that SCIENCE, AERONAUTICS AND TECHNOLOGY lines 8 through 22 of the Union Cal- the gentleman has taken with regard endar bill. For necessary expenses, not otherwise pro- to the transfer authority. I also appre- vided for, in the conduct and support of I agreed not to raise a point of order ciate the fact that he has reached science, aeronautics and technology research against the transfer authority in ex- agreement with the gentleman from change for a commitment by the gen- and development activities, including re- California [Mr. LEWIS], and I certainly search, development, operations, and serv- tleman from California [Mr. LEWIS] will do everything that I can to help ices; maintenance; construction of facilities that any conference report to H.R. 2158 implement the agreement that has including repair, rehabilitation, and modi- containing transfer authority language fication of real and personal property, and been reached. would require NASA to obtain approval Mr. SENSENBRENNER. I thank the acquisition or condemnation of real prop- from both the House Committee on erty, as authorized by law; space flight, gentleman from California. spacecraft control and communications ac- Science, in addition to approval from Mr. ROHRABACHER. Mr. Chairman, tivities including operations, production, the Committee on Appropriations. will the gentleman yield? and services; and purchase, lease, charter, This agreement is critical to protect Mr. SENSENBRENNER. I yield to maintenance and operation of mission and the oversight responsibilities of the au- the gentleman from California. administrative aircraft, $5,690,000,000, to re- thorization committee, and I thank the Mr. ROHRABACHER. Mr. Chairman, main available until September 30, 1999. chairman of the Subcommittee on VA, I thank the gentleman for yielding to MISSION SUPPORT HUD and Independent Agencies for his me. For necessary expenses, not otherwise pro- assurances that will require the NASA Mr. Chairman, there will be a vote on vided for, in carrying out mission support for administrator to formally request, jus- this floor on the amendment offered by H5322 CONGRESSIONAL RECORD — HOUSE July 16, 1997 the gentleman from Wisconsin [Mr. and has indicated the desire to contrib- Credit Union Central Liquidity Facility Act SENSENBRENNER] on the amendment ute considerably more money than the (12 U.S.C. 1795), shall not exceed $600,000,000: that he was kind enough to offer on my United States. Government has at this Provided, That administrative expenses of behalf a few moments ago. I hope my point. the Central Liquidity Facility in fiscal year 1998 shall not exceed $203,000. colleagues would look at this very I would like to further clarify the closely. chairman’s intent regarding the inter- NATIONAL SCIENCE FOUNDATION It is the hope where authorizers who action of these three agencies with the RESEARCH AND RELATED ACTIVITIES have spent a lot of time trying to de- foundation. My experience over the For necessary expenses in carrying out the termine priorities for America’s space past 6 years has been that certain Fed- National Science Foundation Act of 1950, as program were ignored, and basically amended (42 U.S.C. 1861–1875), and the Act to eral agencies have been more inclined establish a National Medal of Science (42 one appropriator was able to use his to develop new programs for funding U.S.C. 1880-1881); services as authorized by 5 power to change the priorities; where I United States-Mexico cooperation, U.S.C. 3109; maintenance and operation of have the greatest respect for the gen- rather than utilizing this existing aircraft and purchase of flight services for tleman from California [Mr. LEWIS], we foundation. I would attribute these research support; acquisition of aircraft; have a disagreement on what that pri- tendencies, I hope not unjustly, to typ- $2,537,700,000, of which not to exceed ority should be in this particular case. ical bureaucratic self-protection. $228,530,000 shall remain available until ex- I hope those people would stand up for Is it the chairman’s intention to en- pended for Polar research and operations support, and for reimbursement to other a system that works and a system that courage these agencies to provide fi- is responsible; that is, with the author- Federal agencies for operational and science nancial support to the foundation and support and logistical and other related ac- izers as part of the process, and support to take advantage of the foundation’s tivities for the United States Antarctic pro- the Rohrabacher amendment when it proven track record for developing and gram; the balance to remain available until comes to a vote. supporting joint research agendas be- September 30, 1999: Provided, That receipts The CHAIRMAN. The Clerk will read. tween the United States and Mexico? for scientific support services and materials The Clerk read as follows. Mr. LEWIS of California. If the gen- furnished by the National Research Centers Nothwithstanding the limitation on the tleman will continue to yield, Mr. and other National Science Foundation sup- ported research facilities may be credited to availability of funds appropriated for Chairman, I appreciate my colleague ‘‘Human space flight’’, ‘‘Science, aeronautics this appropriation: Provided further, That to and technology’’, or ‘‘Mission support’’ by having this colloquy regarding the the extent that the amount appropriated is this appropriations Act, the amounts appro- United States-Mexico Foundation and less than the total amount authorized to be priated for construction of facilities shall re- our attempt to provide some funding appropriated for included program activities, main available until September 30, 2000. flows for its work. all amounts, including floors and ceilings, Notwithstanding the limitation on the Mr. Chairman, $1 million is provided specified in the authorizing Act for those availability of funds appropriated for ‘‘Mis- in the bill from each of the areas of the program activities or their subactivities sion support’’ and ‘‘Office of Inspector Gen- bill’s responsibility that the gentleman shall be reduced proportionally. eral’’, amounts made available by this Act AMENDMENT OFFERED BY MR. LEWIS OF for personnel and related costs and travel ex- has mentioned: EPA, NASA, and NSF. It is absolutely my intention to see CALIFORNIA penses of the National Aeronautics and Mr. LEWIS of California. Mr. Chair- Space Administration shall remain available that these funds flow to the foundation until September 30, 1998 and may be used to in order to coordinate these efforts. man, I offer an amendment. enter into contracts for training, investiga- The gentleman from California [Mr. The Clerk read as follows: tions, costs associated with personnel reloca- BROWN] has been most effective in en- Amendment offered by Mr. LEWIS of Cali- tion, and for other services, to be provided couraging this kind of work, helping us fornia: during the next fiscal year. On page 65, line 18, after ‘‘$2,537,700,000’’ in- better to deal with problems that we sert ‘‘(reduced by $174,000)’’. Mr. BROWN of California. Mr. Chair- have along the United States-Mexican b man, I move to strike the last word. border. There is no question that this 1245 Mr. Chairman, I do this for the pur- sort of prioritization is long past due. Mr. LEWIS of California. Mr. Chair- pose of entering into a colloquy with It it is my intention to work closely man, I believe my colleagues on both the distinguished chairman of the Sub- with the gentleman to make sure these sides of the aisle know that there are committee on VA, HUD, and Independ- agencies work in a cooperative manner. few Members who have more support ent Agencies of the Committee on Ap- Mr. BROWN of California. Mr. Chair- and admiration for the work of the Na- propriations, if the gentleman is will- man, I thank the gentleman very much tional Science Foundation. It is re- ing. Mr. LEWIS of California. Mr. Chair- for his clarification and continued sup- flected not only in our work on the man, will the gentleman yield? port. I hope the message will penetrate floor but in the work of our sub- Mr. BROWN of California. I yield to down to the lowest levels of the bu- committee as well. the gentleman from California. reaucracy. But from time to time even the best Mr. LEWIS of California. I would be The CHAIRMAN. The Clerk will read. of our agencies find themselves going happy to, if the gentleman makes sure The Clerk read as follows. astray. And it was not very long ago I know the subjects. Upon the determination by the Adminis- that just such a misstep or misdirec- Mr. BROWN of California. Mr. Chair- trator that such action is necesssary, the Ad- tion took place at NSF in the applica- man, this has to do with the funding ministrator may, with the approval of the tion process for grants that are part of which the bill provides for the United Office of Management and Budget, transfer their responsibility. not to exceed $150,000,000 of funds made It was my colleague the gentleman States-Mexico Foundation for Science. available in this Act to the National Aero- from Missouri [Mr. CLAY] from the Mr. Chairman, I rise for the purpose nautics and Space Administration for of engaging in a colloquy with my good ‘‘Science, aeronautics and technology’’ and other side of the aisle who brought this friend, the gentleman from California ‘‘Mission support’’ to ‘‘Human space flight’’ matter to our attention. And indeed [Mr. LEWIS], and chairman of the Ap- for the International Space Station program, this is not a partisan consideration but propriations subcommittee. I want to to be merged with and to be available for the a concern by a number of Members on commend the chairman for including same purposes, and for the same time period, both sides of the aisle. in this legislation the small sum of $1 as the appropriation to which transferred: The purpose of this amendment is to million each from the National Science Provided, That such authority may not be address a problem that developed when used unless for higher priority items than a grant, as it went forward, caused a Foundation, the Environmental Pro- those for which originally appropriated: Pro- tection Agency, and NASA for the vided further, That the Administrator shall cross-section of academics to address United States-Mexico Foundation for notify the Congress promptly of all transfers themselves to some 200 districts across Science. The foundation funds Mexican made pursuant to this authority. the country, essentially going into and American researchers on projects NATIONAL CREDIT UNION ADMINISTRATION communities asking community lead- of mutual interest and benefit, and has CENTRAL LIQUIDITY FACILITY ers why they had not considered run- received support from the two govern- During fiscal year 1998, gross obligations of ning against the person who was in of- ments since 1991. the Central Liquidity Facility for the prin- fice, regardless of party affiliation— I might interject that the Mexican cipal amount of new direct loans to member Democrat or Republican—extending government has been very supportive credit unions, as authorized by the National probes that, to say the least, have July 16, 1997 CONGRESSIONAL RECORD — HOUSE H5323 caused a great deal of consternation in gress, then that is fine, but do not use from helping rogue countries develop districts around the Nation. the taxpayers’ money for it. These uni- nuclear weapons. But let us deal with It is my view that use of dollars in versities that these two individuals that in the foreign relations and for- this form, that cross lines, that appear work for certainly ought to sponsor a eign affairs legislation that comes be- to be essentially almost anti-incum- project such as this, if it is so great fore this body. Let us not continue to bent, are more than disconcerting to and so needed in terms of research and send $1 billion, now, between Mir, rents the body. This amendment is designed study. for Mir, which is not working very to send a message rather than any- I will support the gentleman’s well, between the Russian contingency thing else. It is my intention to discuss amendment and encourage others to do funds, the Russian assurance fund and this matter further as we go forward the same because to me it makes no to reward the Russians for further from here. sense to spend this kind of taxpayer delays that cost our taxpayers more Mr. BROWN of California. Mr. Chair- money when we are cutting budgets, and more money to put up the space man, will the gentleman yield? when we are cutting out Pell grants for station. Mr. LEWIS of California. I yield to worthy people who ought to be going to I am very, very concerned that we the gentleman from California. college, when we are cutting food continue to, one, go above the $2.1 bil- Mr. BROWN of California. Mr. Chair- stamps, when we are cutting all other lion cap on the space station that we man, let me say to the gentleman that kinds of worthy programs. I just think have had bipartisan support for; sec- this matter which he has raised here we are wasting the taxpayers’ money ond, that we create more and more for- has been brought to my attention very in this instance, and I thank the gen- eign aid in this particular budget for forcibly by a number of my friends and tleman for yielding to me. the Russians for delaying their pro- colleagues across party lines here in Mr. LEWIS of California. Mr. Chair- gram and not doing a good job in com- the House. I have been torn by the need man, I intend to not debate this any pleting the space station on time and to make a decision as to what is hap- further except to say that I hope that their components of the space station. pening here. the Members would support the amend- And third, Mr. Chairman, I think Let me explain why. Generally ment by way of a voice vote. It is our that we continue to find ways in the speaking, I support good peer reviewed intention to send a message here and budget process to get around the au- social science research by the National hope that we can be effective in doing thorizers; that the appropriators sit Science Foundation. that. down and they say, well, I know Con- Mr. LEWIS of California. Mr. Chair- Mr. ROEMER. Mr. Chairman, I move gress has agreed to a $2.1 billion cap man, I know the gentleman does. to strike the last word. but we are going to create these new Mr. BROWN of California. In this Mr. Chairman, I apologize for being funds that somehow finagle around particular case, Mr. Chairman, I think late to address the Sensenbrenner that agreed-to, bipartisan, watchdog there was the most inept foresight with amendment. I would like to speak for a jurisdictional cap that we put on be- regard to the impact of a research few minutes on the Sensenbrenner fore. I think that that really flies in grant that I have ever seen. I think amendment. I think it is an extremely the face of what the authorizers are that we do need to send a message to important amendment for the body to here to do and what Congress has been the National Science Foundation that be informed of and to make a very, able to achieve by putting a cap on the on issues of great delicacy, which they very calculated and careful decision. space station in terms of expenditures. should have perceived this would be, PARLIAMENTARY INQUIRY I would encourage my colleagues to there needs to be some action to pre- Mr. ROEMER. Mr. Chairman, I have vote for the Sensenbrenner amendment pare the proper attitude within the a parliamentary inquiry. to make sure that this $100 million Members of Congress for this sort of The CHAIRMAN. The gentleman will does not get transferred overseas, does thing. That was not done in this par- state it. not reward the Russians for bad, poor ticular case. Mr. ROEMER. The parliamentary in- performance in completing their seg- I hope that the action that the gen- quiry is, Is this the foreign aid bill that ments of the international space sta- tleman contemplates will convey the we are currently debating? tion. message to the National Science Foun- The CHAIRMAN. The gentleman is It is almost as if we have gone full dation that while we support good re- not stating a parliamentary inquiry. cycle from the 1950’s. In the 1950’s, the search, including good social science Mr. ROEMER. Mr. Chairman, the United States and the Russians com- research, we think there should be reason I ask that is, I think we are peted due to Sputnik. We both had some good judgment displayed over going to get to that bill in a few min- horse races to see who could put a man there in setting the groundwork for utes. The reason I ask that is, in read- on the Moon first. We have gone full such items that may turn out to be ing through the report language on the cycle now to the United States tax- controversial with the Members of Con- VA–HUD bill, on page 88 we have ref- payers subsidizing the Russian pro- gress. erences to the Russian program assur- gram, not based upon performance, not Mr. LEWIS of California. I believe ance. We have had a Russian contin- based upon trying to keep the Russian the gentleman has capsulized my in- gency fund. We have had a Russian pro- scientists out of trouble but based upon tent. A message is really my intent. gram assurance fund. Here we are talk- poor performance, based upon delays Mr. CLAY. Mr. Chairman, will the ing about $200 million because the Rus- and with the intent to get around the gentleman yield? sians are delayed and behind schedule. congressionally bipartisan, agreed-to Mr. LEWIS of California. I yield to It is completely opposite of the stel- $2.1 billion cap on the space station. the gentleman from Missouri. lar success that we have had on Mars My parliamentary inquiry, Mr. Mr. CLAY. Mr. Chairman, I rise in Pathfinder. I met with the director of Chairman, was, I think, an appropriate support of the gentleman’s amend- the Jet Propulsion Laboratory this though facetious one. We cannot con- ment. I want to make it clear from the morning here in Washington and we tinue to turn NASA into a back door beginning that I have been very sup- discussed the wonderful success of foreign aid program. They are doing portive down through the years of the NASA in putting the Rover on Mars. too many good things with Mars Path- National Science Foundation. But this They stayed within a $267 million budg- finder, with Galileo, with the repairs particular kind of incident has caused et and they did phenomenal things for on the Hubbell, with the demands that me to have some second thoughts the country and for science and tech- we must have on NASA to find ways to about the wisdom of all of the grants nology. But with this bill, this Russian resurrect our manned space program that they have been permitting. assurance program, we are turning this because men and women in space are If there is one thing we do not need bill more and more into a foreign aid, important. I would encourage my col- in this country, that is more Members, a back door foreign aid program for leagues to voted for the Sensenbrenner more people to run for Congress than Russia. amendment. presently run for Congress. I think that I do not mind helping out Russia. I ANNOUNCEMENT BY THE CHAIRMAN if people wanted to determine whether do not mind making sure, Mr. Chair- The CHAIRMAN. The Chair would re- or not a person ought to run for Con- man, that we keep Russian scientists mind Members that there is a pending H5324 CONGRESSIONAL RECORD — HOUSE July 16, 1997 amendment before the Committee of maybe a message needed to be sent bers of the House. I also want to com- the gentleman from California, and merely because so many Members have mend those members of the White would suggest to Members that that become upset. I have been through this House who have joined with him in the amendment be dealt with prior to process many times in the past where number of letters that have come to other discussions. Members would get upset with a re- both the gentleman from California Mr. FRANK of Massachusetts. Mr. search study involving the sex habits [Mr. LEWIS] and myself relative to this Chairman, I move to strike the req- of Eskimos or the sex life of the screw particular issue. uisite number of words. worm or something like that, or just I do not think that anyone in the Mr. Chairman, I do want to address the title. House has given greater support to the this amendment and I want to oppose Mr. FRANK of Massachusetts. Has National Science Foundation than I it. A lot of my good friends are in- the subject of nude beaches for Eski- have as the ranking member on this volved. I must say, I think the heat mos ever come before the body? subcommittee. Over a number of years may be penetrating this building. Mr. BROWN of California. Mr. Chair- I have had the pleasure and privilege of Maybe we ought to check the air-condi- man, I do not recall that it has. But giving strong support to the National tioning. this body can get very excited about Science Foundation. I think they do an Last night by a very large majority something and when they do, using outstanding job. I think that those pro- we involved ourselves in whether or their awesome powers, they frequently grams are necessary programs. But I not there should be a nude beach at a make some major mistakes. That may think in this case they overstep their particular location. Prior to that I had be the case in this situation. But all we bounds. always thought the expression a Mem- can do is try to help to educate the They overreached and they funded ber ‘‘voting to cover his rear’’ was Members of the body that there may something that would have been better metaphoric. Last night we apparently have been some validity in this re- funded by private sources. I think they decided to make that literal. search and hope that in the future they could have gone to the Democratic We also passed an amendment yester- will scrutinize these more carefully. Party and the Republican Party and day in which I think we voted that the Mr. FRANK of Massachusetts. Mr. asked for funding for this project. It is Earth was flat. We told the United Na- Chairman, I thank the gentleman. also strange to me that, if the science tions to get out of here with this bio- The point I want to make is that this that is being promoted by these two sphere stuff, and the black helicopter is just not something we are good at or professors is so good, why neither one members scored a victory. Today it should try to do. Even if Members of their universities wanted to fund it. It does not seem to me that this seems to me we will err again. think that in a particular research ought to fall within the category of The proponents have said we should project they made a mistake, we all taxpayer funded research, and for that send a message. The message we are understand that we are legitimately reason I think the gentleman has a sending is that we have run out of motivated by politics and electoral good amendment, I support the amend- things to legislate on that are of seri- considerations. If we were not, we ment, and ask Members to pass the ous waste, or that we cannot decide would not be serving democracy well. tough issues and we are going to go off amendment. That is not a criterion that has any Mr. CLAY. Mr. Chairman, I move to into a series of, I think, kind of silly place in the selection of research sub- strike the requisite number of words. byways. jects. Mr. Chairman, the argument just ad- Let me say first with regard to this I would hope we could maintain a dis- vanced, that this may not be a proper National Science Foundation amend- tinction that we would get the best subject matter for us to make inquiry, ment, obviously this is involved with a people we can, give them their re- to me just is not logical. Not only is it particular project, one where someone sources. I can understand an argument a poor choice of subject that has been presumed to study congressional elec- that says political science, although it decided on by the National Science tions. I must confess that I know one of once nurtured me, is not really a suit- Foundation in awarding this grant for the authors and think highly of him, able subject for the National Science almost $200,000, it is an affront to every and he reminded me that I taught him Foundation at all. But once we have Member of this Congress. political science, so perhaps I have a put them in that business, for us to say Because these two professors start real conflict of interest here. But it we will pick and choose and if we are with the premise that we are not get- was a very long time ago. offended by a particular subject, even ting the best qualified people to serve I say that because, having read the if Members may think it was a poor in Congress, and that is what this proposal, I think it is a perfectly rea- choice of subjects, I think it is an un- study is about. They are saying they sonable one. But that is not the point wise power for us to get into exercis- are going to take $200,000 of taxpayers’ I want to make. The point I want to ing. money, go out and find the best quali- make is that judging whether or not We then invite people who disagree fied people to run for Congress and particular academic research projects with any choice of subject to come to then encourage them to do just that. are good or bad is really not one of the us and set us up, as I said, as a kind of They even talk about going back after things we are best at. The notion that ultimate academic appeal council. I they select who these individuals this body should set itself up as a kind would hope that we would stop telling should be, going back into the districts of appellate research council is, I people what they have to wear when and taking them to lunch or to dinner think, one of the worst I have heard in they swim and we would not try to re- to ask them why they are not running a long time. pudiate the roundness of the Earth and for Congress. We do some things very well. I think that we would also refrain from inter- So I think we have a legitimate and this body serves democracy in a very, vening in the selection of individual re- a perfect right to question whether or very impressive way. I think we meet a search projects. not the taxpayers’ money is being pretty strong standard as we deal with b spent in this kind of an abuse. the value questions, as we deal with re- 1300 If I might, I will engage the chairman source allocations. But I do not think I do believe that on the whole the of the committee and the ranking that we make a very good set of aca- country will be worse off rather than member of the committee in a brief demic censors. better if we become the ultimate aca- colloquy. Mr. BROWN of California. Mr. Chair- demic council. In support of the gentleman’s amend- man, will the gentleman yield? Mr. STOKES. Mr. Chairman, I move ment from California, I would like to Mr. FRANK of Massachusetts. I yield to strike the requisite number of inquire, would it be correct to say that to the gentleman from California. words. in the context of the balanced budget Mr. BROWN of California. Mr. Chair- Mr. Chairman, I rise in support of the agreement that it has been more dif- man, I want to compliment the gen- Lewis amendment. I want to start by ficult to find funding for many worth- tleman for his statement. I tried to be commending the gentleman from Mis- while projects, agencies and programs, somewhat statesmanlike in addressing souri [Mr. CLAY] for having brought including the National Science Foun- the problem, but I conceded that this matter to the attention of Mem- dation? July 16, 1997 CONGRESSIONAL RECORD — HOUSE H5325 Mr. LEWIS of California. Mr. Chair- atively small, that $194,000 could have of Americans that have found them- man, will the gentleman yield? helped to address more significant selves economic and social casualties Mr. CLAY. I yield to the gentleman needs. in our society and, in fact, has brought from California. Mr. LEWIS of California. If the gen- them back into the mainstream and Mr. LEWIS of California. Mr. Chair- tleman will yield further, I would fol- given them the wherewithal to not fall man, I believe my ranking member and low up on the gentleman from Ohio’s between the cracks and fail in our com- I both would very much agree with comments by saying that I have had munities. that. discussions with absolutely the highest Furthermore, it is based on the pri- Mr. CLAY. Mr. Chairman, reclaiming level within the National Science vate nonprofit efforts, which are oper- my time, would it also be accurate to Foundation, and there is no question ating on overload these days, if we say that the National Science Founda- that there is embarrassment at the have paid attention, in our cities and tion, which has been very instrumental highest level relative to the way this our rural byways, trying to respond to in advancing the frontiers of scientific pattern developed. And, indeed, not the desperate needs of people that are knowledge that has enabled the United just the results but the format of the without shelter and sometimes without States to maintain its role as a pre- study that came from this grant is con- a meal. This program has been so effec- eminent world leader in scientific siderably different than some thought tive, Mr. Chairman, in leveraging those knowledge and knowhow has, over the it would be. dollars, in not taking on the program years, received broad-based support Mr. VENTO. Mr. Chairman, I move to as a Federal program, as so often hap- from many Members of this body, in- strike the requisite number of words pens when the Federal Government cluding myself? and I rise in support of this amend- gets involved, but in fact building upon Mr. STOKES. Mr. Chairman, will the ment. a solid framework of these private gentleman yield? Mr. Chairman, I am disappointed groups. Mr. CLAY. I yield to the gentleman that the National Science Foundation And who are these groups in terms of from Ohio. has not been more careful with regard the charitable council that manages Mr. STOKES. Mr. Chairman, we both to its grant process and the sensitivity these dollars? It is Catholic Charities, know, that is the gentleman from Cali- and impact which a candidate recruit- the Council of Jewish Federations the fornia and I, that the record will show ment topic would have in this House. I Salvation Army, and the Church of that the gentleman from Missouri has must say, generally I think it is a good Christ in the U.S.A. These are the indeed been a strong advocate on be- agency in our Government supporting groups that are managing and using half of scientific research and the Na- important programs. these dollars through the charitable tional Science Foundation. Mr. Chairman, I wanted to point out council. And it has been remarkably Mr. CLAY. Mr. Chairman, again re- specifically, in taking a few minutes successful with a very low administra- claiming my time, would the gentle- here, I know that we are very con- tive cost and bringing people along out men concur that as funding for pro- cerned about moving forward with the of homelessness and into self suffi- grams becomes even more difficult, bill, and I thought we had had good co- ciency. that it is important that agencies be operation, but I am deeply dis- Now, surely we have not solved the more sensitive to that reality and that appointed that the previous request problems of homelessness, but we have they exercise greater care in the types that I made for consideration, even prevented and helped a lot of people of activities they become involved in though we are in the same title, that move from beyond that particular cir- and the kinds of projects they support, title III was not granted and that we cumstance in our society. even though those projects may tech- had moved so quickly on the bill ahead Unhappily, because of the technical nically be within their charters? that I did not have a chance to talk procedures on the floor today, because Mr. LEWIS of California. Mr. Chair- about the program, the manned space I could not anticipate that we would man, if the gentleman will continue to program, which is $100 million over the not be considering the other amend- yield, I know the gentlemen from Mis- amount requested by the administra- ments, I have been refused the oppor- souri and the gentleman from Ohio are tion, and an opportunity to transfer tunity, the consideration I think that the best of friends, but separate from some of the money to the emergency is very reasonable, that I requested in that, I am sure my ranking member food and shelter program that FEMA the same title to offer this particular and I absolutely agree with the gentle- operates. amendment. So we are really denying man’s position. Mr. Chairman, this is the 10th anni- the opportunity to debate this, to con- Mr. CLAY. Mr. Chairman, continuing versary of the McKinney Homeless Pro- sider the homeless out of order. with this dialog, are the gentlemen gram, the emergency food and shelter We have actually cut back these aware of a project funded by the Na- program, since it was first incor- funds from 1995. The problems have not tional Science Foundation called the porated into a 1987 law. Actually, our gone away. Ironically, in a good econ- Candidate Emergence Study? former colleague, Congressman Ed Bo- omy, very often we find with housing Mr. STOKES. Yes, that study has land, was the one that initiated the shortages that rents go up, so those been brought to the attention of both program in the early 1980’s and I that have these problems have more se- the gentleman from California and my- worked to authorize a similar initia- vere problems; and those that have dis- self. tive at that time. abilities. And as good as the programs Mr. CLAY. Do the gentlemen join Frankly, we should be celebrating work in terms of integrating people with me in questioning the wisdom of the success of that program today and into our communities, in terms of the Federal Government spending providing some additional dollars to at mainstreaming them, we find that peo- money to determine why people do not least bring it back to the 1995 level. ple sometimes make mistakes, some- run for Congress, at the same time we But we are not going to be able to even times oversights, and these programs are being forced to make painful have a vote or a debate, quite frankly, are really the safety net that choices, such as reducing support for on that subject, other than the context undergirds our opportunity to treat school lunches for hungry children and in which I am speaking at this point, people in a responsible manner in reducing the amount of money avail- because of the lack of consideration for terms of meeting their dignity food able to provide shelter for homeless offering such amendment in the title. shelter or health care needs. people throughout this country? It is a program, I think, that most of These are remarkably successful pro- Mr. STOKES. Yes, both the gen- us recognize that has had good success. grams. I think they reflect the best of tleman from California and I would Often I think there is a discussion what we are about in terms of building concur in the gentleman’s judgment about whether there is compassion fa- on private sector, nonprofit, religious that such a study does not reflect the tigue with regard to programs like the organizations that have dealt with this critical needs and priorities currently homeless. But I would hasten to point problem throughout its history. And it confronting us. And even though the out to my colleagues that this program is too bad this House has not got the amount of money used to fund the Can- is really very successful in the sense time today to debate amendments of didate Emergence Study may be rel- that it has dealt with tens of thousands this nature which are so fundamental. H5326 CONGRESSIONAL RECORD — HOUSE July 16, 1997 We can authorize and make promises. ruary of this year and BMDO was uti- Would the chairman lend his active These are promises that have been lizing the satellite, there was not an support to our effort in this regard? kept, I might say, with FEMA and the opportunity for NASA to use this Mr. LEWIS of California. If the gen- emergency food and shelter program. spacecraft. Given that NASA and tleman would continue to yield, first They were there when we needed them BMDO have already signed a memoran- let my say that I appreciate the gen- in floods or catastrophies, and they dum of agreement for the cooperative tleman bringing this matter to my at- have been there for many, many other exploitation of environmental data tention. I have a special appreciation reasons but we need them for human from MSX, and that BMDO has identi- for his concern about a report that in- catastrophies too. But it is too bad we fied that there will be over 50 percent volves each region. Indeed, I appreciate cannot take the time today to debate, availability of MSX for other users, the his bringing it to my attention, And I that I have to do it under these cir- timing seems perfect for the utilization look forward to working with the gen- cumstances try under a different of MSX by NASA. tleman. amendment. But I did not think that Mr. BARR of Georgia. Reclaiming my b 1315 this bill should go by without at least time, I would further request that if it my comments with regard to the home- Mr. LEWIS of California. If the gen- is found that there are certain regions less across this Nation. They need are tleman will yield further, it is clear not performing section 314 projects, help not a technical ruling that doesn’t that NASA needs to seize upon this op- that the chairman would work with me permit their consideration. portunity to utilize this important in conference to author report lan- Mr. BARTLETT of Maryland. Mr. spacecraft. I will work this conference guage which would specify a specific Chairman, I move to strike the req- to include language instructing NASA dollar amount for section 314 projects. uisite number of words. to incorporate the midcourse space ex- Would the chairman assist in this re- Mr. Chairman, I would like to engage periment into the Mission Planet gard, as well? the chairman in a colloquy for a few Earth Program. Mr. LEWIS of California. If the gen- moments. I must say further to the gentleman tleman would continue to yield, I look As the chairman may know, as part that I do not pretend to have the exper- forward to working with the gentleman of H.R. 1275, the Civilian Space Author- tise that the gentleman from Maryland further. And the answer is, yes. ization Act, which the House passed by [Mr. BARTLETT] has, let alone NASA Mr. BARR of Georgia. I thank the voice vote, there was a provision which has, in this subject area. But, indeed, gentleman. I appreciate the chairman’s authorized appropriations of $8 million the gentleman has piqued my atten- assistance, and I yield back the balance for the continued operation of the mid- tion, as well as my interest, and I look my time. Ms. JACKSON-LEE of Texas. Mr. course space experiment satellite with- forward to working with the gen- Chairman, I move to strike the req- in the Mission to Planet Earth at Na- tleman. uisite number of words. tional Aeronautics and Space Adminis- Mr. BARTLETT of Maryland. I thank tration. I thank the chairman very much, and the gentleman from California [Mr. I want to particularly thank the gen- MSX was constructed for the Ballis- LEWIS] very much. tic Missile Defense Organization with a tleman from California [Mr. LEWIS] and Mr. BARR of Georgia. Mr. Chairman, certainly the gentleman from Ohio cryogenically cooled infrared sensor. I move to strike the requisite number [Mr. STOKES], the ranking member, for As expected, the cryogen expired in of words to engage the gentleman from February of this year, thereby render- what proves to be a very unique set of California [Mr. LEWIS] in a colloquy. appropriations and with special chal- ing that part of the satellite inoper- Mr. Chairman, I rise to seek a clari- ative. With the loss of the infrared sen- lenges. fication on the appropriations for the Mr. Chairman, this is addressed to sor, BMDO’s use of MSX is now lim- EPA Clean Lakes Program which is ited. However, there is the availability the gentleman from California [Mr. made available under the State and LEWIS], and I would certainly appre- of a lot of other sensor capability on Tribal Assistance Grants. It is my un- the satellite, including the ciate having an opportunity to enter derstanding that moneys made avail- into a colloquy with him. But let me hyperspectral imaging system, which able under the Clean Lakes Program shows great promise as part of the Mis- just say that issues dealing with hous- can be allocated to section 314 pro- ing are very important, and there are sion to Planet Earth. grams. Is that correct? While MSX would not replace any many of us who have a great deal of Mr. LEWIS of California. Mr. Chair- specific portion of the MTPE constella- concern because in our districts we are man, will the gentleman yield? tion, it would give NASA the oppor- shortchanged on public housing, Mr. BARR of Georgia. I yield to the tunity to utilize MSX’s unique whether it is section 8 vouchers or pub- gentleman from California. hyperspectral imaging system at a rel- lic housing itself. Mr. LEWIS of California. That is cor- atively low cost. This system is fully I appreciate the good work of this functional and could help address nu- rect, that moneys under the Clean Committee on Appropriations, and par- merous scientific and operational con- Lakes Program can be allocated to sec- ticularly appreciate the work of the cerns NASA will have to resolve. tion 314 programs. Committee on Housing and Urban De- Mr. LEWIS of California. Mr. Chair- Mr. BARR of Georgia. Reclaiming my velopment, with the leadership of the man, will the gentleman yield? time, it is my further understanding gentleman from Massachusetts [Mr. Mr. BARTLETT of Maryland. I yield that it may be the case that certain KENNEDY] and the good work that he to the gentleman from California. EPA regions are not using the afore- has done, disappointed that he is not Mr. LEWIS of California. Mr. Chair- mentioned moneys for section 314 pro- able, as I was not able, to offer an man, the gentleman has discussed this grams. This raises very serious con- amendment, and I hope that this will matter with me personally, and there cerns as to why the EPA in certain re- be cured. is little question that MSX represents gions of the country would refuse to But I wanted to offer an amendment an opportunity for NASA to incor- fund 314 projects. dealing with increasing, in a com- porate an already constructed space- I would ask the gentleman, as chair- promised fashion, HUD section 8 rental craft into the Mission to Planet Earth. man of the VA/HUD Subcommittee on assistance, recognizing the hard work I believe NASA should pursue every op- Appropriations, to request of EPA a re- of this committee to fund this for 19,580 portunity available for cost savings in port on what, if any, 314 programs have new incremental section 8 vouchers for an area of great budget difficulty, and been funded in the past year. Further, low-income families at a funding level MSX represents just that type of op- I would ask that the report be compiled of $119.5 million. portunity. by region. In other words, I would, with This amendment would offset this in- Mr. BARTLETT of Maryland. Mr. the assistance of the chairman, request crease only by cutting funds from Chairman, reclaiming my time, I thank EPA to compile a report which states FEMA, Federal Emergency Manage- the gentleman from California for his region by region what section 314 ment Agency, programs which would support. projects have been funded since June simply remove this account to the lev- Since the cryogenically cooled infra- 1996. This report should be delivered to els requested by the President. As I red sensor was operating until Feb- the Congress by August 31, 1997. said, this is an effort to be fair. July 16, 1997 CONGRESSIONAL RECORD — HOUSE H5327 These additional units, however, Mr. only in his district of Massachussets, but for dian, which is roughly the equivalent of the Chairman, will be made available for a the Nation. poverty levelÐ67 percent of those not receiv- highly targeted demonstration of using Unfortunately, I am unable to support Mr. ing housing assistanceÐ675,000 house- housing assistance to support State KENNEDY's amendment which attempts to fund holdsÐhave worst-case housing needs. Usu- welfare-to-work activities. This has the new incremental section 8 vouchers for ally this means they are paying over half their been part of the Republican agenda for low-income families, but he seeks to income for rent; sometimes they are also living welfare-to-work activities. This is a bi- underfund the NASA space program. I do not in severely substandard housing. partisan compromise that every Mem- believe that it is appropriate to cut the funding Families with this type of financial stress are ber of this House could have supported of NASA. It is true that the members of the in constant danger of falling behind in the rent if we had been allowed to bring this Appropriations Committee saw the need to in- and either moving to avoid eviction or actually amendment forward. clude additional funding for NASA's human being evicted. Tenant-based assistance can The tenant-based housing assistance space flightÐ$100 millionÐand Science, aero- support welfare-to-work efforts by providing would support families in large cities nautics, and technologyÐ$48 millionÐpro- families with a stable and secure place to live who are either already working or grams. We must keep in mind that even while they get the training they need, seek making substantial progress in the though this may seem to be a significant addi- employment, and make the transition to self- transition from welfare to work. As I tion, the budget of NASA over the last few sufficiency. With a housing certificate, a family said, I applaud the work of the gen- years has been systematically cut. can either stay in a neighborhood where there tleman from Massachusetts [Mr. KEN- Human space flight is critical to performing are community supports and the mother has NEDY] and join him in the need for this necessary and beneficial research experi- access to a job, or move when that move is type of housing. ments in space should be increasingly funded. in the family's interest and the family has been In Houston, for example, Harris When the Space Shuttle Columbia lands suc- counseled about opportunities linked to hous- County, there are approximately 15,000 cessfully tomorrow, the crew will have com- ing locations that offer better access to jobs, families on the waiting list for section pleted valuable scientific experiments and re- schools, training, and other opportunities. This 8 assistance. Also, the HUD housing of- search that benefits everyone. Let's not take amendment is a bipartisan compromise that fice cites that there are 27,000 individ- money away from NASA. every Member of this House should support. I uals on the waiting list for privately Mr. Chairman, these additional units of in- urge the adoption of this amendment to in- owned assisted housing. cremental section 8 assistance will be made crease self-sufficiency of low-income families If I could engage the gentleman from available for a highly targeted demonstration by providing them with affordable housing. California [Mr. LEWIS] in a colloquy, of using housing assistance to support State Mr. LEWIS of California. Mr. Chair- because we work together on these is- welfare-to-work activities. This has been a part man, will the gentlewoman yield? sues. In fact, 2 years ago, I guess, I of the Republican agenda. Welfare-to-work ac- Ms. JACKSON-LEE of Texas. I yield came to him on the placement question tivities. The tenant-based housing assistance to the gentleman from California. when I told him that in Houston, even would support families in large cities who are Mr. LEWIS of California. Mr. Chair- though I know HUD has looked at one- either already working or are making substan- man, I am happy it enter into this col- for-one replacement, and I move from tial progress in the transition from welfare to loquy with the gentlewoman from section 8 into that because it is impor- work. In Texas, this will allow for 1,200 addi- Texas [Ms. JACKSON-LEE] regarding a tant, in cities that are rural or south- tional section 8 vouchers for low-income fami- very important matter. ern we find that we have very low num- lies. This assistance will offer security to fami- Her discussion and concern goes to bers of public housing from the begin- lies making this difficult transition, and will the heart of how we got to one-for-one ning. Therefore, when we demolish or allow them to choose housing in locations that replacement in the first place, because we take away from section 8 housing offer access to jobs, education, training, and there was a time in the country where and we do not get one-for-one replace- other services important to achieving long- we absolutely needed, to make certain ment, we are in trouble. term self-sufficiency. In the city of Houston/ when any public housing unit was Might I inquire, first, the problem Harris County, there are approximately 15,000 taken out of the marketplace that it with us having the ability to come families on the waiting list for section 8 assist- was replaced. A combination of things back with this amendment, but I know ance. Mr. Chairman, I revisit this issue be- have occurred over time involving the I will get a certain answer, but may I cause this bill has not earmarked any funds fact that in some cases there was a also inquire as to the gentleman con- for one-for-one housing. This is the policy that shortage of capital, in other cases just tinuing to work with me? We got sort establishes requirements that housing authori- plain bureaucratic problems. We found of stalled the last time because a lot of ties replace, on a one-for-one basis, every unit ourselves not tearing down old and di- people did not understand why does of public housing the housing authority dis- lapidated facilities and instead board- someone in Houston want to go back to poses of or demolishes. The public housing ing up windows. one-for-one, which seems outdated and authorizing bill H.R. 2 eliminated one-for-one In the instance of my colleague, she old. I have my facts. housing. This will thrust millions of American has a special circumstance that re- Can I engage the gentleman’s assist- families into homelessness. The housing de- flects that original difficulty. I very ance? And the gentleman from Ohio mand and the problem of homelessness is so much appreciate her concern, and in- [Mr. STOKES] has been so very gracious, great that we must provide as many options deed I am committed to trying to help because I appreciate his position, and I for affordable housing as possible. The Hous- her respond to the needs of her commu- would like to engage him as well on ton HUD office cites that there are 27,170 indi- nity. So I appreciate the point very helping with the one-for-one synopsis, viduals on the waiting list for privately owned much, and I look forward to working it may not be called that, but getting assisted housing. with my colleague. more housing in areas where the hous- Between 1978 and 1993, the number of Ms. JACKSON-LEE of Texas. Re- ing stock is low, like public housing families with worst-case needs grew by 1.5 to claiming my time, I appreciate the under 4,500 units for a city that has a 5.3 million families with incomes below 50 per- gentleman from Ohio [Mr. STOKES]. Let million citizens. cent of median who pay more than half of me thank him for always having a sen- Mr. Chairman, my amendment seeks to in- their incomes for rent and utilities or live in se- sitive ear. crease the bill's funding for HUD section 8 verely substandard housing. The CHAIRMAN. The time of the rental assistanceÐwith this increase to be Between 1985 and 1993, the supply of rent- gentlewoman from Texas [Ms. JACK- used to fund 19,580 new incremental section al housing affordable to very low-low income SON-LEE] has expired. 8 vouchers for low-income families at a fund- families decreased. In 1993 there were only (By unanimous consent, Ms. JACK- ing level of $119.5 million. This amendment 6.9 million units affordable for the 8.6 million SON-LEE of Texas was allowed to pro- will offset this increase only by cutting funding extremely low-income renter families. More ceed for 2 additional minutes.) from FEMA'sÐthe Federal Emergency Man- than half of these units were occupied by fam- Ms. JACKSON-LEE of Texas. Mr. agement AgencyÐprograms which will simply ilies with higher incomes, thus making even Chairman, I appreciate the gentleman remove this account to the levels requested by fewer affordable units available for extremely listening to me on this. And I wanted the President. I applaud Mr. KENNEDY for his low-income families. to bring to the attention of this body longstanding commitment for being an advo- Among working poor families with childrenÐ again the great need for housing in the cate for the poor and low-income families not those with incomes below 30 percent of me- Houston area, but particularly rural H5328 CONGRESSIONAL RECORD — HOUSE July 16, 1997 and southern areas, where we have not by EPA on clean air and particulate regulations that are going to cost had this large housing stock and where matter in particular. thousands of jobs, that are going to we have an enormous waiting list, both Having been involved with this since eliminate new opportunities for ad- homeless and section 8. the first proposed standards were is- vancement for individuals in their em- Mr. STOKES. Mr. Chairman, will the sued, I have made it my concentrated ployment opportunities in over 400 gentlewoman yield? goal to know everything I could know counties in the United States, because Ms. JACKSON-LEE of Texas. I yield and to read the scientific studies that we think we might be able to improve to the gentleman from Ohio. have been put forth in regard to these some health, when the science will not Mr. STOKES. I just wanted to join regulations. show that we can. with the gentleman from California The claim is that these regulations Is it not a fact that we should know [Mr. LEWIS] in expressing to the gentle- are put forward on the basis that is the what we are doing? The greatest exam- woman that we appreciate the fact charge for the EPA to use the best ple is asbestos. The medical commu- that she has brought this matter to our available science. Well, in fact, that is nity now agrees we should have left as- attention both in last year’s bill and not the case. The EPA has done what I bestos where it was. We actually this year. And of course, we have stat- think is an unconscionable wrong to harmed more people, we actually spent ed to her, as we state again, that we this country. And what has exactly and wasted a ton of money because we are certainly going to continue work- happened, Mr. Chairman, is we have did not have the science before we ing with her relative to the unique sit- taken a planned change in the air regu- acted. uation that she has in her city. lations and have gone to try and find Let not make that mistake again. In my own case, representing a large science to support it. Let us ask the EPA, let us ask the urban center, I can understand exactly The EPA claims that there are 67 President, not to do this until they the type of problem that she is encoun- studies that support their new regula- know what they are doing and they tering, and we are going to try in every tions, and that claim is absolutely have the science that backs it up. way to give her the kind of relief that false. There are five studies, and it is Mr. Chairman, I appreciate the op- she needs. generous to say that these are studies, portunity to bring forth this area of in- Ms. JACKSON-LEE of Texas. Re- but there are five different collections terest. I am sorry that I did not have claiming my time, I thank both the of data that monitor fine particulate an opportunity to offer an amendment. gentleman from California [Mr. LEWIS] matter. Only two of those actually I yield back the balance of my time. and the gentleman from Ohio [Mr. measure 2.5 micron size particles. The b 1330 STOKES] for their kindness. I emphasize rest are extrapolated data. that we are in the midst now of re- It is like a physician telling a woman Mr. DOYLE. Mr. Chairman, I move to building Allen Parkway Villa. I know she is going to have a boy child, a male strike the last word. that would be refreshing news to those child, because she has had three chil- Along with the gentleman from Okla- of us, my colleagues, who are tenured dren before, all of which were females. homa [Mr. COBURN], I had intended on in this Congress. The fact is that one does not connect offering an amendment to this bill We still have the problem of having with the other. The odds are still 50–50. which would have provided EPA with numbers under 4,000 and needing to re- In fact, the odds for having a healthy the necessary direction in pursuing a place some of those that have been baby are much greater than the odds clean air strategy. Out of respect for torn down. I welcome the input and the for this, the data put forth by EPA, to the appropriations process and the creativity of my colleagues. Maybe be inaccurate. need to move this bill forward without this year, this session, I can bring this I want to discuss for a moment the legislative provisions, we have decided to rest and have a solution for those studies because I think it is very im- not to offer this amendment today. In- needing housing in the Houston area, portant that the American public know stead, we will work through the au- but also impacting other southern and what went on with these studies. The thorizing committees to ensure that we rural areas that have the same prob- first is a Harvard six-city study that have a focused and rational clean air lem. the data is not available to the rest of policy. Nevertheless, I feel compelled The gentleman from California [Mr. the scientific community to look at to take this opportunity to point out LEWIS] did tell me that, even though I and say yes, their conclusions from some of the flaws in EPA’s approach to fought hard to get this amendment on this data are accurate. the decision to pursue the new national the floor, that we will not be handling As a matter of fact, the study that ambient air quality standards. Al- the amendment at this time, but we was correlated along with that, that though an examination of the science will be working on solving the problem. used humidity in consideration for behind the standards requires a great Mr. LEWIS of California. Mr. Chair- lung disease and lung problems, actu- attention to detail, it is well worth the man, will the gentlewoman yield? ally showed that the data put forth in Members’ time to do so. It may be easy Ms. JACKSON-LEE of Texas. I yield the Harvard study was not right when to embrace a press release saying that to the gentleman from California. in fact the confounding variables were we are protecting people but the facts Mr. LEWIS of California. The Mem- considered. The risk of cigarette smok- do not show that this is necessarily bers will be having a voice vote later ing was not considered in any of these going to be the result of these stand- on the amendment that the gentleman studies. The risk of preexisting lung ards. from Ohio [Mr. STOKES] and I support. disease was not considered. The Committee on Science held three ANNOUNCEMENT BY THE CHAIRMAN Mr. Chairman, it concerns me greatly hearings on the standards and has is- The CHAIRMAN. The Chair would that the Government of the United sued a bipartisan report of its findings once again remind Members that the States has issued regulations that are and recommendations. The report is pending business before the Committee going to cost the American public, the available on line at the committee’s is the Lewis amendment. taxpayers of this country, $60 to $80 bil- home page and I encourage anyone who If there is no further debate on the lion dollars a year under the claim that is interested in this issue to read that Lewis amendment, the question is on it is going to improve the quality of report. the amendment offered by the gen- life. Among the most telling of the find- tleman from California [Mr. LEWIS]. If that is the case and the science can ings is EPA’s inconsistency of the epi- The amendment was agreed to. be shown to show that, then I will hap- demiological studies, as it appears that Mr. COBURN. Mr. Chairman, I move pily support it. But the truth is that EPA has placed greater emphasis on to strike the last word. there is not any science to support studies that support their conclusion Mr. Chairman, I had contemplated, what the EPA is doing at this time. while ignoring others that did not con- among others, in a bipartisan fashion The EPA admits that. By the way, they form to their view of science. EPA has offering an amendment to this title of have asked for additional money to claimed that particulate matter stud- this bill, and have decided not to do so study 2.5 micron particulate matter. ies have shown a wavering picture of but wanted to take this time to talk So what concerns me is that we as a adverse health effects. In testimony be- about the recently issued regulations Government are moving toward new fore the Subcommittee on Energy and July 16, 1997 CONGRESSIONAL RECORD — HOUSE H5329 Environment, members of EPA’s own tainment. We are already seeing this in staff found that the EPA rules, quote, clean air scientific advisory committee western Pennsylvania and are sure to did not fully conform with the adminis- have stated just the opposite. see it throughout the country as more tration’s own guidelines for regulatory In responses to follow-up questions and more people recognize the signifi- review. submitted by the subcommittee, Dr. cance of the new standards. The President’s own Office of Science George Wolff, the former head of the Mr. Chairman, I am for clean air. I and Technology Policy objected that CASAC and Dr. Joseph Mauderly, the have four children of my own. If I the standards are not based on ade- current head of the CASAC asserted thought for 1 minute that delaying quate scientific information. Alicia that EPA did not give the same weight these standards would jeopardize their Munnell of the President’s Council of to the studies that were inconsistent health, I would not be up here making Economic Advisers observed that ‘‘the with the conclusion drawn by the agen- this speech. However, I have taken the incremental health risk reduction from cy. time to examine the evidence and all I more stringent standards is small, Dr. Wolff’s response stated, ‘‘There am convinced of is that we need to while costs are high.’’ are many examples where EPA gives know more. I am committed to finding In fact, CEA estimated that the cost more weight to the studies that sup- the funds to do the monitoring and the of fully complying with EPA’s ap- port their agenda, and they are very research needed to develop consensus proach could reach $60 billion a year, skillful, but not always convincing, in on policy on air quality. not $8 billion that EPA has reported. providing reasons to dismiss those Mr. MCINTOSH. Mr. Chairman, I According to the Small Business Ad- studies that provide alternative expla- move to strike the last word. ministration, these are the most expen- nations.’’ (Mr. MCINTOSH asked and was given sive regulations faced by small busi- Dr. Mauderly pointed out that EPA permission to revise and extend his re- nesses in over 10 years. A Department used a weight of evidence approach in marks.) of Transportation analysis on the im- assessing PM epidemiological study Mr. MCINTOSH. Mr. Chairman, my pact of EPA’s standards on States and but went on to say that ‘‘while this is Subcommittee on National Economic localities showed that the areas in non- not an inappropriate approach, it is Growth, Natural Resources, and Regu- compliance will face economically true that EPA, and other investigators, latory Affairs has also been looking at strangling restrictions to daily oper- have not expended an equivalent these clean air standards and the proc- ations. However, the Office of Informa- amount of energy on studies or data ess which EPA and the White House tion and Regulatory Affairs, known as sets which show no relationship be- have used to move forward on that. In OIRA, the office in OMB in charge of tween PM and health.’’ developing its air quality standards for supervising this interagency review of This irresponsible approach to assess- ozone and particulate matter, EPA has regulations, has made sure that the ing the public good cannot be con- made an end run around good science, consideration of these regulations never addressed the concerns or heard doned. How we go about maintaining around common sense and around the those from the agencies who disagreed air quality is too important an issue to real concerns of the American people. rely on findings reached only by look- With the blessing of Vice President with EPA. First OIRA, at the request of EPA, ing at data that supports a predeter- GORE and the President, the agency is helped whitewash a report to Congress mined conclusion. now finalizing these standards that drafted by the career staff that was In the Committee on Science and in may cost more than $60 billion but very critical of this regulation. Later hearings before other committees, we produce little or no health benefits and OIRA imposed an unprecedented gag have heard that these standards are frankly put at jeopardy hundreds of order on agency written comments so being moved in order to ensure that thousands of jobs in this country. that these agency concerns were never monitoring data is collected and that In fact a friend of mine said, ‘‘If you fully submitted to the public record. As needed research is conducted. We en- think NAFTA created a sucking sound a result, the courts could decide that dorse that goal but we cannot endorse to Mexico, wait till these clean air those concerns may not be taken into EPA’s method of making it a reality. standards go into effect,’’ because then account when they review the regu- Plain and simple, new standards are we are going to see a lot of jobs move latory process. not needed to see that monitoring and south of the border and it is going to Mr. Chairman, this is not how OIRA research are funded. Our amendment hurt our good working men and women is supposed to function. OIRA does not would have funded those activities in this country. handle other rules this way. They are a without the need of a presumptive Moreover, Mr. Chairman, these neutral body in which every concern in standard. standards may in fact undo the consid- the administration can be raised. I Although we are not offering our erable progress that our communities want to know who and what directed amendment today due to the need to have already been making in attaining OIRA to make these questionable deci- move forward with the appropriations high-quality air standards. sions. We have been asking to inter- process, we will pursue this approach When my colleagues think about the view the staff to find out what went on, through the authorizing committees. young children who are affected by but OIRA has been working to cover up Specifically, it is our intention to asthma and other problems having to these efforts. They have refused and move H.R. 1984, bipartisan legislation wait an additional 10 years because stonewalled my subcommittee’s re- introduced by the gentleman from these new standards put on hold the peated attempts at oversight to re- Pennsylvania [Mr. KLINK] which would progress that is being made, that is quest the facts behind this unprece- make sure that we have adequate infor- wrong and these standards are not good dented gag order. OIRA has refused to mation about health effects of various for those children. produce documents. Moreover, they pollutants before we pursue a regu- EPA has ignored the widespread eco- have refused to allow their staff to be latory solution. nomic and scientific criticism that interviewed by our subcommittee. Mr. Chairman, the President and Ad- these standards have provoked OIRA has apparently decided that ministrator Browner have said that throughout the entire Clinton adminis- there is too much at stake in their they want to work with us on imple- tration and has done everything in its coverup efforts to allow a trusted ca- menting the new standards so as to power to cover up those concerns. reer employee to tell us candidly what minimize their economic impact. What Mr. Chairman, those objecting to the happened. they fail to recognize is that even rule include the President’s Council of I am convinced that this rulemaking though these regulations will not come Economic Advisers, the White House will eventually be overturned by the into force for many years, these stand- Science Adviser, the Commerce De- courts because it was done under an il- ards will influence the decisionmaking partment, the Transportation Depart- legal process. Apparently OIRA agrees of businesses today. ment, the Treasury Department, the that this is likely or at least probable Anyone in the private sector who is Agriculture Department, and the Small and is doing everything in its power to doing long-term planning will have Business Administration in this admin- keep that process under wraps. nothing to gain by doing business in istration under President Bill Clinton. Mr. Chairman, in conclusion I would areas that EPA says will not be in at- The Office of Management and Budget have supported the amendment of my H5330 CONGRESSIONAL RECORD — HOUSE July 16, 1997 colleagues. We need to do something will face ``economically strangling restrictions fine particle standard may result in controlling about these regulations. to daily operations.'' particles that don't significantly harm the public In developing its air quality standard for However, the Office of Information and Reg- health, and not controlling ones that do. Re- ozone and particulate matter, EPA has cer- ulatory Affairs, known as OIRA, has made ducing ground-level ozone may cause an in- tainly made an end run around science, com- sure that consideration of these concerns are crease in malignant and nonmelanoma skin mon sense, and the real concerns of the never heard or remains behind closed doors. cancers and cataracts, as well as other health American public. With Vice President GORE First, OIRA, at the request of EPA, helped risks from ultraviolet B rays. Moreover, the and the President's endorsement, the Agency whitewash a report to Congress drafted by regulatory costs that will be transmitted is now finalizing these standards that may cost OIRA career staff that was critical of the rule. throughout the economy will increase poverty more than $60 billion, but may produce little or Later, OIRA imposed an unprecedented gag levels. Workers and consumers will have less no health benefits. Moreover, these standards order on agency written comments so that disposable income to spend on safety devices, may, in fact, undo the considerable progress these agency concerns were never formally on medical checkups and procedures, and on that our communities have made in attaining submitted for the public record. As a result, clean and safe housing. the current air quality standards and imple- the courts may not take these agency con- In this rulemaking proceeding, EPA has menting Clean Air Act programs. cerns into accounting in reviewing the rules. openly and blatantly defied the laws passed However, nothing in the law requires the Instead, OIRA imposed a highly questionable by Congress that require the Agency to weigh Agency to proceed blindly with standards that and unusual ``alternative interagency review all of these factors in determining how to put will have a multibillion dollar impact and that process'' to deal with the standards. This is our scarce resources to the greatest social may not improve and may even degrade now how OIRA handles other rules. What and good. EPA has refused to comply with the Un- human health and the environment. Nothing in who directed OIRA to make these question- funded Mandates Reform Act, the Small Busi- the Clean Air Act requires EPA to abrogate its able decision. ness Regulatory Enforcement Fairness Act responsibility to take a reasonable approach to Finally, the President's decision to back [SBREFA], and the Regulatory Flexibility Act. regulation when the scientific data is uncer- EPA was reached before the Agency's final These laws require agencies to determine the tain. rules were sent to OIRA for review, despite ``real costs and benefits'' to our society of reg- Yet, EPA has ignored the very legitimate the requirements of the President's own Exec- ulations. They represent the only democrat- concerns raised all around about the wisdom utive Order. Therefore, one of the most com- ically acceptable approach to weigh uncertain of proceeding to issue very onerous standards plex and expensive regulations were subjected scientific evidence and to properly evaluate in the face of inconclusive science: to meaningless internal review. potential adverse consequences to public EPA has ignored the advice of its own sci- Despite the serious evidence of improper health, environment, and the economy. entific advisory committee. The Clean Air Sci- conduct, OIRA has refused or stonewalled my Once again, the President has bowed to the entific Advisory Committee indicated that there repeated oversight requests to uncover the demands of special interests and the regu- is no proof that EPA's standards will measur- facts behind OIRA's unprecedented behavior. latory bureaucracy to increase EPA's authority ably improve public health. In the case of OIRA has refused to produce documents to and budget. EPA's standards represent an ir- responsible and illegal rush to judgement that ozone, they concluded that the proposed my subcommittee, including even a copy of may undermine our Nation's efforts to clean standard was not significantly more protective the very rule they are supposed to be review- the air. With these standards, we are getting of public health than the current one. In the ing. More significantly, OIRA has refused to a ``Yugo'' at Rolls Royce prices. No one in case of PM, they found significant uncertainty allow my subcommittee to interview key senior OIRA officials, including the Branch Chief of Congress should stand for this. surrounding the health effects of fine particles. Mr. KUCINICH. Mr. Chairman, I In their view, there is no compelling reason to the Natural Resources Division who drafted in- move to strike the last word. set more restrictive standards at this time. ternal reports critical of the rule. OIRA has ap- Mr. Chairman, I am a firm believer in EPA has ignored the widespread economic parently decided that there is too much at good science and common sense, and I and scientific criticism these standards have stake in its current coverup efforts to allow this am also a firm believer in believing my provoked throughout the Clinton administra- trusted career officer to be interviewed by my eyes and what I see and what I breathe. tion, and has done in its power to coverup this staff. I am convinced that this rulemaking will People across this country today are dissention. Mr. Speaker, those objecting to the eventually be overturned by the courts due to fully aware of the consequences of the rules include the President's Council of Eco- the illegal rulemaking procedures. Apparently, ozone problems. Just go outside across nomic Advisers; the White House Science Ad- OIRA agrees this is likely and is doing every- this country. Temperatures over 100, in viser; the Commerce, Transportation, Treasury thing in its power to hide the truth from Con- the 90’s, in the 80’s. People are experi- and Agriculture Departments; and the Small gress and the courts. encing trouble breathing. This is not Business Administration. EPA also has ignored the protests of nu- just my opinion. On the front page of For example, Assistant Secretary for Trans- merous Governors and thousands of mayors USA Today, ‘‘Breathing No Fun In The portation Policy Frank Kruesi commented that that these standards will have an enormous Ozone,’’ and it has a picture of, of all it was ``incomprehensible that the administra- impact on small businesses and will become places Washington, our Nation’s Cap- tion would commit to a new set of standards one of the largest unfunded mandates ever ital, as seen through a haze of smog. without much greater understanding of the faced by State and local governments. The The Capitol barely shows through the problem and its solutions.'' era of ``big government'' is by no means over. ozone haze in Washington, DC. The Office of Management and Budget These new standards will force onerous new The American people understand. found that the EPA rules ``did not fully con- control measures and unnecessary lifestyle There is a serious problem with smog form'' with the administration's own guidelines changes on hundreds of counties that will not in this country, and the American peo- for regulatory review. be able to comply. The costs of doing busi- ple appreciate the work that the EPA The President's Office of Science and Tech- ness will rise considerably, causing massive has done in addressing the pollution is- nology Policy objected that these standards layoffs. As Assistant Secretary Kruesi noted, sues. We are talking about a practical are not based on adequate scientific informa- these standards will ``bring a significantly larg- matter here. How many of us today tion. er proportion of the population and more juris- will walk through the tunnels instead Alicia Munnell of the President's Council of dictions under Federal oversight and proce- of going outside because of the oppres- Economic Advisers observed that, ``the incre- dural burdens.'' Areas in non-attainment will sive quality of the air? We are experi- mental health-risk reduction from more strin- have to adhere to stringent requirements re- encing this. We have to consider the re- gent standards is small, while costs are high.'' garding building permits and uses, transpor- ality of what we are faced with rather In fact, CEA estimated that the costs of fully tation plans, industrial uses, and the like. In than abstract ideas about what the ef- complying with just EPA's new ozone stand- short, States and localities will face onerous fect of this law may have in the future, ards could reach $60 billion a year. constraints on their constitutional freedom to when we know right now we need According to the Small Business Administra- determine how to run their own communities. strong air quality standards in order to tion, these are ``the most expensive regula- Finally, EPA has ignored the thousands of protect the health of the American tions faced by small business in 10 or more comments by the general public that these people. Do not take my word for it. years.'' standards may to more harm than good. EPA Just go outside and take a breath of A Department of Transportation analysis of has completely failed to evaluate the potential air. the impact of EPA's standards on States and negative health effects that might result from In trying to clear the air here today localities showed that areas in noncompliance its standards. For example, setting a generic on behalf of those who are concerned July 16, 1997 CONGRESSIONAL RECORD — HOUSE H5331 about the EPA regulations, I also offer from experiencing the adverse effects who wanted to sit down and talk about for submission into the RECORD the of increase in ozone and particulate a commonsense approach where we can USA Today’s article where they talk matter. Two-thirds of the people agree achieve good commonsense clean air about ozone danger, ‘‘What You Can’t with statements that certain busi- standards at the same time that we See Can Hurt You.’’ Listen to what nesses have tried for decades to scare allow the State implementation plans they describe as some of the problems people by saying that environmental to move forward, that we allow indus- of dangerous ozone levels, particularly regulations will hurt the economy and try to continue to take the steps nec- in connection with these very high will cost jobs. But the regulations al- essary that they need to make, the in- temperatures, soaring smog levels and ways ended up costing less when busi- vestments they need to make, to con- stagnant high-pressure systems. They nesses have made a profit. tinue to clean the air. talk about ground level ozone, and it is Mr. KLINK. Mr. Chairman, I move to I agree with Carol Browner and AL the main ingredient in urban smog. strike the last word. GORE and President Clinton that the Naturally occurring ozone in the upper Mr. Chairman, my dear colleague Clean Air Act has been working. We atmosphere protects life by filtering from Ohio [Mr. KUCINICH] just made the have cleaned the air. We have made the ultraviolet radiation from the Sun point of those of us that are concerned dramatic steps. I am afraid that what and ground level ozone is produced by about these new regulations that are they are doing today will stop and will vehicle or industrial emissions combin- being signed by Director Browner and impede the progress that we are mak- ing with sunlight and high heat during being proposed by this administration. ing and that we continue to make. times of little or no wind. He is right. We are concerned when we And that is why I would thank the go outside to Washington, DC, and gentleman from Illinois [Mr. LAHOOD] b 1345 other metropolitan areas around this and many of my colleagues on the Re- And they have some of the effects Nation in hot weather like this and we publican side as well as my friends here and the health hazards. For example, can breathe the oppressive air. And we on the Democratic side who have and people know this, anyone who has think that after sitting in many days joined us on H.R. 1984. It is a bill that experienced the problem of air pollu- of hearings, and understanding that brings a commonsense approach, that tion knows that we can get headaches there is not a scientific consensus sur- says let us build the monitors, let us from it, can irritate our eyes, nasal dis- rounding these regulations, that collect the data, let us do the science, charge, shortness of breath, lung dam- money is better spent on making sure let us authorize $75 million a year to age, sore throat. These are all factors that areas like Washington, DC, com- make sure that this country is headed which the EPA actually took into ac- ply by 1999, by a date certain. in the correct direction. Let us not count when they drew up the stand- And so if we are concerned about stand in the way of meeting these ards. They did it to protect the Amer- that 10-year-old child who is playing on deadlines, of meeting the targets, that ican people. The health hazards, high a playground in Washington, DC, the current Clean Air Act and the cur- concentrations of ozone can cause in- today, why would we want to imple- rent regulations would have us meet. flammation and irritation of the res- ment questionable new standards be- As Carol Browner testified before our piratory tract. Ozone can increase fore we have complied with the stand- subcommittee for 8 hours in the Com- asthma and allergy problems and sus- ards that we have currently? Why mittee on Commerce, she talked about ceptibility to lung infections. Ozone would we want to wait another 10 or 12 the problem of having two sets of regu- damage to lungs can continue days years until that 10-year-old child is in lation at one time, and how are we to after exposure has ended. college before we take action? believe with a wink and a nod that we Mr. Chairman, people know this from What the administration has done are going to promulgate these new reg- their own experience. This is why the today and what Carol Browner has pro- ulations but it is not going to have an EPA has stepped forward. posed will put off the tough decisions impact when we know that under the USA Today goes on to talk about for a later day, will allow the air and Clean Air Act one citizen’s lawsuit who are the most vulnerable people. the immediate future to stay dirtier could change all of that and that the Mr. Chairman, we know. We know peo- longer. The EPA has been saying that captains of industry that are out there ple in our family are vulnerable to it. they are in favor of taking a wait-and- making decisions as to what areas they They say the most likely to suffer see attitude and the administration, are going to locate in, where they are ozone pollution effects are people with with a wink and a nod, have said, going to be expanding industries, where lung diseases, the elderly, children, and ‘‘Look at our compliance schedule. they are going to be investing millions healthy adults who exercise outside. We’re not going to change these things of dollars; those decisions are being Children are especially vulnerable be- overnight. We’re going to wait.’’ made today, not 10 years from now, and cause they often play outside and in Well, if they really wanted to wait they will not be building in areas that muggy heat, breathe more rapidly and until we had PM–2.5 monitors deployed are going to be thrown out of attain- inhale more air pollution. around this Nation, if they wanted to ment by these new regulations. Mr. Chairman, is it any wonder then wait until we actually analyze that Four hundred counties across this that according to a recent poll an over- data, then they would have sat and Nation will not have a chance to see whelming 84 percent of voters believe talked to those of us who have raised new jobs, neither an investment of new that the current levels of air pollution these concerns, the dozens of Members, businesses or of an expansion of the are dangerous and pose a threat to the of Democrats and Republicans in this businesses that are there. I have talked health of senior citizens, children, and House and in the other body, who have to businesses in southwestern Penn- others? People just have to look out- asked the President to sit down, to sylvania that have said, ‘‘We’re not side, and that is why they agree. have a discussion with us. Not only did going to make those expenditures in Now when informed the EPA is put- they refuse to sit and talk to us, they your region.’’ They are going to go ting in place stricter air quality stand- would not even acknowledge our let- elsewhere, and I am talking about com- ards that would strengthen regulations ters. ing from an area where we have seen on particulate pollution and ground In my previous life I was a journalist. the loss of 155,000 manufacturing jobs level ozone, 70 percent of Americans We always know when someone is evad- over the last 2 decades. favor those standards. Fully two-thirds ing the question, when someone is fili- I think that H.R. 1984 makes all the of the voters agree with scientists from bustering when they are trying to give sense. I thank the gentleman for co- EPA and the American Lung Associa- an answer that they are not happy sponsoring the bill and would propose tion that the best available science in- about and that they are not really in that my colleagues also join us on that dicates the current levels of air pollu- their heart sure that their position is a legislation. tion can create serious health prob- strong one, and I think that is the rea- Mr. LAHOOD. Mr. Chairman, I move lems. That is current levels. son that EPA has not wanted to sit and to strike the last word. Now we need to have standards in talk to us about this. It is why the ad- (Mr. LAHOOD asked and was given place over the next decade so that we ministration has ignored even those of permission to revise and extend his re- can protect many more Americans us from the President’s same party marks.) H5332 CONGRESSIONAL RECORD — HOUSE July 16, 1997

Mr. LAHOOD. Mr. Chairman, in April serious concerns when the new regula- Mr. Chairman, having worked on the of this year I, along with 10 other Mem- tions were first proposed. Chief among Clean Air Act for over 22 years, I want bers of the Illinois delegation, sent a those concerns was the tremendously to point out something that has hap- letter to Carol Browner, the Adminis- high cost that farmers and small busi- pened in this body every 6 or 7 years. trator of the EPA, urging her to sus- ness would have to pay in order to be The industry gets people stirred up pend promulgation of those proposed in compliance with the new regula- with predictions that we have to regulations so that further study and tions. choose between a clean environment on analysis could be completed. The regulatory consequences for non- the one hand and a thriving economy In light of the Environmental Protec- attainment would include bans on eco- with jobs for our people on the other, tion Agency’s own recent acknowledg- nomic development, mandatory car and that is a choice that is a false one. ment that health benefits for those pooling, sanctions on existing agricul- Mr. Chairman, it is a false one that has proposed regulations were overstated, I tural practices, and a greatly expanded been offered to us in the past, and the thought it was important that the vehicle inspection and maintenance record has proved that it was a false Clean Air Scientific Advisory Commit- program, the cost of which would prob- choice. tee attempt to reach a consensus on ably lead to a motor vehicle fuel tax The 1990 Clean Air Act was adopted the health-related data that underlies increase and/or regulations or outright overwhelmingly by a Democratic con- the proposed regulations by doing fur- bans on items of existing consumer trolled Congress and heartily endorsed ther study and investigation. convenience and choice, such as snow and signed by a Republican President. Earlier on I had considered offering blowers, lawn mowers, powerboats, and At that time we set in place a law that an amendment, but due to other con- charcoal grills. has worked successfully, not just as an siderations and other deliberations In addition, the new regulations environmental bill, but one of the most that will be taking place later on, I am would increase my State’s nonattain- successful Government programs that not going to do that, but I do believe ment areas from 11 counties to 23 coun- we have ever had. Air pollution has that asking an independent agency ties. The present nonattainment areas been reduced dramatically in some such as the National Science Founda- are the eight-county Chicago and sub- places, and at a fraction of the costs tion to conduct an impartial cost-bene- urban Chicago area, and the three- that were predicted when we held all fit analysis is important, and I would county Metro East St. Louis area. New those hearings in preparation for that like to ask the chairman of the sub- areas would include my hometown of legislation. committee if there would be funds Peoria, Champaign-Urbana, LaSalle- b 1400 available for an independent agency to Peru, Effingham, Decatur, the Quad look at these standards that now today Cities, and a much larger Metro East I want to cite some examples. In Au- have been promulgated and will be area, and Jo Daviess County. gust 1990 there was a group called the printed in the Federal Register. Illinois and the Nation has already Clean Air Working Group. It was the Mr. LEWIS of California. Mr. Chair- paid a high price for existing Clean Air principal business group fighting the man, will the gentleman yield? Act requirements. Our Nation’s energy Clean Air Act Amendments of 1990. Mr. LAHOOD. I yield to the gen- and industrial strength could be imper- They came in and estimated that the tleman from California. iled needlessly by new regulations, and 1990 amendments would cost industry Mr. LEWIS of California. The gen- it has been estimated that the Chicago between $51 billion and $91 billion a tleman from Illinois is correct. There area alone could face compliance costs year. In fact, compliance costs are now is a need for this sort of continued and of $5 billion. Other parts of the State estimated to have been just $22 billion ongoing careful research, and further, I and country could also have to incur annually upon full implementation of can say that there are additional funds the loss of thousands of jobs and bil- the law in the year 2005, 57 to 75 per- available above and beyond the Presi- lions of dollars in compliance costs. cent lower than the industry cal- dential request. There are some $40 Mr. LEWIS of California. Mr. Chair- culated, nearly 10 percent lower than million, $35 million of those for PM man, will the gentleman yield? the Bush administration even esti- standard evaluation and the balance Mr. LAHOOD. I yield to the gen- mated in 1990. for ozone. My concerns are very similar tleman from California. We passed a law, it took a long time to the gentleman’s and, if he would Mr. LEWIS of California. The expres- to do it, to control the pollutants that continue to yield, let me say that by sion of concern by the gentleman is cause acid rain. When we were discuss- way of background the gentleman from very important, and I know a concern ing that, the electric utilities came in California [Mr. BROWN] and I share one is felt on both sides of the aisle. If and said this is a terrible idea, even of the most heavily impacted areas in there is a classic illustration of impor- though we were going to use market the country in terms of problems with tant public policy decisions having lit- mechanisms to reduce the cost of the air quality. We have spent considerable tle to do with partisan politics, this is compliance to get these pollutants time attempting to implement past one of them. down. They said, it is going to cost be- regulations and, indeed, are having an While we have provided funding for tween $1,000 and $1,500 for every 1 ton effect upon air quality in the south- additional scientific research, as I have of sulfur dioxide emissions that we re- land. I cannot tell my colleague wheth- suggested, monitoring and collection of duce. er we need additional, more difficult data is very important as well, and the We went ahead and adopted the law, regulations or not, but I am very much gentleman should know that there is especially at the urging of President convinced that there is a need for a an additional $25 million to help those Bush. We had in fact an allowance of better base of scientific work, and States, especially the rural States, to now under $100 a ton of SO2 emissions. thereby I very much appreciate the participate in that work as well. There are other examples I can go gentleman’s comments. Mr. LAHOOD. Mr. Chairman, I appre- through. But the essential point that I Mr. LAHOOD. Mr. Chairman, I appre- ciate the gentleman’s commitment to want to make to the Members is that ciate the chairman of the subcommit- the further study of this. the choice that we are being told by tee on this important matter setting I think common sense dictates that some people, that we are going to have aside or making available or having all Americans want clean air, but com- to choose between protecting the envi- available some funds for this study, mon sense also dictates that Ameri- ronment or with extraordinary costs and I look forward, hopefully, to the cans want reasonable and common- protecting the health of our kids, opportunity. sense approaches to the way that we asthmatics, the elderly that live in our I would like to finish my prepared deal with these matters, and I hope communities, on the one hand, or pro- statement because I want to be on that further study will enable us to tecting jobs on the other, is an abso- record with the statement that I had reach an agreement and compromise in lute false choice. prepared earlier. how we go about doing that. There was the issue before the Ad- According to published reports, the Mr. WAXMAN. Mr. Chairman, I move ministrator of the Environmental Pro- Department of Agriculture and the to strike the requisite number of tection Agency. She had recommenda- Small Business Administration raised words. tions from her scientific advisory board July 16, 1997 CONGRESSIONAL RECORD — HOUSE H5333 as to what is the standard to protect nication. Some of those channels not care about our U.S. veterans as my col- the public health. The Clean Air Act opened just recently. I appreciate that. leagues on the other side of the aisle might calls for her to set that standard. She But it is most important to me that we have you think. On the contrary, I have noth- set it based on good science. The Presi- not take steps without sound science if ing but great respect for the men and women dent has said that those standards are those steps would lead to undermining that served our great Nation. It is because of to go into place. It is going to take the credibility our past clean air ef- this very respect for service that I must op- maybe as much as a decade to reach forts have developed. pose the Tiahrt amendment. It goes without those standards. It is a very delicate moment. I cer- saying that we need to research the causes of In the meantime, we can evaluate the tainly do not join those who are bring- gulf war illness, but this is not the appropriate science as more information might ing the entire roof down as a result of funding with which to conduct that research. come up. We can develop implementa- every proposal, but in the meantime, Furthermore, approximately $100 million are tion plans that are commonsense plans. that is why we have this funding in provided to research this illness which too We were told in 1990, no more power here for outside research by NIEHS to many in positions of authority have denied lawnmowers, no more backyard bar- develop sound science and continued even exists. becues. You cannot have a strong Clean scientific work. So I appreciate con- Last year, more than 25,000 AmeriCorps Air Act. It will drive people out of busi- tinuing to work with the gentleman. members served across the United States. ness. People will lose their jobs. It is Mr. WAXMAN. Let me say to my AmeriCorps members assisted more than 11.5 just not true. That has not been the re- good friend, the gentleman from Cali- million people, collected almost 1 million ality. The dire consequences that in- fornia, that I know of his work in this pounds of food, and distributed 5,000 pounds dustry has predicted have not and will area. We have collaborated together for of clothes. Participants in the AmeriCorps pro- not come to pass. a strong Clean Air Act. I know he has gram ran violence-prevention after school pro- Mr. Chairman, I want to point out a strong commitment to cleaning up grams for nearly 50,000 youth and developed that the law was adopted in 1990, and the environment and protecting the and distributed almost 40,000 packets of infor- we are now in the seventh year of an public health. I join the gentleman in mation on drug abuse, health care, and street economic boom. We can show Members wanting to be sure that we have good safety. the statements made by some of these science upon which we make our deter- same people that are making these minations. AmeriCorps volunteers immunized almost statements today, that our economy is I think that the Administrator of the 65,000 children and adults, cleaned up over going to be lost. So I want to put a lit- Environmental Protection Agency did 3,000 neighborhoods, rehabilitated nearly tle sense of perspective in this debate get good science. Science is never de- 5,000 housing units, tutored over 500,000 chil- when Members come here with a great finitive. We are always learning. That dren, and the list goes on. And let me not fail deal of anguish about the Clean Air is why I do appreciate the fact that the to mention the fact that the AmeriCorps Serv- Act. gentleman is calling for more money to ice Program leveraged almost 700,000 hours Mr. LEWIS of California. Mr. Chair- continue to review the scientific infor- of service by unstipened volunteers last year. man, will the gentleman yield? mation. My point is that AmeriCorps works. No mat- Mr. WAXMAN. I yield to the gen- If there is more information that ter what my colleagues on the other side of tleman from California. comes about, an adjustment should be the aisle may tell you or what groups they Mr. LEWIS of California. Mr. Chair- made and I think that is appropriate. may try to pit against each otherÐAmeriCorps man, I very much appreciate my col- We do not want anything frozen in any works and is needed. The stipend paid league yielding. He and I have worked incorrect way. We have to respond to AmeriCorps participants is needed by the together regarding clean air matters new information and new cir- degreed student graduate with tens of thou- for many a decade, and indeed, in the cumstances. sands of loan dollars owed. Graduates today California Legislature we worked on But the Clean Air Act, as the gen- don't have the financial ability not to respond the establishment of what is the tough- tleman knows, has been a success be- to this in a modest way with a stipend. est air quality management district in cause it is based on protecting the pub- This spring as all of you I am certain will re- the country. lic health and based on a standard that call, the Midwest was ravaged by the most The CHAIRMAN. The time of the is set, given the latest scientific infor- horrible flooding in over 500 years. The floods gentleman from California [Mr. WAX- mation we have. Let us continue to re- were of truly Biblical proportions. People lost MAN] has expired. view it, but I think that the standards their homes, their belongings, and sometimes (By unanimous consent, Mr. WAXMAN that are being promulgated are worthy even the Main Street in their hometowns. Vol- was allowed to proceed for 3 additional of going into effect because the unteers from the AmeriCorps Program did the minutes.) science, I feel, is sufficient for the Ad- State of Minnesota and the entire Midwest an Mr. LEWIS of California. Mr. Chair- ministrator to making the determina- invaluable serviceÐthey helped save the man, will the gentleman yield? tion. Heartland. AmeriCorps volunteers pitched Mr. WAXMAN. I yield to the gen- Mr. LEWIS of California. I look for- sandbags, helped displaced families find tleman from California. ward to working with the gentleman. emergency shelter, coordinated emergency Mr. LEWIS of California. Mr. Chair- Mr. VENTO. Mr. Chairman, will the food and medical deliveries in addition to lead- man, upon arriving in Congress, I was gentleman yield? ing other volunteers in one of the toughest privileged to join my colleague in spon- Mr. WAXMAN. I yield to the gen- battles against nature in five centuries. These soring legislation that would lead to tleman from Minnesota. teams of AmeriCorps workers were Red Cross the development of alternative fuel (Mr. VENTO asked and was given trained and certified and they stayed with sources for automobiles. Indeed, we are permission to revise and extend his re- those Midwestern families until the end, and in both committed to this subject area. marks and to include extraneous mat- fact some are still there working. However, I would say to the gen- ter). So you ask yourself if AmeriCorps is a nec- tleman from California [Mr. WAXMAN] Mr. VENTO. Mr. Chairman, I appre- that I think he knows that I am among ciate the gentleman yielding and the essary program and if you hesitate in your re- those who now are concerned that we points being made on this act. I appre- sponse, I can introduce you to tens of thou- make absolutely certain that we move ciate especially the forbearance of sands of people from the flood ravaged plains along a pathway that is based upon Members who had planned to undo the of the Heartland who could make you certain sound science, particularly as it relates work. I hope we can work with the that yes, indeed AmeriCorps is a necessary to people’s health. That has to be our EPA. This is an important issue. I hap- program. priority. But indeed, at this moment I pen to support the position of the gen- I urge my colleagues to vote ``no'' on the am concerned about the kind of infor- tleman from California on this, and I Tiahrt amendment and to truly defend service. mation flows that are coming between urge Members to continue to review I have an editorial from the St. Paul Pioneer the Environmental Protection Agency, this and monitor it. Press outlining the merits of the AmeriCorps the administration, and the Congress. Mr. Chairman, I opposed the amendment of- Program which I would like to submit for the The gentleman has taken some steps, fered by Representative TIAHRT to reduce and RECORD. I believe, to help improve that commu- or defund AmeriCorps but not because I do The material referred to is as follows: H5334 CONGRESSIONAL RECORD — HOUSE July 16, 1997 [From the St. Paul Pioneer Press, June 29, appreciated the help. Many cried in grati- with me to provide the funds in this 1997] tude, she said. ‘‘Other people told us that we bill, and it is further evidence of his AMERICORPS WINNING CONGRESS TO ITS SIDE gave them hope not only for their own fu- dedication to a cleaner environment. I ture, but hope for the next generation. (By Bill Salisbury) ‘‘Seeing the expressions on their faces and congratulate the gentleman and thank Instead of holding traditional graduation realizing we can make such a difference him for his work. ceremonies, about 350 Youth Works/ makes it more than worthwhile,’’ she said. Mr. NADLER. Mr. Chairman, I move AmeriCorps members from across Minnesota ‘‘You don’t get that kind of satisfaction to strike the last word. traveled to East Grand Forks and Crookston many places.’’ Mr. Chairman, I have been listening on Thursday and Friday to help in the ongo- Slemp is finishing her year of service and to this discussion of these clean air ing cleanup after this spring’s devastating preparing to use her scholarship to attend standards promulgated by EPA with floods. Case Western Reserve University, where she To mark completion of their year of com- plans to get a graduate degree in social pro- some interest. I am very glad that EPA munity service, the young volunteers helped gram administration. has promulgated these standards. child-care providers repair their homes, un- It’s volunteers like Slemp who seem to There has been increasing scientific loaded truckloads of donated supplies and re- have persuaded Congress that AmeriCorps is evidence for a long time, and in par- moved sandbags. worth keeping around after all. Last week, a ticular with respect to the very small While they were toiling in the Red River House appropriations subcommittee voted to particulate matter which previously continue funding AmeriCorps at its current Valley, congressional budget-writers here was thought not to have deleterious were deliberating over the fate of level. That was just the first hurdle in the AmeriCorps, President Clinton’s 4-year-old budget process, but it probably was impacts on health and now we know pet program that gives students financial aid AmeriCorps’ biggest obstacle. has the most severe impact on health. in exchange for a year of paid service. It signaled that the biggest program that I think it noteworthy that it was the The program is a favorite target of Repub- Clinton has added to the federal bureaucracy scientific people in EPA who said to lican critics, who see it as a political boon- is likely to stick around for a while. promulgate these standards. Where did doggle and argue government has no busi- Mr. WAXMAN. Mr. Chairman, when- the questioning come from? Not from ness promoting volunteerism. They say the ever we have done clean air legislation the scientific people, the health people, 24,000 AmeriCorps members are a drop in the we have done it on a bipartisan basis. but from people in the Office of Man- ocean compared to the estimated 80 million It has never been a partisan issue. It agement and Budget, from people con- Americans who do charity work of their own should not be. We have always done it cerned with budgets and economics. accord. by trying to get all the very best infor- Critics question whether spending tax dol- Mr. Chairman, I agree with the gen- lars on paid volunteers—each receives a mation, but we should never give in to tleman from California [Mr. WAXMAN]. $7,600 living allowance plus a $4,725 scholar- those who want to give us that false History shows us that it is a false ship—should be a high priority in a time of choice of an economy that is thriving choice to say the environment or jobs. tight budgets. and jobs on the one hand and protect- We have had much more stringent en- Last year, the House voted to zero out ing the environment on the other. We vironmental regulations than pre- AmeriCorps’ budget. It was restored later in do not need to make that choice and viously and we have had the greatest negotiations with the Senate. history has borne out that we can have Former Sen. Harris Wofford, CEO of the boom in recent history. What history both. shows us is that far from being an eco- Corporation for National Service, which runs Mr. CALVERT. Mr. Chairman, I AmeriCorps, answers the critics by measur- nomic detriment, stronger compliance ing the results of the programs to show that move to strike the last word. with clean air standards, stronger Mr. Chairman, I rise in strong sup- they ‘‘get things done.’’ clean air standards, leads to the cre- port of this legislation. My fellow Cali- Last week, he trotted out a study of ation of jobs in attaining the clean air fornian and my close and good friend, AmeriCorps accomplishments in 1995–96. In standards. all, the study concluded, more than 9 million the gentleman from California, Mr. Yes, companies have to spend money. individuals benefited from AmeriCorps serv- JERRY LEWIS, should be commended for Local governments have to spend ice. crafting a very responsible bill which money in attaining clean air, higher Hardly anyone disputes that AmeriCorps will help us lead to cleaner air in the clean air standards, in cleaning up volunteers do good work. The question is: future. Among its other strengths, it Why do we need full-time, paid volunteers? emissions. But what do they spend protects veterans, improves housing Answers Wofford: ‘‘You can’t put part-time money on? They spend money on more programs, and ensures a cleaner envi- volunteers to use unless full-time people are equipment, on scrubbers, which some- ronment. there to set up the projects they’re working one must manufacture. They spend on.’’ He believes the AmeriCorps response to I want to highlight a particularly im- the Red River flood makes the case for full- portant provision of the bill, as we money. They spend money on tech- time volunteers. At the request of the Red have been discussing. As we know, the nology or on different means of waste Cross, 15 members of the program were sent President has thrown his support be- disposal, all of which creates jobs. So I to Grand Forks on April 12. hind EPA’s proposed air quality stand- do not think that there is a conflict Other teams followed. They pitched sand- ards for particulate matter and ozone. here. bags, rescued flood victims, helped displaced But even if there were a conflict, how families, assisted at temporary shelters, co- Whether Members support these stand- ards or oppose them, one thing we do you say to a mother of a child dying ordinated emergency food delivery and con- from asthma, or a middle-aged person ducted damage assessments. More than 70 should all agree on is that we need to AmeriCorps members were in the flood re- do more research if we are to guarantee in severe respiratory distress, ‘‘That is gion, and teams are still working there. adequate protection for our children too bad, it would have cost an extra Trained by the Red Cross in first aid, CPR and the elderly. penny cigarette tax or an extra 2 cents and other skills needed in natural disasters, As the chairman of the subcommittee gasoline tax to save your life and the the teams ‘‘provided a cadre of leaders who that authorizes EPA’s Office of Re- lives of several thousand people like organized other volunteers,’’ Wofford said. search and Development, I introduced a you’’? I do not see how we make that ‘‘They came in fast, and they’re staying to bill which passed through Congress and equation. I would not want to be in the the end.’’ position of having to explain that to AmeriCorps volunteer Sheila Slemp, 24, of through our committee on a bipartisan Big Stone Gap, Va., just finished a four-week basis unanimously to provide research people in health difficulties. stint in Grand Forks. She didn’t provide money above the administration’s re- Mr. KENNEDY of Rhode Island. Mr. much leadership; she did back-breaking work quest. Chairman, will the gentleman yield? on a ‘‘mud-out’’ crew. They cleaned sludge In three hearings we held on the mat- Mr. NADLER. I yield to the gen- out of basements. ter, the scientific experts all concluded tleman from Rhode Island. ‘‘Every time you went into a different that the science was inadequate at this Mr. KENNEDY of Rhode Island. Mr. house, you just prayed for the drains to time. They said we needed additional Chairman, it is a good point the gen- work,’’ Slemp said. Most didn’t, so the vol- funding to get at the very basic ques- tleman is making. The fact is, we hear unteers shoveled the muck into buckets and a lot about this questioning of sci- hauled it upstairs by hand, all day long. tions about the health effects of ozone, They slept on a college gym floor at night. and particularly small particulates at entific data on this issue. The fact is, ‘‘No matter how tired you were, meeting the 2.5-micron-and-below size. we can talk to any pulmonary physi- the people we were helping made it all I am pleased that the gentleman cian, any doctor that takes care of peo- worthwhile,’’ Slemp said. The homeowners from San Bernardino worked closely ple with asthma, emphysema, any kind July 16, 1997 CONGRESSIONAL RECORD — HOUSE H5335 of pulmonary disorder, and they will interpose a political judgment. If we HUD came up with a great idea to tell us, when any region of the country need help for governments, local gov- provide funds to local governments to is in noncompliance they see a correla- ernments, for industries to attain these help their economically disadvantaged tion between that region of the coun- clean air standards, let us legislate areas. These areas are called try being in noncompliance and a high- that. Let us appropriate money if nec- Empowerment Zone and Enterprise er rate of incidence of asthma and hos- essary. But let the science be the Communities. Through tax breaks to pitalizations due to pulmonary dis- science. Let the health of our citizens businesses and access to Federal funds, orders. be paramount. Let us protect our peo- HUD hoped to revitalize disadvantaged So there is not a lot of confusion. ple. areas. Houston has an enhanced enter- There should not be any confusion on Mr. GREEN. Mr. Chairman, I move to prise community. We have access to al- this floor about the health effects of strike the requisite number of words. most $200 million to help revitalize air pollution, and most particularly on Mr. Chairman, I realize we are on parts of Houston. It would be a shame a day like today, when we are seeing a title III, but since title II passed so not to have a local HUD office that red alert here in the District of Colum- fast, I did not get the chance to offer could work with us. bia and in my region in New England. my amendment. For 5 years I have Another program office that we do We are seeing higher hospitalizations struggled with the Department of not have and is very needed is the of- as a result of this poor air quality. Housing and Urban Development to fice of inspector general. An office of Woe be on us if we do not do some- help the citizens of my district in inspector general has the mission to lo- thing to improve the air quality by Houston. cate fraud, waste, and abuse in HUD moving forward with these EPA rec- Houston is a city with a growing pop- programs. The most recent and blatant ommended standards. ulation, and with this growth there is a misuse of taxpayers’ dollars is the deal- Mr. NADLER. Reclaiming my time, definite need to address the issues of er portion of the title I program. The Mr. Chairman, I thank the gentleman. more affordable housing and access to title I program is designed to give peo- He is entirely right. Any doctor will HUD programs. ple an opportunity to fix and improve tell us that, especially with the ozone their homes. b 1415 and the small particulate matter these Unfortunately, there are some people regulations will for the first time deal Over the past 5 years I have tried to who took advantage of this program with. work with HUD and have received var- for their own gains. The dealer portion The gentlemen say that these new ious verbal commitments and assur- of title I allowed a contractor to solicit regulations will put 400 counties into ances that Houston, the fourth largest homeowners into applying for a loan. noncompliance. That may be so. But city in the Nation, would receive the Then the contractor would receive the that does not tell us that that is a ter- necessary HUD staff and programs to money directly, do partial improve- rible thing. That is a good thing. It be an effective agency for the citizens ments, and keep the rest of the money means that we will start bringing up of Houston. while the homeowner had to foot the the breathability of the air in those 400 I have written numerous letters to bill. counties so people do not die or suffer HUD about this request. In fact, in a KTKR–TV in Houston investigated health effects from breathing bad air in 1994 HUD memo from the Secretary’s this abuse and they reported a whop- those 400 counties. office, it suggested that the Houston ping $50 million was stolen by corrupt My own county of New York County field office be upgraded and receive all dealers in Texas alone. They con- is in noncompliance with current regu- the available programs. Again, Hous- fronted contractors and even went to lations. I wish the enforcement of EPA ton is the fourth largest city in the the HUD office here in Washington were stronger so we could get our city country, and out of the 10 largest met- looking for answers. HUD’s response and State governments to take strong- ropolitan areas, Houston is the only was to eliminate the dealer portion of title I, which helped us, but again we er action that some of us have been one without a fully serviceable HUD of- could have caught this long before. If fighting for for years. So the fact that fice. we had had an inspector general in lots of areas will not be in compliance With this amendment, I was going to Houston instead of being in the nearest says we have now discovered that they send a message, realizing that on an office which is Fort Worth. Fort Worth, are not in compliance, it is a fact of appropriations bill we cannot legislate, which is 200 miles from us, and with physics, it is a fact of health, it is not but I was going to send a message to their budget crunch we could not get a thing to be deplored, and that we will HUD that the citizens of Houston need people to travel from Fort Worth to now start curing that problem. an office of community planning and Houston to do the investigation. Again, Again, there is no economic problem. development and also an Office of In- this happened in the fourth largest city We are told always that there is an spector General, making all HUD pro- grams available in our Nation’s fourth in the Nation. economic problem. History does not Mr. BENTSEN. Mr. Chairman, will largest city. bear that out. The science is good the gentleman yield? science. Those who oppose this science, The office of community planning Mr. GREEN. I yield to the gentleman we hear every time when we come to and development provides technical as- from Texas. this, the industry says it is bad sistance and the monitoring of State Mr. BENTSEN. Mr. Chairman, I just science. It is like the tobacco compa- and local entities receiving Federal want to echo the gentleman’s com- nies saying that the Surgeon General funds to assist with elderly and dis- ments. This is very important. I am and EPA had bad science. I trust the abled housing loans, CDBG and funds sorry that the gentleman was not able professionals and EPA to make those for Houston’s enhanced enterprise com- to offer his amendment. But we are decisions more than I trust people in munity. talking about the fourth largest city in industry with a vested interest, or for When I go back to my district and I the Nation, the third largest county in that matter, people in this House who talk to seniors and families and local the Nation. have political and other interests. elected officials from Houston and The fact is that there are other of- The CHAIRMAN. The time of the from Pasadena, they all have some con- fices in smaller areas, smaller cities gentleman from New York [Mr. cerns about housing for the elderly. An such as Miami, Albuquerque, where NADLER] has expired. office of community planning and de- HUD has put the resources. We are not (By unanimous consent, Mr. NADLER velopment would aid the citizens in my asking necessarily for additional staff was allowed to proceed for 30 addi- district and the district of the gen- but we are asking for the powers to ad- tional seconds.) tleman from Texas [Mr. BENTSEN] to dress these problems, to ensure that Mr. NADLER. Mr. Chairman, these gain access and administer funds to the HUD programs are carried out decisions ought to be made on the basis renovate, locate, and build elderly properly and that we do not have the of the health and scientific evidence. housing. This office also oversees the abuses like we have had with the title That is why the Clean Air Act asks the funding and provides technical assist- I program. EPA to update this data every 5 years. ance to Houston’s enhanced enterprise I commend the gentleman for offer- They have done that. We should not community. ing his amendment or speaking on it. H5336 CONGRESSIONAL RECORD — HOUSE July 16, 1997 Mr. GREEN. Reclaiming my time, sion of language from last year’s appro- NEIGHBORHOOD REINVESTMENT CORPORATION Mr. Chairman, again the amendment priation legislation which recognizes PAYMENT TO THE NEIGHBORHOOD was not germane because we cannot the very positive contributions of the REINVESTMENT CORPORATION legislate on this appropriations bill. Center for Space Power and urges For payment to the Neighborhood Rein- Again, the purpose of this amendment NASA to continue to support this ac- vestment Corporation for use in neighbor- was to give us an opportunity to talk tivity, and hope that the chairman hood reinvestment activities, as authorized by the Neighborhood Reinvestment Corpora- about Houston’s situation. I appreciate agrees with me. tion Act (42 U.S.C. 8101–8107), $70,000,000. both the gentleman from California Mr. LEWIS of California. Mr. Chair- SELECTIVE SERVICE SYSTEM [Mr. LEWIS] and the gentleman from man, will the gentleman yield? SALARIES AND EXPENSES Ohio [Mr. STOKES], the ranking mem- Mr. BRADY. I yield to the gentleman For necessary expenses of the Selective ber, for their assistance in working on from California. Service System, including expenses of at- this issue. Mr. LEWIS of California. Mr. Chair- tendance at meetings and of training for uni- This did not just came up yesterday. man, I very much appreciate the gen- formed personnel assigned to the Selective We have a chronology of letters start- tleman bringing this to my attention Service System, as authorized by 5 U.S.C. ing in 1995, but also personal visits for one more time and in doing so rep- 4101–4118 for civilian employees; and not to 5 years with HUD officials to talk resenting his district so well. I thank exceed $1,000 for official reception and rep- resentation expenses; $23,413,000: Provided, about upgrading the office and needs of the gentleman for his remarks and Houston. HUD, plain and simple, has That during the current fiscal year, the pledge to work with him on the issue President may exempt this appropriation been unresponsive to the needs of the as we move through the conference from the provisions of 31 U.S.C. 1341, when- citizens of Houston. Because of this, with the Senate. ever he deems such action to be necessary in those of us who share Houston, Mr. I might add further, for the Members, the interest of national defense: Provided fur- Chairman, will be back and looking to the amendment pending is supported ther, That none of the funds appropriated by see that the citizens of Houston get the by the gentleman from Ohio [Mr. this Act may be expended for or in connec- service they deserve. tion with the induction of any person into STOKES] and me. It will be passed by a the Armed Forces of the United States. Ms. JACKSON-LEE of Texas. Mr. voice vote, and following that I believe AMENDMENT OFFERED BY MR. WISE Chairman, will the gentleman yield? we will get to the end of the title and Mr. GREEN. I yield to the gentle- Mr. WISE. Mr. Chairman, I offer an have a series of votes at that point in amendment. woman from Texas. time. The CHAIRMAN. The time of the The Clerk read as follows: Mr. BRADY. Mr. Chairman, I thank gentleman from Texas [Mr. GREEN] has Amendment offered by Mr. WISE: expired. the gentleman. At the end of title III, insert the following: (On request of Ms. JACKSON-LEE of The CHAIRMAN. The Clerk will read. CHEMICAL SAFETY AND HAZARD INVESTIGATION Texas, and by unanimous consent, Mr. The Clerk read as follows: BOARD (INCLUDING TRANSFER OF FUNDS) For necessary expenses of the Chemical GREEN was allowed to proceed for 1 ad- MAJOR RESEARCH EQUIPMENT ditional minute.) Safety and Hazard Investigation Board, as For necessary expenses of major construc- authorized by section 112(r)(6) of the Clean Ms. JACKSON-LEE of Texas. Mr. tion projects pursuant to the National Air Act, $3,000,000 which shall be derived by Chairman, I want to applaud the gen- Science Foundation Act of 1950, as amended, transfer from amounts made available in the tleman for his foresight on this amend- $175,000,000, to remain available until ex- account for ‘‘ENVIRONMENTAL PROTEC- ment. I am sorry that his amendment pended. TION AGENCY—Environmental Programs was not offered. I wanted to join him in EDUCATION AND HUMAN RESOURCES and Management’’. the great concern for an enhanced HUD For necessary expenses in carrying out Mr. WISE. Mr. Chairman, following office in the Houston area serving all of science and engineering education and the discussion I believe there are sev- our districts. human resources programs and activities eral Members that wish to discuss this. Particularly I want to emphasize the pursuant to the National Science Founda- The agreement I had with our chair- need for an inspector general, and, as tion Act of 1950, as amended (42 U.S.C. 1861– man and ranking member was that we well, the gentleman is right with the 1875), including services as authorized by 5 U.S.C. 3109 and rental of conference rooms in would then move to or ask permission enterprise zone money. We want the the District of Columbia, $632,500,000, to re- to withdraw the amendment. best utilization of those enterprise main available until September 30, 1999: Pro- It is important to have this amend- zone moneys, and a planning compo- vided, That to the extent that the amount of ment up for discussion. What this nent would be vital. I hope HUD will this appropriation is less than the total amendment does is to remove, to trans- listen to us. I hope that we can again amount authorized to be appropriated for in- fer, not to remove but to transfer $3 have another meeting, this time with cluded program activities, all amounts in- million from the EPA Environmental Secretary Cuomo, on this very impor- cluding floors and ceilings, specified in the Programs and Management Fund to tant issue that would help enhance this authorizing Act for those program activities the Chemical Safety and Hazard Inves- or their subactivities shall be reduced pro- area. portionally. tigation Board. What is the Chemical Mr. GREEN. Mr. Chairman, again, I Safety and Hazard Investigation thank the chairman for the commit- SALARIES AND EXPENSES Board? A very good question. It is a ment to work with us over the next For salaries and expenses necessary in car- board that was created by this Con- year, and we will be looking for other rying out the National Science Foundation gress in 1990. And it was directed that opportunities to address the needs of Act of 1950, as amended (42 U.S.C. 1861–1875); services authorized by 5 U.S.C. 3109; hire of there be five appointees by the Presi- Houston. passenger motor vehicles, not to exceed dent in creating this board that is Mr. BRADY. Mr. Chairman, I move $9,000 for official reception and representa- similar to the National Transportation to strike the requisite number of tion expenses; uniforms or allowances there- Safety Board. words. for, as authorized by 5 U.S.C. 5901–5902; rent- The Chemical Safety Board was es- Mr. Chairman, I would like to engage al of conference rooms in the District of Co- tablished as an independent agency the chairman in a brief colloquy re- lumbia; reimbursement of the General Serv- modeled after the Transportation Safe- garding the Center for Space Power. ices Administration for security guard serv- ty Board and charged with investigat- The Center for Space Power is located ices and headquarters relocation; $136,950,000: ing and reporting findings concerning Provided, That contracts may be entered into at Texas A&M University in College under ‘‘Salaries and expenses’’ in fiscal year chemical-related accidents. Station, TX, in the Eighth District 1998 for maintenance and operation of facili- In 1994 the Senate actually confirmed which I represent. The center provides ties, and for other services, to be provided three of the President’s nominees as many positive benefits to the space in- during the next fiscal year. board members. Three of the five have dustry, such as developing technologies OFFICE OF INSPECTOR GENERAL been confirmed by the Senate. How- for space power, commercial ventures, ever, since then the administration, For necessary expenses of the Office of In- and conducting research and develop- spector General as authorized by the Inspec- and particularly the Office of Manage- ment for space power with NASA. tor General Act of 1978, as amended, ment and Budget, have refused to sub- Mr. Chairman, I would like to work $4,850,000, to remain available until Septem- mit the board’s budget to the Congress with the gentleman to request inclu- ber 30, 1999. of the United States. July 16, 1997 CONGRESSIONAL RECORD — HOUSE H5337 What we are doing is asking in this What he has done there in some provide a circuit breaker so we can get amendment that the Congress take ways, in many ways is what is trying back to a discussion of the problems some of the money that is necessary to be done on a national level. It has that confront these industries. for the operation of this board and ac- two other board members. They are I just wondered if the gentleman tually give it to the board. called upon to go out and investigate knows, my understanding is this You might ask, why is it the admin- accidents. The only problem is they memorandum of understanding has not istration has refused to act upon and have no money to get there. They have been completed, and EPA itself has mandate a directive of the Congress? nothing that they can do once they are some serious questions about whether The administration says that in the in- there. or not they have the authority to con- vestigation of chemical accidents, that So what this amendment would seek duct their part that has been assigned the EPA and OSHA can do the same to do is to send a clear statement to to them by the administration. job. But that is not what the Congress the administration that what Congress Mr. WISE. Reclaiming my time, Mr. thought in 1990. In fact, the Congress has directed that you create, namely, Chairman, the memorandum is truly directed that in creating the Chemical the Chemical Safety Board, that a nonfunctional at this point, is my un- Safety Board in the same manner as board in which there are already three derstanding, and the two agencies sim- the National Transportation Safety presidential appointees, not only ap- ply are not working together, either Board, that it would be able to have en- pointees nominated but appointees under it or in any other context, as hanced ability to investigate the root confirmed by the Senate, indeed a they should be. causes of chemical accidents and chem- board that has powers unique to itself And, indeed, as the gentleman points ical incidents. and very important to the true inves- out, they will never be able to perform The purpose is to create a board simi- tigation of chemical-related accidents, the purpose of this board because they lar to the National Transportation that this board be adequately funded. do bring the prosecutorial side to it Safety Board, a board which would Mr. MILLER of California. Mr. Chair- and the regulatory side. Mr. MILLER of California. If the gen- have authority to investigate and re- man, will the gentleman yield? tleman will continue to yield, the in- port on root causes of chemical acci- Mr. WISE. I yield to the gentleman dustry has got to be reluctant to allow dents, a board that would not assign from California. EPA in because EPA has another func- blame for specific accidents, and indeed Mr. MILLER of California. Mr. Chair- tion. OSHA has another function. That a board in which the information pre- man, I thank the gentleman for yield- is, in fact, they have to fine them or sented to it could not be used for pros- ing to me. I thank him very much for deal with the industries in a regulatory ecution or litigation; in other words, a offering this amendment and for the sense if they see these flaws. And yet board that all parties could feel com- committee’s indulgence in our consid- those are the same agencies we are fortable working with. eration of this amendment. asking to come in and do an impartial Does this take away the very impor- I believe that this is a terribly impor- tant powers of the EPA and OSHA? No, discussion, investigation of the root tant amendment. Like the gentleman causes. it does not. They still have their regu- from West Virginia, I represent a con- Mr. WISE. Mr. Chairman, this is like latory powers. They still have their stituency that has many petrochemical if someone knows they have a problem prosecutorial powers. They still have industries within the boundaries of my and they want to clean it up but the their investigative powers. But this congressional district. We have refiner- only person they can invite in is the board would be able to get at the root ies and we have manufacturers of policeman and the prosecuting attor- causes in ways that the EPA and OSHA chemicals and users of those chemi- ney. never could. cals. Mr. MILLER of California. Exactly. The administration claims that there The CHAIRMAN. The time of the That is the importance. And I would is a memorandum of understanding gentleman from West Virginia [Mr. hope that the committee, in further de- fully functional between EPA and WISE] has expired. liberations, would consider funding OSHA that makes it unnecessary to (On request of Mr. MILLER of Califor- this board. have this board. Not the case. In the nia, and by unanimous consent, Mr. I think this board that was arrived at roughly two years that OSHA and EPA WISE was allowed to proceed for 3 addi- is an answer that was arrived at by in- have operated under the board’s func- tional minutes.) dustry, by concerned citizens, by pro- tion, they have produced no joint re- b 1430 fessional organizations so that we ports on accidents, sometimes in viola- could, in fact, get to the root causes of tion of their own deadlines. Perhaps Mr. MILLER of California. Mr. Chair- some tragic, tragic accidents, that I they do not work as well together as man, I think the gentleman makes an will go into in a moment here that they should. important point that this board holds have happened not only in my district At any rate, this board is directed to out the prospect of allowing the com- but elsewhere in the country; and, do exactly what EPA and OSHA are not munities and the industries to cohabi- again, I thank the gentleman for offer- doing so well together. This board is tate, because the industry knows that ing his amendment. the only entity that has the solid stat- it can invite this board in to look at The CHAIRMAN. The time of the utory and legal authority to inves- the root causes of these serious acci- gentleman from West Virginia [Mr. tigate accidents. The root causes of ac- dents and explosions and other inci- WISE] has again expired. cidents are what we are trying to get dents and not suffer the concern about (By unanimous consent, Mr. WISE at. Is there a pattern? How can you liability; that this evidence or this dis- was allowed to proceed for 1 additional avert that pattern? That is what this cussion or this investigation can be minute.) board is about. used in litigation. And then they can Mr. WISE. Mr. Chairman, I simply The board commands community share that with others in the industry want to say that, for those who would support. It has industrial support. It in similarly situated facilities and feel that it is hard to make progress has union support. Indeed, much as the hopefully reduce and improve their ef- sometimes when there is only an op- National Transportation Safety Board ficiency, reduce the accidents and have tion of more prosecution or more regu- has provided the necessary credibility some confidence of the community lation, then this board, I think, meets and the necessary research into the that, in fact, an effort is made to get to those concerns because the information cause of aviation and railroad and the root causes. derived from its findings cannot be other accidents, so the Chemical Safe- In my own community we have suf- used in prosecution or litigation. For ty Board would do the same. It has a fered a number of accidents in this re- those who believe from an environ- chairman, Paul Hill, who has a great cent year, but the problem is that the mental standpoint that we need more deal of respect. He is presently chair community has lost its faith in the investigation of chemical accidents, and president of the National Institute regulatory agencies. They are in a con- this board also meets those concerns. of Chemical Studies created in my frontation with the regulator, with the That is why I am grateful for the bi- State of West Virginia following the industries. They have lost their faith partisan support, such as the gen- Bhopal tragedy. in the industry. I believe this board can tleman from Pennsylvania [Mr. FOX], H5338 CONGRESSIONAL RECORD — HOUSE July 16, 1997 the gentleman from New York [Mr. regulatory body which would enhance however, in failing to fund that board BOEHLERT], the gentleman from Cali- public safety. since then. fornia [Mr. MILLER], and others who Mr. MILLER of California. Mr. Chair- The current system of root cause in- have been so active in promoting this. man, I move to strike the last word. vestigation is unacceptable. President Mr. FOX of Pennsylvania. Mr. Chair- Mr. Chairman, I thank the gentleman Clinton, in an effort to reinvent gov- man, I rise in support of this amend- from Pennsylvania [Mr. FOX] for his ernment, divided the board’s respon- ment. support of the amendment offered by sibilities and assigned them to the EPA I first want to thank the gentleman the gentleman from West Virginia [Mr. and to OSHA. from West Virginia [Mr. WISE], the WISE]. EPA, part of the overall funding in- gentleman from California [Mr. MIL- Mr. Chairman, in January of this crease in this bill, has been given addi- LER] and the gentleman from New York year a hydrocracker reactor exploded tional funding to carry out this mis- [Mr. BOEHLERT] for their leadership on at an oil refinery in my district and sion. OSHA, on the other hand, has this issue. killed a worker, Michael Glanzman, been asked to perform this with addi- I rise with my colleagues to offer the and injured 44 others in a blast that tional responsibility with no additional amendment. In offering the amend- could be felt 20 miles away. funding, further taxing the limited re- ment we wish to raise awareness on an The year before that, again in my sources of this important agency. environmental and safety issue which district, two workers were injured Mr. Chairman, I support the work of is nonregulatory in nature. We are ask- when a hydrogen unit blew up. The ex- EPA and OSHA, but it is improper and ing the House to act and appropriate plosion sent a 24-inch elbow pipe which impractical to ask them to carry out funds for the chemical safety and haz- crashed into a trailer normally filled the investigation of the root causes of ard investigation board. It is our belief with workers but, thankfully, was chemical accidents. EPA and OSHA are this board has the potential to save empty during the accident. regulatory, not investigatory agencies. lives through its findings and to en- In 1993 a toxic cloud of sulfuric acid For better or worse, they have often hance the public’s trust of Government spread throughout one area of my dis- had adversarial relationships with the and industry. trict, sending thousands of residents to industries that they are now being Created under the 1990 Clean Air Act the hospital and spurring a widespread asked to investigate. Moreover, Mr. amendments, the Chemical Safety effort to provide a better warning sys- Chairman, EPA and OSHA are facing Board was and is a forward-thinking tem to the local community in the difficulty working together under this concept, a board that would investigate event of future industrial accidents. vague memorandum of understanding the root causes of accidents without These accidents have cost these indus- referred to by the gentleman from West threatening companies with litigation tries tens of millions of dollars. Virginia. In the 2 years since they have or enforcement actions which may The amendment offered by my col- taken on the board’s mission, they come as a result of the involvement of league from West Virginia on behalf of have yet to produce an accident report a regulatory agency such as EPA or the gentleman from Pennsylvania [Mr. jointly, sometimes in violation of these OSHA. FOX], the gentleman from California deadlines. The board will allow more thorough [Mr. WAXMAN], the gentleman from More importantly, they have ques- investigations of accidents such as the New York [Mr. BOEHLERT] and the gen- tionable statutory authority, a star- explosion and fire in a tank farm and tleman from California [Mr. STARK] tling fact noticed by industry. In my oil plant in Freedom, PA, which left seeks to devote adequate resources to own district, EPA officials approaching three employees dead. The board’s find- prevent the kinds of horrific industrial a plant to investigate a recent accident ings may prevent further accidents chemical accidents that have killed were stopped at the gate by the plant such as the hydrogen peroxide explo- and injured workers by the score over employees who requested written au- sion at a chemical plant in Linwood, the years, terrifying and polluting our thority to enter the plant. EPA offi- PA, which left one plant worker dead. communities across this Nation. cials were not able to produce such au- I too share the concerns of many who The Chemical Safety Board, if funded thority and I understand were denied have followed the board’s history con- today, would help prevent fatal chemi- entry. The authority, Mr. Chairman, cerning the creation of a new Federal cal accidents from occurring in the fu- resides completely within the Chemical agency. However, it is my belief and ture. It will not do so by punishing Safety Board. that of others that the benefits that companies for past accidents but by This does not sound like prevention may accrue to the public, industry, and providing information on those acci- to me. I understand there is support for Government far outweigh this particu- dents so that the industry can learn the efforts in the Senate, and I would lar concern. A nonregulatory body such from their mistakes rather than simply urge the subcommittee chairman and as this, modeled after the respected Na- pay for them. the ranking member to consider sup- tional Transportation Safety Board, While responsible parties must ac- porting amendments today to transfer will lead to greater cooperation be- cept blame in the face of appropriate to the board and give funds to EPA to tween industry, labor, communities, penalties for violations of the law, the do the board’s work. It is not a large and governments in the interest of pub- board’s job is not to assign blame. That amount of money, but the board is not lic safety. Only the board will have the is the job of the regulatory agencies. a large institution. Let us fund the statutory authority to do this kind of The reports prepared by the board can- mission, let us send a message to the work in the most effective manner and not be used to sue chemical companies communities like mine and so many many in industry are beginning to rec- or to prosecute them. The board will others across the country that Con- ognize this. determine whether the accident is just gress supports an effort to make them I would prefer to see this board con- that or whether systematic errors are a safer place to live. duct the necessary investigations rath- at the heart of the tragedy, systematic Mr. LEWIS of California. Mr. Chair- er than another agency. Our amend- errors that can be addressed and hope- man, will the gentleman yield? ment would take $3 million already ap- fully be remedied. Mr. MILLER of California. I yield to propriated and direct it to the board. The board is modeled after the Na- the gentleman from California. We are interested in working with tional Transportation Safety Board, Mr. LEWIS of California. Mr. Chair- the chairman, who has done an out- which has helped to make flight one of man, I appreciate my colleague from standing job with the bill and with the the safest means of travel in the world. California yielding, and I appreciate committee and my colleagues to en- The Chemical Safety Board is an inves- very much the way the gentleman from sure that, should the board be funded, tigatory board that examines the root California, as well as the gentleman it would be closely watched and held to causes of industrial accidents resulting from West Virginia, are dealing with its primary mission of investigating in serious injuries, fatalities and major this issue today. accidents and providing safety rec- property damage. There is little doubt that the House ommendations for workers. Mr. Chairman, the Congress was cor- needs to clarify what is not occurring In that regard I ask that my col- rect when in 1990 it established a as a result of both the Congress and the leagues support our call for a non- Chemical Safety Board. It has erred, administration’s past directions. The July 16, 1997 CONGRESSIONAL RECORD — HOUSE H5339 problem is a very real problem that tigating the root causes of chemical accidents Coble Jefferson Pomeroy Collins Jenkins Porter faces the entire country and, indeed, and recommending approaches of preventing Combest John Portman the Hazardous Chemical Safety Board them, operating much like the respected Na- Condit Johnson (CT) Poshard should not be in the midst of this, and tional Transportation Safety Board. Costello Johnson (WI) Price (NC) I look forward to working with the Coyne Johnson, E. B. Pryce (OH) We need the Board today, just as badly as Cramer Jones Quinn gentlemen who are effectively con- we needed it in 1990. I urge you to support Crane Kanjorski Rahall cerned about the issue and appreciate the Wise amendment and full funding of the Cubin Kaptur Ramstad the manner in which they are handling Chemical Safety and Hazard Investigation Cummings Kasich Rangel Cunningham Kelly Redmond it today. Board. Danner Kennedy (MA) Regula Mr. MILLER of California. Mr. Chair- Mr. WISE. Mr. Chairman, in the Davis (FL) Kennedy (RI) Reyes man, reclaiming my time, I appreciate hopes that just as the House has lis- Davis (IL) Kennelly Riley the gentleman’s consideration in allow- tened, the Office of Management and Davis (VA) Kildee Rivers Deal Kilpatrick Rodriguez ing us to discuss this amendment, and Budget has also been listening. DeFazio Kim Roemer I hope we can work with him in the fu- Mr. Chairman, I ask unanimous con- DeGette Kind (WI) Rogan ture to make sure the full authority is sent to withdraw the amendment. Delahunt King (NY) Rogers restored to this board as well as its DeLauro Kleczka Rohrabacher The CHAIRMAN. Is there objection Dellums Klink Rothman funding. to the request of the gentleman from Dicks Klug Roukema Mr. WAXMAN. Mr. Chairman, I ask you to West Virginia? Dingell Kucinich Roybal-Allard support the Wise amendment to the VA± Dixon LaFalce Royce There was no objection. Doggett LaHood Rush HUD±independent agencies appropriations The CHAIRMAN. The amendment is Dooley Lampson Sabo bill. The amendment would reallocate to the withdrawn. Doyle Lantos Salmon Chemical Safety and Hazard Investigation Duncan Largent Sanchez SEQUENTIAL VOTES POSTPONED IN COMMITTEE Edwards Lazio Sanders Board the $3 million the Environmental Protec- OF THE WHOLE Ehlers Levin Sandlin tion Agency has asked for to perform the func- The CHAIRMAN. Pursuant to House Emerson Lewis (GA) Sanford tions of the Board. Engel Lewis (KY) Sawyer Resolution 184, proceedings will now English Linder Saxton Mr. Chairman, just last month: resume on those amendments on which One train worker was killed, two were in- Ensign Lipinski Schaefer, Dan further proceedings were postponed, in Eshoo LoBiondo Schaffer, Bob jured, and hundreds of people shut them- the following order: Etheridge Lofgren Schumer Evans Lowey Scott selves in their homes for hours after a train The amendment offered by the gen- carrying hazardous chemicals rear-ended a Everett Luther Sensenbrenner tleman from Wisconsin [Mr. OBEY], the Ewing Maloney (CT) Serrano coal train and burst into flames near Charles- amendment offered by the gentleman Farr Maloney (NY) Sessions ton, WV; Fattah Manton Shays from Ohio [Mr. STOKES], and the Five employees were sent to the hospital Fazio Manzullo Sherman amendment offered by the gentleman after a chemical spill at a silicon chip plant in Filner Markey Shimkus from Wisconsin [Mr. SENSENBRENNER]. Flake Martinez Sisisky San Jose; The Chair will reduce to 5 minutes Foglietta Mascara Skaggs Four workers were sent to the hospital after Forbes Matsui Skeen the time for any electronic vote after an unexplained escape of toxic chemical va- Ford McCarthy (MO) Skelton the first vote in this series. Fox McCarthy (NY) Slaughter pors from a tanker truck in Buffalo; Frank (MA) McDade Smith (MI) AMENDMENT OFFERED BY MR. OBEY Two high school seniors and a science Franks (NJ) McDermott Smith (NJ) teacher were sent to the hospital after a bottle The CHAIRMAN. The unfinished Frelinghuysen McGovern Smith (TX) of hydrochloric acid toppled over during chem- business is the demand for a recorded Frost McHale Smith, Adam Furse McHugh Smith, Linda istry class in Orange County, CA; vote on the amendment offered by the Gallegly McInnis Snyder Two workers were hospitalized for hydrogen gentleman from Wisconsin [Mr. OBEY] Gejdenson McIntyre Solomon cyanide exposure following a spill at a chemi- on which further proceedings were Gephardt McKinney Stabenow postponed and on which the noes pre- Gibbons McNulty Stark cal plant near Memphis; Gillmor Meehan Stenholm Two people were sent to the hospital after vailed by voice vote. Gilman Menendez Stokes a chemical spill at a chemical waste manage- The Clerk will designate the amend- Gonzalez Metcalf Strickland ment business near Dayton; ment. Goode Mica Stupak Goodlatte Millender- Sununu One employee was sent to the hospital after The text of the amendment is as fol- Goodling McDonald Talent a chemical spill at a factory in Mesa, AZ; lows: Gordon Miller (CA) Tanner Three hundred people were evacuated after Amendment offered by Mr. OBEY: Granger Minge Tauscher a tanker truck carrying toluene crashed in On page 7, line 6, after ‘‘$16,958,846,000,’’ in- Green Mink Taylor (MS) Greenwood Moakley Thune Blacksville, WV; sert ‘‘(increased by $48,000,000)’’. Gutierrez Molinari Thurman Hundreds of residents were evacuated after On page 57, line 7, after ‘‘$321,646,000,’’ in- Hall (OH) Moran (VA) Tierney a chlorine spill at a chemical plant in sert ‘‘(decreased by $60,000,000)’’. Hall (TX) Morella Torres Hamilton Nadler Towns RECORDED VOTE Watervliet, NY; Hastings (WA) Neal Traficant Two hundred people were evacuated and The CHAIRMAN. A recorded vote has Hayworth Ney Turner nearly two dozen sent to the hospital after a been demanded. Hefley Northup Upton hydrochloric acid spill from a tanker in Indus- A recorded vote was ordered. Hefner Norwood Velazquez Herger Obey Vento try, CA; The vote was taken by electronic de- Hill Olver Visclosky One hundred people were evacuated in vice, and there were—ayes 322, noes 110, Hilleary Ortiz Walsh south-central Los Angeles after the discovery not voting 2, as follows: Hinchey Owens Watt (NC) Hinojosa Pallone Watts (OK) of a toxic acid leak from a pressurized gas cyl- [Roll No. 276] Hobson Pappas Waxman inder left in a residential alley; AYES—322 Hoekstra Pascrell Weldon (PA) Residents were evacuated and train traffic Holden Pastor Weller Abercrombie Berry Buyer disrupted after a hydrochloric acid spill in Al- Hooley Paul Weygand Ackerman Bilirakis Callahan Horn Payne Whitfield bany, NY; and Aderholt Bishop Calvert Hostettler Pease Wicker Rush hour traffic was snarled for hours after Allen Blagojevich Camp Hoyer Pelosi Wise a tanker truck full of corrosive chemicals Andrews Blumenauer Campbell Hulshof Peterson (MN) Woolsey Baesler Blunt Canady crashed south of Boston. Jackson (IL) Peterson (PA) Wynn Baldacci Boehlert Cannon Jackson-Lee Petri Yates Every year thousands of chemical accidents Barcia Bonilla Capps (TX) Pickering Young (FL) are reported to the Federal Government, re- Barr Bonior Cardin Barrett (NE) Bono Carson NOES—110 sulting in death, injury, evacuation, and disrup- Barrett (WI) Borski Castle Archer Bateman Bunning tion of the economy. That is why, in the reau- Bartlett Boucher Chabot Armey Bilbray Burr Bass thorization of the Clean Air Act in 1990, Con- Boyd Chambliss Bachus Bliley Burton Becerra gress established the Chemical Safety and Brown (CA) Christensen Baker Boehner Chenoweth Bentsen Brown (FL) Clay Ballenger Boswell Clyburn Hazard Investigation Board. The Board was Bereuter Brown (OH) Clayton Barton Brady Coburn intended to be an independent body inves- Berman Bryant Clement H5340 CONGRESSIONAL RECORD — HOUSE July 16, 1997

Conyers Inglis Pitts AMENDMENT OFFERED BY MR. STOKES Sisisky Stupak Velazquez Cook Istook Pombo Skaggs Sununu Vento Cooksey Johnson, Sam Radanovich The CHAIRMAN. The pending busi- Skelton Talent Visclosky Cox Kingston Riggs ness is the demand for a recorded vote Slaughter Tanner Waters Crapo Knollenberg Ros-Lehtinen on the amendment offered by the gen- Smith (MI) Tauscher Watt (NC) DeLay Kolbe Ryun tleman from Ohio [Mr. STOKES] on Smith, Adam Taylor (MS) Waxman Deutsch Latham Scarborough Snyder Thompson Wexler Diaz-Balart LaTourette Shadegg which further proceedings were post- Spratt Thurman Weygand Dickey Leach Shaw poned and on which the ayes prevailed Stabenow Tierney Whitfield Doolittle Lewis (CA) Shuster by voice vote. Stark Towns Wise Dreier Livingston Smith (OR) Stenholm Traficant Woolsey Dunn Lucas Snowbarger The Clerk will designate the amend- Stokes Turner Wynn Ehrlich McCollum Souder ment. Strickland Upton Yates Fawell McCrery Spence The Clerk designated the amend- NOES—187 Foley McIntosh Spratt ment. Fowler McKeon Stearns Aderholt Gibbons Nussle Ganske Meek Stump RECORDED VOTE Archer Gilchrest Oxley Gekas Miller (FL) Tauzin The CHAIRMAN. A recorded vote has Armey Goodling Packard Gilchrest Mollohan Taylor (NC) Bachus Goss Pappas Goss Moran (KS) Thomas been demanded. Baker Graham Parker Graham Murtha Thompson A recorded vote was ordered. Ballenger Granger Paxon Gutknecht Myrick Thornberry The CHAIRMAN. This will be a 5- Barrett (NE) Gutknecht Pease Hansen Nethercutt Tiahrt minute vote. Bartlett Hansen Peterson (PA) Harman Neumann Wamp Barton Harman Pickering Hastert Nussle Waters The vote was taken by electronic de- Bass Hastert Pickett Hastings (FL) Oberstar Watkins vice, and there were—ayes 244, noes 187, Bateman Hastings (FL) Pitts Hilliard Oxley Weldon (FL) not voting 3, as follows: Bereuter Hastings (WA) Pombo Houghton Packard Wexler Berry Hayworth Portman Hunter Parker White [Roll No. 277] Bilbray Herger Pryce (OH) Hutchinson Paxon Wolf AYES—244 Bilirakis Hill Quinn Hyde Pickett Bliley Hilleary Radanovich Abercrombie Fazio Manton Blunt Hobson Redmond NOT VOTING—2 Ackerman Filner Markey Boehner Hostettler Regula Schiff Young (AK) Allen Flake Martinez Bonilla Houghton Riggs Andrews Foglietta Mascara Bono Hulshof Riley b 1520 Baesler Ford Matsui Boswell Hunter Rogan Baldacci Frank (MA) McCarthy (MO) Messrs. WATKINS, SOUDER, and Brady Hyde Rogers Barcia Frelinghuysen McCarthy (NY) Brown (FL) Inglis Ros-Lehtinen SPRATT changed their vote from Barr Frost McDermott Bunning Istook Ryun ‘‘aye’’ to ‘‘no.’’ Barrett (WI) Furse McGovern Burr Jenkins Salmon Messrs. DAVIS of Virginia, HALL of Becerra Gejdenson McHale Burton Johnson, Sam Saxton Bentsen Gephardt McKinney Texas, RUSH, PEASE, LOBIONDO, Buyer Kim Scarborough Berman Gillmor McNulty Callahan King (NY) Schaefer, Dan BRYANT, GIBBONS, TOWNS, SES- Bishop Gilman Meehan Calvert Kingston Schaffer, Bob SIONS, SMITH of Michigan, BEREU- Blagojevich Gonzalez Menendez Cannon Knollenberg Shadegg TER, CRAMER, GOODLATTE, DIXON, Blumenauer Goode Millender- Chenoweth Kolbe Shaw Boehlert Goodlatte McDonald ENSIGN, GALLEGLY, FRANKS of New Christensen LaHood Shimkus Bonior Gordon Miller (CA) Coble Largent Shuster Jersey, DAVIS of Illinois, REDMOND, Borski Green Minge Coburn Latham Skeen CASTLE, EHLERS, Boucher Greenwood Mink Cook LaTourette Smith (NJ) Boyd Gutierrez Moakley Cooksey Lazio Smith (OR) FRELINGHUYSEN, BERRY, QUINN, Brown (CA) Hall (OH) Moran (VA) LAZIO of New York, PETERSON of Crapo Lewis (CA) Smith (TX) Brown (OH) Hall (TX) Morella Cubin Lewis (KY) Smith, Linda Pennsylvania, CUNNINGHAM, Bryant Hamilton Nadler Cunningham Linder Snowbarger LAHOOD, EWING, ROGAN, JEFFER- Camp Hefley Neal Davis (VA) Livingston Solomon SON, HERGER, YOUNG of Florida, Campbell Hefner Neumann Deal LoBiondo Souder Canady Hilliard Norwood DeLay Lucas Spence HASTINGS of Washington, SOLOMON, Capps Hinchey Oberstar Deutsch Manzullo Stearns SAXTON, CANNON, WATT of North Cardin Hinojosa Obey Diaz-Balart McCollum Stump Carolina, LEWIS of Kentucky, KA- Carson Hoekstra Olver Dickey McCrery Tauzin Castle Holden Ortiz SICH, OWENS, SALMON, METCALF, Doolittle McDade Taylor (NC) Chabot Hooley Owens Dreier McHugh Thomas REGULA, HILL, GOODLING, Chambliss Horn Pallone Dunn McInnis Thornberry CUMMINGS, SKEEN, CHABOT, Clay Hoyer Pascrell Ehlers McIntosh Thune Clayton Hutchinson Pastor Ehrlich McIntyre Tiahrt LAMPSON, GREENWOOD, FOX of Clement Jackson (IL) Paul Pennsylvania, DEAL of Georgia, SEN- Emerson McKeon Walsh Clyburn Jackson-Lee Payne English Meek Wamp SENBRENNER, ADERHOLT, RILEY, Collins (TX) Pelosi Everett Metcalf Watkins LINDER, BASS, SHIMKUS, ENGLISH Combest Jefferson Peterson (MN) Ewing Mica Watts (OK) of Pennsylvania, WALSH, COLLINS, Condit John Petri Fawell Miller (FL) Weldon (FL) Conyers Johnson (CT) Pomeroy Foley Molinari Weldon (PA) MICA, NORWOOD, Mrs. KELLY, Mrs. Costello Johnson (WI) Porter Forbes Mollohan Weller EMERSON, Mrs. CUBIN, Mrs. Cox Johnson, E. B. Poshard Fowler Moran (KS) White NORTHUP, Mrs. CLAYTON, Ms. JACK- Coyne Jones Price (NC) Fox Murtha Wicker Cramer Kanjorski Rahall SON-LEE of Texas, Ms. KAPTUR, Ms. Franks (NJ) Myrick Wolf Crane Kaptur Ramstad Gallegly Nethercutt Young (FL) PRYCE of Ohio, Ms. MOLINARI, and Cummings Kasich Rangel Ganske Ney Messrs. WELDON of Pennsylvania, Danner Kelly Reyes Gekas Northup Davis (FL) Kennedy (MA) Rivers HOEKSTRA, BARR of Georgia, CAL- Davis (IL) Kennedy (RI) Rodriguez NOT VOTING—3 LAHAN, HAYWORTH, EVERETT, DeFazio Kennelly Roemer Schiff Torres Young (AK) PORTMAN, Ms. GRANGER, and DeGette Kildee Rohrabacher Messrs. COMBEST, WYNN, SMITH of Delahunt Kilpatrick Rothman b 1529 DeLauro Kind (WI) Roukema Texas, MCDADE, CHAMBLISS, CAL- Dellums Kleczka Roybal-Allard Mrs. KELLY changed her vote from VERT, KIM, BARRETT of Nebraska, Dicks Klink Royce ‘‘no’’ to ‘‘aye.’’ MCINTYRE, BONILLA, BLUNT, WICK- Dingell Klug Rush So the amendment was agreed to. Dixon Kucinich Sabo The result of the vote was announced ER, GILLMOR, BISHOP, THUNE, ROG- Doggett LaFalce Sanchez ERS, LARGENT, BONO, PICKERING, Dooley Lampson Sanders as above recorded. HILLEARY, HOBSON, CRANE, Doyle Lantos Sandlin AMENDMENT OFFERED BY MR. SENSENBRENNER COBLE, WATTS of Oklahoma, Ms. Duncan Leach Sanford The CHAIRMAN. The pending busi- Edwards Levin Sawyer MILLENDER-MCDONALD, Ms. Engel Lewis (GA) Schumer ness is the demand for a recorded vote BROWN of Florida, and Mr. RANGEL Ensign Lipinski Scott on the amendment offered by the gen- changed their vote from ‘‘no’’ to ‘‘aye.’’ Eshoo Lofgren Sensenbrenner tleman from Wisconsin [Mr. SENSEN- Etheridge Lowey Serrano BRENNER] on which further proceedings So the amendment was agreed to. Evans Luther Sessions The result of the vote was announced Farr Maloney (CT) Shays were postponed and on which the noes as above recorded. Fattah Maloney (NY) Sherman prevailed on voice vote. July 16, 1997 CONGRESSIONAL RECORD — HOUSE H5341 The Clerk will designate the amend- Brown (FL) Hilliard Packard such travel expenses may not exceed the ment. Bunning Hinchey Parker amounts set forth therefore in the budget es- Burr Hinojosa Pascrell timates submitted for the appropriations: The Clerk designated the amend- Callahan Hobson Pastor Provided, That this provision does not apply ment. Calvert Horn Payne Capps Houghton Peterson (MN) to accounts that do not contain an object RECORDED VOTE Cardin Hoyer Pickett classification for travel: Provided further, The CHAIRMAN. A recorded vote has Castle Hulshof Price (NC) That this section shall not apply to travel been demanded. Chambliss Hyde Pryce (OH) performed by uncompensated officials of Clay Jackson (IL) Radanovich A recorded vote was ordered. local boards and appeal boards of the Selec- Clayton Jackson-Lee Rahall tive Service System; to travel performed di- The CHAIRMAN. This will be a 5- Clement (TX) Redmond rectly in connection with care and treatment minute vote. Clyburn Jefferson Regula Conyers John Reyes of medical beneficiaries of the Department of The vote was taken by electronic de- Cooksey Johnson (CT) Riley Veterans Affairs; to travel performed in con- vice, and there were—ayes 200, noes 227, Cramer Johnson (WI) Rodriguez nection with major disasters or emergencies not voting 7, as follows: Cummings Johnson, E. B. Rogan declared or determined by the President Davis (FL) Kennedy (MA) Rogers [Roll No. 278] under the provisions of the Robert T. Staf- Davis (IL) Kennedy (RI) Rothman ford Disaster Relief and Emergency Assist- AYES—200 DeGette Kennelly Roybal-Allard DeLauro Kildee Rush ance Act; to travel performed by the Offices Ballenger Hamilton Paul DeLay Kilpatrick Ryun of Inspector General in connection with au- Barr Hastert Paxon Deutsch Kim Sabo dits and investigations; or to payments to Barrett (WI) Hayworth Pease Dickey King (NY) Sanchez interagency motor pools where separately Bartlett Hefley Pelosi Dicks Knollenberg Sandlin Bass Hefner Peterson (PA) set forth in the budget schedules: Provided Dixon Kolbe Sawyer Bereuter Herger Petri further, That if appropriations in titles I, II, Doggett Kucinich Saxton Bilbray Hill Pickering and III exceed the amounts set forth in budg- Dooley Lampson Scarborough Bilirakis Hilleary Pitts Doolittle Lantos Scott et estimates initially submitted for such ap- Bliley Hoekstra Pombo Dreier LaTourette Sessions propriations, the expenditures for travel may Blumenauer Holden Pomeroy Dunn Lewis (CA) Shaw correspondingly exceed the amounts there- Blunt Hooley Porter Edwards Lewis (GA) Sherman fore set forth in the estimates in the same Boehlert Hostettler Poshard Ehrlich Lewis (KY) Sisisky Borski Hunter Quinn proportion. Engel Livingston Skaggs Brown (OH) Hutchinson Ramstad SEC. 402. Appropriations and funds avail- Etheridge Lofgren Skeen Bryant Inglis Riggs able for the administrative expenses of the Everett Maloney (CT) Smith (OR) Burton Istook Rivers Department of Housing and Urban Develop- Farr Maloney (NY) Smith, Adam Buyer Jenkins Roemer Fazio Manton Smith, Linda ment and the Selective Service System shall Camp Johnson, Sam Rohrabacher Filner Martinez Snowbarger be available in the current fiscal year for Campbell Jones Ros-Lehtinen Flake Matsui Snyder purchase of uniforms, or allowances therefor, Canady Kanjorski Roukema Foglietta McCarthy (NY) Stenholm Cannon Kaptur Royce as authorized by 5 U.S.C. 5901–5902; hire of Foley McCollum Stokes Carson Kasich Salmon passenger motor vehicles; and services as au- Forbes McCrery Stump Chabot Kelly Sanders thorized by 5 U.S.C. 3109. Ford McDade Tanner Chenoweth Kind (WI) Sanford SEC. 403. Funds of the Department of Hous- Fowler McDermott Tauscher Christensen Kingston Schaefer, Dan Fox McGovern Taylor (MS) ing and Urban Development subject to the Coble Kleczka Schaffer, Bob Franks (NJ) McHale Thompson Government Corporation Control Act or sec- Coburn Klink Schumer Frelinghuysen McHugh Thornberry tion 402 of the Housing Act of 1950 shall be Collins Klug Sensenbrenner Frost McIntyre Thurman available, without regard to the limitations Combest LaFalce Serrano Furse McKeon Tiahrt Condit LaHood Shadegg on administrative expenses, for legal serv- Gallegly McKinney Towns Cook Largent Shays ices on a contract or fee basis, and for utiliz- Gejdenson Meek Turner Costello Latham Shimkus ing and making payment for services and fa- Gephardt Metcalf Velazquez Cox Lazio Shuster Gilchrest Mica Walsh cilities of Federal National Mortgage Asso- Coyne Leach Skelton Goodling Millender- Waters ciation, Government National Mortgage As- Crane Levin Slaughter Gordon McDonald Watt (NC) sociation, Federal Home Loan Mortgage Cor- Crapo Linder Smith (MI) Goss Mink Weldon (FL) poration, Federal Financing Bank, Federal Cubin Lipinski Smith (NJ) Graham Mollohan Weller Cunningham LoBiondo Smith (TX) Reserve banks or any member thereof, Fed- Granger Moran (VA) Wexler Danner Lowey Solomon eral Home Loan banks, and any insured bank Green Murtha Weygand Davis (VA) Lucas Souder within the meaning of the Federal Deposit Greenwood Myrick White Deal Luther Spence Hall (OH) Neal Wicker Insurance Corporation Act, as amended (12 DeFazio Manzullo Stabenow Hall (TX) Ney Wise U.S.C. 1811–1831). Delahunt Markey Stark Hansen Northup Wolf SEC. 404. No part of any appropriation con- Dellums Mascara Stearns Harman Ortiz Wynn tained in this Act shall remain available for Diaz-Balart McCarthy (MO) Strickland Hastings (FL) Owens Dingell McInnis Stupak obligation beyond the current fiscal year un- Hastings (WA) Oxley Doyle McIntosh Sununu less expressly so provided herein. Duncan McNulty Talent NOT VOTING—7 SEC. 405. No funds appropriated by this Act Ehlers Meehan Tauzin may be expended— Gonzalez Schiff Young (AK) Emerson Menendez Taylor (NC) (1) pursuant to a certification of an officer Portman Spratt English Miller (CA) Thomas Rangel Torres or employee of the United States unless— Ensign Miller (FL) Thune (A) such certification is accompanied by, Eshoo Minge Tierney b 1538 or is part of, a voucher or abstract which de- Evans Moakley Traficant Ewing Molinari Upton Mr. FORBES changed his vote from scribes the payee or payees and the items or Fattah Moran (KS) Vento ‘‘aye’’ to ‘‘no.’’ services for which such expenditure is being Fawell Morella Visclosky Mr. SKELTON and Mr. PALLONE made, or Frank (MA) Nadler Wamp (B) the expenditure of funds pursuant to Ganske Nethercutt Watkins changed their vote from ‘‘no’’ to ‘‘aye.’’ such certification, and without such a vouch- Gekas Neumann Watts (OK) So the amendment was rejected. er or abstract, is specifically authorized by Gibbons Norwood Waxman The result of the vote was announced law; and Gillmor Nussle Weldon (PA) (2) unless such expenditure is subject to Gilman Oberstar Whitfield as above recorded. Goode Obey Woolsey PERSONAL EXPLANATION audit by the General Accounting Office or is Goodlatte Olver Yates Mr. PORTMAN. Mr. Chairman, because I specifically exempt by law from such audit. Gutierrez Pallone Young (FL) Ms. DEGETTE. Mr. Chairman, I move Gutknecht Pappas was unavoidably detained, I was not in attend- ance for rollcall vote No. 278. to strike the last word. NOES—227 Had I been in attendance, I would have Mr. Chairman, first of all, I would Abercrombie Baldacci Blagojevich voted ``aye''. like to thank the chairman, the gen- Ackerman Barcia Boehner The CHAIRMAN. The Clerk will read. tleman from California [Mr. LEWIS] and Aderholt Barrett (NE) Bonilla Allen Barton Bonior The Clerk read as follows: the ranking member of the subcommit- Andrews Bateman Bono TITLE IV—GENERAL PROVISIONS tee, the gentleman from Ohio [Mr. Archer Becerra Boswell TOKES SEC. 401. Where appropriations in titles I, S ] for the work they have done Armey Bentsen Boucher on this bill. As the distinguished chair- Bachus Berman Boyd II, and III of this Act are expendable for Baesler Berry Brady travel expenses and no specific limitation man from California knows, I was in- Baker Bishop Brown (CA) has been placed thereon, the expenditures for clined to offer an amendment to title II H5342 CONGRESSIONAL RECORD — HOUSE July 16, 1997 of this bill to increase the community have both agreed to work with us to stricts the use of the money provided development block grant by $25 million find as much money as we can to put under the EPA’s program. What I for the redevelopment of polluted towards this brownfields redevelop- would hope is that when we get to con- urban brownfield sites. I understand ment, and I do want to thank the Chair ference, that my colleagues on the that the chairman supports brownfields for recognizing me today. committee would reconsider this limi- redevelopment, but has some concerns Mr. PALLONE. Mr. Chairman, I tation so that money is either added, about dealing with this particular ini- move to strike the last word. or at least the restrictive language is tiative which has not been authorized Mr. Chairman, I just wanted to join taken away so that some of this money in this bill. I can appreciate that. By with my colleague from Colorado in can actually be used for cleanup and agreement, we have decided not to her effort. I understand, as she said, restoration. offer the amendment today. that this amendment on brownfields Otherwise, I do want to thank the I would like to speak for a few min- redevelopment will not be offered, but members of the subcommittee for their utes, however, about the need to under- we did want to make a statement work, and again join with my colleague take brownfields development. about why we think that the substance from Colorado in making this point. b 1545 of that amendment is significant. Basi- The CHAIRMAN. The Clerk will read. cally what the gentlewoman says is The Clerk read as follows: I was disappointed to learn that this that this $25 million in additional SEC. 406. None of the funds provided in this legislation today does not include the funds would provide incentives to actu- Act to any department or agency may be ex- $25 million request from the adminis- pended for the transportation of any officer ally redevelop the brownfield sites. or employee of such department or agency tration to the Department of Housing I want to also mention that I am and Urban Development for grants for between his domicile and his place of em- pleased with what the gentleman from redevelopment of brownfields. As Mem- ployment, with the exception of any officer California [Mr. LEWIS] and the gen- bers know, title I of the Housing and or employee authorized such transportation tleman from Ohio [Mr. STOKES] did to under 31 U.S.C. 1344 or 5 U.S.C. 7905. Community Development Act of 1974, include $85 million in the bill for the SEC. 407. None of the funds provided in this as amended, authorizes the Secretary brownfields assessment program. That Act may be used for payment, through of HUD to make grants to units of is, of course, the assessment program. grants or contracts, to recipients that do not local government and States for local share in the cost of conducting research re- We, however, would like to see some community development programs. sulting from proposals not specifically solic- additional money available, as was The primary objective of the block ited by the Government: Provided, That the mentioned by the gentlewoman, for ac- grant program is to develop viable extent of cost sharing by the recipient shall urban communities and to expand eco- tual incentives to redevelop the sites. reflect the mutuality of interest of the I wanted to mention, Mr. Chairman, grantee or contractor and the Government in nomic opportunities, principally for that in June there were 85 House Mem- the research. low and moderate income persons. SEC. 408. None of the funds in this Act may Mr. Chairman, that gets to the heart bers on a bipartisan basis who sent a letter to the chairman and the ranking be used, directly or through grants, to pay or of what I, along with my colleague, the to provide reimbursement for payment of the gentleman from New Jersey [Mr. member in support of the President’s salary of a consultant (whether retained by PALLONE], today am trying to do here. request for a significant increase in the the Federal Government or a grantee) at The money we are talking about in this EPA’s brownfields assessment pro- more than the daily equivalent of the rate amendment would go toward the block gram, and I wanted to thank the gen- paid for level IV of the Executive Schedule, grant program to develop these viable tlewoman from Colorado [Ms. unless specifically authorized by law. DEGETTE], the gentlewoman from New SEC. 409. None of the funds provided in this urban communities and expand eco- Act shall be used to pay the expenses of, or York [Mrs. MALONEY] and the gen- nomic opportunities. otherwise compensate, non-Federal parties I can say that spending a lot of time tleman from Connecticut [Mr. SHAYS] intervening in regulatory of adjudicatory in my own community, I know how for joining me in initiating that letter proceedings. Nothing herein affects the au- vital redevelopment of brownfields can of support; also the gentleman from thority of the Consumer Product Safety be in urban areas and how exciting it Michigan [Mr. DINGELL], the ranking Commission pursuant to section 7 of the can be when these areas are redevel- member, who has been a constant lead- Consumer Product Safety Act (15 U.S.C. 2056 oped. As it is, brownfields are a blight er on the issue. We have a copy of this et seq.). SEC. 410. Except as otherwise provided on our urban and rural landscape. They letter and a list of Members who signed it. I will include that letter for the under existing law or under an existing Exec- are oftentimes abandoned industrial or utive Order issued pursuant to an existing commercial sites which remained unde- RECORD. law, the obligation or expenditure of any ap- veloped due to the uncertainty which Let me point out again, Mr. Chair- propriation under this Act for contracts for surrounds them. There is an estimate man, that the reason this is important any consulting service shall be limited to that there are approximately 450,000 is because brownfields redevelopment contracts which are (1) a matter of public brownfield sites around the country, has been and continues to be a priority record and available for public inspection, many of them in urban areas but also for many Members regardless of party and (2) thereafter included in a publicly available list of all contracts entered into some in suburban and rural areas. affiliation. We are very much united in this effort to guarantee that our chil- within twenty-four months prior to the date I have been encouraged by the admin- on which the list is made available to the istration’s brownfields request for the dren have access to open space and eco- public and of all contracts on which perform- EPA brownfields initiative and that it nomic opportunity by providing incen- ance has not been completed by such date. has been appropriated $85 million. How- tives for the cleanup and redevelop- The list required by the preceding sentence ever, this money is to be used only for ment of brownfields rather than the de- shall be updated quarterly and shall include assessment activities, not for cleanup velopment of pristine open space or the a narrative description of the work to be per- actions and redevelopment. so-called greenfields. formed under each such contract. I have personal experience with The Clinton administration has been SEC. 411. Except as otherwise provided by very helpful in assisting States and law, no part of any appropriation contained brownfields because I sponsored suc- in this Act shall be obligated or expended by cessful legislation in Colorado in 1993 local governments in promoting the re- any executive agency, as referred to in the which has now been used for over 60 development of these brownfields ini- Office of Federal Procurement Policy Act (41 brownfield sites in the State of Colo- tiatives. That is why I think it is very U.S.C. 401 et seq.), for a contract for services rado, not simply assessment but to ac- important to continue with this. I just unless such executive agency (1) has awarded tually clean up those sites. want to say I really believe very and entered into such contract in full com- If we are truly to clean up our urban strongly that this is something that pliance with such Act and the regulations communities, if we are truly to develop could be addressed in conference. promulgated thereunder, and (2) requires any urban areas, then we need to look at I am obviously concerned that in the report prepared pursuant to such contract, bill the subcommittee was not able to including plans, evaluations, studies, analy- all possible areas in the Government, ses and manuals, and any report prepared by not just the EPA but also HUD, to real- provide the money requested for this the agency which is substantially derived ly appropriate money. economic development grant program. from or substantially includes any report So that is why I am pleased that the I understand that there is language prepared pursuant to such contract, to con- chairman and the ranking member that was included that basically re- tain information concerning (A) the contract July 16, 1997 CONGRESSIONAL RECORD — HOUSE H5343 pursuant to which the report was prepared, used for implementing comprehensive con- portation of polychlorinated biphenyls, and (B) the contractor who prepared the re- servation and management plans. PCB’s, to be disposed of, including in- port pursuant to such contract. POINT OF ORDER cinerated, in the United States. SEC. 412. Except as otherwise provided in Mr. Chairman, the EPA issued a final section 406, none of the funds provided in Mr. SHUSTER. Mr. Chairman, I rise this Act to any department or agency shall to a point of order against section 420. rule on March 18, 1996 to allow the im- be obligated or expended to provide a per- The CHAIRMAN. The gentleman will portation of large quantities of PCB sonal cook, chauffeur, or other personal serv- state his point of order. waste, reversing an EPA ban that had ants to any officer or employee of such de- Mr. SHUSTER. Mr. Chairman, this been in place since 1980. Later that partment or agency. section violates clause 2 of rule XXI same month, the Sierra Club Legal De- SEC. 413. None of the funds provided in this which prohibits legislation on an ap- fense Fund initiated a legal challenge Act to any department or agency shall be ob- propriations bill. The section would to the EPA decision allowing for the ligated or expended to procure passenger automobiles as defined in 15 U.S.C. 2001 with override section 320(g) of the Federal importation of PCB’s based on the an EPA estimated miles per gallon average Water Pollution Control Act by au- opinion that it violated the Toxic Sub- of less than 22 miles per gallon. thorizing the use of funds for imple- stances Control Act of 1976. SEC. 414. None of the funds appropriated in mentation of comprehensive conserva- Additionally, during consideration of title I of this Act shall be used to enter into tion and management plans. H.R. 3666, the fiscal year 1997 VA–HUD any new lease of real property if the esti- Current law does not authorize the appropriations bill, the House adopted mated annual rental is more than $300,000 use of funds for implementation of a similar amendment I offered which unless the Secretary submits, in writing, a was later dropped in conference with report to the Committees on Appropriations plans but only for the development of of the Congress and a period of 30 days has plans. Therefore, the section is legisla- the other body. On July 8 of this year, expired following the date on which the re- tive in nature, in violation of rule XXI, the 9th Circuit U.S. Court of Appeals port is received by the Committees on Ap- clause 2. ruled, in a unanimous decision, that propriations. I would also point out, Mr. Chairman, EPA had violated the Toxic Substances SEC. 415. (a) It is the sense of the Congress that the Committee on Transportation Control Act of 1976. Chief Judge Proc- that, to the greatest extent practicable, all and Infrastructure will be considering tor Hug wrote: equipment and products purchased with EPA lacked the statutory authority to pro- funds made available in this Act should be the issue of authorizing and improving mulgate the import rule, which violates the American-made. the national estuary program during PCB manufacture ban contained in the Toxic (b) In providing financial assistance to, or this Congress. We are very much aware Substances Control Act. entering into any contract with, any entity of the need to implement plans to pro- using funds made available in this Act, the tect America’s estuaries. EPA, in the execution of the import head of each Federal agency, to the greatest The CHAIRMAN. Are there other for disposal rule, waived the yearly re- extent practicable, shall provide to such en- Members wishing to be heard on the quirement to obtain an exemption from tity a notice describing the statement made point of order? the administrator. This rule allowed in subsection (a) by the Congress. the continual import of PCB waste in SEC. 416. None of the funds appropriated in The Chair is prepared to rule. Section this Act may be used to implement any cap 420 of the bill explicitly, albeit indi- direct contradiction of the Toxic Sub- on reimbursements to grantees for indirect rectly, amends the Water Pollution stances Control Act of 1976. The court costs, except as published in Office of Man- Control Act. As such it constitutes leg- ruled that EPA’s 1996 rule providing for agement and Budget Circular A–21. islation in violation of clause 2(b) of the continuing importing indefinitely SEC. 417. Such sums as may be necessary rule XXI. The point of order is sus- without interruption violates congres- for fiscal year 1998 pay raises for programs tained. Section 420 is stricken from the sional intent with respect to the loan funded by this Act shall be absorbed within bill. exemption under TSCA which would the levels appropriated in this Act. only allow such imports if the EPA ad- SEC. 418. None of the funds made available The CHAIRMAN. The Clerk will read. in this Act may be used for any program, The Clerk read as follows: ministrator determines an unreason- project, or activity, when it is made known SEC. 421. Such funds as may be necessary able risk to injury or health or envi- to the Federal entity or official to which the to carry out the orderly termination of the ronment would not result because such funds are made available that the program, Office of Consumer Affairs shall be made exemption may not last longer than 1 project, or activity is not in compliance with available from funds appropriated to the De- year. any Federal law relating to risk assessment, partment of Health and Human Services for Mr. Chairman, EPA has failed to the protection of private property rights, or fiscal year 1998. offer any scientific data or analysis to unfunded mandates. AMENDMENT NO. 4 OFFERED BY MR. BENTSEN SEC. 419. Corporations and agencies of the justify reversal of this ban. Their long- Department of Housing and Urban Develop- Mr. BENTSEN. Mr. Chairman, I offer standing position has always been that ment which are subject to the Government an amendment. PCB imports pose an unreasonable risk Corporation Control Act, as amended, are The text of the amendment is as fol- to health and safety. hereby authorized to make such expendi- lows: On December 6, 1994, EPA emphasized tures, within the limits of funds and borrow- Amendment No. 4 offered by Mr. BENTSEN: that, and I quote: ing authority available to each such corpora- Page 76, and after line 17, insert: the import of PCB’s into the United States tion or agency and in accord with law, and to SEC. 422. None of the funds made available and the distribution of commerce of PCBs make such contracts and commitments with- in this Act may be used to implement present an unreasonable risk of injury to out regard to fiscal year limitations as pro- clauses (ii) through (v) of section 761.93(a)(1) human health and the environment. vided by section 104 of the Act as may be of title 40 of the Code of Federal Regulations necessary in carrying out the programs set Yet a year and a half later the EPA re- (relating to the import of PCB’s and PCB versed itself with no new studies, no forth in the budget for 1998 for such corpora- items at concentrations of 50 ppm or greater tion or agency except as hereinafter pro- for disposal), or to authorize any person to new research, no new reports that vided: Provided, That collections of these import into the United States (Pursuant to PCB’s are anything less than a sub- corporations and agencies may be used for an exemption under Section 2605(e)(3)(B) of stance risk to human health and the new loan or mortgage purchase commit- title 15 of the United States Code or other- environment. It is difficult to under- ments only to the extent expressly provided wise) any PCB’s or PCB items at concentra- stand why EPA would change its posi- for in this Act (unless such loans are in sup- tions of 50 ppm or greater for purposes of dis- tion without any new scientific evi- port of other forms of assistance provided for posal or treatment. in this or prior appropriations Acts), except dence. that this proviso shall not apply to the mort- Mr. BENTSEN. Mr. Chairman, given We know from scientific research gage insurance or guaranty operations of the fact that we passed over a number that PCB’s accumulate in the environ- these corporations, or where loans or mort- of amendments, I apologize for seeming ment and move toward the top of the gage purchases are necessary to protect the anxious. food chain, contaminating fish, birds financial interest of the United States Gov- Mr. Chairman, I rise today to offer an and ultimately humans. When inciner- ernment. amendment on behalf of myself and the ated, PCB’s release dioxin, one of most SEC. 420. Notwithstanding section 320(g) of the Federal Water Pollution Control Act (33 gentlewoman from Michigan [Ms. RIV- toxic chemicals known to man. As a re- U.S.C. 1330(g)), funds made available pursu- ERS] to prohibit the Environmental sult, PCB’s are the only chemical that ant to authorization under such section for Protection Agency from using any Congress has identified for phaseout fiscal year 1998 and prior fiscal years may be funds under this act to allow the im- under TSCA. H5344 CONGRESSIONAL RECORD — HOUSE July 16, 1997 Since 1979, PCB’s have not been man- tee that this is a matter that was ac- the physical health of our citizens. For ufactured in the United States. With cepted last year, and if the chairman is these reasons I would urge my col- this ban in place, the amount of PCB’s inclined to accept the matter at this leagues to vote for this provision, and in the United States have steadily de- time, then there is no objection on this I would urge the chairman to allow a creased but the range of health and en- side. vote, and I would urge conferees not to vironment effects has not. Incinerators Mr. LEWIS of California. Mr. Chair- strip the provision from the final bill in Kansas, Utah, Pennsylvania, and man, will the gentleman yield? at the end of their conference. This is two sites in southeast Texas burn more Mr. STOKES. I yield to the gen- a serious issue that deserves our atten- than 800,000 tons of domestic PCB tleman from California. tion and our action. waste each year. Mr. LEWIS of California. Mr. Chair- Mr. GREEN. Mr. Chairman, I move to This rule might be necessary if Can- man, with the agreement of the gen- strike the requisite number of words. ada and Mexico, two countries expected tleman from Ohio, we would accept the [Mr. GREEN asked and was given to send us most of their PCB’s, did not amendment. I would suggest to Mem- permission to revise and extend his re- have facilities located within their bers who are anxious about this, while marks.) boarders to dispose of PCB waste. Both I welcome their comments, others, if Mr. GREEN. Mr. Chairman, I want to countries do have such facilities des- they want to, can revise and extend thank the gentleman from California ignated to handle PCB waste. Mexico their remarks. [Mr. LEWIS] for accepting this amend- even exports some PCB waste to Eu- Ms. RIVERS. Mr. Chairman, I move ment. rope for disposal. to strike the requisite number of Mr. Chairman, I rise in support of the Bent- Furthermore, EPA makes contradic- words. sen amendment, and I commend my col- tory statements with regard to the Mr. Chairman, I rise in support of the league from Houston for his leadership on this issue. In a 1991 internal memorandum proposal currently on the floor. I important issue. regarding this issue of PCB’s and joined with the gentleman from Texas On March 15, 1996, the EPA issued a final NAFTA negotiations, Elizabeth F. [Mr. BENTSEN] last year to offer this, as rule to amend the Federal PCB regulations Bryan, then deputy director for expo- well as having offered it in the free- and allow the import of PCB waste for dis- sure, wrote: standing bill. posal in permitted facilities in the United It is likely that Mexico would be discouraged Mr. Chairman, I am concerned about States. from development adequate disposal facili- simply accepting it this year. As people This rule allows the importation of foreign ties for their own PCB waste, if the United may recall, last year we did that but it PCB waste for disposal in the United States. States accepts their waste. was stripped from the bill in con- The EPA has estimated that the U.S. dis- This memo further states: ference and never made it into law. posal industry would receive $50 to $100 mil- Congress clearly intended to ban PCB’s in While there is a recent decision in the lion annually if PCB's are imported into the the United States. That intent should not be courts regarding this matter, it still is United States from Canada and Mexico. diluted through considerations of free trade. in appeal and prudence does rec- And where would PCB's be disposed? In Yesterday the EPA put out an analy- ommend legislative action by this Kansas, Utah, Pennsylvania, Port Arthur, TX, sis of my amendment in which they body. and Channelview, TX. state: Why should we be concerned about Mr. BENTSEN's amendment would prohibit EPA closed its borders to PCB waste in 1980 this? For several reasons. PCB’s are the EPA from using any funds to implement its to encourage the development of disposal in- substances that, as a group, are ex- final rule. dustries in Canada and give the United tremely toxic and long-lived, they are PCB's when incinerated release dioxinÐone States time to phase out much of our use of proven cancer causers, and they dis- PCB’s. of the most toxic chemicals known. rupt hormone systems and cause repro- Dixon, as we all know, causes a wide range b 1600 ductive and endocrine damage in of adverse health effects and it accumulates in These goals have been accomplished. human beings. These are not your gar- the environment. I would also like to add that the Ca- den variety carcinogens. The incineration of PCB's is recognized as nadian disposal industry opposed In fact, PCB’s are the only substance a health hazard. EPA’s rule and presented compelling ever specifically banned by an act of That's why the Congress designed a phase evidence that Canada is fully capable Congress in this Toxic Substance Con- out of domestic PCB manufacture in the Toxic of handling their own PCB waste. EPA trol Act of 1976. Yet in 1996, the EPA Substance Control Act of 1976. agreed with that view as late as De- decided to allow the importation of Last week, the ninth circuit court overturned cember 1994 when they said, ‘‘EPA does these chemicals. At that time many of EPA's rule to allow the importation of PCB's. not want to encourage the expansion of us argued that the decision had more The Bentsen amendment will ensure the con- PCB’s where there are feasible alter- to do with keeping waste disposal fa- tinual prohibition of imported PCB's even if natives already in place.’’ cilities in the United States profitable EPA exercises its option to appeal this ruling In closing, Mr. Chairman, I ask that than in keeping the public safe. to the U.S. Supreme Court. my colleagues accept this amendment. Unfortunately, that view turned out I urge my colleagues to support this impor- The last thing we need to do is be ac- to be prophetic. In an AP story pub- tant amendment. cepting dangerous PCB’s as a form of lished July 8, the EPA is quoted as ar- Mr. JACKSON of Illinois. Mr. Chair- business in the United States. guing that the import ban was no man, I move to strike the requisite Mr. LEWIS of California. Mr. Chair- longer needed because the U.S. waste number of words. man, I move to strike the last word disposal industry had enough inciner- Mr. BENTSEN. Mr. Chairman, will and to essentially express some slight ator capacity to handle foreign PCB the gentleman yield? reservation, because this item is in the waste. The industry, which was run- Mr. JACKSON of Illinois. I yield to courts. The ninth circuit is currently ning out of domestically produced the gentleman from Texas. in the process of considering an appeal. PCB’s to destroy, and I want to repeat Mr. BENTSEN. Mr. Chairman, I ap- On the other hand, the House did that, the industry, which was running preciate the gentleman’s yielding. adopt this matter on a voice vote last out of domestically produced PCB’s to In closing on this amendment, and I year. I frankly think the committee destroy, could make up to $100 million know there are other amendments would not have any reservation about a year from incinerating imported Members want to get to and to finish this going forward and we would be PCB’s, the EPA said. this bill, this is not a question of inter- willing, after some more discussion The EPA also said at that time that national trade. I am a free trader, but takes place, to accept it if my ranking some surveys had estimated more than this is not a good or a service that I be- member would do the same. 173,000 tons of PCB-tainted material ex- lieve we ought to be importing. This is Mr. STOKES. Mr. Chairman, I move isted in Canada and another 60,000 tons a dangerous chemical. It is dangerous to strike the requisite number of in Mexico. waste. words. Mr. Chairman, this body cannot tol- We are taking care of our own PCB’s Mr. Chairman, I just rise to agree erate a calculus that values the fiscal in this country. We do not need to take with the chairman of the subcommit- health of the toxic waste industry over care of PCB waste from other countries July 16, 1997 CONGRESSIONAL RECORD — HOUSE H5345 which, ironically, will not take exports cruiters from explaining the benefits of There was no objection. of PCB’s from the United States. an honorable career in our Armed Mr. LEWIS of California. Mr. Chair- The fact is that this is not a debate Forces to our young people. man, I reserve a point of order. about the domestic incineration of It is really a matter of simple fair- The CHAIRMAN. The gentleman PCB’s. That is another matter. We ness, and that is why this amendment from California reserves a point of take care of our own, but we should not has always received such strong bipar- order. take care of others. tisan support. Mr. VENTO. Mr. Chairman, this is an The fact is that the EPA clearly in- I would also like to note that, since amendment that I had printed in the tends to appeal this rule. They would the gentleman from California [Mr. RECORD yesterday, and which was in not be opposed to this amendment oth- POMBO] and I started this process a few order in title III. I would suggest that, erwise. So I would encourage my col- years back, we have seen a great deal if there are unanimous consents that leagues to support this amendment and of progress on college campuses. Many are going to occur and that are reason- I would encourage the managers of the schools have publicly announced a shift able, that they should be recognized. bill to defend this amendment with the in their antimilitary policies and many My concern is that this amendment Senate. I realize it is not the courts, more have quietly followed suit. previously has been ruled out of order but this is something that clearly is The legislation is working, and we because I came and we were on page 61, not in line with Congressional intent can all be proud of that. and now we, of course, are at the end of from the TOSCA Act. However, it is necessary to round out the bill and it should be in order now. The CHAIRMAN. The question is on the process by attaching the amend- This deals with the Emergency Food the amendment offered by the gen- ment to just a couple of more appro- and Shelter Program and the public/ tleman from Texas [Mr. BENTSEN]. priations bills, including this one private partnership. It is a public/pri- The amendment was agreed to. today, and writing it into permanent vate partnership that works. Since the AMENDMENT NO. 22 OFFERED BY MR. SOLOMON law. program began in 1983, $1.6 billion has Mr. SOLOMON. Mr. Chairman, I offer Then I believe we will have a power- been appropriated to the FEMA Emer- an amendment. ful deterrent in place which will give gency Food and Shelter Program. What The CHAIRMAN. The Clerk will des- our fine military recruiters the tools I am proposing here is to raise the ignate the amendment. and confidence they need to carry out funding to $130 million from $100 mil- The text of the amendment is as fol- their constitutional functions to the lion that is in the bill. lows: best of their abilities. Why this reduction was instituted or I urge a ‘‘yes’’ vote on the amend- Amendment No. 22 offered by Mr. SOLOMON: persists is not at all clear and certainly ment. Page 76, after line 17, insert the following was not justified with a program that new section: Ms. JACKSON-LEE of Texas. Mr. Chair- works. Funds under this extremely SEC. 422. None of the funds made available man, I rise in opposition to the Solomon well run program reach communities in this act may be provided by contract or by amendment to H.R. 2158 to prohibit the use of within 45 days from the date of release grant (including a grant of funds to be avail- funds in the VA±HUD appropriations bill, by from FEMA. It is not an emergency able for student aid) to any institution of any Department or Agency, for grants or con- management regular program. In fact, higher education, or subelement thereof, tracts to universities and colleges that do not this program works and there is no that is currently ineligible for contracts and give ROTC and military recruiters access to grants pursuant to section 514 of the Depart- scandals, there are no adverse GAO re- the general student population. ports, no adverse Inspector General ment of Labor, Health and Human Services, This amendment levies a grossly unfair and and Education, and Related Agencies Appro- flack, no bad reports of this program. priations Act, 1997 (as contained in section extreme bias against religious institutions that It is a program unique because it 101(e) of division A of Public Law 104–208; 110 do not allow secular military or ROTC recruit- helps not with disasters from Mother Stat. 3009–270). ing to occur on their campuses. Individual stu- Nature but with personal emergencies Mr. SOLOMON. Mr. Chairman, the dents and institutions will be penalized simply of people who have become very often amendment that I am offering with the because they choose to attend a religious in- homeless. An increased number of so- gentleman from California [Mr. POMBO] stitution. cial and economic casualties, of course, should be familiar to most Members, as Not only is this fundamentally unfair to the are occurring today. it has passed this House several times institutions and students but this is also an un- The program combines rapid national with bipartisan support, and is now fair mixing of church and State. distribution with the expertise of local I strongly urge my colleagues to vote ``no'' permanent law for defense funds and nonprofit charitable organizations in on this unfair amendment. delivering services where they are most funds covered by the Labor/HHS appro- The CHAIRMAN. The question is on needed and builds upon the solid foun- priations bill. the amendment offered by the gen- This amendment would simply pre- dation of assistance that historically tleman from New York [Mr. SOLOMON]. vent any funds appropriated in this act The amendment was agreed to. has been provided by the State and from going to institutions of higher local charities and nonprofits. AMENDMENT OFFERED BY MR. VENTO The Federal Government has not learning which prevent military re- Mr. VENTO. Mr. Chairman, I offer an cruiting on their campus, or have an taken over the program and the chal- amendment. anti-ROTC policy. The Clerk read as follows: lenge, rather the Emergency Food and The amendment would not affect di- Shelter, the FEMA program, has be- Amendment offered by Mr. VENTO: rect student aid funds such as Federal At the end of the bill, insert after the last come a partnership building upon that Direct Loans and Pell grants, nor section (preceding the short title) the follow- which exists and works. The adminis- would it affect institutions with long- ing new section: trative costs of this program are very standing, religiously based pacifist tra- SEC. 422. The amounts otherwise provided low, about 3.5 percent locally and na- ditions. by this Act are revised by increasing the tionally. Mr. Chairman, institutions that are amount made available for ‘‘INDEPENDENT There is no doubt that such success is receiving Federal taxpayer money AGENCIES—FEDERAL EMERGENCY MANAGE- owed to the partnership form with the MENT AGENCY—EMERGENCY FOOD AND SHELTER unique national board made up of the should not be able to then turn their PROGRAM’’, and reducing the amount made back on the young people who defend available for ‘‘INDEPENDENT AGENCIES— American Red Cross, the Catholic this country. NATIONAL AERONAUTICS AND SPACE ADMINIS- Charities, the Council of Jewish Fed- This is especially important in to- TRATION—HUMAN SPACE FLIGHT’’, by erations, the National Council of day’s environment, when, as we know, $30,100,000 and $43,000,000, respectively. Churches of Christ in the United military recruiters are already having Mr. VENTO (during the reading). Mr. States, the Salvation Army, the United trouble filling their quotas with able Chairman, I ask unanimous consent Way, and FEMA. We should be cele- applicants due to 13 straight years of that the amendment be considered as brating and rewarding the success of defense budget cuts. read and printed in the RECORD. the collaboration, not shortchanging It is more important than ever that The CHAIRMAN. Is there objection it. we not allow campus administrators to the request of the gentleman from Mr. Chairman, some have suggested with ideological agendas to prevent re- Minnesota? compassion fatigue exists in America H5346 CONGRESSIONAL RECORD — HOUSE July 16, 1997 because problems are not alleviated. It Funds under this extremely well run pro- quest by $100 million. There has been no is important to note that the Emer- gram reach communities within 45 days from NASA, OMB, or administration request or jus- gency Food and Shelter and HUD date of release of funds by FEMA. This is a tification for this funding and you don't have to homeless programs, modest programs program that works with no scandalsÐno ad- be a rocket scientist to understand the de- in size, have helped hundreds of thou- verse GAO reports, no IG flack. The program mand and positive use that this increase sands of families and individuals, but is unique because it helps not with the disas- would do for the Emergency Food and Shelter our economics and society throughout ters of mother nature, but the personal emer- Program of FEMA. the 1980’s and 1990’s continues to sus- gencies of people who have become home- I urge Members to support this amendment tain new homelessness. lessÐan increasing number of social and eco- that will be so beneficial for all Americans. It is a dynamic population and, as a nomic casualties today. The program com- POINT OF ORDER Congress working with local and State, bines rapid national distribution with the exper- The CHAIRMAN. Does the gentleman especially with the private nonprofits, tise of local nonprofit charitable organizations from California [Mr. LEWIS] insist on we should stay involved with solid fi- in delivering services where they are needed his point of order? nancial commitments, Mr. Chairman. most and builds upon the solid foundation of Mr. LEWIS of California. Mr. Chair- The Federal dollars in the Emergency assistance that historically has been provided man, I do, and let me say that I agree Food and Shelter Program, the FEMA by the State/local charities and nonprofits. The with much that has been said about Program, and the HUD homeless pro- Federal Government hasn't taken over the this program. We have provided $100 grams leverage private funding. problem and the challenge, rather EFS/FEMA million in the budget request because The nonprofits, who historically has become a partner, building upon that of that. dealt with a demographically different which exists and works. I raised a point of order against the population and social problems, today The administrative costs are a mere 3.5 per- amendment because, first, the amend- are operating on overload. They cannot cent, locally and nationally. There is no doubt ment takes away from an unauthorized respond to the problems and needs in that such success is owed to the partnership program and gives money to an unau- the same way that they did yesterday formed with the unique National Board, made thorized program. Well, Mr. Chairman, because of the gravity and the severity up of major charity organizations: the Amer- let me give just a bit of detail: of those problems. Specifically, review- ican Red Cross, Catholic Charities, Council of b 1615 ing the fiscal year 1996, the national Jewish Federations, National Council of board, the specific program that I am Churches of Christ in the USA, the Salvation The amendment proposes to increase talking about here, accomplished a Army, the United Way, and the Federal Emer- an appropriation not authorized by great deal with the dollars they have gency Management Agency. We should be law, and therefore is in violation of available. celebrating and rewarding the success of this clause 2(a) of rule XXI. Although the Mr. Chairman, I would point out that collaboration not short-changing it. Mr. Chair- original account, funding for the Emer- we are cutting money in this amend- man, some have suggested compassion fa- gency Food and Shelter Program, ment by reducing the NASA Human tigue exists in America, because problems where the funding would go, is unau- Space Flight Program by $43 million in aren't alleviatedÐit is important to note that thorized, it was permitted to remain order to provide the $30 million for this the EFS/HUD homeless programs, modest in pursuant to the provisions of the rule program. Because it does spend out size, have helped thousands of families and that provided for the consideration of quicker, there is a difference. This pro- individuals. But our economy and society this bill. When an unauthorized appro- gram serves to alleviate the plight of throughout the 1980's and 1990's continues to priation is permitted to remain in a the homeless right down here on terra sustain new homelessness. It is a dynamic general appropriations bill, an amend- firma, that is on the ground of Mother population and as a Congress working with ment merely changing that amount is Earth. State, local, and especially the private non- in order, but the rules of the House As Members should be aware, the profits, we should stay involved with solid fi- apply as a merely perfecting standard NASA budget is in excess of the admin- nancial commitments. to the items permitted to remain and istration’s request, this particular por- The Federal dollars in EFS/FEMA and HUD do not allow the insertion of a new tion, by $100 million. There has not homelessness programs leverage private paragraph, not part of the original text been a NASA, an OMB or administra- funding. The nonprofits who historically dealt permitted to remain, to change indi- tion request or justification for this with a demographically different population rectly a figure permitted to remain. funding. We do not have to be rocket and social problems, today are operating on The CHAIRMAN. Does the gentleman scientists to understand the demand overload. They need and merit our good faith from Minnesota [Mr. VENTO] wish to be and the positive needs that we need in effort. heard on the point of order? terms of the increase to provide emer- Specifically reviewing EFS/FEMA in fiscal Mr. VENTO. Mr. Chairman, the fact gency food and shelter. year 1996, the National Board accomplished is both provisions are in the bill. They As I said, the program is working. the following with an appropriation of $100 mil- are protected by the rule. As the gen- Unfortunately, many in our society lion: provided over 82.6 million meals at an tleman has pointed out, both of these continue to experience homelessness average meal cost of 47 cents; provided more are. I have not received authorization, and I would urge Members to support than 3.8 million nights of shelter at an average but the rule does address that particu- this sound amendment. cost of $5.93 per night; paid over 177,000 util- lar factor, and it seems to me that it Mr. Chairman, I have an amendment at the ity bills allowing families to remain in their would follow that the modification of desk, amendment No. 26 which has been homes; directly funded more 10,300 charitable funds between them at this particular ruled out of order because it starts at page 57 organizations and governmental agencies in point, a technical point at best, that and amends page 61 and we were upon page over 2,400 jurisdictions in all 50 States, the the spirit of the rule would suggest 61. I'm very disappointed that the consider- District of Columbia, Puerto Rico, and the U.S. that it is in order. ation was not provided even though we were territories. I might further add, Mr. Chairman, in the same title III and had moved so quickly My amendment would restore the funding that in terms of the procedures of the to this point in the bill, therefore I'm offering it level to $130 million. This could help serve House, the rolling of votes and the ac- at the end of the bill as a new section 422. tens of millions more meals, a million or so tivities that have taken place today, The Emergency Food and Shelter [EFS] more nights of shelter, and help with hundreds the avoidance and leaving behind of Program is a public/private partnership that of thousands more utility bills across this amendments I think is highly inappro- works. Since the program began in 1983, $1.6 country. My amendment would accomplish priate and improper. I was here and of- billion has been appropriated to the FEMA these worthy goals by reducing NASA's fered this amendment in the proper EFS Program. In 1995, prior to the devastat- Human Space Flight Program by $43 millionÐ title, but simply being a few pages be- ing rescissions bill, the funding for this pro- providing $30 million to this specific FEMA yond. I was not afforded the comity gram annually was $130 million. Since the re- program that serve to alleviate the plight of and the consideration of being able to scissions bill, the funding has been level at a homeless on terra firma, on the ground of offer this amendment today. I think it less than adequate $100 million. Why this re- mother Earth. is highly unusual and inappropriate. duction was instituted or persists isn't at all As Members should be aware, the NASA I ask the Chair to rule on the amend- clear and certainly not justified. budget is in excess of the administration re- ment. July 16, 1997 CONGRESSIONAL RECORD — HOUSE H5347 The CHAIRMAN. The Chair is ready The CHAIRMAN. Without objection, models of efficient administration face to rule if no other Members wish to be the amendment is considered as read, significant cuts in funding, it makes heard on the point of order. and the gentleman from Florida [Mr. absolutely no sense, no sense, to in- The gentleman from California [Mr. FOLEY] is recognized for 5 minutes in crease by more than twofold the LEWIS] makes a point of order that the support of his amendment. amount the taxpayers will allocate to amendment offered by the gentleman There was no objection. this program. from Minnesota [Mr. VENTO] violates Mr. FOLEY. Mr. Chairman, one only Only in Washington would we be sit- clause 2(a) of rule XXI by providing an need to pick up the morning news- ting here debating a 150 percent in- unauthorized appropriation. papers to support the amendment to crease in funding for a program that is The amendment proposes to insert a freeze funding for the Community De- judged, by any objective standard, a new paragraph on page 76 that would velopment Financial Institutions fund- monument to bureaucratic bungling indirectly increase an amount provided ed at current levels, not a cut, main- and administrative inefficiency. In the on page 57, which has been passed in taining funding at 1997 levels. real world, heads would be rolling, cus- the reading. Today’s Wall Street Journal: ‘‘Treas- tomers would be demanding refunds, The increase proposed by the amend- ury Aides Trumped Up Papers To De- and the budget ax would be swinging. ment is not authorized by law. The fend Awards As Probe Drew Near.’’ In Washington we appropriate more Chair notes that the amount already ‘‘A Treasury investigation as to taxpayers’ money for this program. carried in the bill for that object is, whether agency officials created mis- This perverse incentive structure likewise, unauthorized. However, that leading documents to deal with a con- needs to be dismantled, and a message unauthorized amount in the bill was gressional probe found that they did, needs to go out to our Federal bureauc- permitted to remain by House Resolu- and just in the nick of time, too.’’ racy that we will no longer reward mis- tion 184. The assistance went to community management abuse with ever-increas- Where an unauthorized appropriation development lenders with ties to South ing levels of funding. is permitted to remain in a general ap- Shore Bank, also known as Shorebank, By the CDFI’s own admission, at propriation bill, an amendment di- a Chicago-based institution with long least $11 million in taxpayer funds were rectly changing that amount in that ties to the Clintons. A recipient of $2 awarded in its last round of funding paragraph, and not adding legislative million in assistance was Southern De- without anybody bothering to memori- language or earmarking separate funds velopment, Inc., an Arkansas firm that alize in a written document any of the for another unauthorized purpose, is in Hillary Rodham Clinton set up with factors upon which the agency based help from Shorebank founders.’’ order as merely perfecting. But an its recommendation. Not a word. Then In the Arkansas Democrat Gazette: amendment adding a further unauthor- when the gentleman from Alabama ‘‘Among the banks Bachus named as [Mr. BACHUS], the chairman, ap- ized amount is not in order. being part of a suspected ‘old boys’ net- As indicated in the ruling on July 12, proaches the committee and asks for work’ of community lending institu- 1995, shown on page 142 of House Prac- reports, at midnight they work on the tions with ties to President Clinton tices, even though it may be permis- documents. My colleagues will hear and his wife is Arkadelphia-based sible by amendment to directly change more about that later. Southern Development Any claims that the Treasury De- an unauthorized item in a paragraph Bancorporation, Inc. It received a $2 partment may make regarding real permitted to remain by a waiver of million award from the Community world success for the CDFI program are points of order, it is not in order to in- Development Financial Institutions purely speculative at this time. The directly increase that amount by inser- Fund last year. Mrs. Clinton, then a fund originated July 1996. As of March tion of a new paragraph not textually partner in Little Rock’s Rose Law of this year they had only distributed protected by the waiver. The prece- Firm, and presidential counselor $4 million the $37 million that was dents that admit a germane perfecting Thomas F. ‘Mack’ McLarty, a former awarded in the first round. Now at this amendment to an unauthorized item executive of Arkla, Inc., were charter point I understand we have up to one permitted to remain, for example, members of the holding company that half that has been sent out. Deschler’s volume 8, chapter 26, section founded Southern Development in Au- The Treasury wants Congress to raise 3.38, deal with actual changes in a fig- gust 1986.’’ funding 150 percent on this untested ure permitted to remain. They apply a In the Rocky Mountain News: The program with serious administrative merely perfecting standard in the chairman suggests, Mr. Bachus, that problems. The Foley-Bachus amend- strictest sense of that phrase. None in- nearly a third of the money designated ment will not zero out CDFI funds, I volve the insertion of a new paragraph, in the Community Development Finan- want to reemphasize. It simply main- not part of the text permitted to re- cial Institutions fund went to tains fiscal 1997 funding levels pending main, to increase indirectly a figure interlocked institutions that all have further review of the program. permitted to remain. well-documented links to Hillary Clin- Now it bears emphasizing that this The amendment offered by the gen- ton. amendment, again, does not zero it tleman from Minnesota [Mr. VENTO] ‘‘Government Investigates CDFI Pro- out. But I would call the attention of cannot be construed as merely perfect- gram,’’ in the National Mortgage News my colleagues, the Senate is never ing under the precedents. Accordingly, Journal, details the same story. Reu- known for cutting many programs. The the Chair sustains the point of order. ters this morning: ‘‘Treasury Admits Senate VA–HUD approps zeroed out the AMENDMENT OFFERED BY MR. FOLEY Misdoings At U.S. Small Business CDFI fund yesterday. The Senate ze- Mr. FOLEY. Mr. Chairman, I offer an Fund.’’ roed it out. Now we are asking for a amendment. May doubt the articles? Read this: freeze. The Clerk read as follows: ‘‘A top administrator at a small busi- Now clearly, some people may doubt Amendment offered by Mr. FOLEY: ness program touted by President Clin- these articles in our major newspapers. After the last section of the bill (preceding ton wrote spurious memos to justify But as the chairman will tell my col- the short title), insert the following new sec- loans that had already been made, leagues in the next few minutes, this tion: Treasury Department officials con- investigation has unearthed some rath- SEC. 422. The aggregate amount otherwise provided in this Act for ‘‘INDEPENDENT firmed Tuesday.’’ er disturbing things. There is no AGENCIES—DEPARTMENT OF THE TREAS- Now my colleagues, what we are ask- distancing from these companies the URY—COMMUNITY DEVELOPMENT FINANCIAL ing you to do is freeze funding until we relationship that had existed in the INSTITUTIONS—COMMUNITY DEVELOPMENT FI- can investigate the facts of this case. late 1980’s. So clearly, if we are going NANCIAL INSTITUTIONS FUND PROGRAM AC- The Treasury Department may be to ask the American taxpayers to foot COUNT’’ is hereby reduced by $75,000,000. making improvements now as a result the bill for this program or any other, Ms. WATERS (during the reading). of the oversight inquiry, but the de- we should make certain that there are Mr. Chairman, I reserve a point of partment has not shown it knows how certain standards. order. to run a grant program. POINT OF ORDER The CHAIRMAN. The gentlewoman In this era of government belt tight- The CHAIRMAN. Does the gentle- reserves a point of order. ening, where even programs that are woman insist on her point of order? H5348 CONGRESSIONAL RECORD — HOUSE July 16, 1997

Ms. WATERS. Yes, Mr. Chairman, I California [Mr. LEWIS] is indeed distin- the taxpayers, put in, this $37 million? do. guished as well, and the subcommittee Let us look at what has happened to it. The CHAIRMAN. The gentlewoman members for their report language en- First of all, not all of it had been spent will state the point of order. dorsing the goals of the CDFI program and we are asking those same people Ms. WATERS. Mr. Chairman, if the and their belief that any process abuses for another $125 million. But of that gentleman from Minnesota [Mr. can be corrected without destroying that was granted, $11 million of it was VENTO], and perhaps even others had the program, which this amendment granted without any written memoran- been here, their amendments would would do. dum, no written review. have been protected against a point of I also commend the gentleman from In fact, to review, to do our nec- order. However, they were not here at California [Mr. LEWIS] and the gen- essary oversight, on April 14 of this the time, and therefore they have not tleman from Ohio [Mr. STOKES] for year, I told the director of this fund been allowed to take up their amend- their emphasis on the activities that that I would be reviewing the grant ments. support microenterprise development process and that my investigators I think that that amendment falls in to build the skills, assets, and earnings would be there on the morning of April the same category. However, I am of low-income Americans. 18. Subsequent to my letter to her, she aware that there may have been some Mr. Chairman, as this Congress sys- was at a conference in Paris, France, attempts to recraft the amendment to tematically dismantles our traditional she called the deputy director and told comply with being able to take it up in programs for poor people and poor com- him to create a memorandum, to cre- the general provisions. If so, if that is munities, we must support programs ate paperwork outlining the grant the case, how then was it recrafted to designed to ensure that these commu- process. In fact, he did this on $11 mil- comply? And if it has not been, the nities have access to the financing they lion dollars worth of grants. To get point of order I think should prevail. need to help themselves. The CDFI there, to put this paperwork, docu- The CHAIRMAN. If there is no other fund is one such program. mentation of how these grants were argument on the point of order, the I urge my colleagues to oppose the made, to be able to do that, they had to Chair is prepared to rule. Bachus amendment and support the stay up all night the night of April 17, The amendment simply reduces an committee, support the funding level and during the middle of the night and amount otherwise provided by the bill. of the gentleman from California [Mr. until the next morning, and they only That the amendment does so indirectly LEWIS] and the gentleman from Ohio typed those papers up and put them in does not matter. An amendment insert- [Mr. STOKES] of $125 million for this the files 2 hours before congressional ing new language simply and only to important and successful program investigators visited to determine if reduce the amount of an appropriation which is helping American commu- they had gone and complied with the provided earlier in the bill is permis- nities help themselves. grant process. sible, as not adding a further unauthor- Mr. Chairman, I yield back the bal- The inspector general has reviewed ized amount. ance of my time. this whole process. What has she The point of order is overruled. b 1630 found? She has said that this was Ms. PELOSI. Mr. Chairman, I move wrong. She has said that this was done to strike the last word. Mr. COOKSEY. Mr. Chairman, I move against the advice of legal counsel at I rise today in opposition to the to strike the requisite number of the fund. She has said that legal coun- Bachus amendment to the fiscal year words. sel advised that these documents be 1998 VA-HUD appropriations bill and in Mr. BACHUS. Mr. Chairman, will the dated. In fact, they were not only not support of the provision in this bill to gentleman yield? dated but they were put in those four provide $125 million for the Community Mr. COOKSEY. I yield to the gen- files and they were made to appear as Development Financial Institutions tleman from Alabama. if they were written sometime, I think, program. Mr. BACHUS. Mr. Chairman, I think between May and July 1996. The Community Development Finan- it is important for all of us in this body Mr. JACKSON of Illinois. Mr. Chair- cial Institutions program provides an to define what this amendment does man, I move to strike the requisite important source of funding to low-in- and why it is necessary and what it number of words. come and low-wealth communities does not do. This amendment leaves Mr. Chairman, I rise in strong opposi- across the Nation. The CDFI program funding at the present level of $50 mil- tion to the amendment offered by the is the very type of program that this lion a year. We heard the gentleman gentleman from Alabama which freezes Congress, with its attitude about Fed- from Florida that said the Senate, be- the funding levels for the Community eral spending, should support. cause of these same facts and what has Development Financial Institution Rather than providing conventional happened in this program, zeroed out Fund at last year’s level of $50 million government assistance to poor commu- funding. But the amendment that the despite the bipartisan budget agree- nities, the CDFI fund focuses on efforts gentleman from Florida and I have of- ment’s increase in this valuable eco- to use government resources to lever- fered leaves the funding level from last nomic empowerment program to $125 age private sector funds, with the goal year. million. of achieving community self-suffi- Why are we offering this amendment? The administration and congres- ciency. The CDFI fund invests in a di- Why are we opposed to the administra- sional leadership in fact agreed to this verse array of institutions, including tion’s request that funding for this pro- increase precisely because CDFI is a banks, credit unions, nonprofit loan gram increase by 150 percent to $125 win-win for all parties involved. These funds, venture funds, and others, with million? We are doing that for several investment funds are matched in the varying asset size. The fund is designed reasons. One is that of the original $50 private sector and then used to create to promote community development in million that was appropriated by this jobs, promote small businesses and the broad range of communities which Congress, $37 million of it was directed build affordable housing in commu- make up our Nation. to this fund, and of that $37 million, as nities across the Nation. The gentleman from Florida [Mr. of March of this year, only $4 million While I thank the gentleman for his FOLEY] spent a good deal of his time had been spent. As of this time, the diligence in shedding light on poor making some allegations about the whole $37 million that was appro- management decisions in the first year politicization of this election process priated in 1996 has not been granted. at the fund and appreciate his help in for grantees. These allegations have We have got $37 million in an appro- ensuring that this worthy program will been carefully investigated and refuted priation and since 1996 they have not in the future be run efficiently accord- by the Treasury Department. And in appropriated all the money. Should ing to new reforms, I must nonetheless that light, I commend the gentleman this Congress come along and at this take issue with his conclusion that the from California [Mr. LEWIS], the chair- time say we are going to put another program should not in any way be hin- man, and the gentleman from Ohio $125 million in? I think not. dered from meeting its critical goals of [Mr. STOKES], the distinguished rank- What has happened to the money revitalizing distressed communities. ing member, and the gentleman from that the people of the United States, The only arguments that I have heard July 16, 1997 CONGRESSIONAL RECORD — HOUSE H5349 from the other side thus far are that ization efforts spearheaded by We have three new ones just here the beneficiaries of these programs, Shorebank and other community devel- today. Defense attorneys, take note. It those distressed communities, should opment lenders. is a defense to any hint of an investiga- be penalized until the Federal Govern- Mr. Chairman, I would like to ask tion that certain people have never ment resolves its bureaucratic problem the chairman of the Subcommittee on been contacted, an airtight defense for of paperwork. General Oversight and Investigations abuse of public moneys. I am making an argument that today of the Committee on Banking and Fi- Or they are doing a wonderful job we should not cease the fundings or nancial Services to join me in a col- with the money that is appropriated. It freeze the fundings for these commu- loquy. does not matter that it may be appro- nities that so desperately need the re- Mr. Chairman, is it the gentleman’s priated by people who are violating the sources while our investigations, which understanding from the report based law, but they are doing such wonderful I might add I raise questions about upon the investigations that he has re- things with the money. An airtight de- those investigations, because I just got ceived that they have never, or have fense. off the phone a few minutes ago with they ever contacted Shorebank or its And yet another one. That to inves- South Shorebank and the bank cor- officers with respect to the particular tigate or to hold up increased funding poration and they have indicated in the allegations that are being made? in the light of very serious allegations, course of this investigation they have Mr. BACHUS. Mr. Chairman, will the violations of Federal law, would insult never so much as been contacted by the gentleman yield? the eventual recipients of the money. investigators in the majority party on Mr. JACKSON of Illinois. I yield to Another airtight defense. this particular issue. the gentleman from Alabama. The fact of the matter is, Mr. Chair- Mr. Chairman, as a member of the Mr. BACHUS. I would say to the gen- man, that the amendment and the dis- Committee on Banking and Financial tleman that it is not our obligation to cussion of it by its proponents today Services, serving the people of the contact Shorebank or even to decide has nothing to do with condemning the south side of Chicago and the south whether they are worthy of a grant or wonderful job that the banks may or suburbs, I have had the special honor not. This law sets up a review process may not be doing through the CDFI and privilege of becoming intimately and requires certain documentation to funding. It is no indictment whatsoever familiar with the exemplary organiza- be made. Shorebank may, in fact, be a on the wonderful things that the re- tion and national leadership in commu- totally worthy organization. I have no cipients of the money may be doing, nity development lending that reason to believe they are not a good and it really escapes me for people on Shorebank and its holding company, organization that does good work. That the other side to become so indignant Shorebank Corp., has exemplified as 1 simply does not entitle this fund to because this amendment and its pro- of the 31 recipients of this year’s CFDI simply make a check out for $4.5 mil- ponents and their very sound argu- fund awards. Thus, based upon my per- lion and hand it to them without a re- ments are saying, now, wait a minute, sonal knowledge, I feel compelled to view, without any documentation. Cer- we here in this Congress are stewards take issue with the gentleman’s allega- tainly the gentleman from Illinois of the public trust, we are stewards of tions that the recipients were not would agree that the end does not jus- the public moneys. And when very seri- awarded CDFI funds meritoriously, but tify the means. As worthy a goal as ous allegations are raised that individ- rather were the beneficiaries of some there may have been, it does not allow uals administering tens and hundreds sort of political favoritism based upon one to manufacture documents. of millions of dollars of programs are connections with the Clinton adminis- The CHAIRMAN. The time of the violating Federal laws in the way they tration. gentleman from Illinois [Mr. JACKSON] administer those programs, that all of Shorebank and the Shorebank Corp. has expired. a sudden, we are made out to be the in- have been involved in community de- (By unanimous consent, Mr. JACKSON sensitive bad guys is really something velopment long before the Clinton ad- of Illinois was allowed to proceed for 30 that I am getting kind of sick of, Mr. ministration became an administration additional seconds.) Chairman. in Washington. They are a model, an Mr. JACKSON of Illinois. Mr. Chair- Let me give three possible violations exemplary model that the President man, is it the gentleman’s argument of Federal law just by a very quick has talked about in many speeches that the distressed communities who reading of title 18 of the United States across this country. would be the beneficiaries of the addi- Code annotated that may be at play Mr. Chairman, CDFI’s statutory lan- tional appropriation, the $125 million, here, and see if this may cause folks on guage defines an affiliate as it is de- should be penalized because of bad pa- the other side that are so indignant fined in section 2(k) of the Bank Com- perwork by the administration? that we would raise this problem to pany Holding Act as— Mr. BACHUS. It is not, and I would perhaps rethink their indignation. Any company that controls, is controlled say this, not for bad paperwork, but for 18 U.S.C. 371, 18 U.S.C. 1001, 18 U.S.C. by or is under common control with another a process that was unethical, that was 1505, 18 U.S.C. 1517. Mr. Chairman, what company. Shorebank has never owned, con- misleading, that misrepresented that the gentleman from Alabama and the trolled or voted any voting securities of the there was in fact to these four appli- 3 CDFIs in question, nor has it ever con- gentleman from Florida are saying is, trolled the election of a majority of directors cants, they were awarded money. They ‘‘At least let’s hold the status quo until or trustees of any other CDFIs. Nor has the did not go through the process that the this can be looked into,’’ these very se- Federal Reserve ever determined that other 257 applicants went through, rious allegations of obstruction of jus- Shorebank exercises a controlling influence even if they are worthy. Even if we say tice. over any other CDFI. these guys are great, we just cannot ig- b There are business relationships be- nore the law. We cannot ignore the 1645 tween Shorebank and other CDFIs rules. We are not saying, ‘‘Let’s completely through its consulting subsidiary, but Mr. BARR of Georgia. Mr. Chairman, emasculate the program.’’ We are not at no point in time have they ever ex- I move to strike the requisite number saying, ‘‘Let’s cut it back.’’ We are ercised undue influence. of words. simply stating that in light of these Mr. Chairman, there were no viola- Mr. Chairman, as a former prosecutor very serious allegations that are sub- tions of statutory limits. The enacting and as a member of both the Commit- stantiated to a large extent, I believe, statute prohibits the fund from provid- tee on the Judiciary and the Commit- in an investigation conducted by the ing over $5 million to one of these tee on Government Reform and Over- Inspector General of this agency, let us CDFIs and Shorebank Corp. has only sight, it never ceases to amaze me the at least hold off increasing the amount received $4.5 million. The claims of po- new defenses that are raised whenever of money that we are letting these litical favoritism are also unfounded. somebody with regard for the integrity folks who seem, very clearly, to have In fact, to assert such claims is actu- of our laws and the integrity of the ap- violated Federal laws in manufacturing ally insulting to those communities propriations process raises a question documents designed to mislead, mis- which have been blessed by the innova- about something that this administra- direct, and obstruct an investigation tive and immensely successful revital- tion is doing. can be looked into. And I think it H5350 CONGRESSIONAL RECORD — HOUSE July 16, 1997 would be an abrogation of our respon- to expediting the program. It is an flawed in terms of the systemic nature sibility that supersedes anything about enormously important program. of the program. how nice a program is or what wonder- But as my colleagues know, I get the Some actors along the way have done ful things it may be doing if we were to impression here that we are jumping something, but I do not think anyone turn a blind eye to these very serious from oversight to prosecution, to per- has argued that the dollars that are allegations. secution of a particular program, and going into the program are fundamen- Mr. Chairman, I think that the gen- the end result of this is not going to tally being misused or abused, that tleman from Alabama, who is the fall on the bureaucrats or those that nothing has been lost with CDIF. chairman of this Subcommittee on are administering the program at As my colleagues know, there are General Oversight and Investigations, I Treasury, but on the individual com- some claims of favoritism, there are think the gentleman from Florida, who munities that are relying and looking some claims of producing materials or is a coauthor of this amendment, have at this program as being something to records. I think there is an expla- raised very serious concerns here that revitalize and to help their commu- nation, which I find inappropriate, that should not be dismissed simply because nities. I do not necessarily accept, and I will, folks on the other side who like these So I am very concerned about the as my colleagues know, and do support programs, like the programs and feel rhetoric that I heard here today with the gentleman from Alabama [Mr. that an indictment or an attack on regard to the allegations, and so forth, BACHUS], the subcommittee chairman’s people who appear to be violating the that are going on. I think we have a active oversight role. law is somehow an attack on the pro- presumption to do our job, but also to But I think that we need to look be- gram or what might be very worthy re- assume that this program administra- yond that, and the embellishment of cipients of the funds. tion is corrected. Maybe one of the big- this does not justify sentencing the Mr. Chairman, let us just simply gest problems with this program is the program to another year in purgatory stand back for a moment, forget about fact that it was part of President Clin- as it would be. Why punish the low in- being defensive about an investigation ton’s initiative in his first Presidential come, low wealth communities that that may have done something wrong, campaign because it certainly seems need the help? In fact, the grant pro- maybe they did not. But let us stop that almost anything associated with grams have awarded, maybe not spent being so defensive and recognize that the administration, whether it has out the money, but have awarded $35 we have an overriding, overarching re- been AmeriCorps or whether it has million and $13.1 million in 1996, re- sponsibility here to ensure that our been this CDFI program, seems to be spectively, which means that the dol- laws are faithfully executed and that issues that have rankled a lot of sen- lars are actually committed even those people who are entrusted with sitivity, especially this particular bill though they may not have been ex- the authority to administer hundreds as they do with brownfields and some pended this year. of millions of dollars for very worthy of the other initiatives. The CHAIRMAN. The time of the purposes, deemed so by law and by the Mr. Chairman, I regret that because I gentleman from Minnesota [Mr. VENTO] President of this country, that they do think these programs should be really has expired. so in a manner befitting the laws and bipartisan in nature. I think that most (By unanimous consent, Mr. VENTO the integrity of our system. often they have been. I do not remem- was allowed to proceed for 2 additional Mr. Chairman, I urge adoption of this ber the same circumstance occurring in minutes.) amendment. past years when I agreed with Presi- Mr. VENTO. The demand for the pro- Mr. VENTO. Mr. Chairman, I move to dent Bush or agreed with President gram is very great if we looked at the strike the requisite number of words. Reagan, although it may not have been 2 elements of it, the Bank Enterprise Mr. Chairman, I rise in opposition to as often as they would have wished. Program. The demand there has been the amendment. Mr. Chairman, I op- Mr. FOLEY. Mr. Chairman, will the very significant. On the CDFI, commu- pose this amendment, and I want to gentleman yield? nity development organizations have make it clear at the onset that I think Mr. VENTO. I yield to the gentleman $300 million and requests were submit- the oversight work that our sub- from Florida. ted. Thirty-five million was, in fact, committee chairman on the Committee Mr. FOLEY. Mr. Chairman, again I committed after, in fact, the request, on Banking and Financial Services is want to state I think these programs and of course on the other side some 31 doing is important work. I respect him can do some good in the community. I community development organizations for it, and I furthermore believe that have stood up for minority business de- received that $35 million, and 38 banks the Treasury and the officials that, in velopment grants and other things in under the Bank Enterprise Program re- fact, wrote out memos prior to his re- my community and fought for them. ceived an allocation of $13.1. view of the files are in error, that they What we are saying in this amend- The demand for the program is clear. are wrong in terms of what they did. ment: Currently there still exists $33 We think it is a program that has But those memos were undated, I million in current accounts to spend. worked, and will succeed in the future, might add, and there is no indication With this amendment we will continue but too many of our colleagues will not at this particular time that there is and add another $50 million to the ac- give it a chance to demonstrate that. anything that was done illegal. I cer- count to do their good work. All we are Grantees were limited in numbers. The tainly think it was not proper. asking before we up the account to $125 very best applicants won grant, Treas- But the focus of my attention today million, is we get some answers. ury did request, of course, an Inspector is not so much on what these officials Mr. VENTO. Mr. Chairman, reclaim- General investigation that did not did that regulate the program. I think ing my time, I understand the gentle- criticize the grant awarded. The IG re- we should get a thorough accounting of man’s position. I appreciate the fact he port did counter allegations that a it, and perhaps somebody, as my col- did not eliminate the program. But I CDFI official selected and awarded leagues know, ought to get a few de- must say that this program has been in grants that he formally worked with merits, if not some other factors that the starting gate and hardly has gotten had a conflict of interest. In fact, there would enter into that in terms of this started because it has been fighting is a small group, or nucleus of people program; because I care about this pro- sort of a rear guard action since its with the CDFI expertise. It should be gram and I want it to work. passage, and it has not all been on one expected that some overlap in terms of This Congress acted on this program side of the aisle, many have frustrated individuals that are specifically famil- in 1994 and authorized $400 million, but indirectly. iar with this limited number of special the only money that has been appro- So the concern I have is that these financial institutions, and that is one priated is that $50 million so far, and programs are enormously important, of the principle issues that we have to incidentally they have, this past year they are in place, they should be fund- sort through in terms of understanding 1996, finally have provided some grants ed. It is authorized at $400 million. This that there is no documentation that I awarded. I think they are doing much is a completely reasonable agreement am aware of, that the CDFI staff exer- better than some of the reports of my to fund at $125 million unless we find cised undue influence or favoritism of a colleagues and friends here with regard out something substantive that is particular applicant to the detriment July 16, 1997 CONGRESSIONAL RECORD — HOUSE H5351 of other applicants, no doubt by select- A recent review of the fund, however, nesses in inner cities and rural commu- ing certain more established grantees, showed that they failed to adopt objec- nities. This is not a minority program, some of whom were the models for the tive scoring systems in selecting re- as it was referred to a moment ago; I 1994 law. Other applicants were not se- cipients. This revelation suggests the want to set the record straight. lected. possibility of favoritism and cronyism b 1700 But it is a case where there is a lot of within the agency in divvying up this applicants, there is competition. When- money. I want to set the record straight. ever we see these circumstances, there And finally, there is a question of This is a program that operates can be and likely will be allegations criminal activity at the fund. During throughout this Nation in rural com- that someone did not receive the grant an initial investigation by the sub- munities, in inner cities, in suburban they sought. I mean it happens to each committee, they were unable to find areas. This is a program for everybody, of us. We have within our States or dis- any material demonstrating that the and they do avail themselves of it. tricts people that are competing for fund conducted a meaningful review of Let me also make something else grants. It is unfortunately part of the potential grantees. However, a second clear. When this program was initiated, competitive process that we have this subcommittee review unearthed un- even though the President had a vision criticism. dated memos which may have been for how we could put this money into But I think we should be more re- written after the first review had been small development organizations and strained in jumping on this and claim- concluded. institutions such as credit unions, the ing violations of the law. Of course As a steward for the Federal Govern- gentleman from New York [Mr. FLAKE] anyone can make allegations, but prov- ment’s taxpayers’ money, there are said no, we are not going to give it all ing them is another matter. But I times when one just says, hey, wait a to these nontraditional organizations stand with my friend to help and work minute, maybe this program does not and small banks and institutions. We with him, but let us not cut the pro- need or deserve a large increase this are going to give some of it to them, gram out, let us not sentence this pro- year. Why should the American tax- but we are going to give some of it to gram to another year in purgatory. payer be forced to fund a 150-percent the big boys, so they too can do some Mr. MILLER of Florida. Mr. Chair- increase for a program that is under se- of this community development lend- man, I move to strike the requisite rious investigation by this legislative ing. number of words. body? There has been no talk or investiga- Mr. Chairman, once again let me re- With this amendment we are in no tions or planting of information about peat what this amendment does is it way saying the Community Develop- the Bank of America or Chase Manhat- freezes spending at last year’s level. It ment Financial Institutions as a whole tan or CitiBank or NationsBank. They does not provide a 150-percent increase are not a good idea or do not provide a all participate in this program. They for a program with a lot of questions service to the community. What we are are on the other side. They are the big being raised about it at this time. saying is that noble goals are not al- institutions who have money that they As a businessman from Florida, I un- ways followed by effective implementa- use to do whatever they are supposed derstand the need for affordable low in- tion. Let us not increase a questionable to do with this money. But this is just terest loans in economically depressed program by 150-percent. Let us slow to look at the small kind of nontradi- areas. These kinds of incentives are down the funding and wait until the tional institutions that are helping crucial for stimulating business and authorizers have a chance to ensure small businesses. So I am surprised. job growth. That is why I do agree with that the program is meeting its obliga- Mr. Chairman, let me just say that it the general goals of the Community tions and taxpayers’ expectations. was said that this money has not been Development Financial Investment Mr. Chairman, I urge my colleagues allocated in a timely fashion. Let me Fund, even though as a fiscal conserv- to support this amendment. correct the record. Over two-thirds of ative I wonder whether or not this pro- Ms. WATERS. Mr. Chairman, I move this money has been issued as of gram represents a true Federal respon- to strike the requisite number of March, over two-thirds of it has been sibility. The original catalyst for this words. given out. program, after all, was a local initia- Mr. Chairman, I must rise today in Let me tell the Members why we do tive. opposition to the amendment offered not want to freeze the funding. The More concerning than the issue of by my distinguished colleague, the gen- gentleman from Alabama [Mr. BACHUS] federal law, however, are questions tleman from Alabama [Mr. BACHUS], would have us believe this does not which have recently arisen on the pro- the chairman of the Committee on really hurt anything; we are not trying gram’s effectiveness and impartiality. Banking and Financial Services’ Sub- to strip it, we are simply trying to At this time the House Committee on committee on Government Oversight freeze the money and keep it at certain Banking and Financial Services’ Sub- and Investigations, on which I am the levels. We are all basking in the glow committee on General Oversight and ranking member. of the growth and development and the Investigations is investigating a series While I support the efforts of the gen- success of our economy in this Nation. of allegations against the Fund. With tleman to ensure that the Community We like to get up and talk about how these kinds of issues surfacing, I think Development Institution Fund is effi- well the economy is doing. it is important to not let noble goals ciently and effectively administered, I These little businesses want to do supersede good sense when we are talk- vigorously oppose the proposed freeze well, too. They want to take advantage ing about the taxpayers’ money. of the Community Development Finan- of this growth and all that is happen- There are several potential problems cial Institution Fund at the fiscal year ing in the economy. We do not want to with the CDFI Program, all of which 1997 levels. freeze them now. Just think what a lit- warrant a serious, thoughtful review I am a little bit surprised at the tone tle money would do for them. They by the banking subcommittee before and spirit of this attack. Let us be have the ability to put this money out we allocate a huge increase. clear. This is an attack on small busi- to little businesses who can sell their First of all, there are serious ques- ness. The small businesses of this coun- goods and their services. That is why tions about the management of the try that benefit from this fund are the we do not want to freeze it. We want program. A recent review by the ac- ones that we all talk about we want to these little businesses to take advan- counting firm of Ernst & Young found help. These are small institutions such tage of this growing economy. irregularities within the award process, as credit unions and others providing While I applaud the work of the ap- a failure to adopt uniform review pro- the funds for these businesses. propriations subcommittee, and I do, cedures and a severe lack of docu- I am surprised at this attack in the the chairman, the gentleman from mentation. way that it has been done because most California, [Mr. JERRY LEWIS] and the Second, since the CDFI distributes people do not know that this Fund is ranking member, the gentleman from money through an awards process, it is kind of divided into two parts. We have Ohio, [Mr. STOKES] have done a good imperative that funds utilize a fair, un- the small nontraditional institutions job, as well as other members of the biased procedure for these allocations. that provide monies to small busi- subcommittee in developing this bill, I H5352 CONGRESSIONAL RECORD — HOUSE July 16, 1997 am particularly pleased they have de- viewers that went beyond clarification four, these documents were put in cided to increase the funding of the and constituted assistance in preparing there to mislead. CDFI funds to $125 million in keeping the applications. CDFI was helping cer- Mr. HOYER. Mr. Chairman, I move to with the budget agreement. Again, we tain applicants receive what was sup- strike the requisite number of words. want little businesses to participate in posed to be competitive awards. Mr. Chairman, for all the reasons this growth and development. Now is Extensions on applications were that the distinguished gentleman from not the time to put our foot on their granted to some but not all applicants. Alabama [Mr. RILEY] just stated I necks. CDFI regulations required a three- would urge opposition to his amend- The CDFI program does the critical tiered review process. This was ig- ment, which is well-intentioned, and work of revitalizing distressed commu- nored. For instance, the Tier 1 reviews support of the full funding for this pro- nities by increasing the capacity of were not conducted until after the gram. community-based financial institu- award decision was ultimately made. I do so on the following basis. The tions to meet the unmet financial The Fund reviewed certain applicants gentleman indicates that last year a needs of this community, at a time with different review criteria than problem occurred. It is my understand- when we are talking about welfare re- other applicants. Applicants were ing, I say to my friend, who has much form, at a time when, again, we all wax interviewed but no accurate records of more knowledge on this issue than I, I eloquently about how we want to help the interviews were ever prepared. The want to say that out front, but it is my small businesses. list goes on and on. understanding that in fact the applica- The CHAIRMAN. The time of the I must stress that these allegations tions to which the gentleman refers gentlewoman from California [Ms. WA- were made by CDFI employees and are were in fact reviewed, but there was TERS] has expired. being investigated by the oversight not the proper paper documentation of (By unanimous consent, Ms. WATERS subcommittee. Clearly there are too that review. was allowed to proceed for 30 addi- many additional questions that need to Now that aside, because I do not have tional seconds.) be addressed before we can even con- nearly as much information as the gen- Ms. WATERS. Mr. Chairman, this is sider increasing funding for this pro- tleman does, that issue occurred last not the time to clamp down, to deny gram. Perhaps we will be able to in- year. That issue is properly under in- funds. When we talk about we want to crease the funding at a later date when vestigation by the committee, as it help small businesses and we believe in the inspector general and Congress should do, as it has a responsibility to this program and the fact that we have finished their investigation, but do, to ensure that in fact proper proce- should have community development in the meantime, I urge all of my col- dures, legal procedures, effective proce- in distressed communities, it does not leagues to support this amendment dures, are pursued for the purposes of make good sense. until the oversight and investigations granting dollars appropriated by this I would ask my colleague, my friend committee can resolve these very seri- Congress. I applaud the gentleman for that I worked with very well, to reject ous issues. that effort. It is an appropriate effort. the notion that somehow this is going Mr. BACHUS. Mr. Chairman, will the I support it. to make this a better program. I would gentleman yield? Mr. LEWIS of California. Mr. Chair- ask him to simply refrain from trying Mr. RILEY. I yield to the gentleman man, will the gentleman yield? to deny access to funds for small busi- from Alabama. Mr. HOYER. I yield to the gentleman nesses at this time. Mr. BACHUS. Mr. Chairman, let me from California, my very good friend Mr. RILEY. Mr. Chairman, I move to first clarify two things that I think who has written an extraordinarily strike the requisite number of words. have been said here that are in error. good bill. Mr. Chairman, in the past year the One is that the inspector general has Mr. LEWIS of California. Mr. Chair- CDFI fund has generated a considerable addressed the issue of whether the man, I very much appreciate my col- amount of controversy. A recent report grants were proper or not. In a letter to league’s yielding and his comment. by the Department of Treasury’s in- me yesterday, she says that her inves- I must say to the gentleman, the spector general highlighted a number tigation was restricted from that, and only reservation I have, for I am con- of these problems. I cannot in good that that investigation continues to go cerned about programs that affect the conscience even think of increasing the on. So she has really not addressed inner city and small businesses, et budget of the CDFI funds until these that. We do not know whether or not cetera, is that when we went to the problems have been addressed. the grant process, whether or not there Committee on Appropriations, the I am also troubled that the CDFI was fraud or whether there was not. Committee on the Budget and the Com- fund has only distributed $4 million of What we do know is that the letter of mittee on Banking and Financial Serv- the $37 million appropriated in the last the law was not followed, that docu- ices generally had expressed dollar lev- Congress. Our amendment will freeze ments were manufactured. I think it els but this information was not avail- CDFI spending in an effort to allow does put us on the horns of a dilemma. able to the Appropriations subcommit- Congress to work with the Department The Department of Treasury has not tee. This does concern me. of the Treasury to continue to address dismissed this. They say they have se- Mr. HOYER. Mr. Chairman, I thank the points raised in the inspector gen- rious concerns about this. my chairman for his comments on that eral’s report. What I am saying, and I am not issue. Mr. Chairman, after a 2-month delay, speaking for my colleagues, I am not I believe for the reasons stated by the the Treasury Department finally com- talking about the underlying intent of gentleman that we ought to reject his plied with an April 14 request by the this program. I am not talking about amendment, not reject his investiga- oversight subcommittee for all the ma- the good it has done or that it could tion, not reject going forward to find terials created by Ernst & Young, the do. I am certainly not saying there is out whether there was wrongdoing accounting firm hired by the CDFI not a need in these communities for here—that is appropriate and we ought Fund to review fund procedures. In help and that there are some worthy to do it—but I say to my friends that these documents were interviews with goals. this activity occurred prior to the CDFI fund employees which indicate I am simply saying that when we budget agreement. The budget agree- that CDFI employees raised a number take 271 applications and give four ap- ment entered into by both sides con- of troubling issues concerning the ad- plicants about one-third of the money templated and agreed to the full fund- ministration of the awards. without a review process, and then ing of this program. These allegations include: CDFI offi- take the other 267 and make them go Mr. BACHUS. Mr. Chairman, will the cials instructed reviewers to emphasize through a review process, and then gentleman yield? positive information for applications when I am charged as chairman of the Mr. HOYER. I yield to the gentleman being passed, and to emphasize nega- Committee on Government Reform and from Alabama. tive information for those failing. Cer- Oversight to come in and review the Mr. BACHUS. Mr. Chairman, let me tain applicants received requests for process, and instead being told, hey, we say this. On April 14, I announced my clarifying information from CDFI re- do not have any paperwork on these intention to review the files. These July 16, 1997 CONGRESSIONAL RECORD — HOUSE H5353 documents were created on the night of portant critical objective, to give eco- that I think we can reject your amend- April 17 and the morning of April 18. I nomic development in those areas ment or perhaps you would withdraw have been attempting since that time where all of us want to see economic it. We could reject your amendment to find out the truth, and it was only development, job creation, and better and pursue the proper investigation, so on the inspector general’s report com- lives for people. that we have a fully funded program ing in this week that I knew about it. b 1715 that we all think is important, and at Mr. HOYER. I understand that. the same time make sure it is being Mr. BACHUS. Mr. Chairman, I do If that is our objective, then the run properly. agree that we are caught on the horns budget agreement which contemplated Mr. BACHUS. Mr. Chairman, I move of a dilemma, and that you can advo- the full funding of CDFI ought to be to strike the requisite number of cate for this program and condemn the pursued at the same time that other words. act that happened. So I do not fault the horn ought not to be abandoned, that is Mr. Chairman, let me say that I gentleman for that. We have been hurt to say, this investigation; this inves- wanted us to focus for a minute on a in our oversight. I do not question the tigation into whether or not the ad- problem we have. That problem is that gentleman’s motives. I do not question ministration of this program is being the people who directed that these doc- that. That is not for me to do, or to pursued properly, which I do not know, uments be placed in the files are the di- question the effectiveness of the pro- but if it is not, it ought to be. I agree rector and the assistant director of this gram. with the gentleman from Alabama. fund. We are not talking about clerks Mr. HOYER. I thank my friend for I also appreciate the gentleman’s re- here. We are not talking about low his comments. mark, the President has been a very level officials. Mr. VENTO. Mr. Chairman, will the strong proponent of this program, long We do need to move in two direc- gentleman yield? before there was any question of impro- tions. One is that we clean up our pro- Mr. HOYER. I yield to the gentleman priety. The President does not want gram as opposed to close it down, or from Minnesota. impropriety any more than the gen- some for philosophical reasons say Mr. VENTO. Mr. Chairman, I think tleman from Alabama. But what the close it down. This amendment freezes we concede that nobody is going to de- President does want and what he asked funding this year. I will say again, I fend the fact that somebody began to for in the course of the budget agree- think Shorebank has done good work. I put it on paper after the Oversight ment was that this program be pursued do not think that that, and I have not Committee chairman properly asked vigorously because the objective was pointed the finger at Shore Bank or for some materials. But the fact is that critical. If we are going to energize and these three other institutions. They re- the contention that there has been no grow communities, we need to have ceived funding. evaluation done, even if it was done healthy economic engines for not only What I have said is that they did not orally and it was not put on paper, does central cities but also other areas. go through the same process from what not mean that it was improper. That is So that is why it is so important that the files appeared. It is a different situ- a legitimate question. The gentleman we fully fund this program today, and ation. I do not want this to be taken would like to put things on paper, and I might say to my friend, there will be personally on my part, particularly I do, too. But the fact is that there is time obviously between now and the this is a program that the President no demonstration that anything that adoption of the conference report. And fervently believes in. has been done is improper. In fact, as the gentleman well knows, this Mr. VENTO. Mr. Chairman, will the most of the information that has been money is October 1 forward money, so gentleman yield? alleged to be improper has, I think, had that if we do not give the lead time Mr. BACHUS. I yield to the gen- satisfactory answers brought to the now, once you resolve the problem and tleman from Minnesota. conclusion with regard to this. we do not have the resources, we will Mr. VENTO. Mr. Chairman, I appre- Mr. BACHUS. If the gentleman will not be able to pursue the program as ciate the gentleman’s support for the continue to yield, Mr. Chairman, there vigorously as I think most wanted. program. The concern I have is that are two allegations that things may Mr. FOLEY. Mr. Chairman, will the very often in a categorical grant situa- have been improper. One is that these gentleman yield? tion there is a lot of communications documents should have been dated. Mr. HOYER. I yield to the gentleman had between the agency and the appli- Even the legal counsel at Treasury from Florida. cants. In fact, sometimes they get cus- cautioned against doing what was Mr. FOLEY. Mr. Chairman, the big- tomized, sort of like a game of ping- done. ger question is, we are talking about pong, until you get the number right. I will say this, and I say this with four loans in question totaling $11 mil- The fact is this is a relatively small some hesitance of being misinter- lion that went to Shorebank Corp. of community at this time. It is a startup preted, but I am going to say it, Presi- Chicago and three related companies. A program. Clearly there are some prob- dent Clinton was a supporter of this college roommate of President Clinton lems here. I fault them for providing program before it was created. He ad- worked there in the 1980’s. They came papers after what apparently was the vocated it before it was created. He was down and set up a corporation in Ar- oral and the nonwritten type of ap- a proponent of it. So his involvement kansas which Mrs. Clinton became a di- proval of these grants. That is regret- in pushing it or advocating it should in rector of and formed through the Rose table for those of us that have advo- no way indicate any ill intent on his Law Firm. cated for this program. Certainly for part. The one firm, the group of companies the administration, the President, this The CHAIRMAN. The time of the that got $11 million from this fund are is deeply disturbing and we hope we gentleman from Maryland [Mr. HOYER] the only ones we cannot find docu- can resolve it. has expired. mentation towards. So we are urgently Mr. BACHUS. Mr. Chairman, I would (By unanimous consent, Mr. HOYER concerned with the way this particular say that it ought to be deeply disturb- was allowed to proceed for 5 additional grant was authorized. There may be ing to him to have something like this minutes.) nothing inappropriate about it. happen, and him to be involved in it Mr. HOYER. I thank the gentleman Mr. HOYER. Reclaiming my time, only because he is an advocate and sup- for his comments. That is why I sug- Mr. Chairman, I will say with all due porter of the program. gest to my friends, as I said at the out- respect to my friend from Florida, your Ms. WATERS. Mr. Chairman, will the set, that I think the gentleman’s com- side of the aisle is unbelievably con- gentleman yield? ments really lead us to remove our- cerned with anything that Hillary Clin- Mr. BACHUS. I yield to the gentle- selves from either horn of this di- ton may have had any relationship to woman from California. lemma. over the last 29 years of her life. Ms. WATERS. Mr. Chairman, let me The reason I say that, it seems to me Mr. Chairman, in closing, I believe say that I share the gentleman’s con- self-evident that we have a program we can extricate ourselves from these cern about the proper management of here which almost everybody who has horns of dilemma on which I do not be- this or any program. I am the ranking risen to talk has said has a worthy, im- lieve we are hoist. I say to my friend member of the subcommittee that the H5354 CONGRESSIONAL RECORD — HOUSE July 16, 1997 gentleman chairs. We have not had a ensure that every penny that we are We all know those issues need to be discussion about this. Not once did the appropriating from this subcommittee addressed. There is an investigation. gentleman ask me to join him in tak- reaches the budding entrepreneurs and We definitely want to see that re- ing a look at this. underserved communities for which it solved. But it seems to me that the in- I would be the greatest supporter of is intended. tent of the program, which did not trying to make sure that this program I beg my colleagues, particularly my really start with Bill Clinton but start- and any other program is run properly. colleague who offered this amendment, ed way back, which is why Tom Ridge We all care deeply about this program. we must give the CDFI fund a chance and I did it, and then subsequent to This was a bipartisan effort. We de- to continue to build on its success and Tom Ridge being elected governor of bated this in a laudable fashion when it make course corrections and, of course, Pennsylvania, the gentleman from came before us. If the gentleman wants improvements as needed. You do not Iowa [Mr. LEACH] and I came back and my cooperation in taking a look, he want to wipe out this program for one issued the same legislation again, the has it. But I would respectfully ask the or two infractions which you have reality is, Mr. Chairman, that we as a gentleman not to cripple this program, heard about but that are being inves- body, it seems to me, if we are going to not to cripple the institutions, not to tigated. respond every time an entity in our cripple the small businesses who will The CDFI program is well deserving communities do not get funded or if we be the beneficiaries, all of those appli- of our support. Our colleagues have are going to respond to every com- cants you have from Alabama. told us how good it is for budding en- plaint that is brought before us, we You have about six of your areas in trepreneurs. It has my and many of my will find ourselves going through al- Alabama who would like to have colleagues’ support. Why do we not most every agency of government mak- money. We need to expand the opportu- give this a chance? Hopefully this well- ing a decision that that agency ought nities. I would ask the gentleman not meaning colleague will withdraw his not be funded. to cripple their opportunities with lim- amendment which will be deleterious I would suggest that this is an appro- iting this and keeping it at $50 million to this particular fund. It is already priate agency for us to look at based on when, in fact, the President and the being investigated, and we ask your its 1 year experience and in looking at budget agreement that was worked out help in having the CDFI maintain its that 1 year experience, make a deter- would allocate $125 million. funds. mination in accordance with some rec- Mr. BACHUS. Mr. Chairman, I am Mr. Chairman, I yield to the gen- ommendations that they have already sensitive to that agreement. tleman from New York [Mr. FLAKE]. made, put our recommendations on the Let me wrap up and then I will en- Mr. FLAKE. Mr. Chairman, I thank table as well, try to work through gage in a colloquy. I think what we are the gentlewoman for yielding to me. those recommendations. doing here today is healthy because we Let me say I stand in a unique posi- Mr. GOSS. Mr. Chairman, I move to are not simply slamming each other’s tion here in that I am the predecessor strike the requisite number of words. motivations. We are not trying to grab of the gentleman from Alabama [Mr. Mr. Chairman, I am a little puzzled. I this for political purposes. I think that BACHUS] as chairman of the Sub- was in the Chamber to deal with an- it does do a disservice to our debate committee on General Oversight and other matter and I have been listening when we characterize the President’s Investigations. to this debate. I am a little puzzled advocacy of this program in a demean- One of the things that one finds when about what is going on. It seems to me that we have got a ing way. He is a supporter of this pro- he or she is in that position is that documented wrongdoing here that has gram and of what it is designed to do. there are always agency issues that been discussed now in the media, and We have to have every applicant go can bring one to a point of wanting to inspector generals have gotten in- through the same process, play by the do what the gentleman has tried to do volved with it, once again showing the same rules, and this agency has got to with this particular piece of legisla- worth of having a good inspector gen- be forthright, honest, open and expedi- tion; or one can make the decision that eral in any of the line agencies, as we ent when we go in to review it. They they are going to try to work with the have voted in this House recently to have to give us an honest review. agency, work through those problems, approve. Mrs. MEEK of Florida. Mr. Chair- solve them, based on a desire to want man, I move to strike the requisite to assure that a worthy program has b 1730 number of words. the ability to do what it was designed And then I take a look at the bill and Mr. Chairman, I am a member of the to do. suddenly discover that a program that Subcommittee on Treasury, Postal Let us be very clear. I chaired the has some mischief in it we are being Service, and General Government of committee during the time of a Repub- asked to increase by 150 percent, and the Committee on Appropriations, and lican administration in the White that it is a program, it turns out, this did come before our subcommittee House. The gentleman was a member of where some of the mischief is involved and we discussed it at length. I would that committee and he knows for a fact with the person who is asking for the like to say to my colleagues, and to my that I never did treat the committee in increase. I am having a little trouble colleague who has this amendment a way where, whatever problems we with that. here, we are aware of these allegations found in an agency, we treated them as We have a responsibility here not of improper activities surrounding the if they were White House problems. We only for legislation but for oversight. first round of CDFI awards and, coinci- treated those problems based on the How do we look our colleagues, our dentally, one aspect of this allocation fact that that particular agency had taxpayers, the people we represent was highlighted in today’s Washington some issues that needed to be resolved, back in the district in the eye and say, Times and the Wall Street Journal. either because they were being inves- oh yeah, we sort of saw that but we While the appearance of these arti- tigated or we found some problems winked and nodded at it because it was cles today as we debate this amend- that we had some difficulty with. OK. We went and took a look at the ment gives the impression of breaking Therefore, it seems to me when we fact and, yeah, they said, oh, they did news, I say to my colleagues this is not really look at Community Develop- something wrong. breaking news and this investigation is ment Financial Institutions and the What are these folks doing? Well, not news to our subcommittee. The al- dual track on which that runs, because these folks are out there instead of rip- legations against the CDFI program it does not stand by itself; it in fact ping stuff up before the cops come were discussed throughout our hearing runs also with the Bank Enterprise Act through the door, they are making up process. An appropriate investigation which Tom Ridge and I did as a biparti- the justification to cover up, to put has begun and is being undertaken by san piece of legislation in 1991, long be- stuff in the file. That is intentionally the IG and the Treasury Department. fore there was a Bill Clinton in the misleading a congressional committee. So the committee’s position is fully White House. The reality is, if we look That is against the law. There are pen- discussed in the House report, and we at the first year of CDFI funding, what alties for that. insisted that appropriate changes, safe- we ought to be dealing with is, yes, I cannot understand why we are all guards and improvements are made to there are some problems. just standing here saying, oh, this is July 16, 1997 CONGRESSIONAL RECORD — HOUSE H5355 OK. It is not OK to mislead a congres- Now, I appreciate the gentleman some people at the top did bad things. sional committee, and we all know it. from Alabama, and I mean this seri- Go after them. They want us to believe that this is ously, that he said he was not impugn- Do not take the poor people of these just an innocent mistake. Let me read ing their motives, and I do appreciate cities, who are the intended bene- here from the memo that was put into that. I did begin to hear some dark ficiaries of this, hostage in our frustra- the file, after the fact, to aid and abet plots about Hillary Clinton, and I tion that some high level people did this coverup. ‘‘The applicant is poten- thought we were going to be told that something wrong. tially competitive.’’ Now, remember, the documents had been found in Vince Mr. FLAKE. Mr. Chairman, I move to this is put in 2 months after the money Foster’s briefcase. But the gentleman strike the requisite number of words. has been given to the applicant. ‘‘The correctly said this is a question of how Mr. Chairman, for 11 years here I interview team will need to review the we deal with programs. But the ques- have argued consistently that the only application in depth to determine tion is how do we deal with ineffi- way we really get to the bottom of try- whether or not the application is in ac- ciency, corruption, or whatever in a ing to resolve many of the issues that tuality competitive, and if it isn’t com- program. are endemic to those communities petitive, how much funding to provide, Do we punish the intended bene- where many of us would agree we need in what form, and for which initia- ficiaries? Do we hit the innocent vic- to make adjustments in our approaches tive.’’ tims? Because that is what this amend- to social programming is to create in- That statement is put into the file ment does. Or do we say let us prefer vestment vehicles, investment oppor- several months after the money has charges. I am not familiar with the tunities, create the means by which been given. That is a blatant bald-face specifics. But if someone violated the government becomes the tool that attempt to mislead investigators by a law, we should not take away the pro- leverages the possibility for develop- line agency over which this institution gram they are administering from the ment. has oversight under the balance of pow- people on whose behalf it was created. I am more than a Congressman, I am ers. We are accountable to the people Go after them. a minister who happens to be involved of the United States of America to say I am particularly concerned by the in development and has done more this is wrong, we will not tolerate this, double standard. The gentleman from than 50 million dollars’ worth in the and we expect cooperation from the Florida, who spoke just before me, has community where I live. The bottom other branch of Government. been very active on the Permanent Se- line is the one thing we do not have in Mr. FRANK of Massachusetts. Mr. lect Committee on Intelligence. My those communities is access to capital. Chairman, I move to strike the req- recollection is a few years ago we found One reason we started out with the uisite number of words. about $4 billion they had not told us Bank Enterprise Act was to create ve- Mr. Chairman, the gentleman from about. They hid $4 billion. And what hicles by which we could get capital Florida has illuminated the problem. did we do to them? We said spend that into the communities and not just He talks about people who he believes more carefully the next time. The in- focus on housing but also focus on re- violated the law. He talks about people telligence agency has been plagued development of commercial strips, get- who mislead the Congress, and he sup- with problems, spies, et cetera. We ting people involved as entrepreneurs, ports an amendment which does not pe- have not cut intelligence because of getting them in business for the first nalize them in the slightest. This does that. time in their life. not cut their salary. This does not let Indeed, I think we could have cut If we are talking now about trying to the air out of their tires. This does not them for other reasons. When we have reduce a program that has only been wake them up with a crank call at 4 cost overruns in the Pentagon, when funded for 1 year, we are going to take o’clock in the morning. It cuts the pro- we have other problems, do we penalize away funding in the second year, the gram so that the intended beneficiaries the programs’ intended beneficiaries’ reality is it will take us almost forever are denied the funds. That is the illogic shares? That is the illogic. to get that program back up to a point in this. Have we not done enough to the where we get businesses started in In fact, by this reading, the bene- poor? I mean this. Let us look at the those communities. ficiaries have already been hurt be- budget. We have said, no, we cannot Now, I find a problem in terms of the cause people running the program ran have welfare, we cannot have food rhetoric that I hear here. On the one it badly and we will show those people stamps. People can make an individual hand I hear my colleagues on the other who ran the program badly, if they justification for each of those, al- side talk about how we need to move cheated the beneficiaries, we will cheat though I would disagree. We cut hous- people from welfare to work. And then them even more. ing. We cut welfare. We cut for the here we talk about, in spite of the fact This is like the parent who tells the least among us. we want to do that, we are going to teacher, ‘‘You know, my kid is very We did say, OK, here is what we will take away one of the few leveraging sensitive. And if he misbehaves, smack do. We will fund the program $150 mil- tools we have to make investments to the kid next to him. He will get the lion, not even the margin of error in try to create jobs in those communities message.’’ the average Pentagon program, and we where the people live who would come This is not hitting the person who will take that and we will give that to off of welfare and go to work. misbehaved, this is smacking the per- these people for them to engage in self- I do not need anybody telling me son next to them. And we are telling help. There has been no allegation that what the politics may be. I want them the poor people, who are supposed to be the beneficiaries misspent. There has to deal with some realities. I have been the beneficiaries of this program, that been no allegation, and the gentleman fortunate where I am to create 800 jobs, because they have suffered maladmin- from Alabama quite generously noted I have about 800 employees, largely be- istration, we will go after the program. some of the beneficiaries had done a cause initially we did investments Now, I thought Republicans believed good job. from church funds. Most entities can- that what we should do was encourage Well, who do we think we are punish- not do that. They need this leveraging self-help. We have cut housing, we have ing? What is the logic of saying to one tool. They need the synergy of govern- cut benefit programs, we have cut wel- group of administrators, because you ment being involved with these com- fare. Have we no other way to deal did badly we will, therefore, hurt the munity development corporations so with maladministration than to deny people for whom the program was in- that they can do what they are unable to the intended beneficiaries of a pro- tended? to do by virtue of the fact the re- gram the benefits they are supposed to I hope we will reject this amendment sources are not available to them. get? because I have not heard any argu- I would urge my colleague again to The people who misbehaved will be ments against the nature of the pro- take a very close look at what his leg- left whole by this. They will in no way gram, against the way the program islation does. I think it is a piece of be inconvenienced. Indeed, they will be works out in the street. I have not legislation that, if he really would give paid the same amount of money to do heard arguments that the program in consideration to, he might want to less work. its execution is flawed. I have heard think about withdrawing because this H5356 CONGRESSIONAL RECORD — HOUSE July 16, 1997 piece of legislation does damage to any The question before us really is one ing careful review of the circumstance possibility of being able to restore of propriety, and I regret to say that I surrounding this program. those communities, to create jobs in am very disturbed by the developments Mr. FLAKE. Mr. Chairman, will the them, to put those commercial strips that I have read concerning the han- gentleman yield? back on the marketplace. dling of the funds in this matter. Mr. BAKER. I yield to the gentleman If those commercial strips go back But let me speak first to the issue of from New York. into the marketplace, they become whether the Congress is or is not being Mr. FLAKE. Mr. Chairman, as the taxable entities. If they create jobs, responsive to the needs of those in low- gentleman from Louisiana knows, over they create opportunities for folks to income communities, particularly in the years I have argued that in order actually make contributions to the light of the debate as to whether this is for us to really build a concept of holis- Federal Government through taxes an effective program or not. tic communities, we cannot merely that they currently are not doing. The CDFI Program was a joint effort talk about housing. And what happens, They create working communities of the gentleman from New York [Mr. and the gentleman is absolutely right, where people do not have access to FLAKE] and Mr. Ridge several years there are funding mechanisms avail- jobs. ago, and at the time of its outset I was able, Fannie Mae, Ginnie Mae, Freddie I think we are doing a dangerous a supporter and felt confident it was a Mac, all of those are available, but thing, and it is my hope that my good direction in which we should move. I what they do is basically concentrate friend from Alabama will take a very pointed out then, however, and I point on housing. serious look at the damage that will be out to Members tonight, that the com- Mr. BAKER. Mr. Chairman, reclaim- done if we go in the direction of this munity investment program of the ing my time briefly on that point only, amendment. And I would say to him Federal Home Loan Bank, a program and then I will be happy to yield fur- again, having served as chairman of that exists today, as of the close of ther, the community investment pro- this oversight committee during the business in 1995, in 1 year, extended gram of the Federal Home Loan Bank previous administrations, which did loans to low-income communities to- funds firehouses, multifamily apart- not involve Bill and Hillary Clinton, taling $9 billion. Nine billion dollars. ment houses, restaurants, anything a there were many times I could have ac- So to say that programs of this Con- community needs, and $9 billion of it tually done what the gentleman is gress intended to help low-income indi- was done in 1995. So this is not a lim- doing. I did not do that. I did not do it viduals are not available is simply not ited purpose program that I am ref- with HUD or even with the RTC, in accurate. Matter of fact, I would erencing. spite of all the tragic problems they strongly support an expansion of the Mr. FLAKE. Mr. Chairman, will the had, but rather we tried to work with applicability of the CIP Program be- gentleman continue to yield? the administration. cause I know how those funds are Mr. BAKER. I yield to the gentleman I would urge the gentleman to work awarded and that deserving people get from New York. with this administration. Let us do real opportunities. b 1745 what is right to try to move forward as The problem for us here with this de- a nation. bate is that with the CDFI Program, Mr. FLAKE. Mr. Chairman, if we Mr. VENTO. Mr. Chairman, will the upon further examination, we cannot look at that very closely, what we find gentleman yield? defend how the awards were made. is that the resources that could be Mr. FLAKE. I yield to the gentleman There was no objective scoring criteria. made available for the redevelopment from Minnesota. of those commercial strips, the rebuild- Mr. VENTO. Mr. Chairman, I appre- There was no way to go back and say ing of the small business sector in ciate the gentleman’s work on the tonight that the $50 million that has those communities, that is not where oversight and his work on the RTC been authorized and allocated, we those funds are going. oversight. I similarly, before that sub- know how it was given out. Mr. BAKER. Mr. Chairman, reclaim- committee, I headed a task force on Apparently the documents that have the RTC, and I think we made it a bet- been the subject of controversy were ing my time, let me give one further ter entity of the Resolution Trust inserted into the public record after example, if I might. Under the Federal Corp. the determinations were made. That is Home Loan Bank Community Invest- I would point out in the report of in- troubling. ment Program, if the employees work- vestigation by the Department of the All I am suggesting to my colleagues ing in a business make less than 80 per- Treasury, the office of Inspector Gen- is that we should move very carefully. cent of the median income in that com- eral, and I am reading, ‘‘On June 25, And the gentleman from Alabama [Mr. munity, meaning lower income sala- 1997, THOMAS Byrnes and Charles BACHUS] is suggesting with the adop- ried employees, that business owner Mitchell, Auditors, Capital Audit Re- tion of his amendment that we say, can go to the Federal Home Loan Bank gion’’ of the office of inspector general wait a minute, let us keep it at last member bank institution and refinance from Treasury, ‘‘conducted a compari- year’s level 1 more year. And what are their entire business debt at a federally son of the information contained in the we talking about? The difference be- subsidized, low interest rate. four undated memorandums with the tween $50 million, last year’s appro- Now I can tell my colleagues that is information provided by Rohde,’’ who priation, and the 125 previously agreed a pretty distinctive advantage for low- is the individual involved, in the oral to. And I would point out to the gen- income families. The fact is it may not memorandum based on the contem- tleman that perhaps $25 million of the be utilized everywhere. I do not under- poraneous notes taken by Rohde, Coo- previously authorized 50 was actually stand, but it is currently being done. per and Piper during the oral memo- spent. Mr. FLAKE. Mr. Chairman, if the randum presentations. There was noth- So what is the rush? Why do we not gentleman would continue to yield, it ing in the notes which contradicted in- take the proper steps? Because of one is an advantage. It is not enough. The formation presented in the written simple point. When I get off the plane bottom line is, if you are only dealing memorandums. and go back to Baton Rouge over the with the existing businesses, you still I would point out that the informa- weekend, I will find it hard to say that do not create the kind of opportunities tion is consistent. That does not, in my $150 million is insignificant money to that CDFI was intended to create. judgment, excuse or justify the fact people in my district. Not that we are We are talking about bringing new that these memos were written and not abjectly opposed nor in any way resist- businesses into the mainstream. We are dated and placed there prior, but it ant to helping those in communities talking about potential entrepreneurs does to me suggest that there was an who have financial need, that we do in who right now have the basic plans but evaluation process that was in place fact want to help, that we would like do not have access to the same—— based on what was a substantial mem- to see programs like the CIP Program Mr. BAKER. Mr. Chairman, reclaim- ory of the individuals making the properly managed and properly oper- ing my time, I agree with the gen- awards. ated, and be fully funded. I can be sup- tleman that we ought to have more in- Mr. BAKER. Mr. Chairman, I move to portive of that. But we should not at novative ways. The only thing I am strike the requisite number of words. this point take this step without mak- suggesting here this evening is that we July 16, 1997 CONGRESSIONAL RECORD — HOUSE H5357 need to make sure they work before we the businesses that would be the bene- Mr. Chairman, I want to join my col- put more money in them and there is ficiaries. leagues on both sides of the aisle in ex- question as to how this one works. Remember what we are doing now in pressing concern if there has been im- Mr. SANDERS. Mr. Chairman, I the budget. Remember how we targeted propriety in the administration of this move to strike the requisite number of small businesses with capital gains tax program. I do not think any of us has words. cuts in order to grow them. the luxury or the American people Mr. Chairman, I will be brief and just Mr. SANDERS. Reclaiming my time, have the luxury of tolerating improper make a couple of points. First, allega- if I might, may I ask the gentleman conduct in the administration of any tions have been made about improper from Florida [Mr. FOLEY], I think what government program. behavior. Those allegations should be he is hearing on this side is no toler- Having said that, let me also be real- followed up. If people acted improperly, ance for misbehavior in the adminis- istic and say that there is not a gov- we should deal with them in accord- tration of that program. ernment program anywhere where ance with the law. And I do not think Are we in agreement with that? Mr. FOLEY. Mr. Chairman, will the there are not some kinds of problems that there is anybody who disagrees in them, and it is always our respon- with that. And when somebody on the gentleman yield? Mr. SANDERS. I yield to the gen- sibility to try to identify those prob- other side says, we do not care, that is tleman from Florida. lems and to address those problems, wrong. Mr. FOLEY. I understand that. and that is why we have oversight com- On the contrary, because we believe Mr. SANDERS. Reclaiming my time, mittees. That is why we have, hope- in these programs, we demand that and what the gentleman is hearing, sir, fully, people of goodwill who are elect- they be administered properly. We do is that we wanted to move forward in a ed to office, both on the legislative side care, and we wanted to know about any nonpartisan way. and on the executive side, who have as illegalities, and we will work with any- Is the gentleman hearing that? a responsibility running Government body to address those problems. It is of Mr. FOLEY. If the gentleman would as cleanly and honestly and as effi- concern that, as far as I understand it, continue to yield, I am hearing that, ciently as we know how to do it. the ranking member of that committee sir. But there are communities through- was not officially informed about these Mr. SANDERS. Reclaiming my time, out America who need the benefit of problems, and that does not suggest to OK, so let us do that. But can we have this program, at full funding, not at me a nonpartisan way to address them. some assurance from my colleague that some reduced level, at full funding. That is point No. 1. we should not be punishing people and There are problems obviously in the Point No. 2 is, there is an enormous small businesses in needs, that we military. We heard about exorbitant need for capital in low-income commu- should pass the appropriation that cost of toilet seats and hammers. We nities. And the gentleman from Massa- came out of the committee, and then did not go in and try to zero out or chusetts [Mr. FRANK] made a point a let us proceed tomorrow to do the prop- freeze the funding of the military. We moment ago that needs repeating. I er investigation and let us deal with identified those problems and we con- brought forth an amendment to cut that? tinue to identify those problems and funding for the intelligence commu- I yield to the gentleman. try to address those problems. Mr. FOLEY. Let me just reiterate. nities after I learned that the National There are problems of sexual harass- Reconnaissance Office had ‘‘lost $4 bil- Fifty percent of the money still re- mains in the account to be given out. ment in the military, but we have not lion.’’ We were not successful in lower- tried freeze the funding of the military ing funding for the intelligence agen- This amendment would allow an addi- tional $50 million to continue to loan because of those problems. We have cies. tried to address those problems Time after time, cost overruns occur out to communities. straight on, straight up, go directly at in the military; and through defense Mr. SANDERS. Reclaiming my time, them, and the reason is that we know contractors, they continue to get in- I am really aware of that. that there is an important public de- creases in their programs. What we are Mr. FOLEY. If the gentleman would fense purpose that the military serves saying is, we have a program here continue to yield, and may I also stress in our country. where the need is desperate. Low-in- the Senate VA–HUD passed out a zero What I have heard on both sides of come communities in Vermont and funding for this category out of their the aisle is that there is an important throughout this country need the cap- committee yesterday. They zeroed out public purpose that this CDFI program ital to help small businesses and other the account. So we clearly do not want to do that. serves for our country. It was a biparti- institutions. We do not want to go backward in If people have acted improperly who san initiative. It was funded through time. are in the administration of that pro- bipartisan efforts. The makeup of it Ms. WATERS. Mr. Chairman, will the was influenced by my colleague, the gram, deal with that. But do not kill or gentleman yield for a correction about paralyze the program because of the gentleman from New York [Mr. FLAKE]. how much money has been spent on the This is not welfare. This is something misdeeds of those people. program? Ms. WATERS. Mr. Chairman, will the that advances what all of us support The CHAIRMAN. The gentleman and stand for, which is the ability of gentleman yield? from Vermont [Mr. SANDERS] controls Mr. SANDERS. I yield to the gentle- every single community in our country the time. to participate in the economic vitality woman from California. Mr. SANDERS. Reclaiming my time, of our country. Ms. WATERS. Mr. Chairman, I am I would just ask the gentleman from I am not critical of my colleagues for pleased that the gentleman pointed out Florida [Mr. FOLEY], if the Senate has again that there was no attempt to done that, then it is more important investigating any improprieties in this work with me, no attempt to talk with that we come forward with the full ap- program. We have committed to join in me about problems that have been propriation. the investigation because if somebody identified or problems that have been I would just urge the gentleman to is wasting money that should be going found. Anybody that knows anything understand that people on this side are to revitalize programs in inner cities, about me knows that I will investigate, not tolerant of any improper behavior in rural America, in decaying commu- I will find out who is doing what, I will in terms of the administration of those nities, every single one of us should be help get to the bottom of it. funds, and we will work with them to outraged about it, and we are outraged Let me just say this: Questions still get at the root of the problem. We about it if their conduct is improper. remain. I am not opposed to working would hope, however, that he would But that is not, that is not, my col- with the Chair and the gentleman from support the full appropriation and leagues, an excuse to freeze the funding Florida [Mr. FOLEY] to continue inves- allow this important program to go for this program, because then we are tigation, to expand investigation, to forward. saying that the program has no value. look at this from every angle that we Mr. WATT of North Carolina. Mr. Mr. Chairman, I ask my colleagues to can possibly look at it. I would think Chairman, I move to strike the req- withdraw this amendment and allow that the thing to do is to not penalize uisite number of words. regular order to proceed. H5358 CONGRESSIONAL RECORD — HOUSE July 16, 1997 Mr. DAVIS of Illinois. Mr. Chairman, They began to reach out and say to the This particular example can be mul- I move to strike the requisite number people in South Shore, Jackson Park tiplied time and time again. I would in- of words. Highlands, Woodlawn, Grand Boule- vite the gentleman from Alabama [Mr. Mr. Chairman, I have listened rather vard, other communities in my district BACHUS] and anybody from the other intently to this debate and certainly that, notwithstanding the heartless- side, anybody on this floor and in this much has been said. As a matter of ness and the callousness of the major body, if they doubt the success and the fact, I agree with much of what I have banks in this city, we will indeed take impact of Shore Bank, let me take heard. But it is very difficult to agree your plight and your cause up and we them into my community. Let me have with the bottom line, and that is if the will develop the kind of approach them walk down the streets of South bottom line is to deny people all over where you can get loans for your busi- Shore and look at the apartment build- America. nesses and loans for your homes. They ings where they have invested their This program is the result of the cre- started this approach. They created moneys and turned apartment build- ativity of Shore Bank, before the pro- this vehicle. ings around. Let me take them to the gram started, developing some creative Mr. Chairman, when I was elected in factories where they have helped fac- initiatives on how you could get money the 103d Congress, when I came here in tory workers. into low income communities, how you 1993 and served on the Committee on Do not throw the baby out with the could make sure that people who had Banking and Financial Services, when bath water. If my colleagues have a never gotten a loan could get a loan for this bill was discussed I was most problem with how this program is their business, people who had never proud. Most proud. As a matter of fact, being run, let us correct the problem. been able to purchase a home could this was the high point of my brief ca- Let us not target South Shore Bank purchase one through the creativity of reer, to have been able to work with because that is what it is all about, is the banking process. other Members on both sides of the South Shore Bank. Do not target Then Governor Clinton saw it, liked aisle on the Committee on Banking and South Shore Bank. Let us solve the it and, as he became President, became Financial Services to make this bill a problems and keep this money and a real proponent of it, talked about it law. keep this budget and keep this agree- all over America. And now I hear us Mr. Chairman, I have one pen, one ment alive. saying that because the bath water pen where a President signed a piece of Mr. LEWIS of California. Mr. Chair- might have gotten a little tainted that legislation, one letter engulfed with man, I move to strike the requisite we are going to throw out the baby, that pen, and that is the pen that the number of words. President gave to me when he signed too. Well, the baby really had nothing Mr. Chairman, as I indicated earlier, this legislation. I think it is symbolic, to do with tainting the water. I was at much of this information and these ex- Mr. Chairman, for a person who fought a Shore Bank just this past Saturday, pressions of concern were not available all their lives on behalf of poor people a Shore Bank that is less than two to the committee when we discussed it to be able to vote and to work on a blocks from my home, who reaches out at the appropriations level and this in- piece of legislation that this body into communities and asks people do creased appropriations was rec- passed into law to create this particu- you really need a loan? Come and let us ommended. Nonetheless, I am very in- lar bill, to create this particular meas- help you go through the process, let us terested in this program and its poten- ure. tial positive effect on the communities help you determine what you need to Mr. Chairman, we can talk about a out there. I want to make sure that the do, let us help you find out whether or few Federal employees who might have committee is doing all that it can to not you are eligible. And so I join with done the wrong thing and, yes, we those who would suggest that it is in should look at them. If they did wrong, make certain that funds made avail- actuality one of the best economic de- then they should be fired. But let me able by way of an appropriate and ob- velopment programs that America has tell my colleagues the other side of jective application process get to the seen, and to be against it, to reduce the this. very people we are all concerned about money, is like saying we like it but we The CHAIRMAN. The time of the here. are not really willing to demonstrate gentleman from Illinois [Mr. RUSH] has With that, that the committee does that we like it. expired. want to continue to look very, very carefully, Mr. Chairman, I do not pre- b 1800 (By unanimous consent, Mr. RUSH was allowed to proceed for 2 additional tend to have the expertise of the people If we like it, let us fund it. minutes.) on the Committee on Banking and Fi- Mr. RUSH. Mr. Chairman, I move to Mr. RUSH. Mr. Chairman, what my nancial Services that suggested that strike the requisite number of words. colleagues are attempting to do right perhaps there should be an increase Mr. Chairman, I rise to plead with now is to stop a young businessman in and the budget process did that as well, the Members of this body, to plead my community right now who is strug- but I am not sure they had all this in- with the sponsor of this amendment, to gling. He is a successful entrepreneur, formation, either. plead with him on behalf of poor citi- has a clothing store, Jacob’s Store for In the meantime, while I would dis- zens who reside in the First Congres- Men, he has been located on 79th Street continue my own personal remarks re- sional District. in my district for about 5 years, and he garding this matter, I would like to Mr. Chairman, this bill that we are has been a success. He has got five em- yield to my two colleagues here who discussing, the Community Develop- ployees, all working people with fami- have been leading the way in connec- ment Financial Institutions Act, the lies, and his business has been so suc- tion with this and pursue this to the CDFI, did not happen accidentally. cessful that he wants to expand. He has point that satisfies them as we close This bill came into existence primarily gone around to all the major banks in down the discussion on this amend- because folks who live in districts like the city asking them, pleading with ment. mine, the First Congressional District them, look, I have been in business 5 Mr. FOLEY. Mr. Chairman, will the of Illinois, could not get adequate years, I have got employees, I have got gentleman yield? loans, could not get adequate credit for five employees with a family, my busi- Mr. LEWIS of California. I yield to their homes and their businesses. We ness is good, will you give me a loan so the gentleman from Florida. were indeed what one calls a classical I can expand? Mr. FOLEY. I thank the gentleman credit-starved community. Each time, the door has been closed for yielding. We are engaged in what I Shore Bank, without the support of on Jacob and his store for men. Shore hope is fruitful conversations with the any governmental institution, decided Bank is the only one that right now is other side of the aisle on this issue. that they were going to stand up and considering giving this small business- I think clearly the discussion has turn what most had viewed as being a man an opportunity, a leg up, to help centered on some concerns that we lemon, turn it into lemonade. They expand his business and keep that suc- have regarding the program. I think began to develop an approach to pro- cess going and also in order to make statements made by Members of the viding credit to communities and to sure that he continues to have families minority have indicated they too are people that could not get it heretofore. fed because they are in his employ. concerned with some of the aspects of July 16, 1997 CONGRESSIONAL RECORD — HOUSE H5359 the program. I would be agreeable to sight and has significant problems? We the support evidenced in the House, creating a mechanism by which we can clear this up, and I do not know if and we would agree. freeze, or at least accept, the $50 mil- it is 30, 60, or 90 days, but the Treasury So I think that is; I mean if we in lion offer on our amendment if we Department has to get out of denial. fact now choose to in fact adopt an would have within the next 90 or what- The CHAIRMAN. The time of the amendment that would substantially ever days, until October 1, an inves- gentleman from California [Mr. LEWIS] limit this and truncate the program, tigation, to indicate the problems, a has expired. there would be no opposition to nego- set of guidelines that would be adhered (By unanimous consent, Mr. LEWIS of tiate based on what is a subcommittee to in future grants. If we can adopt California was allowed to proceed for 5 action. those types of standards as the gen- additional minutes.) Senate, I might say at this time, and tleman from Illinois [Mr. JACKSON] and Mr. BACHUS. If the gentleman will I appreciate the gentleman yielding, I have been discussing, if we can dis- continue to yield, as the chairman of but that is the dilemma. So if we could cuss those standards, then we would the Committee on General Oversight get with this understanding that I allow the amendment to enact $125 mil- and Investigations, we cannot have think we have from the gentlewoman lion on completion of those issues. oversight as some cat and mouse game from California, the gentleman from Ms. WATERS. Mr. Chairman, will the where we have to ask the right ques- New York, and myself and others, I gentleman yield? tion in the right way. If we do not, we think we would be fully in support of Mr. LEWIS of California. I yield to get a misleading answer, we get no an- resolving the questions with regard to the gentlewoman from California. swer, or we get a promise of an answer. the criteria outlined from the gen- Ms. WATERS. Mr. Chairman, the This is serious. We owe the American tleman from Florida. ranking member of that committee re- people oversight, and also we owe them Mr. LEWIS of California. Mr. Chair- jects that offer. Let me just say that I an honest process of awarding these man, reclaiming my time, I believe we would certainly advise the members of grants. are getting close to the point of coming the Committee on Banking and Finan- Good recipients, good intentions, but to an agreement that will cause the cial Services to reject that offer. we also have to have an honest, open, gentleman from Ohio [Mr. STOKES] and I would be supportive of doing every- good process of making these awards. I myself as we go to conference on behalf thing that the gentleman has talked will simply say that we have got to ad- of Members of the House on both sides of the aisle who are concerned about a about, even though I was never con- dress this problem. It is a problem that very important program being dealt tacted about concerns, even though I we have and the administration has, with in a straightforward way with ob- was never told about an investigation, and it has to be addressed and it can- jective standards and so forth; when even though I was never in any way not be glossed over. brought into this. I am perfectly will- those expressions come to us, I think b 1815 ing to expand the investigation, to go we will be ready to commit that we beyond even where the chair of this And, as my colleagues know, my pa- will carry that voice to the conference. subcommittee has gone in an effort to tience is being tried on this, that we do But indeed we have had a very exten- sive discussion, a very healthy discus- find out what happened. But I would not really have a problem or this is all sion, I think. want the $125 million that was appro- politics when we have the creation of these documents against legal advice. Mr. FLAKE. Mr. Chairman, will the priated by the Committee on Appro- gentleman yield? priations to remain intact and only if Mr. VENTO. Mr. Chairman, will the gentleman yield? Mr. LEWIS of California. I yield to the investigations reap the kind of in- the gentleman from New York, and formation that shows that there has Mr. LEWIS of California. I yield to the gentleman from Minnesota. then we will go from there. been fraud, there has been absolutely Mr. FLAKE. Mr. Chairman, the ques- Mr. VENTO. Mr. Chairman, I appre- wrongdoing, then I would join the gen- tion I ask is that we have a full under- ciate it, and let me just say that I from tleman in reducing the amount. But standing of what it is we will be taking the onset I think helped set a tone here not the offer that has been made, no. to the conference. So on the one level with regard to not attempting to de- Mr. LEWIS of California. Mr. Chair- we are hearing that we would agree to man, reclaiming my time for just a fend actions where individuals manu- $50 million, and then we would have moment, I might suggest that what is factured papers to present to the sub- this interim period between now and really being discussed here in good committee, and I think we are of one October 1, at which we would do an faith on the part of all the parties is mind with regard to resolving that, analysis of those issues which are out- the prospect of developing language wherever it leads. At the same time, I standing, while in the committee print that could fit into a manager’s amend- do not think that we would for a prob- we are talking about $125 million where ment as we go to the conference on this lem in an arms program disarm the sol- we would do that analysis, and if that matter. I would not want to reject that diers, and I think that is the concern analysis proves that all things are all out of hand. we have when we see the pleading with right to move forward, then the whole I would hope no one would who is people like the gentleman from Illinois 125 would kick in as of October 1, the concerned about making sure these [Mr. RUSH] and others, and I would just new budget cycle. moneys get to the people that we say that we are of one mind with re- Am I correct in that understanding, would intend them in the first place. I gard to this, and this is an issue in- or am I incorrect? did not know about these questions in cluded in the budget negotiations Mr. BACHUS. Mr. Chairman, will the depth when the Committee on Appro- which most of us were not part of. I gentleman yield? priations worked on the bill as well. trust that maybe our colleague, the Mr. LEWIS of California. I yield to Mr. BACHUS. Mr. Chairman, will the gentleman from California [Mr. LEWIS] the gentleman from Alabama. gentleman yield? and he says no. Mr. BACHUS. As I understand, I Mr. LEWIS of California. I yield to So I think, as we go forward, I think think part of the budget agreement the gentleman from Alabama. the understanding is that we have was funding at $125 million. I do not Mr. BACHUS. Mr. Chairman, let me gained some, I think a major conces- think any of us anticipated on this side stress that this is not about mischief, sion here today in terms of this, if that of the aisle or on that side of the aisle this is not about giving demerits. This was the concern. I do not know that that we had the problem that we now is about willful intent. This is about my support was ever lacking with re- know we have. The Secretary of the misconduct. This is about trying to gard it, but if we could go forward with Treasury can address this problem and mislead Congress and, therefore, the this, with this understanding that if take immediate action, and he needs to American people in our oversight. This these questions or criteria that our set a standard over there, and he needs deals with the highest officials at good friend from Florida has articu- to, quite frankly, punish those who CDFI. lated are not satisfied in the sense of have done wrong. And as my colleagues What I am saying is, enough is before the closure on this particular know, I think we can commend to him, enough. How can we increase funding bill with regard to conference, then I he can take action, and we can get this for a program that has fought over- would think that there would not be program back on track. H5360 CONGRESSIONAL RECORD — HOUSE July 16, 1997

The CHAIRMAN. The time of the tutions and Consumer Credit because gentleman from Ohio [Mr. STOKES] and gentleman from California [Mr. LEWIS] they are the ones who authorize this I will talk about it. has expired. program, and they have the expertise The CHAIRMAN. The time of the (By unanimous consent, Mr. LEWIS of with reference to it. gentleman from California [Mr. LEWIS] California was allowed to proceed for 5 The gentleman from California [Mr. has again expired. additional minutes.) LEWIS] and I, without knowledge of (By unanimous consent, Mr. LEWIS of Mr. LEWIS of California. I yield to some of the things that have been dis- California was allowed to proceed for 5 the gentleman from Alabama [Mr. cussed on the floor this evening, fully additional minutes.) BACHUS]. funded this program in the amount of Mr. LEWIS of California. Mr. Chair- Mr. BACHUS. I do think he has a role $125 million, feeling that the program man, I yield to the gentleman from to play, and he needs to play that role. had the kind of merit that deserved Florida [Mr. FOLEY]. And the agreement that my colleagues that kind of funding, and we, of course, Mr. FOLEY. Mr. Chairman, I would have outlined I think is our agreement, were not privy to many of the details be agreeable to discussing an amend- but I just hope they are as serious as that have been brought to the floor to- ment that would include the language: we profess to be about this. night. ‘‘$125 million would be appropriated for Mr. FLAKE. Mr. Chairman, will the What we would urge all the parties this program pending a full investiga- gentleman yield? here to do is to accept the rec- tion, an objective evaluation of the Mr. LEWIS of California. I yield to ommendation of the ranking member program now and in the future, the the gentleman from New York. of the Subcommittee on General Over- adoption of uniform standards for Mr. FLAKE. Mr. Chairman, my un- sight and Investigations, the gentle- awarding grants and using an objective derstanding that what we are agreeing woman from California [Ms. WATERS]. I numeric scoring system for allocating to is that it would be full funding as of say that for this reason. The gen- those grants, that the conditions and October 1 if those issues are resolved? tleman from California [Mr. LEWIS] and the investigation and all that is de- Mr. BACHUS. Mr. Chairman, if the I are the ones who are going to be in scribed be agreed to and met by Octo- gentleman from California [Mr. LEWIS] conference. He and I have to try to pro- ber 1 or the funds would hereby be re- will continue to yield, those problems tect the program and also at the same duced to the $50 million as underlined need to be addressed, and they need to time be able to accomplish what the by my amendment pending.’’ be taken seriously, and there needs to chairman of the Subcommittee on Gen- So we would have $125 million made be serious action taken. eral Oversight and Investigations available for the program pending Mr. FLAKE. We agree with the gen- wants to see done, and I have no dis- those conditions, full investigation, ob- tleman. I do not think anyone over agreement with what he wants to see jective evaluation of the program now here has disagreed. done in terms of the kind of an inves- and in the future, uniform standards Mr. BACHUS. Then we have an agree- tigation and whatever action it war- for awarding grants and using an objec- ment. rants being taken. But we will seri- tive numeric scoring system. Mr. FLAKE. So then the gentleman ously jeopardize the program if we do Mr. STOKES. Mr. Chairman, will the would actually go with report of the not leave the full $125 million in there. gentleman yield? Mr. LEWIS of California. I yield to committee based, and then have the I do not think that we want to in the gentleman from Ohio. gentleman from California [Mr. LEWIS] conference jeopardize the program, so I Mr. STOKES. Mr. Chairman, I do not and the gentleman from Ohio [Mr. think what we would want to do is to think the gentleman specified by whom STOKES] agree to the language that leave the $125 million in and make it would, in fact, allow that to kick in, the investigation would be conducted. contingent upon the proviso that my Mr. FOLEY. Mr. Chairman, if the the issues that the gentleman consid- colleague has made reference to here gentleman from California will con- ers to be outstanding are resolved be- this evening. tinue to yield, I would assume the tween now and that time. Mr. BACHUS. Mr. Chairman, if the oversight committee of the House, the Mr. BACHUS. That is correct. gentleman from California would yield, Treasury and the Inspector General’s Mr. FLAKE. Is that correct? or conditioned upon. office. Mr. BACHUS. That is correct. Mr. STOKES. Or conditioned upon is Mr. STOKES. I see. Mr. FLAKE. And with the 125, which fine. Mr. BACHUS. Mr. Chairman, will the is in the committee report. Mr. BACHUS. But let me say this, gentleman yield? I think we can agree to that. and I want to reiterate this, what we Mr. LEWIS of California. I yield to Ms. WATERS. Mr. Chairman, will the know and what the IG has described the gentleman from Alabama. gentleman yield? happened over there—— Mr. BACHUS. Let me say this. Mr. LEWIS of California. I yield to Mr. LEWIS of California. Mr. Chair- I would say to the Treasury Depart- the gentlewoman from California. man, reclaiming my time, I believe we ment that they can facilitate this by Ms. WATERS. Mr. Chairman, the are right at the edge of a general agree- some prompt action on their part. agreement that was just discussed by ment here, and if I can, I think this Ms. WATERS. Mr. Chairman, will the the gentleman from New York [Mr. side has been discussing this. gentleman yield? FLAKE] that will take us into con- Mr. Chairman, I will yield to the gen- Mr. LEWIS of California. I yield to ference in the way that the Committee tleman from Alabama [Mr. BACHUS] for the gentlewoman from California. on Appropriations had designed with an exchange with the gentleman from Ms. WATERS. The general points 125, with language that would define Ohio [Mr. STOKES]. that my colleagues have made are the the way in which it kicks in, is fine Mr. BACHUS. Mr. Chairman, I think outline of some kind of agreement that with me. If we can work on that deal that a lot of things have already been appears acceptable to all of us. My col- and get the specific language, as long investigated and decided, and there is league’s suggestion about the prompt as we go in with the amount that the some action that could be taken this involvement of Treasury is something I gentleman has put in, then I am satis- week. That is my fervent hope, and I do not know how to frame in this fied. hope the Secretary of the Treasury will agreement. I hear them, and I do be- Mr. STOKES. Mr. Chairman, will the show some good faith in setting stand- lieve that if we adopt or if we accept gentleman yield? ards. the general outline, there is a need; Mr. Mr. LEWIS of California. I yield to But I think we have an agreement. Chairman, Mr. Ranking Member, there the gentleman from Ohio. Mr. LEWIS of California. Mr. Chair- is a need for both sides to get together Mr. STOKES. Mr. Chairman, I think man, reclaiming my time, let us pro- and basically finalize this agreement. that I have listened throughout this ceed in this fashion: The general agreement seems fine. We very lengthy debate regarding this I will yield to the gentleman from need to get together, finalize it. If we issue this evening, and of course, like Florida [Mr. FOLEY] to have him out- move forward in that way, I think we the gentleman from California [Mr. line what they believe may be an have something. LEWIS], I have deferred to members of agreement between the parties here, Mr. FLAKE. Mr. Chairman, will the the Subcommittee on Financial Insti- and if it seems to make sense, then the gentleman yield? July 16, 1997 CONGRESSIONAL RECORD — HOUSE H5361 Mr. LEWIS of California. I yield to at this portion of the bill, if properly Mr. FOLEY. I want to make certain. the gentleman from New York. modified, or the same amendment I will withdraw the amendment. I want Mr. FLAKE. Mr. Chairman, I think again. to make certain this language is at- the only thing I would argue, and I am Mr. BACHUS. Mr. Chairman, will the tached to the bill as I read and out- in total agreement, but it would seem gentleman yield? lined, that the $125 million appropria- to me that in order for this to work, The CHAIRMAN. The time of the tion will be conditional upon a full in- Mr. Chairman, it is imperative that the gentleman from California [Mr. LEWIS] vestigation by an appropriate body, ob- chair of the Subcommittee on Over- has again expired. jective evaluation of program now and sight and Investigation and the rank- (By unanimous consent, Mr. LEWIS of in the future, that the uniform stand- ing woman on that committee get to- California was allowed to proceed for 5 ards for awarding grants using an ob- gether and come to an agreement on additional minutes.) jective numeric scoring system is in- what the specifics are that they are in- Mr. BACHUS. Mr. Chairman, will the cluded; and the final thing that I did vestigating, and when we come to that gentleman yield? not add before, that anybody found agreement, that is what they both will Mr. LEWIS of California. I yield to guilty of a violation of law as a result, be looking for, which of course implies the gentleman from Alabama. a violation, would be dealt with appro- that they will have to work together to Mr. BACHUS. Mr. Chairman, I be- priate to law. make it happen. lieve we have an agreement here. I be- Mr. OBEY. Mr. Chairman, will the I think we can all agree to this, I lieve if we spend an additional amount gentleman yield? think it makes good sense, I think it of time to take advantage with each Mr. LEWIS of California. I yield to moves it forward, and I certainly want other in a written document, we have a the gentleman from Wisconsin, the to thank my colleagues for having the good faith agreement to investigate ranking member of the committee. kind of spirit for wanting to work this. I think we have all acknowledged Mr. OBEY. Mr. Chairman, let me through this because I think it is an that it is serious, and we have a frame- start by stipulating I know virtually important piece for the gentleman work that this appropriation is going nothing about this program and I have from Ohio [Mr. STOKES] and the gen- to be conditioned upon our investigat- no stake in it. I would like to see the tleman from California [Mr. LEWIS] ing, and Treasury making us a full re- agreement worked out that we have who I think will do their very best to port and making some standards and just heard. setting up a good procedure. assure that it is funded, and I only I think our concern, I want to make Mr. STOKES. Mr. Chairman, will the argue that it can only be done in a bi- sure that the gentleman from Florida gentleman yield? partisan fashion as it was from the [Mr. FOLEY] has an opportunity to put Mr. LEWIS of California. I yield to very beginning. the concept before the House that has Mr. LEWIS of California. Reclaiming the gentleman from Ohio. Mr. STOKES. Mr. Chairman, based just been agreed to in principle. The my time, Mr. Chairman, could I get the concern, as I understand, is that we attention of the gentleman from Ohio upon the chairman’s statement, is the chairman saying that he would with- need time to work out the language be- [Mr. STOKES] for just a moment? tween these two gentlemen, because I am thinking that have it might draw his amendment at this point? Ex- actly what is he willing to do? they know the ins and outs of this bet- make sense for the gentleman from ter than anyone else. I think the gen- Ohio and I to agree to ask unanimous Mr. BACHUS. I think from a tech- nical standpoint, that is what I will do. tleman from Florida [Mr. FOLEY] needs consent to set this aside, this matter the assurance that we are willing to aside, until 7 o’clock, in which these I am relying on the good faith of Treas- ury, and we are going to go forward allow that concept to come to the parties will come back with language floor, but we need to understand that and will revisit this item and agree with this investigation. I would hope that they will simply acknowledge this that is subject to agreement on the upon the language or not. If we agree exact language. I do not think there upon it by unanimous consent, we can misconduct, which I think the IG has, and that this program gets cleaned up. will be a program. The reason we need include it in this amendment and the time is because we are not certain eliminate the money problem and Mr. STOKES. If the gentleman will continue to yield, I would just like to that the language works. That is the move forward. If we cannot by then, point. then we will just have an up or down say that I appreciate very much the ap- proach taken by the chairman, and I Mr. BACHUS. If the gentleman will vote on the amendment. What does the continue to yield, Mr. Chairman, I gentleman think about that? think both the gentleman from Califor- nia [Mr. LEWIS] and I, in deference to would be more comfortable with these b 1830 the fact that the gentleman is willing two gentlemen working out that agree- The CHAIRMAN. The Chair would to withdraw the amendment, will cer- ment, as opposed to oversight. suggest that it might be in order for tainly be willing to work with the gen- Mr. LEWIS of California. Mr. Chair- the gentleman from Florida [Mr. tlewoman from California [Ms. WA- man, reclaiming my time, I yield again FOLEY] to request unanimous consent TERS] and the gentleman from Alabama to the gentleman from Florida [Mr. to withdraw his amendment without [Mr. BACHUS] and others relative to the FOLEY]. setting a time certain for its being re- type of an agreement that has been dis- Mr. FOLEY. Mr. Chairman, I want to offered. The Committee could continue cussed openly and, I think in essence, know I have some assurance. Otherwise with the deliberation on the bill, at agreed to on the floor. I will press my amendment that is which time, when ready, the gentleman Mr. LEWIS of California. Reclaiming pending at the desk, and allow the gen- from Florida could resubmit an amend- my time, Mr. Chairman, the amend- tleman to perfect an amendment that ment, properly worded in writing. ment is the amendment of the gen- will come back to me, in my direction. Mr. LEWIS of California. Mr. Chair- tleman from Florida [Mr. FOLEY], and I preserve my right to have a vote on man, this gentleman only knows of one he would have to withdraw his amend- my amendment. other amendment. I would love to have ment. I believe the gentleman wants to Mr. STOKES. If the gentleman will the Members get their work done no have a clear understanding between continue to yield, Mr. Chairman, I have later than 7 o’clock. In the meantime, both sides that there is a strong ex- absolutely no reservations about being I think the Chair’s recommendation is pression of concern about procedures willing to work with the gentleman a very good one. that have been involved here. They and the gentleman from California [Mr. Mr. FOLEY. May I inquire of the want to make sure that future applica- LEWIS] toward working this agreement Chair, will my amendment as currently tions are carried forward with some ob- out in a satisfactory manner based being considered be allowed to be made jective standards, et cetera, that which upon what I think in essence is being in order and a part of the bill if I with- we have discussed on the record. agreed upon here between the respec- draw my pending amendment? Mr. FOLEY. Mr. Chairman, will the tive parties on the floor. The CHAIRMAN. The Committee is gentleman yield? The CHAIRMAN. The time of the at the end of the bill now. The gen- Mr. LEWIS of California. I yield to gentleman from California [Mr. LEWIS] tleman may still offer an amendment the gentleman from Florida. has again expired. H5362 CONGRESSIONAL RECORD — HOUSE July 16, 1997 Mr. LEWIS of California. Mr. Chair- Mr. FOLEY. Mr. Chairman, will the derstanding right now that the only man, I ask unanimous consent to speak gentleman yield? amendment that is in order offered by for 5 additional minutes. Mr. LEWIS of California. I yield to the gentleman from Florida [Mr. The CHAIRMAN. Prior to granting the gentleman from Florida. FOLEY] at this point is an amendment the gentleman’s unanimous-consent re- Mr. FOLEY. Mr. Chairman, clearly it without what would be language on an quest for an additional 5 minutes, the is my intent to obviously make certain appropriation bill. Chair needs to make certain that it is that the language I have asked for is If he withdraws that amendment clear that the gentleman from Florida agreed to. I would trust the chairman with the assurance that that same [Mr. FOLEY], upon obtaining unani- would give me the assurances that amendment could be offered again, he mous consent to withdraw his amend- what we have discussed would become would, as I understand it, lose nothing. ment, could offer another proper part of the bill as we move forward on And yet if in the time between now and amendment and the right to offer that the floor. then, the gentleman and the gentleman amendment would be in order. Mr. STOKES. If the gentleman will from Ohio [Mr. STOKES] can work out However, the Chair must also indi- yield further, Mr. Chairman, I have no the language that I think everybody is cate to the gentleman, without any an- problem with the basic concepts. There in general agreement upon, then that ticipation that it would occur, that it are a couple of questions in my mind additional language at that point could could be legislating on an appropria- that if the gentleman wants to have us be added because there would be no tion and be subject to a point of order reduce this to writing would clarify it. controversy about it. if in fact the point of order was raised For instance, I posed the question a Mr. BACHUS. Mr. Chairman, if the and which would not be waived in ad- few moments ago relative to who would gentleman will continue to yield, I vance. conduct the investigation. I think that think this bill is going to go out of the The gentleman from California [Mr. ought to be clear, so we ought to know House presently, tonight or tomorrow. LEWIS] has requested an additional 5 who is going to conduct the investiga- I think what needs to be done is it minutes. tion. needs to be added in conference. Mr. LEWIS of California. Mr. Chair- Is there objection to the request of We ought to also have a team frame- man, the bill will be going out of the the gentleman from California? work in there so that under the condi- There was no objection. House tonight, I am quite sure. Frank- tions the gentleman has proposed we Mr. LEWIS of California. Mr. Chair- ly, I think we are receiving instruc- do not run into October, and the gen- man, I would say to my colleague, the tions here that can take us to con- tleman expects at that time because gentleman from Ohio [Mr. STOKES], I ference. In the meantime, I think we the investigation has not been com- believe we have in essence an agree- ought to make some formal requests pleted there is an automatic reduction ment between the two sides regarding regarding investigations. Mr. Chair- an outline of that which they would down to the $50 million point. I think man, let us move forward. like to have discussed with the admin- things of that sort ought to be clari- The CHAIRMAN. The amendment of istration and reviews that should go fied, and I think as honorable men, we the gentleman from Florida [Mr. forward, et cetera, between now and can work those things out. FOLEY] is still pending before the com- the time we go to conference. I would Mr. LEWIS of California. Mr. Chair- mittee. suggest that the gentleman and I are man, it is my understanding that the Does the gentleman from Florida willing to make a commitment that we gentleman from Florida [Mr. BACHUS], [Mr. FOLEY] seek time to make a unan- will carry this message forward to the the gentleman who is chairing this sub- imous-consent request? conference, and proceed as expedi- committee of oversight, has suggested Mr. OBEY. Mr. Chairman, I move to tiously and effectively as possible. that Treasury is very satisfactory to strike the requisite number of words. Mr. STOKES. Mr. Chairman, will the him. But I might suggest further, and Mr. FOLEY. Mr. Chairman, will the gentleman yield? the gentleman from Wisconsin [Mr. gentleman yield? Mr. LEWIS of California. I yield to OBEY] has made by way of background Mr. OBEY. I yield to the gentleman the gentleman from Ohio. here a very excellent suggestion for our from Florida. Mr. STOKES. Mr. Chairman, I would purposes; that is, that we could, in the Mr. FOLEY. Mr. Chairman, I ask just say, I have just consulted with interim, on perhaps a separate track, unanimous consent to temporarily both the gentlewoman from California have our S&I people evaluate this and withdraw the amendment pending ne- [Ms. WATERS] and the gentleman from in a very short time give us the infor- gotiations. If we do not conclude suc- New York [Mr. FLAKE], and they have mation we need as we go forward to cessfully in the next few moments, Mr. no objection to the gentleman and I conference. Chairman, the language that I believe working this matter out on their be- Mr. BACHUS. Mr. Chairman, will the we have agreed to, then I would resub- half. gentleman yield? mit the amendment. Mr. LEWIS of California. Mr. Chair- Mr. LEWIS of California. I yield to The CHAIRMAN. Is there objection man, I would ask the gentleman from the gentleman from Alabama. to the request of the gentleman from Florida [Mr. FOLEY], just so it is clear, Mr. BACHUS. Mr. Chairman, one Florida? what we are talking about is that the thing I want to make clear is there has There was no objection. gentleman from Ohio [Mr. STOKES] and been some reference here to criminal AMENDMENT OFFERED BY MR. HEFLEY I will be the people in the conference acts, or anyone prosecuted criminally. Mr. HEFLEY. Mr. Chairman, I offer who have listened to this debate thor- The oversight committee does not do an amendment. oughly. We understand the parameters that. This Congress does not inves- The Clerk read as follows: of the agreement between both sides. I tigate people criminally. So I certainly Amendment offered by Mr. HEFLEY: At the end of the bill, insert after the last think everybody wants to see this pro- do not want anything in this agree- section (preceding the short title) the follow- gram operate effectively. The gen- ment which says that this body in any ing new section: tleman has outlined the basics of this. way investigates people, that we have SEC. 422. The amounts otherwise provided I hear no objection. any criminal goal, because that is not by this Act are revised by reducing the ag- With that, with those parameters it. I do not want to mislead anybody gregate amount made available for ‘‘DE- that are on the record, we intend to into believing that I am undertaking PARTMENT OF HOUSING AND URBAN DE- carry the gentleman’s voice to con- any criminal investigation, or that we VELOPMENT—MANAGEMENT AND ADMINIS- TRATION—SALARIES AND EXPENSES’’, and in- ference, which is the appropriate place are going to wait for that, or that we creasing the aggregate amount made avail- for us next to deal with this, and that, are going to encourage that. That is able for ‘‘INDEPENDENT AGENCIES—ENVI- of course, is part and parcel of the gen- something else. RONMENTAL PROTECTION AGENCY—LEAKING tleman’s consideration of withdrawing Mr. OBEY. Mr. Chairman, will the UNDERGROUND STORAGE TANK PROGRAM’’, by the amendment. I am not interested in gentleman yield? $31,000,000 and $11,210,700, respectively. prejudicing the gentleman’s amend- Mr. LEWIS of California. I yield to Mr. HEFLEY (during the reading). ment per se, but I think the questions the gentleman from Wisconsin. Mr. Chairman, I ask unanimous con- raised here are important and we are Mr. OBEY. Mr. Chairman, all I was sent that the amendment be considered happy to pursue it. going to suggest is that it was my un- as read and printed in the RECORD. July 16, 1997 CONGRESSIONAL RECORD — HOUSE H5363 The CHAIRMAN. Is there objection The CHAIRMAN. The gentleman will I would like to ask for the support of to the request of the gentleman from state it. the chairman in working with the ad- Colorado? Mr. STOKES. Mr. Chairman, I make ministration in our efforts to collocate There was no objection. a point of order against the amend- the Jackson, Mississippi Veterans’ Af- Mr. STOKES. Mr. Chairman, I re- ment. fairs Regional Office and the G.V. serve a point of order against the I make a point of order against the ‘‘Sonny’’ Montgomery Medical Center. amendment. amendment because it increases an ap- With this consolidation of facilities we Mr. HEFLEY. Mr. Chairman, I rise propriation for an unauthorized pro- can provide one-stop service to our vet- today because I have LUST on my gram, thereby violating clause 2 of rule erans and also save taxpayer dollars. mind. I think the American people are XXI. Clause 2 of rule XXI states in per- Mr. LEWIS of California. Mr. Chair- concerned about LUST as well. Of tinent part: ‘‘No appropriation shall be man, will the gentleman yield? course, when I say LUST, I am talking reported in any general appropriation Mr. PICKERING. I yield to the gen- about the Leaking Underground Stor- bill, or be in order as an amendment tleman from California. age Tank trust fund, or LUST, as the thereto, for any expenditure not pre- Mr. LEWIS of California. Mr. Chair- program is called. viously authorized by law.’’ man, first I very much appreciate the As the gentleman from California Mr. Chairman, the authorization for gentleman bringing this matter to our knows, the LUST program provides this program has not been signed into attention. We are all more than aware cleanup resources for environmentally law. The amendment, therefore, vio- of the fantastic contribution his prede- hazardous leaking underground storage lates clause 2 of rule XXI. cessor, Sonny Montgomery, made not tanks that have been abandoned, or This particular rule, Mr. Chairman, just to the entire House but especially where the owner cannot afford to clean protected the paragraph in question it up. The money in the trust fund was to the veterans of America. during the reading of the bill, but that I believe that he and I can work to- incurred through a sales tax on motor point is past. This situation is iden- fuel, and most of it goes directly to the gether on this matter he has brought tical to that raised on the amendment to my attention and to ensure better States for cleanup. offered by the gentleman from Min- Recent estimates calculate there are service to our veterans throughout the nesota [Mr. VENTO]. Had he been per- Southeast, but especially to Mis- over 165,000 of these sites across the mitted to consider his amendment, I country. sissippi. would not now be making a point of Mr. PICKERING. Mr. Chairman, I b 1845 order. Since he was not allowed to, I thank the gentleman. That does not include the ones that must insist on my point of order. I would like to add that if we finalize The CHAIRMAN. Does the gentleman have yet to be discovered. These con- the collocation of these facilities, it from Colorado [Mr. HEFLEY] wish to be taminated sites are located in both will require that we finish the con- heard on the point of order? urban and rural areas, areas where our struction of the third floor of the VA groundwater comes from or mainly Mr. HEFLEY. Yes, Mr. Chairman. Mr. Chairman, I would agree that I Regional Office in Jackson. The VA es- where our children play. think it is a shame that we got through timates that it will require approxi- By increasing the funding level up to mately $1.45 million to finish the con- the President’s request, and I would that section this morning, and it sur- prised a lot of us on how quickly we struction of the third floor in this make a point of that, Mr. Chairman, building. that I am talking about increasing the went through that. There were some good amendments that were not able to Mr. Chairman, the VA is currently funding level in this environmental paying $590,221 annually to rent the program to clean up the underground be considered. So we went to the legis- lative counsel and had our amendment equivalent office space in this area. It storage tanks to the President’s re- is because they have failed to complete quest of $71.2 million, we can continue restructured. We hoped it would be taken care of and would take care of the construction of the third floor. The the progress we have made in cleaning VA projects the completion and col- up these sites. And I think every Mem- your concern about the point of order. Also in the bill on page 51, beginning location would pay for itself within ber of this body would want increased five years and provide savings over funding for contaminated environ- with line 9, it says ‘‘for necessary ex- penses to carry out leaking under- $500,000 in the years following. mental cleanup back home in their dis- By ensuring the completion of this tricts. ground storage tank cleanup activities project, we not only fulfill our pledge The money would come from a de- authorized by section 205 of the crease in the committee request for Superfund Amendments and Reauthor- to our veterans but we will better serve HUD’s management and expenses ac- ization Act of 1986.’’ What this tells me the taxpayers by being good stewards count. When the House voted over- is that this is authorized and, as such, of their money. Mr. Chairman, I believe whelmingly to pass H.R. 2, the Housing the point of order should not be grant- this project just makes good business Opportunity Act, it was under the ed. sense. guise of a smaller HUD bureaucracy, The CHAIRMAN. The Chair is pre- Mr. LEWIS of California. Mr. Chair- yet we have increased HUD’s M&A ac- pared to rule. man, one more time, if the gentleman count by $31 million in this bill. I real- Under the precedent of July 12, 1995 will continue to yield, we very much ize sometimes there are costs involved cited on page 142 of House Practice, as appreciate the gentleman’s leadership with downsizing and devolution, but I followed and enunciated a few mo- in this area. I certainly will join with think most of us would agree that only ments ago with respect to the amend- the gentleman from Mississippi in in Washington does it cost more to get ment offered by the gentleman from working with the administration on less. Minnesota [Mr. VENTO], the Chair sus- this important project. Finally, Mr. Chairman, this amend- tains the point of order under clause Mr. PICKERING. Mr. Chairman, I ment gives us the opportunity to do 2(a) of rule XXI. The gentleman from thank the gentleman. It is my under- two things we have promised the Amer- Colorado has not cited a current au- standing that since this project is ican people. First it takes money and thorization. under $4 million, the administration power out of Washington by giving it Mr. PICKERING. Mr. Chairman, I can move forward on its own. I ask the to the States and, second, it provides move to strike the last word. gentleman to encourage the VA to do more money for direct environmental After this discussion and debate, it is so and for his continued oversight and clean up rather than further burden- good to rise to enter into a colloquy support to complete this project. some regulation. that concerns an issue of great impor- Finally, part of this facility, as I I urge my colleagues who voted for tance to the veterans in my State but mentioned earlier, is named in honor of housing reform and consider them- that also honors my predecessor, my most distinguished predecessor, selves to be environmentally conscious Sonny Montgomery and I hope this will G.V. ‘‘Sonny’’ Montgomery. He has to support this Hefley amendment. lead to some work that will complete been known as ‘‘Mr. Veteran’’ through- POINT OF ORDER an effort that he began. That is the out his career, and the completion of Mr. STOKES. Mr. Chairman, I rise to Sonny Montgomery VA Medical Center this work, the completion of this facil- a point of order. in Jackson, Mississippi. ity will provide for the welfare of the H5364 CONGRESSIONAL RECORD — HOUSE July 16, 1997 veterans that he so loved and will also All of this I frankly believe is pos- I have had differences, I think Mem- allow us to honor his example and his sible in no small part because the gen- bers can see that those differences have legacy. tleman from Ohio [Mr. STOKES] and I been one of degree and that where we Once again, I thank the distinguished have been able to move forward, not disagree, we have done so without chairman and appreciate his time and necessarily agreeing 100 percent on being disagreeable. But this is a good support. every issue or every dollar available, bill, when we talk about a bill that is Mr. LEWIS of California. Mr. Chair- but recognizing that the final solutions aimed toward improving the conditions man, I move to strike the last word. are for the benefit of the American peo- of life of veterans and for persons liv- Mr. Chairman, I just wanted the ple and we both have that commitment ing in public housing, for persons who House to know that my striking the in mind. are dependent upon our great sciences last word was not an indication that I So I wanted to close my remarks and through NASA and through the Na- had any additional amendments. To comments regarding this bill by ex- tional Science Foundation, Consumer my knowledge there are no more pressing one more time my deep appre- Safety Protection, some 22 agencies of amendments on this measure. ciation to the gentleman from Ohio the Federal Government that receive But I did want to take a few mo- [Mr. STOKES], to his entire committee, their funding through this particular ments, while some of our other col- Members from his side of the aisle on bill. leagues are working out some details, the committee, but also their very fine b 1900 to review where we have been during staff who have been more than respon- most of today, a short part of yester- sive to our efforts. It has been a non- This is an important bill and one day. I must say that in my experience partisan effort on behalf of all of us, that I hope the whole House will to- in the Congress, I have never quite ex- and I want the House to know that we night vote upon and give us a good vote perienced before a process like the one all owe a debt to my colleague the gen- to go to conference in. I have been through with my colleague In conclusion, I would just once tleman from Ohio [Mr. STOKES]. the gentleman from Ohio [Mr. STOKES] Mr. STOKES. Mr. Chairman, I move again say to my good friend from Cali- this year. to strike the last word. fornia [Mr. LEWIS] what a pleasure it is As we indicated in both of our open- Mr. Chairman, let me take just a mo- to work with him on these matters. ing remarks, we deal with a very com- ment, as my distinguished chairman And I also want to express my own plex and very difficult bill. It is an has taken, to sort of summarize where appreciation to the minority staff. item that has more discretionary we are after having begun this bill They have done an excellent job in spending than any pool of money some time early afternoon yesterday. I helping those of us on the minority around the Congress, outside of that think anyone who has watched these side of the committee to be able to per- money that is available within the proceedings since we began this bill form our functions. Subcommittee on National Security. yesterday will recognize what both the Mr. LEWIS of California. Mr. Chair- We are talking about in the neighbor- man, I ask unanimous consent to gentleman from California [Mr. LEWIS] hood of $70-plus billion. and I have said, and that is that this is strike the last word. We are dealing with major problems The CHAIRMAN. Without objection, a tough bill. It is a very difficult bill. and programs that relate to veterans’ the gentleman from California is recog- I think they also will be able to see medical care, as we have discussed ex- nized for 5 minutes. tensively. We have all of the housing why the gentleman from California There was no objection. programs that affect the elderly and [Mr. LEWIS] and I felt it so important Mr. LEWIS of California. Mr. Chair- the disabled, the poorest of the poor in to work together on a bipartisan basis man, I would ask the gentleman from our country. And we are doing what we to bring this bill to the floor and be Florida [Mr. FOLEY] to come up here, can to see that the monies available able to try and get through all the de- because we are ready to close this are handled in a way that they are bate on the floor and bring it to a final down, and the gentlewoman from Cali- most responsive to those individual conclusion. fornia [Ms. WATERS] may want to lis- citizens in the communities where they One of the things that has made our ten as well. live and where they work. job a little easier is the fact that the Mr. VENTO. Mr. Chairman, will the Beyond that, of course there are gentleman from California [Mr. LEWIS] gentleman yield? some magnificent things that are a and I not only have a very personal re- Mr. LEWIS of California. I yield to part of our committee’s work, that are lationship as colleagues in this body the gentleman from Minnesota if he is demonstrating the success of America but we are personal friends. It is a rela- going to say some nice things about at this moment. Those Americans who tionship that we both enjoy, and the the gentleman from Ohio. have been watching our mission to fact that we have utilized that friend- Mr. VENTO. Mr. Chairman, I appre- Mars are one more time not just ex- ship and that respect for one another ciate the gentleman’s yielding to me, cited but absolutely overwhelmed with as colleagues to work together to bring and I was going to say some nice things the capability of our leadership and this very important bill to the floor is about the gentleman from Ohio [Mr. NASA and their work in developing the culmination of several months of STOKES] and about the gentleman from that foundation that allows man’s very difficult work to produce the bill. California [Mr. LEWIS] and their work reach into space. It could not have been done without on this. I am fascinated to look further at the the cooperation of the gentleman from We have had during the day here science that is coming out of many of California [Mr. LEWIS] and the very some disagreements on some of the those programs. Few people take the fine staff that he has on the majority housing issues and so forth, but it real- time to really focus upon some of the side, and through the cooperation we ly is helpful, given the parameters in results that take place, but time and have received from both the gentleman terms of the housing and the other pro- time again in our missions to space, from California [Mr. LEWIS] and from grams on the environment that we within space station, what we have his staff, we have been able to bring have moved forward on this bill. learned by our space shuttle efforts, this bill to the floor. Obviously, one of the issues here that certainly what we are learning on The President has indicated, as we is outstanding is the CDFI issue. And I Mars, we are making phenomenal brought this bill to the floor, that he am wondering, because the language is breakthroughs that affect not just felt this was a good bill and that it was difficult, what the effect would be on science and technology in an esoteric one that he would be able to sign. I the chairman and the ranking member way, but in a dramatic way impact our think the President hopes that in con- if, for instance, the principals involved ability to affect the health of our peo- ference we will be able to improve here were to come with correspondence ple, the improvement of our ability to some of the areas of the bill, and we to the chairman, given the cir- deliver effective medicine and pro- hope that as a result of the conference cumstances. grams of medical health to our citi- we will be able to bring back to the Because I think what the purpose zens. Truly, within this mix that is this House an even better bill. here of this language is is to try to add complex bill, some great things are In those areas where we, the gen- guidance to the subcommittee chair- happening. tleman from California [Mr. LEWIS] and man and to the ranking member as to July 16, 1997 CONGRESSIONAL RECORD — HOUSE H5365 the conditions for the Community De- investigate, what sanctions may be itol complex, having not been able to velopment Financial Institution issue meted out. We cannot get people to get there today. that has been raised. agree. The White House is not in the The point I want to make is this. I Mr. FOLEY. Mr. Chairman, will the room so we cannot negotiate for them. have been persuaded that disciplinary gentleman yield? So, quite simply, I am trying to pro- action might well be appropriate. What Mr. LEWIS of California. I yield to tect what I believe is my right on an I worry about is, given constitutional the gentleman from Florida. amendment to say $50 million is as doctrines that apply, if we get too ex- Mr. FOLEY. Mr. Chairman, we are much as I am willing to go at this time plicit in legislation directing the ad- lacking an agreement at this moment. until we clear up these issues. Now, ministration to take either law en- The other side has felt, and I probably again, if I could get the assurances and forcement or administrative discipli- would tend to concur, that we cannot we can add this amendment as I draft- nary action, the potential disciplinee arrive at sufficient language at this ed and as is in the record. could claim legislative interference. time. So I would be prepared to recall Mr. LEWIS of California. Reclaiming I think it is very clear many of us my amendment at the desk, the origi- my time, Mr. Chairman, my concern is will urge that appropriate disciplinary nal amendment, and have an up or that the gentleman can press his action should be taken. But if we start down vote on it. amendment, however, it may or may mandating that in legislation, we start Mr. VENTO. Mr. Chairman, will the not pass. Nonetheless, it does not do doing the potential victim a favor, be- gentleman yield? the job of getting this question to the cause we will start seeing due process Mr. LEWIS of California. I yield to conference in the way that I think the arguments about inappropriate inter- the gentleman from Minnesota. gentleman wants to get it there. vention. Mr. VENTO. Mr. Chairman, we have I believe there is agreement on both So that is another reason I think for spent so much time going through this sides of the aisle that, if the gentleman going at this in the way that would be that, in other words, to keep the option will work out a letter together or sepa- suggested, I hope, by the chairman. open on the dollars available. I agree rately, that between the gentleman Mr. LEWIS of California. Reclaiming generally with the gentleman that is from Ohio [Mr. STOKES] and myself we my time, Mr. Chairman, the gentleman the impetus of this, but I think there is will in good faith take this matter for- has made a very important point, and concern about the crafting of it and ward to the conference. I think that is we will take that into consideration as putting it into language that would po- a very important step, but I would not well. tentially be statute. lose it lightly. I would be interested in the com- If I could keep the attention of the So I am suggesting to the gentleman ments of the gentleman from Florida gentleman from Florida [Mr. FOLEY] that maybe there is a better way in regarding my suggestion that direction for a moment. If we could come up with terms of really making the point I am to the conferees is very important by correspondence that would in fact take trying to make here instead of pressing the chairman and myself, and I am not the sentiment and the impetus of what the gentleman’s vote. sure the gentleman wants to lose that. the gentleman from Florida has put Ms. WATERS. Mr. Chairman, will the Mr. FOLEY. Mr. Chairman, will the forward and cosponsor or sign that as gentleman yield? gentleman yield? correspondence to the appropriation Mr. LEWIS of California. I yield to Mr. LEWIS of California. I yield to leadership in our body, that would, I the gentlewoman from California. the gentleman from Florida. think, serve the purpose. Ms. WATERS. Mr. Chairman, I thank Mr. FOLEY. I am compelled, Mr. I understand it is not the type of vic- the gentleman for yielding to me. I ap- Chairman, to take the chairman at his tory of getting something into legisla- preciate the gentleman’s offer to with- word. I believe the chairman is looking tion, but it has the impetus and, more draw. We are stuck on whether or not out for the best interests of what I am importantly, I think is the accomplish- we are going to have specificity in lan- attempting to do. ment the gentleman from Florida has guage or whether or not we are all gen- I have heard from the gentleman wanted in terms of gaining the type of erally agreed and we trust our leaders from Ohio, who I respect as well, who understanding and concern from Mem- to do the work. has given assurances that we will deal bers like myself and others tonight We really do trust not only our rank- with this issue in conference; that we with regard to that. ing member but we trust the chairman. will seek an appropriate investigation; Without the dollars we are not really If it is one thing that I have heard here that we will get answers to these ques- in a position to, in fact, live up to what this evening, it is that two Members, tions; that we will devise a scoring sys- had been the budget deal that not one Republican, one Democrat, one tem for this agency that will result in many of us were involved, but it keeps ranking member, one chairman, talk the appropriate granting of aid to these that alive and would accomplish the about their relationship, how well they well deserved groups. goal the gentleman wants. Perhaps not have been able to work together, how And given the assurances of both in the same framework, but it would well they have been able to resolve dif- chairmen, and what I believe to be the accomplish what he has brought forth ferences. We place full trust and con- agreement of the gentlewoman from tonight. fidence in our ranking member and California [Ms. WATERS] and others Mr. LEWIS of California. Reclaiming then, across the aisle, this chairman who have been party to this long dis- my time, Mr. Chairman, I would ask that has demonstrated on more than cussion regarding this agency, I would the gentleman from Florida [Mr. one occasion not only his willingness withdraw my amendment; I would FOLEY] if he wishes to respond. to work out problems but certainly his agree to the terms specified by the Mr. FOLEY. Mr. Chairman, will the expertise and his leadership in doing it. chairman; and I would hope that this gentleman yield? So I would ask both sides of the aisle effort to move the bill will result in the Mr. LEWIS of California. I yield to to join with us and place our trust with things that I, the gentleman from Ala- the gentleman from Florida. these two Members to go to conference bama [Mr. BACHUS] and others feel Mr. FOLEY. Mr. Chairman, we start- with general direction to resolve this most appropriate. ed out with something very simple. We in the best interests of the people that We do not back down lightly, because were willing to allocate another $50 we all want to serve and the bene- I feel there have been significant viola- million for the appropriation for this ficiaries. tions; that we have failed to identify program. We have significant concerns. Mr. FRANK of Massachusetts. Mr. appropriately funds that have gone to We laid out what I thought was very Chairman, will the gentleman yield? agencies without documentation; and I simple language: investigation, enu- Mr. LEWIS of California. I yield to would suggest that Treasury would be merating guidelines for the agency. I the gentleman from Massachusetts. very interested in pursuing these did not think anything was so com- Mr. FRANK of Massachusetts. Mr. charges. I believe they are. I do not be- plicated that we could not agree and Chairman, I confess I am eager to get lieve anybody is trying to stonewall insert it in the bill as language. this resolved so that the chairman of this investigation. I have been told, no, we do not know the committee and I and a few others Mr. STOKES. Mr. Chairman, will the who is going to investigate, who should may retire to another part of the Cap- gentleman yield? H5366 CONGRESSIONAL RECORD — HOUSE July 16, 1997 Mr. LEWIS of California. I yield to veteran populations. The committee report lan- mates that 120 cleanups around the country the gentleman from Ohio. guage does not allow for the allocation system will be delayed indefinitely. The President had Mr. STOKES. Mr. Chairman, I just to go forward, and thereby prevents health proposed initiating cleanup at 200 sites in fis- want to take a moment to commend care dollars from being distributed fairly and cal year 1998, and to complete the cleanup of the gentleman from Florida [Mr. evenly. 500 sites by the year 2000. Unfortunately, the FOLEY] for the manner in which he has Essentially, over the last two decades there committee's failure to fully fund the President's pursued the arguments related to his has been a major shift in veteran populations budget request will mean that work will begin amendment here this afternoon and with more and more veterans settling in the at only 80 sites next year, even though the throughout the entire debate. South and West. El Paso, in the 16th District other sites are ready to be remediated. I think it has been evident to all of of Texas which I represent, is part of the One of the sites on the President's priority us that what he is attempting to do is southwest network, Veteran Integrated Service list for cleanup is the Industrial Latex Corp. to bring the kind of quality to the pro- Network 18 which includes Arizona, New Mex- site in Wallington, NJ. This site, which is high- gram and the kind of credibility to the ico, and west Texas. El Paso has over 70,000 ly contaminated with PCB's and other hazard- program that would enable us to have military retirees alone, and is comprised of up ous materials, is located in a densely popu- full faith and confidence that the pro- to 56,000 veterans at any one time. Moreover, lated residential area in my district. Local chil- gram is being run as it was deemed to Texas as a whole, has the second largest vet- dren have used the site as an ill-advised play- be run when Congress enacted it. I eran population in the country. The El Paso ground, and numerous fires have occurred think all of us join with him in want- and Texas Veteran populations clearly reflect over the years at the site. The first phase of ing to see any type of wrongdoing the substantial shift of veteran populations in the project, demolishing the buildings and re- eradicated and this program put once this country to the Southwest. moving buried drums and vats, was competed again back on the type of track it VERA provides the mechanism for the Vet- in November 1995. And the design for the should be. erans Health Care Administration to look at second phase of the cleanup, treatment of the I want to give the gentleman my full these changes in the demographics of veteran contaminated soil, is also complete. assurance that I will work with the populations and determine where resources The contract for final cleanup of this site is ready to go out to bid. However, if we fail to gentleman from California [Mr. LEWIS] should be allocated. As veterans move across fulfill the budget agreement's requirement to in every respect to carry out the gen- our country, so should resources to support provide additional funds for Superfund clean- tleman’s wishes and desires with ref- the health care needs of veterans. Without up, the residents in Wallington, and in hun- erence to settlement of this matter in these additional resources to address greater dreds of other communities across the coun- accordance with the gentleman’s un- needs, our facilities are strained, and acces- derstanding with the gentlewoman try, will continue to be threatened. sibility and quality of care goes down. I strongly urge all of my colleagues to work from California, the gentleman from Resources for health care must move as to include this increased funding when the bill New York and the other members of our veterans move. Unless this committee lan- goes to conference committee. It is critical that the Committee on Banking and Finan- guage is removed, vital veteran health care re- we help the millions of Americans living near cial Services, and I will do everything sources will not flow and track this movement these hazardous sites to improve their quality I can to see that we have settled this in veteran populations. This will result in over- of life and improve their surrounding environ- matter in a way that the gentleman capacity and underuse in some areas, while ment. These sites need to be cleaned up as will be comfortable with. desperately needed services for veterans like quickly as possible to remove the serious Mr. LEWIS of California. Mr. Chair- those living in my district will be strained. health risks facing these residents. man, I thank the gentleman from Ohio This is not a matter of politics or partisan- Mr. BEREUTER. Mr. Chairman, this Mem- and the gentleman from Florida. I ap- ship, but rather a matter of equity and fair- ber rises today to express the reasons for op- preciate the efforts that he has put ness. Veterans where ever they are found, are position to the amendment that was to be of- forth here, and I want to say to the entitled to the healthcare that our country fered by the gentleman from Washington [Mr. body in my closing comments that ear- promised our men and women who sacrificed NETHERCUTT]Ðto disregard report language in- lier in the day today we found our- on behalf of our country. In addition, we must cluded in the fiscal year 1998 VA±HUD appro- selves moving very, very expeditiously recognize the real and significant shifts in our priations bill pertaining to the veterans equi- through this bill. In fact, everybody Nation's populations. Unless resources are table resource allocation [VERA] system. was astonished, especially the chair- distributed to reflect this reality, insufficient re- Because this Member had filed an amend- man. sources will be dedicated where needed, and ment to block implementation of the VERA Having said that, we have taken a we will fail in our obligation to our Nation's vet- system in fiscal year 1998, in this House good deal of time on a matter that all erans. chamber, negotiations this afternoon involving of us now understand to be very, very As a veteran, and a member of the Veter- this Member resulted in an agreement regard- important to the development and the ans' Committee, I urge your support for this ing a revision to the subcommittee's VERA re- success of a very important program. change in committee language. Let us do port language which I had supported. While Because of that, the time used was ex- what is right for all veterans, and allow the eq- the agreement will still require the timely com- tremely valuable, I believe, and I ap- uitable allocation of these limited resources to pletion of a General Accounting Office [GAO] preciate the cooperation on both sides take place. report to study the impact of VERA on the in- of the aisle. Mr. ROTHMAN. Mr. Chairman, today I rise dividual veterans integrated service networks It is clear that this too is an issue to express my concerns that the Appropria- [VISN's], the political reality of a vote count that does not have a partisan concern tions Committee failed to grant the President's permits the House conferees on this appro- but, rather, bipartisan interest on be- request for increased funding for Superfund priations measure to remove that portion of half of those people who would be re- cleanup in the VA/HUD independent agencies the committee report language funding all cipients of this program. appropriations bill. The proposed increase of VISN's at fiscal year 1996 levels while the The CHAIRMAN. If there are no fur- $650 million was agreed to as part of the bal- GAO study is being done. It is vitally important ther amendments, the Clerk will read anced budget resolution. It would enable com- that this GAO report be completed in a timely the final three lines of the bill. munities across our country to expedite the manner in order to give the executive branch The Clerk read as follows: cleanup of hundreds of hazardous waste sites, and Congress time to react to the GAO report This Act may be cited as the ‘‘Depart- which are threatening the health of our resi- findings before the fiscal year 1999 budget ments of Veterans Affairs and Housing and dents. preparation season in order to ensure that all Urban Development, and Independent Agen- In my district alone, there are 9 Superfund veterans receive the best health care possible. cies Appropriations Act, 1998’’. sites and roughly 1,000 known contaminated This Member has publicly expressed his Mr. REYES. Mr. Chairman, I rise in opposi- sites. A suburban area as densely populated concerns about the negative impact that the tion to the committee report accompanying the as northern New Jersey cannot handle any new VERA system will have on Nebraska and VA±HUD appropriation bill because it contains further delays in cleanup. While we are al- other sparsely populated areas of the country. report language that would delay the contin- ready doing all we can to live with, and clean In fact, this Member conveyed these concerns ued implementation of VERA, the veterans eq- up, the contamination in our region, we cannot to the House VA±HUD Appropriations Sub- uitable resource allocation system. VERA pro- afford to delay cleanup any longer. committee earlier this year during testimony vides for veterans health care to be allocated As a result of the committee's failure to ap- on the VA±HUD and independent agencies according to locations and concentrations of propriate this additional funding, the EPA esti- appropriations bill. July 16, 1997 CONGRESSIONAL RECORD — HOUSE H5367 Mr. Chairman, the VERA plan would provide veterans are migrating must treat more pa- the lack of affordable housing. And now, with medical care funding to regions across the tients with the same level of funding. the impact of welfare reform starting to be felt, country, by employing an allocation formula Veterans in my congressional district are it is more than evident that we must marshal that ties funding for each of the 22 geographic served by the South Texas Veterans Health the necessary resources to keep American regions to the number of veterans they actu- Care Network. The network serves one of the citizens off the streets. ally serve. Such a new system, under the highest percentages of service-connected vet- I support this motion to recommit and urge VERA formula, would eventually result in at erans, the highest number of low-income non- its adoption. least a 4-percent decrease in funds for the re- service connected veterans, the largest Mr. GUTIERREZ. Mr. Chairman, I want to gion that includes this Member's State of Ne- women veterans population, and a very large express my disappointment that the Sub- braska, with other reductions perhaps forth- group of winter Texans. The old formula of committee on VA, HUD, and Independent coming in the longer term. funding health care facilities at historical levels Agencies failed to include funding for the Low Mr. Chairman, colleagues, here is the im- plus medical inflation does not account for all Income Housing Preservation and Resident portant point for my region: The VA must pro- of these veterans. Homeownership Act [LIHPRHA] in its fiscal vide adequate facilities for all veterans The old system makes no provision for Win- year 1998 appropriations bill. throughout the country regardless of whether ter Texans who seek care at local facilities. Although Chairman Lewis and others have they live in sparsely populated areas with re- These facilities must do the work without ap- raised concerns about the LIHPRHA program, sultant low usage numbers for VA hospitals or propriate funding, straining the resources many of these concerns are based on a draft in large urban areas. A national infrastructure available to all veterans. GAO report which has yet to be released. I do of facilities and medical personnel is needed VERA makes sure that the dollars are avail- not believe it is wise or fair to eliminate fund- to serve our veterans wherever they live. This able to provide veterans in South Texas and ing based upon a report that has not been re- Member finds the prospect of a decrease in other portions of the country the health care viewed by either advocates or critics of the quality and accessibility of medical care for services they need and deserve. All veterans program. I also believe that before voting to veterans in sparsely populated areas to be must be treated equally regardless where they eliminate a program, this House should have completely unacceptable. Veterans in Ne- live in the country. the opportunity to adopt reforms that respond braska and Iowa also deserve to have ade- It is imperative that the VA be allowed to im- to the concerns raised. Certainly, before any quate medical services; they must not be ne- plement the VERA. We must shift the health significant changes or cutbacks are made to glected or treated inequitably just because care dollars to the facilities that are serving the program, we should consider the benefit they live in a relatively sparsely settled region. these priority veterans. We must allow the LIHPRHA has provided to thousands of low-in- Mr. Chairman, again, this Member ex- health care dollars to follow the veteran. come Americans. presses his objections to the Nethercutt Mr. VENTO. Mr. Chairman, for many years This program has proven very beneficial to amendment as originally proposed and reluc- prior to enactment 1987, I worked to create many families in the congressional district I tant agreement to the change in the sub- new Federal programs to provide assistance represent. In Chicago, transfers of privately committee report language on VERA, but only to homeless people in shelters and living on owned HUD-assisted housing from tax driven out of political realism. our Nation's streets. It is the 10-year anniver- limited partnerships to resident or community- Mr. SMITH of Michigan. Mr. Chairman, I will sary of the enactment of the McKinney Act. I based ownership provides significant benefits vote for passage of this bill with reluctance. was and am proud of the achievement in to residents and communities. Northwest Tow- Congress should not continue to add more 1987, but I am deeply troubled that we are still ers Apartments, in my district, is such an ex- funds to appropriations bills that exceed what here in 1997 seeking to alleviate the problems ample. In 1996, the Northwest Towners Resi- the administration suggests is needed. This of homelessness with still growing needs. dents' Association purchased their building uti- appropriations bill provides $666 million more HUD's McKinney Homeless Assistance Pro- lizing a capital grant under the fiscal year than the administration requested in their gram plays a vital role in enabling commu- 1996 appropriations bill. This property is lo- budget. nities to develop long-term, effective solutions cated adjacent to the Chicago loop in a rapidly The bill provides $25.1 billion for the Depart- to homelessness. appreciating area. The purchase of this prop- ment of Housing and Urban Development, During the last 3 years, HUD has initiated erty by the resident council has preserved af- $8.8 billion more than fiscal year 1997 and an array of new policies to address the critical fordable housing for low-income residents in a $550 million more than the president re- problem of homelessness in the United States. highly desirable neighborhood. In Illinois, six quested. The main points are a coordinated community- other properties have been transferred to resi- The bill represents no solution to the ``sec- based process of identifying needs and build- dent council ownership under LIHPRHA with tion 8'' funding that will be a huge financial ing a system to address those needs, and in- similar success. challenge in the next several years. creased funding to give communities the re- In addition, the resident purchase has con- One other area that could well assist the sources needed to build the comprehensive tributed to the well-being of the community. conference committee to reduce appropria- system. Through their notices of funding avail- For example, the Residents' Association has tions to last year's levels are the substantial ability [NOFA's], HUD has begun the process established a Neighborhood Networks Com- reserves now being held as ``contract re- we are legislatively working on as a block puter Learning Center. The Learning Center is serves'' for section 8 tenant-based contracts. grantÐto coordinate the community system. assisting residents who currently are receiving The accounting firm Price Waterhouse has au- However, without solid funding, as the motion welfare benefits to make the transition to the dited the reserve numbers. Their preliminary to recommit would help provideÐthe systems workplace. estimate of the net excess section 8 budget will not be as strong, nor will they be able to I believe it is important to point out the con- authority minus HUD's proposed uses is $7.2 serve the actual need. tributions made by resident and community- billion. GAO estimates the ``reserves'' could be The problem of renewing funding for past based owners to the social needs of residents much higher. We need better information from grants, one that presented itself in the current and the community. The LIHPRHA program HUD. Congress should not continue to accept round of funding, has proven to be difficult be- has been instrumental in promoting such op- sloppy management in our Government de- cause of the tremendous need just to keep portunities. I will urge my Senate colleagues to partments. funding current commitments in our commu- support this program and would like to work to Mr. RODRIGUEZ. Mr. Chairman, I rise in nities. ensure the future success of LIHPRHA. opposition to language in the committee report The motion to recommit would add an addi- Mr. EVANS. Mr. Chairman, I rise in support accompanying the VA±HUD appropriation bill tional millionÐ * ** of H.R. 2158, the VA±HUD-Independent Agen- that would effectively stop the Veterans Health We continue to see increased demand. In cies Appropriations for fiscal year 1998. Al- Care Administration from implementing the its annual survey, the U.S. Conference of though I am concerned about some provisions Veterans Equitable Resource Allocation Sys- Mayors found that 20 percent of all requests in this measure, the Appropriations Committee tem or VERA. for emergency shelter went unmet because of has generally been supportive of many of VA's VERA is a budgeting change that would a lack of resources. Emergency shelter re- programs. allow VA health care dollars to follow the vet- quests increased in the 29-city survey by an My primary concern relates to the provision eran, wherever the veteran moves within the average of 5 percent, with the requests for as- in H.R. 2158 which specifies a freeze on ap- country. Veterans, like the general population, sistance from homeless families increasing by propriated dollars for VA health care. As years move, and our limited health care dollars 7 percent. On average, people remain home- pass, inflation will erode the value of this fund- should move with them. Under the old system, less for 6 months in the survey cities. The No. ing. Proponents of this appropriation claim that VA hospitals in areas of the country to which 1 reason, among many reasons to be sure, is the new scheme allowing VA medical centers H5368 CONGRESSIONAL RECORD — HOUSE July 16, 1997 to keep veterans' copayments and third-party achievements in this area have benefited not glect, essentially reinventing the Superfund collections will replace appropriated funds. In only America's veterans but all of America's Program, andÐmost importantlyÐcleaning up its report, however, the Appropriations Com- citizens, and VA researchers have more than more Superfund sites in 4 years that were mittee notes that the accuracy of each year's earned the support included in this appropria- cleaned up in the previous 12. Despite these estimated third-party collection is unknown. tion. I particularly want to note the committee's facts, Republicans still criticize EPA's speed in How, then, can we ensure that resources will instruction that funding for research into Par- cleaning up toxic waste sites. be available to provide medical care to those kinson's disease be increased. Many excellent Isn't it ironic that with all that criticism about veterans who need it? opportunities for joint research are available the speed of Superfund cleanups, we now Nonetheless, the committee notes that there which would enable the VA to expand its re- face an EPA appropriations bill that cuts $650 are now tremendous incentives for VA medical search into this debilitating disease which af- million from the Superfund budget request. centers to increase their collections and that fects so many of our aging citizens. That's $650 million agreed to in the bipartisan additional funding for health care services is I want to express my support for the com- budget agreement, $650 million allocated to possible if medical centers reduce the admin- mittee's comments urging the VA to continue EPA's Appropriations Subcommittee to expe- istrative costs of collections. I strongly support developing a medical research service minor- dite Superfund cleanups, and $650 million that this view as well as the Appropriations Com- ity recruitment initiative in collaboration with will be spent instead on special interest mittee's direction to VA to develop allocation minority health professional institutions. This projects. policies that will increase collection incentives. important initiative should be a top priority in EPA would have started cleaning up 200 Additionally, I appreciate the committee's com- the Veterans Health Administration. Addition- Superfund sites next year with that $650 mil- mitment to review the subject of collections ally, VA should certainly comply with the com- lion. Under this bill that number will be cut by and incentives yearly. mittee's recommendation that Ph.D. research more than half. Southern California alone The committee report points out that VA will scientists be exempt from potential reductions would have seen EPA cleaning up toxic waste be challenged by the necessity to treat more in the number of GS 14±15 positions in the re- sites in Riverside, San Bernardino, Fullerton, patients at the same time employment levels search program. The loss of these talented Baldwin Park, Monterey Park, and Santa Fe decrease. Although the Veterans Health Ad- middle managers is adversely affecting VA re- Springs. Instead, this bill will force EPA to play ministration has made tremendous progress in search and must be stopped. Russian Roulette, picking some sites for clean its efforts to transition from an acute-care, In addition to health-care initiatives, there up and letting the rest wait another year. hospital-based system to one focused on care are several benefit-related provisions in H.R. Mr. Chairman, 68 million Americans live in an outpatient setting, the committee appro- 2158 which deserve support. For example, the within 4 miles of a toxic waste site. For the priately notes that these efforts must continue appropriation includes funding for loans to sake of those 68 million Americans, I ask your if veterans are to receive the quality service nonprofit organizations to assist them in leas- support for the Pallone amendment. Mr. BISHOP. Mr. Chairman, I rise today in they have earned. ing housing units exclusively for use as transi- support of the fiscal year 1998 VA±HUD and Also of importance is the committee's ex- tional housing for veterans following treatment Independent Agencies Appropriations Act. I pressed concern about the Veterans' Health of substance abuse. The measure also in- want to commend the committee for working Administration's Veterans Equitable Resource cludes additional funds for retention of VA in a bipartisan fashion to craft a good bill with Allocation [VERA] system. The committee ap- staff to improve the timeliness of processing many beneficial attributes. As a member of the propriately notes that this system could ad- veterans claims and for higher than antici- Veterans Affairs Committee and an ardent versely affect the quality and accessibility of pated contracting costs of the year 2000 com- supporter of veterans, I want to speak to this care being provided to veterans in North- puter problem. Finally, I compliment the com- section of the bill. I am pleased that the over- eastern States and requests the General Ac- mittee on its continuing efforts to ensure that all bill provides for an increase in funding for counting Office [GAO] to, within the next 4 VA defers further efforts on the Veterans Serv- veterans programs. Specifically, the bill appro- months, study and report on the effects of the ices Network [VETSNET] program until the priates $40.359,576 billion for the Department VERA implementation. I additionally strongly year 2000 computer problem has been solved. of Veterans Affairs. This is $273 million more support the committee's direction to the VA to Because the effects of a VA failure to make than the fiscal year 1997 level and over $143 fund all Veterans Integrated Service Networks the required year 2000 corrections would have million over the fiscal year 1998 budget re- [VISN's] at least at the fiscal year 1996 level. a catastrophic effort on our Nation's veterans, quest. Although the VERA system may have a great this challenge must be met even if other im- Over 26 million veterans and their families deal of merit, the potential negative effect of portant modernization projects must be de- receive benefits from the Department of Veter- this system on certain veterans demands that layed. ans Affairs. This increase in appropriations will the system be implemented only after very I thank the chairman of the full Committee assist them in their efforts to improve their careful study. on Appropriations, BOB LIVINGSTON, and the lives. When our veterans answered the call in Integration of VA medical centers is another ranking democrat on the committee, DAVID faithful service, the Nation promised to write issue that demands very careful consideration. OBEY, for their support for America's veterans. them a check for certain lifetime benefits. It is I have urged VA to pursue consolidation of The chairman and ranking democrat of the the solemn duty of Congress to make sure services at the Lakeside and West Side medi- subcommittee on VA, HUD and Independent this check does not come back marked ``insuf- cal centers in Chicago with caution, and the Agencies have also earned the sincere thanks ficient funds.'' Appropriations Committee expresses similar of the veteran community. I know you were In tough budgetary times, I want to com- concern regarding plans for the integration of dealing with a very difficult budget situation, mend the committee for its efforts to provide the VA medical centers at Tuskegee and and your hard work on behalf of veterans our veterans with necessary benefits to sus- Montgomery, AL. I support the committee's di- must be recognized. tain a better quality of life. I share the fervor rection that VA not proceed with this integra- Mr. WAXMAN. Mr. Chairman, I ask your of Congress in balancing the budget, but not tion until Congress and GAO have had an op- support for the Pallone amendment to the VA- one that fails to adequately provide for our portunity to review a detailed plan of the inte- HUD-Independent Agencies appropriations bill. veterans. We cannot attack the services we gration which the VA must submit. The amendment would send $650 million to owe to our veterans. They made the supreme In its report, the committee mentions an in- EPA to expedite the cleanup of toxic waste sacrifice for our Nation, and we should repay novative proposal underway in Detroit, MI, to sites. them and their families in kind with adequate establish a VA partnership with a private, not- Mr. Chairman, just last February, the Gov- benefits, services, and a due continuum of for-profit, highly integrated health care system ernment Reform Committee held a hearing on care. which will assist VHA's development of a so- the Superfund Program, the Federal program I am pleased the bill provides phisticated, medical information infrastructure. to clean up toxic waste sites. My Republican $19,932,997,000 for the veterans benefits. The development of this system is critical to colleagues claimed the hearing would show it This represents a $333 million increase over the reorganization of VHA's health care deliv- takes more time to clean up Superfund sites fiscal year 1997 for the Veterans Benefits Ad- ery system, and I commend the committee for now than it did under previous administrations. ministration. This will provide our veterans with its support of this effort. But that's not what we learned during the much needed compensation and pension ben- VA's medical and prosthetic research pro- hearing. We discovered instead that the efits, education and training benefits, and criti- gram has long been one of the most highly re- Superfund Program suffered from neglect and cal housing assistance. spected in the country, and I am pleased that hostility in its early years under a Republican While I applaud the efforts to provide in- H.R. 2158 provides the funding necessary to administration. We discovered that the Clinton creased funding levels for the Veteran's Bene- continue this important research. VA's administration has overcome this legacy of ne- fits Administration, I have some concerns July 16, 1997 CONGRESSIONAL RECORD — HOUSE H5369 about the level of funding proposed for the The SPEAKER pro tempore. Is the homeless shelter. Homeless shelters in Veterans Health Administration. I believe it gentleman opposed to the bill? the middle of the summertime are gen- represents a serious shortfall for veterans Mr. KENNEDY of Massachusetts. I erally empty. This is the first time in health care. This is one of the most important am, Mr. Speaker, in its present form. the last 20 years where, in almost every benefits our veterans receive. It is incumbent The SPEAKER pro tempore. The congressional district across the coun- upon us to ensure that the veterans medical Clerk will report the motion to recom- try, you go into homeless shelters care delivery system is adequately funded to mit. today and you are going to find them meet the health care needs of our veterans. I The Clerk read as follows: chock-a-block full of homeless people, know that the budget includes a proposal to Mr. KENNEDY of Massachusetts moves to homeless families. We have simply not permit the VA to retain third party insurance recommit the bill H.R. 2158 to the Commit- provided the kind of funding that is payments and user fee collections. These tee on Appropriations with instructions to necessary to provide for those homeless funds, estimated to be $604 million by the report the same back to the House forthwith families. budget agreement, would be used to account the following amendments: We say that we want a balanced for the shortfall in the budget for veterans On page 24, line 22, strike ‘‘$4,600,000,000’’ budget. I want a balanced budget, But medical care. I am a strong proponent of this and insert ‘‘$4,700,000,000’’. On page 25, line 19, strike ‘‘$50,000,000’’ and I do not want to balance the budget on concept and it is my hope that the Congress insert ‘‘$70,000,000’’. the backs of the poorest and most vul- will enact legislation enabling the VA to do On page 27, line 6, strike ‘‘$50,000,000’’ and nerable citizens of this country; and this. However, if this does not occur, a mecha- insert ‘‘$75,000,000’’. that is, essentially, what this bill does. nism must be in place to ensure that we do On page 27, line 8, strike ‘‘$30,000,000’’ and We have seen a recognition that we not experience a shortfall in the medical care insert ‘‘$40,000,000’’. want to, as a Nation, and I see the delivery system for our veterans. I plan to sup- On page 30, line 12, strike ‘‘$823,000,000’’ and Speaker talk about the fact that he port the Solomon amendment which would in- insert ‘‘$883,000,000’’. wants to rebuild Washington, DC. If my corporate a ``fail-safe'' mechanism to protect Mr. KENNEDY of Massachusetts colleagues talk to the mayors of cities much needed funding for veterans medical (during the reading). Mr. Speaker, I and towns across our country, the No. care. ask unanimous consent that the mo- 1 issue that they will claim that they We must remain aware of our responsibility tion to recommit be considered as read face in terms of economic development to maintain a system that best meets the and printed in the RECORD. and the creation of jobs is brownfields. changing needs of today's veterans. We are The SPEAKER pro tempore. Is there We see the need for not only allowing dealing with payment for services rendered. objection to the request of the gen- brownfields to be cleaned up, but allow- Like any contract the government makes, we tleman from Massachusetts? ing for economic development of must do all within our power to live up to. Dol- There was no objection. brownfield sites across America. lars may be scarce, but we must make this b 1915 This motion to recommit contains our priority. With this in mind, it is my hope within it a $25 million initiative funded that we can continue to cooperate in biparti- Mr. KENNEDY of Massachusetts. Mr. through the EDI at HUD to allow for sanship to serve those who have so diligently Speaker, this bill I think deserves cred- economic development of those served us. Members of Congress have always it to both the gentleman from Califor- brownfield sites. Talk to your mayors, been strong supporters of veteranÐnot only in nia [Mr. LEWIS] and the gentleman talk to your city councils, talk to the word but in deed. Let us continue in that vein from Ohio [Mr. STOKES] and members people at the ground level that are re- today. of the committee and committee staff sponsible for building up those cities in I urge my colleagues to support this bill. for the efforts that they have made to the blighted urban areas of our coun- The CHAIRMAN. If there are no fur- come up with a kind of bipartisan spir- try, areas that have been contaminated ther amendments, under the rule, the it here. by corporations that have for years and Committee rises. On the other hand, I do believe that Accordingly the Committee rose; and years put so much poison on our city there is a significant issue that deals streets and on the fields of our cities. the Speaker pro tempore (Mr. HAST- with the low level of funding in this The fact of the matter is that, for the INGS of Washington) having assumed bill across the board. The truth of the first time, not only are we going to see the chair, Mr. COMBEST, Chairman of matter is, we heard a lot of speeches those sites cleaned up but we have the the Committee of the Whole House on over the course of the last 24 hours as the State of the Union, reported that opportunity to allow those cities and the VA–HUD bill came up. Those towns to come back. Those are the ini- that Committee, having had under con- speeches pertained, in large measure, sideration the bill (H.R. 2158), making tiatives that are contained. to the underfunding of a lot of veter- In addition, we are providing funding appropriations for the Departments of ans’ programs. Veterans Affairs and Housing and to allow for senior citizens to gain The fact of the matter is, after all of Urban Development, and for sundry more independence within their hous- these bills have been passed, after all of independent agencies, commissions, ing programs. The largest single grow- the amendments have been contained, corporations, and offices for the fiscal ing population of America is, in fact, there is still $450 million worth of year ending September 30, 1998, and for our elders. And all too often, they are underfunding in veterans’ programs. other purposes, pursuant to House Res- restricted in terms of their movements, In terms of the motion to recommit olution 184, he reported the bill back to in terms of their independence, because and its specifics that we have called the House with sundry amendments of their housing situations. for, we have asked that $100 million be This amendment would allow for a adopted by the Committee of the spent on the HUD Community Develop- small initiative to enable supportive Whole. The SPEAKER pro tempore. Under ment Block Grant program as an indi- services for senior citizens, to enable the rule, the previous question is or- cation of the kind of underfunding that them to go out and live more independ- dered. exists in that agency. ently. So if my colleagues want to Is a separate vote demanded on any I serve as the ranking Democrat on stand up for the rights of senior citi- amendment? If not, the Chair will put the Subcommittee on Housing and zens, if they want to stand up for the them en gros. Community Opportunity, and I can tell rights of our mayors and our city coun- The amendments were agreed to. my colleagues that we are not funding cils across this country to clean up The SPEAKER pro tempore. The the housing needs of the people of this brownfield sites, if they want to stand question is on engrossment and third country in any way, shape, or form in up and say that we do not believe that reading of the bill. comparison to what the need is. Spe- we ought to abandon our homeless, this The bill was ordered to be engrossed cifically with regard to homeless pro- bill currently, in its form, as a result of and read a third time, and was read the grams, over the course of the last 3 the amendment process, is coming in third time. years we have seen homeless programs $200 million below the 602(b) allocation. MOTION TO RECOMMIT OFFERED BY MR. cut by over $260 million; $260 million. All we are trying to suggest is that KENNEDY OF MASSACHUSETTS I challenge any Member of the Con- my colleagues can still stand up and Mr. KENNEDY of Massachusetts. Mr. gress, any Member of the House to go say to the people of their districts that Speaker, I offer a motion to recommit. to his home district and go visit a they are fighting for a balanced budget. H5370 CONGRESSIONAL RECORD — HOUSE July 16, 1997 The amendments that we have in the Cardin Hoyer Owens Klug Packard Shimkus Carson Jackson (IL) Pallone Knollenberg Pappas Shuster motion to recommit only take up $160 Clay Jackson-Lee Pascrell Kolbe Parker Skeen billion. The $200 billion that is left over Clayton (TX) Payne LaHood Pastor Smith (MI) in the bill will still come in under Clement Jefferson Pelosi Largent Paul Smith (NJ) budget, but it will not come in by vir- Clyburn John Peterson (MN) Latham Paxon Smith (OR) Condit Johnson (CT) Pickett LaTourette Pease Smith (TX) tue of turning our back on the poorest Conyers Johnson (WI) Pomeroy Lazio Peterson (PA) Smith, Linda of the poor in terms of our homeless. It Costello Johnson, E. B. Poshard Leach Petri Snowbarger will not come in by turning our back Coyne Kanjorski Price (NC) Lewis (CA) Pickering Snyder on the brownfield sites of this country Cummings Kaptur Rahall Lewis (KY) Pitts Souder Danner Kennedy (MA) Rangel Linder Pombo Spence that I think offer us an opportunity to Davis (FL) Kennedy (RI) Reyes Lipinski Porter Stearns really go out and rebuild America’s Davis (IL) Kennelly Rivers Livingston Portman Stokes urban areas. DeFazio Kildee Rodriguez LoBiondo Pryce (OH) Stump DeGette Kilpatrick Roemer Lucas Quinn Sununu That ought to be the policies of this Delahunt Kind (WI) Rothman Manzullo Radanovich Talent country. It ought to be the policies of DeLauro Kleczka Roybal-Allard Markey Ramstad Tauzin this House. I urge the Members to sup- Dellums Klink Rush McCollum Redmond Taylor (MS) Deutsch Kucinich Sabo McCrery Regula Taylor (NC) port the motion to recommit. Dicks LaFalce Sanchez McDade Riggs Thomas Mr. LEWIS of California. Mr. Speak- Dingell Lampson Sanders McHugh Riley Thornberry er, I rise in opposition to the motion to Dixon Lantos Sandlin McInnis Rogan Thune recommit. Doggett Levin Sawyer McIntosh Rogers Tiahrt Dooley Lewis (GA) Schumer McKeon Rohrabacher Turner The SPEAKER pro tempore (Mr. Doyle Lofgren Scott Metcalf Ros-Lehtinen Upton HASTINGS of Washington). The gen- Edwards Lowey Serrano Mica Roukema Walsh tleman from California is recognized Engel Luther Sherman Miller (FL) Royce Wamp Eshoo Maloney (CT) Sisisky Molinari Ryun Watkins for 5 minutes. Etheridge Maloney (NY) Skaggs Mollohan Salmon Watts (OK) Mr. LEWIS of California. Mr. Speak- Evans Manton Skelton Moran (KS) Sanford Weldon (FL) er, I do not intend to speak extensively Farr Martinez Slaughter Morella Saxton Weldon (PA) Fattah Mascara Smith, Adam Myrick Scarborough Weller on this matter. We have spent much of Fazio McCarthy (MO) Spratt Nethercutt Schaefer, Dan White the day and yesterday talking about Filner McCarthy (NY) Stabenow Neumann Schaffer, Bob Whitfield the very difficult bill we face, the re- Flake McDermott Stark Ney Sensenbrenner Wicker ality that there is many a trade-off be- Foglietta McGovern Stenholm Northup Sessions Wolf Ford McHale Strickland Norwood Shadegg Young (FL) tween complex programs. That does Frank (MA) McIntyre Stupak Nussle Shaw not suggest that in every instance a Frost McKinney Tanner Oxley Shays Furse McNulty Tauscher bill changes on the floor, that we ought NOT VOTING—6 to spend every single dime of some- Gejdenson Meehan Thompson Gephardt Meek Thurman Ehlers Schiff Weygand body’s perceived remainder 602(b). Gonzalez Menendez Tierney Matsui Solomon Young (AK) I am not really surprised that the Gordon Millender- Torres gentleman from Massachusetts [Mr. Green McDonald Towns b 1941 Gutierrez Miller (CA) Traficant KENNEDY], my dear friend, would like Hall (OH) Minge Velazquez Messrs. GOODLATTE, THUNE and to spend all of our 602(b). It may be Hall (TX) Mink Vento LAZIO of New York, Mrs. that from time to time we come to- Hamilton Moakley Visclosky CHENOWETH and Mrs. KELLY Harman Moran (VA) Waters gether on even balancing the budget. Hastings (FL) Murtha Watt (NC) changed their vote from ‘‘yea’’ to But in the meantime, without any fur- Hefner Nadler Waxman ‘‘nay.’’ ther ado, I would ask my colleagues to Hilliard Neal Wexler So the motion to recommit was re- oppose the motion to recommit. Hinchey Oberstar Wise jected. Hinojosa Obey Woolsey Mr. Speaker, I yield back the balance Holden Olver Wynn The result of the vote was announced of my time. Hooley Ortiz Yates as above recorded. The SPEAKER pro tempore. Without PERSONAL EXPLANATION NAYS—235 objection, the previous question is or- Mr. EHLERS. Mr. Speaker, on rollcall No. dered on the motion to recommit. Aderholt Chenoweth Gibbons Archer Christensen Gilchrest 279, because I was detained in unexpectedly There was no objection. Armey Coble Gillmor heavy traffic, I missed the vote. Had I been The SPEAKER pro tempore. The Bachus Coburn Gilman present, I would have voted ``nay.'' question is on the motion to recommit. Baker Collins Goode The SPEAKER pro tempore (Mr. Ballenger Combest Goodlatte The question was taken; and the Barr Cook Goodling HASTINGS of Washington). The question Speaker pro tempore announced that Barrett (NE) Cooksey Goss is on the passage of the bill. the noes appeared to have it. Bartlett Cox Graham Pursuant to clause 7 of rule XV, the Mr. KENNEDY of Massachusetts. Mr. Barton Cramer Granger Bass Crane Greenwood yeas and nays are ordered. Speaker, I object to the vote on the Bateman Crapo Gutknecht This is a 5-minute vote. ground that a quorum is not present Bereuter Cubin Hansen The vote was taken by electronic de- and make the point of order that a Bilbray Cunningham Hastert vice, and there were—yeas 397, nays 31, Bilirakis Davis (VA) Hastings (WA) quorum is not present. Bishop Deal Hayworth not voting 6, as follows: The SPEAKER pro tempore. Evi- Bliley DeLay Hefley [Roll No. 280] dently a quorum is not present. Blunt Diaz-Balart Herger Boehlert Dickey Hill YEAS—397 The Sergeant at Arms will notify ab- Boehner Doolittle Hilleary Abercrombie Bentsen Brady sent Members. Bonilla Dreier Hobson Ackerman Bereuter Brown (CA) The question of passage of the bill is Bono Duncan Hoekstra Aderholt Berman Brown (FL) an automatic vote and will be 5 min- Boswell Dunn Horn Allen Berry Brown (OH) Boyd Ehrlich Hostettler Andrews Bilbray Bryant utes. Brady Emerson Houghton Archer Bilirakis Bunning The vote was taken by electronic de- Bryant English Hulshof Armey Bishop Burr vice, and there were—yeas 193, nays Bunning Ensign Hunter Bachus Blagojevich Burton Burr Everett Hutchinson Baesler Bliley Buyer 235, not voting 6, as follows: Burton Ewing Hyde Baker Blumenauer Callahan [Roll No. 279] Buyer Fawell Inglis Baldacci Blunt Calvert Callahan Foley Istook Ballenger Boehlert Camp YEAS—193 Calvert Forbes Jenkins Barcia Boehner Canady Abercrombie Barrett (WI) Bonior Camp Fowler Johnson, Sam Barrett (NE) Bonilla Cannon Ackerman Becerra Borski Campbell Fox Jones Barrett (WI) Bonior Capps Allen Bentsen Boucher Canady Franks (NJ) Kasich Bartlett Bono Cardin Andrews Berman Brown (CA) Cannon Frelinghuysen Kelly Barton Borski Carson Baesler Berry Brown (FL) Castle Gallegly Kim Bass Boswell Castle Baldacci Blagojevich Brown (OH) Chabot Ganske King (NY) Bateman Boucher Chabot Barcia Blumenauer Capps Chambliss Gekas Kingston Becerra Boyd Chambliss July 16, 1997 CONGRESSIONAL RECORD — HOUSE H5371 Chenoweth Hastings (WA) Moran (VA) Stump Tierney Watts (OK) the bill (H.R. 1853) to amend the Carl Christensen Hayworth Morella Stupak Torres Waxman Clay Hefner Myrick Sununu Towns Weldon (FL) D. Perkins Vocational and Applied Clayton Herger Nadler Talent Traficant Weldon (PA) Technology Education Act, which was Clement Hill Neal Tanner Turner Weller referred to the House Calendar and or- Clyburn Hilleary Nethercutt Tauscher Upton Wexler dered to be printed. Coble Hilliard Neumann Tauzin Velazquez White Coburn Hinchey Ney Taylor (MS) Vento Whitfield f Collins Hinojosa Northup Taylor (NC) Visclosky Wicker Combest Hobson Norwood Thomas Walsh Wise REPORT ON H.R. 2169, DEPART- Condit Holden Nussle Thompson Wamp Wolf MENT OF TRANSPORTATION AND Conyers Hooley Oberstar Thune Waters Wynn RELATED AGENCIES APPROPRIA- Cook Horn Obey Thurman Watkins Yates Cooksey Houghton Olver Tiahrt Watt (NC) Young (FL) TIONS ACT, 1998 Costello Hoyer Ortiz NAYS—31 Mr. WOLF, from the Committee on Coyne Hulshof Owens Cramer Hunter Oxley Barr Johnson, Sam Petri Appropriations, submitted a privileged Crapo Hutchinson Packard Campbell Kennedy (MA) Roemer report (Rept. No. 105–188) on the bill Cubin Hyde Pallone Cox Kennedy (RI) Rohrabacher (H.R. 2169) making appropriations for Cummings Inglis Pappas Crane Kingston Royce the Department of Transportation and Cunningham Jackson (IL) Parker Doggett Klug Salmon Danner Jackson-Lee Pascrell Duncan Largent Sanford related agencies for the fiscal year end- Davis (FL) (TX) Pastor Filner Markey Scarborough ing September 30, 1998, and for other Davis (IL) Jefferson Paxon Hefley McIntosh Sensenbrenner purposes, which was referred to the Davis (VA) Jenkins Payne Hoekstra Miller (FL) Thornberry Deal John Pease Hostettler Minge Union Calendar and ordered to be DeFazio Johnson (CT) Pelosi Istook Paul printed. DeGette Johnson (WI) Peterson (MN) NOT VOTING—6 The SPEAKER. Pursuant to clause 8 Delahunt Johnson, E. B. Peterson (PA) of rule XXI, all points of order are re- DeLauro Jones Pickering Murtha Solomon Woolsey DeLay Kanjorski Pickett Schiff Weygand Young (AK) served on the bill. Dellums Kaptur Pitts f Deutsch Kasich Pombo b 1951 Diaz-Balart Kelly Pomeroy Mr. RAMSTAD changed his vote LEGISLATIVE PROGRAM Dickey Kennelly Porter Dicks Kildee Portman from ‘‘nay’’ to ‘‘yea.’’ (Mr. SKEEN asked and was given per- Dingell Kilpatrick Poshard So the bill was passed. mission to address the House for 1 Dixon Kim Price (NC) The result of the vote was announced minute.) Dooley Kind (WI) Pryce (OH) as above recorded. Doolittle King (NY) Quinn Mr. SKEEN. Mr. Speaker, I want to Doyle Kleczka Radanovich A motion to reconsider was laid on announce that there will be no further Dreier Klink Rahall the table. votes tonight. We will do general de- Knollenberg Dunn Ramstad f Edwards Kolbe Rangel bate only tonight, and I expect to be back on this bill tomorrow. I will Ehlers Kucinich Redmond GENERAL LEAVE Ehrlich LaFalce Regula shortly be asking unanimous consent Emerson LaHood Reyes Mr. LEWIS of California. Mr. Speak- to stack votes beginning tomorrow so Engel Lampson Riggs English Lantos Riley er, I ask unanimous consent first for that we will have the hope of finishing Ensign Latham Rivers the House to express its appreciation this bill before we leave tomorrow Eshoo LaTourette Rodriguez for the fabulous work done today by evening, and I repeat, we are only Etheridge Lazio Rogan our Chairman of the Committee of the going to do general debate; no more Evans Leach Rogers Everett Levin Ros-Lehtinen Whole House, the gentleman from votes, no amendments will be consid- Ewing Lewis (CA) Rothman Texas (Mr. COMBEST). ered tonight. Farr Lewis (GA) Roukema Then, Mr. Speaker, I ask unanimous f Fattah Lewis (KY) Roybal-Allard consent that all Members may have 5 Fawell Linder Rush Fazio Lipinski Ryun legislative days within which to revise REQUEST TO POSTPONE RE- Flake Livingston Sabo and extend their remarks on H.R. 2158, CORDED VOTES DURING CONSID- Foglietta LoBiondo Sanchez the bill just passed. ERATION OF H.R. 2160, DEPART- Foley Lofgren Sanders Forbes Lowey Sandlin The SPEAKER. Is there objection to MENT OF TRANSPORTATION AND Ford Lucas Sawyer the request of the gentleman from RELATED AGENCIES APPROPRIA- Fowler Luther Saxton California? TIONS ACT, 1998 Fox Maloney (CT) Schaefer, Dan There was no objection. Frank (MA) Maloney (NY) Schaffer, Bob Mr. SKEEN. Mr. Speaker, I ask unan- Franks (NJ) Manton Schumer f imous consent that during the consid- Frelinghuysen Manzullo Scott eration of H.R. 2160, that on Thursday, Frost Martinez Serrano REMOVAL OF NAME OF MEMBER July 17, or any day thereafter, the Furse Mascara Sessions AS COSPONSOR OF H.R. 1984 Gallegly Matsui Shadegg Chairman of the Committee of the Ganske McCarthy (MO) Shaw Mr. EHLERS. Mr. Speaker, I just Whole may postpone until a time dur- Gejdenson McCarthy (NY) Shays learned that my name was mistakenly Gekas McCollum Sherman ing further consideration in the Com- Gephardt McCrery Shimkus entered as a cosponsor of H.R. 1984, and mittee of the Whole a request for a re- Gibbons McDade Shuster I ask unanimous consent that my name corded vote on any amendment and Gilchrest McDermott Sisisky be removed as cosponsor. that the Chairman of the Committee of Gillmor McGovern Skaggs Gilman McHale Skeen The SPEAKER. Is there objection to the Whole may reduce to not less than Gonzalez McHugh Skelton the request of the gentleman from 5 minutes the time for voting by elec- Goode McInnis Slaughter Michigan? tronic device on any postponed ques- Goodlatte McIntyre Smith (MI) There was no objection. Goodling McKeon Smith (NJ) tion that immediately follows another Gordon McKinney Smith (OR) f vote by electronic device without in- Goss McNulty Smith (TX) tervening business, provided that the Graham Meehan Smith, Adam REPORT ON RESOLUTION PROVID- time for voting by electronic device on Granger Meek Smith, Linda ING FOR CONSIDERATION OF Green Menendez Snowbarger the first in any series of questions shall Greenwood Metcalf Snyder H.R. 1853, CARL D. PERKINS VO- not be less than 15 minutes. Gutierrez Mica Souder CATIONAL-TECHNICAL EDU- The SPEAKER pro tempore (Mr. Gutknecht Millender- Spence CATION ACT AMENDMENTS OF HASTINGS of Washington). Is there ob- Hall (OH) McDonald Spratt 1997 Hall (TX) Miller (CA) Stabenow jection to the request of the gentleman Hamilton Mink Stark Mr. MCINNIS, from the Committee from New Mexico? Hansen Moakley Stearns on Rules, submitted a privileged report Mr. OBEY. Mr. Speaker, reserving Harman Molinari Stenholm Hastert Mollohan Stokes (Rept. No. 105–187) on the resolution (H. the right to object, I understand the Hastings (FL) Moran (KS) Strickland Res. 187) providing for consideration of gentleman from New Mexico is making H5372 CONGRESSIONAL RECORD — HOUSE July 16, 1997 a unanimous consent request to roll woman from Ohio [Ms. KAPTUR] and some we have heard in the earlier testi- votes tomorrow. myself. mony before from this chair. So I want Let me simply say that at this point The SPEAKER pro tempore. Is there to thank all those folks who make this I am not at liberty to accede to that objection to the request of the gen- thing a reality, and for the hard work request. I would urge the gentleman tleman from New Mexico? they do and the tremendous amount of from New Mexico [Mr. SKEEN] to with- There was no objection. time they put in. draw the request, and perhaps we will The SPEAKER pro tempore. The Mr. Chairman, this bill represents a be in a position tomorrow when we question is on the motion offered by lot of hard work and contribution by convene to accede to that request. the gentleman from New Mexico. both the Democratic and Republican Right now I have a number of problems The motion was agreed to. Members. I believe it deserves strong on my side of the aisle that will pre- b 2000 support from both sides of the aisle. I have not asked for a rule on this bill vent us from agreeing to it at this IN THE COMMITTEE OF THE WHOLE time. because I want my colleagues to have a Accordingly, the House resolved it- chance to discuss and debate any issues Mr. SKEEN. Mr. Speaker, will the self into the Committee of the Whole gentleman yield? which they believe are important. House on the State of the Union for the Mr. Chairman, I reserve the balance Mr. OBEY. I yield to the gentleman consideration of the bill (H.R. 2160), from New Mexico. of my time. with Mr. LINDER in the chair. Ms. KAPTUR. Mr. Chairman, I yield Mr. SKEEN. Mr. Speaker, I appre- The Clerk read the title of the bill. ciate that, and I am in total sympathy myself such time as I may consume. By unanimous consent, the bill was Mr. Chairman, I rise this evening to with it, but I think at least we can do considered as having been read the first commend our chair, the gentleman the colloquies tonight and get those time. from New Mexico [Mr. SKEEN], an out- out of the way so that we can get to The CHAIRMAN. Under the unani- standing Member of this House to work the substance matter. If the gentleman mous-consent agreement, the gen- with; all of the members of our sub- from Wisconsin would agree to that, I tleman from New Mexico [Mr. SKEEN] committee and the committee staff, for will appreciate it. and the gentlewoman from Ohio [Ms. their wonderful leadership in putting Mr. OBEY. Mr. Speaker, I do not un- KAPTUR] each will control 30 minutes. together a solid bill. It will help keep derstand what the gentleman is sug- The Chair recognizes the gentleman our Nation at the leading edge for food, gesting there. from New Mexico [Mr. SKEEN]. fiber, fuel, and forest production, as Mr. SKEEN. If the gentleman would Mr. SKEEN. Mr. Chairman, I yield well as research, trade, and food and continue to yield, Mr. Speaker, we will myself such time as I may consume. drug safety. withdraw that unanimous-consent re- Mr. Chairman, I rise to offer the fis- There is no question that agriculture quest, and do general debate, and end it cal year 1998 appropriations bill for Ag- is America’s lead industry. Our farmers there then. riculture, Rural Development, Food and our agricultural industries remain Mr. OBEY. Mr. Speaker, perhaps we and Drug Administration, and related the most productive in the world, and will be able to agree to the request to- agencies. The bill totals $13,651,000,000 they well understand, as we do, how morrow. in discretionary spending and difficult it is to maintain our Nation’s f $39,796,855,000 in mandatory spending commitment to excellence in agri- for a total of $49,447,051,000. This bill b culture in tight budgetary times. 2000 meets both the discretionary alloca- Our bill appropriates $3.7 billion or 7 GENERAL LEAVE tion of $13,650,196,000 and its outlay al- percent less than last year’s budget, location of $13,967,000,000. Mr. SKEEN. Mr. Speaker, I ask unan- and $2.8 billion less or 5 percent less Mr. Chairman, this bill is the result than the amount requested by the ad- imous consent that all Members may of 13 days of hearings from mid-Feb- ministration. Over two-thirds of the have 5 legislative days within which to ruary through mid-March. The sub- bill’s spending is dedicated to manda- revise and extend their remarks on the committee took testimony from 252 tory programs, largely nutrition pro- bill (H.R. 2160) making appropriations witnesses, including 20 Members of grams like the school breakfast and for Agriculture, Rural Development, Congress. We marked it up in sub- lunch programs and the Food Stamp Food and Drug Administration, and committee on June 25 and in full com- Program, which comprise nearly 70 per- Related Agencies programs for the fis- mittee on July 9. cent of the funding in this bill. cal year ending September 30, 1998, and While our allocation was larger than The committee provided $35.8 billion for other purposes, and that I may in- last year, this bill spends about $424 in mandatory programs, which is a de- clude tabular and extraneous material. million less than the administration crease of $4.3 billion below the amount The SPEAKER pro tempore (Mr. requested. There are only a few signifi- available for fiscal year 1997, and $2.4 HASTINGS of Washington). Is there ob- cant increases in the bill: WIC, rural billion below the budget request. jection to the request of the gentleman water and housing, FDA, and meat and The bill includes a total of $13.65 bil- from New Mexico? poultry inspection. Most of the pro- lion for discretionary programs, which There was no objection. grams are reduced or frozen at the 1997 is $599 million more than the amount f level. appropriated in the last fiscal year, and This is a good bill and a responsible $424 million less than the budget re- AGRICULTURE, RURAL DEVELOP- bill. I want to remind all my colleagues quest. MENT, FOOD AND DRUG ADMIN- that this legislation pays for critical Mr. Chairman, those who serve farm- ISTRATION, AND RELATED programs that benefit us and every one ers and work with agriculture are AGENCIES APPROPRIATIONS of our constituents every day of their taught over and over again that there ACT, 1998 lives, no matter what part of this great is a big difference between money and Mr. SKEEN. Mr. Speaker, I move country they live in. At the same time, wealth. Our job on this Committee on that the House resolve itself into the it spends carefully and fulfills our obli- Agriculture is to help create the Committee of the Whole House on the gation to move towards a balanced wealth of America through the invest- State of the Union for the consider- budget. ments that we make in food, fiber, fuel, ation of the bill (H.R. 2160) making ap- Mr. Chairman I want to express my and forestry, all essential components propriations for Agriculture, Rural De- appreciation to the committee mem- of production agriculture. velopment, Food and Drug Administra- bers and the staff, and particularly to Market-oriented farm policy means tion, and Related Agencies programs the gentlewoman who is the ranking farming for the market, not the Gov- for the fiscal year ending September 30, member, the gentlewoman from Ohio ernment, and requires investments in 1998, and for other purposes; and pend- [Ms. KAPTUR], who has been a great research, some of it high risk, in con- ing that, I ask unanimous consent that help to me. We have a great team servation, in sustainability, in edu- the general debate be limited to not to going, I think, on this particular bill. cation and technology transfer, which exceed 1 hour, the time to be equally We have our differences once in a will keep agriculture competitive as we divided and controlled by the gentle- while, but they are mild compared to move into the new century. July 16, 1997 CONGRESSIONAL RECORD — HOUSE H5373 Overall, the bill represents a fair, bi- other programs that are of higher pri- funding in this account, the language partisan approach. The committee did ority in this bill than underwriting pri- adopted in the full committee markup face tough choices, given our spending vate insurance agents, particularly in subverts an established process and I constraints. There are no funds in this light of the April GAO report on abuses think compromises us at the con- bill for any Member for university fa- discovered in the crop insurance pro- ference committee level. It appears to cilities. Our committee turned down gram. give preference to one university while over a dozen requests for university re- In its report, GAO stated that ex- disallowing other priority proposals search facilities. Further, we were only penses reimbursed with taxpayer funds from consideration. able to fund $50 million of over $200 appeared excessive, and I underline The full committee also adopted an million in requests for agricultural re- ‘‘excessive,’’ or did not appear to be amendment that authorizes on this ap- search. reasonably associated with the sales propriations bill by changing the des- I am not proud of the fact that we and service of Federal crop insurance. ignation of a community in California can only provide $50 million. That is These include, and I quote from the re- from a rural to an urban community. I only a quarter of what we were asked port, agent’s commissions that ex- have extremely strong reservations to provide, but that is the reality in to- ceeded the industry average, unneces- about the intent of this language, since day’s world. Facing tight budget con- sary travel-related expenses, question- no hearings were held on the subject. I straints, we did our best to shift re- able entertainment activities like underline, no hearings were held on the search needs to priority areas. But in skyboxes, expenses associated with ac- subject. It sets a very bad precedent, every case where a priority program re- quiring competitors’ businesses, profit- including unintended consequences ceived additional funding, some other sharing bonuses, and lobbying. that we may not fully appreciate. This budget function had to be cut. GAO suggested that future reim- language should be stripped from the Farm ownership and operating loans bursement rates could be reduced. Con- bill. sustained a major cut in this bill, and sequently, the U.S. Department of Ag- Traditional farm programs continue were reduced $229 million below FY riculture indicated to our committee to receive a decreasing portion of Fed- 1997 levels. This will have an impact. that $152 million would be sufficient eral support, and in my view, we should APHIS, the Animal Plant Health In- funding for this program for fiscal year target our scarce agricultural dollars spection Service budget, was reduced 1998, and that these funds would pro- to smaller family farmers to assure vide assurance that valuable crop in- by approximately 4 percent, at a time competition in our industry now domi- surance products would be delivered by when we are experiencing increasing nated by megagiants. I opposed last private crop insurance companies and problems with inspection at our ports year’s farm bill because I do not be- their agents. of entry. lieve that it did enough to insure The Natural Resources Conservation I strongly support the crop insurance program as a continuing safety net for against undue risk to family farmers Service conservation operations pro- and to provide them with a safety net grams, the primary source of technical our Nation’s producers, but certainly a 24.5 percent level of commission, 24.5 when times turn bad. While the farm assistance to producers and land- percent, should be sufficient to encour- bill made progress by enacting a $40,000 owners, was cut by $10 million over last age private companies to provide this payment limitation, I remain con- year’s level, and more than $112 million service. Some might say it may even be cerned that large corporate farmers below the President’s budget request. too generous. Providing an additional can still have undue call on Federal With the increasing public concern payments. about food safety, I am pleased with $36 million increase to raise those com- missions from 24.5 percent to about 27 In recent decades, America has slow- the increase we were able to include for percent of the value of the insurance ly eroded the historic basis of Amer- the food safety initiative under both policy is simply not the highest prior- ican agriculture, the family farmer, the USDA and the Food and Drug Ad- ity use of this subcommittee’s limited and is moving in the direction of giant ministration, as well as the Youth To- funding. corporate farms. We must address the bacco Prevention initiative proposed I also remain concerned about some increased concentration in agricultural under the FDA. of the reductions proposed for salary markets that is squeezing family farm- It is also noteworthy that this bill accounts in the Department of Agri- ers out of business. includes, after great compromise on culture, particularly reductions in the In the final analysis, a concentrated the committee and struggle, an $118 Farm Service Agency, and the poten- production system risks price manipu- million increase for the women, in- tial for disruption of the delivery of lation and lack of competition. Com- fants, and children feeding program, programs and services to farmers at modity prices must be maintained at a which will allow the program to main- the local level. level high enough to compensate for tain its current participation level of I strongly oppose the amendment the costs of production, and to main- 7.4 million participants. adopted in full committee that would tain standards of living in order to at- This bill also includes an $800,000 in- eliminate the salaries for the deputy tract and retain farmers and farm pro- crease to upgrade investigative activi- and assistant deputy administrator of duction. ties of the Grain Inspectors’ Inspection the Farm Services Agency. While we On the international front, we must Packers and Stockyards Administra- realize that the farmers and land- also negotiate reciprocal trade agree- tion regarding concentration in those owners in one State, Washington State, ments which encourage and enhance industries. This increase is critical for are very disappointed with the results the ability of our farmers to compete monitoring and analyzing anticompeti- of the 15th consecutive conservation in world markets. tive practices in the meatpacking in- reserve program sign-up, we strongly b 2015 dustry, where now three huge firms oppose this punitive and misguided at- control 80 percent of the meat that tempt to effect a change through On agricultural trade, we must work consumers in this country purchase. micromanagement of a Federal agency. harder to recapture lost markets and Mr. Chairman, I continue to have se- There remains in this bill, language increase exports. As American agricul- rious reservations about some amend- adopted in full committee which seems tural exports grow, foreign agricultural ments which were adopted in full com- to give special preference and consider- imports to our country are being mittee, and hope that these issues can ation to one university building under shipped in greater magnitude. be resolved during this floor debate. the CSREES buildings and facilities Since 1981, our agricultural exports For example, our subcommittee, after account. With limited Federal funding have exhibited a rather roller coaster considerable debate, provided $152 mil- available for priority programs, this ride, first declining from $43.8 billion to lion for sales commissions to private subcommittee agreed in fiscal year 1997 a low of $26 billion in 1986, and then ris- crop insurance agents, as requested by that it would end the practice of build- ing to a record high of $60 billion in the administration. However, at the ing academic research facilities for 1996, but at the same time agricultural full committee level, the chairman’s en universities. imports have increased from $10.8 bil- bloc amendment included a further in- While we followed this approach in lion to approximately $30 billion in crease of $36 million. There are many subcommittee markup and provided no 1996, now equaling half of our exports. H5374 CONGRESSIONAL RECORD — HOUSE July 16, 1997

In many cases, these products our own Ms. KAPTUR. Mr. Chairman, I yield ing to insert in the RECORD a very in- farmers could be producing and mar- 5 minutes to the gentleman from Wis- teresting article from a newspaper in keting. consin [Mr. OBEY], our distinguished my home town called City Pages, In closing, I want to express my ap- ranking member. which really traces the depths of de- preciation to the gentleman from New Mr. OBEY. Mr. Chairman, I thank spair which has developed on the part Mexico [Mr. SKEEN] for putting to- the gentlewoman for yielding me the of many farmers in rural America be- gether the best bill we could under cur- time. cause of the economic crunch that has rent fiscal circumstances. Let me re- First, I would like to simply say that beset them really for the past 20 years. mind our colleagues in closing that the I think that there are no two Members In my view this bill cannot begin to ad- agriculture portion of Federal spending of the House who are more popular dress the damage that has been done to has taken more than its share of budg- than the gentlewoman from Ohio and the social fabric of rural America and et cuts in these past several years. the subcommittee chairman, the gen- to the economic welfare of hard-work- Overall spending on programs in our tleman from New Mexico [Mr. SKEEN]. ing, struggling family farmers by what committee’s jurisdiction has declined I think everyone understands in these I consider to be inadequate and mis- from $70.8 billion in fiscal year 1994 to two individuals they have Members guided farm policy over the past years, $49.45 billion in fiscal year 1998 pro- who want to work things out, they which unfortunately continues today. jected. have Members who want to produce a I will be inserting that article in the Employment at USDA has declined bipartisan approach and who try to the RECORD despite its length because I by approximately 13,000 since 1993. best of their ability to accommodate think it is important, when people are County-based office staffing has been the needs of this institution, the coun- looking at reasons for the tuning out of reduced by 13.7 percent since fiscal try and our individual Members. large segments of our population, when year 1993 and will be reduced further I want to say that I expected to sup- they are looking for reasons why so for a total cut of 40 percent by fiscal port this bill with a fair amount of en- many people join these misguided mili- year 2002. I think our subcommittee thusiasm in the early stages of consid- tia groups around the country, I think has met the challenge to reduce Fed- eration. But, unfortunately, in the full it is important to understand that eral spending. I am not quite sure how committee a number of amendments when people are economically pressed much more we can do. were adopted which will make that to the wall, that their reaction is Mr. Chairman, I again thank the gen- very difficult. sometimes irrational. tleman from New Mexico for his co- First of all, the gentlewoman has al- I would urge all Members, whether operation. ready mentioned the Crop Insurance they are from urban or rural districts, Mr. Chairman, I reserve the balance Commission issue which was raised in to read it because it ought to teach us of my time. full committee. The amount of funding all a lesson. Mr. SKEEN. Mr. Chairman, I yield 1 put in the bill for that purpose now Mr. SKEEN. Mr. Chairman, I yield minute to the gentleman from Florida greatly exceeds that requested by the such time as he may consume to the [Mr. SHAW]. administration. I do not believe that gentleman from Georgia [Mr. COLLINS]. Mr. SHAW. Mr. Chairman, I thank Mr. COLLINS. Mr. Chairman, I thank that can be justified with so many the gentleman for yielding me the the gentleman for yielding me the other competing needs. I am for crop time. time. I rise to enter into a colloquy insurance, most definitely, but I am Mr. Chairman, I rise for the purpose with the chairman. of entering into a colloquy with the not for providing persons who sell it Mr. Chairman, there is a proposed distinguished subcommittee chairman, with a greater commission than they move by the USDA of an experiment the gentleman from New Mexico [Mr. need in order to persuade people to buy station in Griffin, GA to another loca- SKEEN]. I am disappointed that the what they ought to buy without any tion. This station has been in place committee did not include funding for persuasion. since 1949. Over the last few years, in I would also say that the develop- the Melaleuca Research and Quar- fact the last 7 years, we have spent ment in full committee which elimi- antine Facility close to Fort Lauder- some $2.5 million in improvements, in nated the assistant deputy adminis- dale, FL. The committee chose not to new plant facilities there. The proposed trator of FSA I find to be an unseemly include funding although this project site is nowhere near comparable to the personalization of differences between was authorized by Congress last year existing site. and specifically requested by the ad- individual Members of the Congress I am concerned, too, about the num- ministration. Moreover, in previous and the agency, and I believe that just ber of employees who would be affected years the committee has funded this as it did when similar action was taken by this move because these employees project. by previous chairs of this subcommit- have been paid through another sys- Mr. Chairman, this project is critical tee, I think that in this instance it also tem, a university system, and would be to the survival, the very survival of the brings disrepute on the Congress as an ineligible for funds for moving to a new Everglades. Therefore, I hope that you institution for acting in a manner that location. will work with me during the con- is that extreme. I think that that will I have inquired with USDA and have ference committee if the Senate choos- have to be removed before it is accept- not received any response from my in- es to fund this project. ed by the administration. quiry. My inquiry to the gentleman is Mr. SKEEN. Mr. Chairman, will the There are some other items as well. I for him to seek out why this move is gentleman yield? would simply also take note that I do being made, if it is logical, if it is Mr. SHAW. I yield to the gentleman not know what exactly the number is, sound fiscal policy and, if not, let us from New Mexico. but I know the gentlewoman from Ohio move in some way to restrict this Mr. SKEEN. Mr. Chairman, I want to [Ms. KAPTUR] is one of the very few move. tell the gentleman from Florida [Mr. women who have either served as Chair Mr. SKEEN. Will the gentleman SHAW] that I will certainly work with or ranking minority member of an ap- yield? the gentleman from Florida during the propriations subcommittee. There have Mr. COLLINS. I yield to the gen- conference on this bill. I regret that been, as I understand it, two women tleman from New Mexico. the subcommittee could not include who served as subcommittee Chairs Mr. SKEEN. Mr. Chairman, yes, we funding for this project. It suffers from and three who have served as ranking will go hand-in-hand with the gen- the fate of many worthwhile projects, members. I want to congratulate the tleman and see what the problem is as was mentioned by the ranking mem- gentlewoman from Ohio [Ms. KAPTUR] and get some answers for the gen- ber. There is just not enough money to for ascending to that position. tleman. That I pledge to the gen- go around. However, I am sure that Again, I express my appreciation for tleman. this project will be fully funded in time the way that the gentleman from New Mr. COLLINS. Mr. Chairman, I thank because of its great importance to the Mexico [Mr. SKEEN] tries to conduct af- the gentleman. Everglades. fairs in this place. Mr. SKEEN. Mr. Chairman, I yield 1 Mr. SHAW. Mr. Chairman, I thank I would also simply say that in gen- minute to the gentleman from Wash- the gentleman. eral, at the proper time, I will be try- ington [Mr. NETHERCUTT]. July 16, 1997 CONGRESSIONAL RECORD — HOUSE H5375 Mr. NETHERCUTT. Mr. Chairman, I b 2030 for listening to Members and for work- would like to engage the gentleman in We have funded the wetlands reserve ing hard to craft a good bill and for his a colloquy. I intend to clarify in this program that will be increased by $45 work in bringing the bill to the floor colloquy the intention of the sub- million. We have also increased fund- today. committee in its report language for ing for the EQUIP Program. These are This bill does fund a number of im- this bill that, quote, ‘‘The Committee environmental measures within the portant priorities, but I still have a believes that the funding provided to U.S. Department of Agriculture budget number of concerns about it. I am par- the Foreign Agricultural Service will that are very important to our con- ticularly concerned about the preva- enable the Foreign Market Develop- servation of soil. We have also provided lence of tobacco use amongst young ment/Cooperator program to operate at $7.8 billion for child nutrition pro- people. I appreciate that the chairman the same level as fiscal year 1997.’’ grams, such as school lunch and school worked with me and other members of Is it the gentleman’s understanding, breakfast and $25 billion for food the subcommittee to provide $24 mil- Mr. Chairman, that the Foreign Agri- stamps. lion for the FDA initiative to block cultural Service is approving $32 mil- These are substantial commitments. youth access to tobacco. lion for approved foreign market devel- Often the agriculture budget is consid- This is a good start toward the $34 opment/cooperator program marketing ered an agricultural subsidy bill, but in million that was requested by the ad- plans in fiscal year 1998? fact it is not, it is the bill that provides ministration to stop kids from taking Mr. SKEEN. Mr. Chairman, will the the food and sustenance for most of our up smoking and becoming addicted. We gentleman yield? Nation’s poor. need to bring that level up to $34 mil- Mr. NETHERCUTT. I yield to the I thank our leadership for supporting lion. Three thousand youngsters start gentleman from New Mexico. these programs, for providing money to smoke every day. One-third of them Mr. SKEEN. Mr. Chairman, I would for nutrition, and I would urge a strong will die. We need to put an enforcement tell the gentleman that the department bipartisan support for this bill. mechanism in place that curtails un- intends to operate the FMD/cooperator Mr. SKEEN. Mr. Chairman, I yield 1 derage smoking. program at a level of $32 million which minute to the gentleman from Illinois I am also pleased that the bill pro- includes new money and carryover [Mr. LAHOOD]. vides funding for the President’s food funds. The bill provides sufficient fund- Mr. LAHOOD. Mr. Chairman, I won- safety initiative, for the WIC Program, ing for this. This is the meaning of the der if I might enter into a colloquy which provides essential nutrition as- report language. about a particular research program. sistance for pregnant women and We have not earmarked this level be- As a part of the President’s budget young children, and for agricultural re- cause it is nearly a quarter of the budg- there was a proposal to stop many on- et of the Foreign Agricultural Service search. going agricultural research projects. I am dismayed, however, by a number and USDA needs the flexibility, to Many of these are very good research of provisions and, in particular, by change the FMD/cooperator budget to projects and have had long-term agri- changes that were made at the full meet other needs which may arise dur- cultural benefit. I appreciate very committee level. The full committee ing the fiscal year. On the other hand, much the chairman and the ranking the FMD/cooperator budget could go chose to recognize one specific con- minority member in helping continue struction project when, by agreement, above the $32 billion level if USDA de- some of these projects. cides that is the best course. numerous other worthy projects at There is one project I do want to ask sites around the country were left out Mr. NETHERCUTT. Mr. Chairman, I about specifically. This project is thank the gentleman very much. of the bill and report. This is unfair to known as the ‘‘Genetic Engineering of other members of the committee and Mr. SKEEN. Mr. Chairman, I yield 2 Anaerobic Bacteria for Improved minutes to the gentleman from New to other Members of this House. Rumen Function,’’ research effort con- I am concerned that the full commit- York [Mr. WALSH]. ducted at the Ag research lab in Peo- (Mr. WALSH asked and was given tee added funds above what the Sec- ria, IL. This project was not mentioned retary of Agriculture deemed sufficient permission to revise and extend his re- in the committee report, and I would for payments to crop insurance agents, marks.) ask the Chairman if he would assist me Mr. WALSH. Mr. Chairman, I rise in even though the General Accounting in ensuring that this project be in- strong support of H.R. 2160 and its ac- Office has revealed that taxpayer dol- cluded as a worthwhile project when companying report that provides fund- lars are being used for outrageous and the bill comes out of the committee on ing for Agriculture, Rural Develop- unreasonable expenses, such as conference. ment, Food and Drug Administration Mr. SKEEN. Mr. Chairman, will the skyboxes at athletic events, country and related agencies for fiscal year gentleman yield? club membership fees, and corporate 1998. I want to commend the gentleman Mr. LAHOOD. I yield to the gen- aircraft. We should not be providing from New Mexico [Mr. SKEEN], the sub- tleman from New Mexico. extra dollars in this area. committee chairman, and the gentle- Mr. SKEEN. Mr. Chairman, I would The full committee could establish a woman from Ohio [Ms. KAPTUR], the be pleased to respond to the gentleman dangerous precedent by its actions to ranking member, for their leadership that he has my assurances that we will eliminate two positions in the Depart- and fine work in crafting this difficult look after this project. The gentleman ment of Agriculture simply because a bill. I would also like to thank the sub- from Illinois has always worked with Member of the Congress is unhappy committee staff for their diligence and the committee and he asked to keep about the actions of an entirely dif- the long hours they spent putting the this project earlier in the year. It was ferent administrator. bill together. just an oversight that it was not men- While I do have a number of con- The bill provides $49 billion for agri- tioned in the report, and we will do cerns, I again would like to thank the cultural appropriations. This rep- what we can to make sure ARS keeps chairman and the ranking member for resents a reduction of $3.7 billion from this project alive. their efforts and express my thanks to last year’s level. While discretionary Ms. KAPTUR. Mr. Chairman, I yield the staff. spending in our bill has increased as a 2 minutes to the gentlewoman from Mr. SKEEN. Mr. Chairman, I yield 4 result of changes made to the food Connecticut [Ms. DELAURO], an es- minutes to the gentleman from Iowa stamp and related nutrition programs, teemed member of our subcommittee [Mr. LATHAM]. our subcommittee has had to make and full committee. Mr. LATHAM. Mr. Chairman, first of some very difficult choices as only a Ms. DELAURO. Mr. Chairman, I all I want to thank the chairman, the few of the programs in this bill are re- would like to thank the ranking mem- gentleman from New Mexico, for yield- ceiving increases over last year’s level. ber, the gentlewoman from Ohio [Ms. ing me this time and all his hard work; The President’s tobacco and food safe- KAPTUR], for yielding me this time and and the work of staff on the commit- ty initiatives were largely funded in for her hard and diligent work on the tee; as well as the ranking member, the this bill, and the subcommittee has bill. gentlewoman from Ohio [Ms. KAPTUR] also provided $188 million for Federal I also want to commend the gen- for the cooperation and help on this crop insurance. tleman from New Mexico [Mr. SKEEN] bill. H5376 CONGRESSIONAL RECORD — HOUSE July 16, 1997 Mr. Chairman, I think some very im- farm bill. This bill supports that. This not break faith with the farmers of portant things are included in this; is the right direction to go, maintain- America. first of all, the sanctity of the con- ing the safety net through individuals Mr. SKEEN. Mr. Chairman, I yield tracts that we had last year. Last year taking responsibility for themselves. myself 1 minute, and I would like to re- I was on the authorizing committee And I am just very, very pleased that spond to the gentlewoman from Hawaii and, as a farmer myself, I know how after 60 years of Government controls and thank her for getting the road important it is to maintain those con- in agriculture, we have finally freed up fixed out to the research station in Ha- tracts to make sure that the farm bill, what is going to be the most dynamic waii for the fruit fly project. that really is going to help all farmers part of this whole economy, and that is Mrs. MINK of Hawaii. Mr. Chairman, in the future, the sanctity of that farm the American agriculture machine. will the gentleman yield? bill stays intact. Ms. KAPTUR. Mr. Chairman, I yield Mr. SKEEN. I yield to the gentle- That is extremely important as we go 21⁄2 minutes to the gentlewoman from woman from Hawaii. through a transition of Government Hawaii [Mrs. MINK.] Mrs. MINK of Hawaii. Mr. Chairman, controls in agriculture to a truly free- Mrs. MINK of Hawaii. Mr. Chairman, it was because of the gentleman’s ener- market agriculture based on exports on I thank the ranking member, the gen- getic intervention on that matter that value added products. I am very tlewoman from Ohio [Ms. KAPTUR], for we were able to resolve it. So I wish to pleased with that portion. yielding me this time. I would like to thank the gentleman for raising this Also the portion about funding for rise initially to give my strong support issue to my attention. crop insurance. While we did increase to H.R. 2160 and to commend the gen- Mr. SKEEN. Mr. Chairman, reclaim- in the full committee somewhat the tleman from New Mexico [Mr. SKEEN], ing my time, thanks to the gentle- funding for crop insurance, it is still a the chairman of the subcommittee, and woman, my back healed up from that decrease from the amount that was members of the Committee on Appro- rough road. spent on crop insurance last year. But priations for not yielding to the many Mr. Chairman I yield 5 minutes to it does maintain a level of funding demands and requests to amend the the gentleman from Texas [Mr. SMITH]. which is absolutely critical for agri- farm bill that we struggled so hard a Mr. SMITH of Texas. Mr. Chairman, I culture, unless we want to go back to year ago to enact. thank the gentleman for yielding me the days of disaster payments and com- I also rise to take the time during this time, and I rise to engage the ing to the Federal Government year general debate to remind the House chairman of the subcommittee and the after year for more and more money. that, notwithstanding the popular view gentlewoman from Idaho in a colloquy. If we are going to finally have farm- of Hawaii as a tourist mecca of the I am very concerned about the admin- ers, who now in the freedom to farm country and the world, that it is in my istration’s proposed American Heritage bill have that freedom to choose the district that the bulk of the agricul- Rivers Initiative. crops that they want, they also have to tural economy of my State is sus- First, this initiative, originally an- take the responsibility to insure that tained. Therefore, we have a very nounced by President Clinton in his crop. And for us to cut the funding for strong support and reliance upon a State of the Union Address this last crop insurance is absolutely wrong and strong farm bill, and I rise to reiterate January, will threaten property rights upside down unless we want to get the the struggles that we had a year ago. if it is implemented. Although the ini- Federal Government back involved in Specifically, on the sugar debate, tiative purports to be community led, disaster bills year after year. which we anticipate once again will I am very pleased in this bill that we it is the Federal agencies involved that come during the amendment stages, I continue our commitment as far as ag- will dominate the process and could received a communication today, ricultural research. This really is the well dictate to property owners how which I know I cannot insert in the future for agriculture. It is the basic they can use their land. RECORD at this point, but I would like research we need, especially in my dis- If this occurs, we could see a severe to read from portions of it. It came trict where we are challenged by so erosion of the property rights guaran- from the American Sugar Alliance and many environmental concerns today, teed to American citizens under the is addressed to Members of Congress. It with some of the hog lots and those Constitution. A prime example of this types of situations. is signed in particular by a large num- would occur in the West, where re- The bill also continues to fund mar- ber of organizations, but I wanted to stricting cattle from streams, their keting export promotion programs that cite one in particular, Gay & Robinson, only water supply, would create enor- are absolutely critical. We talk about of Hawaii, who is a sugar producer on mous uncompensated losses for ranch- having free and open trade. While that the Island of Kauai, whose future will ers. is the case, and we would like to get to be intimately affected by the outcome The administration is advancing this that point, we are not there yet, so we of the debate on sugar, if there should initiative without sufficient input from do need the Federal Government in- be one. Congress, and this concerns many of us volved as far as having a way of com- Sugar cane and sugar beet growers, greatly. The American people have not peting in the marketplace around the this letter says, in 17 States, went to been granted a say about what is going world. their bankers last year to get financ- on here. The agencies involved are cur- I am very pleased too that this bill ing, which they were able to achieve rently planning to reprogram funds for includes funding for the President’s because of the passage of a 7-year farm purposes that were not authorized or food safety initiative, the meat and bill. In the middle of all of this effort, appropriated by Congress. we are now being threatened with the poultry inspection, and enforcement of b 2045 the FDA tobacco regulations aimed at possibility of this program coming to a reducing youth smoking. It also con- halt. We are all aware that the justifica- tinues the bipartisan effort to support The sugar producers pay back their tion for creation of the program can be the WIC Program and holds the line on loans with interest, and that is why it found in the words ‘‘There is no new Federal spending. is so unfair for people who attack this money involved.’’ However, the re- I think everyone should understand program to suggest that we have a sub- programming of funds to pay for an ini- in the small portion of this agriculture sidy and that we are costing the tax- tiative where the voices of the Amer- appropriations bill that actually goes payers money. In point of fact, we are ican people have not been heard is sim- to farmers, we are at a level of about 20 producing about $40 million each year. ply not acceptable. percent of where we were 10 years ago The giant food manufacturers are the Until Congress has reviewed this ini- in support for agriculture directly. I ones that are attacking this program tiative and the agencies have provided would challenge any other agency in because they want to see foreign sub- sufficient budget justification material this Government to take those kinds of sidized sugar dumped into our markets as well as substantial protections for severe cuts and still have an industry in order for them to increase their private property rights, I am proposing out there that prospers and grows. profits. So I hope that in the course of that Congress in general, and the Com- We have finally unleashed the power the debate on the amendments that we mittee on Agriculture Appropriations of agriculture in America with the will rely on what we did last year and in particular, withhold any funds for July 16, 1997 CONGRESSIONAL RECORD — HOUSE H5377 implementation of the American Herit- Idaho [Mrs. CHENOWETH] have raised a have begun the process of making this age Rivers Initiative. very important issue. The committee a more responsible piece of legislation. I appreciate the work of the chair- shares their concern; and in its report It has already begun, and I assure the man on behalf of private property accompanying the bill, it addresses gentlewoman that we are going to rights, but I remain concerned that this issue with respect to the Natural work together to make sure that this there are no concrete protections for Resources Conservation Service. And Heritage system is conducted properly property rights. Any assurances that in the report, we have directed the and in the right way, with the proper the chairman could provide that no re- agency to enhance its accountability of safeguards. programming requests will be enter- appropriations. And we would like very much to have tained by the committee until all ques- To underscore how serious this mat- her river designated, but our river we tions have been answered and private ter is, we have prohibited the agency are going to have to fight every inch, property rights have been protected from using funds to support the Amer- because water is water in our part of would be greatly appreciated. ican Heritage Rivers Initiative, as well the country, and there is no substitute. Mrs. CHENOWETH. Mr. Chairman, as other similar administration- Ms. KAPTUR. Mr. Chairman, I in- will the gentleman yield? hatched initiatives, until justification quire as to the time on both sides. Mr. SMITH of Texas. I yield to the is provided and the programming and The CHAIRMAN. The gentlewoman 1 gentlewoman from Idaho. reprogramming requests are approved from Ohio [Ms. KAPTUR] has 7 ⁄2 min- Mrs. CHENOWETH. Mr. Chairman, I by Congress. utes remaining, and the gentleman 1 appreciate the gentleman from Texas My colleagues can be certain that I from New Mexico [Mr. SKEEN] has 8 ⁄2 [Mr. SMITH] bringing this matter to the have the same concerns as the gen- minutes remaining. Ms. KAPTUR. Mr. Chairman, I yield attention of the Members. I, too, have tleman from Texas [Mr. SMITH] and 1 minute to the distinguished gen- grave concerns about the Clinton ad- others and will not agree to funding tleman from Pennsylvania [Mr. ministration’s American Heritage Riv- this program until we can be com- MCHALE]. ers Initiative. There are so many pletely assured that there are adequate Mr. MCHALE. Mr. Chairman, I rise in things wrong about both the program protections for private property rights. strong support of the American Herit- and the process by which it was In response to me and as one of the age Rivers Initiative and in sharp con- brought forth that we simply do not steps in the right direction, the admin- trast to the comments that were made have time to go into the details now. istration has agreed to add the follow- previously by the gentlewoman from But I wholeheartedly agree with the ing to the final version of the initia- Idaho [Mrs. CHENOWETH], my friend and gentleman from Texas [Mr. SMITH]. tive: ‘‘In implementing the American colleague. Yesterday, the full House Committee Heritage Rivers Initiative, Federal de- As indicated by the gentlewoman on Resources met and held a hearing partments shall act with due regard for from Idaho [Mrs. CHENOWETH] in her on this very proposal. It was very in- protection of private property provided comments, the American Heritage Riv- teresting, and I learned that this so- by the fifth amendment to the United ers Initiative was a subject of a full called initiative will cost the taxpayers States Constitution.’’ hearing yesterday of the Committee on millions and millions of dollars every In addition to this, the Council on Resources. There is now an extended year, and yet Congress has never au- Environmental Quality has given nu- comment period for public participa- thorized nor appropriated funds for the merous assurances that they will con- tion. American Heritage Rivers Initiative. tinue to work with me in clarifying Today’s debate and the legislation in- And the last time I checked, we were and protecting property rights and ag- troduced by the gentlewoman from still the responsible party for authoriz- riculture. However, the gentleman Idaho [Mrs. CHENOWETH] amply dem- ing and appropriating money for new from Texas [Mr. SMITH] has my assur- onstrates that there will be a full legis- programs. But what this does mean is ance that I have no intention of enter- lative role in this process. There is no that other programs, such as Bureau of taining any reprogramming requests new bureaucracy under this program, Land Management, Fish and Wildlife until outstanding questions and prob- no new statutory authority given in Service, Forest Service programs, that lems with the American Heritage Riv- terms of land use policy to the admin- already have been authorized and ers Initiative have been sufficiently ad- istration. money appropriated for those author- dressed. The initiative for inclusion in this ized programs, are being robbed by the Ms. KAPTUR. Mr. Chairman, will the program is purely local and voluntary. American Heritage Rivers Program on gentleman yield? I would suggest to the gentlewoman line. And this was from testimony by Mr. SKEEN. I yield to the gentle- from Idaho [Mrs. CHENOWETH] that if Mrs. McGinty and Secretaries Bruce woman from Ohio. her community does not wish to par- Babbitt and Dan Glickman. Ms. KAPTUR. I want to just ask the ticipate, I respect that, but that she When we are desperately striving to gentleman a question if I might. not block those efforts and those inter- meet our existing obligations and com- Just for clarification purposes, in the ests locally generated in communities, mitments, when we ask the American report that accompanies our bill, we such as my own, to have 10 rivers na- people to once again tighten their did direct the administration with the tionwide designated for participation belts, and when we continue to spend following language: ‘‘Funds for these in this program. into our grandchildren’s money and initiatives are not available until jus- I represent a community of 70 dif- into their future by engaging in deficit tification and reprogram requests are ferent municipalities. We are attempt- spending, I have to ask if this is the approved.’’ ing to restore a river; and in that ef- best use of the taxpayers’ money. So I think we put language in the re- fort, we seek a Federal voluntary part- I think, instead, it is sort of like say- port accompanying the bill to put our nership. ing, well, if the peasants do not have subcommittee directly in oversight Mr. SKEEN. Mr. Chairman, I yield 2 bread, let them eat cake. No, this is over what is happening. And I will say minutes to the gentleman from Wash- not a priority to the American people, to the chairman of our subcommittee, I ington [Mr. NETHERCUTT]. because it tramples on States’ rights. was hoping our community could get Mr. NETHERCUTT. Mr. Chairman, I And to this end, I introduced H.R. 1842, one of these designations. We have sev- rise today in support of H.R. 2160. I a bill to stop this ill-conceived pro- eral rivers we need help on. But I look thank the gentleman from New Mexico posal. And I note that the gentleman forward to working with the gentleman [Mr. SKEEN], the chairman, and the en- from Texas [Mr. SMITH] is a cosponsor, on the language as we move to con- tire committee and subcommittee, and I thank him very much for raising ference. which has worked so hard to formulate this ill-conceived program to the at- The CHAIRMAN. The time of the this bill that should be supported by all tention of the Members. gentleman from New Mexico has ex- Members of the House. Mr. SKEEN. Mr. Chairman, I yield pired. We have worked diligently to make myself 2 minutes. Mr. SKEEN. Mr. Chairman, I yield sure that our Nation protects the food The gentleman from Texas [Mr. myself 1 minute. The gentlewoman we eat, ensures the safety of prescrip- SMITH] and the gentlewoman from from Ohio [Ms. KAPTUR] is correct. We tion drugs and medical devices used H5378 CONGRESSIONAL RECORD — HOUSE July 16, 1997 every day in our homes and local hos- our elderly and our children and our Mr. SKEEN. If the gentleman will pitals and we make certain that chil- women. continue to yield, once again, the an- dren who are most in need receive food Mr. SKEEN. Mr. Chairman, I yield swer is yes. and care and our neediest school chil- one minute to the gentleman from Mr. SKEEN. Mr. Chairman, I yield dren are provided food during the Georgia [Mr. KINGSTON]. one minute to the gentleman from Ne- school year. Mr. KINGSTON. Mr. Chairman, I rise braska [Mr. BEREUTER]. This bill maintains agriculture re- in support of this bill. It is very impor- (Mr. BEREUTER asked and was search and foreign market develop- tant for us to realize what we are doing given permission to revise and extend ment programs that will enable our with American farm policy. Two per- his remarks.) farmers to expand trade and access as cent of Americans are farmers, and yet b 2100 we transition from farm payments to they feed all 100 percent of us, plus Mr. BEREUTER. Mr. Chairman, I self-sufficiency. Although important to many, many other people throughout rise in support of the legislation. I the Pacific Northwest, the research the globe. want to commend the chairman and projects contained in this bill benefit Our farm bill always gets criticized the ranking member for an outstanding all of America. for the research, for the programs, and job in meeting the Nation’s agri- I also want to make sure that the so forth. And yet within those pro- culture, agribusiness, rural housing body knows that we have been careful grams is a very strong delivery system. and small community housing and de- to write legislation that considers the As convoluted as it may seem, so often velopment programs with limited re- taxpayer and the long-term goals of ag- it makes sense when the fact that very, sources. I am particularly appreciative riculture. We are going to reduce the very few people in America go to bed of some assistance for the Midwest Ad- amount of pesticides used on crops by hungry, and it makes even more sense vanced Food Manufacturing Alliance, helping to develop insect resistance when we realize that through the inter- 12 major leading universities plus cor- plants and develop new methods of dis- national programs, less go to bed hun- porations; a quarter of a million dol- ease and pest controls. So the environ- gry than they would without these pro- lars for a very special and detrimental mental benefits in this bill are enor- grams. disease affecting grain sorghum; for We have had skirmishes. We are mous, not only to farmers but consum- drought mitigation research projects; going to have skirmishes on peanuts, ers as well. and for various CSRS projects at the I know we will have a good debate to- on sugar, on tobacco, on the market University of Nebraska. morrow on the issue of defunding. Cer- access programs, and on a number of Also I want to say to the gentleman, tain members of the Farm Service other things. Yet, through it all, we the gentlewoman and also to the Agency, that was my amendment, and must remember that we are feeding former member, Mr. DURBIN, that I I look forward to that debate, because Americans with this bill and, finally, think that the loan guarantee pro- that debate will be all about account- we are doing it at less dollars than we grams for housing, like the 502 program ability. It will require that Govern- have ever in the past. and the demonstration for the 538 pro- ment officials acts fairly to all States, Ms. KAPTUR. Mr. Chairman, I yield gram, are working well. I appreciate all regions of the country, and that myself as much time as I may their continued support and again I they administer programs according to consume, and I would like to inquire of thank them for the tremendous work. their charge, and that they do so fairly the Chair on time remaining. Mr. Chairman, I include the following 1 and equitably to all farmers. The CHAIRMAN. Each side has 5 ⁄2 letter for the RECORD: We have heard a lot of talk in this minutes remaining. CONGRESS OF THE UNITED STATES, body about fairness and expectations of Ms. KAPTUR. Mr. Chairman, I yield HOUSE OF REPRESENTATIVES, COM- Government agencies to do what they one minute to the gentleman from MITTEE ON APPROPRIATIONS, should do under the law. This is a good North Carolina [Mr. MCINTYRE]. Washington, DC, July 9, 1997. example and we will have a good Mr. MCINTYRE. Mr. Chairman, I Hon. DOUG BEREUTER, chance to debate the whole issue to- thank the gentlewoman for yielding me House of Representatives, Washington, DC. the time. DEAR DOUG: Earlier you wrote me regard- morrow about what is fair and what is ing funding for several Department of Agri- not and about what consequences there Mr. Chairman, I would like to ask culture special research grants. should be to Federal officials who do the gentleman from New Mexico [Mr. I am pleased to say that the FY 1998 Agri- not do their job. SKEEN], the chairman of the Sub- culture Appropriations Bill reported by the So I urge all Members to support this committee on Agriculture Appropria- Committee includes $300,000 for the Alliance bill. tions, if he would engage me in a col- for Food Protection in Nebraska and Geor- Ms. KAPTUR. Mr. Chairman, I yield loquy. gia, $200,000 for drought mitigation in Ne- 1 minute to the gentlewoman from New Mr. Chairman, it is my understand- braska, $42,000 for the Food Processing Cen- ing that the sum of approximately $24 ter in Nebraska, $423,000 for the Midwest Ad- York [Mrs. MCCARTHY]. vanced Food Manufacturing Alliance, $64,000 Mrs. MCCARTHY of New York. Mr. million has been appropriated to the for Nonfood Agriculture Products in Ne- Chairman, I thank the gentlewoman Food and Drug Administration for the braska, and $59,000 for Sustainable Agri- for yielding me the time. purpose of implementing new regula- culture Systems in Nebraska. Of the $141 million provided for the tions concerning tobacco sales to mi- I hope we will have not only your vote, but commodity assistance program, I un- nors. In light of the fact this funding also your personal support when the bill is derstand that the committee intends represents a $20 million increase over considered by the House. $96 million specifically for the com- similar funding in the prior fiscal year Sincerely, JOE SKEEN, modity supplement food program, budget, I would ask the chairman if it Chairman, Subcommittee on Agriculture, CSFP, to ensure that there is no reduc- is his understanding and the under- Rural Development, Food and Drug tion in current caseload. Is this cor- standing of those on the committee Administration. rect? that none of this funding is to be used Ms. KAPTUR. Mr. Chairman, I yield Ms. KAPTUR. Mr. Chairman, will the to monitor or regulate the growing, 1 minute to the gentleman from Illi- gentlewoman yield? cultivating, or use of raw tobacco? nois [Mr. POSHARD]. Mrs. MCCARTHY of New York. I Mr. SKEEN. Mr. Chairman, will the Mr. SKEEN. Mr. Chairman, I yield 1 yield to the gentlewoman from Ohio. gentleman yield? minute to the gentleman from Illinois Ms. KAPTUR. Yes, the gentlewoman Mr. MCINTYRE. I yield to the gen- [Mr. POSHARD]. from New York [Mrs. MCCARTHY] is tleman from New Mexico. The CHAIRMAN. The gentleman correct. Mr. SKEEN. The answer to that ques- from Illinois is recognized for 2 min- Mrs. MCCARTHY of New York. Re- tion is, yes. utes. claiming my time, I thank the gentle- Mr. MCINTYRE. Reclaiming my Mr. POSHARD. Mr. Chairman, I wish woman; and I want her to know, as a time, furthermore, is it the commit- to engage the chairman of the sub- new Member, I did not know anything tee’s expectation that this authority committee in a colloquy. about agriculture, and now I see it should remain exclusively with the Mr. Chairman, I am particularly con- working in my community and feeding U.S. Department of Agriculture? cerned with the effect of additional July 16, 1997 CONGRESSIONAL RECORD — HOUSE H5379 cuts in Farm Service Agency funding at USDA with expertise in lettuce Mr. BARCIA. I thank the gentleman. on staff positions in my district and breeding? The subcommittee also provided across the country. Mr. SKEEN. Mr. Chairman, will the $727,000 for global climate change re- Can the gentleman describe to me gentleman yield? search. My understanding is that this the impact this funding decrease will Mr. FARR of California. I yield to funding will allow the Consortium for have on FSA county jobs, in addition the gentleman from New Mexico. International Earth Science Informa- to county office closures and the abil- Mr. SKEEN. I tell the gentleman tion Network to continue the agricul- ity of the FSA to adequately serve the from California [Mr. FARR] that, yes, I tural related work that they already needs of our Nation’s farmers? agree that the lettuce farmers would be have under way with ARS. Does the Mr. SKEEN. Mr. Chairman, will the greatly aided by the filling of this posi- gentleman share my understanding? gentleman yield? tion. Mr. SKEEN. Again the gentleman Mr. POSHARD. I yield to the gen- Mr. FARR of California. I thank the from Michigan is correct. We funded tleman from New Mexico. gentleman. this portion of the request of the Agri- Mr. SKEEN. Let me first assure the Would the gentleman agree that the cultural Research Service. gentleman that I have worked closely research for such a specific crop be con- Mr. BARCIA. I thank the gentleman with the Department of Agriculture in ducted in the Salinas Valley? for his assistance and for his answers arriving at the current appropriation Mr. SKEEN. Once again in the af- and also thank the gentlewoman from firmative, yes, it is important that the level. I am satisfied that, although less Ohio [Ms. KAPTUR], the distinguished money will be allocated to the FSA research be conducted in the field ranking member of the subcommittee. under this bill, the funding level will under real farm conditions for the best Ms. KAPTUR. Mr. Chairman, I yield not result in more office closings than achievable and quantifiable results. the balance of my time to the gen- was planned and agreed to by Congress Research in the field is where farmers tleman from Texas [Mr. STENHOLM], in the Reorganization Act of 1994. The will have quickest access to break- the extremely talented, knowledgeable reason we are able to use less funds through technology. and experienced ranking member of the here is due to erroneous assumptions in Mr. FARR of California. Mr. Chair- authorizing committee. the President’s budget regarding FSA’s man, I appreciate the gentleman’s The CHAIRMAN. The gentleman commitment and the commitment of nonsalary funding needs as well as a from Texas is recognized for 11⁄2 min- higher than expected staff year reduc- the committee in directing USDA to utes. tion by FSA in the months since sub- fill this vacant research position at the Mr. STENHOLM. I thank the gentle- mission of the President’s budget. Salinas Valley ARS station to ensure woman for yielding me this time. Mr. POSHARD. Although I continue that the final bill will include funding Mr. Chairman, I join in commending to harbor doubts about the effect of for this ARS position to support onsite the gentleman from New Mexico [Mr. these cuts, I will accept the gentle- lettuce research. SKEEN], the chairman of the sub- Mr. SKEEN. It is my pleasure to as- man’s response. However, Mr. Chair- committee, and the gentlewoman from sist the gentleman in this endeavor, man, I must also express my serious Ohio [Ms. KAPTUR], the ranking mem- and I appreciate his commitment to concerns regarding the effects of the ber, for the excellent work that they good agricultural research. initial cuts to FSA which were in- have done as well as the gentleman Mr. FARR of California. Mr. Chair- cluded in the 1994 act. The impact of from Louisiana [Mr. LIVINGSTON], man, I thank the gentleman, and I look these cuts is ongoing and I believe that chairman of the full committee, and forward to supporting him on this the hardships that they have caused in the gentleman from Wisconsin [Mr. great, important bill. OBEY] the ranking member. the form of job loss, office closures and Mr. SKEEN. I thank the gentleman. Working on the agricultural appro- the potential for decreased service We can sure use it. priation bill cannot be fun. We have so availability must be addressed and Ms. KAPTUR. Mr. Chairman, I yield many needs and so many limited re- should be limited as effectively as pos- 1 minute to the gentleman from Michi- sources that the pressures are great, sible in the future. gan [Mr. BARCIA]. Mr. SKEEN. I thank the gentleman Mr. SKEEN. Mr. Chairman, I yield 30 but they have done a good job and I for sharing his concerns with this body. seconds to the gentleman from Michi- rise in strong support of H.R. 2160. I have only one negative remark to I will continue to work with him to en- gan [Mr. BARCIA]. sure that any changes within FSA are The CHAIRMAN. The gentleman say about the work, and that was it has one blemish. The Nethercutt amend- made equitably and with the serious from Michigan is recognized for 11⁄2 consideration befitting such an issue. minutes. ment, I think, was unfortunate. It will, Ms. KAPTUR. Mr. Chairman, I yield Mr. BARCIA. Mr. Chairman, I rise to as the gentleman from Washington 1 minute to the gentleman from Cali- engage in a colloquy with the distin- [Mr. NETHERCUTT] mentioned a mo- fornia [Mr. FARR]. guished chairman of the subcommittee, ment ago, be debated in full tomorrow, Mr. SKEEN. Mr. Chairman, I yield 30 the gentleman from New Mexico [Mr. and I hope that the full House will join seconds to the gentleman from Califor- SKEEN] to verify the committee’s in- in striking this amendment. It has no nia [Mr. FARR]. tent with respect to two Agricultural place in a bill of the nature of which we The CHAIRMAN. The gentleman Research Service projects. are talking about today. But all in all from California is recognized for 11⁄2 Mr. Chairman, the committee has it is a good bill. minutes. provided an increase of $500,000 for The gentleman from New Mexico [Mr. Mr. FARR of California. Mr. Chair- vomitoxin research, a matter of great SKEEN] has done a great job again in man, I rise to thank the distinguished importance to many of my wheat grow- putting together as best we can to chairman of this incredible committee ers and millers. With this increase, will meet the needs of the number one in- that has one of the most important ARS be able to subcontract with uni- dustry in the United States. If one jobs in all of Congress because it is so versities to undertake portions of a eats, he is involved in agriculture. It is diverse to have to deal with all the is- broad research plan that I know was something we have heard our col- sues of agriculture. I rise in support of brought to the subcommittee’s atten- leagues from the urban areas talk a very important issue to American tion by myself and several of my col- about tonight, coming to realize that specialty crop growers. leagues? food production is extremely important As the gentleman knows, for 4 years Mr. SKEEN. Mr. Chairman, will the to all of us. The authorizing committee the Salinas ARS station, located in the gentleman yield? does not have very many problems this heart of the largest vegetable produc- Mr. BARCIA. I yield to the gen- year with the appropriators, and that tion area in the United States, has tleman from New Mexico. in itself is saying quite a bit here been without a research scientist, to Mr. SKEEN. The gentleman is cor- today. the detriment of the lettuce industry. rect. ARS could use existing authority Mr. Chairman, I look forward to the Does the gentleman agree that the and these funds to contract with uni- debate tomorrow and helping to defeat lettuce farmers would be greatly aided versities to undertake appropriate por- many of the amendments that some of by filling this position with a scientist tions of their proposal. our colleagues will be offering which H5380 CONGRESSIONAL RECORD — HOUSE July 16, 1997 they have every right to do, but I think tablished under the farm bill. It provides fund- However, section 334 of the 1996 farm bill we have to keep together the basic ing for the delivery of federal crop insurance. states that the purposes of EQIP are to ``com- structure of agriculture as intended It provides funds for the conservation pro- bine into a single program the functions'' of under the farm bill and with the intent grams which are an increasingly important the agricultural conservation program, the of the appropriators and the work that focus of the mission of USDA. The bill also Great Plains conservation program, the water they have done. I look forward to sup- funds important programs that will help rural quality incentives program and the Colorado porting them in that endeavor. communities address the substantial economic River Basin Salinity Control Program. Mr. Chairman, H.R. 2160 is an important bill challenges they face. While these individual programs are no which funds the operations of the Department I am concerned about the impact the fund- longer authorized, the intent of the Agriculture of Agriculture, the Food and Drug Administra- ing level provided will have on Natural Re- Committee and the conferees was very clear tion, the Commodity Futures Trading Commis- sources Conservation Service [NRCS] as well in last year's farm bill, in that this new pro- sion, and the many functions of those agen- as the restrictions that the bill places on the gram was intended to carry out the same cies. The Department of Agriculture is an im- amount of funds that can be transferred for types of practices as the repealed programs. portant partner to our nation's farmers and technical assistance work. The Department is expected to do this in a ranchers, and with this bill Mr. SKEEN, Ms. According to the Department of Agriculture, way that maximizes the environmental benefits KAPTUR, Mr. LIVINGSTON, Mr. OBEY, and the the impact of the level of funding that was pro- per dollar expended, as well as take into ac- other Members of the Appropriations Commit- vided for NRCS salaries and expenses in the count regional priority areas and the signifi- tee have recommended a bill that carefully committee-passed bill would result in cutting cance of the environmental problems being balances program priorities. NRCS employment by 500 staff yearsÐover addressed. Mr. Chairman, agriculture is our Nation's and above the personnel reductions that will Mr. Chairman, I believe combining the cost- most basic industry. Every day, slightly over 2 occur from the absorption of projected pay in- share programs in the farm bill was a bold million farmers are laboring to produce food to creases, inflation, and retirement costs that step which should prove to be beneficial in the feed a nation of 265 million people and much this bill requires of all agencies within the De- long term. However, I am concerned that be- of the world. In 1996, our nation exported $60 partment. cause of the limited amount of resources billion worth of agricultural products and our It is my understanding the Senate's Agri- available and the great number of pressing trade balance in agricultural products was a culture Appropriations Subcommittee rec- needs throughout the country, we may have a positive $25 billion. The House considers this ommends a higher level of funding for con- situation where some types of activities may bill today under a backdrop of both uncertainty servation operations than H.R. 2160. It is my no longer be considered important, even and opportunity over the prospects for the hope the conference agreement will yield a though they may have legitimate conservation business of agriculture. Milk prices are at 5- level sufficient to ensure that NRCS is able to benefits. year lows, wheat prices have fallen by more carry out vital mandated conservation activi- Mr. Chairman, we should not tie the admin- than half since a little more than a year ago, ties. istration's hands in terms of the flexibility and corn prices are not much better. With regard to the NRCS funding situation, needed to respond to arising needs. Obvi- At the same time, government financial sup- Committee on Agriculture needs to deal with ously, if the program does not meet port for agriculture is declining under the 1996 what I believe was an unintended con- expections, we can legislate changes. How- farm bill and the income certainty which once sequence of language included in the 1996 ever, we should preserve a certain degree of came with government programs for major farm bill. Section 161 of that bill to the extent administrative flexibility as well. I believe that some lesser-known conserva- crops no longer exists. Adjustments to these it imposes a limitation on transfers for activi- tion programs that have been carried out over changes in conditions are occurring at a rapid ties under the Commodity Credit Corporation the years have yielded this country a great pace as farm numbers shrink and concentra- Charger Act proven to have detrimental effects deal of benefit, and I want to ensure that this tion in agriculture grows. on the ability to provide adequate reimburse- continues to be the case. Mr. Chairman, the economic upheavals that ment for NRCS activities such as the agency's In my district, dairy farmers are striving pose such a serious challenge to our farm role in the Conservation Reserve Program mightily to comply with environmental require- families are closely paralleled by general con- sign-ups. ments. We must do all we can to ensure that ditions in the rural economy. As farming re- Mr. Chairman, I raise these issues because areas with specific needs have access to the sources become concentrated into fewer I am concerned about the fact that in terms of programs and funding needed to meet particu- hands, we also see a comparable trend in the real dollars we are spending less today on lar, legitimate conservation and environmental rural industries closely associated with farming conservation activities on private land than we activities. and rural life. Farm product processing facili- did back in 1937. In constant dollars, we in- Mr. Chairman, this is a good bill overall but ties, rural retailers, and providers of financial vested 6 percent of the 1937 Federal budget it does have one significant blemish. The Ap- services have become fewer and larger. In for USDA conservation programs. Spending propriations Committee adopted an amend- many instances, those towns which tradition- on USDA conservation programs in 1996 was ment designed to eliminate the jobs of the Ad- ally served as trade centers are being by- 0.17 percent. ministrator and Deputy Administrator for Farm passed. The subsequent challenges to the By contrast, the appropriation for the Farm Programs of the Farm Services Agency. As I leaders of those communities are truly pro- Services Agency [FSA] salaries and expenses understand it, the amendment stemmed from found. represents a level of funding sufficient to run the dissatisfaction of its sponsor with a policy Our Nation's important focus on the quality the Agency at the Administration's proposed decision related to the Conservation Reserve of our natural environment is one that is 1998 level of staffing. The FSA work force has Program. Frankly, by the trivial approach shared by our nation's farmers. The 1996 farm been reduced by more than 500 staff years in taken by my colleagues on the committee. bill made important changes in programs fiscal year 1997 since the President's budget This provision is particularly unworthy in light meant to assist farmers and coordinate efforts was submitted. This reduction in personnel, of the important and profound work accom- to promote environmental health. Our policies along with lower nonsalary budget needs, plished by this legislation in so many other work best when priorities set in Washington means that FSA requires $44 million less areas. are closely coordinated with the natural inter- funding in 1998 than the administration's Feb- Mr. Chairman, I intend to offer an amend- est the farmer and rancher have in promoting ruary request, and will mean staffyears can be ment to strike this provision from the bill, and the health and productivity of the soil and the reduced by 1,000 instead of the 2,000 I hope my colleagues will join with me to ac- safety of our food supply. staffyear reduction included in the President's knowledge that there are better ways to re- Mr. Chairman, these trends in farm and budget. spond to adverse administrative decisions rural economies pose significant challenges to Mr. Chairman, I have a very real concern than to eliminate the jobs of Department offi- the rural communities of our Nation and to about language that was included in the Com- cials. those of us who serve them. H.R. 2160 will mittee report regarding NRCS's implementa- Finally, Mr. Chairman, it appears that once provide the Agriculture Department with the tion of the Environmental Quality Incentives again we will use the annual agriculture appro- resources it needs to address the challenges Program [EQIP], specifically the allocation for- priations process to debate the merits of sev- facing rural America. Under the bill, funding is mula that was used to determine each State's eral farm bill programs. While the House has provided for cooperative efforts in agricultural share of EQIP funds. the ability to address these issuesÐand did so researchÐthe key to sustained economic via- The report indicates that EQIP funds were during debate on the farm billÐthrough the bility for agriculture. It provides funding for the distributed based on historical allocations for normal legislative process, we will again re- administration of the basic farm programs es- programs which are no longer authorized. hash these debates today. July 16, 1997 CONGRESSIONAL RECORD — HOUSE H5381 Mr. Chairman, our colleagues continue to been the final Federal funding component for comparisons among 11 major industries, agri- challenge farm programs in spite of the evi- an important integrated pest management re- culture ranked No. 1 as the leading positive dence of their success. Ours is the best-fed search facility at the University of California at contributor to the U.S. merchandise trade bal- nation in the world. Our food is delivered to us Davis. ance. in return for a lower percentage of disposable A new pest is introduced into California As domestic farm supports are reduced, ex- income than any other industrial nation in the every 60 days, and it is imperative that we port markets become even more critical for the world. Nonetheless, Mr. Chairman, we will have the up-to-date facilities to develop effec- economic well-being of our farmers and rural hear today the sad story of how our Nation's's tive methods to deal with them. This facility communities, as well as suburban and urban family farms are somehow managing to take will support and accelerate research needed areas that depend upon the employment gen- advantage of the enormous candy-manufactur- for environmentally compatible pest manage- erated from increased trade. ing conglomerates. ment strategies. Agriculture exports strengthen farm income. Mr. Chairman, I hope my colleagues will pay Institutions who benefit from these fundsÐ Agriculture exports provide jobs for nearly a careful attention and will acknowledge the such as the University of California at DavisÐ million Americans. many reforms made to our program in the are required to provide a specific and verifi- Agriculture exports generate nearly $100 bil- 1996 farm bill, and stand against these able cost-share. So this program represents a lion in related economic activity. amendments which, if adopted, would greatly real commitment by State governments and Agriculture exports produce a positive trade diminish the standing of an otherwise excellent the Federal Government to developing the balance of nearly $30 billion. piece of legislation. successful agriculture strategies of the future. MAP is critical to U.S. agriculture's ability to Mr. Chairman, I thank my colleague for the I understand the desire by the committee to develop, maintain and expand export markets time, and I again wish to commend the Com- phase out and halt this funding over time. in the new post-GATT environment, and MAP mittee on Appropriations and its leadership for However, I believe we have a responsibility to is a proven success. the excellent work they have done on this im- States that have put up hard matching dollars In California, MAP has been tremendously portant bill. in good faith and whose projects are within a successful in helping promote exports of Cali- Mr. FAZIO of California. Mr. Chairman, I rise reasonable range of funding for completion. fornia citrus, raisins, walnuts, prunes, al- in support of H.R. 2160, the Agriculture appro- Since the bill lacks funding in this account, I monds, peaches and other specialty crops. priations bill for fiscal year 1998. was disappointed that the committee voted We have to remember that an increase in First, I need to thank my chairman, JOE along partisan lines to single out the building agriculture exports means jobs: a 10 percent SKEEN, and the ranking Democrat, MARCY at Auburn for special consideration. increase in agricultural exports creates over KAPTUR, for their work and assistance this Despite some of these reservations, I sup- 13,000 new jobs in agriculture and related in- year. This is my first full year on the sub- port the bill and I think JOE SKEEN and MARCY dustries like manufacturing, processing, mar- committee, and I have enjoyed participating in KAPTUR have done a good job under demand- keting and distribution. our budget oversight hearings and offering a ing circumstances. For every $1 we invest in MAP, we reap a much-needed California perspective. I have particular praise for several items of $16 return in additional agriculture exports. In The work of our subcommittee was nearly short, the Market Promotion Program is a pro- doubled this spring because of our consider- importance to California agriculture and to my gram that performs for American taxpayers. ation of the supplemental appropriations bill. I district. First, the bill has fully funded the President's Third, the committee has continued to pro- want to commend JOE SKEEN in particular for vide the greatest possible funding for research his inclusive manner during those proceed- proposed food safety initiativeÐor, I should say, comes within $200,000 of fully funding stations of the Agricultural Research Service, ingsÐhe included JIM WALSH and me in his and through the special grants and competi- deliberations on the agriculture components of the President's initiative. We include funds for tive grants in the Cooperative State Research that bill because we were conferees on the bill the Food and Drug Administration to improve Education and Extension Service. representing other subcommittees, and that surveillance, upgrade research and inspec- I am particularly grateful that funds have spirit is evident throughout this bill as well. tions, and perform increased risk assess- H.R. 2160 is not a perfect bill. In fact, it con- ments. We also provide funds for the Food been provided in support of our nutrition re- tinues an alarming trend in providing the abso- Safety and Inspection Service to increase re- search centers. These centers will play an im- lute minimum resources to USDA to run the lated surveillance and inspections. In addition, portant role in the food safety research that Farm Service Agency, the Natural Resources the food safety initiative increases related re- will be a vital part of the food safety initiative. Conservation Service, and the rural develop- search in both the Agricultural Research Serv- Funds have also been provided to begin the ment agencies and other important agencies ice and the Cooperative State Research Edu- move of the Western Human Nutrition Re- in order to fund some other significant initia- cation and Extension Service. search Center to the campus of the University tives. This is a promising initiative, and it is an of California at Davis. I believe its location For example, we have done a good job in area of increasing importance to the health there, along with one of the preeminent nutri- proposing increases for the President's initia- concerns of American consumers. I am very tion programs in the nation as well as our ag tives in the area of food safety and youth to- happy to have had a part in pushing this initia- and medical schools, will provide the synergy bacco prevention, as well as increasing re- tive forward, and I commend our chairman necessary to make important research strides sources for competitive research and for the and other members of our committee for en- in the years to come. operations of the Food and Drug Administra- suring that it is funded in a year when our ag- There are other research areas of impor- tion. We've increased WIC although not as riculture budget is under considerable stress. tance to California, including alternatives to much as the administration requested. We Second, the bill provides funds mandated by the use of methyl bromide, PM±10 particulate have also funded the administrative costs of the Agriculture Committee for the Market Ac- air quality research, sustainable agriculture crop insuranceÐa new responsibility handed cess Program [MAP]. practices, and alternatives to rice straw burn- to us by the 1996 farm bill. I anticipate that this program will come ing. Certainly our future success in agriculture, However, those increases have come at the under attack again this year by an amendment especially market-oriented agriculture as envi- expense of many of the Department of Agri- seeking to eliminate it. sioned by the 1996 farm bill, will require an culture's normal operations, where we have But there is probably no more important tool on-going commitment to research if we are to actually reduced salaries and expenses for for export promotion than MAP. In California, maintain the U.S. lead. many agencies. Over time, this can only have where specialty crop agriculture is the rule, ex- In summary, this is a fair bill given the many a detrimental effect for the services that many port promotion is extremely important. needs and many issues within the committee's of our farmers and others expect from USDA. Agriculture exports climbed to $59.8 billion jurisdiction. I commend Chairman JOE SKEEN We also had some contentious debate in in fiscal year 1996Ðup some $19 billion or and Ranking Member MARCY KAPTUR for their the full committee and some unfortunate party close to 50 percent since 1990. In an average leadership in support of American agriculture, line votes on some less consequential mat- week this past year, U.S. producers, proc- and I urge my colleagues to support H.R. ters. I was particularly disappointed in one essors and exporters shipped more than $1.1 2160, the Agriculture appropriations bill for fis- amendment adopted in the committee that billion worth of food and farm products to for- cal year 1998. added report language recommending that up eign markets, compared with about $775 mil- The CHAIRMAN. All time for general to $4.75 million be made available for a build- lion per week at the start of this decade. debate has expired. ing at Auburn University. The overall export gains raised the fiscal Mr. SKEEN. Mr. Chairman, I move Actually, I support a limited amount of fund- year 1996 agricultural trade surplus to a new that the Committee do now rise. ing in this account. My highest priority has record of $27.4 billion. In the most recent The motion was agreed to. H5382 CONGRESSIONAL RECORD — HOUSE July 16, 1997 Accordingly the Committee rose; and Now we got a big debate going on Mr. FOX of Pennsylvania. You are the Speaker pro tempore (Mr. SHIMKUS) that you may hear about, about the tax absolutely right. having assumed the chair, Mr. LINDER, bill, and that is why I invite Members The SPEAKER pro tempore. Under a Chairman of the Committee of the of Congress and members of the public previous order of the House, the gen- Whole House on the State of the Union, to look this up on the Internet. Find tleman from Guam [Mr. UNDERWOOD] is reported that that Committee, having out what the family tax relief plan recognized for 5 minutes. had under consideration the bill (H.R. could mean to your family. Mr. UNDERWOOD addressed the 2160) making appropriations for Agri- I am going to say what the Internet House. His remarks will appear here- culture, Rural Development, Food and number is. It is http:// after in the Extensions of Remarks.] Drug Administration, and Related hillsource.house.gov, and there is also Agencies programs for the fiscal year a Senate page that you can get too, but f ending September 30, 1998, and for today you can look up on the web page other purposes, had come to no resolu- exactly what this tax relief bill could REPUBLICANS ON THE SIDE OF tion thereon. mean to you for your $500 per child tax THE WEALTHY WHILE DEMO- f credit, HOPE scholarship, for your CRATS ARE FIGHTING FOR MID- children to enter an education, your DLE-CLASS FAMILIES SPECIAL ORDERS IRA dream savings account expansion. The SPEAKER pro tempore. Under There is a lot to it, and I would urge The SPEAKER pro tempore. Under a the Speaker’s announced policy of Jan- members of the public to look it up on previous order of the House, the gentle- uary 7, 1997, and under a previous order the Internet. woman from Connecticut [Ms. of the House, the following Members And, Mr. Speaker, I will be happy to DELAURO] is recognized for 5 minutes. will be recognized for 5 minutes each. yield to my friend from Pennsylvania. Ms. DELAURO. Mr. Speaker, yester- day Speaker Gingrich stood in the well f Mr. FOX of Pennsylvania. I under- stand the gentleman yields. of this House and he invited, as my col- TAX RELIEF FOR MIDDLE CLASS Mr. KINGSTON. Yes. leagues just did, the American people FAMILIES Mr. FOX of Pennsylvania. Mr. Speak- to visit the House Republican web site, The SPEAKER pro tempore. Under a er, I think the fact is that this has calculate their estimated tax savings previous order of the House, the gen- widespread support among the public under the Republican plan. So I tleman from Georgia [Mr. KINGSTON] is and also Congress. Was this not the thought let us see how the average recognized for 5 minutes. agreement that the President has made working taxpaying mother with two Mr. KINGSTON. Mr. Speaker, I want- with Congress to move forward with kids would fare under the Republican ed to talk to my colleagues tonight this family tax plan? plan. about taxes. I think it is very, very im- Mr. KINGSTON. Yes, and it is very So I entered in an income of approxi- portant to understand why the working interesting that the gentleman will mately $25,000. I received an error mes- middle class families of America need point out that the President is working sage saying that they could not cal- tax relief. Here is a chart that I hope with the Republican Party on a bipar- culate her savings. Perhaps that is be- everyone can see that shows in the tisan basis to give this middle class tax cause this family would get a big fat 1950’s the average American family, of relief. zero, no tax break at all under the Re- average income, paid about 6 percent There are Members, liberal extrem- publican tax plan. Federal income tax. In 1994, it was 23 ists, on one fringe element of his party Then I entered in the data for some- percent Federal tax burden. Today, the who is against tax relief for the middle one making $1 million a year, half of Federal tax burden, 1995, is 39 percent. class, but for the most part this is a bi- that in capital gains. The Republican As my colleagues can see, the working partisan middle class tax relief bill. calculator had no problem figuring out middle class families are paying higher I yield to the gentleman from Penn- their tax break, $40,000. taxes than ever before in history. sylvania. That is right, a millionaire gets We need tax relief. Because the less Mr. FOX of Pennsylvania. Not only $40,000 back, and the average working taxes people pay, the less taxes fami- will it help seniors with the estate tax taxpaying mother gets nothing, gets lies pay, the more time they can spend assistance and also helps with the cap- zero. with each other. One of the key bene- ital gains tax to grow jobs and the The Washington Post editorial this fits of that is so that moms and dads economy, but the education tax credits morning hit it right on the nose, and I can spend time with their children and will help families send students to col- quote: ‘‘The Republicans have written impart information and help raise lege. a tax bill tilted heavily toward the bet- them. I know my own district, 108,000 fami- ter off.’’ lies will benefit from the $500 per child If anything, this was an understate- b 2115 tax credit. ment. The Post labels their editorial, Now what does our tax relief bill do? So this is an idea whose time has ar- and I quote again, ‘‘Tax Trash,’’ which Our tax relief bill gives 76 percent of rived. perfectly describes the Republican tax the tax relief to middle-income fami- Mr. KINGSTON. Absolutely, and I bill. In fact, there are so many bad lies making between 20 and $75,000. know in my First District that I rep- things in this bill it is hard to know That is this big chunk right here. That resent of Georgia it will give tax relief, where to begin. is who is getting the tax relief. That is we figure, to about 300,000 people in the But let me tell you the story of three who needs tax relief. I think that we coastal Georgia area alone. young people which drives home the should get over class envy, but it is But you know the more money you point of how unfair this Republican tax very important to point out that most have as a wage earner, the more money proposal really is. of the tax relief, 76 percent, goes to you have in your pocket, because we as Today I received a visit from three people earning or families earning be- a confiscatory government take less of students: Anthony Dugdale, Scott Saul tween 20 and $75,000. it, that means you are going to spend and Lori Brooks. They are all graduate Now over a 10-year period of time, if more. You are going to buy more shoes, students at Yale University in my you look at the tax relief, you can see more shirts, more records, you are hometown of New Haven. These young that 90 percent of the tax relief goes to going to go out to eat more. When you people took the train all night from family and education or families for do, businesses will expand because of Connecticut for the express purpose of educational purposes. Seventy-five bil- the demand. When they expand, they protesting the fact that in this bill the lion dollars in tax relief for edu- create more jobs. When they create Republicans actually raised taxes on cational uses over a 10-year period, and more jobs, more people are working, graduate students in this country, and $150 billion over 10 years for the $500 more people are paying taxes, fewer they brought with them the signatures per child tax credit; that is a huge tax people are on welfare, and cutting of 600 other graduate students protest- reduction, and it all goes for the right taxes, therefore, is very consistent ing this provision in the Republican purposes. with the goal of deficit reduction. tax plan. July 16, 1997 CONGRESSIONAL RECORD — HOUSE H5383 These students are rightly outraged ings and investment and thereby stimulate owned United States companies with a that Republicans are planning to re- economic growth, or that it would have the global customer base. Second, the ob- ward their hard work as research as- useful effect of limiting governmental jections raised by the European Union sistants and teaching assistants by growth in that if the government had fewer regarding the abandonment of exclu- revenues it would be less disposed to spend. raising their taxes on the grants and Or they might make the political argument, sive contracts awarded to Boeing is in- the tuition waivers that they receive. faint echoes of which are still heard, that appropriate. Airbus Industries was an These young people, if you heard them those who were charging unfairness were in- eligible competitor for each of the speak today, are committed to edu- dulging in the somehow seamy politics of three contracts and was not awarded cation, they are committed to working envy and class warfare. them based on the decisions by the spe- in their community, they are commit- All fair enough, but now the argument is in cific companies. Airbus never objected ted to a teaching profession. Under the a different place. The people who wrote this to carrier requests to make contracts present tax program a student receiv- bill aren’t defending its distributional con- exclusive in return for reduced prices sequences; they’re denying them. The plain ing a $10,000 cash stipend for being a facts are that the bill over time would not until they lost out in the contract. In teaching assistant and a $20,000 tuition just mainly benefit the better-off but would fact, even the European Commission waiver would only be taxed on a sti- cost the government revenues it can’t afford; objected only after the agreements pend. If the student pays 15 percent of the bill is carefully written in such a way as were concluded. his or her stipend in taxes, $8,500 re- to make the revenue loss look small at first. It is inappropriate to risk United mains for living expenses. Under the Then it soars. It’s not just the Treasury (and States jobs because the free market Republican plan, the stipend and tui- thereby the administration) that says so, worked its will. In fact, the initial tion waiver will be taxed; that has not using accepted methods and conventions of long-term contract from U.S. Airways analysis. The Congressional Research Serv- was awarded to Airbus; that is, the ini- happened in the past, leaving the stu- ice and the vast majority of other analysts dent with only $5500 to live on. This is do so as well. Congress’s Joint Committee on tial long term contract was awarded to a $3,000 or a 35 percent cut in the stu- Taxation says otherwise. The JCT was once Airbus prior to these agreements. That dent’s net income. the great redoubt of integrity in such mat- is right, Airbus created the very ideas Mr. Speaker, these are youngsters ters. It has been converted into a political of exclusive contracts. from working middle class families parrot. The proposal by the European Union trying to make their way and to be Everyone understands that this is a to require Boeing to divest of their in- able to get a higher education. Calling backloaded bill. Its short-term effects are terest in McDonnell Douglas commer- not reflective of its likely long-term con- cial aircraft is unacceptable as well. waivers and grants financial incen- sequences. It will take 10 years or more for tives, which is what the Republicans its main provisions to begin to have their The United States Federal Trade Com- are calling these waivers, this equates full effect. The JCT staff nonetheless per- mission conducted a thorough review these young people with what they are sists, at the behest of its masters, in putting of the proposed merger and concluded getting in terms of a higher education out five-year estimates whose principal func- that McDonnell Douglas is no longer tax relief with company cars and other tion is to distort that effect. It violates its able to sell enough commercial aircraft perks given to the top corporate execu- own proud tradition in doing so. It uses illu- to raise significant concerns about the tives in this country. In reality, taxing sory accounting to make the capital gains loss of its competition. Last year and other tax cuts in the bill appear for a McDonnell Douglas was responsible for grants and tuition waivers will penal- time to be tax increases. ize America’s future educators and There is always some gamesmanship sur- only 4 percent of the global commer- public servants. rounding tax bills. Inflated claims are made. cial airplane business. I will tell you that these young peo- One side will tell you that the entire eco- The divestiture by Boeing of the ple and their families are being nomic future depends on passing a certain McDonnell Douglas commercial air- squeezed in order that my Republican provision, and the other will tell you that craft business would have severe rami- colleagues can provide a tax break to the same future depends on defeating it. But fications worldwide. First it threatens the richest corporations in this coun- there used to be a basis of trust underlying Americans’ jobs that are tied into the try, the Exxons, the Boeings. They the debate as well. You could be confident continued support of McDonnell Doug- that at a certain level you were being told las aircraft by the Boeing Co. Further, would repeal the alternative minimum the truth about the consequences of a bill. In tax. That is the rate at which the rich- their trashing of the estimating process in McDonnell Douglas’ commercial avia- est corporations pay taxes in this coun- order to justify a tax policy that doesn’t de- tion division cannot maintain itself as try. They will repeal their tax obliga- serve to survive, the Republicans have de- an independent company, and previous tion or scale it back, therefore provid- stroyed that trust. That may be the worst efforts to sell the commercial aviation ing up to $22 billion in a tax break, and consequence of this legislation, which al- division have been unsuccessful. There- they would, in fact, raise the taxes on ready was awful enough. fore, any divestiture would threaten graduate students in this country. f the safety of McDonnell Douglas com- mercial aircraft already in service if Mr. Speaker, it is unfair, and it is EUROPE SHOULD NOT MEDDLE IN the commercial division was to close. wrong, and it should be defeated. THE INTERNAL AFFAIRS OF U.S. The last thing this Congress should Mr. Speaker, I include for the BUSINESSES RECORD the Post editorial. support is the divestiture of McDonnell TAX TRASH The SPEAKER pro tempore. Under a Douglas’ commercial aircraft because The Republicans have written a tax bill previous order of the House, the gen- it would result in the loss of over 15,000 tilted heavily toward the better-off. The tleman from Washington [Mr. American jobs, that is 15,000 American Democrats, led by the president, have right- METCALF] is recognized for 5 minutes. jobs. ly called them on it. No matter that in Mr. METCALF. Mr. Speaker, the ob- Mr. Speaker, it is vital to the health agreeing to the budget deal earlier this year, jection of the European Union to the of the United States to downsize they were paving the way for what they now merger of the McDonnell Douglas and through mergers the military indus- deplore; they have the Republicans on the the Boeing Co. is unreasonable and will trial base as we celebrate the end of defensive. not be tolerated. These two wholly The Republicans in turn have adopted a the cold war period and adjust military new technique. Rather than argue as they owned American companies intend to budgets accordingly. Because of the might have done in the past about the vir- merge early next month. The review large defense business that will be con- tues of the bill, they engage in distortion. It reputedly conducted by the European ducted by the Boeing Co., any action used to be otherwise on taxes. The question Commission was, in fact, controlled by by the European Community is an in- of who would benefit from a bill—who would Airbus Industries and its member na- fringement on the sovereign rights of be the first-order beneficiaries—would be left tions. The decision by the EC is threat- the United States to provide for U.S. to the professionals. They would put to- ening the U.S.-European relationship. national security. gether so-called distribution tables accord- If it continues, it will have damaging Mr. Speaker, over 80 percent of ing to fairly well-accepted principles. Then the politicians would argue about the fair- effects now and into the future. Americans agree with me that Europe ness of the bill, or lack of it, from an estab- The stand of the European Union is should have no say in the internal deal- lished base. Defenders of a bill such as this unacceptable for several reasons. First, ings of two American companies. I urge might say it was necessary to encourage sav- the parties involved are both wholly every Member to contact my office and H5384 CONGRESSIONAL RECORD — HOUSE July 16, 1997 sign on to a letter to the European about the best ways to help people. But the environment. Only in a free market Union clearly stating Congress’ belief all of us, both Democrat and Repub- system can we generate the funds nec- that Europe should not meddle in the lican, want to help people. We all want essary to do the good things for the en- internal affairs of U.S. businesses. Eu- to make this Nation a better place in vironment that all of us, both Demo- rope should have no say in American which to live. crat and Republican, want done. Also, markets’ decisions that ultimately Republicans believe that big govern- people take better care of their own cost American jobs and American sov- ment hurts children by taking so much property than they do someone else’s. ereignty. money away from parents and spending Private property is not only good for f it instead on bureaucrats, fat cat gov- the environment, it is essential. ernment contractors, and administra- John Stossel of ABC News had a spe- b 2130 tive costs. Republicans have looked all cial on television a couple of years ago The SPEAKER pro tempore (Mr. over the world and have seen that big in which he pointed out that to clean SHIMKUS). Under a previous order of the government benefits the few, the elite, our air to the almost impossible stand- House, the gentlewoman from Califor- those who work for or have connec- ard demanded by some groups would nia [Ms. MILLENDER-MCDONALD] is rec- tions with the government. Repub- cost so much that it could throw mil- ognized for 5 minutes. licans believe government means a lions of people into poverty. He pre- [Ms. MILLENDER-MCDONALD ad- minute, elite class and a huge sented a study which showed that we dressed the House. Her remarks will underclass, and that conversely, a might add one day to the life of the av- appear hereafter in the Extensions of small government means a huge middle erage person by getting tougher on Remarks.] class. clean air, but that poverty decreases f Look at the former Soviet Union, lifespans by 71⁄2 years. The SPEAKER pro tempore. Under a where the leaders of the Communist Is it compassionate, Mr. Speaker, to previous order of the House, the gen- Party had their limousines and dachas vote for some bill because it does some by the sea and special stores in which tleman from Michigan [Mr. SMITH] is microscopic good for the environment recognized for 5 minutes. to shop, while almost everybody else if in the process it destroys millions of led a starvation existence. Look at the jobs, drives up prices, and hurts the [Mr. SMITH of Michigan addressed United States in 1950 where the average poor and working people? Is it compas- the House. His remarks will appear person paid 2 to 4 percent in taxes to sionate to go overboard on the environ- hereafter in the Extensions of Re- the Federal Government and another 2 ment if it throws possibly millions into marks.] to 4 percent to State and local govern- poverty? f ments. We had a huge middle class and Finally, Mr. Speaker, all I am saying The SPEAKER pro tempore. Under a a much smaller difference between the is this: that both parties want to help previous order of the House, the gentle- rich and the poor. Now almost 50 years people and make this Nation better. woman from Texas [Ms. JACKSON-LEE] later, Government has exploded and Sometimes we do that by voting for is recognized for 5 minutes. the average person pays almost half of government programs. Today, with our [Ms. JACKSON-LEE of Texas ad- his or her income in taxes when we huge out-of-control Federal Govern- dressed the House. Her remarks will count taxes of all types, Federal, State, ment, more frequently we help people appear hereafter in the Extensions of and local. by voting for less government. Remarks.] What has happened? Many middle-in- f f come people are finding it harder and harder to keep ahead. Personal bank- BOTH DEMOCRATS AND REPUB- AMERICA NEEDS A BALANCED AP- ruptcies hit an alltime record of 1.1 LICANS WANT TO HELP PEOPLE, PROACH TO FIGHTING JUVENILE million last year. The gap between the AND VOTING FOR LESS GOVERN- CRIME rich and the poor is growing wider and MENT IS FREQUENTLY THE wider. The SPEAKER pro tempore. Under a BEST WAY TO ACHIEVE THAT Also, where many mothers formerly previous order of the House, the gen- The SPEAKER pro tempore. Under a had their choice of staying home with tleman from Michigan [Mr. STUPAK] is previous order of the House, the gen- their children if they wished, today, recognized for 5 minutes. tleman from Tennessee [Mr. DUNCAN] is with half of the average family’s in- Mr. STUPAK. Mr. Speaker, I rise recognized for 5 minutes. come going in various forms of taxes, today to discuss the issue of juvenile Mr. DUNCAN. Mr. Speaker, it is to- one spouse has to work to support the justice in this country. Everyone tally false to say that one party cares Government while the other spouse knows that juvenile justice and juve- more about the environment or chil- works to support the family. nile crime is a growing concern in this dren or senior citizens than the other My point, Mr. Speaker, is simply country. But with the majority party, party. I do not understand why we have this: Sometimes the best way to help it seems that they cannot make up to constantly attack each other or children and families is not through their mind on how they want to ap- question each other’s motives to ex- another Government program which proach this issue. press our views. has a good apple-pie-and-motherhood Yesterday, in a bipartisan approach, Neither party has a monopoly on vir- title but which really helps only a few we suspended the rules and we passed tue. Neither party has cornered the bureaucrats and Government contrac- H.R. 1818, the Juvenile Crime Control market on compassion. I know I am tors. and Delinquency Prevention Act, spon- going to state some things that should The Job Corps is a prime example. sored by the gentleman from Virginia be obvious but that are often ques- Today we spend $25,000 per Job Corps [Mr. SCOTT], the gentleman from Cali- tioned around here. student. This would shock most of fornia [Mr. MARTINEZ], and the gen- Republicans love children just as these students, because almost all of tleman from California [Mr. RIGGS]. much as Democrats do. Republicans this money is going to bureaucrats and The bill reauthorized the Office of Ju- want a clean environment just as much contractors. We could take each Job venile Justice and Delinquency Preven- as Democrats do. Republicans have just Corps student and give them a $1,300 al- tion, and made several changes to that as much compassion and sympathy for lowance and send them even to an ex- office to refocus the Federal effort to the disabled and senior citizens as pensive private school and still save prevent juvenile crime before it occurs. Democrats do. Republicans support money. This is how ridiculously expen- The bill contained four core require- education just as strongly as Demo- sive this and many other Federal pro- ments which States must comply with: crats do, and vice versa. I repeat, no grams have become. deinstitutionalization of status offend- one has cornered the market on com- My time is limited, Mr. Speaker, but ers, separating juveniles from adults in passion. No one has a monopoly on vir- let me mention the environment. The prison, limiting the time that juveniles tue. worst pollution in the world has oc- spend in adult facilities, and addressing We do have differences of opinion. We curred in the Socialist and Communist efforts to reduce disproportionate mi- have different philosophies and beliefs countries. Big government is bad for nority confinement. July 16, 1997 CONGRESSIONAL RECORD — HOUSE H5385 It is a solid bill, and I was proud to not by trying to lock up every juvenile From the perspective of the House, support the bill. The bill further em- offender. we want to make sure in the con- phasized prevention and intervention On May 8, I offered, along with the ference committee that the House ver- through local initiatives, through local majority of Democrats, a substitute to sion prevails, Mr. Speaker, because programs and projects which will ad- H.R. 3 which stated that over 60 per- that will make sure that seniors who dress concerns in the local community, cent of the funding should go to com- have paid into the system will, in fact, not something mandated by the Fed- munities for their local prevention pro- get the benefit of knowing at 65 they eral Government. It is our hope that grams. Two hundred Members of this will have a Medicare that in fact will these programs will discourage drop- House voted for this substitute, reject- be a cost-effective program for them. outs from high schools, reduce school ing H.R. 3, the majority party’s punish- Currently many seniors, Mr. Speak- violence, and prevent suspensions and ment-only approach. We need a bal- er, who retire early, either voluntarily expulsions. anced approach to fighting juvenile or forced, are uninsured. These seniors, However, the bill failed to identify crime. We need a bill that is tough and while eligible for COBRA, often find and appropriate money for this Federal is smart. themselves with a gap between the effort to prevent juvenile crime. Yet Mr. Speaker, I just happened to re- time COBRA ends and Medicare begins. earlier this year the majority party on ceive in my office today this week’s By increasing the Medicare eligibility basically a very partisan vote did ap- Time magazine. If Members look at the age, we can assure an increase in the propriate $1.5 billion over the next 3 Time magazine this week, this debate number of uninsured seniors. years in a juvenile justice bill that was that I just mentioned is highlighted in It also should be noted that the Medi- named H.R. 3, which takes an entirely Time magazine starting on page 26, care proposal from the House which is different approach to juvenile crime Teen Crime. ‘‘Congress wants to crack so positive includes voluntary choices and juvenile offenders. down on juvenile offenders. That is for seniors with Medicare plus. It also H.R. 3 that was passed in May re- H.R. 3, the majority party approach. provides for traditional fee-for-service wards States that implement the most But is throwing teens into adult courts Medicare, provider-sponsored organiza- harsh new mandates against juvenile with adult prisoners the best ap- tions. It also includes medical savings offenders. States would be required to proach?’’ accounts and preferred provider organi- adopt a controversial mandate that As we go through it they cite the zations. many children as young as 15 would be Boston case that we as Democrats re- The most important part of the new tried as adults. It requires automatic lied on, and how to start a cease-fire to Medicare proposal, Mr. Speaker, has transfer of 14-year-old children to adult reduce juvenile crime to make people preventive services, a new package of court, and prohibits judicial review of safe and secure in their communities health care benefits for our seniors. It these juvenile transfers. It would re- and their homes. includes, among other things, annual Then, unfortunately they show what ward these States with $1.5 billion to mammography screening, annual Pap a tragedy happened in Michigan here in punish kids and to treat them as smears, annual prostate cancer screen- the past few weeks. The bottom line of adults, something that ensures that ing, colorectal cancer screening, diabe- these three articles was basically there more 15-year-old children will end up tes self-management, annual vaccine is an approach for juvenile offenders. housed with convicted adult criminals outreach for pneumonia, and influenza. There is a smart choice and a sub- The bill includes these essential items and convicted adult felons, greatly in- stitute for H.R. 3 that is the best way to give seniors increased health care creasing the chances of rape, abuse, to go. and suicide in our prison system, and coverage when they need it most, be- f increasing their chances of committing fore they become ill. violent crime sooner upon release. IN SUPPORT OF THE HOUSE VER- It also includes some very logical, Mr. Speaker, having been a law en- SION OF TAX RELIEF, MEDICARE tough, antifraud and abuse efforts. It is forcement officer, and we have dealt IMPROVEMENTS, AND MEDICARE amazing for people to hear about this, with many law enforcement officers CONSUMER PROTECTION but there is $30 billion a year in fraud, throughout this debate on juvenile jus- The SPEAKER pro tempore. Under a waste, and abuse in Medicare. If we can tice in the last few months, prosecu- previous order of the House, the gen- make sure that gets back to seniors tors, judges, teachers, counselors, and tleman from Pennsylvania [Mr. FOX] is from their health care, we will go a parents all agree that there is another, recognized for 5 minutes. long way to making sure that Medicare better approach, a better way to pre- Mr. FOX of Pennsylvania. Mr. Speak- is solvent not only for the next 10 years vent kids from even becoming crimi- er, I rise tonight to address a few issues but beyond that, Mr. Speaker. That is nals in the first place. Intervention and with my colleagues; first, the tax cuts a very important feature. early prevention programs in schools that have been discussed earlier this We can also reduce the paperwork and communities and recreation cen- evening by the gentleman from Georgia costs of Medicare. Traditionally it has ters have proven to be the most effec- [Mr. KINGSTON]. been about 12 percent. With electronic tive way to prevent juveniles from get- I think it is good to point out that in billing we can reduce that to 2 percent. ting involved in illicit behavior. the charts that he showed, it was inter- But some of the most important pro- In communities that employ preven- esting to note that 75 percent of the visions of the bill make sure that we tion programs, the juvenile crime rates tax cuts would go to families with in- have consumer protection. The bill have fallen. Since an aggressive pre- comes of $75,000 or less, and that every contains in the House Medicare version vention program went into effect in family would have a chance to be able a wide-ranging series of changes of de- Boston, not a single juvenile murder to use one tax cut or the other, wheth- sign to modernize Medicare’s 30-year- has occurred there since July 1995. It is er it is child tax credits, estate tax re- old payment and health care delivery a system that works. Let the local lief, education tax credits, and capital system. Primary among them are the communities decide, give them the gains tax cuts, of course, to help create new consumer protection. The mod- flexibility to do their job, and we new jobs and savings. The last time we ernization program requires that all should seek to encourage the develop- had such success was with the Kennedy Medicare Plus programs make medi- ment of these prevention programs in and Reagan administrations. cally necessary care available 7 days a every community across America. Tonight, I also wanted to talk about week, 24 hours a day, and 365 days a In fact, the alternative bill to H.R. 3, how the House is on the move in the year. It also makes sure that Medicare the Democrat bill I sponsored is ex- right direction on Medicare, and how Plus plans have grievance and appeal actly the approach it takes. As the we need to stop, therefore, the proposal mechanisms in place to protect bene- other body prepares to consider the ju- within the Senate in the conference ficiary rights. venile justice bill and is currently committee. The Senate has talked So I am very hopeful that the con- working on it at this time, I urge them about raising Medicare’s age from 65 to ference committee, they have received to look at the facts. When it comes to 67, to increase patient’s copay for home letters from a bipartisan group of dealing with children, you get tough on care to $5 per visit, and to means-test House Members that have gone to the crime by preventing criminal behavior, Medicare. Speaker of the House, the gentleman H5386 CONGRESSIONAL RECORD — HOUSE July 16, 1997 from Georgia, Mr. NEWT GINGRICH, and manent tax relief for men and women He fervently hopes, anxiously is await- they are going as well to the minority all across this country, essentially ing whether or not the President will leader, the gentleman from Missouri, whether or not we want to let moms sign our tax package into law because Mr. GEPHARDT, to the majority leader, and dads across this great land keep what it means to 2 million seniors that Mr. LOTT, in the Senate, and as well to more of what they earn. are in the 15-percent income tax brack- the minority leader in the Senate, Mr. With the recent debate, Mr. Speaker, et across this country is a capital gains DASCHLE. about tax relief centering more and cut from the 28-percent margin all the more around detailed numbers and per- way down to 10 percent, if the Presi- b 2145 centages and Treasury Department cal- dent would enact and sign into law this We believe that the House version is culations, perhaps I should say Treas- much-needed relief effort. It is not a positive one for seniors, the one that ury Department miscalculations, it is about numbers. It is about people. should pass. We know in fact that it is easy to lose sight of what our tax relief I happened to receive a letter in the best because it will make sure that we package is all about, what it means to last 2 weeks that I want to paraphrase do not have means testing. We stop the working families who have not had tax just a bit, Mr. Speaker, if I can. It says, co-pay increase for home health care relief in nearly two decades. ‘‘Dear Mr. Hulshof, I am a star-ranked and we make sure that the Medicare I know that I am but a single voice scout in Troop 50. I will be a 7th grader age is not raised from 65 to 67. So all crying out on behalf of hard-working at St. Peter’s in Fulton, MO. I am 12 seniors in America will be protected. men and women across this country, years old. I am in favor of the tax cut,’’ f but I hope to include the pleas and the says Michael, ‘‘because if taxes are cut, The SPEAKER pro tempore (Mr. statements of those who came to Cap- people will have more money. When itol Hill. Some working mothers in fact SHIMKUS). Under a previous order of the they have more money, they spend or House, the gentleman from Massachu- who came to Capitol Hill this month invest more. Then if they spend more,’’ who quickly reminded us, gave us a re- setts [Mr. DELAHUNT] is recognized for Michael writes, ‘‘more needs to be pro- 5 minutes. ality check that tax relief is more than duced. This increased demand means just abstract numbers. It is about take- more people are needed to produce and [Mr. DELAHUNT addressed the home pay. It is about purchasing then employment goes up. Increased House. His remarks will appear here- power. It is about freedom to make employment means people are working after in the Extensions of Remarks.] choices in raising a family. more and paying more taxes which in- f For example, it is about Debra from creases revenue to the Government, The SPEAKER pro tempore. Under a Dale City, VA. Debra is the divorced which means fewer people collect enti- previous order of the House, the gen- mother of a 17-year-old, an 11-year-old tlements from the government result- tleman from Virginia [Mr. SCOTT] is and a 10-year-old. Keeping more of her ing in less expense to Government.’’ recognized for 5 minutes. money means being able to help her Michael goes on to write, keep in [Mr. SCOTT. addressed the House. three children reach their dreams. The mind, Mr. Speaker, Michael is a 7th His remarks will appear hereafter in dream of Debra’s college-bound daugh- grader, 12 years old at St. Peter’s in the Extensions of Remarks.] ter is to attend college and become a Fulton, MO. Michael says, ‘‘Every time doctor. For Debra’s middle daughter, I hear the Democrats or certain mem- f she aspires to be a teacher. And al- bers of the press talk about tax cuts, The SPEAKER pro tempore. Under a though Debra is determined to help they say, how will the Government pay previous order of the House, the gentle- bring her daughters’ dreams to fulfill- for the tax cut? But they never ask woman from California [Ms. LOFGREN] ment, it is not going to be an easy how the employed taxpayers are going is recognized for 5 minutes. task. to pay for the tax increases. Thank you [Ms. LOFGREN. addressed the House. Mr. Speaker, the House-passed ver- for all the hard work you do. Thanks Her remarks will appear hereafter in sion of the Taxpayer Relief Act a cou- for considering my input.’’ Signed, Mi- the Extensions of Remarks.] ple of weeks ago will make things a lit- chael. f tle bit easier for Debra and for her fam- Well, Mr. Speaker, I think sometimes ily. With the child and the education The SPEAKER pro tempore. Under a suffer ye unto the little children and tax credits, for instance, Debra will get previous order of the House, the gen- out of the mouths of babes sometimes to keep more of what she earns, mak- tleman from North Carolina [Mr. come pretty poignant points. I think ing it easier to send her kids to college Michael has somehow grasped some- WATT] is recognized for 5 minutes. and to fulfill their dreams. In fact, just thing that we here in Washington from [Mr. WATT of North Carolina ad- with the child tax credit, the Repub- time to time forget. It is not our dressed the House. His remarks will ap- lican version of the child tax credit, in money. It is the American people’s pear hereafter in the Extensions of Re- calendar year 1998 Debra will get to money. We are not giving it back to marks.] keep $800 more of her own money next them. We are letting people keep it in f year and $1,000 more in the following the first place. years. She can save for her kids’ edu- For instance, in my congressional THE REPUBLICAN TAX PLAN cation, putting money way in a dream district, in the 9th Congressional Dis- The SPEAKER pro tempore. Under savings account. trict of Missouri, if the President will the Speaker’s announced policy of Jan- Our House plan also allows Debra to sign into law the Republican-passed uary 7, 1997, the gentleman from Mis- participate in education initiatives tax relief package, the child credit souri [Mr. HULSHOF] is recognized for 60 like the education credit for college de- alone, there are 84,000 children in the minutes as the designee of the major- duction which helps defray the ex- 9th Congressional District of Missouri ity leader. penses, the out-of-pocket expenses for whose parents will qualify for the $500 Mr. HULSHOF. Mr. Speaker, this Debra’s college age or college bound per child tax credit. What that means week there is much discussion, there is kids for tuition, for books and for fees. is nearly $39 million get to stay in the much speculation about the negotia- That is what this tax relief is about. 9th District of Missouri and do not tions that are ongoing between the It is not about numbers; it is about real have to be collected by the Govern- President and congressional leaders in people. It is about Don and Carnetta ment and sent here to Washington the House and Senate. Hanging in the from my home town of Columbia. Don where oftentimes we spend it very un- balance, Mr. Speaker, are the prospects and Carnetta are both in their senior wisely. This is just one way that this of a bipartisan balanced budget plan. years. Don recently retired from a ca- tax relief package will help all Ameri- Hanging in the balance are the pros- reer at Wal-Mart. Part of the com- cans. It is not about numbers. It is pects of staving off the impending pensation package that Don had during about people. bankruptcy for Medicare, our health his career at Wal-Mart was that he was I see my friend and colleague from care system for senior citizens. And given shares of Wal-Mart stock as in- Missouri, from the 7th Congressional hanging in the balance through these centive to build for his pension, to put District of Missouri, is in the well of negotiations are the prospects for per- his nest egg away for he and Carnetta. the House. July 16, 1997 CONGRESSIONAL RECORD — HOUSE H5387 Mr. Speaker, I yield to the gentleman are born and the time that they are 18, relief. This child credit is an income from Missouri [Mr. BLUNT]. that you otherwise would not have, tax credit. Mr. BLUNT. Mr. Speaker, I thank $31,000. I know there has been a lot of discus- the gentleman for yielding to me. We heard earlier this evening here on sion about whether or not we should I saw that same report, I think it was the House floor about people who expand this income tax credit, that is a from the Heritage Foundation, about would get a benefit from this tax credit for those families that pay Fed- children in our districts. I was amazed break. The tax break we have sent for eral income taxes, whether or not we that in the 7th District in southwest the mother with a daughter who is 14, should expand that income tax credit Missouri, the southwest corner of Mis- a son who is 16, she gets $1,000, who is to other families who pay no income souri, 74,533 children, by that moment’s working, she gets a $1,000 tax break. taxes. I know the gentleman from count, and there are probably a few That is almost $100 a month. Under the South Dakota who joins us has been more children than that now that will President’s proposal we want to re- very outspoken on this point. benefit, would benefit, 74,533, over $34 member that that mother may pos- Mr. Speaker, I yield to the gentleman million in one year alone will go back sibly, that single mother with the 14- from South Dakota {Mr. THUNE]. into our economy because of just the year-old and the 16-year-old and all Mr. THUNE. Mr. Speaker, I thank $500 per child tax credit. That does not kinds of expenses and all kinds of life the gentleman from Missouri. I would count the other tax benefits in our stress got no break because those kids simply say that in the context of this economy and our district. were over 12. And so this is a signifi- debate this evening, that this is in bas- We do not understand, I think, how cant thing for American families. ketball what you would think of as the this process works as well as Michael, The first tax cut in 16 years. How great three point play. It is historic. It who you were referring to from St. Pe- great that the first tax cut in 16 years is exciting. It is a win-win for every- ter’s at Fulton, a 7th grader who al- would have such a focus on families. body. ready understands that taking this We have a lot of ways in our country to When you look at what is happening, money off of tax rolls may not reduce say families either are not important for the first time in 30 years we are bal- taxes because things happen in the or they are important. And in our wel- ancing the country’s budget. For the economy when you let people keep fare policies and our tax policies we first time in 16 years we are bringing their money. We constantly want to really can take some massive steps to tax relief to working men and women talk here in the Congress about giving say again to Americans, young Ameri- in America. And for the next 10 years people money, giving them a tax break. cans and Americans who already have we are restoring and saving the Medi- What we are really just doing is we are families, that this Government and care system, an important program on deciding not to take as much of their this country value families. which many people in this country money. It is their money. They work We think families are important, and rely. Leave it to the liberals, leave it for it. that is why the family tax credit for to liberals to try and rain on the pa- We have an obligation as Members of kids up to their 18th birthday and then rade. Congress to do all we can to keep the help for college beyond that is such a b 2200 money that working families have in focal point of what we are doing here. their family checking account, in their I want to say to the gentleman, I think But this is historic, and the people of family savings account, in their sav- this focus on families is such an incred- this country should be jumping up and ings account for college, in their sav- ibly important focus, this first tax down for what we have accomplished ings account to buy a home or buy a break in 16 years. We are going to do here in the last few weeks and that we new car. We have an obligation to man- better than that. If we did not do bet- are in the midst of trying to bring to age their money like they have to man- ter than that, this would be the last finality in the next couple of weeks. It age their money, where every penny tax break, based on our history, for is good for South Dakota, it is for has to count. that child born this year who is going America, and the folks the gentleman I think with this kind of new respon- to save $10,000 in money they send to represents in Missouri. sibility of leaving money with families, the Government by the time they are And when we look at all the things we are understanding again that they 18. If we go back to the last 16 years of being said on the other side of the can spend their money on their behalf history, they would not have any other aisle, they have been hacking away better than we can. Forty-one million tax relief but this. again at the old same stilted and stale children will benefit from the tax cut, We are going to be looking I think in class warfare argument that has been the $500-per-child tax credit that the the future for what we can do to help drug out time and time again to create House has sent over to the Senate, 41 families in greater ways, but a corner- this perception of a bunch of haves and million children. stone of this Republican tax package have-nots. But that is not what this is One of the things we did in our tax that we got Democrats in the House about. This debate is about improving bill that I am particularly proud of is voting for, too, so it is really a biparti- the quality of life for all Americans. we expanded the children that would san tax package that we have sent to Now, it has to be an honest debate, benefit. In the original package that the Senate, the cornerstone is a corner- and the problem we are running into I came down from the President, you stone that says families matter and we think in this Chamber, as I have lis- only got that tax credit until kids were are not going to take money from fam- tened to the debate since this subject 12. My children are beyond the range of ilies because we know families can got underway, is that we are not hav- this tax credit right now. They are 26 spend their money better than the Gov- ing an honest debate because some peo- and 24 and 21. I do not recall that they ernment can spend money on their be- ple are using different numbers, phony got a whole lot less expensive when half. bookkeeping. they moved from 12 to 13. In fact it Mr. HULSHOF. Mr. Speaker, I appre- We have heard a lot of claims about might have been just the opposite. And ciate the gentleman’s comments. The what the Treasury says about income, we are covering millions more children fact is that even way back in the early and our friend from Colorado, who is than was originally proposed. Millions part of this Congress, the first couple here, is going to I think point out very of families will benefit that would not months as the negotiations were just quickly here how we can find out if we have benefited otherwise. beginning, as they were trying to ham- are rich. But the Treasury has been Children born this year, between now mer out this budget proposal, to estab- suggesting that this is skewed towards and the time of their 18th birthday lish the parameters of the balanced people in the upper income levels be- their family would have a $10,309 tax budget agreement, the numbers we cause they have used a calculation of benefit to go toward college, to go to- were provided, an $85 billion net tax income which is very clearly phony. ward expenses while they are growing cut, a $125 billion gross tax relief over I want to point out how they get at up, $10,309 per child. You have got 5 years, with that amount of money that, because the Treasury Department three kids in your family, that is then we were required in our commit- says there are 21.2 million families in $31,000 which you have over the life of tee on the Committee on Ways and America who make more than $75,000. those children between the time they Means then to fashion some sort of tax Now that is double, double the number H5388 CONGRESSIONAL RECORD — HOUSE July 16, 1997 that the census department uses. They uted. I think that that is a point that That, on a fundamental level, is what have doubled the number. The reason is needs to be made over and over and we are talking about in this debate, they add in all kinds of things, like over again. and that is why I believe we are win- pension funds, even unreported income. But I would simply say this evening ning the debate because what we are They assume that there are dishonest that we are moving in the right direc- saying is resonating with the American people out there who are not reporting tion. We are winning this debate. And people. income. So when they factor in their my colleagues who are on the floor Mr. HULSHOF. I appreciate the gen- calculation for income, they include today, most of them came here like I tleman’s comments. And before we unreported income. did, because we were interested in leave the part of the discussion about But the biggest winner of all is im- things like balancing the budget, low- how the administration, specifically puted rental income. Think about this. ering taxes and making government the U.S. Treasury, calculates one’s in- For those of us who live in houses, the smaller, and saving Medicare. Look at come to determine whether one is well last time that I talked to somebody how far we have moved this adminis- off or not, I see my friend from Colo- when they paid their rent, they tration. rado is here. There is some chart next thought of it as an expense, not as in- The reason the President’s approval to him, and I would be happy to yield come. The Treasury Department is sug- ratings are where they are today is be- to the gentleman from Colorado, [Mr. gesting that people who own a home, if cause he is operating on our agenda. BOB SCHAFFER]. they rented it out, would have income The things he is doing, talking about Mr. BOB SCHAFFER of Colorado. from that, and so they factor that in as balancing the budget and lowering Mr. Speaker, I thank the gentleman for part of their income. taxes, are things that we believe in and yielding to me. Now, what that tells me is if we want are values that we share. This chart on my right is one I have to be really, really rich, we should just I think it does come down to a basic used on the floor here on a number of keep buying a bigger house and the fundamental value that all of us here occasions. I usually use it in a way Treasury will impute more and more in the Chamber tonight share, and that that pokes fun at this whole notion of income to us. is this, that we believe that individuals the Treasury Department inflating the So they are using this false calcula- are in a better position to make deci- actual income of the American family tion on income to skew these numbers sions about their future when given the so that our tax cuts for middle-class and to skew this debate and to create freedom and the opportunity to do so families somehow appear to be tax cuts the discussion of haves and the have- than is the government. for the rich. We believe as a fundamental premise nots and class warfare. I think that is That is the claim that the Democrats as well that bigger is not necessarily counterproductive to where we need to frequently make here on the floor. It is better when it comes to government. go in terms of the policy in this coun- the claim we see coming out of the We want a government that is respon- try. White House. So I made this chart real- sive and effective, and we also want to Mr. HULSHOF. Mr. Speaker, reclaim- ly to show the absurdity, I think, of make sure the people in this country ing my time for a second on that point. this family economic income definition who work hard get to keep more of I find it somewhat ironic that the ad- that they use. And I made this look what they earn. like one of those cheesy get-rich-quick ministration, through this debate and South Dakota is filled with a lot of through these negotiations, this con- ads, or get-rich-quick schemes. And it hard-working people. We have a lot of simply says that we can learn the ference to balance the budget, to save farmers, small business people. And as Medicare and provide tax relief, they amazing secrets of the White House I travel, and I put on 2,200 miles in and get rich quick if we call the Treas- will accept the Census Bureau’s num- South Dakota over the 4th of July re- bers of adjusted gross income when it ury Department now, and the number, cess driving across my State, I never and this really is the Treasury Depart- comes to the child credit, that is for once heard somebody say this is about ment’s phone number, 202–622–0120. And phasing out the child credit for the the rich and the poor, this is a class I tell folks that operators are standing upper income families. They will also warfare argument that is trying to be by. accept the Census Bureau’s numbers used by their side. Their questions are Well, the reason I ask people to do when it comes to those individuals that very simple. They are, are we going to this is because when I tell people back are seeking a modest reduction in cap- pass estate tax relief so we can keep home how the Treasury Department ital gains. They are willing to accept the family farm; are we going to pass has manipulated the numbers to make and embrace that number, that very estate tax relief so we can keep the a $45,000 a year family, a family earn- bottom line number when it comes to small business in the family? Are we ing $45,000 a year all of a sudden be- who is unable to qualify. But then going to do something in the area of come rich, in the rich category, people when it comes to this distribution capital gains for people who are in the do not believe it. I walk them through table, and when they start to skew the farming business and small businesses, the numbers and I ask them to call this results with who is benefiting from this the people who comprise the rich herit- number to find out how the Federal tax package as a whole, then suddenly age that is my State of South Dakota? Government, the Democrats, the lib- they push away the adjusted gross in- Those are the kinds of things that erals here in Washington, believe that come, the 1040 number that the gen- they are interested in, and those are an average family gets rich quick over- tleman and I fill out on our tax forms, the kinds of things that we are inter- night only when we talk about tax re- and suddenly go to this family eco- ested in trying to achieve for them so lief here on the floor of the House. nomic income model. that we can encourage the very best in The gentleman from South Dakota Mr. THUNE. The gentleman is ex- our society; things like self-sufficiency mentioned the biggest way they do actly right. It is a classic case of people and independence and family and thrift this, and let me just kind of walk ev- trying to use the numbers to get the and hard work. erybody through this for a moment. result that they want to get. When it is We have a work ethic in South Da- If we take an average family making, convenient for them, they will use the kota. People understand when they let us say, for example, $45,000 a year, census numbers, yes. work hard they will see the fruits of this is their gross income. This is be- The point simply is when we hear their investment, and they do not want fore they take out all of their payroll this debate, and the American people the heavy hands of government inter- taxes and other sorts of deductions who are listening to this debate about fering and taking that away from that they have on their paycheck. And tax relief, it is important for them to them. So this debate is really about they add to this something called im- know that this sort of shenanigan is who do we want to control our future; puted rent, that the gentleman from going on and that this phony book- do we want that control in the hands of South Dakota mentioned. keeping, this funky accounting system individuals and families and people in Now, imputed rent is not anything being used by the Treasury Depart- their living rooms and on Main Street that we receive. It is not cash we have. ment is totally unfair in terms of its making their decisions about their It is not really income tax. What im- characterization of people in this coun- family farms, or do we want the gov- puted rent is is the rent that an indi- try and how the tax relief is distrib- ernment to do it? vidual could receive if they moved out July 16, 1997 CONGRESSIONAL RECORD — HOUSE H5389 of their house and rented their home to starting out and trying to make a go of them, hit their paychecks, this wealth someone else. it as a brand-new family. that the gentleman from Colorado [Mr. Now, the Treasury Department really Well, over here on the right we can BOB SCHAFFER] has talked about. did not consider where an individual see that in 1994, the Federal tax burden I call it stealth wealth because it is might live, whether in a tent, in the on the family budget was 23 percent. so stealthy they do not even know they park, or whether they would move into Now, that is just the Federal burden. got it. It is out there somewhere and the Treasury Department offices. I do We also pay State taxes and we pay they do not know it is there, they do not know where they would go, but local taxes and all sorts of other taxes not know they have that money to they assume that the rent that the in- that go along with that. In 1995, the spend, but suddenly they become very dividuals could earn on their homes is total tax burden was 39 percent. Al- rich Americans. And, in fact, if we look part of their income. most 40 percent of a family’s annual at the Treasury Department calcula- So we can see for a family of $45,000 budget is confiscated in taxes of one tions, the kind of calculations that that imputed rent can be as high as sort or another. were used in 1993, if we look at those $12,000 a year annually added to their This is what we really care about calculations, more than 50 percent of rent. So we can see how we are taking here in Washington as a Republican the people who have a school teacher in an average family, that really is the Party, and it is the object of our tax the family or an auto mechanic in the object of our tax relief package, and plan, and this is what we are trying to family or a construction worker in the slowly moving them up over the address. We are trying to get back to family are among the very wealthy. $75,000, $76,000, $77,000 range, because in the days of 1950, when the tax burden Now, if we want, if we will accept addition to imputed rent, the Treasury was much, much less, much, much that as our definition, we very well Department also adds things like the friendlier, and much more oriented to- may be having a tax increase for the benefits that an individual may receive ward liberty and freedom in our great wealthy if the wealthy includes school at work; $600 for the parking space that country. teachers and auto mechanics and con- they may have in the parking lot out- Mr. HULSHOF. If the gentleman struction workers. Not only this im- side of their office building is also would leave that chart up, the one en- puted value of their home, but if they added to imputed rent. titled ‘‘Family Tax Burden.’’ I had a have got a health care benefit, any ben- They include several other things. question at one time during a radio efit that they have got that their em- They assume, as the gentleman from town hall meeting regarding tax relief ployer gives them, the capital gains South Dakota mentioned, that we are and was taking a variety of calls. I calculated back over the time that just simply not reporting all of our in- mentioned that the average family in they might average those out over 20 come; that as Americans we somehow America today pays more in taxes than years. lie every year when we report our in- they do for food and for clothing and I got to tell my colleagues, that does come to the Federal Government and for shelter combined. And the gen- not help their budget much if they are comply with the tax law. So they just tleman on the phone asked me how is the janitor at school and they mess throw in a few thousand dollars to the it that I could make this claim. And as around with a rental house every Sat- family economic income to further the gentleman mentioned, the total tax urday of their life to try to hold their bump the income up for the purposes of burden is nearly 40 percent, 40 cents money together, and suddenly someone this debate here on the floor. out of every dollar goes to the govern- says really this rental house some day They also add the income that a ment. is going to be worth, they paid $30,000 child might earn in a summer job or Think about a typical day. When we for it, 20 years from now with inflation the job that they may have after wake up in the morning and grab our it is probably worth $60,000. We need to school. They figure that that has some first cup of coffee, we pay the sales tax; take that $60,000 and divide it back up kind of value to the average family. So when we drive to work, we pay a gas over these 20 years, and really they they throw that in. tax; when we get to work, we pay an in- have got another $3,000 or so a year of There are several other things. The come tax; when we flip on a light, we wealth right there that they do not anticipated income that an individual pay an electricity tax; when we flush know anything about. All they know is may receive on capital gains. Not for the toilet, we pay a water tax; if we that they are under that house on the the capital gains that an individual have cable TV, we pay a cable tax; if coldest day of the winter trying to achieves in one year, but for those as- we drive home and we happen to have thaw out the water pipe. sets that they might have and sell one of these homes the gentleman was And those are people that pay capital some year off in the future. They bring talking about with imputed rent, we gains tax, another element of this tax. that to today and throw that into the pay property tax. As the gentleman This is not stealth wealth for them. It family economic income. from South Dakota mentioned, when is trying to hold the money together in This is how they bump the family in- we die, the government is there taking an economy that has had too much in- come up so that they say the average up to 55 percent of the family farm or flation. It is trying to make something American family is in fact rich. And family business in death taxes. for their children that they did not since the average American family are Now, that is how it is that clearly we have for themselves. the beneficiaries of our tax package, are paying much more in taxes than we Forty percent of the capital gains that is how they make the wild claim should. The problem is not that we do taxes in America are made by families that our tax relief package is tax cuts not tax enough. The fact is that we who have a total family income of less for the rich. here in Washington spend too much, than $50,000. Now under the Treasury Well, this is a bunch of baloney over and we are trying not to give back, but Department calculations they may here, this chart to the right. But I do letting people keep more of their have a total family income of $80,000. I urge people to call the Treasury De- money. do not know. But all they know is their partment at 202–622–0120 and ask them Mr. BLUNT. If the gentleman would checks add up, before the taxes are for the rundown on this calculation. It yield before we get away from the taken out, to $50,000. Those are the is called family economic income. That whole topic of how we calculate wealth families that pay 40 percent of the cap- is the dirty little secret of the Demo- in Washington. This is not the first ital gains taxes. They have absolutely crats here in Washington. And I urge time we have done this this way. no mechanism to avoid it. They do not Americans to find out all about it and have expensive accountants or lawyers. b ask how it might apply to them. 2215 This is a tax break for them, as well. I would point out that the fact of the The first time was 1993, when sup- The taxes that we talk about are matter is that American families have posedly the biggest tax increase in the taxes that really give a break to work been overtaxed for too long. Back in history of the country was only a tax and productivity and families. And 1950, this was the tax bite out of the increase on the very wealthy. Working what should we be encouraging in American family budget. Six percent of Americans all over the country found America? Work, productivity and fami- our family budgets went to taxes in out suddenly how wealthy they were lies. And we ought to be at least talk- 1950. This is when my parents were when this massive tax increase hit ing about the right numbers. We ought H5390 CONGRESSIONAL RECORD — HOUSE July 16, 1997 to be talking about numbers that when paying income taxes today, who be- ple weeks ago when we were discussing we ask our neighbors, or maybe not our cause of the family tax credit are going this issue, 20 percent of the earned in- neighbors, maybe our son, maybe to have their tax liability wiped out, come costs actually are a refund of in- somebody that would tell us what they almost 2 million people in this country. come tax that are paid by low-income are making, probably should be willing That is what we are talking about people, but 80 percent of the $28 billion, to talk about that when we say, ‘‘What here. We are talking about helping peo- 80 percent is in the form of supple- do you make?’’ they tell us that that is ple who are working hard, trying to mental public assistance that goes to the number that we would look at in make a living, people like in my State working low income families. Eighty Washington. of South Dakota when I think, given percent is a cash assistance program in Instead we come up with some num- the opportunity to understand the ar- excess of Federal taxes paid. ber that nobody in their wildest mind guments that are being made here and Now the other side talks about, well, would believe, and then we say and understand clearly the types of num- what about the payroll taxes and what that means that this is a tax break for bers that are being used and the way about taxes going to social security the wealthy because they are a school that they are being inflated by the and to Medicare? And the fact is, when teacher and they are married to an Treasury Department, when people un- each of us at all ends of the income auto mechanic or they are an auto me- derstand what the issues are, they are spectrum are working and paying pay- chanic and they are married to a con- hugely in favor of what we are doing. roll tax, that is for a future benefit. We struction worker, and they are now one They are on our side. are investing in social security, we are of the wealthy Americans according to We are on the right track and moving investing in Medicare that we are hop- the way we calculate in Washington. in the right direction. And hopefully, ing to save for future generations. They do not calculate income that again, we have the opportunity and in So the fact is that we have to decide, way anywhere else in America, maybe future years will be able to come back within the very narrow parameters not anywhere else in the world. And we again and say, ‘‘We want you to keep that we were given by the White House are trying to fool the hard-working even more of what you earned,’’ be- and congressional leaders, where are people of America into believing that cause Washington, DC does not make we going to target our tax relief? And everybody else who works beside them very good decisions when it comes to right now we are trying to focus our at the job is rich. Because they know spending money, and it is proven by tax relief on middle-income families they are not rich. This stealth wealth the way they calculate income. with kids that are trying to make ends issue is an issue we have to deal with. In this country, and only in a coun- meet, that this tax burden, as the gen- But if we only would deal with num- try where we have $51⁄2 trillion in debt, tleman from Colorado, Mr. BOB SCHAF- bers that Americans have confidence and we are talking about different de- FER, mentioned, that are sending near- in, they would have more confidence in grees, can we double someone’s income ly 40 cents out of every dollar here to the Congress. just like that out of thin air; and that Washington. Those are the people that Mr. THUNE. If the gentleman would is what is happening. we are trying to aim and rifleshot this yield, that is a wonderful point, and he I yield back. tax relief to. did I think an excellent job in elaborat- Mr. HULSHOF. If the gentleman Mr. KINGSTON. If the gentleman ing on why people are so confused would yield, because I think there is would yield, I know we were talking about this argument. I think it is to- also a lot of misinformation being dis- about this earlier, and I wanted to give tally unfair to the people of this coun- tributed, originating from right here in an example of a woman, say Susan, she try, most of whom are going to benefit the well of this House, about the $500 makes $20,000 a year. She has a 14-year- from this, to try and confuse the issue. per child income tax credit and wheth- old and a 16-year-old. What happens is the other side is los- er or not that income tax credit should Now under the Republican plan she ing. And, so, in being crushed, in los- be applied to those individuals in our would be getting $1,000 tax credit for ing, they are dragging out the class country who are working that receive those children. Under the Clinton plan warfare thing again. It is not fair when an earned income credit but that pay she would get zero. But who would get we start talking about the types of no income tax liability. the money instead is somebody who is things that we have alluded to, and the If we could take just a minute to ex- not paying income taxes. And that per- gentleman from Colorado [Mr. BOB plain the difference, because this is ex- son who is not paying income taxes SCHAFFER] and his numbers. If my col- ceedingly important and I think the is- may be already receiving public hous- leagues want to find out all those sues are being framed up, even as we ing assistance, free health care for the things and what they are, call the speak, among the conferees. This is an kids, Medicaid, food stamps for the Treasury Department. extremely important debate. family, WIC for the children, supple- But we cannot have an honest debate The income tax credit, as my col- mental security income, possibly the on this issue unless we are dealing with leagues know, was first enacted back in earned income tax credit, public assist- the same set of numbers. And we are 1975; and the purpose of the earned in- ance/welfare benefits, worth anywhere not doing that, and it is not fair to the come credit was to provide public as- from $10 to $18 an hour. In addition to people of this country. sistance in the form of an income sup- all those public assistance benefits, One other point I would like to make plement to low-income workers, some- under the Clinton liberal Democrat before we leave this subject, because thing that the Republican side has con- plan they would get another $1,000 again the way this is being pitted, it is tinued to support. check because of having two children playing this tax relief for the wealthy In fact, the earned income credit I or children under 12 years old. And it is type thing, which is an absolute mis- think has been modified and expanded. not punitive to say let us give the in- nomer. We just talked about some sta- Back in 1993, the earned income credit come tax credit to those who earn in- tistics earlier this evening with respect was expanded even more. It has been come, rather than let us just make it to family tax credit. indexed to inflation. We cannot get one more welfare benefit. The people in this country who are capital assets or estates indexed to in- It was interesting, in the Washington eligible for it, and by the way, there flation, but we indexed the earned in- Times today, it did say on the front are 136,000 kids in the State of South come credit for low-income working page, Clinton admits that it is an ex- Dakota who are eligible and will qual- families to inflation to make sure that pansion of welfare. So I think my col- ify for the family tax credit, the fami- their pay checks would keep pace with league raised a good point. This tax re- lies who qualified, are eligible, there the rate of inflation. lief proposal, the intent of it is not to will be 1.9 million, almost 2 million So we got nearly 19 million Ameri- expand welfare. The intent of it is to taxpayers in this country will have cans that have qualified and will qual- give tax relief to middle-income Ameri- their income tax liability entirely ify for the earned income credit, al- cans. wiped out simply because of the family most $28 billion in public assistance Mr. HULSHOF. If the gentleman tax credit. going to individuals that will not have would yield, one additional point, and I These are hard-working people on the to pay Federal income taxes. In fact, I think it is dead on with what the gen- lower end of the income scale who are think the gentleman pointed out a cou- tleman says. July 16, 1997 CONGRESSIONAL RECORD — HOUSE H5391 One of the subcommittees that I I think what we have said in our plan everyone should send their cash to serve on is the Subcommittee on Over- is that we want to apply the tax relief Washington and politicians here will sight of the Committee on Ways and to people who are paying income taxes, spend it on the charity of the govern- Means, and we recently had testimony and particularly given what the gen- ment’s choice. from the IRS, the Internal Revenue tleman has just mentioned about the Mr. BLUNT. I have got a chart here Service, about the earned income cred- amount of fraud in the EITC. The that follows up on what the gentleman it. Unfortunately, the earned income earned income tax credit program is a from South Dakota [Mr. THUNE] was credit is rife with fraud and waste and program that is seriously in need of re- saying and the gentleman from Colo- abuse. form. I think it would be in our best in- rado, Mr. BOB SCHAFFER, was talking In fact, the IRS even estimates that terests and in the taxpayers’ best in- about that shows exactly where these the rate of fraud and error was over 20 terests to reform that program before tax cuts are distributed. This is your percent. Essentially, out of every $5 we ever look at adding a $500-per-child income on this side. Under $20,000, al- then in the earned income credit that tax credit. most 5 percent of the tax breaks are for IRS that the Federal Government was Mr. BOB SCHAFFER of Colorado. those taxpayers. Between 20,000 and giving to these families, $1 out of every This really defines the classic debate $75,000, almost 72 percent. Over 76 per- $5 should not have been paid out be- that we see here in Washington or the cent of the tax breaks are for people cause this error rate is so extremely classic differences, I should say, be- that make less than $75,000. We believe high due to in some instances to fraud- tween Democrats and Republicans, or that to be a real add-your-paycheck-up ulent reporting but some instances just liberals and conservatives. figure, add your check stub up and see error in reporting. It is the difference between the enti- what you are making. When families think about that, The question I have is, given this tlement mentality that the Democrats where I am from, $75,000 is still quite a high level of fraud and error rate found fight for every day here, which if one is bit of money. But if somebody in your by the IRS, is it wise at this point to a Democrat makes perfect sense to family is making $2,000 a month and expand, to seek an expansion of this them, versus our model of encouraging somebody else is making $41,000 a year, earned income practice until we can at honest hard work, which if one is a you are at $65,000 in your family in- least get a handle on or solution to the conservative or a Republican, that of come. This is a family income. This is fraud and the waste and abuse in this course makes sense to us. Because on your total family income. Seventy-six program? one hand what the Clinton administra- percent of the tax benefits here are for I yield to the gentleman from South tion is proposing is within that entitle- people who make less than $75,000, 5 Dakota [Mr. THUNE]. ment mentality, that entitlement percent are for people who make less Mr. THUNE. We had this discussion framework, where we just send cash. than $20,000. These are real numbers. on the floor before, as my colleagues The cash actually comes to Washing- ton and it is redistributed by politi- These numbers count. know, and I think that the point that As the gentleman from South Dakota my colleague made earlier, 80 percent cians here in Washington. We take from some families, we take that cash [Mr. THUNE] has pointed out, the tax of that $28 billion is going out not in breaks are very much in disproportion the form of a credit against taxes that and give it to the charity of the gov- ernment’s choice, which in this case in terms of the taxes being paid today, are currently being paid but as a gov- but they are in proportion to what the ernment check. The question that we would be the individuals who would qualify under the Clinton entitlement Members of this Congress think ought are faced with, I think, in terms of this to happen right now to make American debate is whether or not we want to tax credit. Again, contrasting that with our model which suggests that the families work. add to that government check $500 per The gentleman from Missouri [Mr. harder you work, the more you con- child. HULSHOF] has talked about from the tribute to our economy, the more you Now we talked a lot about statistics minute the alarm clock goes off until in this whole debate, and I would again are willing to try to work hard to you set it again that night, you are mention that 75 plus, 76 percent of the strive for self-sufficiency and provide paying somebody some kind of taxes. tax relief in this proposal goes to peo- for your family, the more we want to We are saying that is too much. We are ple who are, families who are making encourage you. We want to help that. going to have conservative Democrats, less than $75,000. Now just by compari- We want to take less away from you. we are going to have Republicans vot- son, the taxes that are currently being We want to take less cash out of your ing again for this issue if we get to paid in America today, 37 percent of family budget and allow you to keep it, vote on this kind of issue again. Cer- the tax burden, the taxes being paid, not just so you can spend it on things, tainly we had those kind of votes when are being paid by people making less but also so you can be charitable. the Republican majority, helped by than $75,000, and yet we are giving 76 This is the point that I think is fre- conservative Democrats, sent this tax percent of the tax relief to that group quently missed here. President Ken- bill over to the Senate. of people. nedy and President Reagan and many Mr. HULSHOF. I think a point that This is very targeted toward hard- Presidents before that have shown us needs to be made regarding the num- working men and women, middle-class very directly that when you in fact re- bers on the chart that the gentleman Americans in this country, and fami- duce the tax burden on American fami- from Missouri [Mr. BLUNT] has before lies. Sixty-three percent of the tax bur- lies, charitable giving continues to him is that these numbers, this is not den in America, according to IRS fig- climb. In fact, under the Reagan ad- sham accounting. This is not cooking ures, is paid by people who are making ministration, charitable giving reached the books, as the gentleman from Colo- more than $75,000, and yet, under our an all-time high. It was not until we rado, Mr. BOB SCHAFFER, talked about proposal, they would get somewhere in undid the Reagan tax cuts under the the Treasury likes to do with this neb- the neighborhood of 24 percent of the Bush administration, and even taxed ulous concept called family economic tax relief. families more under the Clinton ad- income. These numbers have come ministration, that we saw charitable from the Joint Committee on Tax- b 2230 contributions begin to decline. These ation, which is a bipartisan group that We look at who is paying the taxes dollars, allowing families to keep more takes the effects, the true effects of today, who gets the relief and I think of their cash, to keep that cash within any tax law and determines what is again we are faced with this question their family budget for their own dis- going to be the effect. as to whether or not it makes sense, cretion under their own judgment, to These numbers are what will happen fiscal sense, to the taxpayers of this put toward their children, their over the next 5 years if the President country for people who are already re- schools, their communities, their will sign into law the measure, the tax ceiving 80 percent of the $28 billion in churches, their synagogues, the char- relief measure that we have passed earned income credit going as a pay- ities of their choice is far better, I be- here in the House by an overwhelming ment to people who are not currently lieve, and we all believe, than the lib- majority. These numbers are good paying income taxes. Do we add on to eral Democrat model of the entitle- numbers. They are solid numbers of the that payment $500 per child? ment mentality which suggests that Joint Tax Committee. H5392 CONGRESSIONAL RECORD — HOUSE July 16, 1997 It might even be that those who Mr. THUNE. I notice the gentleman ute more into their communities. That come after us this evening, after our made the comment there as he was again is something that we want to en- time is up, as it draws to a close, will pointing that out, that you impute courage in this country because we talk about, well, 10 years from now your income. I was wondering if that have fostered a culture that has be- these Republican tax cuts are going to was just a slip. come very dependent upon government. explode the deficit, are suddenly going Mr. BOB SCHAFFER of Colorado. We have an expectation in this country to balloon the deficit, and use these That was a slip of the tongue, right. that government will do all things for terms. I would challenge anybody that You compute your income. you. That is, I think, a mentality that makes these spurious arguments. It is Mr. THUNE. I am glad to hear that. we need to get away from. I believe difficult enough for us to try to project You input your income and it will give that this debate is moving us in that a balanced budget plan for the next 5 you the real number, not the imputed direction. years and to try to fashion some mod- number. I would just make one point in clos- est tax relief for the next 5 years. Cer- Mr. BOB SCHAFFER of Colorado. ing, because we look at the breadth of tainly when we start looking in a crys- Right. this thing and the many component tal ball and predicting the future of Mr. BLUNT. The other thing to re- parts of it. In lowering the taxes on what is going to happen 10 years down member here, too, is that as hard as we saving and job creation, investment, the road, I just think it is somewhat have worked on that and as much de- the capital gains tax, I had people disingenuous to make an argument bate as we have had about the dangers when I was in my State last week ask that these tax proposals in the next 10 of giving this money back to the Amer- me, when are you going to do some- years or in the next 15 years are going ican families and the American people, thing in capital gains; we want to sell to do this or do that. we are only managing to give back in the farm but we cannot afford to do it. I do not think this House, if we look this tax cut a third, one-third, of the You look at the estate tax, the death at its track record, those that have dollars that we increased taxes by in tax. We believe that people in this been in control of this House, I do not 1993, the biggest tax increase in the country, when they die, should not think necessarily that we can go to the history of the country. I do not recall have to see the undertaker and the IRS bank, so to speak, on the numbers of nearly this much concern in the Con- at the same time. Those are just fun- the predictions that previous Con- gress about taking three times as much damental values. Those are things that gresses have had regarding the eco- money away from the American people we stand for and believe in. nomic forecasts. as now we have letting them keep a I am delighted to be a part of this ef- Mr. BOB SCHAFFER of Colorado. third of their money. fort and a part of this class and the Mr. Speaker, I would like to point out We hear about giving them money, commitment that we have to accom- for one minute, before we close here, I giving them a tax break. We are just plishing the things that are good for just want to reiterate what has been again letting them keep their money, the future of this country, for my kids said over and over again, and I do not and still we have got a long way to go and for the kids and grandkids in think we can make the point too often, just to get the tax burden, the Federal South Dakota and throughout Amer- that the real numbers that we have tax burden back to where it was in 1993. ica. been working with and that we rely on This is the first step, it is a big step, Mr. HULSHOF. Mr. Speaker, I appre- show us that 76 percent of the tax relief but I just remind people of the country ciate my colleagues joining me this that the Republicans are providing go who are thinking about this debate, evening. I appreciate very much their to families earning between $20,000 a how much debate did you really hear in eloquence and the sincerity with which year and $75,000 a year. Again, that is 1993 as that big tax bill passed about we have approached this debate. Again, 76 percent. how much money we were taking away because of the parameters of the budg- For those people who want to find from Americans, or whether we were et agreement, we are trying to focus out the real numbers for what the im- going to explode the deficit at some tax relief, income tax relief to those pact of this tax plan is going to be on mythical point in the future or what families who pay income taxes. Cer- their families, the Republican Party was going to happen? Were we going to tainly we want to help those on the has provided a Web site that I would explode the American family at some lower income scales, to help pull them- encourage people to visit. The address mythical point in the future, at a time selves up; but because of the earned in- is right here. It is hillsource.house.gov. when we were taking three times this come credit, and especially because of You can call there or visit us here. It is much money away? the disturbing news from the IRS a GOP tax calculator. You impute your We are working very hard, I think we about the fraudulent rate or the error income, and the service here will help have taken a very important first step. rate, I should say, regarding the earned figure out what the impact on your We are just giving a third of that tax income credit, the fact that of the $28 family will be once this tax package is cut that is in very, very recent mem- billion that nearly $6 billion next year agreed to, is signed by the President. ory back to the people and the families will be wasted and paid out to individ- The reason we do this is because we of the country. uals that perhaps do not qualify or who are very proud of it. We are convinced Mr. THUNE. I would just add because fraudulently apply for the earned in- that when real families make contact we are coming to a close here, but I am come credit, again my question to with us and figure this out for them- proud to be a part of this effort. I think those on the other side is, is this the selves and apply our tax relief package most of us, I know our colleagues in time for us to be expanding that cred- to their family income, their average our freshman class, the people with it? Because of the parameters of the family income, they will see a dra- whom we joined the Congress, came budget agreement, should we not be matic reduction in the amount of cash here for a specific reason. It was be- looking to those individuals that are which the Federal Government con- cause we believe profoundly and fun- paying more in taxes than for food and fiscates from your family budget. For damentally that the people in this for clothing and for shelter combined? that reason, we really encourage people country, if given the freedom and the Again, Mr. Speaker as our time is to call. opportunity to make decisions that af- drawing to a close, this is more than This is a winning strategy for us as fect their lives, will do a better job about numbers, this is about choices. It Republicans. The Democrats are scared than the government will. It is all is about people. We want men and to death because they know when the about allowing people to keep more of women across this country to be able American families realize that this what they earn, allowing government to earn more so that they can keep really does affect them and helps them, to become smaller and allowing people more, to do more. It is about improving that it is to our advantage politically to be able to do more because govern- the quality of life, as the gentleman but, moreover, economically and for ment is doing less. from Colorado [Mr. BOB SCHAFFER] the country. That is what we care The gentleman from Colorado [Mr. mentioned, as the gentleman from Mis- about most. Please visit us. We would BOB SCHAFFER] very aptly pointed out souri [Mr. BLUNT] mentioned, as the love to show how our relief package is that when people have more of what gentleman from South Dakota [Mr. going to help you. they earn, they are willing to contrib- THUNE] mentioned. The fact is that July 16, 1997 CONGRESSIONAL RECORD — HOUSE H5393 many couples right now, in order to harder than wealthy people. Some Now that is the general statement make ends meet, have no other choice wealthy people do not work at all. that explains, I think, what the Demo- than to have both spouses working in They have just basically inherited crats are complaining about when we order to put food on the table and a their wealth in some cases. And what say that the average person, in this roof overhead. the Democrats are saying is that mid- case a working middle income family, dle-income families should get the b 2245 are not getting a benefit of a child tax largest share of the tax cuts because credit under the Republican plan and a We believe, the newly elected Mem- they need it the most, and we have a reduced amount of money that is avail- bers on the Republican side believe, limited amount of money to give back able for higher education. that taxpayers should reap the rewards in tax relief because I would remind my But I just wanted to illustrate my of their efforts and our efforts to colleagues on the other side that our New Jersey case again, if I could, and shrink the size of the Federal Govern- basic goal with the budget bill is to then I would like to yield to some of ment. As we force Washington to bal- eliminate the deficit. my colleagues who are joining me here ance its books, and as we hold govern- So why should we not give the tax this evening. ment programs like the earned income cuts to middle income working fami- This is a woman, Deborah credit accountable, and as we shape lies primarily? That is all the Demo- Hammerstrum, who is a resident of and force a smaller, smarter, more ef- crats are essentially saying. We put Toms River, NJ. She is a divorced fective government, Washington does forth a plan basically that would truly mother of 2 children living on a single not need as much of the American peo- benefit middle-income families. We are income, and she wrote to me, and I ple’s money. The money should stay in advocating a tax cutting plan that is quote, ‘‘to stress the importance of the pockets of hard-working men and fair and that helps the majority of how a child tax credit would help to women across this country, not into Americans as promised in the original offset some of the financial burdens this bloated bureaucracy or into any budget agreement that was reached that come with raising a family on a schemes to redistribute income. It is this past May. single income.’’ Ms. Hammerstrum I believe very strongly that what the the American people’s money. They earns $21,500 in her job as the benefits Republicans are doing here is reneging have earned it, they should keep more coordinator for Visiting Home Care on the promise that they made when of it. That is what this tax debate is all Services of Ocean County, NJ. She pays they signed with the President and said about. That is why it is so important. $105 a week for child care, actually that as part of this balanced budget f $5,460 a year, so that she can work. She agreement most of the tax cuts would is working. THE TAX CUT DEBATE go to middle income working families, Now, to quote again from her letter, and unfortunately the Republican lead- The SPEAKER pro tempore. Under she says, ‘‘Unfortunately, the Repub- ership is not honoring this agreement the Speaker’s announced policy of Jan- lican child tax credit proposal is tar- made on behalf of the American people. uary 7, 1997, the gentleman from New geted against those who need it most, They are basically breaking the prom- Jersey [Mr. PALLONE] is recognized for those who are just one step away from ise that was made to middle-income 60 minutes as the designee of the mi- falling into the welfare system.’’ She people. nority leader. works, she pays for child care, she pays Mr. PALLONE. Mr. Speaker, I want- Now, what we have tried to do as Democrats is to illustrate in human for food, a roof over her family’s head, ed to start out this evening by pointing and nothing more. out that I believe most Americans now terms the implications of this Repub- lican tax scheme, and I just wanted to The child tax credit should be given realize that the Republican tax cut to financially benefit the child, and I strongly favor the rich, and when I mention, I have mentioned it before, but I wanted to mention an individual, think a child from a middle income hear my colleagues on the Republican a family from New Jersey, that wrote family would benefit greatly by receiv- side of the aisle constantly try to say to me about a month ago now and also ing this credit. She would get nothing that that is not true, I think it is be- talk about this family and others in under the Republican proposal, and the cause they realize that the word is get- terms of the education benefits of the reason for this is because the Repub- ting out that the average American un- Democrat versus the Republican bill. lican bill denies the $500 child tax cred- derstands that this Republican tax I have a chart here that talks about it to more than 15 million working plan is basically favoring the rich, and how a typical working family fares in families because it does not let them the media, the newspapers, are obvi- 1998 under the GOP versus the Demo- count the credit against their payroll ously making that point as well be- cratic proposals. This is a family that taxes. cause they understand it. has an annual income of $24,000. The I heard my colleagues over and over In fact, two-thirds of the Republican family has 1 child, age 10, and another again on the floor tonight say that the tax cuts in the House bill go to house- child, age 19. The 19-year-old is attend- only people who should qualify for this holds with incomes of more than ing his first year of community college child tax credit are people who pay in- $100,000, and I believe it is a disgrace with an annual tuition of $1200. Under come taxes; in other words, if the child that those Americans in the bottom 40 the Republican bill the scholarship tax credit, I mean, if with the earned percent of the income; in other words, that would go to the student, to the income tax credit which we have on the these are still working Americans pay- child, that is in the community college books now, that person, in effect that ing taxes, essentially get nothing. The basically is $600. Under the Democratic earned income tax credit, goes above Republican tax scheme would deny the alternative it is a lot more, $1,100 what their income tax liability is, that child tax credit to taxpaying working phased up to $1,500 by the year 2001. they should not be able to take advan- families but give big business and their Even more or just as important is tage of the child tax credit that we are country club buddies a tax break wind- what happens with the child tax credit. proposing. And that is simply unfair, fall. This is this credit that the Republicans Mr. Speaker, because basically what it Now I listened to what some of my promised many times before would go says is that we are not going to count colleagues on the Republican side said to all working families if they had de- for this working family the fact that tonight in the last hour, and it was pendent children, but what they have they pay payroll taxes, Federal payroll really interesting because basically done in their Republican tax plan is ba- taxes, the fact that they pay Federal what they were saying is that the more sically say that many families, includ- excise taxes or might pay local prop- money you make, the bigger tax cut ing this one, which again is making an erty taxes. These families, including you should get, and they short of jus- income of $24,000 a year, would receive Ms. Hammerstrum, are paying a lot of tify this by suggesting that the harder no child tax credit because they do not taxes, and it does not make sense to you work the more you earn; in other qualify because of the earned income me to say that they should not get this words, somehow that people who earn tax credit which some of my colleagues extra $500 child tax credit. more work harder. talked about tonight. Under the Demo- I have other examples, but I do not The problem is that is simply not cratic plan they would get the family want to use them right now because I true. Many middle-income people work $300 phased up to $500 by the year 2001. wanted to have some of my colleagues H5394 CONGRESSIONAL RECORD — HOUSE July 16, 1997 talk about some of the same issues and from the combination of the income credit. You only receive the credit up possibly use some other examples. tax, the earned income tax credit and to the amount of payroll taxes that But I really feel very strongly that the payroll tax. The contract included you in fact pay. the Republicans are pulling the wool both the employer and the employee My colleagues on the other side of over the average American’s eyes, so to share of the payroll tax in determining the aisle have a lot of explaining to do. speak, because they are suggesting a family’s child credit. The contract They are dealing in a lot of double-talk that people who are working are some- proposal would have allowed many these days. But I go back to my earlier how on welfare and should not have the families that owe no income tax after point, which is that the American pub- benefit of this child tax credit. And the EITC is considered but pay hefty lic is not buying it, because the point that is unfair, and it breaches the payroll taxes to receive the child cred- of fact is that our Republican col- promise and the commitment that was it. leagues in fact do not understand and made when we started working on this The point in fact is that those who are insensitive to the lives or the needs balanced budget agreement. signed and those wannabees who wish of working middle-class families in this I yield now to the gentlewoman from they would have signed have walked country. Connecticut. away from the Contract With America. The public has seen them for what Ms. DELAURO. Mr. Speaker, I thank In fact, to put it in the vernacular, they are and is going to reject this tax the gentleman from New Jersey for they welched on the deal, and now proposal they are making, and in fact taking this time so that we can have a what they want to do is to claim that we are going to reject it in this House debate and discussion about one of the those families, teachers, waitresses, po- and in the Senate, and the President is most important issues that we are fac- licemen, nurses, people who are work- going to reject it as well. ing in this Congress, and that is who is ing hard for a living, raising their fam- I thank my colleague for allowing me benefiting from these tax proposals ilies, scrambling to pay the bills, peo- to participate in this discussion to- that are on the table today, and I think ple who are paying taxes, working and night. you make the point working families paying taxes, are now all of a sudden, Mr. PALLONE. Mr. Speaker, I thank today understand the sham that the with my Republican colleagues, people the gentlewoman for her comments. It Republicans are trying to pull on them. who are on welfare. was amazing, listening to the other They do understand it. I tell you be- Mr. Speaker, it is a disgrace, and side, to the Republicans tonight criti- cause it is evident in the data, and just they demonstrate their insensitivity cize the very concept of the earned in- a couple of points. and their lack of understanding of come tax credit. They said we should Sixty-one percent of Americans what working families are all about in not have it at all, and somehow sug- think the Republicans are out of touch today’s society. gested this was strictly a Democratic, with the American people, and they are My colleague from New Jersey made liberal, or welfare proposal. right. Fifty-two percent of Americans a point earlier that people are paying think the rich would benefit most from The bottom line is that President taxes, property taxes, excise taxes, Reagan, who is their biggest ideologi- the GOP tax plan, and they are right. payroll taxes, and they pay a heftier Americans prefer the democratic tax cal champion historically, I guess, was chunk of those taxes than those who a big supporter of the earned income plan over the GOP plan by a 2 to 1 mar- are at the upper end of the scale. And gin, 60 to 31 percent, and Americans tax credit, and thought it was a great in fact those are the families who for way for middle- and lower-income peo- strongly prefer Democrats’ education the last 20 years have watched their in- child tax breaks over the GOP’s capital ple who were working to get some kind comes either stagnate or decline, and of a tax break. As the gentlewoman gains and estate tax breaks 63 to 32 their tax burden increase, who now our percent. mentioned, it was in the Republicans’ Republican colleagues are saying these Contract With America. It is important to mention those be- are folks who are on welfare. And they Earlier this year Senator LOTT, the cause the American public is truly see- welched on this deal because what they Senate majority leader, in his proposal ing through what the Republicans in want to do is to squeeze these folks in for tax cuts proposed that individuals this House are trying to do. order to make it possible to index cap- who received the earned income tax The most disingenuous part of this ital gains so that in the second 10 years credit would still be able to get the debate is that there were several people of this tax proposal we would see an ex- child tax credit. So this is a last- on the floor here tonight. Now a num- plosion of the deficit. And in addition minute thing. ber of them are new Members so that to that, they would provide a $22 bil- The reason it is happening, and it they were not here for the signing of lion windfall tax break to the richest goes back to what I said before, is that the Contract With America. As my col- corporations in this country, the we have a very limited pot of money league will recall, this was done with Boeings, the Exxons. great fanfare on the steps of the Cap- here. If you are not going to balloon b itol with the Speaker of the House, 2300 the deficit, if you are actually going to [Mr. GINGRICH] and the majority of the They would scale back the alternate balance the budget with this bill, Republicans in this body. There was minimum tax so that these corpora- which is what supposedly we are doing, one gentleman on the floor tonight tions could in some instances wind up then you have a limited amount of who did sign the Contract With Amer- without any tax obligation at all. They money available for tax cuts. ica, and I would bet that those new will stand in the well of this House and If Members want to give these tax Members here campaigned on the Con- they will talk about the Contract With breaks, the capital gains tax breaks tract With America. America. I watched as the Speaker of the way they have figured it out, the Now they may never have read the this House punched the ticket as each estate tax breaks the way they have Contract With America, or they have item in the contract, he said, was being figured it out, and the corporate tax put it aside and want to forget what it voted on on the floor of this House. breaks to the wealthy individuals, the is that they signed, what they talked Yet, they would now either choose to wealthy families and the corporations, about, because let me talk about the forget what they signed, refuse to be- then you cannot take this limited child tax credit that was contained in lieve what they signed, lie about what amount of money and give it to middle- the Contract With America, and this is they signed, walk away from what they income people who are working. You from a third party association, Center signed, and talk about those folks who have to find some way, as the gentle- on Budget and Policy Priorities. This pay income taxes, who pay payroll woman said, to squeeze them so you is not something that is a document of taxes, and call them welfare recipients. can give this money to the wealthy a Democratic organization or a group. It is a disgrace and it is outrageous. corporations or individuals. This is an independent organization. As a point of fact, the President’s Of course, the other thing they do is The child tax credit proposal in- proposal would only allow the child tax at the end of the 10-year period, they cluded in the contract would have al- credit to those families who are work- start giving these breaks even more so lowed the 500 per child credit to be ap- ing and who are paying taxes. Other- with the capital gains indexing and the plied against a family’s net tax burden wise, you do not receive a child tax other things. As a result, they in fact July 16, 1997 CONGRESSIONAL RECORD — HOUSE H5395 do balloon the deficit and the deficit in Michigan would not be allowed to They came to power here in 1995. starts to grow again. So it is totally an even take advantage of the $500-per- Guess what? They have not passed a effort, a scam, essentially, on the basic child tax credit because of the earned budget yet. We have not had one budg- purpose of this balanced budget bill. income tax credit or their family in- et passed yet. It has been continuing Ms. DELAURO. Mr. Chairman, I have come or for some reason. budget resolutions, continuing budget just one more point, if my colleagues Look what we did in 1993. When we resolutions, of what? The Democratic would indulge me. The fact is they came here, and I came in 1993, I was plan to reduce the deficit, balance the made a lot of promises. They made a elected in 1992, if Members take a look budget, invest in people, and invest in lot of promises to their rich friends. at what happened, we had an economy, our economy. They are squeezing, as the gentleman and if Members take a look at Mr. That is what happened because they has said and as the other gentleman Bush’s economic adviser, Mr. Boskin have not passed their own budget. It said, the lower end of the scale, be- back then, a week before President Bill has been, well, Members remember cause with that limited pot of money Clinton took office Mr. Boskin pro- they could not pass their budget, so they cannot make the commitments jected the budget deficit to be $332 bil- what did they want to do? Shut down that they want to do. They have been lion. Three hundred thirty-two billion the government. They did that. Just waiting a very long time to do a tax dollars. like on the disaster aid they did for the bill that in fact would reward the rich- So the President came in, and after Dakotas, they got their own way. est folks in this country. getting a grip on what was going on But because of what we Democrats The one final comment I want to around here, we proposed the largest did, we approached the task and we are make, which is what the gentleman deficit reduction package ever seen in in better shape from a fiscal point of said, is that there are some people who this country. In that deficit reduction view than any other of the major in- make an awful lot of money in this package we expanded the earned in- dustrial nations in the world. Both our country, who do not do a lot of work come tax credit, because we knew deficit and our public sector are sub- for it. They do not do a lot of work for those folks were playing by the rules, stantially smaller. We have the small- it. That is okay. That is okay. Maybe working hard, trying to stay off public est Federal Government since the days their parents or they inherited wealth, assistance, needed a little extra help. of John F. Kennedy, back in the 1960’s, or whatever it was. That is okay. We gave it to them in that vote, in even though the country has doubled. But not when we have limited re- that deficit reduction package. We have less people than back then, we sources do we have to be in the busi- It kept their heads above water, it have less people providing more service ness of providing the richest people in kept them off public assistance. Every to this country, over 260 million people this country, the wealthiest corpora- piece of income they received, whether in this country. tions in this country, with an oppor- it is an earned income tax credit or a We are clearly reaping the benefits of tunity for tax relief which is deserved per-child credit, because of their lim- the success of cutting the deficit. We by hardworking middle class families. ited means, they spent it. They put stand on the verge of it. So we are say- Mr. PALLONE. Mr. Speaker, I thank money back into the economy. So that ing, if we are going to give tax credits, the gentlewoman for her comments. was sort of the plan that we did in 1993. if we are going to give a $500-per-child Mr. Speaker, I yield to the gentleman Look what we did since 1993 to reach tax credit, let us give it to the folks from Michigan [Mr. STUPAK]. a balanced budget. Why are we here in who really need it. Mr. STUPAK. Mr. Speaker, I thank July of 1997, 4 years later, talking Those folks who get the earned in- the gentleman from New Jersey for about giving tax breaks because we are come tax credit still pay their Social once again organizing and participat- on the verge of balancing the budget? Security taxes, still pay State taxes. In ing in this special order, and also the We have already done so much of the fact, all year while they are working gentlewoman from Connecticut [Ms. hard work to reach a balanced budget. they are still taking income taxes out DELAURO] and our friend, the gen- Before President Clinton took office of their check. At the end of the year tleman from Massachusetts [Mr. the deficit was a record number. In 1992 if their income falls below a certain OLVER]. it was over $290 billion projected and level and they have so many depend- I would like to pick up a little bit on headed up to $332 billion. In 1993 we ents and people making up their fam- this earned income tax credit. In my worked with the Congress, the Presi- ily, then they get an earned income tax district, the First Congressional Dis- dent did. We enacted his economic pro- credit. It is a benefit at the end, but we trict of Michigan, the northern half, gram to lower deficits and put more in- are going to deny them a per child actually the earned income tax credit, vestment in people, in our own econ- credit? when we passed the deficit reduction omy. The plan passed the Congress I have to share this with the Mem- bill in 1993, over 3,200 families in my with only Democratic support. Mem- bers. Just before I came down, I got a district benefited from an expansion of bers will remember, the Vice President call. We were out here last week too, the earned income tax credit. had to break the tie in the Senate. But talking about this issue. A person from The median income, median family the Democrats, we stood by it and we Marquette, Michigan, where I rep- income, in my district is only $27,482. paid for it. In the 1994 elections some resent, was not happy with this idea of That is the median income. These are people did not like the plan and we lost the earned income tax credit. the folks, if you had a husband and the majority of the House, but we did I got to talking with this lady. She wife and two children, they would be what was right for this country. did admit that at one time she had the entitled to an earned income tax credit Since then, since that vote in August earned income tax credit. It was okay at that median income. It is quite large of 1993, the deficit has fallen by 63 per- for her, and she assured me she was in my district. Like I said, over 3,200 cent. We are now looking at a deficit of only on it for a year, but what was it families could take advantage of it. somewhere around $60 billion. Some there for? She needed a helping hand. So what the Republican proposal said are saying it may even be $35 or $20 bil- It was not a handout, we gave her a is if you are getting the earned income lion when we close our books on Sep- helping hand. tax credit, you are not allowed to take tember 30. We have the smallest deficit She got back on her feet, she was the $500-per-child tax credit that is of- since 1981, and it is the smallest per- doing quite well. Now she wants a big fered. When we look closely at their centage of our gross domestic product. capital gains tax. I am pleased she is legislation, it is not just people on the It is the smallest since 1974. looking at a capital gains tax, but at earned income tax credit but other peo- So in fact the percentage of the defi- the same time, I am not going to leave ple who would not benefit from the cit of our gross domestic product is behind those folks who are playing by $500-per-child tax credit. going to be less than 1 percent of our the rules, working hard, trying to get The gentlewoman from Connecticut gross domestic product here in 1997. ahead. They should get that $500-per- [Ms. DELAURO] said they may be Our friends that were out here an hour child tax credit and they should keep welching, but according to the Center earlier, they were talking about how their earned income tax credit, because for Tax Justice and Policy, 45 percent their budget is going to do this and we will save money in public assist- of the young people under the age of 18 that. ance, we will save money in education H5396 CONGRESSIONAL RECORD — HOUSE July 16, 1997 and in other ways, and give them some b 2315 We have a strong, robust economy. hope, give them some future. Mr. PALLONE. I was listening to the And my colleagues know all the dire The earned income tax credit, we gentleman’s comments and then com- predictions: If we passed the Democrat should expand it. We should put the paring some of the comments that were plan back in 1993, there would be a $500-per-child tax credit in there. Those made by some of our Republican col- great depression, massive unemploy- are the folks who should get it. Those leagues earlier. ment. The deficits would be $700 bil- are the folks we are trying to help out. If the gentleman listened to them, lion. Just never materialized. Clearly, clearly, because of the Demo- what they were basically suggesting So we stand here tonight proud as cratic plan that came forward in 1993, was that somehow what their proposal Democrats of what we have done. We we are on the verge of balancing the did, their Republican tax cut proposal, have more to go, and we are not going budget right now. We are reaping the was to give money back to Americans to give up this fight because our strat- benefits of our success in cutting the but somehow ours did not. And the re- egy is sound. We invest in people, and deficit. We have an economy that in 4 ality is that we are talking about the that is where it has to be. years—before the President got here, same pot of money here. Mr. PALLONE. Mr. Speaker, the gen- there were very few jobs. Our deficits The question is, who is going to get tleman pointed out, as did the gentle- were at record levels. Business invest- it back? The individual who is middle woman from Connecticut [Ms. ments only grew, savings investments income, who is making $20, $25,000 a DELAURO] that a lot of promises and a were all down, interest rates were up. year, gets the $500 tax credit back from lot of agreements are being broken Members remember those bleak old the child tax credit, they are going to here. days. go out and spend it. And the wealthy The gentlewoman from Connecticut Now there is almost euphoria because individuals that the Republicans want [Ms. DELAURO] talked about the con- we stand on the verge of doing it. We to give the tax money back to, the tax tract and the promise to give the child are saying, as Democrats, let us give cut back to, they are going to spend it tax credit to everyone who was work- that $500-per-child tax credit to those as well, so in both cases the money is ing and paying taxes. But this promise people who really need it, and let us re- coming back to Americans. They are to reduce the deficit and balance the invest not only in our country, but also going to spend it, and that hopefully budget is also a major one that is being in the people who helped to make it. will fuel the economy. broken here. And the analysis that our Mr. Speaker, that is why I was very But the question is, who is going to colleagues on the other side kept bring- pleased to come down here tonight. To spend it? I think what you are pointing ing up tonight by the Joint Committee the lady that called me from Mar- out is that the people that receive the on Taxation, I believe was basically quette, Michigan, I appreciate her call. earned income tax credit who should looking at the first five years of their I appreciate her honesty that even she also get a child tax credit, they are proposal, and most of these tax breaks spending it in many cases on basic ne- at one time had to use the earned in- for the wealthy are coming at the end cessities, food, housing, clothing, what- come tax credit. We should continue. of the 10 years. Again, if we cannot reach out and help ever. So there really is no difference The Treasury Department and the out our neighbor and the people who between our points of view, other than other nonpartisan analyses that we are providing the services, like the po- who we are giving it to. We want to have used and the Democrats have give it to middle-income working peo- lice officers and nurses, and even peo- mentioned all look at this over the 10 ple. ple who may work for city government years. What they point out is that with or people who are disabled, remember, Mr. STUPAK. Mr. Speaker, if the these big tax breaks at the end of the they pay taxes every day, in every gentleman will continue to yield, the 10 years, this deficit, which as you shape and in every form, whether it is gentleman mentioned who is going to know, Mr. Speaker, everyone here has their Social Security tax, their FICA, get it. Under their proposal, verified by been working so hard to try to bring their sales tax, their gasoline tax. We Treasury and CBO and others, if you down, now all of a sudden it will start hear a lot about that. They are paying make more than $250,000, under the Re- to go up again and balloon and have those taxes. publican plan they are going to get I think we as a country, the richest back $27,000. That is equal to the me- the negative impact on the economy country in the world, the most power- dian income of the people in the First that we have been so concerned about. ful country in the world, a country Congressional District of Michigan, So they are breaking another major that has their deficit under control, which is $27,482. So they are going to promise there with regard to the defi- thanks to the Democrats, we certainly give the wealthiest $27,000, which is cit. Ms. DELAURO. Mr. Speaker, if the should reach out and help out those equal to the median income in my dis- folks. trict. And then those folks who are at gentleman will continue to yield, I was pleased to come down here to- the bottom 20 percent of the economic sometimes people think that some of night and join the gentleman in this ladder, the people who depend on the the things that are said here at this special order. I appreciate all the hard earned income tax credit, who need the hour are just something that is created work the gentleman has put in. Not $500 per child, according to the same out of whole cloth. only do we have the $500-per-child tax folks they are going to pay $63 more. In terms of what you were saying credit, but we have the education tax So I think we have it reversed. That about the second five years and the credit to help folks go to school. was the difference back in 1993 between statistics being cited by our Repub- The Democratic plan is well bal- the Democrat proposal and the Repub- lican colleagues, the Joint Committee anced. It helps out those who need it, lican proposal. Which one worked? on Taxation, I mean their work, quite people whose earned family income is Ours did. frankly, has been debunked, what they less than $75,000. I told Members, in my We are now within striking distance have done, because they only look at district it was $27,482. of balancing the budget, first time the first five years. We look forward to passing the since 1969. It is not the time to abandon In today’s Washington Post, the peo- Democratic plan. I ask the President to the responsible, effective strategy of ple who wrote this bill, to quote, are stand firm with us. We will work this cutting the deficit and investing in our not defending its distributional con- thing through. We will invest in people, people that has resulted in the very sequences; that is, how this money lays we will invest in our economy. We will strong economy we have today. out to various groups in the economy. put consumer and business confidence That is the Democrat proposal. That They are denying them. The plain facts back and continue it in this economy. is the President’s proposal. I urge all are that the bill over time would not As we have shown over the last 4 or my colleagues to stand with us. We just mainly benefit the better off but 5 years, the Democratic plan has been have done it. We should take some would cost the government revenues it the plan that has lifted this country credit for it, but at the same time let cannot afford. The bill is carefully out of its doldrums, and we are now on us be smart about it. Give the break to written in such a way as to make the the verge of balancing this budget. We those who need it. Let us invest in our revenue loss look small at first. Then are going to finish the job and at the people, because they put it back in our it soars. It is not just the Treasury same time invest in those people. economy. that says so. Using accepted methods July 16, 1997 CONGRESSIONAL RECORD — HOUSE H5397 and conventions of analysis, the Con- think tanks, economists from the pro- Then I would like to note one other gressional Research Service and the gressive think tanks have all looked at thing that shows up from the polling, vast majority of other analysts do so the different plans and totaled up ex- and that is that Americans prefer very as well. actly how they are distributed over the strongly, by better than a 2-to-1 mar- Congress’s Joint Committee on Tax- period of time. Very easy to do. Hun- gin, the way the Democratic plan deals ation says otherwise. The JCT was dreds and hundreds of columns have with cuts, tax cuts attributed to edu- once the great redoubt of integrity in been written and editorials have been cation benefits and those that relate to such matters. It has been converted written in newspapers of every stripe child tax benefits. into a political parrot. This is not only all over the country. The Americans, by more than a 2-to- just the Washington Post but distin- Somehow out of all of this, out of all 1 margin, prefer the Democratic plan guished and reputable people are talk- of these columns, people have listened. on education and for child tax breaks ing about the analysis done by the They have watched programs like this. over the Republican plan, which puts Joint Committee on Taxation as just They have read the editorials and the more of the money into capital gains now being a political tool and a politi- columns, and out of it all there is now tax cuts and estate tax cuts. cal arm of the Republican majority. the returns as to how people are think- Now, why do they prefer the Demo- Mr. PALLONE. Mr. Speaker, I think ing about it coming back in the polling cratic plan on education, for instance? it is abundantly clear. If you listened, that has been done. Well, part of the President’s proposal every reference tonight was to the A majority of Americans think and here has been that he is demanding and Joint Committee on Taxation which, believe that the rich would benefit he is going to defend the idea that as you point out, every major news- more from the Republican plan than there is going to be $35 billion of tax paper and every nonpartisan analyst from the Democratic plan. Of course, reduction to provide benefits for people has said that this has just become to- that is right. And Americans are very to be able to send their kids to college. tally politicized in only looking at the wise that way ultimately because they That was part of the agreement that first five years. have come to understand that a Repub- was reached between the President and Mr. Speaker, I yield to the gentleman lican tax plan is going to benefit the the leadership here in the Congress from Massachusetts [Mr. OLVER]. rich. That is just a given about poli- from the majority party. Mr. OLVER. Mr. Speaker, I thank tics. The difference is that the President, the gentleman for yielding. I certainly And then out of this they also have in his plan for giving education tax want to thank him for taking the lead- shown in the polling that they prefer cuts, would allow a HOPE scholarship ership, as he has continued to do, to the Democratic tax plan over the Re- to provide up to $1,500, when it is fully bring these groups together to discuss publican plan by at least a 2-to-1 mar- phased in, for families in the first 2 this time after time after time. gin. That is very understandable, too. years of college. And then in the sec- I wanted to comment on exactly One thing that comes out, however ond 2 years of college, he would allow where he was going in one of his very you cut it, slice things up, I want to 20 percent of their tuition costs, up to recent comments there, wondering how use kind of an example and take my tuitions of $10,000, to be given in the do the people, how do people make a hand and use as the example cutting way of a tax credit. decision as to who to believe in a situa- all of American families into five b 2330 tion like this. In very hotly contested, parts. The 20 percent of the wealthiest The Republicans cut those benefits controversial issue like this, there are families over here, then down the line that would go to families that are try- claims and counterclaims that are laid to the 20 percent who have the lowest ing to send their kids to college; would down by different people. income over at this end. cut those deeply. I have been in the Congress, now in And the statisticians who have The gentleman’s chart up there my 7th year, and it is easy to become looked at this show quite clearly that shows that it is almost in half for the quite cynical. I often wonder how it is the 20 percent wealthiest Americans HOPE scholarship, in the instance that that people do make those, reach those under the Republican plan get two- the gentleman had done, but then to conclusions. thirds. Two-thirds of all of that equal top it off, to top it off, really to add to In this particular year in the tax de- amount total of tax reduction goes to the insult of cutting the education ben- bate that we have been going through, this group. efits in half essentially from what the it seems to me it has been particularly In the Democratic plan, as it came President agreed to, they then raised difficult for the Republicans to sustain through the House of Representatives, taxes on graduate students, who also their deliberate misinformation, delib- in the Democratic plan and in the are going to school. erate misinformation here about ex- President’s plan, it turns out that two- They raise taxes on the families who actly who it is that is going to benefit thirds of all of the tax reduction goes work for colleges and universities, from their tax cut plan. Because, as to these three groups of families that whose kids are going to those same col- you pointed out, the Democratic House represent 60 percent of all American leges and universities where they work. and the Republican House and the families which are the American mid- They would see an increase in taxes for President and the Senate, which seems dle class. them. And there are hundreds of thou- to have one plan all its own, but at So it is perfectly clear why 60 percent sands of them. And they would raise least those four plans, there are four of Americans ought to prefer the taxes on the men and women who teach different plans, all of them are in- Democratic plan, because at least that in our colleges and universities by tended to give, because it was an agree- 60 percent of the families do better, do changing and increasing the taxes that ment along those lines, exactly the twice as well at least, all of the fami- they would pay on their retirement same total amount of tax reduction in lies in that middle income area do at plans. a period. least twice as well as they would under So what we have here is a situation So my colleague from Connecticut the Republican plan, whereas under the where an agreement was reached to points out that the opposite side only Republican plan of course it is only the provide $35 million of tax reduction counts the portion, because it makes very wealthiest 20 percent who get the that would help people. And it is par- their point, that it is going to be done vast majority of the tax reduction. ticularly middle income families who in the first five years; whereas the So there is a great deal of wisdom would be helped here, to help families agreement that had been reached be- that comes through and people pick up put their kids through college. tween the President and the congres- out of all of what has been said and lis- The Republicans have been trying to sional leadership was to cover a whole tening to it all very carefully. They weasel out on that agreement that 10-year period and to make certain come through with the right answer, they had reached. So that what they that they would not cause a return of that they should prefer the Democratic are doing is cutting the tax reduction deficits in the longer haul. plan because the Democratic plan gives less than what the President has asked So it is much easier in this term, in the vast majority of the money to the for and, in fact, applying taxes to those this case to look at what the totals great middle class, that group of fami- groups that I mentioned, to the grad- are. Economists from the conservative lies in the center. uate students, to the families who H5398 CONGRESSIONAL RECORD — HOUSE July 16, 1997 work at the different colleges and uni- Mr. STUPAK. If the gentleman would and all the others. And each one of versities, and to the people who teach yield, on the capital gains tax, I think them has to be looked at and analyzed, at those colleges and universities. a very important aspect we should and they have been analyzed by the That is a pretty weasely thing to do point out here is that underneath the economists both on the left and the and it is very much against the agree- Republican plan, the capital gains right, and by those columnists and edi- ment that had been reached. drops from 28 to 20 percent, then there torialists. And, ultimately, when we On the other hand, if we look at what is a 26 percent tax on the previously de- put it all together, ultimately when we the proposals are in terms of capital clared depreciation. It is called depre- put it all together, it just turns out gains, the Republican way of dealing ciation recapture, and it is a rather that the Democratic plan gives these 60 with the capital gains reduction is to complex formula they have in their percent of families in the middle, out give a large tax break to the super bill. of the combination, more than twice as rich. Because it is the super rich who Underneath the Democratic plan, the much of the total tax reduction. have the greatest amount, by a vast gentleman is correct that ours goes And it is equal in the different plans. majority, by a vast margin of the cap- from 28 percent to 18 percent, and it is The total is the same in the different ital gains in this country anyway. It is for those on their home, small busi- plans. But the Democratic plan and the the people who have made their vast nesses, family-owned businesses trans- President’s plan gives more than twice amount of money on the runup in the ferred within the family members and as much of that money to these middle stock market and so forth, the very farms. The point being that we can income families, the 60 percent in the wealthy, who have large amounts in drop our capital gains greater, from 28 middle, whereas the Republican plan the stock market. They would get a percent to 18 percent, because it is tar- gives four times as much actually than huge benefit out of the capital gains geted to the middle class and, there- the Democratic plan to that wealthi- tax reduction that has been proposed. fore, we can give a larger aggregate tax est, that wealthiest one out of five In the Democratic proposal, middle break to more people. families in this country. income families who, yes, some people Underneath the GOP plan, they go That is the major difference. That is have a few stocks, I even have a few from 28 to 20 percent then a recapture what people understand about this. In stocks, but I am not one of those who of 26 percent, and it costs us more its gross overall form, that is what I plays around in the stock market, but money because it is geared towards the think people understand this year. I do have a few stocks. But for most high income items; collectibles, intan- Mr. PALLONE. The other thing the middle income families, that three out gibles, not real things like farms and gentleman from Massachusetts men- of five families in the middle, whose in- homes and small businesses. tioned, that I think is so important come probably lies somewhere between So I wanted to make the point that and goes back again to what we were $17,000 a year and somewhere around underneath the Democratic plan, actu- saying in the beginning, is that on the $75,000 or $80,000 a year, for those fami- ally people make out better under- education tax cuts, again the Repub- lies the main thing that they would get neath the Democratic plan, just from licans are breaking the deal. or ever see a capital gain on would be 28 to 18, where the Republican plan is A commitment was made that a cer- their home. tain percentage of this tax cut plan in Under the Democratic plan we pro- 28 to 20 plus a 26 percent recapture tax. So it is pretty interesting how it all dollars was supposed to go to education vide for that capital gains tax reduc- breaks out, because it is all who is it tax cuts and it was primarily to be tar- tion on an individual’s home, so middle income families get that. But we would geared for. Is it for the upper 20 percent geted to middle income people. And the not give it for speculations on stock or of the middle class, to use the gentle- President was the person who pushed for the sale of collectibles, stamp col- man’s five elements there. I have to go the most for that because President lections and coin collections and things back to the old saying here, here is the Clinton believed very strongly that we of that sort. We would not do that be- upper 20 percent, and it goes to the old needed a well educated America if we cause that is something that would saying the rich get richer, the poor get are going to compete in the global benefit only the super rich. poorer and those of us in the middle economy; that education was the most We would prefer, on the Democratic get squeezed. And I think the five fin- important thing for the future of the side, to give the tax breaks to lower in- gers work pretty good for that. country. come working families in ways of al- And that is why under the capital His biggest criticism, and I even have lowing their kids to go to college and gains, the HOPE scholarship, or even some statements here from Secretary giving it on homes and small busi- just the earned income tax credit, the Rubin criticizing the Republican tax nesses and the transfers of small busi- $500 per child credit, that is how the incentives with regard to education, is nesses, where most of the jobs in this Democratic plan works out so much because he says it breaks the deal on country are provided anyway. That is better and reinvests in people and back the budget, it does not give enough how the Democratic plan would give in this country. money for education, and it particu- out the capital gains tax reductions. Mr. PALLONE. If I could just say, I larly does not help people who are So people, again, prefer or they have am really pleased that the gentleman working people at the lower end of the shown by a better than 2 to 1 margin from Michigan [Mr. STUPAK] pointed spectrum, so to speak. that they prefer the Democratic plan out the capital gains difference, be- If I could just mention briefly some on the tax reductions and the Presi- cause I think the Republicans would statements from Secretary Rubin’s let- dent’s plan on the education tax reduc- like the public to believe that the ter to the conferees, he says tions over the way the Republicans Democrats are not reducing capital Both the House and Senate bills are incon- deal with the education breaks, and gains. In fact, they are reducing them, sistent with the bipartisan budget agreement would prefer our plan for its education in many cases even more, but they are because they fall far short of meeting the cuts over the Republican plan which targeting them primarily to home- specific agreement of providing roughly $35 owners. Whereas as the gentleman billion over 5 years of higher education in- has those capital gains tax cuts that I centives along the lines of the President’s have described as going very much to mentioned, under the Republican plan HOPE scholarship credit and tuition deduc- the very wealthy in this vote. it is basically across the board and, tion proposals. Each bill significantly re- Again, they are showing the wisdom therefore, it means with stocks, bonds, duces the value of education benefits for mil- that Americans ultimately show in collectibles, and all these other things lions of students attending low cost institu- these sorts of situations. They have that it is primarily going to the tions by cutting the percentage of expenses picked up exactly what it is that is wealthy families. covered by the credit, 50 percent in the going on out of all the rhetoric, out of I would yield back to the gentleman House bill, 50 to 75 percent in the Senate bill. all the claims and counterclaims, out again. So it is those very students at the of all the columns written and all the Mr. OLVER. The crux is that we can low cost institutions of higher edu- analyses being done on this, and clear- look at the education tax proposals, we cation, the community colleges and the ly understand quite clearly which of can look at the child tax proposals, and other low cost State colleges, that will these plans would be to their greater we can look at the capital gains tax get less tuition tax credit, which abso- benefit. proposals and the estate tax proposals lutely breaks the deal and makes no July 16, 1997 CONGRESSIONAL RECORD — HOUSE H5399 sense, because they are the ones that cial order tonight are only doing it be- Congress to Mother Theresa of Calcutta in needs it the most. cause we hope that the people involved recognition of her outstanding and enduring So that breaking the deal, I think in these budget negotiations on the Re- contributions through humanitarian and the gentleman used the term weaseled publican side will wake up, come to charitable activities, and for other purposes. June 4, 1997 on the deal, is exactly what we are get- their senses, so to speak, and try to H.R. 5. An act to amend the Individuals ting here at every level. But most im- help the average working American. With Disabilities Education Act, to reau- portantly, and that is what aggravates, This is not too late. This can still be thorize and make improvements to that Act, I think, President Clinton the most, is done if they heed their constituents and for other purposes. on the education tax cuts, because that and the will of the American people. June 12, 1997 was the part of the balanced budget I want to thank the gentlemen for H.R. 1871. An act making emergency sup- participating in this special order. plemental appropriations for recovery from agreement he was most concerned natural disasters, and for overseas peace- about because of his concern about the f keeping efforts, including those in Bosnia, future of the country. BILLS AND JOINT RESOLUTIONS for the fiscal year ending September 30, 1997, and for other purposes. Mr. OLVER. If the gentleman would APPROVED BY THE PRESIDENT yield further for just a moment. I June 27, 1997 think the President has made it abso- The President notified the Clerk of H.J. Res. 32. Joint resolution to consent to certain amendments enacted by the Legisla- lutely clear what he will require in the House that on the following dates he had approved and signed bills and ture of the State of Hawaii to the Hawaiian order for him to sign this legislation. Homes Commission Act, 1920. He wants very badly to sign legislation joint resolutions of the following titles: H.R. 956. An act to amend the National for a tax reduction, but he is going to February 3, 1997 Narcotics Leadership Act of 1988 to establish make certain that it goes chiefly to the H.J. Res. 25. Joint resolution making tech- a program to support and encourage local nical corrections to the Omnibus Consoli- middle class. communities that first demonstrate a com- dated Appropriations Act, 1997 (Public Law prehensive, long-term commitment to reduce He is going to make certain that it 104–208), and for other purposes. substance abuse among youth, and for other does not explode deficits in the out- February 28, 1997 purposes. years so that we do not go through H.J. Res. 36. Joint resolution approving the July 3, 1997 what we went through in the 1980’s Presidential finding that the limitation on H.R. 363. An act to amend section 2118 of with the deficits reaching as high as obligations imposed by section 518A(a) of the the Energy Policy Act of 1992 to extend the $330 billion a year, as they would have Foreign Operations, Export Financing, and Electric and Magnetic Fields Research and Related Programs Appropriations Act, 1997, Public Information Dissemination program. been in fiscal year 1993 if we had not, as is having a negative impact on the proper H.R. 1306. An act to amend Federal law to the gentleman from Michigan said ear- functioning of the population planning pro- clarify the applicability of host State laws to lier, if we had not gone through that gram. any branch in such State of an out-of-State very tough exercise in 1993. H.R. 668. An act to amend the Internal bank, and for other purposes. And thirdly that it must encourage Revenue Code of 1986 to reinstate the Airport H.R. 1553. An act to amend the President education, because that is the way that and Airway Trust Fund excise taxes, and for John F. Kennedy Assassination Records Col- our people are going to grow in their other purposes. lection Act of 1992 to extend the authoriza- March 3, 1997 tion of the Assassination Records Review opportunities, in their capacities to H.R. 499. An act to designate the facility of Board until September 30, 1998. contribute to America and to their the United States Postal Service under con- H.R. 1902. An act to immunize donations families. struction at 7411 Barlite Boulevard in San made in the form of charitable gift annuities Mr. PALLONE. And the amazing Antonio, Texas, as the ‘‘Frank M. Tejeda and charitable remainder trusts from the thing, too, going back to these higher Post Office Building’’. antitrust laws and State laws similar to the education tax credits, is that under the March 19, 1997 antitrust laws. H.R. 924. An act to amend title 18, United f Republican bill, after the first 2 years, States Code, to give further assurance to the because again remember we are trying right of victims of crime to attend and ob- SENATE BILLS AND JOINT RESO- to get and help people who are at the serve the trials of those accused of the LUTIONS APPROVED BY THE lower end of the spectrum pay for col- crime. PRESIDENT lege education, still working people, March 25, 1997 H.R. 514. An act to permit the waiver of The President notified the Clerk of though. And I wanted to read again the House that on the following dates from Secretary Rubin’s letter, he says District of Columbia residency requirements for certain employees of the Office of the In- he had approved and signed bills and ‘‘Neither bill, House or Senate, offers spector General of the District of Columbia. joint resolutions of the Senate of the low income students and students who April 14, 1997 following titles: work to pay tuition meaningful help H.R. 412. An act to approve a settlement March 17, 1997 beyond the first 2 years of higher edu- agreement between the Bureau of Reclama- S. J. Res. 5. Joint resolution waiving cer- cation. Instead, the bills require tax- tion and the Oroville-Tonasket Irrigation tain provisions of the Trade Act of 1974 relat- payers to have the funds available to District. ing to the appointment of the United States April 24, 1997 Trade Representative. put into savings in order to be entitled H.R. 785. An act to designate the J. Phil March 31, 1997 to any assistance other than for the Campbell, Senior, Natural Resource Con- first 2 years.’’ S. 410. An act to extend the effective date servation Center. of the Investment Advisers Supervision Co- So not only do they take these work- April 25, 1997 ordination Act. H.R. 1225. An act to make a technical cor- ing students and give them less for the May 14, 1997 first 2 years than the Democratic plan rection to title 28, United States Code, relat- S. 305. An act to authorize the President to would, but unless they are in a position ing to jurisdiction for lawsuits against ter- award a gold medal on behalf of the Congress rorist states. to have an IRA or some sort of special to Francis Albert ‘‘Frank’’ Sinatra in rec- April 30, 1997 ognition of his outstanding and enduring savings account, they would not get H.R. 1003. An act to clarify Federal law contributions through his entertainment ca- any help at all in the last 2 years of with respect to restricting the use of Federal reer and humanitarian activities, and for funds in support of assisted suicide. college. And we of course do the oppo- other purposes. site and extend that credit, that edu- May 14, 1997 H.R. 1001. An act to extend the term of ap- June 18, 1997 cation credit, through the whole 4 S. 543. An act to provide certain protec- pointment of certain members of the Pro- tions to volunteers, nonprofit organizations, years of college. spective Payment Assessment Commission and governmental entities in lawsuits based And my colleagues know today that and the Physician Payment Review Commis- on the activities of volunteers. many students need the 4-year degree sion. if they are going to be able to get into June 27, 1997 May 15, 1997 S. 342. An act to extend certain privileges, H.R. 968. An act to amend titles XVIII and the work force. So again it makes no exemptions, and immunities to Hong Kong XIX of the Social Security Act to permit a sense. It is geared to the wealthy, not Economic and Trade Offices. waiver of the prohibition of offering nurse to the middle income people. f And, obviously, this is not over yet, aide training and competency evaluation programs in certain nursing facilities. LEAVE OF ABSENCE the budget negotiators are still at this, June 2, 1997 the President is weighing in, and I H.R. 1650. An act to authorize the Presi- By unanimous consent, leave of ab- think all of us here joining in this spe- dent to award a gold medal on behalf of the sence was granted to: H5400 CONGRESSIONAL RECORD — HOUSE July 16, 1997

Mr. REYES (at the request of Mr. GEP- the President, for his approval, a bill of 4226. A letter from the Director, Office of HARDT) for Tuesday, July 15, 1997, on the House of the following title: Sustainable Fisheries, National Oceanic and Atmospheric Administration, transmitting account of airline equipment problems. H.R. 2018. An act to waive temporarily the the Administration’s final rule—Fisheries of Mr. SCHIFF (at the request of Mr. Medicaid enrollment composition rule for the Exclusive Economic Zone Off Alaska, the Better Health Plan of Amherst, New ARMEY) for today through July 25, on Northern Rockfish in the Central Regulatory York. account of medical reasons. Area of the Gulf of Alaska [Docket No. f f 961126334–7025–02; I.D. 071097A] received July 15, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to SPECIAL ORDERS ADJOURNMENT the Committee on Resources. By unanimous consent, permission to Mr. PALLONE. Mr. Speaker, I move 4227. A letter from the Chief, Regulations that the House do now adjourn. Unit, Internal Revenue Service, transmitting address the House, following the legis- the Service’s final rule—Section 1059 Ex- lative program and any special orders The motion was agreed to; accord- ingly (at 11 o’clock and 45 minutes traordinary Dividends [TD 8724] (RIN: 1545– heretofore entered, was granted to: AU16) received July 15, 1997, pursuant to 5 (The following Members (at the re- p.m.), the House adjourned until to- U.S.C. 801(a)(1)(A); to the Committee on quest of Ms. KAPTUR) to revise and ex- morrow, Thursday, July 17, 1997, at 10 Ways and Means. tend their remarks and include extra- a.m. f neous material:) f REPORTS OF COMMITTEES ON Mr. UNDERWOOD, for 5 minutes, today. EXECUTIVE COMMUNICATIONS, PUBLIC BILLS AND RESOLUTIONS Ms. MILLENDER-MCDONALD, for 5 min- ETC. utes, today. Under clause 2 of rule XIII, reports of Ms. JACKSON-LEE of Texas, for 5 min- Under clause 2 of rule XXIV, execu- committees were delivered to the Clerk utes, today. tive communications were taken from for printing and reference to the proper Mr. STUPAK, for 5 minutes, today. the Speaker’s table and referred as fol- calendar, as follows: Mr. DELAHUNT, for 5 minutes, today. lows: Mr. LIVINGSTON: Committee on Appro- Mr. SCOTT, for 5 minutes, today. 4219. A letter from the Administrator, Ag- priations. Report on the revised subdivision Ms. LOFGREN, for 5 minutes, today. ricultural Marketing Service, transmitting of budget totals for fiscal year 1998 (Rept. Mr. WATT of North Carolina, for 5 the Service’s final rule—Almonds Grown in 105–185). Referred to the Committee of the minutes, today. California; Order Amending the Marketing Whole House on the State of the Union. Order [Docket No. A0–214–A7; FV93–981–1] re- Mr. STUMP: Committee on Veterans’ Af- (The following Members (at the re- ceived July 15, 1997, pursuant to 5 U.S.C. fairs. H.R. 1362. A bill to establish a dem- quest of Mr. KINGSTON) to revise and 801(a)(1)(A); to the Committee on Agri- onstration project to provide for Medicare extend their remarks and include ex- culture. reimbursement for health care services pro- traneous material:) 4220. A letter from the Administrator, Ag- vided to certain Medicare-eligible veterans Mr. METCALF, for 5 minutes, today. ricultural Marketing Service, transmitting in selected facilities of Department of Veter- Mr. DUNCAN, for 5 minutes, today. the Service’s final rule—Almonds Grown in ans Affairs; with an amendment (Rept. 105– Mr. FOX of Pennsylvania, for 5 min- California; Revision to Requirements Re- 186 Pt. 1). Ordered to be printed. utes, today. garding Inedible Almonds [Docket No. FV97– Mr. MCINNIS: Committee on Rules. House 981–3 IFR] received July 15, 1997, pursuant to Resolution 187. Resolution providing for con- f 5 U.S.C. 801(a)(1)(A); to the Committee on sideration of the bill (H.R. 1853) to amend the Agriculture. Carl D. Perkins Vocational and Applied EXTENSION OF REMARKS 4221. A letter from the Administrator, Ag- Technology Education Act (Rept. 105–187). By unanimous consent, permission to ricultural Marketing Service, transmitting Referred to the House Calendar. revise and extend remarks was granted the Service’s final rule—Soybean Promotion Mr. WOLF: Committee on Appropriations. to: and Research: Amend the Order to Adjust H.R. 2169. A bill making appropriations for the Department of Transportation and relat- (The following Members (at the re- Representation on the United Soybean Board [No. LS–97–005] received July 15, 1997, pursu- ed agencies for the fiscal year ending Sep- quest of Ms. KAPTUR) and to include ex- ant to 5 U.S.C. 801(a)(1)(A); to the Committee tember 30, 1998, and for other purposes (Rept. traneous matter:) on Agriculture. 105–188). Referred to the Committee of the Mr. BENTSEN. 4222. A letter from the Administrator, Whole House on the State of the Union. Mr. HAMILTON. Farm Service Agency, transmitting the f Mr. HOYER. Agency’s final rule—Implementation of the Mr. THOMPSON. Inventory Property Management Provisions PUBLIC BILLS AND RESOLUTIONS Mr. FALEOMAVAEGA. of the Federal Agriculture Improvement and Under clause 5 of rule X and clause 4 Reform Act of 1996 [Workplan Number 96–030] Mrs. MINK of Hawaii. of rule XXII, public bills and resolu- (RIN: 0560–AE88) received July 15, 1997, pur- Mr. TRAFICANT. suant to 5 U.S.C. 801(a)(1)(A); to the Commit- tions were introduced and severally re- Mr. BARRETT of Wisconsin. tee on Agriculture. ferred as follows: Ms. VELA´ ZQUEZ. 4223. A letter from the Assistant General By Mr. BURTON of Indiana (for himself Mr. ETHERIDGE. Counsel for Regulations, Department of Edu- and Mr. KENNEDY of Massachusetts): (The following Members (at the re- cation, transmitting the Department’s re- H.R. 2170. A bill to amend title 5, United quest of Mr. KINGSTON) and to include port on the Notice of Final Priority for fiscal States Code, to provide for the reimburse- extraneous matter:) year 1997 for the Rehabilitation Short-Term ment of expenses incurred by a Federal em- Training program, pursuant to 5 U.S.C. ployee in the adoption of a child, and for Mr. FRANKS of New Jersey. 801(a)(1)(B); to the Committee on Education other purposes; to the Committee on Govern- Ms. ROS-LEHTINEN. and the Workforce. ment Reform and Oversight. Mrs. ROUKEMA. 4224. A letter from the Director, Office of By Mr. DUNCAN: Mr. BOB SCHAFFER of Colorado. Regulatory Management and Information, H.R. 2171. A bill to prohibit athlete agents Mr. MCCOLLUM. Environmental Protection Agency, transmit- from soliciting representation of student Mr. GILMAN. ting the Agency’s final rule—Approval and athletes, and to establish requirements for Mr. BEREUTER. Promulgation of State Implementation Plan; contracts between athlete agents and stu- (The following Members (at the re- Indiana [IN53–3; FRL–5860–4] received July dent athletes; to the Committee on Edu- 15, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to cation and the Workforce. quest of Mr. PALLONE) and to include the Committee on Commerce. By Mr. FRANK of Massachusetts: extraneous matter:) 4225. A letter from the Deputy Assistant H.R. 2172. A bill to amend the Immigration Mr. PACKARD. Administrator for Fisheries, National Oce- and Nationality Act to make the restrictions Mr. MCNULTY. anic and Atmospheric Administration, trans- on foreign student study at a public elemen- f mitting the Administration’s final rule— tary or secondary school inapplicable in Fisheries of the Northeastern United States; cases where the school evidences a desire for BILL PRESENTED TO THE Summer Flounder, Scup, and Black Sea Bass such result, and to prohibit the use of Fed- PRESIDENT Fisheries; 1997 Scup Recreational Fishery eral funds to pay the cost of such study; to Measures [Docket No. 960520141–7159–06; I.D. the Committee on the Judiciary. Mr. THOMAS, from the Committee 021897B] (RIN: 0648–AH05) received July 15, By Mr. FRANKS of New Jersey: on House Oversight reported that that 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the H.R. 2173. A bill to amend the Crime Con- committee did on this day present to Committee on Resources. trol Act of 1990 to require reporting of child July 16, 1997 CONGRESSIONAL RECORD — HOUSE H5401

abuse by electronic communication service H.R. 633: Mr. HALL of Texas. H.R. 1984: Mr. HULSHOF, Mr. BUNNING of providers; to the Committee on the Judici- H.R. 674: Mr. GONZALEZ. Kentucky, Mr. NEY, Mr. TAYLOR of North ary. H.R. 695: Mr. KENNEDY of Massachusetts, Carolina, Mr. BARTON of Texas, Mr. Mr. GREENWOOD (for himself, Ms. Mrs. KELLY, Mr. METCALF, Mr. MARKEY, Mr. COSTELLO, Mr. COMBEST, Mr. ENGLISH of MOLINARI, Mrs. LOWEY, Mr. WAXMAN, NEAL of Massachusetts, Mrs. EMERSON, Mr. Pennsylvania, Mrs. FOWLER, Mr. KLUG, Mr. Mr. HORN, Mr. SHAYS, Mr. BILBRAY, CHRISTENSEN, Mr. WATTS of Oklahoma, Mr. LAHOOD, Mr. SHIMKUS, Mr. WATTS of Okla- Mrs. MORELLA, Ms. WOOLSEY, Mr. SOUDER, Mr. POMBO, Mr. STENHOLM, Mr. homa, and Mr. KILDEE. COOK, and Mrs. KENNELLY of Con- TIAHRT, Mr. MCGOVERN, Mr. PARKER, and Mr. H.R. 2004: Ms. WOOLSEY. necticut): WICKER. H.R. 2021: Mrs. NORTHUP. H.R. 2174. A bill to require equitable cov- H.R. 699: Mr. BOEHNER and Mr. FOX of H.R. 2029: Mr. HAYWORTH. erage of prescription contraceptive drugs and Pennsylvania. H.R. 2064: Mrs. JOHNSON of Connecticut. devices, and contraceptive services under H.R. 714: Mr. FOX of Pennsylvania. H.R. 2101: Mr. BASS and Mr. PICKERING. health plans; to the Committee on Education H.R. 727: Mr. SKEEN and Mr. LIPINSKI. H.R. 2112: Mr. STARK and Mr. EHLERS. and the Workforce, and in addition to the H.R. 746: Mrs. CLAYTON and Mr. OLVER. H.R. 2113: Mrs. NORTHUP, Mr. SESSIONS, Mr. Committee on Commerce, for a period to be H.R. 754: Mr. SANDLIN. HORN, Mr. EVANS, Mrs. MINK of Hawaii, Mr. subsequently determined by the Speaker, in H.R. 755: Mr. SNYDER and Mr. HASTINGS of SHADEGG, and Mr. ENGLISH of Pennsylvania. each case for consideration of such provi- Florida. H.R. 2116: Mr. BUNNING of Kentucky, Mr. sions as fall within the jurisdiction of the H.R. 758: Mr. NEY and Mr. LIVINGSTON. KILDEE, Mr. SABO, Ms. EDDIE BERNICE JOHN- committee concerned. H.R. 774: Mr. MALONEY of Connecticut. SON of Texas, Mr. HILLIARD, Mr. DELLUMS, By Mr. HOLDEN: H.R. 836: Mr. BLUMENAUER. Mr. SANFORD, Mr. FILNER, Mr. DIXON, Mr. H.R. 840: Mrs. LOWEY and Mr. BILBRAY. H.R. 2175. A bill to amend the Internal Rev- ADAM SMITH of Washington, Mr. HOLDEN, Mr. H.R. 869: Mrs. TAUSCHER. enue Code of 1986 to provide an investment GOODE, Mr. LEWIS of Georgia, Mr. LIPINSKI, H.R. 901: Mr. WICKER. credit to promote the conversion of U.S. coal Mr. CLYBURN, and Mr. FROST. H.R. 925: Mr. BROWN of Ohio. and domestic carbonaceous feedstocks into H.R. 2120: Mr. SANDERS, Mr. LIPINSKI, Mr. H.R. 939: Mr. CAMPBELL, Mr. WATKINS, and liquid fuels; to the Committee on Ways and SANDLIN, Mr. FILNER, Mr. BROWN of Califor- Mr. SAXTON. nia, and Mr. CARSON. Means. H.R. 1031: Mr. GINGRICH and Mr. FOX of H.R. 2122: Mr. SENSENBRENNER and Mr. By Mr. MORAN of Virginia: Pennsylvania. MARTINEZ. H.R. 2176. A bill to establish the Profes- H.R. 1040: Mrs. CHENOWETH. H.R. 2143: Mr. STARK and Ms. PELOSI. sional Boxing Corporation, and for other pur- H.R. 1054: Mr. DEAL of Georgia, Mr. H. Con Res. 52: Mr. HASTINGS of Florida, poses; to the Committee on Education and HAYWORTH, and Mr. INGLIS of South Carolina. Mr. SAWYER, Mr. KILDEE, Ms. MCCARTHY of the Workforce, and in addition to the Com- H.R. 1125: Mr. VENTO. MERSON UTHER mittee on Commerce, for a period to be sub- H.R. 1126: Mr. HOLDEN. Missouri, Mrs. E , and Mr. L . sequently determined by the Speaker, in H.R. 1129: Mr. HORN and Mr. QUINN. H. Con. Res. 65: Mrs. LINDA SMITH of Wash- each case for consideration of such provi- H.R. 1134: Mr. DIAZ-BALART. ington, Mr. FRELINGHUYSEN, and Mr. sions as fall within the jurisdiction of the H.R. 1147: Mrs. EMERSON. ADERHOLT. committee concerned. H.R. 1260: Mrs. JOHNSON of Connecticut, H. Con. Res. 80: Mr. CLEMENT, Mr. BOYD, By Mr. SNOWBARGER (for himself, Mr. GOSS, Mr. MCHALE, Mr. BAESLER, Mr. Mr. BACHUS, Mr. KENNEDY of Massachusetts, Mr. TIAHRT, Mr. RYUN, and Mr. LATOURETTE, Ms. STABENOW, Ms. ROYBAL- Mr. STUPAK, Ms. STABENOW, and Mr. NEAL of MORAN of Kansas): ALLARD, and Mr. SANDLIN. Massachusetts. H.R. 2177. A bill to designate the U.S. H.R. 1283: Mr. PICKETT, Mr. DREIER, Mr. H. Res. 37: Mrs. FOWLER, Mr. COOK, and Mr. Courthouse located at 500 State Avenue in HASTINGS of Washington, Mr. CONDIT, Mr. WAXMAN. Kansas City, KS, as the ‘‘Robert J. Dole MCCOLLUM, and Mr. SALMON. H. Res. 139: Mr. BASS and Mr. FOX of Penn- United States Courthouse’’; to the Commit- H.R. 1311: Mr. VENTO. sylvania. tee on Transportation and Infrastructure. H.R. 1350: Mr. KLINK, Mrs. LOWEY, and Mr. H. Res. 173: Mr. CLYBURN, Ms. CARSON, Mrs. By Mr. THORNBERRY: DIAZ-BALART. MYRICK, Ms. DEGETTE, Mr. BLILEY, Mrs. H.R. 2178. A bill to amend the Helium Act H.R. 1356: Mr. SCARBOROUGH and Mr. FOX of MALONEY of New York, Mrs. LOWEY, Mr. with respect to disposal of helium; to the Pennsylvania. BROWN of California, Mr. GREEN, Ms. Committee on Resources. H.R. 1398: Mr. LEWIS of Kentucky. STABENOW, Mr. KUCINICH, Mrs. MINK of Ha- By Mr. MCCOLLUM (for himself, Mr. H.R. 1441: Mr. BURTON of Indiana and Mr. waii, Mr. LIPINSKI, Mr. ANDREWS, Mr. STARK, GILMAN, Mr. BURTON of Indiana, Mr. HAMILTON. Mr. MALONEY of Connecticut, Mrs. THURMAN, DIAZ-BALART, Ms. ROS-LEHTINEN, Mr. H.R. 1464: Mr. PICKETT. Mr. FORD, Mr. CONYERS, Ms. DELAURO, Ms. GOSS, Mr. SHAW, Mr. FOLEY, Mr. SOL- H.R. 1475: Mr. FOX of Pennsylvania. SLAUGHTER, Mr. MATSUI, Mr. BENTSEN, and OMON, Mr. LIVINGSTON, Mr. COX of H.R. 1492: Mrs. TAUSCHER and Mr. MAR- Ms. WATERS. California, Mr. BALLENGER, Mr. TINEZ. f BLUNT, and Mrs. FOWLER): H.R. 1544: Mr. SESSIONS, Mr. CALVERT, and H.R. 2179. A bill to repeal the authority of Mr. ENGLISH of Pennsylvania. DELETIONS OF SPONSORS FROM the President to suspend the effective date of H.R. 1596: Ms. HARMAN and Mr. ROTHMAN. PUBLIC BILLS AND RESOLUTIONS H.R. 1623: Mr. GIBBONS, Mr. HAYWORTH, and title III of the Cuban Liberty and Demo- Under clause 4 of rule XXII, sponsors cratic Solidarity (LIBERTAD) Act of 1996; to Mr. MARTINEZ. H.R. 1635: Mr. HALL of Ohio, Mr. LAZIO of were deleted from public bills and reso- the Committee on International Relations, lutions as follows: and in addition to the Committee on the Ju- New York, Mr. BOEHLERT, Mr. PRICE of North diciary, for a period to be subsequently de- Carolina, Mr. PASTOR, Mr. QUINN, Ms. FURSE, H.R. 1984: Mr. EHLERS. termined by the Speaker, in each case for Mr. HOUGHTON, Mr. REGULA, and Mr. GILMAN. f consideration of such provisions as fall with- H.R. 1679: Mr. FOX of Pennsylvania. in the jurisdiction of the committee con- H.R. 1689: Ms. HOOLEY of Oregon, Mr. ADMENDMENTS cerned. WHITFIELD, and Mr. SHERMAN. Under clause 6 of rule XXIII, pro- H.R. 1704: Mrs. EMERSON and Mr. WICKER. f H.R. 1727: Mr. MALONEY of Connecticut. posed amendments were submitted as H.R. 1733: Ms. KILPATRICK and Mr. LEVIN. follows: ADDITIONAL SPONSORS H.R. 1754: Ms. BROWN of Florida, Mr. H.R. 1853 Under clause 4 of rule XXII, sponsors CUNNINGHAM, and Mr. DAVIS of Illinois. OFFERED BY: MR. GOODLING H.R. 1797: Mr. TAYLOR of North Carolina, were added to public bills and resolu- AMENDMENT NO. 1: Page 3, after line 18, in- Mr. WALSH, Mr. SHAYS, Mr. HOSTETTLER, Mr. tions as follows: sert the following: PITTS, and Mr. MANZULLO. (3) by amending subsection (c) to read as H.R. 15: Mr. FORD and Mr. DAVIS of Illinois. H.R. 1822: Mr. DELLUMS, Mr. COOK, and Mr. follows: H.R. 84: Ms. DELAURO. SHERMAN. ‘‘(c) NATIONAL PROGRAMS.—None of the H.R. 160: Mr. POMEROY. H.R. 1836: Mr. SKEEN and Mr. MCINTOSH. funds made available under this section for H.R. 195: Mr. GRAHAM and Mr. INGLIS of H.R. 1842: Mr. STEARNS and Mr. BONILLA. South Carolina. H.R. 1845: Mr. DOOLEY of California, Mr. programs authorized under titles I, II, and H.R. 216: Mr. KIND of Wisconsin and Mr. FROST, Mr. JOHN, and Mr. JOHNSON of Wis- part C of title III, shall be used for any pro- BALDACCI. consin. gram authorized under part A of title III. H.R. 230: Mr. COBLE. H.R. 1863: Mr. WATKINS and Mr. MORAN of H.R. 446: Mr. CLYBURN. Kansas. Page 3, line 19, strike ‘‘(3)’’ and insert ‘‘(4)’’ H.R. 464: Mr. JEFFERSON. H.R. 1864: Mr. COX of California. and strike ‘‘(c)’’ and insert ‘‘(d)’’. H.R. 475: Mr. DOOLEY of California, Mr. H.R. 1914: Mr. FOX of Pennsylvania. Page 9, strike lines 12 through 14, and in- DOYLE, and Mr. DAVIS of Illinois. H.R. 1946: Mr. STRICKLAND. sert the following: H.R. 548: Mr. JEFFERSON. H.R. 1955: Mr. CLEMENT and Mr. PETERSON ‘‘(c) RURAL AND URBAN RESERVE.—A State H.R. 590: Mr. DOOLEY of California. of Pennsylvania. may reserve not more than 5 percent of the H5402 CONGRESSIONAL RECORD — HOUSE July 16, 1997 allotment made under section 102(a)(1) to use school boards in the development of the educational agencies in the State for such for grants to rural areas and not more than State’s benchmarks; preceding year. 5 percent of such allotment to use for grants ‘‘(9) provide a financial audit of funds re- ‘‘(ii) 70 percent shall be allocated to such to urban areas.’’. ceived under this Act which may be included agencies in proportion to the number of indi- Beginning on page 9, strike lines 15 and all as part of an audit of other Federal or State viduals aged 15 through 19, inclusive, who re- that follows through page 10, line 2. programs; and’’. side in the school district served by such Page 10, after line 2, insert the following: Page 25, line 10, strike ‘‘(9)’’ and insert agency from families with incomes below the ‘‘(e) DEFINITIONS.—For purposes of this sec- ‘‘(10)’’. poverty line (as defined by the Office of Man- tion— Page 27, strike line 11 and insert the fol- agement and Budget and revised annually in ‘‘(1) the term ‘rural area’ means an area lowing: accordance with section 673(2) of the Commu- that is not in a metropolitan statistical ‘‘(a) BENCHMARKS.— nity Services Block Grant Act (42 U.S.C. area; ‘‘(1) ELIGIBILITY.—To be eligible to receive 9902(2))) applicable to a family of the size in- ‘‘(2) the term ‘urban area’ means an area an allot-’’. volved for the fiscal year for which the deter- that serves a central city in a metropolitan Page 27, strike lines 17 through 24 and in- mination is made compared to the number of statistical area; and sert the following: such individuals in all the local educational ‘‘(3) the terms ‘central city’ and ‘metro- ‘‘(A) attainment of challenging State aca- agencies in the State. politan statistical area’ have the same demic and vocational proficiencies; ‘‘(B) GREATER AMOUNTS.—Each State shall meanings given such terms in section 10952 ‘‘(B) attainment of secondary school diplo- distribute all funds allocated by the State of the Elementary and Secondary Education mas or general equivalency diplomas; and for each such fiscal year for secondary school Act of 1965.’’. ‘‘(C) placement in, retention in, and com- vocational-technical education programs in Page 16, after line 10, insert the following pletion of, postsecondary education or ad- amounts greater than the total amount of (and redesignate any subsequent subsections vanced training, or placement and retention funds distributed pursuant to section 231(a) accordingly): in military service, or employment. of this Act as such section was in effect on ‘‘(c) AMOUNT OF GRANTS.— ‘‘(2) EXISTING BENCHMARKS.—If a State has the day before the date of the enactment of ‘‘(1) IN GENERAL.—If the sums appropriated developed State performance indicators or the Carl D. Perkins Vocational-Technical for any fiscal year for grants under this sec- benchmarks for skills according to challeng- Education Act Amendments of 1997 for such tion are not sufficient to pay in full the total ing academic or vocational proficiencies con- programs in fiscal year 1997 as follows: amount which approved applicants are eligi- sistent with this Act, the State may use such ‘‘(i) 40 percent shall be allocated to such ble to receive under this section for such fis- performance indicators or benchmarks in agencies in proportion to the number of indi- cal year, the Secretary shall first allocate to measuring the progress of vocational-tech- viduals aged 15 to 19, inclusive, who reside in each such applicant which received funds nical education students.’’. the school district served by such agency for under this part for the preceding fiscal year Page 30, line 3, strike ‘‘have met’’ and in- the preceding fiscal year compared to the an amount equal to 100 percent of the prod- sert ‘‘have performed in meeting’’. total number of such individuals who reside uct of the per capita payment for the preced- Page 32, line 10, before the semicolon insert in the school districts served by all local ing fiscal year and such applicant’s Indian ‘‘, effective teaching skills based on re- educational agencies in the State for such student count for the current program year, search, and effective practices to improve preceding year. plus an amount equal to the actual cost of parental and community involvement’’. ‘‘(ii) 60 percent shall be allocated to such any increase to the per capita figure result- Page 32, line 22 and page 33, line 2, after agencies in proportion to the number of indi- ing from inflationary increases to necessary ‘‘academic’’ insert ‘‘and vocational’’. viduals aged 15 through 19, inclusive, who re- costs beyond the institution’s control. Page 33, line 8, strike ‘‘support for’’ and in- side in the school district served by such ‘‘(2) PER CAPITA DETERMINATION.—For the sert ‘‘establishing agreements between sec- agency from families with incomes below the purposes of paragraph (1), the per capita pay- ondary and postsecondary vocational-tech- poverty line (as defined by the Office of Man- ment for any fiscal year shall be determined nical education programs in order to provide agement and Budget and revised annually in by dividing the amount available for grants postsecondary education and training oppor- accordance with section 673(2) of the Commu- to tribally controlled postsecondary voca- tunities for students participating in such nity Services Block Grant Act (42 U.S.C. tional technical institutions under this part vocational-technical education programs, 9902(2))) applicable to a family of the size in- for such program year by the sum of the In- such as’’. volved for the fiscal year for which the deter- dian student counts of such institutions for Page 33, line 23, strike ‘‘and’’. mination is made compared to the number of such program year. The Secretary shall, on Page 33, line 25, strike the period and all such individuals in all the local educational the basis of the most accurate data available that follows and insert a semicolon. agencies in the State. from the institutions, compute the Indian Page 33, after line 25, insert the following: ‘‘(2) FISCAL YEAR 2001.—Each State shall student count for any fiscal year for which ‘‘(10) support for education and business distribute funds allocated under this Act in such count was not used for the purpose of partnerships; and fiscal year 2001 for secondary school voca- making allocations under this section. ‘‘(11) support to improve or develop new vo- tional-technical education programs to local Page 22, strike line 13, and insert the fol- cational-technical education courses.’’; and educational agencies within the State as fol- lowing: Page 34, strike line 7 and insert ‘‘TIONAL- lows: (D) by amending paragraph (3) to read as TECHNICAL EDUCATION PROGRAMS.’’. ‘‘(A) 35 percent shall be allocated to such follows: Page 36, strike line 1 and all that follows agencies in proportion to the number of indi- ‘‘(3) The State board shall, for secondary through page 37, line 2, and insert the follow- viduals aged 15 to 19, inclusive, who reside in vocational-technical education programs, es- ing: the school district served by such agency for tablish effective activities and procedures, ‘‘(b) SPECIAL DISTRIBUTION RULES FOR SUB- the preceding fiscal year compared to the by which parents, students, teachers, and SEQUENT FISCAL YEARS.— total number of such individuals who reside area residents concerned will be able to par- ‘‘(1) FISCAL YEARS 1999 AND 2000.—In fiscal in the school districts served by all local ticipate in State and local decisions that in- years 1999 and 2000, each State shall distrib- educational agencies in the State for such fluence programs under this Act, and ensure ute the funds available under this Act in preceding year. that such individuals are given access to the such fiscal years for secondary school voca- ‘‘(B) 65 percent shall be allocated to such information needed to use such procedures.’’. tional-technical education programs to local agencies in proportion to the number of indi- Page 23, line 5, strike ‘‘and’’. educational agencies within the State as fol- viduals aged 15 through 19, inclusive, who re- Page 23, line 9, strike the semicolon and in- lows: side in the school district served by such sert ‘‘in current and emerging occupations; ‘‘(A) LESSER OR EQUAL AMOUNTS.—Each agency from families with incomes below the and’’. State shall distribute all funds allocated by poverty line (as defined by the Office of Man- Page 23, after line 9, insert the following: the State for each such fiscal year for sec- agement and Budget and revised annually in ‘‘(D) how funds will be used to improve or ondary school vocational-technical edu- accordance with section 673(2) of the Commu- develop new vocational-technical education cation programs in amounts less than or nity Services Block Grant Act (42 U.S.C. courses.’’. equal to the total amount of funds distrib- 9902(2))) applicable to a family of the size in- Page 23, line 13, strike ‘‘and’’. uted pursuant to section 231(a) of this Act as volved for the fiscal year for which the deter- Page 23, line 14, before ‘‘of’’ insert ‘‘, and such section was in effect on the day before mination is made compared to the number of evaluation’’. the date of the enactment of the Carl D. Per- such individuals in all the local educational Page 24, line 1, strike ‘‘component’’ and in- kins Vocational-Technical Education Act agencies in the State. sert ‘‘and vocational components’’. Amendments of 1997 for such programs in fis- ‘‘(3) FISCAL YEAR 2002.—Each State shall Page 24, line 5, after ‘‘academic’’ insert cal year 1997 as follows: distribute funds allocated under this Act in ‘‘and vocational’’. ‘‘(i) 30 percent shall be allocated to such fiscal year 2002 for secondary school voca- Page 24, line 14, after ‘‘describe’’, insert ‘‘, agencies in proportion to the number of indi- tional-technical education programs to local to the extent practicable,’’. viduals aged 15 to 19, inclusive, who reside in educational agencies within the State as fol- Page 25, strike lines 8 and 9 and insert the the school district served by such agency for lows: following: the preceding fiscal year compared to the ‘‘(A) 40 percent shall be allocated to such ‘‘(8) describe what steps the State shall total number of such individuals who reside agencies in proportion to the number of indi- take to involve representatives of local in the school districts served by all local viduals aged 15 to 19, inclusive, who reside in July 16, 1997 CONGRESSIONAL RECORD — HOUSE H5403 the school district served by such agency for ‘‘(13) support for family and consumer volve career options, financial aid, and post- the preceding fiscal year compared to the sciences programs. secondary options. total number of such individuals who reside Page 55, line 1, after ‘‘expenditures’’ insert Page 74, line 2, after ‘‘related’’ insert ‘‘vo- in the school districts served by all local ‘‘of funds provided under this Act’’. cational-technical education’’. educational agencies in the State for such Page 55, strike line 14 and insert the fol- Page 77, beginning on line 13, strike preceding year. lowing: ‘‘through applied academics’’ and insert ‘‘(in- ‘‘(B) 60 percent shall be allocated to such ‘‘(c) COLLECTION OF INFORMATION AND RE- cluding through applied academics)’’. agencies in proportion to the number of indi- PORT.—’’. Page 78, line 2, strike ‘‘employment sec- viduals aged 15 through 19, inclusive, who re- Page 56, line 19, after the semicolon insert tors’’ and insert ‘‘occupations which require side in the school district served by such ‘‘and’’. other than a baccalaureate or an advanced agency from families with incomes below the Page 56, after line 19 insert the following: degree’’. poverty line (as defined by the Office of Man- ‘‘(C) to carry out research that can be used H.R. 1853 to improve teaching and learning in the vo- agement and Budget and revised annually in OFFERED BY: MR. KENNEDY OF cational-technical education classroom;’’. accordance with section 673(2) of the Commu- MASSACHUSETTS nity Services Block Grant Act (42 U.S.C. Page 56, line 20, strike ‘‘(C)’’ and insert ‘‘(D)’’ and strike ‘‘programs’’ and insert ‘‘re- AMENDMENT NO. 2: Page 52, after line 15, in- 9902(2)) applicable to a family of the size in- sert the following (and redesignate any sub- volved for the fiscal year for which the deter- search’’. Page 59, line 10, strike ‘‘4-year’’ and insert sequent paragraphs accordingly): mination is made compared to the number of ‘‘(8) providing an on-site workforce devel- such individuals in all the local educational ‘‘4 or 6-year’’. Page 62, line 22, strike ‘‘$200,000’’ and insert opment coordinator who will coordinate ac- agencies in the State. tivities described in this section with an em- Page 37, strike lines 7 through 11, and in- ‘‘$250,000’’. Page 64, line 2, strike ‘‘Part C’’ and insert phasis on developing additional curricula in sert the following: cooperation with local area businesses;’’. ‘‘(1) demonstrates that a proposed alter- ‘‘Parts C, D, E, F, G, and H’’. native formula more effectively targets Page 64, line 4, strike ‘‘is’’ and insert H.R. 1853 funds on the basis of poverty (as defined by ‘‘are’’. OFFERED BY: MR. KLINK Page 65, lines 5 and 14, strike ‘‘program’’ the Office of Management and Budget and re- AMENDMENT NO. 3: Page 30 strike lines 5 vised annually in accordance with section and insert ‘‘fiscal’’. through 9, and insert the following: Page 65, line 21, strike ‘‘similar wind- 673(2) of the Community Services Block ‘‘(2) INFORMATION DISSEMINATION.— Grant Act (42 U.S.C. 9902(2)) to local edu- falls,’’. ‘‘(A) STATE REQUIREMENTS.—Each State Page 67, line 18, before the semicolon insert cational agencies within the State than the shall make the information contained in re- ‘‘or to participate in any vocational-tech- formula described in subsection (b);’’. ports described under paragraph (1) available Page 37, line 20, strike ‘‘$7,500’’ and insert nical education program’’. to the general public through publication Page 67, line 20, strike ‘‘or’’ and insert ‘‘$10,000’’. and other appropriate methods which may Page 41, line 5, insert ‘‘and’’ after the semi- ‘‘of’’. include electronic communication. Page 67, line 22, strike ‘‘or’’ after the semi- colon. ‘‘(B) SECRETARY REQUIREMENTS.—The Sec- Page 41, line 9, strike ‘‘be’’ and insert ‘‘op- colon. retary shall make the information contained Page 67, line 24, after ‘‘or’’ insert ‘‘feder- erate programs that are’’. in such reports available to the general pub- Page 44, line 12, strike ‘‘$20,000’’ and insert ally’’. lic through publication and other appro- Page 67, line 25, strike the period and in- ‘‘$35,000’’. priate methods which may include electronic Page 47, line 8, strike ‘‘that’’ and insert sert ‘‘, unless the participant has selected communication. and is participating in a program or course ‘‘which provides vocational-technical edu- H.R. 1853 cation programs and’’. of study that requires, as a condition of com- OFFERED BY: MR. KLINK Page 47, line 17, after ‘‘Such’’ insert ‘‘voca- pletion, attainment of an industry-recog- tional-technical education’’. nized skill or standard; or’’. AMENDMENT NO. 4: Page 30, strike lines 5 Page 48, line 18, strike ‘‘component’’ and Page 67, after line 25, insert the following: through 9, and insert the following: insert ‘‘and vocational components’’. ‘‘(4) to require any individual to obtain a ‘‘(2) INFORMATION DISSEMINATION.— Page 48, line 22, after ‘‘academic’’ insert federally funded or endorsed certificate of ‘‘(A) STATE REQUIREMENTS.—Each State ‘‘and vocational’’. mastery.’’. shall make the information contained in re- Page 49, line 5, strike ‘‘and implementa- Page 68, after line 21, insert the following: ports described under paragraph (1) available tion’’ and insert ‘‘, implementation, and ‘‘SEC. 409. PARTICIPATION OF PRIVATE SCHOOL to the general public through publication evaluation’’. PERSONNEL. and other appropriate methods which may Page 49, line 6, before the semicolon insert ‘‘A State or local educational agency include electronic communication. Such re- ‘‘, and how these individuals are effectively which uses funds under this Act for inservice ports shall be disaggregated by each local informed about, and assisted in understand- and preservice vocational-technical edu- educational agency and post secondary insti- ing, the requirements of this Act,’’. cation professional development programs tution receiving funds under this Act. Page 49, line 18, strike ‘‘provide’’ and in- for vocational-technical education teachers, ‘‘(B) SECRETARY REQUIREMENTS.—The Sec- sert ‘‘support’’. administrators, and other personnel may, retary shall make the information contained Page 49, beginning on line 22, strike ‘‘com- upon request, permit the participation in in such reports available to the general pub- ponents’’ and insert ‘‘and vocational compo- such programs of vocational-technical edu- lic through publication and other appro- nents’’. cation teachers, administrators, and other priate methods which may include electronic Page 50, line 2, after ‘‘academic’’ insert personnel in nonprofit private schools offer- communication. ‘‘and vocational’’. ing vocational-technical education programs H.R. 1853 Page 50, line 20, before the semicolon insert located in the geographical area served by OFFERED BY: MRS. MINK OF HAWAII ‘‘, effective teaching skills based on re- such agency.’’. AMENDMENT NO. 5: Page 21, line 4, strike Page 70, line 6, strike ‘‘For’’ and insert ‘‘(a) search, and effective practices to improve ‘‘(b)’’ and insert ‘‘(c)’’. GENERAL RULE.—Except as provided in sub- parental and community involvement’’. Page 21, line 6, strike ‘‘(b)’’ and insert section (b), for’’. Page 50, line 25, strike ‘‘vocational’’ and ‘‘(c)’’. Page 70, after line 11, insert the following: insert ‘‘vocational-technical’’. Page 21, line 10, strike the periods and end ‘‘(b) EXCEPTION.—If the amount made Page 51, beginning on line 18, strike ‘‘The’’ quotation marks and insert a semicolon. and all that follows through ‘‘subsection (b)’’ available for administration of programs Page 21, after line 10, insert the following: on line 19, and insert ‘‘Funds made available under this Act for a fiscal year is less than (5) in subsection (b)(1)— under this part’’. the amount made available for administra- (A) in subparagraph (A)— Page 52, line 4, strike ‘‘and implementa- tion of programs under this Act for the pre- (i) by striking ‘‘section 221’’ and inserting tion’’ and insert ‘‘, implementation, and ceding fiscal year, the amount the State is ‘‘paragraph (3) of section 201(c); and evaluation’’. required to provide from non-Federal sources (ii) by striking ‘‘section 222’’ and inserting Page 52, line 7, after ‘‘and’’ insert ‘‘aca- for costs the State incurs for administration ‘‘paragraph (4) of section 201(c)’’; and demic’’. of programs under this Act shall be the same (B) by striking subparagraph (J). Page 52, line 18, strike ‘‘and’’. percentage as the amount made available for Page 33, after line 12, insert the following Page 52, line 24, strike the period and in- administration of programs under this Act. (and redesignate the subsequent paragraphs sert a semicolon. Page 73, after line 21, insert the following accordingly): Page 52, after line 24, insert the following: (and redesignate any subsequent paragraphs ‘‘(4) sex equity programs;’’. ‘‘(11) teacher preparation programs which accordingly): Page 34, after line 5, insert the following: assist individuals who are interested in be- ‘‘(4) CAREER GUIDANCE AND ACADEMIC COUN- ‘‘(e) HOLD HARMLESS.—Notwithstanding coming vocational-technical education in- SELING.—The term ‘career guidance and aca- the provisions of this part or section 102(a), structors, including individuals with experi- demic counseling’ means providing individ- to carry out programs described in para- ence in business and industry; uals with information access on career graphs (3) and (4) of subsection (c), each eli- ‘‘(12) improving or developing new voca- awareness and planning for their occupa- gible recipient shall reserve from funds allo- tional-technical education courses; and tional and academic future which shall in- cated under section 102(a)(1), an amount that H5404 CONGRESSIONAL RECORD — HOUSE July 16, 1997

is not less than the amount such eligible re- PROHIBITION OF FUNDS FOR SCHOOL OF THE countries, or the country in which the assist- cipient received in fiscal year 1997 for carry- AMERICAS ance is to be provided; or ing out programs under sections 221 and 222 SEC. 572. None of the funds appropriated or (3) the President determines on a case-by- of this Act as such sections were in effect on otherwise made available by this Act may be case basis that procurement outside the the day before the date of the enactment of used for programs at the United States Army United States or less developed countries the Carl D. Perkins Vocational-Technical School of the Americas located at Fort would result in the more efficient use of Education Act Amendments of 1997. Benning, Georgia. United States foreign assistance resources. H.R. 2158 H.R. 2159 H.R. 2159 OFFERED BY: MR. DAVIS OF ILLINOIS OFFERED BY: MR. METCALF OFFERED BY: MR. YATES AMENDMENT NO. 27: Page 11, line 7, insert AMENDMENT NO. 31: Page 94, after line 3, in- AMENDMENT NO. 34: At the end of the bill, ‘‘(increased by $100,000,000)’’ after the dollar sert the following new section: insert the following after the last section amount. (preceding the short title): SENSE OF CONGRESS REGARDING INTERFERENCE Page 61, line 13, insert ‘‘(reduced by OF EUROPEAN COMMISSION IN UNITED STATES LIMITATION ON ASSISTANCE TO THE $100,000,000)’’ after the dollar amount. BUSINESS TRANSACTION GOVERNMENT OF CROATIA H.R. 2159 SEC. 572. (a) STATEMENT OF FINDINGS.—The SEC. 572. (a) LIMITATION.—None of the funds OFFERED BY: MR. BEREUTER Congress makes the following findings: appropriated or otherwise made available by title II of this Act may be made available to AMENDMENT NO. 24: At the end of the bill, (1) The Boeing Company and McDonnell insert after the last section (preceding the Douglas have announced their merger. the Government of Croatia if that govern- short title) the following new section: (2) The Department of Defense has ap- ment relocates the remains of Croatian Ustashe soldiers, who participated during SEC. (a) None of the funds appropriated in proved the merger as consistent with the na- this Act may be made available to any Gov- tional security of the United States. the Holocaust in the mass murder of Jews, ernment of Cambodia that has not been (3) The Federal Trade Commission has Serbs, and Gypsies, at the site of the World elected. found that the merger does not violate the War II concentration camp at Jasenovac, Croatia. H.R. 2159 antitrust laws of the United States. (4) The European Commission has consist- (b) ASSISTANCE TO NONGOVERNMENTAL OR- OFFERED BY: MR. BEREUTER ently criticized and threatened the merger GANIZATIONS.—Restrictions contained in this AMENDMENT NO. 25: At the end of the bill, before, during, and after its consideration of or any other Act with respect to assistance insert after the last section (preceding the the facts. to the Government of Croatia shall not be short title) the following new section: (5) The sole true reason for the European construed to restrict assistance in support of SEC. (a) None of the funds appropriated in Commission criticism and imminent dis- programs of nongovernmental organizations this Act may be made available to any Gov- approval of the merger is to gain unfair com- from funds appropriated by this Act to carry ernment of Cambodia that has not been petitive advantage for Airbus Industries, a out the provisions of chapter 1 of part I of democratically elected. government-owned aircraft manufacturer. the Foreign Assistance Act of 1961. H.R. 2159 (b) SENSE OF CONGRESS.—It is the sense of (c) TERMINATION OF PROHIBITION.—The pro- Congress that— hibition under subsection (a) with respect to OFFERED BY: MR. BEREUTER (1) any disapproval by the European Com- the Government of Croatia shall terminate AMENDMENT NO. 26: At the end of the bill, mission of the merger of the Boeing Com- after the Government of Croatia provides the insert after the last section (preceding the pany and McDonnell Douglas would con- Secretary of State with compelling proof short title) the following new section: stitute an unwarranted and unprecedented that the historical symbolism of Jasenovac, SEC. (a) None of the funds appropriated in interference in a United States business and the remains of those who were murdered this Act may be made available to Cambodia transaction that would threaten thousands by the Nazis and their collaborators, will re- except for basic humanitarian needs assist- of American aerospace jobs; and main undisturbed and that no other remains ance that is provided through private vol- (2) the President should take such actions will ever be added to the remains of the vic- untary organizations certified by the United as he considers to be appropriate to protect tims of Nazi tyranny buried at Jasenovac, States Agency for International Develop- United States interests in connection with Croatia. ment and except for funds made available this matter. (d) NATIONAL INTEREST EXCEPTION.—Assist- through the National Endowment for Democ- ance restricted by subsection (a) may be fur- H.R. 2159 racy. nished if the President determines that fur- OFFERED BY: MR. PAUL H.R. 2159 nishing such assistance is important to the AMENDMENT NO. 32: After the last section OFFERED BY: MR. CAMPBELL national interests of the United States. (preceding the short title), insert the follow- (e) REPORT TO CONGRESS.—Whenever the AMENDMENT NO. 27: Page 13, line 4, after ing: President makes a determination under sub- ‘‘$2,400,000,000’’ insert ‘‘(reduced by LIMITATION ON FUNDS FOR ABORTION, FAMILY section (d), the President shall submit to the $25,000,000)’’. PLANNING, OR POPULATION CONTROL EFFORTS appropriate congressional committees a re- Page 36, line 10, after ‘‘$25,000,000’’ insert port with respect to the furnishing of assist- ‘‘(increased by $25,000,000)’’. SEC. 572. (a) None of the funds appropriated or otherwise made available by this Act may ance pursuant to the determination. Any H.R. 2159 be made available for— such report shall include a detailed expla- OFFERED BY: MR. COBURN (1) population control or population plan- nation of the assistance and how it furthers United States national interests. AMENDMENT NO. 28: At the end of the bill, ning programs; insert after the last section (preceding the (2) family planning activities; or (f) DEFINITION.—For purposes of this sec- short title) the following new section: (3) abortion procedures. tion, the term ‘‘appropriate congressional committees’’ means the Committees on Ap- UNITED STATED MAN AND THE BIOSPHERE H.R. 2159 propriations of the House of Representatives PROGRAM LIMITATION OFFERED BY: MR. TRAFICANT and Senate. SEC. 572. None of the funds appropriated or AMENDMENT NO. 33: At the end of the bill, H.R. 2160 otherwise made available by this Act may be insert after the last section (preceding the OFFERED BY MRS. CLAYTON made available for the United States Man short title) the following new section: AMENDMENT NO. 12: Page 49, line 21, insert and the Biosphere Program, or related LIMITATION ON PROCUREMENT OUTSIDE THE projects. ‘‘(increased by $2,478,000,000)’’ after the first UNITED STATES dollar figure. H.R. 2159 SEC. 572. Funds appropriated or otherwise Page 49, at the end of line 14, add the fol- OFFERED BY: MR. FOX OF PENNSYLVANIA made available by this Act may be used for lowing: AMENDMENT NO. 29: Page 94, after line 3, in- procurement outside the United States or Each amount otherwise appropriated in this sert the following: less developed countries only if— Act (other than this paragraph) is hereby re- SEC. 572. None of the funds made available (1) such funds are used for the procurement duced by 5 percent. of commodities or services, or defense arti- under the heading ‘‘DEVELOPMENT ASSIST- H.R. 2160 ANCE’’ may be used to support or promote cles or defense services, produced in the trophy hunting or the international commer- country in which the assistance is to be pro- OFFERED BY MRS. CLAYTON cial trade in elephant ivory, elephant hides, vided, except that this paragraph only ap- AMENDMENT NO. 13: At the end of the bill, or rhinoceros horns. plies if procurement in that country would insert after the last section (preceding the cost less than procurement in the United short title) the following new section: H.R. 2159 States or less developed countries; SEC. 728. The amount otherwise provided OFFERED BY: MR. KENNEDY OF (2) the provision of such assistance re- by this Act for ‘‘SPECIAL SUPPLEMENTAL NU- MASSACHUSETTS quires commodities or services, or defense TRITION PROGRAM FOR WOMEN, INFANTS, AND AMENDMENT NO. 30: At the end of the bill, articles or defense services, of a type that CHILDREN (WIC)’’ is hereby increased by insert after the last section (preceding the are not produced in, and available for pur- $184,000,000 and each other amount appro- short title) the following new section: chase from, the United States, less developed priated or otherwise made available by this July 16, 1997 CONGRESSIONAL RECORD — HOUSE H5405

Act that is not required to be appropriated SEC. . (a) For an additional amount for H.R. 2160 or otherwise made available by a provision of the Department of Agriculture (consisting of OFFERED BY: MR. WYNN law is hereby reduced by 0.37 percent. an additional $1,500,000 for ‘‘DEPARTMENTAL H.R. 2160 ADMINISTRATION’’), and none of the funds AMENDMENT NO. 16: Insert before the short OFFERED BY: MR. SMITH OF MICHIGAN made available in this Act to such Depart- title the following new section: AMENDMENT NO. 14: Insert before the short ment may be used to provide assistance to, SEC. . For an additional amount for the title the following new section: or to pay the salaries of personnel who carry Department of Agriculture (consisting of an EC S . . None of the funds appropriated or out, a market promotion/market access pro- additional $1,500,000 for ‘‘DEPARTMENTAL AD- made available by this Act may be used to gram pursuant to section 203 of the Agricul- MINISTRATION’’), and none of the funds made pay the salaries and expenses of personnel tural Trade Act of 1978 (7 U.S.C. 5623) that available in this Act to such Department who work at a regional office of the Natural provides assistance in an aggregate amount may be used to provide assistance to, or to Resources Conservation Service or to provide pay the salaries of personnel who carry out, a support service for a regional office of the of funds and/or commodities in excess of $68,500,000, $1,500,000. a market promotion/market access program Natural Resources Conservation Service. pursuant to section 203 of the Agricultural H.R. 2160 (b) Of the amount under the heading ‘‘DE- Trade Act of 1978 (7 U.S.C. 5623) that provides OFFERED BY: MR. WYNN PARTMENTAL ADMINISTRATION’’ in title I, assistance in an aggregate amount of funds AMENDMENT NO. 15: Insert before the short $13,300,000 is for civil rights enforcement at and/or commodities in excess of $68,500,000, title the following new section: the Department of Agriculture. $1,500,000. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, FIRST SESSION

Vol. 143 WASHINGTON, WEDNESDAY, JULY 16, 1997 No. 101 Senate The Senate met at 10 a.m., and was therefore, expect rollcall votes Mr. BAUCUS. Mr. President, I ask called to order by the President pro throughout the day. unanimous consent that the order for tempore [Mr. THURMOND]. As a reminder, under the consent the quorum call be rescinded. agreement reached last night, a vote The PRESIDING OFFICER. Without PRAYER will occur on final passage of S. 1004, objection, it is so ordered. The Chaplain, Dr. Lloyd John the energy and water appropriations Mr. BAUCUS. Mr. President, may I Ogilvie, offered the following prayer: bill, immediately following the first ask whether we are in morning busi- vote relative to the foreign operations ness. ‘‘Oh, to grace how great a debtor The PRESIDING OFFICER. We are in ‘‘Daily I’m constrained to be bill. It is hoped the Senate will be able ‘‘Let Thy goodness, like a fetter to complete action on the foreign oper- morning business. ‘‘Bind my wandering heart to Thee.’’ ations bill during today’s session of the f —Hymn by Robert Robertson. Senate. DESTRUCTION OF THE EYE OF Merciful God, we are debtors to Your It is also the intention of the major- THE NEEDLE ARCH ity leader to begin consideration of the grace. We want to live our whole lives Mr. BAUCUS. Mr. President, I rise in grateful response to Your goodness. legislative appropriations bill this today to express my outrage over an May Your goodness bind our hearts to week, as well as complete action on the incident that occurred in my home You. There is no limit to what we are nomination of Joel Klein under the re- State last May. Over the Memorial Day able to accomplish when love is our maining 3-hour time agreement. weekend, vandals on the Missouri motivation. Help us to live this entire I thank my colleagues for their at- River destroyed the Eye of the Needle day as an expression of our love to tention. Arch, as well as several other stone You, for all the grace You have lav- f pinnacles nearby. ished upon us. Rather than living by RESERVATION OF LEADER TIME Lewis and Clark, camping in the tra- obligation or oughts, may we do our ditional homeland of the Blackfeet In- work today as our way of telling You The PRESIDING OFFICER (Mr. dian Tribe, first noted these structures how much we love You. We are so SMITH of Oregon). Under the previous in their historic journal which, I might thankful for Your care, for the privi- order, the leadership time is reserved. add, is replete with misspellings: lege of living in this free land, for our f ‘‘Seens [sic] of visionary inchantment families and friends and for the oppor- MORNING BUSINESS [sic]’’ and ‘‘eligant [sic] ranges of lofty tunity to serve You in the formulation freestone buildings,’’ describing the of public policy for the welfare and The PRESIDING OFFICER. Under Eye of the Needle Arch along the Mis- prosperity of all people. Our goal is to the previous order, there will now be a souri River. enjoy this day to the fullest. Through period for the transaction of morning Former Montana Senator Lee our Lord and Saviour. Amen. business for not to extend beyond the Metcalf had the foresight to designate f hour of 11 a.m., with Senators per- that stretch of the Missouri as ‘‘wild mitted to speak for not to exceed 5 and scenic,’’ thus ensuring that genera- RECOGNITION OF THE ACTING minutes each. tions of Montanans would marvel at MAJORITY LEADER The Senators from Nebraska and these wonders. The PRESIDENT pro tempore. The Georgia are recognized for 20 minutes. But what took Mother Nature mil- able acting majority leader is recog- The Senator from Nebraska is recog- lions of years to painstakingly carve nized. nized. out was destroyed probably in a matter f Mr. HAGEL. I thank the Chair. of hours. The actions of the vandals (The remarks of Mr. HAGEL and Mr. have been decried in both local and na- SCHEDULE CLELAND pertaining to the introduction tional newspapers, and the people of Mr. HAGEL. Mr. President, on behalf of S. 1021 are located in today’s RECORD Montana have been united in their con- of the majority leader, today the Sen- under ‘‘Statements on Introduced Bills demnation of the acts. People have do- ate will be in a period of morning busi- and Joint Resolutions.’’) nated over $10,000 in reward money for ness until the hour of 11 a.m. By pre- Mr. HAGEL. Mr. President, I suggest information leading to the arrests of vious consent, at 11 a.m., the Senate the absence of a quorum. the individuals responsible. I rise today will begin consideration of S. 955, the The PRESIDING OFFICER. The to add my voice to those who cry out foreign operations appropriations bill. clerk will call the roll. for the loss of a true Montana treasure. Amendments are expected to that ap- The legislative clerk proceeded to My motivations for speaking on this propriations bill, and Senators can, call the roll. subject are personal. To me, the Eye of

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

S7511 S7512 CONGRESSIONAL RECORD — SENATE July 16, 1997 the Needle was a symbol of what makes ernment, that it was bipartisan in its Arkansas, Susan McDougal lived under Montana the ‘‘Last Best Place.’’ Its im- goals and primarily designed to influ- the following conditions. She did not probable existence was a miracle of ence the Congress of the United States see the light of day for 3 months. She creation and a testimony to Montana’s and not exclusively the Presidential was jailed in a unit that was con- rugged spirit. candidates in 1996, and that it also at structed for 10 people but in reality I plan to float the Missouri this this moment remains unclear whether usually held more than 20. As indicated weekend. I will see firsthand what has or not to what extent it might have by these photographs, she was usually become of this treasure. In many ways, succeeded in either influencing the shackled both by hands and feet when- I am not looking forward to the experi- elections or more importantly the poli- ever she went to court or to the doctor ence. cies of the United States Government. or to the dentist. This was not cus- To know that this landmark was de- These have been contentious issues tomary practice. Indeed, no other pris- stroyed by human hands gives me that divided the committee until this oner in that facility was shackled by pause to think on the absolute sense- day. hands and feet in this manner virtually lessness of the act. Tearing down a I am very pleased, based on state- at any time, no less when receiving marvel of nature is not a statement of ments made by both Democratic and medical treatment. defiance, not a statement of courage, Republicans members of the commit- When in transport, marshals were or even machismo. No, it is simply an tee, that I believe our investigation under instructions not to remove her act of raw brutality, an act of utter now proceeds with a common percep- shackles at any time including when stupidity. tion of these facts. I believe that is she required to urinate. She was al- In every cloud, there is a silver lin- critical for the committee doing its lowed one visit per week, and only through glass. She was forbidden any ing, and though it is not easy to see in work and in eventually uncovering family or friendly contact through visi- this case, there is a positive lesson to whether and to what extent this for- tation. She was denied potable water. learn from this incident. In an ironic eign involvement violated our laws. She could only drink from a rusty way, we have gained a deeper apprecia- f shower or a sink attached to a toilet. tion for the wonders that surround us. She was allowed no reading materials They are precious; they are fragile. JUSTICE except for the Bible, of which I am sure Perhaps this incident will remind us to Mr. TORRICELLI. Mr. President, on she would have been grateful except protect the things that are near and a separate second issue I want to ad- she was forbidden to have any reading dear to our hearts. For all our sakes, I dress this morning the larger context glasses, even when she offered to buy hope this is the lesson we learn. of the continuing downward spiral in the national political dialogue, and them with her own funds. Mr. President, I yield the floor and After a brief stint at the Carswell specifically how it addresses the case suggest the absence of a quorum. Federal Medical Center in Fort Worth, of a single American. We have trag- The PRESIDING OFFICER. The where she was placed in a work camp ically in our time witnessed this dete- clerk will call the roll. with other women, many of whom were rioration in the public dialogue. We are The legislative clerk proceeded to serving 30 and 40 years on narcotics now witnessing how its venom can in- call the roll. charges, she was transferred to Califor- Mr. TORRICELLI. Mr. President, I fluence the life of a single citizen. I am nia. There in Los Angeles at the Sybil ask unanimous consent that the order addressing, of course, the Whitewater Brand Institute for Women, she was for the quorum call be rescinded. investigation and the actions of inde- placed in isolation with one tiny slit in The PRESIDING OFFICER. Without pendent prosecutor Kenneth Starr. a door, the windows covered with Mr. President, I claim no expertise in objection, it is so ordered. barbed wire, with a single peephole f the question of the Whitewater inves- where she could see the light of day. tigation. Indeed, it is not the focus of She was denied any reading material INVESTIGATION OF THE 1996 my remarks this morning. And I hold FEDERAL ELECTIONS and was denied a chance to even meet no brief for either President Clinton or with the prison chaplain. Mr. TORRICELLI. Mr. President, I the First Lady as I address this issue. She was later moved to complete iso- rise today to address two of the current Indeed, the injustice of which I speak lation from all other prisoners and was investigations that are taking place does not involve anyone in the Presi- allowed out of her cell for 2 hours per within the Federal Government on this dent’s family, but rather a simple 42- day. So for 22 hours a day she was in day. They are very different and they year-old woman named Susan complete isolation, no contact with involve different branches of the Gov- McDougal. anyone, no ability to see the light of ernment but are important to this Since September 9, 1996, Susan day, with a single window covered with country and many of our citizens. McDougal has been imprisoned for re- barbed wire, nothing to read, no one to Mr. President, I will address first as fusing to testify to an Arkansas grand talk to, not even counseling from a a member of the Governmental Affairs jury convened by the independent pros- minister. Committee what I think is potentially ecutor Kenneth Starr. And indeed, During the evening hours, she is an important new beginning in our in- under the law a witness who refuses to awakened every 20 minutes by a flash- vestigation of the problems of the fi- cooperate and testify before a grand light that is placed in her eyes. She is nancing of the 1996 elections. jury may be held for a civil contempt served breakfast at 4:30 in the morning Members of the committee have for of up to 18 months. In this instance where she eats alone in a 5-foot cell. If some time had different perceptions therefore the independent prosecutor she should leave her cell, she is hand- about the most serious allegations in- initially acted within the law and prob- cuffed behind her back and is forced to volved in that investigation. This, of ably appropriately. But that is where wear prison uniforms that are colored course, involves the question of wheth- the problem begins. Because according red, which is the color to indicate a er or not there was an attempt by a to the legislative history of the stat- murderer or an informant. She is rou- foreign government, principally the ute, and indeed under the case law, the tinely body searched and forced to Government of China, to influence our purpose of civil contempt and impris- strip naked for prison officials. She is Federal elections in 1996. onment ‘‘is to secure testimony escorted by a guard wherever she goes, I believe that there is now a common through a sanction, not to punish the including to the infirmary or the li- understanding that while all sides pre- witness by imprisonment.’’ brary. viously acknowledged that there was But according to briefings filed with And finally, every time she uses the probably such an attempt and regarded the court, the prison conditions that shower or on those occasions when she it seriously, there were differences Susan McDougal has endured up to this is allowed access to a telephone, every about certain aspects of the allega- point sound more appropriate for a other prisoner is forced to be locked tions. hardened violent criminal than a per- into their cells, which has heightened I think the new common understand- son jailed for civil contempt. animosity toward her personally and ing is that while there was clearly such In fact, while serving 3 months in the led to dangerous, unlivable cir- an attempt made by the Chinese Gov- Faulkner County Detention Center in cumstances. July 16, 1997 CONGRESSIONAL RECORD — SENATE S7513 Mr. President, I do not know Susan time for the Federal judiciary to inter- Well, commitment or contribution, McDougal, and I confess I do not know vene to bring justice and to change the this is the kind of chicken-and-pig a great deal about the Whitewater circumstances of Susan McDougal’s issue on who gets what in the Tax case. In many respects I rose today on life. Code, who contributes what taxes in the Senate floor to speak to neither, I yield the floor. this country. but to talk about justice. This is a bar- Mr. DORGAN. Mr. President, I sug- I want to talk just for a moment baric set of circumstances that are in- gest the absence of a quorum. today about this commitment or con- defensible and give rise to the question The PRESIDING OFFICER. The tribution issue, and when it comes of whether or not Mr. Starr’s investiga- clerk will call the roll. time to providing tax relief, then who tion is being led by someone who seeks The legislative clerk proceeded to gets some help. There is a discussion in justice or is driven on the personal de- call the roll. this Congress that occurs almost every struction of individuals to vindicate Mr. DORGAN. Mr. President, I ask year around something called tax free- himself and his own investigation. unanimous consent that the order for dom day. The Tax Foundation, in fact, Mrs. McDougal is not imprisoned for the quorum call be rescinded. puts out a little publication. This year murder or robbery or any violent of- The PRESIDING OFFICER. Without it was May 9, I believe, and it says tax fense. She has faced no jury and is con- objection, it is so ordered. freedom day is May 9. We have some- victed of nothing. But for almost a Under the previous order, the Sen- one dutifully coming to the floor, and year, she has been held on civil con- ator is recognized for 20 minutes. they hold it up and say, ‘‘Here is the tempt. Mr. DORGAN. Mr. President, I ask day in which we are free. Up until this The Federal courts have ruled on a unanimous consent that morning busi- day, all of the things we earn have to variety of circumstances, including in ness be extended to accommodate 20 go to pay taxes, and beyond this day we 1983 in the Sanchez case, and in 1984 in minutes. are free.’’ the Simkin v. United States case that The PRESIDING OFFICER. Without It has always been curious to me that a court is obligated to release an indi- objection, it is so ordered. the amount of money I pay for my chil- vidual if it becomes clear that she will f dren to go to school is somehow consid- ered a burden. It is not to me. I con- not testify after continued confine- WHO GETS THE BENEFIT OF A sider it an opportunity to put my kids ment. TAX CUT? Indeed, in case after case throughout in a good public school system, and the the history of this country judges have Mr. DORGAN. Mr. President, I want taxes I pay to help that public school released individuals who have refused to talk today about a debate that is system is not a burden to me. But some to testify after 6 or 8 months of impris- going on in a conference committee on people feel every dollar they pay is an onment. who gets what portion of the tax cut enormous burden and a waste. They Susan McDougal has now been im- that is now proposed by the Congress. say, ‘‘Here is tax freedom day, May 9, prisoned for 10 months. There is no in- It is, I suppose, a debate that one this year.’’ When they talk about tax dication that it will end soon. And it would expect if the Congress decides freedom day, the same people that clearly is not going to result in her giv- there shall be a tax cut, and the Con- come to the floor and do that say tax ing credible testimony. gress has decided that taxes shall be re- freedom day is the accumulation of Indeed, it was argued before a Fed- duced in some measure for the Amer- taxes that people have to pay, includ- eral judge 2 weeks ago that not only is ican people. ing income taxes and payroll taxes. Susan McDougal’s incarceration inhu- The obvious question is, for whom And, incidentally, payroll taxes are a mane, it is counterproductive. and for how much? Who gets the bene- big chunk of the taxes people have to If Susan McDougal were released fit of the tax cut? pay in this country. When they talk from these extraordinary barbaric cir- We had a generous discussion on the about tax freedom day, they include cumstances tomorrow, her testimony floor of the Senate with an enormous payroll taxes. in the Whitewater case would be of ab- amount of data and charts, with each When they talk about who gets what solutely no value. Her testimony would side demonstrating that it is right and in terms of tax cuts, guess what hap- have no credibility. It clearly would the other side is wrong, and each side pens? The Congress then says we are have been coerced. No grand jury, no using economists and all of the re- only going to measure income taxes. judge, and no jury would give it any search groups that say this side is We are only going to measure the in- validity. right, that side is wrong, or that side is come taxes you pay, and that is the Her testimony is now useless. Any in- right, this side is wrong. I suspect peo- basis on which you get a tax cut. So dividual held in solitary confinement ple watching this do not have the fog- you have a situation in this country with no privacy, with no ability to con- giest understanding of how you manu- where over two-thirds of the American sult with family or friends, denied ac- facture all these numbers. It is like people now pay a higher payroll tax cess to a chaplain, shackled hand and making sausage, I assume—somebody than they pay in income tax. Two- foot, subjected to body searches, awak- over there, huddled over a bowl, is thirds of the American people pay ened during the night every 20 minutes, throwing all kinds of things in a bowl, higher payroll taxes than income in some circumstances by a flashlight and they grind it out and say, ‘‘Here’s taxes. Payroll taxes have grown, and in her eyes, could not possibly at this our sausage.’’ rather substantially. point be giving voluntary testimony I come from a farm State, so I sup- So when it comes time to give a tax that would be usable in a court of law. pose I talk a lot about agriculture. I cut, we are told that the tax cut shall Mr. President, Kenneth Starr should was thinking about an old story that a go to people based on the income taxes pursue the facts. If they produce fur- fellow in my hometown told me years they pay, and if you don’t pay substan- ther evidence that allows a case to pro- ago about the chicken and the pig. It tial enough income taxes, you do not ceed, it is his duty to do so. It is the reminds me a little of this debate get a tax cut. obligation of every officer of this Gov- about the tax issue, who gets what. A Some of us feel that the working ernment, in any of its branches, to first chicken and a pig were prancing families toward the bottom of the lad- and foremost, however, pursue justice. around the farmyard and they were der, those working families somewhere Former Senator William Cohen, then talking about the upcoming birthday between the 50th percentile and down a Member of this institution, said, for the farmer and deciding what they who are paying more in payroll taxes ‘‘The appearance of justice is just as would give the farmer for his birthday. than income taxes, they are working, important as justice itself in terms of The chicken said, ‘‘Why don’t we give they are paying taxes. It is a different maintaining public confidence in our him ham and eggs,’’ and the pig kind of tax—payroll tax—they ought to judicial system.’’ thought about that for a long time, and get a tax cut, as well. Mr. President, there is no confidence said, ‘‘Well, gee, for you, that’s terrific, Here is the dilemma. We have a tax in our judicial system that can come because for you that’s just a contribu- cut that is proposed in part of this from these facts. There is a cold tyr- tion, but for me that requires real com- package that is a per child tax credit of anny on a single American citizen. It is mitment.’’ $500, and we are told that the per child S7514 CONGRESSIONAL RECORD — SENATE July 16, 1997 tax credit will go to only those people ground, we say to them, ‘‘You are Now, the point I come to the floor who pay enough income taxes to earn working, you are paying taxes, but today to make is this. We are in con- the credit. What does that mean? It we’re sorry, you don’t get a tax cut.’’ ference between the House and the Sen- means 4 million to 6 million American What kind of logic is that? This does ate on the question of what kind of tax kids will not get a per child tax credit, not make any sense to me. cut and who receives the benefits of despite the fact their folks are working I will read a couple of other things this tax cut. The chart I have here and their folks are paying substantial that have been written recently. shows the percentage of working fami- payroll taxes, sufficient payroll taxes Today, in the Washington Post, with lies in this country whose payroll taxes to earn this tax credit. But they will be respect to this debate about who is pro- exceed their income taxes. You will see denied any tax benefit under this plan viding what benefit to which income this by quintile. because they pay payroll taxes and not group in this country, the Washington The bottom fifth, 99 percent of them, enough income tax. Post editorial says: pay more payroll taxes than income Why is it their fault? Because they The Republicans have written a tax bill tax. These are people who work. They are not earning enough money, they tilted heavily toward the better-off *** get up every day, go to work, work are at the bottom of the economic lad- The Republicans in turn have adopted a hard, try to take care of their families. der. They are told in this plan, payroll new technique. Rather than argue as they The second quintile, 97 percent, pay might have done in the past about the vir- more in payroll taxes than they do in taxes don’t count. So, therefore, these tues of the bill, they engage in distortion. 4 to 6 million children, the parents of income tax, and right on down, until They are talking now about the num- those children, are not going to get a you get to the top fifth, and they pay bers that are bantered back and forth. tax cut, because they only work and 16 percent in payroll taxes. Sixteen they only pay payroll taxes. That The people who wrote this bill aren’t de- percent have payroll taxes that exceed fending its distributional consequences; makes no sense at all. It does not make they’re denying them. The plain facts are their income tax. any sense. that the bill over time would not just mainly You can see the import of this chart. Why would we prevent the parents of benefit the better-off but would cost the gov- It shows the folks in the bottom 60 per- 4 to 6 million children, the parents of ernment revenues it can’t afford. cent of the income strata in this coun- those 4 to 6 million children who are I want to talk about this issue of bet- try who are out working, are paying working, from getting a tax credit of ter off, however, because if we have a higher payroll taxes than income $500 per child, as all other Americans proposal passed by both the House and taxes. Any proposal that says that does will get? the Senate to reduce the tax burden in not count, that does not matter, the We were told last week by a Member this country, it seems to me it ought payroll taxes you pay are not part of of the majority who believes we should to be targeted to those families who our concern, is just plain wrong. not provide a child tax credit to those have faced an increasing tax burden. Now, we have an opportunity to fix people who are working and paying Which taxes have increased in recent it, and we can fix it in this conference payroll taxes, that if we did, it would years in this country? Does anybody committee. The House and the Senate be welfare. Why welfare? These are peo- know the answer to that? Which taxes conferees can decide to consider pay- ple who are working, these are people have increased? I guess most people roll taxes paid as a measurement who are paying taxes, and these are would say the payroll taxes, and they against who gets the $500 child tax people who also deserve a tax cut. would be right. credit. They can do that. Some don’t It is always interesting to me that Payroll taxes in the last decade have want to do it because it means they every time we talk about a tax cut in increased, increased again, and in- will not be able to get their special lit- this Chamber, if you get way into the creased again. The income tax rates tle deal in the Tax Code. They have upper end of the income scale—an area, have come down, except for one cir- lots of special trunks in cases that incidentally, where they have had cumstance. But the payroll taxes have have been put in this bill. Some want enormous increases in income—that increased. to have their special deal, so they don’t somehow the most generous portions of So the result is, when the discussion want to do this because it costs money. the tax cut always go to those folks. of the Congress is about giving a tax If you want a fair tax cut and you I want to read some information that cut, I think we ought to talk about want to be fair to working Americans was in a piece yesterday in the Wash- providing tax relief to those who are and working families, you must say to ington Post about what has happened paying higher payroll taxes. But some those out there in the work force, ‘‘We to incomes in this country. According say they want to prevent those people will give a tax cut based on a $500-per- to the Congressional Budget Office, the who are paying higher payroll taxes child tax credit and we will measure it Americans in the bottom one-fifth of from receiving any of the significant against the taxes you pay—all taxes, the income distribution, the lowest 20 benefits of the tax cut. Frankly, that is including payroll taxes.’’ The failure to percent of income earners in the work just wrong. do that means that this Congress is not force, saw their after-tax incomes drop The piece in the Washington Post, doing right by middle-income families. by 16 percent between 1997 and 1994. written by E.J. Dionne, called ‘‘The This Congress is not doing right by When you adjust all that for inflation, Tax War,’’ is an interesting piece that nearly 4 million to 6 million children they have 16 percent less purchasing appeared a day or two ago, and it says and the parents of those children who power in a 20-year period. The next-to- the following: will be denied a reduction in their the-bottom fifth lost 8 percent. The The Republicans are missing a chance to taxes only because the taxes they paid, middle fifth stayed about even. make their best case for a tax cut. For years, the higher taxes they paid, were pay- The members of the wealthiest 20 they argued that government should not tax roll taxes rather than income taxes. percent saw their incomes rise by 25 people into poverty or make life tougher for So we have an opportunity to do this percent, and the top 1 percent of the in- the pressed middle class. They were right right. Most people look at the Congress come earners in this country in the about this, especially since regressive pay- and they think, if you cut taxes, guess same 20-year period saw their income roll taxes take a much bigger chunk from what Congress will do? It will cut tax rise in real terms by 72 percent. So if the incomes of the middle class and the working poor than from the wealthy. and give people at the higher income you look at who has benefited substan- That’s why it is incomprehensible that Re- levels, at the upper end, the biggest tax tially in the last 20 years, you conclude publicans have so fiercely resisted Clinton’s cut. that the top 20 percent of income earn- proposal to give the $500-per-child tax credit Congress has two ways of doing ers, especially the top 1 percent, have to families who owe no income taxes but pay things. It deals with cakes and crumbs. benefited enormously. substantial payroll taxes. Most of these fam- The folks at the bottom get the crumbs Why is it, then, when we talk about ilies earn roughly $17,000 to $30,000 a year. and the folks at the top get the cake providing tax cuts, that we say to People at the middle and bottom of the in- with lighted candles on it. That is the come strata need tax relief for another rea- those who have not benefited at all, son: For nearly two decades—until the last 2 way people think Congress behaves be- those who are in the work force who or 3 years of the current economic recov- cause too often that is the way they do have not received any substantial in- ery—they have lost ground or barely kept behave. We have an opportunity in con- crease in income, in fact, who have lost up. structing a tax bill in this conference July 16, 1997 CONGRESSIONAL RECORD — SENATE S7515 to do it the right way, which would be There are a list of eight managers’ may be transferred to and merged with ‘‘Op- to say to all Americans we are going to amendments, which I will refer to and erating Expenses of the Agency for Inter- give a $500-per-child tax credit, which then send to the desk en bloc. national Development’’: Provided further, That the provisions of section 107A(d) (relat- the Republicans proposed and which There is the McConnell-Leahy ing to general provisions applicable to devel- the President proposed, which the amendment requiring a report on the opment credit authority) of the Foreign As- Democrats and Republicans voted for, management of the Russia enterprise sistance Act of 1961, as added by section 306 but that tax credit will not be denied fund and prohibiting establishment of a of H.R. 1486 as reported by the House Com- the people just because they paid a private-public entity to manage the de- mittee on International Relations on May 9, payroll tax rather than an income tax. fense enterprise fund activities; a 1997, shall be applicable to direct loans and This conference in the next couple of Leahy amendment establishing credit loan guarantees provided under this para- graph: Provided further, That direct loans or days can do this right or it can do it authority for AID; a Leahy amendment loan guarantees under this paragraph may wrong. I hope they will listen to the allowing funds to be transferred to the not be provided until the Director of the Of- voices of some in this country who say, Export-Import Bank for NIS activities; fice of Management and Budget has certified if you are going to give a tax cut, pay a Leahy technical corrections amend- to the Committee on Appropriations that the some attention to the needs of the mid- ment to section 571; a McConnell- Agency for International Development has dle-income earners in this country who Leahy amendment providing authori- established a credit management system ca- deserve a tax cut, yes, based on income pable of effectively managing the credit pro- ties to DSAA for the costs associated grams funded under this heading, including taxes paid, but also based on the higher with the transfer of EDA to Central that such system (1) can provide accurate sales tax they pay every day as they go and East European countries and use of and timely provision of loan and loan guar- to work and work hard to support their less expensive commercial transport antee data, (2) contains information control families. and stockpiles in Thailand and Korea; systems for loan and loan guarantee data, (3) I yield the floor and suggest the ab- a McConnell-Leahy amendment provid- is adequately staffed, and (4) contains appro- sence of a quorum. ing DSAA authority to obligate funds priate review and monitoring procedures. The PRESIDING OFFICER (Mr. upon apportionment; a McConnell- AMENDMENT NO. 878 HUTCHINSON). The clerk will call the Leahy amendment to provide a date for On page 20, line 14, after the word ‘‘para- roll. the report on Ukraine; and a Leahy graph’’ insert the following: ‘‘Provided fur- The legislative clerk proceeded to amendment with a technical change on ther, That up to $22,000,000 made available call the roll. page 92. under this heading may be transferred to the Mr. MCCONNELL. Mr. President, I Export Import Bank of the United States, AMENDMENTS NOS. 876 THROUGH 883, EN BLOC ask unanimous consent that the order and up to $8,000,000 of the funds made avail- Mr. MCCONNELL. Mr. President, I for the quorum call be rescinded. able under this heading may be transferred The PRESIDING OFFICER. Without send eight amendments to the desk and to the Micro and Small Enterprise Develop- objection, it is so ordered. ask that they be considered en bloc. ment Program, to be used for the cost of di- The PRESIDING OFFICER. The rect loans and loan guarantees for the fur- Mr. MCCONNELL. Mr. President, therance of programs under this heading: what is the pending business? clerk will report. The assistant legislative clerk read Provided further, That such costs, including f as follows: the cost of modifying such loans, shall be as defined in section 502 of the Congressional CONCLUSION OF MORNING The Senator from Kentucky [Mr. MCCON- Budget Act of 1974’’. BUSINESS NELL], proposes amendments numbered 876 The PRESIDING OFFICER. Morning through 883, en bloc. AMENDMENT NO. 879 business is closed. The amendments are as follows: On page 97, lien 5, strike the words ‘‘be- f AMENDMENT NO. 876 tween the United States and the Government of Indonesia’’. (Purpose: To improve the performance of On page 97, line 6, insert a comma after the FOREIGN OPERATIONS, EXPORT enterprise funds) FINANCING, AND RELATED PRO- word ‘‘sale’’ and strike the word ‘‘or’’. On page 27, line 15 insert the following new On page 97, line 7, after the word ‘‘trans- GRAMS APPROPRIATIONS ACT, sections: fer’’ insert ‘‘, or licensing’’. 1998 (Q) None of the funds appropriated under On page 97, line 7, after the word ‘‘heli- The PRESIDING OFFICER. Under this heading or in prior appropriations legis- copter’’ insert ‘‘for Indonesia entered into by the previous order, the Senate will now lation may be made available to establish a the United States’’. proceed to the consideration of S. 955, joint public-private entity or organization engaged in the management of activities or AMENDMENT NO. 880 making appropriations for foreign op- projects supported by the Defense Enterprise On page 102, line 9, after the word ‘‘1998.’’, erations, export financing, related pro- Fund. insert the following: grams for the fiscal year ending Sep- (R) 60 days after the date of enactment of EXCESS DEFENSE ARTICLES FOR CERTAIN tember 30, 1998, and for other purposes. this Act, the Administrator of AID shall re- EUROPEAN COUNTRIES The clerk will report. port to the Committees on Appropriations on SEC. 575. Section 105 of Public Law 104–164 The assistant legislative clerk read the rate of obligation and risk and antici- (110 Stat. 1427) is amended by striking ‘‘1996 as follows: pated returns associated with commitments and 1997’’ and inserting ‘‘1998 and 1999’’. made by the U.S. Russia Investment Fund. A bill (S. 955) making appropriations for SEC. 576. ADDITIONAL REQUIREMENTS RELAT- foreign operations, export financing, related The report shall include a recommendation ING TO STOCKPILING OF DEFENSE programs for the fiscal year ending Septem- on the continued relevance and advisability ARTICLES FOR FOREIGN COUN- ber 30, 1998, and for other purposes. of the initial planned life of project commit- TRIES. ment. (a) VALUE OF ADDITIONS TO STOCKPILES.— The Senate proceeded to consider the Section 514(b)(2)(A) of the Foreign Assist- bill. AMENDMENT NO. 877 ance Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is Mr. MCCONNELL addressed the At the appropriate place in the bill, insert amended by inserting before the period at Chair. the following: the end the following: ‘‘and $60,000,000 for fis- cal year 1998’’. The PRESIDING OFFICER. The Sen- DEVELOPMENT CREDIT AUTHORITY ator from Kentucky is recognized. (b) REQUIREMENTS RELATING TO THE REPUB- For the cost, as defined in section 502 of LIC OF KOREA AND THAILAND.—Section Mr. MCCONNELL. Mr. President, my the Congressional Budget Act of 1974, of di- 514(b)(2)(B) of such Act (22 U.S.C. friend and colleague, Senator LEAHY, rect loans and loan guarantees in support of 2341h(b)(2)(B)) is amended by adding at the the ranking Democrat on the sub- the development objectives of the Foreign end the following: ‘‘Of the following: ‘‘Of the committee, is detained down at the Assistance Act of 1961 (FAA), up to amount specified in subparagraph (A) for fis- White House for the time being. I see $10,000,000, which amount may be derived by cal year 1998, not more than $40,000,000 may his colleague, Senator DORGAN, stand- transfer from funds appropriated by this Act be made available for stockpiles in the Re- ing in for him. We will, while Senator to carry out part I of the Foreign Assistance public of Korea and not more than $20,000,000 Act of 1961 and funds appropriated by this DORGAN is here, by mutual agreement, may be made available for stockpiles in Act under the heading ‘‘Assistance for East- take care of several managers’ amend- Thailand.’’. ern Europe and the Baltic States’’, to remain SEC. 577. DELIVERY OF DRAWDOWN BY COMMER- ments here at the outset of the discus- available until expended: Provided, That of CIAL TRANSPORTATION SERVICES. sion of this year’s foreign operations this amount, up to $1,500,000 for administra- Section 506 of the Foreign Assistance Act bill. tive expenses to carry out such programs of 1961 (22 U.S.C. 2318) is amended— S7516 CONGRESSIONAL RECORD — SENATE July 16, 1997 (1) in subsection (b)(2), by striking the pe- Rwanda, much like the Truth Commis- overseas without the use of troops is riod and inserting the following: ‘‘, including sion in South Africa. frequently, always, less dangerous and, providing the Congress with a report detail- Mr. President, my amendment is not many times, less expensive. ing all defense articles, defense services, and without precedent. The foreign oper- military education and training delivered to For the better part of the last 3 the recipient country or international orga- ations bill 2 years ago restricted for- years, Senator LEAHY and I have nization upon delivery of such articles or eign assistance to countries that warned that the United States would upon completion of such services or edu- harbored both Rwandan and Yugoslav pay long-term consequences if we con- cation and training. Such report shall also indicted war criminals. I believe this tinued the pattern of shortsighted include whether any savings were realized by was the right standard, and to do any- gains made by reducing foreign assist- utilizing commercial transport services rath- thing less sends the wrong message on ance. er than acquiring those services from United war crimes. If we say we are against Finally, the administration listened. States Government transport assets’’; war crimes in Yugoslavia, we should (2) by redesignating subsection (c) as sub- I want to commend Secretary Albright section (d); and also equally say we are against war for making an increase in the 150 ac- (3) by inserting after subsection (b) the fol- crimes in Rwanda. I don’t believe that count her first and foremost priority. lowing: there’s one Senator who doesn’t share The nearly $1 billion increase arrested ‘‘(c) For the purposes of any provision of this belief—but it is important that we a devastating decade-long decline. law that authorizes the drawdown of defense- say so. I think it is important to put this in- or other articles or commodities, or defense My amendment makes a strong crease in perspective. Measured against or other services from an agency of the Unit- statement of support for the Rwandan foreign aid’s peak year of 1985, our re- ed States Government, such drawdown may tribunal and for the cause of human include the supply of commercial transpor- sources have dropped nearly 60 percent. tation and related services that are acquired rights in Africa. Since 1990, we have seen a 40-percent by contract for the purposes of the drawdown Mr. MCCONNELL. Mr. President, it is reduction. Keep in mind that those in question if the cost to acquire such com- my understanding that these have been cuts have occurred in times when the mercial transportation and related services approved by the Democrats. United States established assistance is less than the cost to the United States Mr. DORGAN. Mr. President, if the programs to help strengthen and sta- Government of providing such services from Senator will yield, Senator LEAHY is bilize more than two dozen new, emerg- existing agency assets.’’. detained. On his behalf, I am here to ing democracies. say that the amendments have been ap- As we welcome Poland, Hungary, and AMENDMENT NO. 881 proved, and he is either a sponsor or a On page 34, line 21, after the word ‘‘Act’’ the Czech Republic into NATO, thereby cosponsor with Senator MCCONNELL. expanding European stability and secu- insert the following: ‘‘: Provided further, That The PRESIDING OFFICER. Without funds made available under this paragraph rity arrangements, we should all re- shall be obligated upon apportionment in ac- objection, the amendments are agreed member it was the United States eco- cordance with paragraph (5)(C) of title 31, to en bloc. nomic and security assistance that United States Code, section 1501(a)’’ The amendments (Nos. 876 through helped make this possible. 883), en bloc, were agreed to. Just taking a look, Mr. President, at AMENDMENT NO. 882 Mr. MCCONNELL. Mr. President, I the chart here behind me, my col- On page 24, line 9 insert after the word move to reconsider the vote. leagues will notice that in 1985, in bil- ‘‘resolution’’ the following: ‘‘Provided further, Mr. DORGAN. I move to lay that mo- That the Secretary shall submit such deter- tion on the table. lions, the foreign operations account mination and certification prior to March 31, The motion to lay on the table was was $28.2 billion. A mere 12 years later, 1998.’’ agreed to. it was $12.2. And what we are seeing this year, after a decline of $28.2 to $12 Mr. MCCONNELL. Mr. President, I AMENDMENT NO. 883 am pleased to bring the fiscal year 1998 billion, is an increase back up to $13.4 (Purpose: To require the withholding of as- foreign operations, export promotion, billion. sistance to any country granting sanc- and related programs appropriations I will argue, as I did a few moments tuary to any person indicted by the Inter- ago, that given the new responsibilities national Criminal Tribunal for Rwanda) bill to the Senate for consideration today. I might say at the outset that to the new emerging democracies, that On page 92, line 16, strike ‘‘is authorized this increase this year in the 150 ac- to’’ and insert ‘‘shall’’. we anticipate finishing this bill to- On page 92, line 21, strike ‘‘should’’ and in- night. There are very few amendments count is entirely appropriate. sert ‘‘shall’’. of which I am aware and, hopefully, we The aspirations, ingenuity, and de- Mr. BIDEN. Mr. President, I am can mirror the speed with which the termination of the citizens of these pleased the managers of the bill will Department of Defense appropriations countries—particularly in Central Eu- accept my amendment to the foreign bill and the energy and water appro- rope—combined with American grants, operations appropriations bill. My priations bill were completed. loans, exchanges, training, and equip- amendment will apply the same stand- Senator LEAHY and I have worked ment to build democratic institutions, ards for sanctions on countries that closely together to produce a bill which strong free markets, and responsible harbor Rwandan indicted war criminals effectively serves vital international military partners makes a lot of sense. as are applied to countries that provide U.S. political and economic priorities Obviously, this effort should be con- sanctuary for individuals indicted by with the $13 billion allocated to our tinued. The combination of an increase the Yugoslav war crimes tribunal. subcommittee. in the foreign assistance allocation, As the bill is currently written, with Let me point out right up front that along with progress made by emerging the exception of certain types of hu- while the bill stands at $13 billion, we European democracies, have made this manitarian assistance, no foreign aid are funding $13.2 billion on programs; a key transition year—one in which we can be given to any country that pro- the difference is due to the Budget have an opportunity to initiate support vides sanctuary to individuals indicted Committee’s treatment of arrears at for new priorities while ending or es- by the Yugoslav war crimes tribunal. international financial institutions. tablishing clear performance bench- But for those individuals indicted by For the first time in more than a dec- marks in countries where U.S. support the Rwandan war crimes tribunal, the ade, the foreign operations account ac- is not fulfilling political or economic bill contains only a discretionary au- tually experienced an increase. We can expectations. thority to withhold aid. thank Senator STEVENS for under- In this context, let me review some Mr. President, the United States was standing how important it is to have of the bill’s highlights. a cosponsor of the U.N. Security Coun- international options short of sending In title I, we have increased export cil resolution which authorized the es- in U.S. troops. I might just say, Mr. promotion support over the adminis- tablishment of the Rwandan war President, on that point, there are a tration’s request. We have fully funded crimes tribunal. Accountability for the number of our colleagues who are par- the Trade and Development Agency 500,000 people killed in the 1994 geno- ticularly enthusiastic about the de- and the Overseas Private Investment cide is an integral part of any effort for fense option, and I am among them. On Corporation, and to compensate for dis- reconciliation and reconstruction in the other hand, being able to engage mal forecasting at the Eximbank, we July 16, 1997 CONGRESSIONAL RECORD — SENATE S7517 have increased the funding there as and support the constitutional and eco- ing. While this level reflects a slight well. nomic changes which have been reduction of the administration’s re- No one is more pleased than I am achieved. However, to leverage im- quest, we were able to provide an in- that there is a new team directing the provements and accelerate the pace of crease in aid to Jordan and an increase Bank’s important work. However, the reforms, 35 percent of the aid package in support for Lithuania, Estonia, and new Chairman arrives in with the news is withheld until the Secretary of State Latvia. that the Bank expects to have to carry certificates progress has been made Let me speak for a moment to the over into 1998 nearly $400 million in combating corruption, and moving for- case of the Baltic countries. I know I planned or possible 1997 projects be- ward with key economic and political am joined by many of my colleagues cause of a shortfall in available fund- policy changes. who believe the Baltic nations should ing. At a time when everyone recog- Russia offers another example of be the next nations on the list of NATO nizes that exports are key to American where aid must better serve United entrants. Having never recognized economic growth, we need to support States interests. For the past 2 years, their domination by the Soviet Union Exim’s vital mission. While the admin- the bill has included language linking during the cold war, I think it is a seri- istration asked for $632 million, we the provision of aid to the termination ous mistake for the administration to have provided $700 million to support of Russia’s nuclear cooperation with now bow to Russian demands that the American business as they venture into Iran—a provision always watered down Baltic nations be excluded from NATO. tough emerging markets. by the administration. With elections In effect, the administration’s policy Title II provides funding for all bilat- around the corner, the administra- relegates the Baltic States to the Rus- eral programs, including development tion’s argument last year was simple: sian sphere of influence, a perverse re- assistance activities, programs in the If we cut off aid, they said, we under- versal of political fortune and a mis- new independent states and Central mine the election chances of the only take of historic proportions. and Eastern Europe, disaster aid, the people who are committed to ending These nations are ready, willing, and Peace Corps, international narcotics this lethal program. able to make a meaningful military control, and a consolidated fund which Well, we all know the reformers won and political contribution to NATO’s covers nonproliferation, demining, the election last year, and, unfortu- mission. The funding we have provided antiterrorism, IAEA activities, and re- nately, the nuclear program is still will strengthen and deepen the Baltic lated programs. around. Only now it is expanded, and ties to NATO by facilitating the com- Within this title, there are a number the Russians are not only collaborating pletion of a civilian military regional of provisions which reflect the commit- with Iran on a nuclear powerplant. airspace control system, an important tee’s new emphasis of building on suc- They are working together on a missile step toward membership. This funding cess and objectively recognizing and technology program. This year a waiv- reflects a strong view that Latvia, reversing failures. er allowing aid to continue—no matter Lithuania, and Estonia deserve to be Nowhere is this more evident than in what the Russians do with Iran—is integrated into a stable European secu- the Middle East. I will not spend a simply out of the question. rity structure and have earned our po- great deal of time at this point on the Consistent with our effort to take aid litical commitment and continued sup- issue of Egypt’s record over the last 2 off autopilot, the bill also includes lan- port for NATO admission. years. Let me simply say that funding guage addressing the crisis in Cam- Finally, let me turn to title IV in the for both Egypt and Israel has always bodia. In our opening hearing this year, bill, which provides funding for the international financial institutions. been provided in the context of the the administrator of AID referred to Although we have reduced the adminis- Camp David accords and a national Cambodia as a democratic success tration’s request, we have been able to commitment to serving the interests of story, a view echoed by the Secretary meet virtually all current-year obliga- peace. of State in our closing hearing. Persist- tions as well as make substantial Leading a renewal of the Arab eco- ent allegations of close collaboration progress on past obligations incurred nomic boycott of Israel, rejecting between Cambodia’s leadership and by this administration. President Clinton’s plea to participate major regional drug traffickers were I want all of my colleagues to know in the peace summit, and actively op- dismissed in that hearing, as were that we have once again withheld funds posing the Hebron agreement between alarming accounts of the two prime for IDA until the Secretary of the Israel and the Palestinians are a few ministers arming themselves for a re- Treasury certificates that the interim reasons why Egypt no longer seems to sumption of civil war. trust fund has removed all procure- share our commitment to regional sta- As we all know, a few short weeks ment restrictions imposed which ex- bility and peace. To send a signal that ago the committee report called atten- clude American contractors. improvements are expected if aid is to tion to this rapidly deteriorating situa- I want the members of both the trust continue to flow, the committee did tion and conditioned assistance of all fund and IDA to be on notice that these not earmark funds for Egypt. further aid on progress in four key restrictions must be gone before this In contrast, King Hussein has taken areas. The Secretary had to certify the legislation is enacted or I cannot sup- enormous risks to advance peace, and government had taken steps to: First, port full funding for IDA in conference. the committee reflected its support for end political violence and intimidation The last section of the bill is devoted this effort by substantially increasing of opposition candidates; second, estab- to general provisions. One in particular economic and security assistance to lish an independent election commis- is worth noting because it is in keeping Jordan. Egypt and Jordan define the sion; third, protect voters and election with the principles we have developed basic tenet of this bill: Aid is not an participants by establishing laws and to end aid as an entitlement program. entitlement program. It must be regulations guaranteeing freedom of When the Dayton agreement was earned, and it must be deserved. speech and assembly; and, fourth, signed, each party pledged to support The NIS offers other examples of this eliminate corruption and collaboration the International Tribunal’s efforts to approach. For several years the Senate with narcotics dealers. arrest and prosecute war criminals. has earmarked funds for Ukraine. Now Mr. President, however elusive that Today, 66 indicted fugitives remain at I believe it is time to assess results. Al- goal now seems, each of these steps re- large—with potentially many more though Ukraine has made remarkable mains important to the future of de- under sealed indictment. progress in passing a constitution and mocracy in Cambodia. With the coup These are not bandits in hiding living introducing a new currency, I think it engineered by Hun Sen last week, I in- in fear of capture. These outlaws con- is time to register our concerns that tend to further modify these conditions tinue to work and wander the streets corruption and the slow pace of re- as we proceed forward with this bill and, in some cases, such those of forms may defeat the relevance and today. Radovan Karadic and Ratko Mladic, impact of our assistance. Turning to title III, the committee they continue to exercise real power. As in the past, we have earmarked has provided over $3.3 billion in secu- Section 573 ends assistance to re- $225 million, making clear we still be- rity assistance, loans and grants and gional authorities refusing to cooper- lieve in Ukraine’s strategic importance support for international peacekeep- ate in the international effort to bring S7518 CONGRESSIONAL RECORD — SENATE July 16, 1997 these fugitives to justice. Peace in AMENDMENT NO. 885 The PRESIDING OFFICER. The Sen- Bosnia cannot be sustained if the Tri- (Purpose: To provide assistance to Egypt) ator from Oregon. bunal fails to complete its task. Stabil- On page 17, line 14, strike the number Mr. SMITH of Oregon. I send an ity and economic growth depend on the ‘‘$2,585,100,000’’ and insert in lieu thereof, amendment to the desk and ask for its repatriation of refugees consistent ‘‘$2,541,150,000’’. immediate consideration. with the Dayton agreement—and those On page 17, line 20, after the word ‘‘later:’’ The PRESIDING OFFICER. The refugees will not return to commu- insert: ‘‘: Provided further, That not less than clerk will report. nities which continue to be terrorized $815,000,000 shall be available only for Egypt, The assistant legislative clerk read which sum shall be provided on a grant basis, as follows: and intimidated by war criminals. and of which sum cash transfer assistance The Senator from Oregon [Mr. SMITH], for Section 573 bans aid to countries may be provided, with the understanding himself, Mr. NICKLES, Mr. THOMAS, Mr. which have not cooperated in the ar- that Egypt will undertake significant eco- HUTCHINSON, and Mr. GORTON, proposes an rest of war criminals. Waiver authority nomic reforms which are additional to those amendment numbered 888. is granted to the President for a period which were undertaken in previous fiscal Mr. SMITH of Oregon. Mr. President, of 6 months, if he certifies that a coun- years:’’. I ask unanimous consent that reading try has turned over a majority of war On page 33, line 26, strike the number ‘‘$3,265,000,000’’ and insert in lieu thereof of the amendment be dispensed with. criminals. However, at the end of the 6 ‘‘$3,308,950,000’’. The PRESIDING OFFICER. Without months, aid can only continue if the On page 34, line 3, after the word ‘‘Israel’’ objection, it is so ordered. President certifies that all war crimi- insert: ‘‘, and not less than $1,300,000,000 shall The amendment is as follows: nals have been arrested. be made available for grants only for At the appropriate place in the bill, insert The provision exempts democracy Egypt.’’. the following new section, and renumber the building, demining and humanitarian remaining sections accordingly: programs in an effort to afford the ad- AMENDMENT NO. 886 SEC. . TO PROHIBIT FOREIGN ASSISTANCE TO ministration some carrots as it at- (Purpose: To restrict aid to Cambodia) THE GOVERNMENT OF RUSSIA On page 11, line 14, strike all after the word SHOULD IT ENACT LAWS WHICH tempts to encourage compliance. WOULD DISCRIMINATE AGAINST MI- But, this should not be seen as a door ‘‘Of’’ through page 12, line 13, ending with NORITY RELIGIOUS FAITHS IN THE which will be opened wider creating the number ‘‘1997.’’ and insert in lieu thereof RUSSIAN FEDERATION. more exemptions and weaker stand- the following: ‘‘None of the funds appro- None of the funds appropriated under this priated by this Act may be made available Act may be made available for the Govern- ards. Let us be clear on a single point: for activities or programs in Cambodia until after more than $400 million in U.S. ment of Russian Federation unless the Presi- the Secretary of State determines and re- dent determines and certifies in writing to aid, we need to implement and enforce ports to the Committees on Appropriations the Committee on Appropriations and the the moral reckoning which only the that the Government of Cambodia has: (1) Committee on Foreign Relations of the Sen- Tribunal can offer. Only justice can not been established in office by the use of ate that the Government of the Russian Fed- bridge the deep divides which continue force or a coup d’etat; (2) discontinued all po- eration has enacted no statute or promul- to fracture the former Yugoslavia. litical violence and intimidation of journal- gated no executive order that would dis- Let me conclude by once again em- ists and members of opposition parties; (3) criminate, or would have as its principal ef- established an independent election commis- fect discrimination, against religious mi- phasizing that the increase in the 150 sion; (4) protected the rights of voters, can- account represents both an oppor- norities in the Russian Federation in viola- didates, and election observers and partici- tion of accepted international agreements on tunity and an obligation to more effec- pants by establishing laws and procedures human rights and religious freedoms to tively serve American international in- guaranteeing freedom of speech and assem- which the Russian Federation is a signatory, terests. We can only accomplish this bly; and (5) eliminated corruption and col- including the European Convention and the purpose if we end aid as an entitlement laboration with narcotics smugglers: Pro- 1989 Vienna Concluding Document of the program. I believe this bill sets us on vided, That the previous proviso shall not Conference on Security and Cooperation in the right course and I encourage my apply to humanitarian programs or other ac- Europe. tivities administered by nongovernmental Mr. SMITH of Oregon. Mr. President, colleagues to support it. organizations: Provided further, That 30 days AMENDMENTS NOS. 885, 886, AND 887 after enactment of this Act, the Secretary of a few weeks ago, on the Fourth of July, Mr. MCCONNELL. As an indication of State, in consultation with the Director of as Americans were celebrating their how quickly we should be able to move the Federal Bureau of Investigation, shall re- cherished freedoms upon which this this bill, I see that my friend and col- port to the Committees on Appropriations on country was founded, the Russian Fed- league from Oregon is here ready to the results of the FBI investigation into the eration passed a bill which, if signed bombing attack in Phnom Penh on March 30, into law, would restrict freedom of reli- offer an amendment, and before I yield 1997.’’. the floor for that purpose, I will offer gion in that country in a lamentable an amendment to earmark aid to way. AMENDMENT NO. 887 This bill is ironically titled, ‘‘On Egypt for myself and Senator LEAHY, (Purpose: To restrict aid to Cambodia) Freedom of Conscience and on Reli- Senator STEVENS, and Senator BYRD. On page 96, line 20, strike all after the word I am also going to send to the desk gious Associations.’’ It first passed the ‘‘Cambodia’’ through page 97, line 2, ending lower house of the Russian Duma in two amendments on Cambodia. with the word ‘‘smugglers.’’ and insert in So, Mr. President, I am sending to late June. lieu thereof the following: ‘‘has: (1) not been The bill would, among other things, the desk three amendments at this established in office by the use of force or a limit the activities of foreign mission- time. coup d’etat; (2) discontinued all political vio- aries and grant unregistered religious The PRESIDING OFFICER. The lence and intimidation of journalists and groups significantly fewer rights than clerk will report. members of opposition parties; (3) estab- accredited Russian religious organiza- The legislative clerk read as follows: lished an independent election commission; (4) protected the rights of voters, candidates, tions such as the Russian Orthodox The Senator from Kentucky [Mr. MCCON- and election observers and participants by Church, Islam, Judaism, and Bud- NELL], for himself, Mr. LEAHY, Mr. STEVENS, establishing laws and procedures guarantee- dhism. and Mr. BYRD, proposes an amendment num- ing freedom of speech and assembly; and (5) bered 885. Mr. President, this bill awaiting sig- eliminated corruption and collaboration nature now on President Yeltsin’s desk The Senator from Kentucky [Mr. MCCON- with narcotics smugglers.’’. NELL], for himself and Mr. LEAHY, proposes would severely limit the very existence an amendment numbered 886. Mr. MCCONNELL. I ask that all of what Russia terms ‘‘new faiths.’’ The Senator from Kentucky [Mr. MCCON- three of those amendments be tempo- These ‘‘new faiths’’ include many NELL], for himself and Mr. LEAHY, proposes rarily set aside. Protestant faiths—Evangelicals, fun- an amendment numbered 887. The PRESIDING OFFICER. Without damentalists, Pentecostals, SDA’s, Je- Mr. MCCONNELL. Mr. President, I objection, it is so ordered. hovah’s Witnesses, Mormons, and even ask unanimous consent that reading of Mr. MCCONNELL. Now, Mr. Presi- the Catholic Church. These faiths will the amendments be dispensed with. dent, I yield the floor. be persecuted as religious minorities The PRESIDING OFFICER. Without AMENDMENT NO. 888 under this proposed law. objection, it is so ordered. Mr. SMITH of Oregon addressed the Congress has already taken a number The amendments are as follows: Chair. of steps to send signals to President July 16, 1997 CONGRESSIONAL RECORD — SENATE S7519 Yeltsin about this bill. Many Members Mr. SMITH of Oregon. Mr. President, In lieu of the language proposed to be in- of both Houses have signed letters to I call for the yeas and nays. serted, insert the following: President Yeltsin and to President The PRESIDING OFFICER. Is there a SEC. . TO PROHIBIT FOREIGN ASSISTANCE TO THE GOVERNMENT OF RUSSIA Clinton. From the Vatican to former sufficient second? SHOULD IT ENACT LAWS WHICH President Jimmy Carter, the reaction At the moment there is not. WOULD DISCRIMINATE AGAINST MI- to this law has been strong and unwav- Mr. MCCONNELL. Mr. President, let NORITY RELIGIOUS FAITHS IN THE ering. me say that we will get a sufficient RUSSIAN FEDERATION. I rise today to send an even stronger second for a vote on this amendment. I None of the funds appropriated under this Act may be made available for the Govern- signal. My amendment would withhold am told by the Democratic Cloakroom funds appropriated in the foreign oper- ment of Russian Federation unless the Presi- that it would be permissible to have a dent determines and certifies in writing to ations bill to Russia unless the Presi- couple of votes around 12:30, and it is the Committee on Appropriations and the dent of the United States determines my plan to have a vote on the Smith Committee on Foreign Relations of the Sen- and verifies in writing to the Congress amendment at about 12:30. ate that the Government of the Russian Fed- that the Government of Russia has en- I also understand under the previous eration has enacted no statute or promul- acted no statute that would discrimi- agreement we are to vote on final pas- gated no executive order that would dis- nate against religious minorities in the sage on energy and water in juxtaposi- criminate, or would have as its principal ef- Russian Federation. tion to that vote. fect discrimination, against religious mi- norities in the Russian Federation in viola- Mr. President, I realize, as do all Sen- Mr. President, is that correct? ators, that Russia is a sovereign coun- tion of accepted international agreements on The PRESIDING OFFICER. The vote human rights and religious freedoms to try. We cannot tell Russia what to do on final passage will follow the first as a country. We can, however, elect which the Russian Federation is a signatory, vote on this bill. That is correct. including the European Convention and the not to send foreign aid to a country Mr. MCCONNELL. So, Mr. President, 1989 Vienna Concluding Document of the that would discriminate against reli- why don’t I ask unanimous consent Conference on Security and Cooperation in gious beliefs in so fundamental a way. that we have a vote on the Smith Europe. This will be the clearest and strong- amendment at 12:30. This section shall become effective one day est message that can be sent to Presi- after the enactment of this bill. Mr. President, I withhold. dent Yeltsin. Should he decide to enact Mr. President, we may have the abil- Mr. SMITH of Oregon. Mr. President, into law this discrimination, we then ity to get the yeas and nays now. I ask I ask for the yeas and nays. will send no American funds, none of for the yeas and nays on the Smith The PRESIDING OFFICER. Is there a our taxpayers’ hard-earned moneys, to amendment. sufficient second? that country in the fiscal year of 1998. There is a sufficient second. The PRESIDING OFFICER. Is there a In the modern world, for most reli- The yeas and nays were ordered. gions, the kind of deprivation of status sufficient second? Mr. SMITH of Oregon. I suggest the There appears to be. that the Russian bill would enact, absence of a quorum. should it become law, is a major en- The yeas and nays were ordered. The PRESIDING OFFICER. The Mr. MCCONNELL. Mr. President, let croachment upon religious freedom. clerk will call the roll. Many international agreements have me say again we are not going to set The assistant legislative clerk pro- already been signed that require sig- the time for the Smith amendment ceeded to call the roll. natories to guarantee religious free- now until we have had further con- Mr. HUTCHINSON. Mr. President, I dom. For example, sections of the Vi- sultation with the Democratic Cloak- ask unanimous consent that the order enna Concluding Document of the Con- room, but in all likelihood there would for the quorum call be rescinded. ference on Security and Cooperation in be two votes at 12:30, one on the Smith The PRESIDING OFFICER (Mr. Europe commits participating States amendment and the other on final pas- SMITH of Oregon). Without objection, it in the Helsinki process to grant reli- sage of energy and water. is so ordered. gious freedom as part of their Constitu- AMENDMENT NO. 889 TO AMENDMENT NO. 888 The Senator from Arkansas. tion. Mr. SMITH of Oregon. Mr. President, Mr. HUTCHINSON. Mr. President, I Mr. President, the Russian Federa- I send a substitute amendment to the would like to voice my support for the tion is a signatory to that Vienna doc- desk and ask for its immediate consid- Smith amendment prohibiting foreign ument. Furthermore, the bill on Presi- eration. assistance to the Government of Rus- dent Yeltsin’s desk would not only vio- The PRESIDING OFFICER. The sia, should it enact laws that would late this and other international agree- clerk will report. discriminate against religious minori- ments; it would also violate Russia’s Mr. MCCONNELL. Mr. President, I ties and religious faiths in the Russian own Constitution which guarantees re- suggest the absence of a quorum. federation. As you eloquently pointed ligious freedoms we as Americans have The PRESIDING OFFICER. The out, on July 4, and ironically on July 4, come to hold as so dear and so fun- clerk will call the roll. as we celebrated our precious freedoms damental. I know some might argue, The assistant legislative clerk pro- in the United States the Russian Fed- Mr. President, that we should not take ceeded to call the roll. eral Assembly gave final approval to a these kinds of actions; that we are try- Mr. MCCONNELL. Mr. President, I bill which would seriously undermine ing to help Russia build democracy, ask unanimous consent that the order religious freedom in Russia. and we are and want to do those things, for the quorum call be rescinded. I was in Poland just 1 week ago, rep- but I would say to them that religious The PRESIDING OFFICER. Without resenting the Senate at an inter- freedom is the cornerstone of democ- objection, it is so ordered. national conference, the Sixth Annual racy. Indeed, a democratic foundation Mr. MCCONNELL. Mr. President, the Session of the Parliamentary Assembly without that cornerstone of religious pending business now is the second-de- of the Organization for Security and freedom is a democracy that is built gree amendment of the Senator from Cooperation in Europe. At this con- upon sand. Oregon? ference, I had the opportunity to chair I hope that all Senators will join me The PRESIDING OFFICER. The in sending a strong signal to President a bilateral meeting with the Speaker of clerk will report the amendment. Yeltsin that American dollars will not the Russian Duma and we discussed The assistant legislative clerk read find their way to support any country this bill at length. as follows: that treats religious freedom in such a In that bilateral meeting were a manner. The Senator from Oregon [Mr. SMITH], for number of deputies from the Russian Mr. President, I ask for the yeas and himself and Mr. NICKLES, proposes an amend- Duma. I found that their concept of nays. ment numbered 889 to amendment No. 888. rights and freedoms were strikingly in The PRESIDING OFFICER. Is there a Mr. SMITH of Oregon. Mr. President, contrast to our concept of freedoms, as sufficient second? I ask unanimous consent that reading embodied in our Constitution and in At the moment there is not. of the amendment be dispensed with. our American tradition. Repeatedly, as Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. Without we discussed the proposed law that the just walked back in the Chamber. I am objection, it is so ordered. Russian Duma at that point had al- not quite sure—— The amendment is as follows: ready voted on—the upper body had S7520 CONGRESSIONAL RECORD — SENATE July 16, 1997 not yet at that point voted on it—it When similar legislation threatened space for services, own property, con- was clear that they viewed religious religious freedom in Russia only 4 duct financial activity, invite foreign- freedom, and in fact all rights, as being years ago, Members of the House, Mem- ers to Russia, or set up church schools. that which could be granted by the bers of this body, the Senate, joined to- To register as a ‘‘religious organiza- Government as opposed to our concept, gether in an urgent appeal to Boris tion,’’ a religious group would have to embodied in our Constitution and our Yeltsin to veto that legislation. Coura- (a) be sponsored by a Russian religious founding documents, that those rights geously, President Yeltsin stood firm. organization, (b) undergo a 15-year reg- and those freedoms are unalienable and He refused to sign that bill into law. istration period, and (c) have ‘‘authen- endowed by our Creator—given by God. Now we have an opportunity, thanks ticity’’ determined by a commission of Therefore, as viewing rights as being to the amendment of Senator SMITH of state experts, who would review a something given by the Government, Oregon, to send a strong message to faith’s doctrine for admissibility. This they saw no problem in removing the Russia that we will take concerted ac- state bureaucracy could deny registra- unlimited, unfettered right to freedom tion to preserve this essential human tion to faiths on a wide range of prac- of religion. right. This is potentially the greatest tices, such as advocating nonmedical I was alarmed at the attitude and the retreat on religious freedom and forms of healing, monasticism, con- intransigence that we found, not only human rights since the fall of the So- scientious objection, and proselytizing from the Speaker of the Duma but the viet Union, and it is an ominous sign to minors. Mr. President, the Duma bill on re- deputies who were present, and their about the future of that Republic. We stricting religious rights is contrary to concept. They said, and I paraphrase must forcefully signal our grave con- international conventions signed by but very close to what was said in this cern by passing the Smith amendment. bilateral meeting, that we must pro- Russia, including the Helsinki Treaty I hope my colleagues in the U.S. Sen- tect naive Russians from cults—cults of 1989, which states: ate will join with Senator SMITH of Or- being a broad definition to include all [Participating states] will take effective egon in sending that signal to the Gov- of the so-called new faiths. Of course, measures to prevent and eliminate discrimi- ernment of Russia, and add encourage- Russia today is experiencing a tremen- nation against individuals of communities dous renewal of religious faith. In, I ment and solidarity with the people of on grounds of religion or belief in the rec- the Russian Republic. ognitions, exercise and enjoyment of human think, a misguided effort to protect the rights and fundamental freedoms in all fields Orthodox Russian Church, this law has I yield the floor. Mr. HATCH. Mr. President, I wish to of civil, political, economic, social and cul- been proposed. I said very frankly and rise and join my colleagues in support- tural life; and very bluntly—and may I say Congress- [participating states] will grant upon their ing the Smith amendment to the fiscal man CLEMENT from Tennessee, Con- request to communities of believers, practic- year 1998 foreign operations bill that gressman DINGELL from Michigan, and ing or prepared to practice their faith within a number of other Members of the U.S. would cut assistance to the Govern- the constitutional framework of the States, Congress were present during this bi- ment of the Russian Federation if it recognition of the status provided for them in their respective countries. lateral meeting and echoed my senti- enacts the onerous bill passed by the ments—that this law proposed, passed Duma last month entitled ‘‘On Free- But if the Russian Government wish- by the Duma, now pending before dom of Conscience and Religious Asso- es to ignore its treaty obligations— President Yeltsin, is antithetical to ciation.’’ which, from our record of arms control and irreconcilable with a true concept Mr. President, this bill passed by the agreements, we must recognize is not a of liberty and religious freedom. Duma is about restricting freedom of unique development—it is still shock- Among the provisions in this bill conscience and prohibiting the freedom ing that the Duma egregiously ignores that are most alarming is the require- of conscience. It is a major step back- the Russian Constitution, which states: ment that religious groups list all of ward for democracy and human rights The state guarantees the equality of rights their numbers, their names, their ad- in Russia. It takes Russia away from and freedoms regardless of sex, race, nation- ality, language, origin, property and official dresses, a requirement that a commis- the West and the institutions that pro- tect an individual’s freedom of reli- position, place of residence, attitude to reli- sion be established—a commission of gion, convictions, membership in public as- state experts—to review the doctrines gion. sociations, as well as other circumstances. and practices of groups applying for The bill passed by the Duma—pro- Banned are all forms of limitations of human registration. It is unimaginable in this moted by an unholy alliance of Com- rights on social, racial, national, language or country, in which we have so enshrined munists and Populists whose respon- religious grounds. (Art. 19) the concept of religious freedom. There sibility to the country appears to focus It is indeed of great concern to me, is a requirement under this bill that a on restricting its citizens’ ability to Mr. President, that the Duma sees fit religious group be in existence for 50 practice any faith they choose. to legislate restrictions on individual years in order to receive ‘‘all Russian’’ The measures in the bill are deeply rights at a time when Russian society status, creating a division between re- objectionable. A few points are worth is greatly suffering. Michael Specter of ligious associations and groups which mentioning: the New York Times recently wrote could create a multitier religious hier- Religious groups must register with about the alarming downward spiral in archy of different denominations. And the government by 1998. In a blatant the health of the Russian population. then in this bill is a requirement that act of discrimination, the bill assigns In that article, Specter notes that per would deny for a 15-year period legal different religions to different cat- capita alcohol consumption is the high- status to new religious groups, which egories that will afford them different est in the world; that Russia has a could include those groups that refused sets of rights. wider gap in life expectancy between to register under the Communist re- For a religion to be deemed a reli- men and women than in any other gime. Without legal status, these reli- gious organization, it will have to dem- country; that of the nations of Asia, gious groups could not rent public onstrate that they have officially ex- America, and Europe, Russia’s mortal- space for services, they would find it isted in Russia for at least 15 years. ity rate is ahead of only Afghanistan difficult to conduct any financial ac- This means that the religion would and Cambodia; and that the death rate tivity, invite foreigners to Russia, or have had to register under Communist among working Russians today is high- set up a church school for children. dictator Leonid Brezhnev, at a time er than a century ago. And the indica- There is no justifiable reason to di- when the Soviet Union was officially tors are getting worse: the mortality vide religious organizations into two atheistic and officially repressive to rate for Russian men between 40 and 49 categories, one with full rights and the pursuit of faith. years of age increased by over 50 per- privileges and the others with limited Religious groups not deemed in the cent between 1990 and 1995. The re- rights, limited privileges. This new official, first category of ‘‘religious or- porter concluded: ‘‘An astonishing drop Russian law discriminates against reli- ganizations’’ would have greatly re- in life expectancy for Russian men over gious faiths by establishing a hierarchy stricted rights. They would have no the past decade, combined with one of of religious groups under the law and legal status. Members would have to be the lowest birthrates on earth, has denying legal status to communities of individually and officially registered. turned Russia into a demographic believers. They groups could not rent public freak show.’’ July 16, 1997 CONGRESSIONAL RECORD — SENATE S7521 Mr. President, we can expect yelping exercise in demagogic politics, the re- this one which we are considering from the supporters of this bill in the alists, who fear a future authoritarian today, we can actually trigger the en- Duma. Delighted to frustrate President Russia and seek to prepare for it, will actment of outrageous laws in other Yeltsin’s every move, they will claim have their views confirmed. nations which could seriously damage that international opprobrium against Mr. President, I have long supported the existing freedoms that citizens in this bill is infringing on Russia’s sov- Boris Yeltsin. In fact, when he first other nations have. ereignty. This is not a question of Rus- came to the United States in the late We should realize that many other sia’s sovereignty, Mr. President. The 1980’s, I was among the few who said, to nations—including Israel, Egypt, Tur- calls and letters President Yeltsin has the Republican administration at the key, and other recipients of United received from political and religious time: ‘‘You’re focusing on the wrong States aid—would lose that aid if held leaders around the world declare our guy, Gorbachev. This is the man to to the same standard that we are pro- concerns about the freedom of individ- watch, and this is the man to back.’’ posing for Russia. Perhaps this is ual conscience in Russia, concerns Since then, I have strongly approved something that we should discuss here. their elected body should share, not pa- every time President Yeltsin stood But my sense is that we don’t want a tronize. bravely for democracy in Russia. When single measuring stick—and that U.S. assistance is not an entitlement. he stood on that tank in defense of today, we are focusing on Russia in a It is a demonstration of our support for Russia’s nascent democracy, my pray- rather knee-jerk fashion. Russia needs the emergence of democracy in a land ers were with him. to hear our concerns about religious cursed by communism for most of this I expect that President Yeltsin will freedoms, and I feel that we should pur- decade. If Russia turns back to the veto this bill. That will make this leg- sue this matter and communicate Unit- night of authoritarianism, we should islation that we will pass today merely ed States objections to this Russian not squander our resources, Mr. Presi- a demonstration that this body will law in the many different arenas avail- dent. stand for religious freedom in Russia. I able to us in our engagement with Rus- In the past 2 weeks, we have seen the will stand and applaud him when he ve- sia. However, this vehicle—as it is con- announcement of the historic enlarge- toes this bill. structed—is not appropriate and could ment of NATO. The Russian Govern- But if this bill becomes law in Rus- send matters in a negative rather than ment opposed this, somewhat disingen- sia, Mr. President. Our support for de- positive direction. uously, I believe, because its concerns mocracy in Russia has been dealt per- I think that the most important item left out of the drafting of this amend- where not reflecting the concerns of haps a fatal blow. We should not waste ment is a national security waiver, the Russian people, who are much more our funds promoting democratic devel- which would permit the President to concerned with poverty, disease, and opment on a government that turns waive the provisions of this bill in rampant crime and their Duma’s inces- away from democracy. And if President cases where American national secu- sant political posturing, than they are Yeltsin signs the the bill against reli- rity were at stake. If this provision had of an alliance that has no historic gious rights, Mr. President, I will pray been included, I may have viewed this record of aggression. for Russia. amendment more positively. Among those in the West, there were Mr. BINGAMAN. Mr. President, I rise Again, I believe firmly in the innate today to explain why I cannot support several groups of thinkers who sup- human right to worship as each indi- Senator SMITH’s amendment to the for- ported this move. Perhaps they could vidual sees fit. However, in my opinion, eign operations appropriations bill, S. be referred to as idealists and realists. not only is this particular foreign aid 955, which we are debating here today. The idealists hold a sense of optimism provision an inappropriate vehicle to I believe that Senator SMITH and oth- that believes that the enlargement of send that message abroad but it also ers in this Chamber who vote in favor NATO is an expansion of democratic ties the hands of the President in the of this amendment have good inten- societies, which, history has shown, execution of foreign policy and fails to tions, but this amendment is not struc- have a lesser tendency to go to war allow for waivers which may very well tured in a manner that I can support. with each other. Certainly the history be in the national security interests of This amendment would prohibit the of NATO is clearly that of a defensive the United States. collective organization committed United States from issuing foreign aid The PRESIDING OFFICER. Who solely to its own defense. to the Government of Russia should it seeks recognition? The Senator from The realists focused on an unpredict- enact laws which would discriminate Kentucky. able future and a geopolitical vacuum. against minority religious faiths in the Mr. MCCONNELL. Mr. President, I This temporal and spatial approach, Russian federation. On the surface, this commend the distinguished occupant traditional geopolitics, warns that we is a very well intentioned effort. of the Chair, the Senator from Oregon, do not know the ultimate evolution of I understand and completely support for an excellent amendment. I was in the Russian state. It argues that there the fundamental importance and right the Senate when we started the Rus- is little historical experience of democ- of religious freedom, a constitutionally sian aid program. I would say to Sen- racy in Russia. protected right in our Nation, as I also ator SMITH and Senator HUTCHINSON, The idealists focus on the internal appreciate the importance of other who spoke so eloquently in behalf of aspects of NATO and the expansion of freedoms that we hold dear in the Unit- this amendment, the whole Russian aid democracies. To idealists, the solution ed States such as the freedom of speech program was predicated on the notion to Russia’s concerns about NATO and freedom to assemble. that we were going to have a Russia would occur when Russia is seen to However, Russia and many other na- based on the principles of democracy, have fully demonstrated its evolution tions have not organized their nations free speech and freedom of religion— to rule by democratic institutions. Be- to provide the same degree of freedoms the fundamental underpinnings of our cause would NATO need to defend that our Nation provides. This is not Western society, led by the United against such a Russia? an excuse for other countries; it is just States many years ago when we were I would like to think of myself as an simple fact. To tie our Nation’s foreign largely alone in establishing these idealist, Mr. President. And I support aid decisions too closely to legislative principles; that the new Russia, at the enlargement of NATO because I outcomes in other countries—even ab- least in those very basic respects, was welcome Hungary, the Czech Republic, solutely egregious ones like the Rus- going to be not dissimilar to the Unit- and Poland to the family of democratic sian law which recently passed the ed States on these fundamental free- nations. Their membership in NATO Duma restricting recognized faiths to doms. And, as an enthusiastic sup- will work to preserve their democratic those recognized by the former Soviet porter of Russian assistance, both in accomplishments. Union before 1984, including Orthodox the beginning and since, I can tell you But the developments in Russia—in Christianity, Islam, Buddhism, and Ju- that is not assistance without stipula- particular this bill against religious daism—can have serious unintended tion. It is not assistance no matter how freedom by the Duma—cloud my opti- consequences and disrupt national se- you act. mism. If Russia turns away from de- curity objectives of our Nation. As I said in my opening statement, mocracy in favor of an ill-considered Through legislative actions such as this foreign aid bill this year, if it S7522 CONGRESSIONAL RECORD — SENATE July 16, 1997 stands for anything, it stands for the The amendment is as follows: Having traveled to Estonia twice in notion that foreign assistance is not an At the appropriate place, insert the follow- the past 5 years, I have a very personal entitlement. It is not something you ing: interest in its entry into NATO. The get automatically this year because SEC. . SENSE OF THE SENATE REGARDING ES- people of Estonia, much like their Bal- you got it last year. Foreign assistance TONIA, LATVIA, AND LITHUANIA. tic neighbors, have been under foreign It is the sense of the Senate that Estonia, is designed to promote American inter- Latvia, and Lithuania— rule throughout history. They were ests abroad. Foreign assistance is the (1) are to be commended for their progress ruled by Germans in the 13th century, only way that the Government directly toward political and economic reform and Swedes in the 16th and 17th centuries, impacts overseas, other than sending meeting the guidelines for prospective NATO Tsarist Russia in the 19th century, and in the troops, which is expensive and members; the Soviet Union after World War II. dangerous. But, with the less than 1 (2) would make an outstanding contribu- tion to furthering the goals of NATO and en- With the end of Soviet domination, Es- percent of our budget that we devote to hancing stability, freedom, and peace in Eu- tonians and their neighbors in Latvia this activity, we must use it in a way rope should they become NATO members; and Lithuania are looking to the West that promotes American values as well and for confirmation of their right to inde- as American interests. (3) upon complete satisfaction of all rel- pendence. So, the distinguished Senator from evant criteria should be invited to become Unfortunately, the subject of NATO Oregon and Senator HUTCHINSON, who full NATO members at the earliest possible date. has spoken in his behalf in support of expansion to Estonia, Latvia, and Lith- this amendment, have it exactly right. Mr. GORTON. Mr. President, last uania has become highly controversial. You have it exactly right. This is the week the United States joined with our Many in the United States national se- sort of action that ought to jeopardize European allies to invite three nations curity community believe the Baltics, the Russian aid program. We ought not to join the North Atlantic Treaty Or- lying so close to Russia and within the ganization [NATO]. Hungary, Poland, to be giving assistance to a country area Yeltsin considers to be Russia’s and the Czech Republic are deserving of that, as a result of direct government sphere of influence, should not be con- this invitation. I congratulate them on initiative in what purports to be a de- sidered for NATO membership. Out of their achievements and look forward to mocracy, is seeking to grant religious fear of isolating Russia, the United a strong and lasting relationship with favoritism to certain kinds of religions States and our European allies may the people of these nations. forsake the three tiny nations that did at the expense of the others. Today I offer an amendment with my So, I commend the Senator from Or- so much to promote the collapse of the colleague, Senator DURBIN, and the dis- Soviet Union and the eradication of egon, Senator SMITH, for this outstand- tinguished chairman of the subcommit- ing amendment. I intend to support it. communism throughout Eastern Eu- tee, Senator MCCONNELL, to ensure rope. Now is the time for the United Again, I might say, we are hopeful that that NATO expansion does not stop States take decisive action to rectify a vote on this amendment will occur here. The Madrid summit was only the the past and protect the Baltics from around 12:30. That is not something I first step in our efforts to see to it that any future foreign irredentism. can announce yet, but we are hopeful it the nations of Eastern Europe and the will occur around 12:30. former Soviet Union are brought firm- Future NATO membership for Esto- I would say to my colleague from Or- ly into democracy’s camp. Further ex- nia, Latvia, and Lithuania is essential egon, does he wish additional time to pansion of NATO is essential if demo- to their safety and prosperity. Security discuss the amendment? cratic and economic reforms are to concerns will take precedence over Mr. President, I suggest the absence continue and if communism is to be continued democratic and economic re- of a quorum. The PRESIDING OFFICER. The eliminated entirely from the European forms if the Baltics continue to exist, Continent. clerk will call the roll. unprotected, in the shadow of an in- My amendment expresses the sense of The assistant legislative clerk pro- creasingly nationalistic Russia. the Senate that Estonia, Latvia, and ceeded to call the roll. We must be vigilant, Mr. President, Lithuania should be invited to join Mr. GORTON. Mr. President, I ask in our efforts to extend NATO’s reach NATO at the earliest possible date. unanimous consent that the order for to all democratic nations in Europe the quorum call be rescinded. These three tiny nations, perched be- tween the Baltic Sea and the north- who cannot protect themselves. If we The PRESIDING OFFICER (Mr. ROB- leave these nations exposed to the risk ERTS). Without objection, it is so or- western border of Russia, have made remarkable strides since they gained of foreign invasion and influence, the dered. gains we made in expanding democracy Mr. GORTON. Mr. President, what is independence from the Soviet Union in 1991. Estonia, Latvia, and Lithuania and freedom across the globe will be the status of the bill? vulnerable to erosion. The PRESIDING OFFICER. There have all made significant progress to- are several amendments pending to S. ward the NATO requirements of irre- The United States must continue to 955. versible democracy, free market econo- set an example for the world as a pro- AMENDMENT NO. 893 mies, and civilian-controlled mili- moter and protector of democratic (Purpose: To express the sense of the Senate taries. They have even participated in freedom. As victors in the cold war, we regarding the eligibility for NATO mem- NATO’s Partnership for Peace initia- have never had a greater opportunity bership of Estonia, Latvia, and Lithuania) tive by supplying troops to NATO than this to show democracy’s enemies Mr. GORTON. Mr. President, I ask peacekeeping efforts. The Baltic na- that we have the courage and the will unanimous consent that the pending tions have requested and deserve con- to stand firm against them. We should amendment be set aside, and I send an sideration for full NATO membership. embrace this historic opportunity and amendment to the desk and ask for its From a history wrought with foreign bring every nation deserving of NATO consideration. interventions that tore them from membership into democracy’s fold, The PRESIDING OFFICER. Without their rightful place in the European even those nations closest to the heart objection, it is so ordered. The clerk mainstream and subjected them to the of Russia. will report. heavy hand of communism, the Baltics The assistant legislative clerk read have emerged from the economic and The people of Estonia, Latvia, and as follows: political darkness to embrace democ- Lithuania have been out in the cold long enough. They should be com- The Senator from Washington [Mr. GOR- racy and the free market with unsur- TON], for himself, Mr. DURBIN, and Mr. passed vigor. If these nations are ever mended for the great strides they have MCCONNELL, proposes an amendment num- to continue on the road to democracy made already toward the requirements bered 893. and economic reform, they must feel for NATO membership and would make Mr. GORTON. Mr. President, I ask secure from the possibility of future an outstanding contribution to stabil- unanimous consent that the reading of foreign domination. The United States ity, freedom, and peace in Europe as the amendment be dispensed with. and NATO have an important role to NATO members. It is time the West The PRESIDING OFFICER. Without play in providing that necessary secu- welcome them into NATO with open objection, it is so ordered. rity. arms. July 16, 1997 CONGRESSIONAL RECORD — SENATE S7523

I thank Senator MCCONNELL and Sen- by stating to them that when they are PRIVILEGE OF THE FLOOR ator DURBIN for cosponsoring this im- fully qualified, they will become mem- Mr. MCCONNELL. Mr. President, I portant amendment, and I urge my col- bers of NATO. On behalf of my cospon- ask unanimous consent to permit Les- leagues to vote ‘‘yes’’ on inclusion of sors and myself, I urge the adoption of ley Carson, a fellow working with the the Baltics in NATO. the amendment. minority side of the Foreign Oper- Mr. President, to reiterate, this Mr. McCONNELL addressed the ations Subcommittee, to have floor amendment was proposed by myself Chair. privileges during the pendency of this and by the distinguished Senator from The PRESIDING OFFICER. The Sen- bill. Illinois, [Mr. DURBIN], as an add-on a ator from Kentucky is recognized. The PRESIDING OFFICER. Without week or so ago to the defense author- Mr. McCONNELL. Mr. President, I objection, it is so ordered. ization bill and was accepted by the commend my friend and colleague from AMENDMENT NO. 885 Senate unanimously at that point. Washington, Senator GORTON, for this Mr. MCCONNELL. Mr. President, one The Senator from Illinois and I, and amendment. As the Senator knows of the managers’ amendments we will I believe, with the happy assent of the from previous discussions, I share his be voting on—actually approving on a manager of the bill, Senator MCCON- view that if we were establishing the voice vote at some point during the de- NELL, are presenting it, once again, in parade, the next countries at the front bate—relates to our friends in Egypt. I the glorious aftermath of last week’s of the parade clearly ought to be the want to make a few observations about meeting of the North Atlantic Treaty Baltic countries. As a matter of fact, the current relationship between the Organization in Madrid. as my friend from Washington knows, United States and Egypt. At that meeting, the Czech Republic, we included in the bill $20 million in Since the Camp David accords were Poland, and Hungary were admitted to grants and loans to the three Baltic signed in 1979, United States foreign as- NATO. Several other nations who are countries, just as we provided financial sistance to Egypt has topped $42 bil- applicants to NATO were not admitted assistance last year to Poland, Hun- lion. While some progress has been but were put at least on the road to- gary and the Czech Republic in order to made in the last 16 years, I think it is ward meeting the qualifications for en- help them upgrade their militaries in important to point out the obvious, trance into the North Atlantic Treaty order to seek to achieve a level of ac- which is Egypt’s role has changed and Organization. Slovenia and Romania ceptance for admission to NATO. changed significantly. were put more or less at the front of So I think the amendment of the Let me review the record so there is that parade. But in Madrid, there were Senator from Washington, of which I a better sense of why the bill reported also represented the three small Baltic am a cosponsor, is an excellent addi- from the committee did not include the nations of Estonia, Latvia and Lithua- tion to this debate, and I completely longstanding earmark for Egypt. First and foremost, Senator LEAHY nia, small nations that have been inde- share his views. The countries are most and I tried this year to get our aid pro- pendent for only a relatively short pe- worthy for admission to NATO. We gram off autopilot. Our domestic agen- riod during their long history. have recognized their independence cies and programs have been put Unlike the other applicants for the throughout the cold war. They are through the budget ringer to determine North Atlantic Treaty Organization, doing an awful lot of things correctly. where we could reduce spending. For- these three nations were, in fact, occu- These countries are making enormous eign aid obviously should not be ex- pied by and incorporated into the So- progress, and some have argued that empted from this critical appraisal. As viet Union from 1940, with a pause for they have done every bit as well as we conducted this review, we estab- German occupation, until just a very Hungary, Poland and the Czech Repub- lished very simple tests for evaluating few years ago when they, once again, lic, if not even better. performance. Does the program serve obtained their independence. None of So I commend my friend from Wash- U.S. interests in stability, democracy, those countries has any goal greater ington for his amendment. I think it is and market economies? Are U.S. re- than being recognized as a part of the an excellent amendment. sources well invested and well spent? West, as being free countries, both po- Mr. GORTON. I thank the Senator The basic principle which has guided litically and economically. No set of from Kentucky for his kind remarks. the provision of support in the Middle nations has been more oppressed by The PRESIDING OFFICER. Is there East has been a shared commitment to their neighbors than these three na- further debate on the amendment? the Camp David accords and the pro- tions. None, I think, has a greater dedi- Mr. MCCONNELL. Mr. President, motion of peace. Unfortunately, cation to freedom, to liberty, to de- does the Senator from Washington Egypt’s record over the last 2 years in- mocracy, and to free markets. hope to get a recorded vote on this? dicates a shift away from that commit- This amendment simply states that Mr. GORTON. No, a voice vote will be we hope that these countries will be ment. sufficient. Let me begin by referring to a letter carefully considered for the North At- The PRESIDING OFFICER. If there sent by 25 Senators to President Muba- lantic Treaty Organization at such is no further discussion or debate on rak last July following an Arab sum- time as they have met all of its quali- the amendment, the question is on mit convened in Cairo. fications. The North Atlantic Treaty agreeing to the amendment proposed I ask unanimous consent that the Organization, of course, was formed by the Senator from Washington. letter and the communique issued at originally simply for the defense of the The amendment (No. 893) was agreed the summit be printed in the RECORD West, a task which was overwhelm- to. following my remarks. ingly successful. But as we note the re- Mr. GORTON. Mr. President, I move The PRESIDING OFFICER. Without sponse in the three countries about to to reconsider the vote by which the objection, it is so ordered. be admitted, we find that the goals are amendment was agreed to. (See exhibit 1.) psychic every bit as much as they re- Mr. MCCONNELL. I move to lay that Mr. McCONNELL. Mr. President, let late to any kind of military defense. It motion on the table. me just quote from the letter. The Sen- ratifies the choices that these three The motion to lay on the table was ators said in that letter: new applicants made to be democ- agreed to. We are concerned that the communique is- racies, to be a part of the West, to care Mr. MCCONNELL. Mr. President, I sued at the end of the summit compromises to attempt to catch up, to join what we suggest the absence of a quorum. prospects to advance negotiations with the consider to be the free and democratic The PRESIDING OFFICER. The new, democratically elected government of world. clerk will call the roll. Israel. We believe that limiting or condi- Exactly those same feelings are The legislative clerk proceeded to tioning options for peace discussions with found in the other applicant countries, call the roll. the newly elected government of Israel be- fore its policies have been officially formu- Mr. MCCONNELL. Mr. President, I exactly those feelings are found in the lated damages prospects for peace. Threats Baltics. ask unanimous consent that the order from countries of the Arab League to ‘‘recon- This amendment is a modest way to for the quorum call be rescinded. sider steps taken in the context of the peace encourage those three small nations to The PRESIDING OFFICER. Without process, in relation to Israel’’ do little to en- continue to move in the right direction objection, it is so ordered. hance successful negotiations. .. S7524 CONGRESSIONAL RECORD — SENATE July 16, 1997 The letter went on:. embargo in 1992 when Qadhafi failed to on track and willing to resume being a We are especially troubled that a leader of extradite two terrorists linked to the constructive partner in the Middle your stature created a forum, including Pan Am bombing which killed 270 peo- East peace process. Clearly, Mr. Presi- Libya and Sudan, which question Israel’s ple. The sanctions were extended when dent, that is the key to continued U.S. right to exist. Libya failed to cooperate in the inves- assistance to Egypt. Inviting Libya and Sudan to Cairo to tigation into the bombing of a French EXHIBIT 1 condemn Israel is not the kind of ini- airliner which killed 171 passengers. U.S. SENATE, tiative which serves peace or, for that Sanctions against Libya are not the Washington, DC, July 26, 1996. matter, should be rewarded with an- peculiar position of the United States; His Excellency, MOHAMMAD HOSNI MUBARAK, other $3 billion. they are a matter of international con- President of the Arab Republic of Egypt. The July Cairo summit was followed sensus—international consensus—that DEAR PRESIDENT MUBARAK: We are writing in late September 1996 by an escalation is, with the exception of Egypt. to express our deep dismay about the com- in tension between Israelis and Pal- In May, President Mubarak de- munique issued at the Cairo summit. It had been our hope that heads of state estinians over the so-called tunnel cri- nounced the embargo because, in his sis. When violence erupted in the and representatives of Arab countries at- words, it has ‘‘gone on for too long.’’ tending the June 21, 1996 Cairo summit streets, President Clinton called upon He also challenged international would refrain from statements directed Prime Minister Netanyahu, Chairman charges that Libya has a chemical against the new Israeli government that Arafat, King Hussein, and President weapons capability. Not so, says Muba- might create an atmosphere in the region Mubarak to come to Washington to ne- rak. unfavorable to a continuation of the peace gotiate a solution. Every leader came As recently as January, when I process. We are concerned that the communique is- except Mubarak. Every leader had as joined Senator STEVENS and a number sued at the end of the summit compromises much to gain and certainly a great deal of other Members on a trip to the Mid- to lose if the discussions failed. Every prospects to advance negotiations with the dle East, we heard the Defense Minister new, democratically elected government of leader knew there were costs associ- describe Libya as a country undergoing Israel. We believe that limiting or condi- ated with a high-profile summit which economic reforms and political liberal- tioning options for peace discussions with might not relieve tensions. ization and a key security ally. This the newly elected government of Israel be- Only President Mubarak decided it was the Egyptian Defense Minister dis- fore its policies have ever been officially for- was not worth his time or effort to con- cussing Libya. mulated damages the prospects for peace. tinue a crucial dialogue with the sim- This Egypt-Libya relationship is Threats from countries of the Arab League ple objective of salvaging the peace probably why families of Pan Am 103 to ‘‘reconsider steps taken in the context of the peace process, in relation to Israel’’ do process. After refusing to participate in victims have called my office to ex- this summit, President Mubarak de- little to enhance successful negotiations, and press their support for removing instead may undermine efforts to reach a cided to convene another Arab round- Egypt’s $3 billion earmark. comprehensive peace in the region. table. In March of this year, he called Mr. President, I have chronicled the We are especially troubled that a leader of together the Arab League in Cairo collapse of Egypt’s role in the peace your stature created a forum for Arab where the foreign ministers passed a process not to incite but to invite League countries, including Libya and the resolution which is worth taking a change. We have had a successful part- Sudan, which question Israel’s right to exist. look at. The text read: nership with Egypt which has certainly In light of the past leadership role the Egyp- tian government has played, we had hoped The Council recommends as follows: (1) endured difficulties and setbacks, but stopping all normalization steps which have that Egypt would reach out to the new, they have been on the whole temporary democratically elected government in a way been taken with Israel in the framework of and intermittent. the current peace process, and halting all that would advance the peace process. dealings with it, including closing offices For 18 months we have seen a signifi- Peace in the Middle East Peace can only be and missions. . .and (2) Suspending Arab cant shift in the wrong direction in expanded if the Arab countries remain en- participation in the multilateral talks and Egyptian policies. We have moved from gaged with Israel in the pursuit. We urge the continuing to maintain the primary Arab a road of periodic bumps into a long, government of Egypt and other members of boycott and reactivating it against Israel. deep policy ditch, which we must find the Arab League to work toward that goal. Sincerely, Mr. President, this is not a resolu- our way out of. Mitch McConnell, Barbara A. Mikulski, tion of peace. We should see this just Eliminating the earmark was in- James Inhofe, Carol Moseley-Braun, for what it was as described by the tended to send the signal that our sup- Frank R. Lautenberg, Alfonse M. Arab League’s Secretary General, port will not continue no matter what D’Amato, Daniel K. Inouye, Bob Smith, ‘‘binding’’ and an open declaration of choices Egypt makes. We will not sus- Don Nickles, Joseph I. Lieberman, Paul hostility. tain an ally, and advocate of Libya. It Wellstone, John D. Rockefeller, This summit was followed by a crisis makes no sense to offer assistance to Charles E. Grassley, Tom Harkin, in negotiations over the redeployment opponents of the peace process. Connie Mack, Dirk Kempthorne, Larry I am convinced the message has been Pressler, Phil Gramm, Orrin G. Hatch, of Israeli troops in Hebron. There is no Rod Grams, Christopher S. Bond, Arlen question that the Egyptian leadership heard. Coincidental with the Senate ac- Specter, Jon Kyl, Thad Cochran, Olym- consistently and actively worked tion, we have seen senior Egyptian offi- pia J. Snowe. against a resolution of each conten- cials resume constructive and active tious issue. From hot pursuit to the efforts to advance the peace process. I PARTIAL TEXT OF FINAL ARAB SUMMIT use of the Shuhada Road, the message am satisfied, as I am sure the Israeli STATEMENT from Cairo was provocative and coun- leadership is, that Cairo has resumed CAIRO, June 23.—Following is a partial text terproductive. the crucial role we know it has, and of the final statement issued by the Arab Finally, and of most alarm, is can play to stabilize the region and se- summit which ended in Cairo on Sunday. Egypt’s relationship with Libya. I men- cure a durable peace. In response to the kind invitation of his tioned the invitation to the Cairo sum- Because I believe good faith is being excellency President Mohamed Hosni Muba- restored, and the goals of the Camp rak, President of the Arab Republic of mit. That is just the tip of the iceberg. Egypt, their majesties, excellencies, high- President Mubarak ended a recent visit David agreement are once again being nesses, presidents and emirs of Arab states to Tripoli announcing the goal of es- served, I will be supporting an amend- convened a summit conference in Cairo in tablishing $1 billion in annual trade ment, which in fact I have already of- the period Safar 5 to 7, 1417, which coincided and a free trade zone, a goal made all fered, which will earmark the re- with June 21 to 23, 1996. the more interesting when contrasted quested level of funds for Egypt. With pan-Arab responsibility as their with the current level of $82 million in But let me just repeat, Mr. President, starting point, the Arab leaders affirmed annual trade with Israel. $1 billion in our assistance to the countries abroad that achieving comprehensive and just peace is not an entitlement. This is not in the Middle East requires that Israel with- trade with Libya, $82 million in trade drew from all occupied Palestinian land, in- with Israel. something you get every year based cluding Arab Jerusalem, and enable the Pal- Let us remember that Libya is the upon having gotten it last year. Amer- estinian people to exercise their right to target of tough U.N. sanctions which ican assistance is geared to behavior. It self-determination and set up an independent imposed an air, arms, and diplomatic is my hope that the Egyptians are back Palestinian state with Arab Jerusalem as its July 16, 1997 CONGRESSIONAL RECORD — SENATE S7525

capital, considering that the Palestinian ing any acts of sabotage which target the MCCONNELL’s position. We were to- question is the essence of the Arab-Israeli state of Bahrain, in the interests of security gether in Cairo at the meetings that he conflict. The Arab leaders also demanded and stability in the region. mentioned. But after consulting with complete Israeli withdrawal from the Syrian * * * * * the subcommittee chairman, Mr. Golan to the line of June 4, 1967, and com- The Arab leaders expressed their hope that plete and unconditional Israeli withdrawal MCCONNELL, we decided the best way to the traditional Arab-Turkish relations and proceed was to come to the floor and from south Lebanon and the western Bekaa joint interests will continue, and in this con- to the internationally recognized borders, in have a discussion. text they expressed their concern at the Turk- I want to now call up the amendment implementation of Security Council resolu- ish-Israeli military agreement and call on Tur- tions 242, 338 and 425, and the principle of key to reconsider this agreement to avoid any- No. 885 that is before the Senate, at the land for peace. On this basis they call for the thing that would affect the security of Arab desk, as I understand it. I ask unani- resumption of negotiations on all the tracks. states. mous consent it be in order to consider ‘‘The commitment of the Arab states to that at this time. pursue the peace process to achieve just and * * * * * The Arab leaders reaffirm their commit- The PRESIDING OFFICER. The Sen- comprehensive peace is a goal and strategic ator has the right to call up amend- choice to the achieved under the umbrella of ment to the need to preserve the unity of international legitimacy and it requires a re- Iraq and their opposition to any policies or ment No. 885 for consideration. That is ciprocal commitment, confirmed by Israel measures which affect its territorial integ- now the pending question. seriously and without ambiguity, and action rity and threaten its borders and national Mr. STEVENS. I want to thank those to complete the course of peace, restoring unity. They demand that the Iraqi govern- who have cosponsored this amendment, rights and occupied land and guaranteeing ment commit itself not to adopt any aggres- in particular Senator MCCONNELL. It is balanced and equal security for all the states sive policies designed to provoke its Arab a managers’ amendment and will re- in the region, in accordance with the prin- neighbors and to finish implementing all the store the balance in the allocation of ciples agreed at the Madrid conference, espe- relevant Security Council resolutions * * * funds for our partners in the Middle cially the principle of land for peace and the All this is the right way to bring an end to the sanctions imposed on Iraq and create the East process. assurances submitted to the parties. The Egypt has had problems. We all know Arab leaders assert that any violation on Is- right atmosphere for it to regain its role in rael’s part of these principles and the fun- the Arab regional system. that. And yet it stands out as one of our Nation’s most important global al- damentals on which the peace process start- * * * * * ed, or backtracking on commitments, under- The Arab leaders believe that the Arab lies. It really is the bedrock of our en- takings and agreements which have been League’s proposal to hold an impartial and gagement with the Arab world. Simply reached in the framework of this process, or just trial of the two (Lockberbie) suspects by put, Mr. President, there would have procrastination in implementing them would Scottish judges under Scottish law in The been no Middle East peace process lead to a setback in the peace process, with Hague, with the necessary guarantees for without commitment of Egypt and the all the dangers and repercussions that this them * * * represents an appropriate prac- personal leadership that was displayed implies, taking the region back to the cycle tical solution leading to an end to the crisis. by President Sadat, and then by Presi- of tension, which would force all the Arab They call on the three Western states to states to reconsider the steps that have been dent Mubarak. take a positive attitude towards this pro- I say this not just as an advocate of taken towards Israel in the framework of the posal * * * peace process, full responsibility for which the peace process but as a Senator who Israel alone would bear. * * * * * has traveled many times to the Middle At the same time as the Arab leaders con- * * * * * East. I have witnessed Egypt’s evolving demn attempts to pin the charge of terror- role. During the gulf war, Senator In order to make the peace process succeed ism on legitimate national resistance, they on the Syrian, Lebanese and Palestinian condemn all forms of acts of terrorism, sabo- INOUYE and I made two trips to that re- tracks, the Arab leaders call on the sponsors tage and anarchy of which a number of gion, one at the request of the Presi- of the peace process, the European Union, states are victim. dent of the United States, to assess Japan, the non-aligned states, other inter- what was happening with regard to our * * * * * ested states, the United Nations and inter- military plans, and to meet with our national organisations and institutions to It was agreed that: His Excellency President Mohamed Hosni key allies. We found, then, in President work to ensure that Israel does not violate Mubarak, a friend and a leader who the fundamentals of the peace process, ful- Mubarak, President of the Arab Republic of fills the undertakings to which it has given Egypt, as chairman of the present summit, will aligned his great nation with the alli- a commitment, whether related to the agree- carry out the necessary contacts and consulta- ance, and when he did, he brought the ments on the transitional stage or to the tions with the Arab leaders and the Secretary rest of the Arab world along. In the final status negotiations * * * and to con- General of the League of Arab States to follow years since the gulf war, Egypt has re- tinue to provide the necessary political and up and agree on holding the next summit. mained at the center of our Nation’s ef- economic support to the Palestinian people Mr. McCONNELL. Mr. President, I forts to maintain calm in the gulf area and their National Authority. In this con- ask unanimous consent that Senator and to advance the peace process. text the Arab leaders said the Israeli block- ABRAHAM be added as a cosponsor to As Senator MCCONNELL said, earlier ade imposed on the Palestinian people must the Egypt amendment which I was just this year, we had a delegation that be ended. discussing, which is No. 885. went to Israel, Jordan, Gaza, Egypt, * * * * * The PRESIDING OFFICER. Without Kuwait and Saudi Arabia. Mr. Presi- The Arab leaders affirm their support for objection, it is so ordered. dent, at each stop I became more aware Lebanon as it faces constant Israeli attacks Who seeks time? on its territory, peace and sovereignty and of and convinced of trying to do every- Mr. STEVENS addressed the Chair. thing we can to assure the continu- asked the international community to en- The PRESIDING OFFICER. The Sen- sure an immediate and unconditional ces- ation of our 20-year partnership with sation of these attacks. ator from Alaska is recognized. Egypt in the peace process. Mr. STEVENS. Mr. President, let me Now, the things that Senator MCCON- * * * * * begin today by thanking the managers The Arab leaders affirm that Israel must NELL mentioned did happen. But late join the Nuclear non-proliferation Treaty of this bill, Senator MITCH MCCONNELL this spring President Mubarak came to and submit all its nuclear installations to and Senator LEAHY, for their leader- Washington and met with our Presi- the system of international inspection. ship in bringing this bill to the floor so dent and congressional leaders. In * * * * * quickly. They have had a very tough those talks he again showed his per- The Arab leaders express their solidarity job managing the foreign assistance sonal enthusiasm and dedication to the with the sisterly state of Bahrain and their programs that are undertaken by our peace process. It was very evident, as complete support for the measures it has country. In this bill what they have was his determination to keep Egypt taken to strengthen security and stability. produced merits the support of every engaged in that process. They expressed their strong condemnation of Member of the Senate. Based upon the continuum of the interference in the internal affairs of the Mr. President, at the committee track record of Egypt’s support for the state of Bahrain, affirmed that they stand meeting, several Members, including peace process, and my personal experi- with it against any threatening attempts from any party whatsoever and call on Iran myself and Senator BYRD, were not ence working with Egypt on so many to respect the sovereignty of the state of comfortable with the deletion of the vital national security interests, and Bahrain, in the framework of mutual respect earmark for assistance to Egypt. We we do have others, Mr. President, be- and good neighbourly relations, by prevent- certainly do understand Senator yond the peace process itself, I believe S7526 CONGRESSIONAL RECORD — SENATE July 16, 1997 it is imperative that we show the eq- continuum that has taken place, the property, the right to employ religious uity in the identification of funds for friendship and cooperation and the im- workers, the right to produce religious foreign assistance once again this year. portant contributions that Egypt has literature, maintain a bank account, or Maintaining a strong and economically made to the attainment of our goals in conduct charitable and educational ac- developing Egypt is an essential piece the Middle East, I have offered this tivities. According to an article that of this Nation’s total Middle East amendment with my friends. It is a appeared in the June 24 edition of the strategy. managers’ amendment. I do ask that Washington Post, it would sharply re- I believe President Clinton summa- the Senate consider this amendment strict the activities of foreign mission- rized the current state of relations of now. aries in Russia. Egypt very well during President The PRESIDING OFFICER. Is there I hope my colleagues are aware of Mubarak’s visit early this year. Presi- further debate on the amendment of- this. I was not aware of it until my col- dent Clinton said: fered by the Senator from Kentucky? league from Oregon mentioned it to Since the Camp David Accords in 1979, The question is on agreeing to the me. I cannot believe that the Duma Egypt has been a powerful force for peace in amendment. would pass something by such an over- the Middle East. That has continued to be The amendment (No. 885) was agreed whelming vote that would deny reli- true through the last 31⁄2 years—a time of ex- to. gious opportunities to the Russian peo- traordinary progress towards peace and re- Mr. MCCONNELL. I move to recon- ple. Maybe one of the most important peated challenges. Now, as Israel and the sider the vote. of all liberties is the right to worship Palestinians embark on the difficult task of Mr. STEVENS. I move to lay it on permanent status negotiations, as we look to as one would choose. It is guaranteed revive negotiations between Israel and Syria, the table. by the 1993 Russian Constitution. Yet and then bring Lebanon into the process to The motion to lay on the table was they would pass legislation basically complete the circle of peace, we know that agreed to. grandfathering four established reli- Egypt’s leadership will be vital to finish the Mr. STEVENS. Mr. President, let me gions, but outlawing other religions, job. again thank Senator MCCONNELL and such as the Mormon church, the That is President Clinton’s state- Senator LEAHY and their very capable Roman Catholic Church, and untold ment earlier this year about Egypt. staff for all the work they have done, other numbers of minority religions in After 20 years of commitment and in- and to once again urge the Senate co- Russia. vestment in this effort, this is just not operate with these managers of this The Reverend Gleb Yakunin, an or- the time to put at risk all that we have bill the way it has with those who thodox priest, said in a news report achieved. I welcome the support of the managed the defense bill and energy carried by the June 24 edition of the other cosponsors of this amendment and water bill. London Times, that the bill was ‘‘open- and I am sure there are other Members We are working and striving hard to ly discriminatory’’ and ‘‘The bill is ef- who share our concern that our ties to get the bills to conference before we go fectively aimed at reinstating Soviet Egypt remain strong and we continue to August recess. I would like all of religious policy.’’ to foster and support this alliance. them to go to conference, if possible, I believe the reverend’s statement is This is not to say that Egypt should before August. true. I believe putting restrictions on not listen to the words that Senator Mr. MCCONNELL. I just say to my the religions that have recently en- MCCONNELL has delivered here this friend and colleague before he leaves, tered Russia will have the same effect morning and to the statements he we are optimistic we can finish this bill of not allowing many people to prac- made in the committee. I believe we today. We are speeding in that direc- tice their religions. If religions are un- are all grateful to Senator MCCONNELL tion. able to carry out charitable activities, for his willingness to work with us in Mr. STEVENS. I am here to assist. how can members of various churches this matter. If there is to be any AMENDMENT NO. 889 practice their religion? change in our status with regard to Mr. NICKLES. Mr. President, I wish Christian missionaries who are fol- Egypt in this process, I believe it must to speak in favor of the amendment of lowing the admonition of Christ would be done on a bipartisan basis with the Senator SMITH of Oregon, which would not be allowed to do so in Russia. Many President involved. At this time I am try to protect religious liberty in Rus- remember when Billy Graham went to hopeful that will never have to happen sia. I want to compliment my col- Russia several years ago. He had an but, as a matter of fact, the modifica- league from Oregon for this amend- overwhelming reception. Would foreign tion of this bill before the Senate, I ment. In my opinion, it is probably one missionaries not be allowed? Would think, that shows our willingness to go of the most important amendments we people that gather be allowed to repro- back to the process that has been fol- will debate, certainly on this bill— duce materials? I think the reproduc- lowed in the past, I hope, will make a maybe this Congress. tion of materials would be banned significant contribution to the Middle Unfortunately, and I guess most of under the bill that was passed by the East peace process and will help us ad- my colleagues are aware of this fact, Duma. Hopefully, Mr. Yeltsin will not vance the interests of the United the Russian Duma overwhelmingly sign this bill. I think it is extremely States there and in other regions with voted to place restrictions on religious important he not sign this bill. Egypt’s support and collaboration. freedom in Russia, freedoms that were According to Lawrence Uzzell, Mos- I do, however, believe there are rea- both won after the collapse of com- cow representative of the Keston Insti- sons for us to make sure everyone un- munism and guaranteed by the 1993 tute, which studies religious life in derstands, as Senator MCCONNELL said, Russian Constitution. The overwhelm- Russia and Eastern Europe, of the 102 that the provisions of support from ing vote by the Duma is a tremendous Catholic priests and 112 nuns serving in this bill are not an entitlement. These step backward for Russia and for its Russia, all but a handful are foreigners. are funds that are dealt with on an an- people. In fact, Mr. Uzzell reports that a nual basis by our Government, the Sen- The legislation approved by the Catholic priest in Belgorod was re- ate and the House, the full Congress, as Duma would place severe restrictions cently told he could not celebrate mass part of that process. It is my judgment on religions not recognized by the gov- there because his parish is a foreign re- that it has been a bipartisan process ernment in 1982, a time when the So- ligious organization. that has included both the executive viet Government was in power, a time I think this report confirms what I and congressional leaders and leader- characterized by religious persecution suspected, that this bill passed by the ship in the past and I think it should and official atheism. In 1982, as I under- Duma would not only put restrictions continue that way again this year. stand it, the only four religions recog- on these religions, but have the effect I do hope that our friends in Egypt— nized by the Russian Government were of denying the opportunity to many to and I don’t have to hope, Mr. Presi- the Russian Orthodox church, Judaism, practice their religion. dent, I know they have heard Senator Islam, and Buddhism. So I want to thank my colleague MCCONNELL’s statement, and I know As I understand this legislation, it from Oregon for his amendment. Again, they are aware that there have been would deny religions that entered Rus- it may be one of the most important questions raised, but based upon this sia after 1982 the right to rent or own amendments. July 16, 1997 CONGRESSIONAL RECORD — SENATE S7527 What is the effect? It says no money clear materials in Russia. We are not demilitarized zone between North and under this bill, the foreign operations touching that. That is covered by the South Korea, North Korean soldiers ex- bill, will go to Russia if President DOD bill. I encouraged the Senator changed heavy gunfire with South Ko- Yeltsin signs this bill into law or if it from Oregon to consider putting it on rean troops. This is accurately de- becomes law, or if he issues an execu- that bill because I wanted to get their scribed as the most serious clash on tive order that will ban religious free- attention early. President Yeltsin the Korean Peninsula since a North dom as guaranteed under the Russian hasn’t signed this bill—our friend, Korean submarine full of special forces Constitution. President Clinton’s friend, George went aground off South Korea’s coast I think it is a very appropriate Bush’s friend. He hasn’t signed the bill last September. amendment. Some people will argue yet. We want to get his attention be- According to news reports, 14 North this is too heavy of a hammer. I think fore it is too late. This is the proper Korean soldiers crossed the military we need to get their attention. What bill. So it doesn’t have anything to do demarcation line and traveled 70 me- they are doing by outlawing many reli- with Nunn-Lugar money, or national ters into the DMZ. South Korean bor- gions, basically most Christian reli- defense. It does have some money in der guards used a loudspeaker to order gions and organizations, banning those, there for economic assistance. the North Koreans back. When the outlawing those from Russia, I think, As I mentioned, the President’s re- North Koreans failed to respond, South would be a terrible, terrible thing to quest is about $190 million. We prob- Korean soldiers fired some 200 warning happen to the Russian people. They ably won’t fully fund it. But we don’t shots in the air. should not be forced into any religion. have to fund it at all if they are going The North Koreans responded by fir- We should certainly encourage reli- to pass a bill denying religious freedom ing their rifles at the South Korean gious choice and opportunity for all and opportunity for the Russian peo- soldiers, who then directed fire at the the Russian people. ple. North Koreans using rifles and ma- Some will say, what is the effect of So I compliment my colleague from chine guns. North Korean soldiers re- this amendment? This amendment says Oregon for an outstanding amendment. turned fire. And although reports are no economic assistance will be going to I hope we will have an overwhelming in dispute, it appears there was at least Russia if the President signs this bill vote, maybe 100 to 0, in spite of what one mortar round fired by the North or if he issues an executive order which the memo says. Let us have a 100 to 0 Koreans. will ban religious freedom in Russia. vote to show that we believe very The firefight lasted for over 1 hour How much economic assistance does strongly that religious freedom is very before the North Koreans stopped fir- Russia receive? I think last year it was important and we are willing to put it ing and withdrew. $90-some million, and the President re- on the line that we will fight to help Mr. President. Why do I come to the quested $195 million in this bill. It is protect religious freedom throughout floor and talk about an artillery ex- not earmarked, so we don’t have the the world and certainly in Russia. change thousands of miles away? There specific amount. Would this tie the So, Mr. President, I compliment my are several good reasons why Ameri- President’s hands? This would give real colleague from Oregon. I hope all my cans should pay attention to what is leverage to the administration to tell colleagues will support this amend- going on on the Korean Peninsula. Russia, this should not become law. ment. First, I don’t need to remind my col- We need to respect individual reli- I yield the floor. leagues that I am talking about the gious liberty in Russia and not allow— The PRESIDING OFFICER. Who DMZ where 37,000 American troops and certainly not encourage—religious seeks recognition? stand guard across from a 1.1 million liberty to be trampled. I believe we Mr. MURKOWSKI addressed the man North Korean army. should use what economic forces we Chair. Second, according to a GAO report have to ensure this doesn’t happen. We The PRESIDING OFFICER. The Sen- that I requested last year, the United don’t have to give this economic assist- ator from Alaska. States has sent over 115 million tax- ance to Russia. We haven’t done it for Mr. MURKOWSKI. I ask unanimous payer dollars in combined food aid and years. We just started a couple of years consent that the pending amendment to support the Korean Economic Devel- ago. Many of the programs that we are be set aside. opment Organization [KEDO], which is funding in the foreign ops bill are wor- The PRESIDING OFFICER. Without tasked with sending heavy fuel oil to thy programs, where we encourage de- objection, it is so ordered. North Korea and carrying out other ac- mocracy, encourage free enterprise. AMENDMENT NO. 894 tivities under the agreed framework That is very positive. But we don’t (Purpose: To provide conditions for funding signed in October 1994. have to do it. North Korea’s implementation of the nu- Just yesterday, the administration Maybe we should tell them if they clear framework agreement) announced that the United States will are going to pass this kind of bill, we Mr. MURKOWSKI. Mr. President, I donate an additional $27 million worth are not going to do it. If they are going send an amendment to the desk and of surplus grain to North Korea. to pass a bill in Russia to deny Bap- ask for its immediate consideration. And today, in the foreign operations tists the opportunity to distribute ma- The PRESIDING OFFICER. The appropriations bill, there is an addi- terials or to have employees in Russia, clerk will report. tional $44 million appropriated for then maybe we should not be giving The bill clerk read as follows: KEDO, subject to certain conditions them economic assistance. Maybe we that Senator MCCAIN and I added to The Senator from Alaska [Mr. MURKOWSKI] need to use a heavy hammer to get proposes an amendment numbered 894. last year’s appropriation bill. their attention that this is very seri- Now $200 million may be a small Mr. MURKOWSKI. Mr. President, I ous. price to pay to achieve peace on the ask unanimous consent that reading of One of the most important freedoms Korean Peninsula, and I am not argu- the amendment be dispensed with. we have, protected by our first amend- ing about the money per se. But if The PRESIDING OFFICER. Without ment, is religious freedom. It is also there was ever a case of a recipient bit- objection, it is so ordered. protected in the Russian Constitution. ing the hand that feeds it—it is North The amendment is as follows: We should encourage the Russian Gov- Korea. ernment to protect religious freedom, At the appropriate place in Title II, insert Incident after incident—from the the following ‘‘Provided further, That funds submarine incursion to this latest not take it away. So, yes, this is an appropriated under this heading to the Ko- amendment that has a heavy hammer. rean Peninsula Economic Development round of gunfire—is dismissed as ‘‘not It says we are not going to give eco- Organation (KEDO) may only be obligated if intentional’’ or not ‘‘serious’’ enough nomic assistance. the Secretary of State certifies and reports to derail U.S. assistance under the I noticed a memo from the adminis- to the Congress that during the fiscal year agreed framework. After the North Ko- tration in opposition to this amend- the military armistice agreement of 1953 has rean submarine landed on South Ko- ment, which says our assistance money not been violated by North Korea.’’ rean shores, our administration asked is used to reduce the number of nuclear Mr. MURKOWSKI. Mr. President. At for ‘‘both sides to show restraint.’’ I weapons and improve security over nu- 10:40 a.m. Tuesday morning along the was outraged that we asked our South S7528 CONGRESSIONAL RECORD — SENATE July 16, 1997 Korean allies to ‘‘show restraint’’ when If the administration cannot certify which the North responded with a mor- it was their country that had been in- North Korean compliance with this tar and artillery barrage. vaded by commandos. amendment, I think financial assist- My reason for bringing this up is to I understand that right now the ad- ance must come to an end. If the Presi- ensure this latest event involving ministration is preparing a response to dent can make the necessary certifi- North Korea is placed squarely in its this latest violation of the Military Ar- cation that the North Koreans have not proper context. On Monday, the Clin- mistice Agreement. And true to form, violated the Military Armistice Agree- ton administration announced that it the administration is asking once ment of 1953, I certainly would not is doubling the amount of food assist- again that this issue not be ‘‘blown out stand in the way of meeting our com- ance it intends to supply to Pyongyang of proportion’’. Not blown out of pro- mitments to KEDO. But I think the to alleviate some of the suffering from portion? North Koreans should certainly get the the famine resulting primarily from 50 I think we should be outraged at message that they simply cannot con- years of totalitarian rule and exacer- North Korea’s continued belligerent ac- tinue to operate under the theory that bated by intense flooding. I am not tions that are clearly designed to in- anything goes with regard to its com- here to argue against providing food to timidate. The South Koreans did noth- mitment to KEDO. starving people; I am here to reiterate ing wrong today, unless you think de- Mr. MCCONNELL addressed the the futility of expecting humanitarian fending one’s borders and shooting in Chair. gestures to the most belligerent regime self-defense is wrong. I hope the admin- The PRESIDING OFFICER. The Sen- in the world to beneficially affect its istration’s statement recognizes that ator from Kentucky is recognized. behavior. reality and does not even implicitly Mr. MCCONNELL. I say to my friend Nobody knows what is going on in- agree with the North Korean foreign from Arizona, if I could just propound side the minds of North Korea’s lead- ministry propaganda claiming that a unanimous-consent request, then I ers, especially the presumed head of their soldiers were acting in self-de- will yield the floor. government, Kim Jong Il. So thor- fense. It is my understanding it has been oughly closed off to the outside world That is why in offering this amend- cleared on the other side of the aisle as the North Korean Government has ment, Mr. President, I would condition for there to be a vote on the Smith been since its post-World War II incep- further funding—this is the important amendment at 2 o’clock. It is my un- tion, that details on its inner workings part of the amendment—on a certifi- derstanding, based upon a previous have been more elusive than for the So- cation from the President that North agreement, that would also trigger a viet Union during its most closed and Korea has not violated the Military Ar- vote on final passage on the energy and totalitarian period. One incontrovert- mistice Agreement of 1953. water appropriations bill. ible fact remains, however: North Although I have very strong reserva- Therefore, if I am correct about that, Korea has an extraordinarily consist- tions about the agreed framework, I ask unanimous consent that a vote on ent pattern of alternating minor and which I have expressed on this floor the Smith amendment occur at 2 p.m. manipulative gestures of goodwill with from time to time, and particularly be- The PRESIDING OFFICER. Is there acts of terror and provocation toward cause North Korea does not have to objection? its South Korean neighbor unseen any- submit to inspections that were re- Without objection, it is so ordered. where else in the world. quired 5 years ago, for several more Mr. MCCONNELL. I remind my col- To illustrate this pattern of provo- years—and this is in association with leagues there will be two votes, back to cation and terror, I ask unanimous the construction of the light water re- back, at 2 o’clock, one on the Smith consent to submit for the RECORD this actors that Japan, the United States, amendment and one on final passage of list of such individual acts spanning and South Korea are assisting in—I energy and water. the period 1958 to March of this year. have supported continued funding for I yield the floor. There being no objection, the mate- KEDO, subject to specific conditions Mr. MURKOWSKI. Mr. President, it rial was ordered to be printed in the that are spelled out in the bill. But I is my intention to ask for the yeas and RECORD, as follows: now believe that these conditions nays on my amendment that is pend- CONGRESSIONAL RESEARCH SERVICE, should be expanded to ensure that ing. THE LIBRARY OF CONGRESS, North Korea belligerency comes to an The PRESIDING OFFICER. Is there a Washington, DC, March 27, 1997. end. sufficient second? To: If the North Koreans want economic There is not a sufficient second. From: Rinn S. Shinn, Analyst in Asian Af- assistance from the United States, Mr. MURKOWSKI. It is my intention fairs, Foreign Affairs and National Defense they are going to have to learn that to ask for the yeas and nays on my Division. their troops and munitions ought to pending amendment. Subject: History of North Korean Terrorist stay on their side of the border. Their Activities. The PRESIDING OFFICER. Is there a The following chronology is in response to people, unfortunately, don’t have sufficient second? your request for historical information on enough to eat. Many of them are starv- There is not a sufficient second. terrorist activities carried out by the North ing. We continue to help them with Mr. MCCAIN addressed the Chair. Korean government in the past decades. For food assistance and humanitarian as- The PRESIDING OFFICER. The Sen- the purpose of this chronology, we have sistance. Yet, they continue to use ator from Arizona. agreed that the scope of ‘‘terrorist activi- their military to provoke those who Mr. MCCAIN. Mr. President, I am ties’’ should be expanded to cover broadly de- would help them. working and my staff is working with fined other provocative acts and beyond ‘‘the I think it is time for the administra- the Senator from Alaska right now so last 20 years’’ you indicated in your request. I should add that the chronology is selec- tion to stop appeasing this tyrannical that I can cosponsor this important tive. From 1954 to 1992, North Korea infil- and barbaric government that has bru- amendment regarding Korea. We have trated a total of 3,693 armed agents into talized the people of North Korea for some details we would like to iron out South Korea. According to data compiled by more than 45 years. We, in effect, are as to the language of the amendment a South Korean government agency, 2,345 in- supporting a government that would that I am confident we can agree on. filtrators were captured; 1,130 killed; and 218 probably fall by its own weight. I am Mr. President, we all know that there surrendered. The peak years of North Korean not suggesting that it is not a very has been another North Korean-initi- infiltration were 1967 and 1968, accounting dangerous situation with the 1.1 mil- ated altercation in the demilitarized for a total of 743 agents (167 captured; 553 shot to death; and 23 surrendered). Incidence lion men in arms. I am not suggesting zone that separates it from the South. of infiltration has decreased sharply since that the regime isn’t dangerous, in the According to preliminary reports, a 1987 but has not stopped completely (Van- sense of being very unpredictable. But small number of North Korean soldiers tage Point, November 1995, p. 17). If you need they have to get the message that they entered South Korea and refused an further assistance or have questions, please can’t bite the hand that feeds them. We order from the South to withdraw. call me. continue to assist North Korea even When the North Korean soldiers ig- CHRONOLOGY OF MAJOR PROVOCATIVE ACTS BY while that Government continues a nored the verbal warning, the South NORTH KOREA very aggressive posture. Korean soldiers fired warning shots, to Date, activities. July 16, 1997 CONGRESSIONAL RECORD — SENATE S7529 02/1958—North Korean agents hijacked to 07/1977—A North Korean attempt to abduct off the coast of Burma. 115 passengers were Pyongyang a South Korean airliner flying a South Korean couple (Yoon Jong-hee and aboard the flight from Baghdad to Seoul. from Pusan to Seoul; 2 American pilots and wife) failed in Paris. One of the terrorists, who was taken into 24 passengers were released in early March 02/1978—Actress Choi Eun-hee and her film- custody in Bahrain, confessed to the crime, but 8 other passengers remained in the director husband Shin Sang-ok were kid- was tried, and convicted in a Seoul court. North. napped in Hong Kong and taken to 03/1990—Another North Korean tunnel dug 01/1968—a 31-number commando team, dis- Pyongyang. The couple escaped in 1986 while under the DMZ was discovered; this was the guised as South Korean soldiers and civil- on a filming assignment in Vienna. fourth one uncovered since the mid-1970s. ians, reached within 500 yards of President 06/1979—A South Korean student Ko Sang- 05/1992—Three North Koreans, wearing Park Chung Hee’s office/residence complex moon was abducted by North Koreans in the South Korean uniforms, were shot to death (The Blue House) before they were inter- Netherlands. at Cholwon, Kangwondo, south of the DMZ. cepted by South Korean police; 29 comman- 07/1979—A North Korean attempt to abduct 10/1992—A North Korean 400-member spy dos were killed and one committed suicide; Han Yong-gil, an employee of the Korea ring in South Korea, directed by Lee Son-sil one who was captured revealed that their Trade-Investment Promotion Agency (a Political Bureau candidate member of the mission was to kill President Park and other (KOTRA), failed in France. Central Committee of Pyongyang’s ruling senior government officials. 03/1980—Three North Koreans tried to infil- Korean Workers (Communist) Party), was 01/1968—Two days after the commando at- trate the South across the estuary of Han uncovered by South Korea’s Agency for Na- tempt on President Park, North Korea seized River; all were killed. tional Security Planning. The Agency an- the U.S. intelligence ship Pueblo with a crew 11/1980—Three North Korean infiltrators nounced that the agents had infiltrated of 83 officers and men off Wonsan in inter- were shot to death at Whenggando, Cholla through South Korea’s coastlines. national waters outside the 12-mile limit Namdo, South Korea. 03/1993—North Korea announced its inten- claimed by North Korea; the crew was finally 12/1980—Three North Korean agents were tion to withdraw from the Nuclear Non-Pro- released in 12/1968, but not the ship. shot to death off the coast of Kyongsang liferation Treaty rather than yield to the 10/1968—130 sea-borne commandos infil- Namdo, South Korea. International Atomic Energy Agency’s de- trated the Ulchin and Samchok areas on the 03/1981—Of three North Korean infiltrators mands for a ‘‘special inspection’’ of two sus- eastern coast of South Korea; 110 were at Kumhwa, Kangwondo, one was shot to pected nuclear waste storage sites at killed, 7 were captured, and 13 fled. death. Yongbyon, North Korea. 04/1969—North Korea shot down an un- 06/1981—A North Korean spy boat was sunk 12/1993—Vice Marshal Choe Kwang, Chief of armed U.S. EC–121 reconnaissance plane over off the coast of Sosan, Chungchong Namdo; 9 the General Staff of the North Korean mili- international waters, resulting in the loss of agents were shot to death and one was cap- tary (and defense minister, 1995–96), declared 31 lives. tured alive. at a major state function that the military 06/1969—North Korea agents infiltrated 07/1981—One North Korean agent was shot ‘‘has the heavy and honorable task of reuni- Huksan Island off the west coast; 15 were to death in the upper stream of Imjin River, fying the fatherland with guns [emphasis shot to death. while trying to cross the river. added] in the nineties without fail,’’ thereby 12/1969—North Korea hijacked a South Ko- 05/1982—Two North Korean infiltrators revealing not so subtly North Korea’s alter- rean airliner with 50 persons aboard to were spotted on the east coast; one was shot native to its oft-proclaimed policy of ‘‘peace- Pyongyang; in February 1970, it released all to death. ful reunification.’’ 03/1994—For the first time in more than but 11 of the crew and passengers but de- 08/1982—Police in Canada uncovered a two decades, North Korea issue a threat of tained 7 passengers, 1 pilot, and 2 North Korean plot to assassinate President war in an inter-Korean meeting in Panmun- stewardesses and seized the aircraft. The 11 Chun Doo Hwan during a visit to that coun- jom. In response to Seoul’s chief delegate are reportedly still detained in North Korea, try. mentioning the possibility of UN sanctions along with some 450 other South Koreans ab- 10/1983—The explosion of a powerful bomb, against the North for its refusal to accept ducted by North Korea in the past decades. several minutes before President Chun was 03/1970—From 1970 to 1995, North Korea pro- full international nuclear inspections, due to arrive to lay a wreath at the Martyr’s vided sanctuary to 9 members of a Japanese Pyongyang’s chief delegate reportedly shot Mausoleum in Rangoon, Burma (Myanmar), radical leftwing ‘‘Red Army’’ group who had back: ‘‘Seoul is not far away from here. If a killed 17 senior South Korean officials and hijacked a Japanese Boeing 707 airliner to war breaks out, Seoul will turn into a sea of injured 13 who were accompanying President Pyongyang. fire.’’ The ‘‘sea of fire’’ threat rattled South Chun, then on the first leg of a six-nation 04/1970—Three North Korean infiltrators Koreans, already concerned about were shot to death at Kumchon, Kyonggido, Asian tour. Among the killed were; presi- Pyongyang’s perceived attempt to cultivate south of the Demilitarized Zone (DMZ) sepa- dential chief-of-staff and another senior a ‘madman’ image as ‘‘a new psychological rating the two Koreas. presidential assistant; deputy prime min- negotiating tactic’’ designed ‘‘to blackmail 06/1970—A powerful bomb exploded, demol- ister/minister of economic planning; three the US into granting concessions, including ishing the main gate to National Cemetery cabinet members including foreign minister; diplomatic recognition, the lifting of trade (South Korea’s equivalent of Arlington Cem- 3 deputy ministers; and South Korean am- sanctions and the supply of aid for its totter- etery), before President Park’s scheduled bassador to Burma. The bomb was intended ing economy.’’ visit to the place. The incident was linked to for President Chun. Based on initial findings, 06/1994—A North Korean attempt to abduct North Korean elements. Seoul accused Pyongyang of masterminding a South Korean professor, Lee Jin-sang, from 01/1971—A North Korean attempt to hijack the mass assassination, an accusation North an Ethiopian university in Addis Ababa was a South Korean Airline F–20 passenger plane Korean leader Kim Il Sung dismissed as a foiled. flying from Seoul to Sokcho on the east ‘‘preposterous slander.’’ President Chun 08/1994—North Korea’s foreign ministry de- coast was foiled. termed the mass assassination as ‘‘a grave clared: ‘‘We will never allow the [special] in- 08/1974—President Park Chung Hee’s wife provocation not unlike a declaration of spection of the military sites at the expense was killed during another attempt on his war,’’ and warned the North that ‘‘should of our sovereignty in order to receive light- life. A member of a pro-North Korean group such a provocation recur, there would be a water reactors. Another conflict cannot be in Japan who entered Seoul as a tourist fired corresponding retailiation in kind.’’ Two sus- avoided, if they [South Korean and Japanese several shots at Park at a major public func- pects arrested and tried in the Rangoon Divi- authorities] continue trying to complicate tion; Park escaped unhurt, but the First sional Court turned out to be a North Korean matters, citing the ‘special inspection’ that Lady was hit by stray bullets and died sev- army major and captain. On November 4, we have never allowed and cannot allow in eral hours later. Burma broke off diplomatic relations with the future either.’’ (The North Korean-U.S. 09/1975—Two North Korean infiltrators North Korea. In 02/84, the Burmese Supreme ‘‘agreed framework’’ of October 1994 to the were intercepted at Kochang, Cholla Pukdo; Court sustained the death penalty handed contrary, North Korea continues to maintain one was shot to death. down by the lower court. that the special inspection is out of ques- 06/1976—Three North Korean infiltrators 09/1984—A North Korean agent killed 3 resi- tion—a portent of what might be called ‘‘a were shot to death in the eastern sector dents of Taegu, South Korea, and committed special inspection crisis’’ several years down south of the DMZ. suicide. the road or around 2003). 08/1976—A group of North Korean soldiers, 10/1984—A North Korean spy ship was 05/1995—North Korean patrol boat fired on wielding axes and metal pikes, attacked a chased off the coast of Pusan, South Korea, a South Korean fishing vessel, killing three U.S.-South Korean tree-trimming team in a but eluded capture. South Korean fishermen; North Korea re- neutral area inside the DMZ at Panmunjom, 01/1998—A North Korean attempt to abduct leased 5 other fishermen in December 1995 killing 2 U.S. army officers and wounding 4 a South Korean citizen (Yoon Taek-shik) through Panmunjom. American enlisted men and 5 South Korean failed in Hong Kong. 06/1995—North Korean soldiers threatened soldiers. In a message to UN Commander 08/1997—Lee Chae-hwan, a South Korean the captain of a South Korean vessel with General Richard G. Stillwell, North Korea’s student enrolled in an American school, was harm in a North Korean port unless he hoist- Kim Il Sung described the incident as ‘‘re- abducted by North Koreans while on a visit ed the North Korean flag while the vessel grettable’’ without admitting North Korean to a European country. was there to deliver a South Korean humani- responsibility for what the U.S. government 11/1987—A bomb planted by two North Ko- tarian rice shipment to the North. condemned as a ‘‘vicious and unprovoked rean terrorists on a Korean Airline Boeing 07/1995—A team of three North Korean murder’’ of the officers. 707 exploded in midair over the Andaman Sea agents abducted a South Korean missionary, S7530 CONGRESSIONAL RECORD — SENATE July 16, 1997 the Reverend An Sung-un, in southern Man- After being in coma, Lee died a week later in the world that we act as responsibly as churia and transported him to North Korea. a Seoul hospital. possible when allocating these scarce Reverend An currently remains in the North. 03/1997—Japan’s daily newspaper Sankei resources. That is why I continue to 08/1995—North Korea seized a South Korean Shimbun, based on an interview with a oppose the practices of adding to the rice delivery vessel and arrested its crew in former South Korean agent An Myong-chin a North Korean port after a South Korean (who defected to South Korea in September bill funds for programs of questionable crewman took photographs from the ship. 1993), reported that in 1977, Megumi Yokota, merit and of earmarking for specific The ship was released in 12 days after the a 13-year-old Japanese school girl was ab- institutions without regard for broader South Korean government sent a message to ducted in Niigata City to North Korea for U.S. national security interests. the North, expressing ‘‘regret’’ over the use as a teaching aide at a North Korean As an elected representative from a photographing incident. school for spy training. Japanese authorities State with considerable agricultural 10/1995—Two armed North Koreans were disclosed that An’s description of the girl intercepted at the Imjin River just south of matched the profile of a girl reported miss- interests, I am fully aware of the im- the DMZ; one was shot to death and the ing in Niigata, Japan. portance of properly administered agri- other escaped (This incident happened at a cultural programs. Do we honestly ex- Mr. MCCAIN. Mr. President, it is a time when South Korea was sending humani- pect, however, the American public to tarian rice aid to North Korea). list worthy of Stalin, the butcher of millions of his own people and the So- adopt a less confrontational posture 10/1995—Two North Korean agents were vis-a-vis their elected representatives intercepted at Puyo, about 100 miles south of viet leader who installed Kim Jong-Il’s when we continue to earmark funds for Seoul; one was shot to death and the other father, Kim Il Sung, in power following was taken alive. The captured agent dis- the end of the Second World War. This the International Fertilizer Develop- closed that he had infiltrated into South list includes numerous instances of ment Center in Alabama. Not only does Korea two months earlier, with a mission to North Korean agents infiltrating the the bill before us earmark $3 million contact anti-government dissidents and poli- South to conduct assassinations, with for the center, this amount represents ticians and the organization of underground a 50-percent increase over fiscal year cells. the most recent occurring last Feb- ruary; causes of agents kidnapping or- 1996. Is the chemical makeup or molec- 04/1996—A total of four hundred North Ko- ular structure of fertilizer changing so rean troops crossed the military demarca- dinary Japanese citizens off of the tion line of the DMZ at Panmunjom and else- beaches of their own country as well as much that we need to actually increase where in violation of the Korean armistice South Koreans, who are smuggled to appropriations for the Fertilizer Devel- agreement, after Pyongyang’s unilateral an- North Korea for imprisonment and in- opment Center? nouncement that it no longer would abide by terrogation; armed soldiers crossing As usual, although admittedly to a the terms of the armistice. lesser extent than in years past, the 05/1996—Seven North Korean soldiers the border between the two countries crossed the military demarcation line into to provoke fire fights, such as appar- bill recommends or directs funding for the southern half of the DMZ, facing South ently occurred this morning; special specific universities, including the Uni- Korean defensive positions just south of the forces infiltrating the South through versity of Hawaii for the training of DMZ, but withdrew when South Korean tunnels dug beneath the DMZ; and the health and human service profes- troops fired warning shots. naval incursions, most recently the sionals; the University of Northern 05/1996—Five North Korean naval patrol September 1996 submarine that was Iowa for teacher education in Slovakia; craft crossed into South Korean territorial grounded off the South Korean coast and George Mason University, also for waters off the east coast in an area des- health care. Montana State University ignated as South Korean waters under the with the ensuing loss of considerable armistice accord but withdrew after four life due to the will of the North Korean continues to fare well in foreign oper- hours of a standoff with South Korean naval commandoes who debarked from the ations appropriations bills. In the past, vessels. A similar three-hour incursion by sub not to be taken alive. it has received funding for pest control. three North Korean craft in the same area I highly recommend my colleagues This year, it is supposed to receive occurred on June 14, 1996. take a few minutes to review this list. funds for crop eradication, specifically 07/1996—A North Korean spy was captured It is the ultimate commentary on the opium poppy, coca, and marijuana. in Seoul after posing as a Filipino professor Laudable goals, but why the earmark? for 12 years. Chung Su Il (alias: Mohammed nature of the North Korean regime. It Kansu), 62, told police that ‘‘scores, perhaps is a window into the soul of that coun- I do not question the value of some of hundreds’’ of North Korean spies were oper- try’s rulers. It is a warning against these programs; I do question whether ating in the South. misjudging the North’s periodic ges- they require or deserve funding from 09/1996—A disabled North Korean sub- tures of goodwill that are inevitably, the U.S. Treasury or cannot be com- marine was spotted bobbing off the shore at most, tactical responses to their peted among contending institutions near the city of Kangnung. Twenty six North own self-induced social calamities or and organizations. Korean military personnel landed on the east coast from the submarine that was found to continued efforts at undermining the Other recommendations and ear- be on an espionage/reconnaissance mission. relationship between South Korea and marks of questionable merit included Eleven of the infiltrators were shot to death the United States. in this bill are $15 million for the Office by North Koreans; 13 others refused to sur- Mr. President, I now want to discuss of Women in Development, which is render and were killed; one was captured and the bill very briefly itself. hardly necessary with simple instruc- one escaped. During the South Korean hunt Mr. President, I appreciate the oppor- tions to our own Agency for Inter- for the infiltrators, North Koreans killed 11 tunity to address the Senate on the national Development; $500,000 for the South Korean military personnel and civil- subject of the fiscal year 1988 foreign U.S. Telecommunications Training In- ians and wounded five others. 10/1996—Choi Duk Keun, a South Korean operations appropriations bill. As has stitute for communications and broad- diplomat, was murdered in Vladivostok, Rus- been noted numerous times by Mem- cast training; and $15 million over 5 sia, following a North Korean threat to ‘‘re- bers of this body, the end of the cold years for the International Foundation taliate’’ for the submarine incident. Cir- war had the unwelcome effect of creat- for Education and Self-Help, which cumstantial evidence initially pointed to ing a vacuum into which all manner of trains teachers and bankers. I was also North Korean complicity in the murder, and ethnic, religious, and territorial con- interested to see in the report accom- later autopsy results showed that poison flict has been permitted to emerge. In panying this bill a recommendation to found in Choi’s body was the same type of poison carried by North Korean infiltrators addition, the continuous problems of AID that it work with Science and from the grounded submarine in September. combating famine, disease, and other Technology International to further 02/1997—In Seoul, South Korea, Lee Han- problems afflicting many nations of development of the advanced airborne yong was assassinated by two hit men be- the world ensures that the global re- hyperspectral imaging system, which is lieved to be North Korean agents. Nephew of sponsibilities of the executive and leg- intended to facilitate the monitoring North Korean leader Kim Jong Il’s former islative branches of the Government of environmental degradation and dis- wife, Song Hye-rim, Lee had defected to the remain substantial, particularly rel- aster mitigation and aid in the protec- South in 1982. The shooting took place three ative to the resources available with tion of wetlands and management of days after Hwang Jan-yop, a high ranking North Korean party official, walked into the which to address them. littoral regions. Does any of this over- South Korean consulate in Beijing to defect It is for these reasons that we owe it lap with the $60 million the bill ear- to the South—a possible warning to Hwang to the American public and to those marked for the Global Environment and other would-be defectors to the South. less fortunate than ourselves around Facility. July 16, 1997 CONGRESSIONAL RECORD — SENATE S7531 Once again, I applaud the goal, but the practice of earmarking continue. Mr. ROBERTS. Mr. President, I have question whether we should be specify- At least, though, the long-term trend a unanimous consent on behalf of the ing programs, directly or indirectly, has been in the right direction. leader. without the benefit of a competitive Mr. President, I ask unanimous con- Before I make that unanimous con- process or adequate knowledge of sent that a list of programs in the bill sent request, I would like to thank the whether similar capabilities are al- that I find objectionable be printed in Senator from Arizona and the Senator ready or imminently available in the the RECORD. from Alaska in reference to the amend- private sector. I further note that this There being no objection, the mate- ment concerning our policy with North is the second bill this week to include rial was ordered to be printed in the Korea. Senator MCCAIN has pointed out funding for this program: The Defense RECORD, as follows: the situation that now exists with an- appropriations bill included $2 million OBJECTIONABLE PROGRAMS IN THE FOREIGN other flare-up of hostilities on the DMZ for the advanced airborne OPERATIONS APPROPRIATION BILL FOR 1998: between South Korea and North Korea. hyperspectral imaging system. TITLE II—BILATERAL ECONOMIC ASSISTANCE Some time ago—about 4 months—I I have already referred to funding for PROGRAMS WITH FUNDS EARMARKED was privileged to take part in a delega- agricultural programs in the bill that In millions tion with Senator STEVENS. Senator warrants skepticism. With funding also American Schools and Hospitals: STEVENS, Senator DOMENICI, Senator directed toward the Farmer-to-Farmer American University in Beirut, INOUYE, Senator COCHRAN, and myself Program and the Soils Management Lebanese American University, Ha- were the first American congressional Collaborative Research Support Pro- dassah Medical Organization, delegation allowed into North Korea. Feinberg Graduate School in Israel, gram, I wonder whether it isn’t time to We went to North Korea with a spe- and Johns Hopkins University (Bo- cific purpose. We know that country is take a closer look at the proliferation logna, Italy, China) ...... $15.0 of programs to determine whether they U.S. Telecommunications Training hard hit by a famine, and that the situ- are all necessary or overlap in func- Institute ...... 0.5 ation is very real. We wanted to en- tion. University Development Assistance courage the North Koreans, in coopera- Finally, Mr. President, I would like Programs: University of Hawaii, tion with Ambassador Richardson, the to briefly address the Buy-America University of Northern Iowa, and State Department and the administra- provisions of the bill. The American George Mason University ...... 2.0 tion, to participate in the four-party International Fertilizer Development peace talks. public understandably abhors active Center ...... 3.0 participation by its Government in en- International Foundation for Edu- Since I have had the privilege of couraging U.S. companies to relocate cation and Self-Help: Human re- being the former chairman of the to foreign countries where labor and source development in sub-Saharan House Agriculture Committee and materials are cheaper. Section 538 of Africa ...... 15.0 serve on the Agriculture Committee the bill addresses this concern. Para- PROGRAMS FOR WHICH THE COMMITTEE here in this body, I wanted to encour- graph (b) of this provision may go too RECOMMENDS FUNDING age the North Koreans to explore every far, however, with the ultimate impact Advanced Airborne Hyperspectral Imaging opportunity for normal trading rela- of impeding economic growth where it System: Monitors Wetlands and Littoral tions—that is, to explore the possibil- is seriously needed while degrading the Zones. ity of commercial trade and third- benefits that accrue to the American Farmer-to-Farmer: Overseas Cooperative party agreements that would alleviate Assistance Program, specifically in former their situation. economy through free trade. Specifi- Soviet Union. cally, the paragraph in question pro- Pushchino Project: Promotes economic de- I think we made some progress. I hibits the use of funds for the purpose velopment in South Central Russia. think we tried to make our point that of, Mongolia: Academy of Natural Sciences in these kind of negotiations, these kind . . . establishing or developing in a foreign Philadelphia, PA, to provide technical advice of contacts, would certainly open up country any export processing zone or des- on infrastructure development. new doors of cooperation only to find ignated area in which the tax, tariff, labor, Biological Control of Illicit Drug Crops: out, however, that now just at the time environment, and safety law of that country Research at Montana State University in the the administration is announcing a do not apply, in part or in whole, to activi- development of plant pathogens. Pulsed Fast Neutron Analysis: Supports doubling of the humanitarian food as- ties carried out with that zone or area, un- sistance to North Korea we see another less the President determines and certifies joint funding for this technology. COMMERCE AND TRADE repeat of these hostilities. that such assistance is not likely to cause a I remember well in meeting with the loss of jobs within the United States. Sec. 513. Restricts funds for testing in connection with the growth or production in South Korean Government officials The Presidential certification proc- when South Korea sent a ship full of ess established by this provision will a foreign country of an agricultural com- modity which would compete with commod- grain and other food shipments to the create, I suspect, the same problems as ities grown in the United States. North. The North simply confiscated do other certifications processes. As Sec. 514. Restricts funds for foreign pro- the ship, took down the South Korean countries evolve over decades and cen- duction or extraction of any commodity or flag, raised the North Korean flag, took turies and economies reflect that evo- mineral for export if its surplus on the world all of the personnel involved, and had lution through industrialization and market will cause substantial injury to Unit- them incarcerated for about 10 days, ed States producers of the same, or similar service-oriented dominance, and as free and then finally let those folks go back trade policies account for substantial commodity. Sec. 538. Restricts funds that would pro- to South Korea. That to me is not a proportions of economic growth, inevi- vide any financial incentive to a business in very willing partner in an effort to re- tably jobs are lost in certain areas. It the United States considering relocating lieve any kind of famine. has never been any different. We have outside of the United States if it is likely to Quite frankly, when we were in North also seen the benefits to the very peo- reduce the number of employees in the Unit- Korea they were conducting a military ple we purport to help of free market ed States. exercise at the time that we were economic zones in countries with oth- Mr. McCAIN. I thank my friend, Sen- there, and wasting, as far as I am con- erwise centrally controlled economies. ator MURKOWSKI, from Alaska for pro- cerned and any other observer, valu- It is such zones that facilitate the posing an amendment that has to do able dollars that could have been pro- greatest economic growth and that are with the very serious situation in vided to their own people who are suf- more prone to exhibit liberal social and Korea, and frankly the part of Ameri- fering. This is a repressive regime—a political transformations consistent ca’s foreign policy that I think is de- theocracy, if you will—that is punish- with our own national values. To adopt serving of significant criticism. I think ing their senior citizens and their very a provision designed to impede such history will show that this entire issue young—putting them through a famine progress is not in our national interest. of North Korea has been mishandled by at the same time that they are asking There is room for improvement in this administration. us for this kind of assistance. this bill that I hope will occur when Mr. President, I yield the floor. Question: Will these funds go to the the Appropriations Committees of the Mr. ROBERTS addressed the Chair. purpose that it should go to, or will respective Houses of Congress meet in The PRESIDING OFFICER (Mr. they go to simply reinforce a very re- conference. It is discouraging to see COATS). The Senator from Kansas. pressive military? S7532 CONGRESSIONAL RECORD — SENATE July 16, 1997 These are questions that should be foreign policy and national security. I agencies. We were able to provide $60 answered. And I think with the latest think all of us owe him a debt of grati- million for the global environment fa- flare-up on the DMZ Senator MURKOW- tude for that. I take the attitude, cility. The GEF plays a central role in SKI and Senator MCCAIN have made an which is the attitude of all Vermonters protecting international waters and excellent amendment, and I hope we ahead of me, that in foreign policy biodiversity, replacing ozone depletion. would consider it and I hope it will be matters especially we should try to de- It is a step in the right direction. I improved. velop bipartisanship. The distinguished would like to see a United States con- UNANIMOUS-CONSENT AGREEMENT—S. 1004 senior Senator from West Virginia and tribution to the African Development In behalf of the leader, I ask unani- the distinguished senior Senator from Fund. I would like to see more funds mous consent that the bill, S. 1004, be Alaska did that in developing the allo- for voluntary peacekeeping, disaster considered read a third time, that the cation in this bill. While I am the only relief programs. vote on passage occur as under the Member of my party ever to be elected There were some hard choices. I original consent, and additionally the from the State of Vermont, I look back point out to people that most programs bill not be engrossed, that it remain at to distinguished predecessors as Sen- that did not receive full funding, and the desk pending the receipt of the ators from Vermont who always tried they are relatively few, were distrib- House companion measure; I further to develop that bipartisanship in for- uted fairly evenly across the various ask unanimous consent that when the eign policy. This bill appropriates addi- accounts here. House companion measure is passed tional funds for development assistance I have other areas of concern, and I pursuant to the previous order, the in microenterprise, health and edu- will speak to those when the time passage of S. 1004 be vitiated and that cation, agriculture, and many other ac- comes. S. 1004 be indefinitely postponed. tivities supported strongly on both I say only this in closing, Mr. Presi- The PRESIDING OFFICER. Is there sides of the aisle—a special fund for dent. We have a tremendous oppor- objection? combating infectious diseases. I thank tunity to influence economic and polit- Without objection, it is so ordered. the distinguished chairman of the sub- ical events around the world, but diplo- Mr. DORGAN addressed the Chair. committee for that. macy costs money. It is money to sup- Mr. DORGAN. Mr. President, I ask This is an area that I was particu- port programs that will in a very real unanimous consent that Matthew larly concerned about. We have seen an way determine what kind of world our Goldenberg, Danette Lince, Joshua alarming increase in TB and other dis- children’s grandchildren live in. We are Spellman, and Katherine Ruth be given eases that were once thought to be the most powerful nation in the world, floor privileges today. under control, new viruses like Ebola. the greatest democracy history has The PRESIDING OFFICER. Without These pose a threat to America. You ever known, and we have a responsibil- objection, it is so ordered. might ask what American interest is ity to the rest of the world because of Mr. MURKOWSKI. Mr. President, I there in that in a foreign aid bill. It is that. We do not live in isolation, and have an amendment pending, and I had very simple. These funds will help this bill helps us say that. asked for the yeas and nays some time monitor and combat these diseases. A Mr. President, I do not see others ago. There was a question, and I would microbe does not stop at a border and seeking the floor, so I suggest the ab- like to again ask for the yeas and nays get a visa before it moves on to the sence of a quorum. on my amendment on North Korea. next country. Microbes and viruses, The PRESIDING OFFICER. The The PRESIDING OFFICER. Is there a diseases, some of the most horrendous clerk will call the roll. sufficient second? There is a sufficient diseases known in our lifetime, trav- The assistant legislative clerk pro- second. eled freely across borders. ceeded to call the roll. The yeas and nays were ordered. In an era where a Member of Con- Mr. DURBIN. Mr. President, I ask Mr. MURKOWSKI. I thank the Chair gress does much traveling, we see how unanimous consent that the order for and I thank my colleague. people can be, for example, in Kenya the quorum call be rescinded. Mr. LEAHY. Mr. President, because and be back in Washington in a matter The PRESIDING OFFICER. Without of a meeting with the President and of long hours, but it is possible to trav- objection, it is so ordered. the Vice President, I was unable to be el that way, sometimes perhaps arriv- The Senator from Illinois. here for the opening of this bill, and I ing even a few minutes later than they Mr. DURBIN. Mr. President, I rise to did want to make note of a couple might have liked, but being able to ar- speak to the legislation now pending items. rive. before the Senate on three topics that First, I do commend my friend from I should note for the RECORD that are much different in nature, but I Kentucky, Senator MCCONNELL, who this reflects sort of a private joke be- think reflect the diversity of the sub- has put together a bill which I believe tween the distinguished Presiding Offi- ject matter of this important legisla- both parties, both Republicans and cer, my good friend, and myself. But tion. Democrats, can and should support. I the point is people do travel and, un- NATO ENLARGEMENT ASSISTANCE should note that last year the foreign like the old days when you looked at a At the outset, let me join with my operations bill passed the Senate by a different continent one would never colleague, Senator GORTON of Washing- vote of 93 to 7, which is pretty darned visit, now we go back and forth, and ton, who has offered a sense-of-the-Sen- good for such a piece of legislation. diseases do, too. ate amendment in his name and mine, This year’s bill I think will pass by an My wife, who works as a registered asking that Lithuania, Latvia, and Es- even higher margin. nurse, sees far, far more patients with tonia be invited to become full NATO I thank the chairman of the full com- TB today than she had seen a decade members at the earliest possible date. I mittee, Senator STEVENS, and the sen- ago. We see far more diseases that we have addressed this issue before on the ior Democrat on the committee, Sen- thought had disappeared popping up State Department authorization, and it ator BYRD, for providing us with an al- again. What we want to do is have was adopted by the Senate in similar location that has made it possible to money in here to help us monitor coun- form. fund many of the administration’s for- tries where these diseases are coming The amendment states the sense of eign policy priorities, in fact, most of up, help the world organizations most the Senate that Lithuania, Latvia, and the priorities of Members of the Sen- involved in this to isolate and quar- Estonia are to be commended for their ate, and that is extremely important as antine and help eradicate diseases be- progress toward political and economic we go into conference with the other fore they travel into our country or reform and meeting the guidelines for body. other countries. prospective NATO members; that these For the past 3 years, Senator MCCON- I also appreciate what has been done three countries would make an out- NELL and I and Senator LUGAR and oth- to fund IDA. Even though it is $950 mil- standing contribution to furthering the ers have argued that U.S. leadership lion, it is close to and goes a long way goals of NATO and enhancing stability, costs money. Senator MCCONNELL has toward meeting our past commitments. freedom, and peace in Europe should fought efforts in the House to cut fund- The same goes for UNICEF, a favorite they become NATO members; and they ing for programs that are vital to U.S. organization of mine, and other U.N. should be invited to become full NATO July 16, 1997 CONGRESSIONAL RECORD — SENATE S7533 members at the earliest possible date. poverty, hunger and disease. It is not So I hope those who are supporting The recent NATO summit in Madrid re- about abortion. It is about preventing this legislation, as I am, understand sulted in the member nations inviting abortion. It is estimated that un- that its investment and commitment Poland, Hungary, and the Czech Repub- wanted pregnancies lead to 50 million to international family planning and lic to join NATO. This was a dramatic abortions every year—abortions that also the children’s program is money breakthrough. I think it signaled the might have been prevented by family well spent, not just for the humani- end of the cold war and a new era in planning. tarian purposes which I have outlined the world, with those who had been our International family planning lit- but for very selfish reasons, for the fu- adversaries for literally decades now to erally saves the lives of children and ture of the United States. If we start to become our allies. We are seeking, with their mothers by increasing the time stabilize world population, we can also this amendment, Senator GORTON and between births and helping women to help to stabilize political situations myself, to increase that number of new avoid high-risk pregnancies. It is esti- and hope as well that we will bring NATO members by at least three, by mated that preventing closely spaced that kind of quality of life around the including the Baltic nations. births and pregnancies to very young world that we enjoy in most parts of I can tell you from recent visits to mothers can save the lives of 3 million the United States today. Lithuania that they feel this is the sin- babies a year. That would be a 25 per- SCHOOL OF THE AMERICAS gle most important foreign policy chal- cent reduction in worldwide child mor- Mr. President, the final issue which I lenge which they face. They want to tality. will address in this moment on the make it clear that they look to the International family planning makes floor is in relation to an amendment West; they share our values. They are it possible for poor nations to provide which I am prepared to offer today but interested in this type of NATO ar- better nutrition, health care and edu- will not. It is an amendment which has rangement, which is not offensive in cation. been considered time and again in the strategy but, rather, seeks peaceful About 6 years ago, I joined my House House but has not been considered in resolutions, and they are hopeful that colleague, the late Congressman Mike the Senate. I had thought that it was this will create a new era of oppor- Synar of Oklahoma, on a trip to Ban- time to call up this amendment, but tunity for them. gladesh. It was an amazing educational after discussions with my colleagues This amendment is consistent with experience. One of the poorest coun- we have decided to wait until next current laws and programs, and I be- tries in the world, Bangladesh seems to year’s appropriations bill to address it. lieve that it is one the administration be living under a dark cloud. If there is What I am speaking to is a project can embrace. It is clearly not only in a natural disaster to occur, it is usu- known as the School of the Americas. our best interests in the United States, ally occurring in Bangladesh. And The School of the Americas was estab- but certainly in the best interests of these poor people who eke out a living lished over 50 years ago to provide the Baltic States, which are still in a are often victimized by these disasters. military education and training to very precarious position. Congressman Synar and I went into military personnel of Central America, I thank my colleague Senator GOR- the back country where the roads end South America, and the Caribbean TON for offering this sense-of-the-Sen- and we had to get out of the 4-wheel- countries. Given the breakup of the So- ate resolution on our mutual behalf, drive and start hiking to a little vil- viet Union, the training provided at and I am also grateful to the managers lage where we literally met with 50 this school is no longer appropriate to of the bill for having adopted it. women and their children who were the long-term goals of the United States or Latin America. This school INTERNATIONAL FAMILY PLANNING part of a project known as the at Fort Benning, GA, has been a train- Mr. President, I might go on to say Grameen Bank, a fascinating experi- ing ground for thousands of individuals there is another aspect of this bill ment in credit for poor people which who have been brought in from the which is critically important for the has now caught on worldwide. militaries of Central and South Amer- future, not only of the United States, After this meeting, one of the women ica and the Caribbean and trained to but of the world. I rise in support of the came up to me and, through an inter- become more proficient in their mili- funding in this legislation for inter- preter, spoke to me. She was holding a small baby in her arms, and she said to tary ways. national family planning. I can’t think We acknowledge the Army has tried me that she wanted to tell me some- of a single issue more threatening to to make changes at the School of the thing. I asked what it was, through the the future and stability of our world Americas by updating curricula and interpreter. She wanted to tell me than the present trends of population improving the selection process for stu- that, because of family planning and increase. The world’s population in- dents and the quality of teachers. De- also because of the UNICEF and United creases by about a quarter of a million spite these efforts, it is my belief that people every single day, and 95 percent Nations effort to save the lives of small the School of the Americas should be of the world’s population growth is in children in developing countries, she closed. It is an element in this bill less developed countries. In 1950, the and her husband had decided to have no which I do not support. It serves no world’s population was 2.5 billion; more than three children. It was a dra- strategic purpose. today it is 5.8 billion. In 1950, the aver- matic admission on her part to a pale- In the post-cold-war era, we need to age life expectancy worldwide was 46 skinned stranger from a country she strengthen civilian institutions in years; today, it is 65 years. had literally never heard of. Latin America, not the militaries. And By the year 2040, if current trends Those of us who think the money the school cannot overcome its horren- continue, the world’s population will that is invested in this legislation dous history and its past links to nu- double. The danger of overpopulation, doesn’t do any good should take the merous military personnel who have the problems that come with it—pov- time to visit those parts of the world committed human rights atrocities. erty, hunger and disease—will not go where it literally means life or death. These admissions are an embarrass- away if we simply ignore them. We can For her, it meant the baby in her arms ment to the United States and to our and we must address these problems by would survive. In these countries, with reputation as a leader in promoting providing family planning assistance their poor health conditions, many human rights throughout the world. to the poorest people in the world. times unsanitary water would result in The training manuals at this school And family planning works. Mr. children with dysentery and other in- as late as 1991 contained instruction in President, 30 years ago the average testinal problems who literally died for torture and extortion. Imagine, U.S. couple in the world had six children. lack of hydration. The rehydration taxpayers’ dollars spent at this facility Today, the average couple in the world therapy, as simple and cheap as it is, in Georgia, at a U.S. military base, to has four. International family planning saves these lives and gives these moth- train foreign military leaders in tor- is about giving people around the ers the hope that they don’t need to ture and extortion. It is incomprehen- world, especially in the world’s poorest have six children to have three survi- sible. countries, the ability to decide the size vors. And that, many times, is the No one has been held accountable for of their own families. International driving force behind large families in the fact that the U.S. Army was teach- family planning is about eradicating poor countries. ing training techniques which clearly S7534 CONGRESSIONAL RECORD — SENATE July 16, 1997 violated U.S. Army policy. The School Mr. BINGAMAN. Mr. President, I ask around to taking control of its Cuba policy of the Americas has trained leaders in unanimous consent that reading of the away from a small, self-interested lobby tactics to violate human rights and has amendment be dispensed with. group. done so knowingly and deliberately. It The PRESIDING OFFICER. Without Mr. President, I share Mr. Mead’s is well documented that this school’s objection, it is so ordered. views on this anachronistic stance that graduates have planned and partici- The amendment is as follows: we continue to take toward Cuba. pated in severe cases of human rights SEC. . TRAVEL TO CUBA. In my opinion, the one reason that abuses during the history of this insti- (a) PROHIBITION.—The President shall not Castro has remained entrenched and tution. restrict travel to Cuba by United States citi- has survived nine American Presidents Listen to this roster of graduates zens or other persons subject to the jurisdic- is that he continues to be able to point from the School of the Americas, fund- tion of the United States, except in the case to the United States as a menacing for- ed by taxpayers’ dollars: Panamanian in which the United States is at war, where eign presence and to call upon the armed hostilities are in progress in or dictator and drug dealer Manuel Cuban people to withstand the hard- around Cuba, or where there is imminent ships that they have to withstand be- Noriega; 19 Salvadoran soldiers linked danger to the public health or the physical to the 1989 murder of 6 Jesuit priests, safety of the United States travelers to cause of bad intentions and actions by their housekeeper and her daughter; El Cuba. America, as he would have it. Salvador death squad leader Roberto (b) SUPERSEDES EXISTING LAW.—This sec- If people, including so many of my D’Aubuisson; Argentinian dictator tion supersedes any other provision of law. distinguished colleagues across the Leopoldo Galtieri; 3 of the 5 officers in- (c) DEFINITION.—For purposes of this sec- aisle and on the Democratic side, be- volved in the 1980 rape and murder of 4 tion the term ‘‘United States’’ includes the lieve in the value of Radio Marti and several States of the United States, the Dis- United States churchwomen in El Sal- TV Marti, our broadcasting operations trict of Columbia, the Commonwealth of in Florida, which are intended to in- vador; and 10 of the 12 officers respon- Puerto Rico, the Commonwealth of the sible for the murder of 900 civilians in Northern Mariana Islands, the United States form Cubans about the way of life in the El Salvadoran village, El Mozote. Virgin Islands, Guam, American Samoa, and the United States and our freedoms Victims of these abuses often are the any other territory or possession of the Unit- and our liberties, then certainly in- most vulnerable of the country, the ed States. creasing contact by allowing travel by poor and Roman Catholic religious who Mr. BINGAMAN. Mr. President, the Americans to Cuba would do even spoke out in defense of peace and social amendment I have just sent to the desk more. I think it is important that the justice. Given that the training manu- is a very simple amendment that would administration and others realize that als used at the school advocated tor- provide that the President shall not re- the Helms–Burton Act and this 6- ture, blackmail and other forms of co- strict travel to Cuba by United States month clock on issuing a waiver on the ercion, the atrocities committed by citizens and other people who are law- worst provisions of that act not be al- these graduates are predictable results. fully subject to the jurisdiction of the lowed to serve as the be all and the end The United States needs, in this post- United States, except in circumstances all of our Cuban policy. cold war era, to find a better way to where we are at war or where there are On June 19 of this year, I joined Sen- moderate the abuses of Latin American armed hostilities in or around Cuba, or ator DODD and a great many other Sen- militaries. Clearly, the School of the where there is imminent danger to pub- ators in writing to the President urg- Americas is not the answer. lic health or physical safety of United ing that direct flights to Cuba for the I think it is clear that this school States travelers in Cuba. purpose of humanitarian assistance be needs to be closed. If an alternative My own view is that our policy permitted. The subject of that letter is needs to be opened, let us restructure today, toward Cuba, is a holdover from not the subject of my amendment it consistent with our own human the cold war. It is an anachronism. It is today. I cite that as one example of an rights values. I will not be offering the out of step with the sentiments of the effort to improve constructive rela- amendment today which would close American people. And it is certainly tions between ourselves and Cuba and this institution, but I want to make it out of step with the best interests of to assist in humanitarian needs that clear to my colleagues in the Senate our own country. are real. and those who are listening to this de- We have gotten into a situation I do believe that one of the least jus- bate, that we will continue to monitor where the only attention that is given tifiable aspects of our policy toward the School of the Americas, that we to our relations with Cuba is that Cuba today is the restrictions that we will continue to make certain that every 6 months the President comes place on travel by U.S. citizens and they know we are watching what they forward and once again waives certain U.S. residents to that country. The do and the graduates they send to lead extraterritorial provisions that were right to travel is a constitutional the militaries of foreign nations. And part of the Helms–Burton Act that was right. It is one that the courts have we will insist, at every step of the way, passed last year; and at the same time recognized. It is one that we, as a coun- that this School of the Americas pur- that it waives those provisions, it try, have recognized and that we only sue policies that are consistent with assures Members of Congress and the interfere with where there is a national the best interests and policies of the Cuban-American community that it security reason or some overriding na- United States. plans to maintain a posture of tough tional interest that requires that we Mr. President, at this point, I yield sanctions against Cuba. So any efforts interfere with that free right of travel. the remainder of my time. that might be undertaken to promote a I attended a conference, Asia Pacific Mr. BINGAMAN addressed the Chair. constructive and humanitarian engage- Forum, 2 weeks ago at the Kennedy The PRESIDING OFFICER. The Sen- ment with Cuba, or at least some level School in Boston. There were some ator from New Mexico. of humanitarian assistance to those in Chinese leaders there and some Korean AMENDMENT NO. 895 need in Cuba, all of that has been put leaders and some Japanese leaders, and (Purpose: To restore to United States citi- aside and lost, unfortunately, in our I was struck by the story that I heard zens and residents the right of travel to discussion of Cuban-American rela- from one of the Chinese leaders, the Cuba) tions. head of the Chinese delegation. He had Mr. BINGAMAN. Mr. President, I When the Helms–Burton Act passed been one of those singled out for abuse send an amendment to the desk and the Congress, Walter Russell Mead during the cultural revolution when ask for its immediate consideration. wrote an article in the New Yorker that occurred in China a couple of dec- The PRESIDING OFFICER. Is there that I think sums things up pretty ades ago. objection to laying aside the pending well. He said: He was taken from his hometown, amendment? Without objection, it is so from Beijing, at that time where he Fidel Castro has survived the enmity of was a prominent leader in the univer- ordered. nine American Presidents. In concert with The clerk will report. his enemies in South Florida, he retains a sity, and he was sent to a very remote The legislative clerk read as follows: hypnotic ability to induce stupidity in Yan- part of China and forced to work there. The Senator from New Mexico [Mr. BINGA- kee policymakers. That seems unlikely to He worked in a factory for 10 years dur- MAN] proposes an amendment numbered 895. change until the U.S. Government gets ing the cultural revolution in a very July 16, 1997 CONGRESSIONAL RECORD — SENATE S7535 lowly position. At the end of the cul- see if we can’t get more support. Let Mr. President, the third part of this tural revolution, he was allowed to me, at this point, Mr. President, with- amendment says that: take a more responsible position and, draw my amendment and send another (3) the United States Government shall not once again, begin to demonstrate and amendment to the desk and ask for its be prohibited from participating in humani- use his talents, but he stayed in that consideration. tarian relief efforts of multilateral organiza- factory for an additional 5 years after The PRESIDING OFFICER. The Sen- tions of which the United States is a mem- the 10 years that was required during ator has a right to withdraw his ber, where such humanitarian relief efforts the cultural revolution. are made in the aftermath of a natural disas- amendment. ter on the island of Cuba. I asked, ‘‘Why did you stay in that The amendment (No. 895) was with- part of China? Why didn’t you come drawn. So this amendment that is now pend- ing before the Senate would do these back to Beijing?″ AMENDMENT NO. 896 He said, ‘‘I didn’t have a permit. I three things: It would allow a modest (Purpose: To provide for Cuban-American amount of funds to be sent by a U.S. wasn’t permitted to travel.’’ You family humanitarian support and compas- couldn’t just travel. You weren’t per- sionate travel) citizen or resident to their family, for mitted, at that time at least, to travel Mr. BINGAMAN. Mr. President, I purposes of basic necessities—food, in China without a permit. send another amendment to the desk clothing, supplies, rent, medicines, and Mr. President, that refusal to allow and ask that it be considered. medical care—not to exceed $200 per people to travel is characteristic of The PRESIDING OFFICER. The month. Second, it would provide this oppor- Communist, authoritarian regimes. It clerk will report. is not characteristic of the United The assistant legislative clerk read tunity to return to Cuba for up to 30 States. It should not be our policy to as follows: days, again, by someone who has a rel- keep American citizens and American ative, a parent or a sibling or a spouse The Senator from New Mexico [Mr. BINGA- or a child still in Cuba. And third, it residents from traveling, except where MAN] proposes an amendment numbered 896. national security requires it. Clearly, would allow the United States Govern- Mr. BINGAMAN. Mr. President, I ask there is no national security justifica- ment to participate in humanitarian unanimous consent that the reading of tion for us continuing to prevent travel relief efforts if there is a natural disas- the amendment be dispensed with. to Cuba by Americans today. ter on the island of Cuba, and partici- Let me also just point out this re- The PRESIDING OFFICER. Without pate in those relief efforts through striction against travel is an invitation objection, it is so ordered. multilateral organizations, not unilat- The amendment is as follows: to abuse. We have a lot of people in erally, but through multilateral orga- business in this country, in Canada, in SEC. . PROTECTION OF HUMANITARIAN EF- nizations. Mexico and in various nearby countries FORTS. None of these provisions threaten the who make it their business to facilitate Notwithstanding any provision of law to national security of the United States. the contrary, travel to Cuba by United States citi- (1) no person subject to U.S. law as it per- These are extremely modest ways that zens. tains to expenditures of money in Cuba shall we can enhance the person-to-person We made a little search of the Web. be prohibited from sending to his or her par- contact and humanitarian assistance You are supposed to search the Web ent, sibling, spouse, or child currently resid- which can begin to take United States- whenever you want to find out any- ing in Cuba small amounts of money (not to Cuban relations in a positive direction. thing these days. So we got on the exceed $200 per month) to be used for the None of these provisions violate the Internet. Here is a provision, Intra purchase of basic necessities, including food, spirit of the economic embargo that we Kensington Travel. It says: ‘‘Cuba trav- clothing, household supplies, rent, medi- have had in place these 35 years, al- el for U.S. citizens. U.S. citizens hold- cines, and medical care; (2) each person subject to U.S. law as it though I must acknowledge that I ing valid passports are welcomed as pertains to expenditures of money in Cuba in think that economic embargo at this visitors to Cuba for purposes of tour- relation to travel to Cuba shall be free to stage in our history is a mistake. None ism. Many U.S. citizens visit Cuba each travel without limitation for periods not to of what I am proposing here interferes year for this purpose.’’ exceed 30 days per any one trip to attend to with that economic embargo. None of This is what the advertisement on a medical emergency involving, or to attend these provisions help Castro to galva- the Web said: ‘‘When you arrive in the funeral of, such person’s parent, sibling, nize his public against the United Cuba, ensure that your passport is not spouse, or child; and States. They may very well help erode (3) the United States government shall not stamped. Instead, have the Cuban im- the support that he has been able to migration officials stamp a separate be prohibited from participating in humani- tarian relief efforts of multilateral organiza- maintain during this last 35 years be- sheet of paper and be sure to bring this tions of which the United States is a mem- cause of the failed policy that we have with you, so your passport won’t be ber, where such humanitarian relief efforts pursued during that entire period. stamped. To avoid difficulty with U.S. are made in the aftermath of a natural disas- So I urge my colleagues to support Immigration and Customs authorities, ter on the island of Cuba. this amendment. I believe it is a worth- do not return to the United States with Mr. BINGAMAN. Mr. President, let while amendment and one that would any evidence that you have ever visited me describe the second of these amend- move us in a positive direction. Cuba. This would include cigars, rum, ments. It says, and I will just read it. Mr. President, we are coming on the souvenir T-shirts, postcards, tourist in- It is very short. It says: end of this entire century and millen- formation and other items.’’ Notwithstanding any other provision of nium, and sooner or later we need to Mr. President, this restriction is not law to the contrary, become realistic about the fact that enforceable. It is being abused. It is an (1) no person subject to U.S. law as it per- this other nation, Cuba, is 90 miles embarrassment to a great nation like tains to expenditures of money in Cuba shall from our border, and we need to try to ours that we have this restriction in be prohibited from sending to his or her par- develop a more constructive relation- our law. I believe strongly that we ent, sibling, spouse or child currently resid- ship. should eliminate it. The amendment I ing in Cuba small amounts of money (not to This provision would help Cuban- sent to the desk would do that. exceed $200 per month) to be used for the purchase of basic necessities, including food, American citizens in particular, but Let me also say, though, for purposes would begin to move us toward a con- of reality in the Senate, that we have clothing, household supplies, rent, medicines and medical care; structive relationship. I urge its sup- had a vote on this amendment before, port, and I yield the floor. essentially this same amendment. That is the first part. The second part: Mr. STEVENS addressed the Chair. Former Senator Simon from Illinois of- The PRESIDING OFFICER. The Sen- fered this same amendment in the last (2) each person subject to U.S. law as per- ator from Alaska. Congress. I supported his efforts. I am tains to expenditures of money in Cuba in re- lation to travel to Cuba shall be free to trav- Mr. STEVENS. Mr. President, is sad to report that we only received 25 el without limitation for periods not to ex- there a vote scheduled at 2? votes for the effort to eliminate these ceed 30 days per any one trip to attend to a The PRESIDING OFFICER. The Sen- restrictions. medical emergency involving, or to attend ator is correct. So this year, Mr. President, I would the funeral of, such person’s parent, sibling, Mr. STEVENS. Does the Senator like to offer a different amendment and spouse or child . . . wish to speak on this amendment? S7536 CONGRESSIONAL RECORD — SENATE July 16, 1997 Mr. BROWNBACK. Not on this Caucasus, traversed much of the territory order the vote now occurs on amend- amendment. I have a separate amend- now within the countries of Armenia, Azer- ment No. 889 offered by the Senator ment I want to propose that the man- baijan, Georgia, Kazakstan, Kyrgyzstan, from Oregon. The yeas and nays have Tajikistan, Turkmenistan, and Uzbekistan. agers have agreed to. It is a sense-of- (2) Economic interdependence spurred mu- been ordered. the-Senate resolution. tual cooperation among the peoples along Mr. MCCONNELL. Mr. President, I Mr. STEVENS. I would like to speak the Silk Road and restoration of the historic understand that the Senator from Kan- for a couple of minutes—I know the relationships and economic ties between sas is only asking for a few minutes. Senator is seeking recognition—on the those peoples is an important element of en- Mr. BROWNBACK. That is correct. Smith of Oregon amendment before the suring their sovereignty as well as the suc- Mr. McCONNELL. I ask unanimous vote at 2. cess of democratic and market reforms. consent that the Senator from Kansas The PRESIDING OFFICER. The Sen- (3) The development of strong political and be given 5 minutes, and then the votes economic ties between countries of the ator from Alaska is recognized. commence then. South Caucasus and Central Asia and the The PRESIDING OFFICER. Is there AMENDMENT NO. 889 West will foster stability in the region. objection to the unanimous consent re- Mr. STEVENS. Mr. President, I sup- (4) The development of open market econo- quest? port the Smith amendment, and I re- mies and open democratic systems in the countries of the South Caucasus and Central Mr. LEAHY. Reserving the right to mind the Senate that at the time of object, and I will not object, if we are the great upheaval in the Soviet Union, Asia will provide positive incentives of inter- national private investment, increased going to do that, the distinguished when the tanks rolled into Red Square, trade, and other forms of commercial inter- Senator from Virginia wanted an equal there was a group of people that was actions with the rest of the world. amount of time. prodemocracy from throughout the (5) The Caspian Sea Basin, overlapping the Mr. MCCAIN. I object. world which carried Bibles into that territory of the countries of the South The PRESIDING OFFICER. Objec- square and literally handed them out Caucasus and Central Asia, contains proven tion is heard. to the drivers of the tanks which were oil and gas reserves that may exceed The question is on agreeing to $4,000,000,000,000 in value. coming into Red Square, supposedly to (6) The region of the South Caucasus and amendment No. 889. The yeas and nays dislodge the new government. Central Asia will produce oil and gas in suffi- have been ordered. The clerk will call While I was chairman of the Presi- cient quantities to reduce the dependence of the roll. dential prayer group one year, I asked the United States on energy from the vola- The assistant legislative clerk called our former great symphony director, tile Persian Gulf region. the roll. Rostropovich, to come and tell about (7) United States foreign policy and inter- Mr. NICKLES. I announce that the his experience there. He told us of national assistance should be narrowly tar- Senator from Montana [Mr. BURNS] is these people coming into the square geted to support the economic and political necessarily absent. independence of the countries of the South I further announce that, if present and handing out those Bibles. Caucasus and Central Asia. What is happening now in Russia is a (b) SENSE OF THE SENATE.—It is the sense and voting, the Senator from Montana direct reversal of the open-door policy of the Senate that the policy of the United [Mr. BURNS] would vote ‘‘yea.’’ for those people who believe that free- States in the countries of the South The PRESIDING OFFICER (Mr. dom of religion is an international Caucasus and Central Asia should be— GREGG). Are there any other Senators freedom. I do believe that the Senate (1) to promote sovereignty and independ- in the Chamber desiring to vote? should go on record in support of the ence with democratic government; The result was announced—yeas 95, (2) to assist actively in the resolution of nays 4, as follows: Smith amendment today. That is why I regional conflicts; urge its adoption at this time. (3) to promote friendly relations and eco- [Rollcall Vote No. 178 Leg.] Mr. BROWNBACK addressed the nomic cooperation; and YEAS—95 Chair. (4) to help promote market-oriented prin- Abraham Feinstein Mack The PRESIDING OFFICER. The Sen- ciples and practices; Akaka Ford McCain (5) to assist in the development of infra- ator from Kansas. Allard Frist McConnell structure necessary for communications, Ashcroft Glenn Mikulski Mr. BROWNBACK. Thank you very transportation, and energy and trade on an Baucus Gorton Moseley-Braun much, Mr. President. East-West axis in order to build strong inter- Bennett Graham Moynihan Biden Gramm Murkowski AMENDMENT NO. 892 national relations and commerce between Bond Grams Murray (Purpose: To express the sense of the Senate those countries and the stable, democratic, Boxer Grassley Nickles regarding the targeting of assistance to and market-oriented countries of the Euro- Breaux Gregg Reed support the economic and political inde- Atlantic Community; and Brownback Hagel Reid pendence of the countries of the South (6) to support United States business inter- Bryan Harkin Robb Caucasus and Central Asia) ests and investments in the region. Bumpers Hatch Roberts Campbell Helms Rockefeller Mr. BROWNBACK. Mr. President, I (c) DEFINITION.—In this section, the term ‘‘countries of the South Caucasus and Chafee Hollings Roth ask unanimous consent that the pend- Central Asia’’ means Armenia, Azerbaijan, Cleland Hutchinson Santorum ing amendments be set aside so I can Coats Hutchison Sarbanes Georgia, Kazakstan, Kyrgystan, Tajikistan, Cochran Inhofe Sessions call up amendment No. 892. Turkmenistan, and Uzbekistan. Collins Inouye Shelby The PRESIDING OFFICER. Without Mr. BROWNBACK. Mr. President, Conrad Jeffords Smith (NH) objection, it is so ordered. The clerk this will just take a minute or two, be- Coverdell Johnson Smith (OR) will report the amendment. Craig Kempthorne Snowe cause the managers have agreed to this D’Amato Kennedy Specter The assistant legislative clerk read particular amendment. Daschle Kerry Stevens as follows: I know Senator SMITH has a very im- DeWine Kohl Thomas The Senator from Kansas [Mr. BROWNBACK] portant amendment that we are going Dodd Kyl Thompson proposes an amendment numbered 892. Domenici Landrieu Thurmond to be voting on, which I support. I Dorgan Lautenberg Torricelli Mr. BROWNBACK. Mr. President, I think he is in an absolute right posi- Durbin Leahy Warner ask unanimous consent that the read- tion to be stating in this amendment Enzi Levin Wellstone Faircloth Lieberman Wyden ing of the amendment be dispensed what our aid should be based on. Feingold Lott with. I rise today to bring to the Senate’s The PRESIDING OFFICER. Without attention in a sense-of-the-Senate reso- NAYS—4 objection, it is so ordered. lution another strategic important re- Bingaman Kerrey The amendment is as follows: gion of the world that is also being im- Byrd Lugar At the appropriate place in the bill, insert pacted by where it sits locationwise. NOT VOTING—1 the following: And these are countries that are Burns SEC. . SENSE OF THE SENATE REGARDING SUP- transversed by the Old Silk Road. The amendment (No. 889) was agreed PORT FOR COUNTRIES OF THE The PRESIDING OFFICER. The Sen- to. SOUTH CAUCASUS AND CENTRAL ator will suspend. ASIA. Mr. LEAHY. Mr. President, I move to Congress makes the following findings: VOTE ON AMENDMENT NO. 889 reconsider the vote. (1) The ancient Silk Road, once the eco- The PRESIDING OFFICER. The Mr. MCCONNELL. I move to lay it on nomic lifeline of Central Asia and the South Chair states that under the previous the table. July 16, 1997 CONGRESSIONAL RECORD — SENATE S7537 The motion to lay on the table was law and practices compared with the treat- even have a waiver provision in this agreed to. ment received by Israeli settlers. This in- amendment. I should think that there Mr. MCCONNELL. Is the SMITH un- cludes discrimination in residency, land and ought to be a waiver—a national secu- derlying amendment now the pending water use, and access to health and social rity waiver. The President should have services. business? an opportunity to waive this provision The PRESIDING OFFICER. The Reading from the same United States under certain conditions. That is not in question is on final passage of the en- State Department report, concerning this amendment. What I am saying, I ergy and water appropriations bill, religious minorities in Israel: certainly don’t say critically of the au- under a unanimous consent. In civic areas where religion is a determin- thor of the amendment. My senti- Mr. BYRD. Mr. President, I had ing criterion, such as the religious courts ments, I am sure, are much like his in and centers of education, non-Jewish institu- hoped to speak briefly before this last tions routinely receive less state support the overall. But I think we make the vote to explain my reasons for voting than their Jewish counterparts. The status mistake when we vote without really against the amendment. This is a po- of a number of Christian organizations with understanding what we are voting on litically sensitive vote, and I did not representation in Israel has heretofore been in a matter of this kind. This is a very have the opportunity to explain in ad- defined by a collection of ad hoc arrange- politically sensitive matter. It is pret- vance. ments with various government agencies. ty difficult to explain your vote I am sympathetic to the concerns of Several of these organizations are negotiat- against this kind of an amendment ing with the Government in an attempt to Senator SMITH with regard to religious —pretty difficult. formalize their status. minorities in Russia or anywhere else. Attempts to establish meaningful negotia- Finally, I note that there are other The effect of the law recently passed by tions are ongoing. diplomatic methods that can be used to the Russian Duma is to discriminate Another paragraph, under the subject deal with this problem. When the Unit- against any religious group not recog- of—this is very fine print, and I have ed States was concerned about Jewish nized by the Soviet Government in some difficulty reading it—‘‘National/ immigration from the Soviet Union, we 1982, which has the effect of recogniz- Racial/Ethnic Minorities.’’ The State were able to greatly increase such im- ing the rights only of Orthodox Chris- Department report says: migration by using quiet diplomacy. As tianity, Islam, Judaism, and Buddhism. The government— soon as the Congress enacted laws pub- This represents an onerous act of dis- licly attacking the Soviets on that Meaning the Israeli government— crimination against religious minori- matter, immigration was sharply re- ties within the Russian Federation. does not provide Israeli Arabs, who con- duced. stitute 18 percent of the population, with the I note that if the same standard in- same quality of education, housing, employ- The Smith amendment could well cluded in the Smith amendment was ment, and social services as Jews. Govern- have the same effect, and would only applied to all other nations, we would ment efforts to close the gaps between Isra- make matters worse for religious mi- be forced to terminate our foreign aid el’s Jewish and Arab citizens have resulted norities in Russia, as nationalist ele- to other key United States allies, in- in an estimated 180 percent increase in re- ments in the Duma may react in anger cluding Israel, Egypt, and Turkey. sources devoted to Arab communities be- to this action. These nations, along with others, could tween 1992 and 1996. Nevertheless, significant Mr. President, that is the expla- not pass the test included in the Smith differences remain. nation of my vote. amendment. This amendment, there- Now, Mr. President, I felt that Sen- I yield the floor. fore, discriminates against one nation, ators ought to know my reason, and I VITIATION OF YEAS AND NAYS ON AMENDMENT even while it claims that discrimina- certainly want my constituents to NO. 888 tion is its concern. Just as Russia know my reason, for voting against Mr. MCCONNELL. Mr. President, I should apply one standard in the case this amendment. I wanted to call to ask unanimous consent that the yeas of all religions, so should the United the attention of the Senate the prob- and nays be vitiated on amendment No. States apply one standard in the dis- lem here in rushing to vote on matters 888, as now amended. tribution of foreign aid with all other that we don’t clearly understand when The PRESIDING OFFICER. Without nations. we come to the well to vote. And I have objection, it is so ordered. Finally, I would note that there are that problem as much as anybody. But Mr. MCCONNELL. Mr. President, I other diplomatic methods that can be it seems to me there is some inconsist- ask unanimous consent that Senators used to deal with this problem. When ency here in handing out foreign aid— HELMS, D’AMATO, HATCH, and BENNETT the United States was concerned about the American taxpayers’ money. be added as cosponsors to the Smith Jewish emigration from the Soviet If foreign aid is going to be used as amendment. Union, we were able to greatly increase an enforcer of human rights, then we The PRESIDING OFFICER. Without such emigration by using quiet diplo- ought to be consistent. That is all I am objection, it is so ordered. macy. As soon as the Congress enacted saying. If we are going to be consist- f ent, my colleagues, remember that you laws publicly attacking the Soviets on ENERGY AND WATER DEVELOP- this matter, emigration was sharply re- may be asked one day to cut off aid to Israel, or to cut off aid to Turkey. Sen- MENT APPROPRIATIONS ACT, duced. The Smith amendment could 1998 well have the same effect, and would ators know that I have fought battles only make matters worse for religious on this floor here in support of Turkey, The Senate resumed consideration of minorities in Russia, as Nationalist and so I am not saying this with any the bill. elements in the Duma may react in animus whatsoever toward the recipi- The PRESIDING OFFICER. The anger to this action. ent countries; that is not it. I am just question now is on the energy and I am not a strong advocate of foreign calling attention to the fact that we water appropriations bill, S. 1004. aid. I don’t carry a brief for Russia, and voted, in this amendment, to apply an The yeas and nays have not been re- as far as believing that religion should ‘‘enforcer,’’ if I may use that term, quested. not be discriminated against, I don’t concerning human rights, and it is not Mr. DOMENICI. Mr. President, I ask think anyone in this Chamber would an enforcer tool that we apply consist- for the yeas and nays. feel more strongly than I. But let me ently across the board against our The PRESIDING OFFICER. Is there a read to Members what the annual friends. I don’t know how we can de- sufficient second? State Department report on human fend votes like this to the American There is a sufficient second. rights states in its report concerning people. The yeas and nays were ordered. I feel as strongly as anyone about re- Israel. Mr. REID. Mr. President, I am grate- ligion. I am not of the religious right ful for the work by so many to reach Section 5. Discrimination Based on Race, and I am not of the religious left. I conclusion on this most important ap- Sex, Religion, Disability, Language, or So- cial Status. don’t claim even to be a good man. My propriation bill. Under the complex mixture of laws and Scripture tells me that no man is Senator DOMENICI has been a real regulations that apply to the territories, good—but this is another matter. And I partner and I appreciate his openness Palestinians are disadvantaged under Israeli hope that Senators know that we don’t with me and my staff. S7538 CONGRESSIONAL RECORD — SENATE July 16, 1997 Alex Flint and David Gwaltney have dropower turbine design—commonly decade, the development of an alter- been easy to work with and have been referred to as the ‘‘fish-friendly hydro- native technology will be essential to essential to final passage of this bill. power program.’’ maintaining electric generating capac- Minority clerk Greg Daines has ren- In the Snake and Columbia Rivers, ity. dered invaluable service to me and the dams and turbines generate energy This is not the time to end a promis- country in helping develop this legisla- that fuel the Northwest economy. But ing, environmentally sound and tech- tion. Elizabeth Blevins on the minority while these facilities are used by this nologically efficient tool in our Na- side has been most helpful. Bob Perret, Nation for a tremendous good they also tion’s energy arsenal. We cannot in a congressional fellow, has rendered are, in part, responsible for the death good conscience end funding for this valuable assistance to me with his sci- and injury of critically endangered program while the numbers of salmon entific background. salmon. Some young salmon on their stocks remain at their critically low I look forward to a quick conference way to the ocean pass through the levels. and a speedy signature by the Presi- slowly moving turbine blades. The tur- TENNESSEE VALLEY AUTHORITY dent. bulence caused by the blades can and Mr. JEFFORDS. Mr. President, the DISPOSITION OF EXCESS PLUTONIUM does injure some of these fish. This Na- Tennessee Valley Authority was cre- Mr. GORTON. Mr. President, I rise to tion has spent well over a billion dol- ated as part of the New Deal to bring engage in a colloquy with the distin- lars to save salmon as a result of the economic development and electricity guished chairman and ranking member Endangered Species Act. Stocks of to the Tennessee Valley. Much has of the subcommittee regarding an issue salmon continue to decline causing changed since the 1930’s. Fortunately, that has been underscored in the House some to suggest removing the dams al- rural Americans now enjoy electricity, report and deserves similar recognition together. In light of this it seems and the economy of the Tennessee Val- within this distinguished body. The amazing that we are in the process of ley has improved significantly. That issue concerns the Department of Ener- removing funding from a promising region’s economy, in fact, is doing gy’s program for disposition of excess technology that will save salmon and quite well and now is home to industry weapons usable plutonium. This pro- improve the efficiency of this renew- and businesses like Saturn Automotive gram, managed by the Department’s able energy resource. and Gateway Computer. It’s time for Office of Fissile Materials Disposition, Phase I of the project—the concep- TVA to change, too. is an important cornerstone of inter- tual/engineering designs—has been Over the past six decades, TVA has national efforts related to arms reduc- completed. Phase II needs to be funded become, by its own measure, the Na- tion, nonproliferation, and world peace. for us to realize the benefits of the tion’s largest electric utility company, It is a relatively new program within money already spent, and to provide providing some of the cheapest elec- the Department, and one that deserves the Nation with modern, environ- tricity in the Nation. TVA’s current special recognition by this body and mentally sound technology. managers are trying aggressively to our unconditional support. We simply can no longer afford to use prepare this giant government-owned Mr. CRAIG. Mr. President, I rise in 50-year-old hydropower technology in a utility for the competition that may support of the gentleman from Wash- 21st century energy environment. We result from deregulation. Earlier this ington State and to add my request must learn to balance our environ- year, in testimony before the Energy that this body go on record in clear mental concerns with safe and clean and Water Development Appropriations support of the Department’s Plutonium energy development. Subcommittee, TVA’s Chairman ar- Disposition Program. In particular, the Preliminary work indicates that a gued that, in order to help prepare for Department should be commended for well-focused R&D program can achieve this competition, the direct Federal all its fine work leading to the January major innovations in the design of en- appropriation to TVA should end. In Record of Decision, which chose two vironmentally sound hydropower tur- fact, he stated, ‘‘With your help, we options for the disposition of the excess bines. For the last several years we can end taxpayer funding of TVA ap- weapons plutonium. These two op- have been pursuing a program funded propriated programs and begin a new tions—immobilization and use of mixed by the hydropower industry with a era for TVA.’’ It is my understanding oxide [MOx] fuel in existing reactors— modest contribution from energy and that the Energy and Water Develop- will set the pace for parallel activities water development appropriations. ment Appropriations Subcommittee in the former Soviet Union. We should This amendment will continue that has voted to codify that request. encourage the Department now to im- program into the development of a bio- Reforming TVA should no longer be a plement this decision in an expeditious logical design. controversial activity. More and more manner, for the sake of world peace The U.S. hydropower industry raised lawmakers have introduced bills to re- and stability. In particular, we under- $500,000 of its own funds to invest in think the giant agency as we look to- stand that the Department intends to phase I of this program. They can be ward a deregulated electricity industry begin the process of selecting the suite expected to continue to contribute to and a balanced Federal budget. Even of industrial partners that will carry this program in phase II. TVA’s Chair, as mentioned before, has out the MOx Program. I look forward to Hydropower is the Nation’s leading stated that the agency should forego the fruits of that labor, and strongly renewable energy source, producing 85 its $106 million annual appropriation. encourage the Department to move out percent of the U.S. renewable energy TVA’s former chief financial officer expeditiously. Accomplishments in this capacity and 13 percent of all U.S. elec- has gone further, arguing that the Fed- program can do a lot toward world se- tric generation. In the Pacific North- eral Government should sell TVA. Sale, curity, not to mention what it can do west States of Montana, Idaho, Oregon, he argues, would generate big savings for DOE’s image and reputation at and Washington 60 percent of electrical for taxpayers; reduce the Federal debt; home and abroad. usage depends on hydropower. In the provide a model for privatization; and Mr. DOMENICI. I thank my col- South and Northeast, hydropower re- move one of the largest electric compa- leagues for highlighting this important mains an integral part of electrical en- nies out from under the burden of Fed- program before the Senate as a whole, ergy supplies. The Clinton administra- eral bureaucracy into the private sec- and I add my concurrence to the senti- tion’s climate change action plan iden- tor, where it would pay taxes. ments expressed. tified a continued and expanding role Mr. President, I urge my Senate col- Mr. REID. I, too, appreciate the for emission free hydropower in sus- leagues who will sit on the conference thoughtful remarks of my colleagues tainable development. With proper committee to take a first step toward and add my support. siting and sound technology, the De- reforming TVA by eliminating the ADVANCED HYDROPOWER TURBINE DESIGN partment of Energy estimates hydro- agency’s entire appropriation. I also Mr. KEMPTHORNE. Mr. President, power can increase U.S. energy inde- urge my colleagues to consider more yesterday the managers accepted my pendence and opportunities for sustain- substantial changes to TVA in the con- amendment No. 870. The amendment able development in the United States text of reducing taxpayer subsidies and will continue funding for an ongoing and worldwide. With over 100 hydro fa- opening the electricity market to true shared-cost research program for hy- cilities being relicensed over the next competition. July 16, 1997 CONGRESSIONAL RECORD — SENATE S7539 Mr. STEVENS. Mr. President, I hope detailed studies and plans and specifications Upper Mingo County (Levisa and Tug all Senators will support the work of of projects prior to construction, $164,065,000, Forks of the Big Sandy River and Upper Senator DOMENICI and Senator REID. to remain available until expended, of which Cumberland River), West Virginia, $3,000,000; The PRESIDING OFFICER. The funds are provided for the following projects Levisa Basin Flood Warning System in the amounts specified: (Levisa and Tug Forks of the Big Sandy question is, ‘‘Shall the bill pass?’’ The Norco Bluffs, California, $200,000; River and Upper Cumberland River), Ken- yeas and nays have been ordered. The Laulaulei, Hawaii, $200,000; tucky, $400,000; clerk will call the roll. Tahoe Basin Study, Nevada and California, Tug Fork Basin Flood Warning System The legislative clerk called the roll. $320,000; and (Levisa and Tug Forks of the Big Sandy Mr. NICKLES. I announce that the Barnegat Inlet to Little Egg Harbor Inlet, River and Upper Cumberland River), West Senator from Montana [Mr. BURNS] is New Jersey, $400,000: Provided, That the Sec- Virginia, $400,000; and necessarily absent. retary of the Army, acting through the Chief Wayne County (Levisa and Tug Forks of I further announce that, if present of Engineers, may use $200,000 of funding ap- the Big Sandy River and Upper Cumberland River), West Virginia, $1,200,000: Provided fur- and voting, the Senator from Montana propriated herein to initiate preconstruction engineering and design for the Delaware ther, That the Secretary of the Army is di- [Mr. BURNS] would vote ‘‘yea.’’ Coast from Cape Henlopen to Fenwick Is- rected to design and implement at full Fed- The PRESIDING OFFICER. Are there land, Delaware project. eral expense an early flood warning system any other Senators in the Chamber de- for the Tug Fork and Levisa Basins, West siring to vote? CONSTRUCTION, GENERAL Virginia and Kentucky, within eighteen months of the date of enactment of this Act: The result was announced—yeas 99, For the prosecution of river and harbor, Provided further, That the Secretary of the nays 0, as follows: flood control, shore protection, and related Army, acting through the Chief of Engineers, projects authorized by laws; and detailed [Rollcall Vote No. 179 Leg.] is directed to combine the Wilmington Har- studies, and plans and specifications, of YEAS—99 bor-Northeast Cape Fear River authorized by projects (including those for development the Water Resource Development Act of 1986, Abraham Feingold Lott with participation or under consideration for section 202(a), the Wilmington Harbor Chan- Akaka Feinstein Lugar participation by States, local governments, Allard Ford Mack nel Widening authorized by the Water Re- Ashcroft Frist McCain or private groups) authorized or made eligi- sources Development Act of 1986, section Baucus Glenn McConnell ble for selection by law (but such studies 101(a)(23), and the Cape Fear-Northeast (Cape Bennett Gorton Mikulski shall not constitute a commitment of the Fear) River authorized by the Water Re- Biden Graham Moseley-Braun Government to construction), $1,284,266,000, source Development Act of 1996, section Bingaman Gramm Moynihan to remain available until expended, of which Bond Grams Murkowski 101(a)(22), North Carolina projects into one such sums as are necessary pursuant to Pub- project with one project cooperation agree- Boxer Grassley Murray lic Law 99–662 shall be derived from the In- Breaux Gregg Nickles ment based on cost sharing as a single Brownback Hagel Reed land Waterways Trust Fund, for one-half of project and that with $2,430,000 of the funds Bryan Harkin Reid the costs of construction and rehabilitation appropriated herein, is directed to continue Bumpers Hatch Robb of inland waterways projects, including reha- design and initiate construction of the com- Byrd Helms Roberts bilitation costs for the Lock and Dam 25, bined project: Provided further, That the Sec- Campbell Hollings Rockefeller Mississippi River, Illinois and Missouri, Chafee Hutchinson Roth retary of the Army, acting through the Chief Lock and Dam 14, Mississippi River, Iowa, of Engineers, is directed to use $15,000,000 of Cleland Hutchison Santorum Lock and Dam 24, Mississippi River, Illinois Coats Inhofe Sarbanes the funds appropriated herein to initiate Cochran Inouye Sessions and Missouri, and Lock and Dam 3, Mis- construction of the Houston-Galveston Navi- Collins Jeffords Shelby sissippi River, Minnesota, projects, and of gation Channels, Texas, project and execute Conrad Johnson Smith (NH) which funds are provided for the following a Project Cooperation Agreement for the en- Coverdell Kempthorne Smith (OR) projects in the amounts specified: tire project authorized in the Water Re- Craig Kennedy Snowe Arkansas River, Tucker Creek, Arkansas, sources Development Act of 1996, Public law D’Amato Kerrey Specter $300,000; 104–303: Provided further, That the Assistant Daschle Kerry Stevens Red River Emergency Bank Protection, DeWine Kohl Thomas Secretary of the Army for Civil Works shall Dodd Kyl Thompson Arkansas, $3,500,000; consider the recommendations of the Special Domenici Landrieu Thurmond Panama City Beaches, Florida, $5,000,000; Reevaluation Report for the McCook Res- Dorgan Lautenberg Torricelli Harlan (Levisa and Tug Forks of the Big ervoir as developed by the Corps of Engineers Durbin Leahy Warner Sandy River and Upper Cumberland River), Chicago District: Provided further, That the Enzi Levin Wellstone Kentucky, $18,000,000; Secretary of the Army, acting through the Faircloth Lieberman Wyden Martin County (Levisa and Tug Forks of Chief of Engineers, may use up to $5,000,000 NOT VOTING—1 the Big Sandy River and Upper Cumberland of the funding appropriated herein to initiate Burns River), Kentucky, $5,500,000; construction of an emergency outlet from Middlesboro (Levisa and Tug Forks of the Devils Lake, North Dakota, to the Sheyenne The bill (S. 1004), as amended, was Big Sandy River and Upper Cumberland River, and that this amount is designated by passed, as follows: River), Kentucky, $7,200,000; Congress as an emergency requirement pur- S. 1004 Pike County (Levisa and Tug Forks of the suant to section 251(b)(2)(D)(i) of the Bal- Be it enacted by the Senate and House of Rep- Big Sandy River and Upper Cumberland anced Budget and Emergency Deficit Control resentatives of the United States of America in River), Kentucky, $5,800,000; Act of 1985 (2 U.S.C. 901(b)(2)(D)(i)); except Congress assembled, That the following sums Town of Martin (Levisa and Tug Forks of that funds shall not become available unless are appropriated, out of any money in the the Big Sandy River and Upper Cumberland the Secretary of the Army determines that Treasury not otherwise appropriated, for the River), Kentucky, $700,000; an emergency (as defined in section 102 of fiscal year ending September 30, 1998, for en- Williamsburg (Levisa and Tug Forks of the the Robert T. Stafford Disaster Relief and ergy and water development, and for other Big Sandy River and Upper Cumberland Emergency Assistance Act (42 U.S.C. 5122)) purposes, namely: River), Kentucky, $4,690,000; exists with respect to the emergency need Lake Ponchartrain Stormwater Discharge, for the outlet and reports to Congress that TITLE I Louisiana, $3,000,000; the construction is technically sound, eco- DEPARTMENT OF DEFENSE—CIVIL Natchez Bluff, Mississippi, $4,000,000; nomically justified, and environmentally ac- DEPARTMENT OF THE ARMY Jackson County, Mississippi (Water Sup- ceptable and in compliance with the Na- CORPS OF ENGINEERS—CIVIL ply), $3,000,000; tional Environmental Policy Act of 1969 (42 Pearl River, Mississippi (Walkiah Bluff), U.S.C. 4321 et seq.): Provided further, That the The following appropriations shall be ex- $2,000,000; economic justification for the emergency pended under the direction of the Secretary Wallisville Lake, Texas, $10,000,000; outlet shall be prepared in accordance with of the Army and the supervision of the Chief Virginia Beach, Virginia (Reimbursement), the principles and guidelines for economic of Engineers for authorized civil functions of $925,000; evaluation as required by regulations and the Department of the Army pertaining to Virginia Beach, Virginia (Hurricane Pro- procedures of the Army Corps of Engineers rivers and harbors, flood control, beach ero- tection), $15,000,000; for all flood control projects, and that the sion, and related purposes. Hatfield Bottom (Levisa and Tug Forks of economic justification be fully described, in- GENERAL INVESTIGATIONS the Big Sandy River and Upper Cumberland cluding the analysis of the benefits and For expenses necessary for the collection River), West Virginia, $1,000,000; costs, in the project plan documents: Pro- and study of basic information pertaining to Lower Mingo (Kermit) (Levisa and Tug vided further, That the plans for the emer- river and harbor, flood control, shore protec- Forks of the Big Sandy River and Upper gency outlet shall be reviewed and, to be ef- tion, and related projects, restudy of author- Cumberland River), West Virginia, $6,300,000; fective, shall contain assurances provided by ized projects, miscellaneous investigations, Lower Mingo, West Virginia, Tributaries the Secretary of State, after consultation and, when authorized by laws, surveys and Supplement, $150,000; with the International Joint Commission, S7540 CONGRESSIONAL RECORD — SENATE July 16, 1997

that the project will not violate the require- REGULATORY PROGRAM ties; water supply, storage, treatment and ments or intent of the Treaty Between the For expenses necessary for administration distribution facilities; and development, res- United States and Great Britain Relating to of laws pertaining to regulation of navigable toration or improvement of wetlands and Boundary Waters Between the United States waters and wetlands, $106,000,000, to remain other aquatic areas for the purpose of protec- and Canada, signed at Washington January available until expended. tion or development of surface water re- 11, 1909 (36 Stat. 2448; TS 548) (commonly FLOOD CONTROL AND COASTAL EMERGENCIES sources: Provided, That the non-Federal in- known as the ‘‘Boundary Waters Treaty of terest shall enter into a binding agreement For expenses necessary for emergency 1909’’): Provided further, That the Secretary with the Secretary wherein the non-Federal flood control, hurricane, and shore protec- of the Army shall submit the final plans and interest will provide all lands, easements, tion activities, as authorized by section 5 of other documents for the emergency outlet to rights-of-way, relocations, and dredge mate- the Flood Control Act approved August 18, Congress: Provided further, That no funds rial disposal areas required for the project, 1941, as amended, $10,000,000, to remain avail- made available under this Act or any other and pay 50 per centum of the costs of re- able until expended: That, using Act for any fiscal year may be used by the Provided, quired feasibility studies, 25 per centum of funds appropriated in this Act, the Secretary Secretary of the Army to carry out the por- the costs of designing and constructing the of the Army may construct the Ten and Fif- tion of the feasibility study of the Devils project, and 100 per centum of the costs of teen Mile Bayou channel enlargement as an Lake Basin, North Dakota, authorized under operation, maintenance, repair, replacement integral part of the work accomplished on the Energy and Water Development Appro- or rehabilitation of the project: Provided fur- the St. Francis Basis, Arkansas and Missouri priations Act, 1993 (Public Law 102–377), that ther, That the value of lands, easements, Project, authorized by the Flood Control Act addresses the needs of the area for stabilized rights-of-way, relocations and dredged mate- of 1950. lake levels through inlet controls, or to oth- rial disposal areas provided by the non-Fed- erwise study any facility or carry out any GENERAL EXPENSES eral interest shall be credited toward the activity that would permit the transfer of For expenses necessary for general admin- non-Federal share, not to exceed 25 per cen- water from the Missouri River Basin into istration and related functions in the Office tum, of the costs of dredging and construct- Devils Lake. of the Chief of Engineers and offices of the ing the project: Provided further, That here- FLOOD CONTROL, MISSISSIPPI RIVER AND TRIB- Division Engineers; activities of the Coastal after the Federal share of the costs of each of UTARIES, ARKANSAS, ILLINOIS, KENTUCKY, Engineering Research Board, the Humphreys the individual projects undertaken shall not LOUISIANA, MISSISSIPPI, MISSOURI, AND TEN- Engineer Center Support Activity, the Engi- exceed $5,000,000: Provided further, That uti- NESSEE neering Strategic Studies Center, the Water lizing $10,000,000 of the funds appropriated For expenses necessary for prosecuting Resources Support Center, the USACE Fi- herein, the Secretary is directed to carry out work of flood control, and rescue work, re- nance Center and for costs of implementing this section. pair, restoration, or maintenance of flood the Secretary of the Army’s plan to reduce SEC. 103. GREEN BROOK SUB-BASIN FLOOD control projects threatened or destroyed by the number of division offices as directed in CONTROL PROJECT, NEW JERSEY.—No funds flood, as authorized by law (33 U.S.C. 702a, title I, Public Law 104–46, $148,000,000, to re- made available under this Act or any other 702g–1), $289,000,000, to remain available until main available until expended: Provided, Act for any fiscal year may be used by the expended: Provided, That notwithstanding That no part of any other appropriation pro- Secretary of the Army to carry out any plan the funding limitations set forth in Public vided in title I of this Act shall be available for, or otherwise construct, the Oak Way de- Law 104–6 (109 Stat. 85), the Secretary of the to fund the activities of the Office of the tention structure or the Sky Top detention Army, acting through the Chief of Engineers, Chief of Engineers or the executive direction structure in Berkeley Heights, New Jersey, is authorized and directed to use additional and management activities of the Division as part of the project for flood control, Green funds appropriated herein or previously ap- Offices. Brook Sub-basin, Raritan River Basin, New propriated to complete remedial measures to REVOLVING FUND Jersey, authorized by section 401(a) of the Water Resources Development Act of 1986 prevent slope instability at Hickman Bluff, Amounts in the Revolving Fund may be (Public Law 99–662; 100 Stat. 4119). Kentucky. used to construct a 17,000 square foot addi- SEC. 104. GREAT LAKES BASIN.—No funds OPERATION AND MAINTENANCE, GENERAL tion to the United States Army Corps of En- made available under this Act may be used For expenses necessary for the preserva- gineers Alaska District main office building by the Secretary of the Army to consider tion, operation, maintenance, and care of ex- on Elemendorf Air Force Base. The Revolv- any application for a permit that, if granted, isting river and harbor, flood control, and re- ing Fund shall be reimbursed for such fund- would result in the diversion of ground water lated works, including such sums as may be ing from the benefitting appropriations by from the Great Lakes Basin. necessary for the maintenance of harbor collection each year of user fees sufficient to channels provided by a State, municipality repay the capitalized cost of the asset and to TITLE II or other public agency, outside of harbor operate and maintain the asset. DEPARTMENT OF THE INTERIOR lines, and serving essential needs of general ADMINISTRATIVE PROVISION CENTRAL UTAH PROJECT commerce and navigation; surveys and CENTRAL UTAH PROJECT COMPLETION ACCOUNT charting of northern and northwestern lakes Appropriations in this title shall be avail- For carrying out activities authorized by and connecting waters; clearing and able for official reception and representation straightening channels; and removal of ob- expenses (not to exceed $5,000); and during the Central Utah Project Completion Act, structions to navigation, $1,661,203,000, to re- the current fiscal year the revolving fund, Public Law 102–575 (106 Stat. 4605), and for main available until expended, of which such Corps of Engineers, shall be available for activities related to the Uintah and Upalco sums as become available in the Harbor purchase (not to exceed 100 for replacement Units authorized by 43 U.S.C. 620, $40,353,000, Maintenance Trust Fund, pursuant to Public only) and hire of passenger motor vehicles. to remain available until expended, of which Law 99–662, may be derived from that fund, GENERAL PROVISIONS $16,610,000 shall be deposited into the Utah Reclamation Mitigation and Conservation and of which such sums as become available CORPS OF ENGINEERS—CIVIL from the special account established by the Account: Provided, That of the amounts de- Land and Water Conservation Act of 1965, as SEC. 101. (a) In fiscal year 1998, the Sec- posited into that account, $5,000,000 shall be amended (16 U.S.C. 460l), may be derived retary of the Army shall advertise for com- considered the Federal contribution author- from that fund for construction, operation, petitive bid at least 8,500,000 cubic yards of ized by paragraph 402(b)(2) of the Central and maintenance of outdoor recreation fa- the hopper dredge volume accomplished with Utah Project Completion Act and $11,610,000 cilities, and of which funds are provided for government owned dredges in fiscal year shall be available to the Utah Reclamation the following projects in the amounts speci- 1992. Mitigation and Conservation Commission to fied: (b) Notwithstanding the provisions of this carry out activities authorized under that Beverly Shores, Indiana, $1,700,000: section, the Secretary is authorized to use Act. Provided, That no funds, whether appro- the dredge fleet of the Corps of Engineers to In addition, for necessary expenses in- priated, contributed, or otherwise provided, undertake projects when industry does not curred in carrying out responsibilities of the shall be available to the United States Army perform as required by the contract speci- Secretary of the Interior under that Act, Corps of Engineers for the purpose of acquir- fications or when the bids are more than 25 $800,000, to remain available until expended. ing land in Jasper County, South Carolina, percent in excess of what the Secretary de- BUREAU OF RECLAMATION termines to be a fair and reasonable esti- in connection with the Savannah Harbor For carrying out the functions of the Bu- mated cost of a well equipped contractor navigation project: Provided further, That the reau of Reclamation as provided in the Fed- doing the work or to respond to emergency Secretary of the Army, acting through the eral reclamation laws (Act of June 17, 1902, requirements. Chief of Engineers, is authorized and di- 32 Stat. 388, and Acts amendatory thereof or SEC. 102. In fiscal year 1998 and thereafter, rected to dredge a navigational channel in supplementary thereto) and other Acts appli- the Secretary of the Army is authorized and the Chena River at Fairbanks, Alaska from cable to that Bureau as follows: its confluence with the Tanana River up- directed to provide planning, design and con- stream to the University Road Bridge that struction assistance to non-Federal interests WATER AND RELATED RESOURCES will allow the safe passage during normal in carrying out water related environmental (INCLUDING TRANSFER OF FUNDS) water levels of vessels up to 350 feet in infrastructure and environmental resources For management, development, and res- length, 60 feet in width, and drafting up to 3 development projects, including assistance toration of water and related natural re- feet. for wastewater treatment and related facili- sources and for related activities, including July 16, 1997 CONGRESSIONAL RECORD — SENATE S7541 the operation, maintenance and rehabilita- of the Congressional Budget Act of 1974: Pro- TITLE III tion of reclamation and other facilities, par- vided further, That these funds are available DEPARTMENT OF ENERGY ticipation in fulfilling related Federal re- to subsidize gross obligations for the prin- NON-DEFENSE PROGRAMS sponsibilities to Native Americans, and re- cipal amount of direct loans not to exceed ENERGY RESEARCH lated grants to, and cooperative and other $31,000,000. For expenses of the Department of Energy agreements with, state and local govern- In addition, for administrative expenses activities including the purchase, construc- ments, Indian tribes, and others, to remain necessary to carry out the program for di- available until expended, $688,379,000, of tion and acquisition of plant and capital rect loans and/or grants, to remain available equipment and other expenses necessary for which $18,758,000 shall be available for trans- until expended, $425,000: Provided, That of the fer to the Upper Colorado River Basin Fund energy research in carrying out the purposes total sums appropriated, the amount of pro- of the Department of Energy Organization and $55,920,000 shall be available for transfer gram activities that can be financed by the to the Lower Colorado River Basin Develop- Act (42 U.S.C. 7101, et seq.), including the ac- Reclamation Fund shall be derived from that quisition or condemnation of any real prop- ment Fund, and of which such amounts as Fund. erty or any facility or for plant or facility may be necessary may be advanced to the CALIFORNIA BAY-DELTA ECOSYSTEM acquisition, construction, or expansion; pur- Colorado River Dam Fund: Provided, That RESTORATION chase of passenger motor vehicles (not to ex- such transfers may be increased or decreased ceed 13 for replacement only), $953,915,000, to within the overall appropriation under this For necessary expenses of the Department remain available until expended; and, in ad- heading: Provided further, That of the total of the Interior and other participating Fed- dition, $13,025,000 for energy assets acquisi- appropriated, the amount for program activi- eral agencies in carrying out the California tion, to remain available until expended: ties that can be financed by the Reclamation Bay-Delta Environmental Enhancement and Provided, That $1,500,000 of the funds appro- Fund or the Bureau of Reclamation special Water Security Act consistent with plans to priated herein may be used to continue the be approved by the Secretary of the Interior, fee account established by 16 U.S.C. 460l–6a(i) cost-shared, fish-friendly turbine program. shall be derived from that Fund or account: in consultation with such Federal agencies, Provided further, That funds contributed $50,000,000, to remain available until ex- ENVIRONMENTAL MANAGEMENT under 43 U.S.C. 395 are available until ex- pended, of which such amounts as may be (NONDEFENSE) pended for the purposes for which contrib- necessary to conform with such plans shall For Department of Energy expenses, in- uted: Provided further, That funds advanced be transferred to appropriate accounts of cluding the purchase, construction and ac- under 43 U.S.C. 397a shall be credited to this such Federal agencies: Provided, That such quisition of plant and capital equipment and account and are available until expended for funds may be obligated only as non-Federal other expenses necessary for nondefense en- the same purposes as the sums appropriated sources provide their share in accordance vironmental management activities in car- under this heading: Provided further, That with the cost-sharing agreement required rying out the purposes of the Department of using $500,000 of funds appropriated herein, under section 102(d) of such Act: Provided fur- Energy Organization Act (42 U.S.C. 7101, et the Secretary of the Interior shall undertake ther, That such funds may be obligated prior seq.), including the acquisition or condemna- a non-reimbursable project to install drains to the completion of a final programmatic tion of any real property or any facility or in the Pena Blanca area of New Mexico to environmental impact statement only if (1) for plant or facility acquisition, construc- prevent seepage from Cochiti Dam: Provided consistent with 40 C.F.R. 1506.1(c), and (2) tion, or expansion, $664,684,000, to remain further, That funds available for expenditure used for purposes that the Secretary finds available until expended: Provided, That for the Departmental Irrigation Drainage are of sufficiently high priority to warrant from funds available herein, the Department Program may be expended by the Bureau of such an expenditure. of Energy will assess the cost of decommis- sioning the Southwest Experimental Fast Reclamation for site remediation on a non- CENTRAL VALLEY PROJECT RESTORATION FUND reimbursable basis: Provided further, That Oxide Reactor site. section 10 of Public Law 89–108 as amended For carrying out the programs, projects, URANIUM ENRICHMENT DECONTAMINATION AND by section 8 of Public Law 99–294 and section plans, and habitat restoration, improvement, DECOMMISSIONING FUND 1701(b) of Public Law 102–575, is further and acquisition provisions of the Central For necessary expenses in carrying out amended by striking ‘‘$61,000,000’’ and insert- Valley Project Improvement Act, such sums uranium enrichment facility decontamina- ing in lieu thereof ‘‘$62,300,000’’: Provided fur- as may be collected in the Central Valley tion and decommissioning, remedial actions ther, That the unexpended balances of the Project Restoration Fund pursuant to sec- and other activities of title II of the Atomic Bureau of Reclamation appropriation ac- tions 3407(d), 3404(c)(3), 3405(f), and 3406(c)(1) Energy Act of 1954 and title X, subtitle A of counts for ‘‘Construction Program (Including of Public Law 102–575, to remain available the Energy Policy Act of 1992, $230,000,000, to Transfer of Funds)’’, ‘‘General Investiga- until expended: Provided, That the Bureau of be derived from the Fund, to remain avail- tions’’, ‘‘Emergency Fund’’, and ‘‘Operation Reclamation is directed to levy additional able until expended. mitigation and restoration payments total- and Maintenance’’ shall be transferred to NUCLEAR WASTE DISPOSAL FUND ing $25,130,000 (October 1992 price levels) on a and merged with this account, to be avail- For nuclear waste disposal activities to able for the purposes for which they origi- three-year rolling average basis, as author- ized by section 3407(d) of Public Law 102–575. carry out the purposes of Public Law 97–425, nally were appropriated: Provided further, as amended, including the acquisition of real That the Secretary of the Interior may use POLICY AND ADMINISTRATION property or facility construction or expan- $80,000 of funding appropriated herein to For necessary expenses of policy, adminis- sion, $160,000,000, to remain available until complete the feasibility study of alter- tration and related functions in the office of expended, to be derived from the Nuclear natives for meeting the drinking water needs the Commissioner, the Denver office, and of- Waste Fund; of which $4,000,000 shall be on the Cheyenne River Sioux Reservation fices in the five regions of the Bureau of Rec- available to the Nuclear Regulatory Com- and surrounding communities in South Da- lamation, to remain available until ex- mission to license a multi-purpose cannister kota: Provided further, That the Secretary of pended, $47,558,000, to be derived from the design; and of which not to exceed $1,500,000 the Interior may use $2,500,000 of funds ap- Reclamation Fund and be nonreimbursable may be provided to the State of Nevada, propriated herein to initiate construction of as provided in 43 U.S.C. 377: Provided, That no solely to conduct scientific oversight respon- the McCall Area Wastewater Reclamation part of any other appropriation in this Act sibilities pursuant to the Nuclear Waste Pol- and Reuse, Idaho project: Provided further, shall be available for activities or functions icy Act of 1982, (Public Law 97–425), as That the Secretary of the Interior may use budgeted as policy and administration ex- amended; and of which not to exceed $300,000 of funding appropriated herein to un- penses. $6,175,000 may be provided to affected local dertake feasibility planning studies and governments, as defined in Public Law 97– SPECIAL FUNDS other activities for the Ute Reservoir Pipe- 425, to conduct appropriate activities pursu- line (Quay County portion), New Mexico (TRANSFER OF FUNDS) ant to the Act: Provided further, That the dis- project: Provided further, That the Secretary Sums herein referred to as being derived tribution of the funds to the units of local of the Interior may use $185,000 of the fund- from the reclamation fund or special fee ac- government shall be determined by the De- ing appropriated herein for a feasibility count are appropriated from the special partment of Energy: Provided further, That study of alternatives for the Crow Creek funds in the Treasury created by the Act of the funds shall be made available to the Rural Water Supply System to meet the June 17, 1902 (43 U.S.C. 391) or the Act of De- State and units of local government by di- drinking water needs on the Crow Creek cember 22, 1987 (16 U.S.C. 460l–6a, as amend- rect payment: Provided further, That within Sioux Indian Reservation. ed), respectively. Such sums shall be trans- ninety days of the completion of each Fed- BUREAU OF RECLAMATION LOAN PROGRAM ferred, upon request of the Secretary, to be eral fiscal year, each State or local entity ACCOUNT merged with and expended under the heads shall provide certification to the Depart- For the cost of direct loans and/or grants, herein specified. ment of Energy, that all funds expended $10,000,000, to remain available until ex- from such payments have been expended for pended, as authorized by the Small Reclama- ADMINISTRATIVE PROVISION activities as defined in Public Law 97–425. tion Projects Act of August 6, 1956, as Appropriations for the Bureau of Reclama- Failure to provide such certification shall amended (43 U.S.C. 422a–422l): Provided, That tion shall be available for purchase of not to cause such entity to be prohibited from any such costs, including the cost of modifying exceed 6 passenger motor vehicles for re- further funding provided for similar activi- such loans, shall be as defined in section 502 placement only. ties: Provided further, That none of the funds S7542 CONGRESSIONAL RECORD — SENATE July 16, 1997

herein appropriated may be: (1) used directly by the Department of Defense according to OPERATION AND MAINTENANCE, SOUTHWESTERN or indirectly to influence legislative action procedures established for Work for Others POWER ADMINISTRATION on any matter pending before Congress or a by the Department of Energy. For necessary expenses of operation and State legislature or for lobbying activity as DEFENSE ENVIRONMENTAL RESTORATION AND maintenance of power transmission facilities provided in 18 U.S.C. 1913; (2) used for litiga- WASTE MANAGEMENT and of marketing electric power and energy, tion expenses; or (3) used to support For Department of Energy expenses, in- and for construction and acquisition of multistate efforts or other coalition building cluding the purchase, construction and ac- transmission lines, substations and appur- activities inconsistent with the restrictions quisition of plant and capital equipment and tenant facilities, and for administrative ex- contained in this Act. other expenses necessary for atomic energy penses, including official reception and rep- SCIENCE defense environmental restoration and waste resentation expenses in an amount not to ex- For expenses of the Department of Energy management activities in carrying out the ceed $1,500 in carrying out the provisions of activities including the purchase, construc- purposes of the Department of Energy Orga- section 5 of the Flood Control Act of 1944 (16 tion and acquisition of plant and capital nization Act (42 U.S.C. 7101, et seq.), includ- U.S.C. 825s), as applied to the southwestern equipment and other expenses necessary for ing the acquisition or condemnation of any power area, $26,500,000, to remain available general science and research activities in real property or any facility or for plant or until expended; in addition, notwithstanding carrying out the purposes of the Department facility acquisition, construction, or expan- the provisions of 31 U.S.C. 3302, not to exceed of Energy Organization Act (42 U.S.C. 7101, et sion; and the purchase of passenger motor $4,650,000 in reimbursements, to remain seq.), including the acquisition or condemna- vehicles (not to exceed 6 for replacement available until expended. only), $5,311,974,000, to remain available until tion of any real property or facility or for CONSTRUCTION, REHABILITATION, OPERATION expended, of which $65,000,000 shall be avail- plant or facility acquisition, construction, or AND MAINTENANCE, WESTERN AREA POWER expansion; and the purchase of 5 passenger able only for ‘‘Closure Projects’’ to acceler- ADMINISTRATION motor vehicles for replacement only, ate closure of specific facilities and thereby $2,084,567,000, to remain available until ex- significantly reduce outyear costs; and, in (INCLUDING TRANSFER OF FUNDS) pended; and, in addition, $138,510,000 science addition, $343,000,000 for privatization For carrying out the functions authorized assets acquisition, to remain available until projects, to remain available until expended. by title III, section 302(a)(1)(E) of the Act of expended. OTHER DEFENSE ACTIVITIES August 4, 1977 (42 U.S.C. 7101, et seq.), and DEPARTMENTAL ADMINISTRATION For Department of Energy expenses, in- other related activities including conserva- tion and renewable resources programs as For salaries and expenses of the Depart- cluding the purchase, construction and ac- authorized, including the replacement of not ment of Energy necessary for Departmental quisition of plant and capital equipment and more than 2 helicopters through transfers, Administration in carrying out the purposes other expenses necessary for atomic energy exchange, or sale, and official reception and of the Department of Energy Organization defense, other defense activities, in carrying representation expenses in an amount not to Act (42 U.S.C. 7101, et seq.), including the out the purposes of the Department of En- exceed $1,500, $180,334,000, to remain available hire of passenger motor vehicles and official ergy Organization Act (42 U.S.C. 7101, et until expended, of which $174,935,000 shall be reception and representation expenses (not seq.), including the acquisition or condemna- derived from the Department of the Interior to exceed $35,000), $220,847,000, to remain tion of any real property or any facility or Reclamation Fund: Provided, That of the available until expended, plus such addi- for plant or facility acquisition, construc- amount herein appropriated, $5,592,000 is for tional amounts as necessary to cover in- tion, or expansion, and the purchase of pas- deposit into the Utah Reclamation Mitiga- creases in the estimated amount of cost of senger motor vehicles (not to exceed 2 for re- tion and Conservation Account pursuant to work for others notwithstanding the provi- placement only), $1,637,981,000, to remain title IV of the Reclamation Projects Author- sions of the Anti-Deficiency Act (31 U.S.C. available until expended. ization and Adjustment Act of 1992: Provided 1511, et seq.): Provided, That such increases DEFENSE NUCLEAR WASTE DISPOSAL further, That the Secretary of the Treasury in cost of work are offset by revenue in- For nuclear waste disposal activities to is authorized to transfer from the Colorado creases of the same or greater amount, to re- carry out the purposes of Public Law 97–425, River Dam Fund to the Western Area Power main available until expended: Provided fur- as amended, including the acquisition of real Administration $5,592,000 to carry out the ther, That moneys received by the Depart- property or facility construction or expan- power marketing and transmission activities ment for miscellaneous revenues estimated sion, $190,000,000, to remain available until of the Boulder Canyon project as provided in to total $131,330,000 in fiscal year 1998 may be expended. section 104(a)(4) of the Hoover Power Plant retained and used for operating expenses POWER MARKETING ADMINISTRATIONS Act of 1984, to remain available until ex- within this account, and may remain avail- OPERATION AND MAINTENANCE, ALASKA POWER pended. able until expended, as authorized by section ADMINISTRATION 201 of Public Law 95–238, notwithstanding the FALCON AND AMISTAD OPERATING AND provisions of 31 U.S.C. 3302: Provided further, For necessary expenses of operation and MAINTENANCE FUND That the sum herein appropriated shall be maintenance of projects in Alaska and of marketing electric power and energy, For operation, maintenance, and emer- reduced by the amount of miscellaneous rev- gency costs for the hydroelectric facilities at enues received during fiscal year 1998 so as to $3,500,000, to remain available until ex- pended; and, in addition, $20,000,000 for cap- the Falcon and Amistad Dams, $1,065,000, to result in a final fiscal year 1998 appropria- remain available until expended, and to be tion from the General Fund estimated at not ital assets acquisition, to remain available until expended. derived from the Falcon and Amistad Oper- more than $89,517,000. ating and Maintenance Fund of the Western BONNEVILLE POWER ADMINISTRATION FUND OFFICE OF THE INSPECTOR GENERAL Area Power Administration, as provided in Expenditures from the Bonneville Power For necessary expenses of the Office of the section 423 of the Foreign Relations Author- Administration Fund, established pursuant ization Act, fiscal years 1994 and 1995. Inspector General in carrying out the provi- to Public Law 93–454, are approved for the sions of the Inspector General Act of 1978, as anadromous fish supplementation facilities FEDERAL ENERGY REGULATORY COMMISSION amended, $27,500,000, to remain available in the Yakima River Basin, Methow River SALARIES AND EXPENSES until expended. Basin and Upper Snake River Basin, for the For necessary expenses of the Federal En- ATOMIC ENERGY DEFENSE ACTIVITIES Billy Shaw Reservoir resident fish substi- ergy Regulatory Commission to carry out WEAPONS ACTIVITIES tution project, and for the resident trout fish the provisions of the Department of Energy For Department of Energy expenses, in- culture facility in southeast Idaho; and for Organization Act (42 U.S.C. 7101, et seq.), in- cluding the purchase, construction and ac- official reception and representation ex- cluding services as authorized by 5 U.S.C. quisition of plant and capital equipment and penses in an amount not to exceed $3,000. 3109, the hire of passenger motor vehicles, other expenses necessary for atomic energy During fiscal year 1998, no new direct loan and official reception and representation ex- defense weapons activities in carrying out obligations may be made. penses (not to exceed $3,000), $162,141,000, to the purposes of the Department of Energy OPERATION AND MAINTENANCE, SOUTHEASTERN remain available until expended: Provided, Organization Act (42 U.S.C. 7101, et seq.), in- POWER ADMINISTRATION That notwithstanding any other provision of cluding the acquisition or condemnation of For necessary expenses of operation and law, not to exceed $162,141,000 of revenues any real property or any facility or for plant maintenance of power transmission facilities from fees and annual charges, and other or facility acquisition, construction, or ex- and of marketing electric power and energy services and collections in fiscal year 1998 pansion; and the purchase of passenger pursuant to the provisions of section 5 of the shall be retained and used for necessary ex- motor vehicles (not to exceed 70 for replace- Flood Control Act of 1944 (16 U.S.C. 825s), as penses in this account, and shall remain ment only), $4,302,450,000, to remain available applied to the southeastern power area, available until expended: Provided further, until expended, of which $2,000,000 is provided $12,222,000, to remain available until ex- That the sum herein appropriated from the for improvements to Greenville Road in pended; in addition, notwithstanding 31 General Fund shall be reduced as revenues Livermore, California: Provided, That fund- U.S.C. 3302, not to exceed $20,000,000 in reim- are received during fiscal year 1998 so as to ing for any ballistic missile defense program bursements for transmission wheeling and result in a final fiscal year 1998 appropria- undertaken by the Department of Energy for ancillary services, to remain available until tion from the General Fund estimated at not the Department of Defense shall be provided expended. more than $0. July 16, 1997 CONGRESSIONAL RECORD — SENATE S7543

TITLE IV OFFICE OF INSPECTOR GENERAL (2) inserting in subsection (a) ‘‘planning, INDEPENDENT AGENCIES (INCLUDING TRANSFER OF FUNDS) design, and construction of the’’ following ‘‘to participate in the’’; and APPALACHIAN REGIONAL COMMISSION For necessary expenses of the Office of In- (3) inserting in subsection (a) ‘‘and non- For expenses necessary to carry out the spector General in carrying out the provi- potable surface water’’ following ‘‘impaired programs authorized by the Appalachian Re- sions of the Inspector General Act of 1978, as ground water’’. gional Development Act of 1965, as amended, amended, including services authorized by 5 SEC. 503. Section 1208(a)(2) of the Yavapai- notwithstanding section 405 of said Act, and U.S.C. 3109, $4,800,000, to remain available Prescott Indian Treaty Settlement Act of for necessary expenses for the Federal Co- until expended; and in addition, an amount 1994 (Public Law 103–434) is amended by Chairman and the alternate on the Appa- not to exceed 5 percent of this sum may be striking ‘‘$4,000,000 for construction’’ and in- lachian Regional Commission and for pay- transferred from Salaries and Expenses, Nu- serting in lieu thereof ‘‘$13,000,000, at 1997 ment of the Federal share of the administra- clear Regulatory Commission: Provided, That prices, for construction plus or minus such tive expenses of the Commission, including notice of such transfers shall be given to the amounts as may be justified by reason of or- services as authorized by 5 U.S.C. 3109, and Committees on Appropriations of the House dinary fluctuations of applicable cost in- hire of passenger motor vehicles, $160,000,000, and Senate: Provided further, That from this dexes’’. to remain available until expended. appropriation, transfers of sums may be SEC. 504. (a) The State of West Virginia DEFENSE NUCLEAR FACILITIES SAFETY BOARD made to other agencies of the Government shall receive credit towards its required con- SALARIES AND EXPENSES for the performance of the work for which tribution under Contract No. DACW59–C–0071 For necessary expenses of the Defense Nu- this appropriation is made, and in such cases for the cost of recreational facilities to be clear Facilities Safety Board in carrying out the sums so transferred may be merged with constructed by a joint venture of the State activities authorized by the Atomic Energy the appropriation to which transferred: Pro- in cooperation with private interests for Act of 1954, as amended by Public Law 100– vided further, That revenues from licensing recreation development at Stonewall Jack- 456, section 1441, $17,500,000, to remain avail- fees, inspection services, and other services son Lake, West Virginia, except that the able until expended. and collections shall be retained and used for State shall receive no credit for costs associ- necessary salaries and expenses in this ac- NUCLEAR REGULATORY COMMISSION ated with golf course development and the count, notwithstanding 31 U.S.C. 3302, and SALARIES AND EXPENSES amount of the credit may not exceed the shall remain available until expended: Pro- amount owed by the State under the Con- (INCLUDING TRANSFER OF FUNDS) vided further, That the sum herein appro- tract. For necessary expenses of the Commission priated shall be reduced by the amount of (b) The Corps of Engineers shall revise in carrying out the purposes of the Energy revenues received during fiscal year 1998 both the 1977 recreation cost-sharing agree- Reorganization Act of 1974, as amended, and from licensing fees, inspection services, and ment and the Park and Recreation Lease the Atomic Energy Act of 1954, as amended, other services and collections, so as to result dated October 2, 1995 to remove the require- including the employment of aliens; services in a final fiscal year 1998 appropriation esti- ment that such recreation facilities are to be authorized by 5 U.S.C. 3109; publication and mated at not more than $0. owned by the Government at the time of dissemination of atomic information; pur- NUCLEAR WASTE TECHNICAL REVIEW BOARD their completion as contained in Article 2–06 chase, repair, and cleaning of uniforms; offi- SALARIES AND EXPENSES of the cost-sharing agreement and Article 36 cial representation expenses (not to exceed of the lease. $20,000); reimbursements to the General For necessary expenses of the Nuclear (c) Nothing in this section shall reduce the Services Administration for security guard Waste Technical Review Board, as author- amount of funds owed the United States services; hire of passenger motor vehicles ized by Public Law 100–203, section 5051, Government pursuant to the 1977 recreation and aircraft, $476,500,000, to remain available $3,200,000, to be derived from the Nuclear cost-sharing agreement. until expended: Provided, That of the amount Waste Fund, and to remain available until SEC. 505. (a) IN GENERAL.—For fiscal year appropriated herein, $17,000,000 shall be de- expended. 1998 and each fiscal year thereafter, appro- rived from the Nuclear Waste Fund: Provided TENNESSEE VALLEY AUTHORITY priations, made for the Bureau of Reclama- further, That from this appropriation, trans- For the purpose of carrying out the provi- tion may be used by the Secretaries of the fer of sums may be made to other agencies of sions of the Tennessee Valley Authority Act Interior for the purpose of entering into co- the Government for the performance of the of 1933, as amended (16 U.S.C. ch. 12A), in- operative agreements with willing private work for which this appropriation is made, cluding hire, maintenance, and operation of landowners for restoration and enhancement and in such cases the sums so transferred aircraft, and purchase and hire of passenger of fish, wildlife, and other resources on pub- may be merged with the appropriation to motor vehicles, $86,000,000, to remain avail- lic or private land or both that benefit the which transferred: Provided further, That able until expended: water and lands within a watershed that con- moneys received by the Commission for the TITLE V tains a Bureau of Reclamation project. cooperative nuclear safety research program, (b) DIRECT AND INDIRECT WATERSHED services rendered to State governments, for- GENERAL PROVISIONS AGREEMENTS.—The Secretary of the Interior eign governments and international organi- SEC. 501. (a) PURCHASE OF AMERICAN-MADE may enter into a watershed restoration and zations, and the material and information EQUIPMENT AND PRODUCTS.—It is the sense of enhancement agreement— access authorization programs, including the Congress that, to the greatest extent (1) directly with a willing private land- criminal history checks under section 149 of practicable, all equipment and products pur- owner, or the Atomic Energy Act may be retained and chased with funds made available in this Act (2) indirectly through an agreement with a used for salaries and expenses associated should be American-made. State, local, or tribal government or other with those activities, notwithstanding 31 (b) NOTICE REQUIREMENT.—In providing fi- public entity, educational institution, or pri- U.S.C. 3302, and shall remain available until nancial assistance to, or entering into any vate nonprofit organization. expended: Provided further, That revenues contract with, any entity using funds made (c) TERMS AND CONDITIONS.—In order for from licensing fees, inspection services, and available in this Act, the head of each Fed- the Secretary to enter into a watershed res- other services and collections estimated at eral agency, to the greatest extent prac- toration and enhancement agreement— $457,500,000 in fiscal year 1998 shall be re- ticable, shall provide to such entity a notice (1) the agreement shall— tained and used for necessary salaries and describing the statement made in subsection (A) include such terms and conditions mu- expenses in this account, notwithstanding 31 (a) by the Congress. tually agreed to by the Secretary and the U.S.C. 3302, and shall remain available until (c) PROHIBITION OF CONTRACTS WITH PER- landowner; expended: Provided further, That the funds SONS FALSELY LABELING PRODUCTS AS MADE (B) improve the viability of and otherwise herein appropriated for regulatory reviews IN AMERICA.—If it has been finally deter- benefit the fish, wildlife, and other resources and other assistance provided to the Depart- mined by a court or Federal agency that any on, in the watershed; ment of Energy and other Federal agencies person intentionally affixed a label bearing a (C) authorize the provision of technical as- shall be excluded from license fee revenues, ‘‘Made in America’’ inscription, or any in- sistance by the Secretary in the planning of notwithstanding 42 U.S.C. 2214: Provided fur- scription with the same meaning, to any activities that will further the purposes of ther, That the sum herein appropriated shall product sold in or shipped to the United the agreement; be reduced by the amount of revenues re- States that is not made in the United States, (D) provide for the sharing of costs of im- ceived during fiscal year 1998 from licensing the person shall be ineligible to receive any plementing the agreement among the Fed- fees, inspection services and other services contract or subcontract made with funds eral Government, the landowner, and other and collections, excluding those moneys re- made available in this Act, pursuant to the entities, as mutually agreed on by the af- ceived for the cooperative nuclear safety re- debarment, suspension, and ineligibility pro- fected interests; and search program, services rendered to State cedures described in sections 9.400 through (E) ensure that any expenditures by the governments, foreign governments and inter- 9.409 of title 48, Code of Federal Regulations. Secretary pursuant to the agreement is de- national organizations, and the material and SEC. 502. Section 1621 of title XVI of the termined by the Secretary to be in the public information access authorization programs, Reclamation Wastewater and Groundwater interest; and so as to result in a final fiscal year 1997 ap- Act, Public Law 104–266, is amended by— (2) the Secretary may require such other propriation estimated at not more than (1) striking ‘‘Study’’ in the section title, terms and conditions as are necessary to pro- $19,000,000. and inserting ‘‘Project’’; tect the public investment on private lands: S7544 CONGRESSIONAL RECORD — SENATE July 16, 1997 Provided, That such terms and conditions are my understanding that it is not pos- The amendment (No. 894), as modi- mutually agreed to by the Secretary and the sible to get a time agreement on that fied, was agreed to. landowner. amendment at this time. Mr. MURKOWSKI. Mr. President, I This Act may be cited as the ‘‘Energy and So, Mr. President, seeing my col- move to reconsider the vote by which Water Development Appropriations Act, league from Alaska on his feet, I yield 1998’’. the amendment was agreed to. the floor. Mr. MCCONNELL. I move to lay that f Mr. MURKOWSKI addressed the motion on the table. FOREIGN OPERATIONS, EXPORT Chair. The motion to lay on the table was FINANCING, AND RELATED PRO- The PRESIDING OFFICER. The Sen- agreed to. GRAMS APPROPRIATIONS ACT, ator from Alaska. Several Senators addressed the 1998 Mr. MURKOWSKI. I thank the chair- Chair. man. The Senate continued with the con- The PRESIDING OFFICER. The Sen- AMENDMENT NO. 894, AS MODIFIED sideration of the bill. ator from Kentucky. (Purpose: To provide an additional condition Mr. MCCONNELL. The Senator from AMENDMENT NO. 888 on the availability of $14 million in debt Kansas has been here patiently on the The PRESIDING OFFICER. The relief for North Korea) floor for some time and ready to offer question is on agreeing to the amend- Mr. MURKOWSKI. Mr. President, I two amendments which have been ment of the Senator from Oregon. call up amendment No. 894, and I send cleared on both sides. The amendment (No. 888), as amend- a modification of the amendment to Therefore, I yield the floor. ed, was agreed to. the desk. The PRESIDING OFFICER. The Sen- Mr. McCONNELL. Mr. President, I The PRESIDING OFFICER. The ator from Kansas. move to reconsider the vote by which clerk will report. Mr. BROWNBACK. I thank the chair- The legislative clerk read as follows: the amendment was agreed to. man very much. Mr. LEAHY. I move to lay that mo- The Senator from Alaska [Mr. MURKOW- AMENDMENT NO. 892 tion on the table. SKI], for himself, Mr. MCCAIN, and Mr. NICK- Mr. BROWNBACK. Mr. President, I The motion to lay on the table was LES, proposes an amendment numbered 894, as modified. call up my amendment numbered 892. agreed to. Mr. MURKOWSKI. Mr. President, I The PRESIDING OFFICER. The PRIVILEGE OF THE FLOOR ask unanimous consent that reading of amendment is now pending. Mr. McCONNELL. Mr. President, I the amendment be dispensed with. Mr. BROWNBACK. Mr. President, I ask unanimous consent that William The PRESIDING OFFICER. Without rise today to introduce an amendment D. Jackson, a congressional fellow on objection, it is so ordered. to S. 955. Senator JEFFORDS’ staff, be granted The amendment is as follows: This amendment deals with the Unit- privileges of the floor for the pendency On page 33, line 9, strike the period and in- ed States policy for the south Caucasus of this legislation. sert in lieu thereof the following: ‘‘Provided and Central Asia, an area of the world The PRESIDING OFFICER. Without further, That the additional $14,000,000 made that was once crisscrossed by the an- objection, it is so ordered. available to KEDO under this heading may not be obligated or expended until the Sec- cient Silk Road, which includes the Mr. McCONNELL. Mr. President, retary of State certifies and reports to Con- countries—I have a map here for Sen- Senator MURKOWSKI is here for the pur- gress that North Korea has not violated the ators to be able to look at—of Arme- pose of modifying his own amendment. Military Armistice Agreement of 1953 during nia, Azerbaijan, Georgia, Kazakstan, We are going to go to Senator the preceding nine months.’’. Kyrgystan, Tajikistan, Turkmenistan, BROWNBACK, who has two amendments The PRESIDING OFFICER. The Sen- and Uzbekistan. This amendment deals to offer which have been cleared on ator’s amendment is so modified. with these countries. both sides; then to Senator ALLARD, Mr. MURKOWSKI. Mr. President, I These countries are very vital and who has an amendment on which I un- ask that my colleagues, Senator important countries at a crossroads in derstand it is possible to get a 30- MCCAIN and Senator NICKLES, be named their development. They are, as I men- minute time agreement equally di- as cosponsors. tioned, along the ancient Silk Road, if vided. The PRESIDING OFFICER. Without people can imagine and conjure up So, Mr. President, I ask unanimous objection, it is so ordered. those images of that area of the world consent that the Allard amendment, Mr. MURKOWSKI. Mr. President, it and the importance it has had in the when it is offered, be limited to 30 min- is my understanding that the amend- past and the importance it now has and utes of debate equally divided. ment has been agreed to on both sides. will continue to have for U.S. policy. Mr. ALLARD. Mr. President, reserv- It provides that the additional $14 mil- We have vital political, social and eco- ing the right to object, I think there lion appropriated to relieve the KEDO nomic interests there, and they need to was a mistake in the remarks. There debt not be available until the Sec- be acted on before it is too late. was going to be 15 minutes on each retary of State certificates that North They are independent for the first side, and the request was for 15 min- Korea has not violated the military ar- time in almost a century. They are lo- utes equally divided. I wanted to clar- mistice agreement of 1953 during the cated at the juncture of many of to- ify. preceding 9 months. day’s major world forces, and they are Mr. LEAHY. Mr. President, reserving Basically, the amendment puts North all rich in natural resources. And they the right to object, why don’t we with- Korea on notice that additional funds are looking west for the first time. hold the request on the Allard amend- will not be available if North Korea They are emerging after nearly a cen- commits another violation like the in- ment until I see what it is. But I don’t tury of being plundered by a Com- cident this morning at the DMZ. know whether that is going to be munist regime. While actively taking I urge adoption of the amendment. enough time. Mr. MCCONNELL. Mr. President, it is out their resources, the Soviets put lit- Mr. McCONNELL. I am sorry. I my understanding that this amend- tle back. These countries now find apologize to my colleague from Ver- ment is not objected to by either side. themselves free to govern themselves. mont. I thought he knew the substance I am unaware of any additional speak- Again, as I stated earlier, they are of the Allard amendment. So I will ers. looking west. The very fact that they withhold on asking for a time agree- The PRESIDING OFFICER. The yeas have had little experience with inde- ment on the Allard amendment for the and nays have previously been ordered. pendence, and that their economies are moment. Mr. MURKOWSKI. I ask unanimous essentially starting from scratch, Then Senator HUTCHISON is here to consent to vitiate the order for the leaves them in a precarious situation, offer an amendment with regard to yeas and nays. which is all the more precarious be- MFN and China. Then Senator DODD The PRESIDING OFFICER. Without cause of their geographic location. and Senator MCCAIN wish to offer an objection, it is so ordered. Consider this: They are placed be- amendment related to the drug certifi- Is there further debate? If not, the tween the empire from which they re- cation process for Mexico, which will question is on agreeing to the amend- cently declared independence and an be a rather spirited discussion, and it is ment of the Senator from Alaska. extremist Islamic regime to the July 16, 1997 CONGRESSIONAL RECORD — SENATE S7545 south—both of which have a strong in- I urge my colleagues to adopt this gathering intelligence information regarding terest in exerting economic and politi- amendment. human rights abuses and acts of religious cal pressure upon them. I believe it has been worked out with persecution. both the majority and the minority (b) REPORT.—Not later than March 30, 1998, All of the Silk Road countries are the President shall submit to the Permanent currently seeking U.S. investment and staff to agree to this amendment. I ask Select Committee on Intelligence of the encouragement, and are looking to us that the amendment be agreed to. House of Representatives and the Select to participate actively in working out Mr. President, I urge its adoption. Committee on Intelligence of the Senate a regional political, economic and strate- The PRESIDING OFFICER. Is there report on the number of personnel and re- gic cooperation. further debate on the amendment? If sources that are being devoted to gathering Mr. President, we should be actively not, the question is on agreeing to the intelligence information regarding human responding to their appeals. We have amendment. rights abuses and acts of religious persecu- tion. now the opportunity to spread freedom The amendment (No. 892) was agreed and democratic ideals in a region his- to. Mr. BROWNBACK. Mr. President, I torically dominated by Russia and Mr. MCCONNELL. Mr. President, I rise today to offer an amendment to Iran. The doors are open to promote in- move to reconsider the vote. this bill that would require the Clinton Mr. BROWNBACK. I move to lay that stitutions of democratic government administration to improve the manner motion on the table. and create the conditions for the in which the State Department and our The motion to lay on the table was intelligence agencies monitor and pub- growth of pluralistic societies and reli- agreed to. gious tolerance. These countries are a licize cases of religious persecution and AMENDMENT NO. 884, AS MODIFIED human rights abuses. major force in containing the spread Mr. BROWNBACK. Mr. President, I Persecution of people of faith has northward of anti-Western Islamic ex- would like to call up amendment 884 been on the rise around the world. Gov- tremism. So far, these nations remain and send a modification to the desk. ernments throughout the world have largely open to us. The PRESIDING OFFICER. The been denying people the fundamental I would also like to point out some- clerk will report. right of freedom of religion, a fun- thing else that is important about this The bill clerk read as follows: damental right upon which this coun- region: that is the Caspian Sea overlap- The Senator from Kansas [Mr. BROWNBACK] try was built. ping the territory of the South proposes an amendment numbered 884, as As a matter of policy, the United Caucasus and Central Asia that is rich modified. States should be doing all it can to in natural resources as I mentioned Mr. BROWNBACK. Mr. President, I bring religious persecution and other earlier. ask unanimous consent that reading of human rights violations to an end. One I have another chart here I would the amendment be dispensed with. problem we face, however, is that we do like to show you to illustrate the en- The PRESIDING OFFICER. Without not have an accurate accounting of the ergy resources which exist in the Cas- objection, it is so ordered. extent to which many governments pian Sea area right here. If people The amendment is as follows: persecute people of faith. We do not At the appropriate place, insert the follow- would look at this chart, this is know the number of prisoners nor do ‘‘Worldwide Undiscovered Resource Po- ing: SEC. . PROMOTION OF RELIGIOUS FREEDOM we even have all the names of those tential of Oil and Gas’’. You have the prisoners. What we need is an accurate Middle East and Russia, the two lead- AND HUMAN RIGHTS. (a) REPORTS.—Not later than March 30, accounting of religious persecution. We ers, and then the Caspian Sea area is 1998, and each subsequent year thereafter, need the administration to devote potentially the third largest in the the Secretary of State shall submit to the greater resources to monitoring reli- world, some say up to $4 trillion worth International Relations Committee of the gious persecution and to informing the House of Representatives and the Foreign of oil and gas in this region, creating Congress, as well as the American peo- significant interest for economic ties Relations Committee of the Senate an an- nual report on religious persecution on a ple, about such instances. and investments as well. The United We also need to encourage a formal States should do everything possible to country-by-country basis. Reports shall in- clude a list of individuals who have been ma- dialog with countries throughout the promote the sovereignty and independ- terially involved in the commission of acts world to bring religious persecution to ence as well as encourage solid diplo- of persecution that are motivated by a per- an end. Specifically, my amendment matic and economic cooperation be- son’s religion. would do the following: Require a reli- tween these nations. (b) PRISONER INFORMATION REGISTRY.—The gious persecution report modeled on Secretary of State shall establish a Prisoner In order to do that, we need to take the State Department human rights re- a number of positive steps. No. 1, we Information Registry which shall provide in- formation on all political prisoners, pris- port; require the establishment of a should be strong and active in helping prison information registry; require resolve local conflicts. No. 2, we should oners of conscience, and prisoners of faith on a country-by-country basis. Such informa- the President to devote greater intel- be providing economic assistance to tion shall include the charges, judicial proc- ligence resources to gathering informa- provide positive incentives for inter- esses, administrative actions, use of forced tion regarding human rights abuses national private investment and in- labor, incidences of torture, length of impris- and acts of religious persecution; and creased trade. No. 3, we should be as- onment, physical and health conditions, and encourage the administration to work other matters related to the incarceration of sisting in the development of the infra- with other nations to establish a Com- structure necessary for communica- such prisoners. The Secretary of State is au- thorized to make funds available to non- mission on Security and Cooperation in tion, transportation, energy and trade Asia which would be modeled after the on an East-West access. No. 4, we governmental organizations presently en- gage in monitoring activities regarding such Commission on Security and Coopera- should be providing assistance to help prisoners to assist in the creation and main- tion in Europe. fight the scourge of narcotics traffick- tenance of the registry. Mr. President, the U.S. Government ing, weapons of mass destruction, orga- (c) SENSE OF CONGRESS CONCERNING ESTAB- has a responsibility to provide the pub- nized crime and No. 5, perhaps the LISHMENT OF A COMMISSION ON SECURITY AND lic a better understanding of the extent most important of all, we should be COOPERATION IN ASIA.—It is the sense of the Congress that Congress, the President, and to which nations violate this basic supplying all the assistance possible to right of their citizens. My amendment strengthen democracy and tolerance the Secretary of State should work with the governments of the People’s Republic of would move us in this direction. I ask and the development of civil society. China and other countries to establish a that my amendment be adopted. These are the best ways to remain Commission on Security and Cooperation in The PRESIDING OFFICER. Is there sure that these countries will grow in Asia which would be modeled after the Com- further debate? If not, the question is independence and move strongly to- mission on Security and Cooperation in Eu- on agreeing to the amendment. ward open and free government. Our rope. The amendment (No. 884), as modi- time to focus on this region is now, to SEC. . UNITED STATES INTELLIGENCE ACTIVI- fied, was agreed to. TIES RELATED TO MONITORING keep them from spreading into an area Mr. MCCONNELL. Mr. President, I HUMAN RIGHTS ABUSES AND RELI- or being infiltrated by the spread of the GIOUS PERSECUTION. move to reconsider the vote. anti-Western fundamentalism that is (a) IN GENERAL.—The President shall de- Mr. BROWNBACK. I move to lay that in this region of the world. That is why vote additional personnel and resources to motion on the table. S7546 CONGRESSIONAL RECORD — SENATE July 16, 1997 The motion to lay on the table was chairman and ranking member for volving the consumptive use of wild- agreed to. working on a good amendment that we life. My amendment requires USAID to Mr. BROWNBACK. I yield the floor. can all agree on. I am particularly submit a report to Congress providing Mr. LEAHY addressed the Chair. grateful to Senators LEAHY and alternatives to trophy hunting, and the The PRESIDING OFFICER. The Sen- MCCONNELL for their assistance and co- impact of the program on the people ator from Vermont. operation on this amendment. and wildlife of CAMPFIRE districts. Mr. LEAHY. Mr. President, I see the Briefly, our amendment would main- People in Zimbabwe are living under distinguished Senator from California tain the positive aspects of the CAMP- very different conditions than we in is in the Chamber. I understand she has FIRE Program while restricting U.S. the United States. We must recognize an amendment that may not take a taxpayer funds being used for activities these differences in our approach to de- good deal of time, and I yield the floor. which are inconsistent with the goals velopment while maintaining our high Mrs. BOXER. I thank the Senator. of sustainable development for people values and ideals. The CAMPFIRE Pro- The PRESIDING OFFICER. The Sen- and management of natural resources. gram in Zimbabwe will end in 1999, but ator from California. My amendment would assure that no USAID-funded development programs AMENDMENT NO. 897 taxpayer money is used to finance the will continue for years to come. I am Mrs. BOXER. I will be very brief. The trophy hunting of elephants and other hopeful that the report which USAID work has been done on this amend- endangered species or no taxpayer will submit to Congress, will provide ment. I send an amendment to the desk money could be used for any lobbying the United States with ideas for in- and ask for its immediate consider- activities to weaken elephant protec- come diversification for future pro- grams so that we can move away from ation. tion standards. So we really basically the consumptive use of wildlife as a The PRESIDING OFFICER. The do two things: Taxpayer dollars from management regime. clerk will report. America cannot be used to foster tro- USAID has proposed several improve- The bill clerk read as follows: phy hunting in Zimbabwe and taxpayer money cannot be used to lobby Sen- ments to the CAMPFIRE Program in The Senator from California [Mrs. BOXER], ators or House Members or administra- recent months. These improvements for herself, Mr. ALLARD, Mr. SMITH of New are the result of the concerns raised by Hampshire, Mr. LEAHY, and Mr. TORRICELLI, tion people to weaken elephant protec- proposes an amendment numbered 897. tion standards such as the ban on many concerned citizens and organiza- ivory. tions such as the Humane Society of Mrs. BOXER. Mr. President, I ask the United States. I commend the Hu- unanimous consent that reading of the Mr. President, these magnificent ani- mals should be protected, not ex- mane Society for their efforts to make amendment be dispensed with. the United States more responsible for The PRESIDING OFFICER. Without ploited. Our amendment requires USAID to submit a report to Congress the use of taxpayer dollars. I also ap- objection, it is so ordered. plaud USAID for taking steps to ad- The amendment is as follows: on alternatives to trophy hunting and the impact of the CAMPFIRE Program dress these concerns. I believe that this At the appropriate place, insert: on people and wildlife of Zimbabwe. I process has been beneficial for all of WILDLIFE CONSERVATION think these are very important steps in those involved—especially the people SEC. . Of the funds appropriated by this addressing the criticism about the way and wildlife of Zimbabwe. Act, not more than $2,900,000 may be made I want to thank Senators LEAHY, the program works. Some of us would available for the Communal Areas Manage- SMITH, ALLARD, and TORRICELLI for have liked to have gone further than ment Programme for Indigenous Resources helping to make this a bipartisan effort this, but we think that this amend- (CAMPFIRE) in Zimbabwe: Provided, That toward improving development aid, ment, the way it is drawn, will receive none of the funds appropriated by this Act maximizing benefits to local people, may be used to directly finance the trophy unanimous support, and we think is an promoting a healthy elephant popu- hunting of elephants or other endangered important step to be taken. lation, and ensuring that U.S. taxpayer species as defined in the Convention on The CAMPFIRE Program is bene- International Trade in Endangered Species money is used wisely. ficial to many rural impoverished peo- Mr. ALLARD. Mr. President, I would of Flora and Fauna (CITES) or the Endan- ple in Zimbabwe. It helps to provide gered Species Act: Provided further, That like to begin by congratulating Chair- the skills and tools necessary to enable the funds appropriated by this Act that are man MCCONNELL and Senator LEAHY provided under the CAMPFIRE program may local communities to make local deci- for their hard work in crafting this leg- not be used for activities with the express in- sions about how to manage their natu- islation and working to include lan- tent to lobby or otherwise influence inter- ral resources and generate revenue. guage on the CAMPFIRE Program in national conventions or treaties, or United However, there are certain aspects of the bill. States government decision makers: Pro- the program which do not promote sus- Mr. President, as I have made very vided further, That funds appropriated by tainable development for rural people this Act that are made available for the clear in the past, I am a strong sup- or improve natural resource manage- porter of fiscal responsibility on the CAMPFIRE program may be used only in ment. My amendment restricts United Zimbabwe for the purpose of maximizing part of the Federal Government. It is benefits to rural people while strengthening States taxpayer dollars from being our responsibility to use taxpayer’s natural resources management institutions: spent on those needless activities and dollars in the most effective, and effi- Provided further, That not later than March directs all funds to be used to maxi- cient way possible. This responsibility 1, 1998, the Administrator of the Agency for mize benefits to rural people while at times mandates that we review and International Development shall submit a strengthening natural resources man- question just where our tax dollars are report to the appropriate congressional com- agement institutions in Zimbabwe. going. mittees describing the steps taken to imple- I am aware that there have been When USAID’s Communal Areas ment the CAMPFIRE program, the impact of many concerns raised about the trophy the program on the people and wildlife of Management Programme for Indige- CAMPFIRE districts, alternatives to trophy hunting aspects of the program. I do nous Resources or CAMPFIRE Pro- hunting as a means of generating income for not support trophy hunting and I do gram was first brought to my atten- CAMPFIRE districts, and a description of not believe that one penny of taxpayer tion, I had to ask myself, just why are how funds made available for CAMPFIRE in money should be used to finance tro- United States taxpayer’s dollars being fiscal year 1998 are to be used. phy hunting. My amendment will en- spent to fund big game hunting of ele- Mrs. BOXER. The amendment that I sure that no U.S. taxpayer dollars are phants in Zimbabwe? If a program have sent to the desk is a bipartisan directly spent on trophy hunting ac- could spend dollars to hunt elephants amendment cosponsored by Senators tivities. how else are they spending our money? ALLARD, SMITH, LEAHY, and However, I do recognize that trophy Asking myself these questions was not TORRICELLI, and it concerns the CAMP- hunting will continue in Zimbabwe. I enough, so I began a comprehensive re- FIRE Program in Zimbabwe. I particu- believe that we need to provide coun- view of the CAMPFIRE Program. larly want to pay tribute to my col- tries like Zimbabwe with viable alter- Mr. President, I am pleased to an- leagues, Senators ALLARD and SMITH, natives to trophy hunting which con- nounce, that as a result of congres- for being so strong on this subject. I tinue to generate income and promote sional review a little more fiscal re- thank my staff and the staffs of the sustainable development without in- sponsibility has been restored to the July 16, 1997 CONGRESSIONAL RECORD — SENATE S7547

U.S. Government. Our review of CAMP- Mr. MCCONNELL. The Senator is penses for the Overseas Private Invest- FIRE has produced three highly bene- correct. ment Corporation and scales it back to ficial results. Mr. CRAIG. Finally, it is my under- its 1994 level of $21 million. First of all, fiscal year 1998 will be standing that nothing in this amend- Now, why was the year 1994 selected? the last year that the CAMPFIRE ment should be interpreted as having In 1994, with Public Law 103–392, OPIC’s project will receive funding. This will any effect on any other U.S. law or reg- congressional authorized lending au- end the cycle of appropriations that ulation regarding wildlife conservation thority was last raised. This increased has already lead to $28 million being and hunting. the maximum contingent liability or spent on this program. This amount, Mr. MCCONNELL. The Senator is lending authority cap for insurance though small in respect to the overall correct. from $9 billion to $13.5 billion and in- budget, is a good start to tightening up Mr. CRAIG. I thank the Senator. creased the contingent liability cap for Government spending, especially U.S. Mrs. BOXER. I ask for the yeas and financing from $2.5 billion to $9.5 mil- funding for international projects. nays on this amendment. lion. However, since 1994, there have Second, the appropriations language The PRESIDING OFFICER. Is there a been no increases in the authorized states that no U.S. tax dollars will go sufficient second? lending cap for OPIC. As a matter of to directly fund the big game trophy Mrs. BOXER. I rescind that request. I fact, I have recently learned that while hunting of Zimbabwe’s elephants. I ask for a voice vote. at the end of 1996 OPIC’s liability expo- think we can agree that an endangered The PRESIDING OFFICER. Is there sure has increased, their total number species such as the elephant should not further debate on the amendment? If of issuances has decreased. be hunted with the tacit consent of the not, the question is on agreeing to the Now, in 1995, 1996 and 1997, OPIC’s ad- U.S. taxpayer through governmental amendment. ministrative expense appropriations funding. The amendment (No. 897) was agreed have increased. In 1994, their adminis- Finally, for the remaining time to. trative expense was $20.2 million; in CAMPFIRE is funded, USAID must Mr. McCONNELL. Mr. President, I 1995, their administrative expense was submit to Congress the steps they have move to reconsider the vote. $25.8 million; in 1996, their administra- taken to implement the CAMPFIRE Mr. LEAHY. I move to lay that mo- tive cost was $21.8 million, and in 1997 Program. This will allow us to watch tion on the table. their administrative costs again in- their use of our dollars. For far too The motion to lay on the table was creased to $32 million, while their cap was not increased one dime. In fact, long the U.S. has funded international agreed to. there is a zero percent increase since programs with little or no oversight— AMENDMENT NO. 891 (Purpose: To decrease the amount of funds 1994. this will serve as an example of how Now, their administrative appropria- Congress should police international available to OPIC for administrative ex- penses to carry out the credit and insur- tion over the same period has increased funding measures. $12 million—over the last 3 years—re- Mr. President, I support the Foreign ance programs) sulting in a 50-percent increase. Operations Subcommittee’s appropria- Mr. McCONNELL. Mr. President, now under the informal order that we have Now, why should OPIC’s administra- tions for fiscal year 1998 of the CAMP- tive appropriation increase while their FIRE Program, with the understanding here going from side to side, the Sen- ator from Colorado is here. lending authority cap has stayed fro- that this is the last year of the pro- zen? As I stated earlier, in reality their gram, USAID submit information on Mr. ALLARD. I thank the Senator. Mr. President, I have an amendment issuances have declined. While the $32 how they implement the program, and million in this bill is a freeze as of no U.S. tax dollars will be spent to kill at the desk. The PRESIDING OFFICER. The 1996—and I commend the committee for elephants. Now that we have ended the doing this, by the way—I believe it CAMPFIRE Program, it is my hope clerk will report. The bill clerk read as follows: would be very appropriate to scale that we will not have to revisit this them back to the 1994 level. issue again in the future. The Senator from Colorado [Mr. ALLARD] proposes an amendment numbered 891. All this is occurring while the future In conclusion, Mr. President, I would of OPIC is very much uncertain. On like to thank Senator BOXER and Sen- Mr. ALLARD. Mr. President, I ask September 30, 1997, OPIC’s authoriza- ator SMITH of New Hampshire for their unanimous consent that reading of the tion ends. As of today, I do not believe help in drafting this language. amendment be dispensed with. the Senate has a reauthorization bill I yield my time. Mr. LEAHY. Reserving the right to for OPIC. From my understanding, the Mr. CRAIG. It is my understanding object, the Senator is going to describe House of Representatives is just begin- that the Communal Areas Management what the amendment is, I assume. ning the process of reauthorization Program for Indigenous Resources Mr. ALLARD. We shared a copy of and, in the report for the companion [CAMPFIRE] Program in Zimbabwe is that amendment. I think you have it. I foreign operations appropriations bill, currently meeting all of the conditions will explain it in my remarks. it states they are reluctant in the ab- placed on it by the amendment. Mr. LEAHY. I do not have any objec- sence of an authorization bill to fund Mr. MCCONNELL. The Senator is tion. OPIC. I believe this number is enough correct. The PRESIDING OFFICER. The Sen- to administer their outstanding liabil- Mr. CRAIG. It is my further under- ator from Colorado is recognized. ities, but there is still great uncer- standing that Zimbabwe has a very Mr. ALLARD. I thank the Chair. I tainly as to what the future holds for successful elephant conservation pro- thank Senator LEAHY. OPIC. If reauthorization does occur, gram has had led to a population in- The PRESIDING OFFICER. Without then we can come back to this issue at crease of 43,000 elephants in 1987 to objection, it is so ordered. a later date. 67,000 elephants in 1996 and that much The amendment is as follows: This amendment is not the place, nor of this success is due to the CAMP- On page 4, line 22, strike ‘‘$32,000,000’’ and do I plan to argue the specific pros and FIRE Program. insert ‘‘$21,000,000’’. cons of OPIC, for that will come at a Mr. MCCONNELL. The Senator is Mr. ALLARD. I thank the Chair. future date if we have a reauthoriza- correct. Before I begin, I commend my tion bill. I plan to be involved in the Mr. CRAIG. It is my further under- friends, the subcommittee chairman, debate at that time if that comes up. standing that the language in this MITCH MCCONNELL, and Senator PAT- But this amendment is a matter of amendment dealing with trophy hunt- RICK LEAHY and chairman TED STEVENS whether an agency, a Government en- ing is only a prohibition on a direct and Senator ROBERT BYRD, for a very tity, that depends on the full faith and USAID subsidy of hunting in the good bill. I support the bill. I believe credit of the United States, with Fed- CAMPFIRE Program and should not be its overall funding levels are very ap- eral employees, should have their ad- interpreted as a negative statement propriate, and I plan on supporting it. ministrative expenses increased by 50 about the indispensable role hunting However, I have one concern. My percent over the last 3 years while plays as a management tool for ele- amendment is very simple. It strikes their authorized lending cap is not in- phants and other foreign species. the $32 million for administrative ex- creased by one dime, zero percent. S7548 CONGRESSIONAL RECORD — SENATE July 16, 1997 Make no mistake, OPIC is a Federal continue to make, will suffer. I think it try to compete with the big guys from agency. It needs the United States to would cut directly to eliminating the France and Germany and Britain—all fund its operation. This Congress ability to monitor those loan port- over the globe—to be able to have some should always be concerned when an folios. I do not think that is in the best base of your country behind you, and agency staff grows faster than its au- interests of the American taxpayer or you pay for that, is significant. thority. I know of very few agencies anyone associated with OPIC. It endan- The last point I will make, OPIC sup- that have no growth in authority gers the creditworthiness of OPIC if ports small business. There is a lot of which get a 50-percent increase in ad- you slash their administrative budget. myth about that as well, that this is a ministrative expenses. It seems, if we Let me hit just a few very specific big-business boondoggle. It is not. I am are at all serious about reducing the points as to what OPIC does. There is living proof of that. In 1996, OPIC sup- size and scope of Government and take an awful lot of sound and fury and ported record numbers of small busi- our oversight role seriously, then all smoke and mirrors when it comes to ness projects worth $1.8 billion in 17 agencies should play by the same rules, OPIC. First, OPIC, in fact, does level countries. Many small American busi- and we as a Congress should apply the playing field in global competition. nesses are suppliers to the larger ex- these rules evenly to all agencies. I ask I spoke to that earlier. All of America’s porters that indirectly come through my colleagues to support this amend- major trade competitors have OPIC- OPIC. More than half of all suppliers to ment and keep the growth of OPIC at a like agencies to help them. It covers OPIC-based projects are small busi- minimum, especially when their au- the gaps in the markets all over this nesses. This is a ripple effect. When we thorized cap has been frozen since 1994 world. get projects and deals internationally, and with their authorization expiring OPIC creates American jobs. I have a you have to sponsor those. You buy in September 1997. document here—I am sure Senator AL- products to support those. And those Mr. President, I reserve my right to LARD has seen it—of the kind of jobs come from States like that of my address the Senate and yield the floor. created in Colorado, his home State, friend from Colorado and Nebraska and The PRESIDING OFFICER. The Sen- and in my home State of Nebraska; the every State in the Union. So this is a ator from Nebraska. kind of revenues that flow into Colo- ripple-effect operation. Mr. HAGEL. Mr. President, I rise to rado because of countries that buy Mr. President, again, I rise in opposi- reflect a little on what my friend and from companies that have either OPIC tion to this amendment. I think it is neighbor—literally my neighbor—from insurance that they pay for, or OPIC shortsighted and I think the wisest Colorado has talked about here in the loans that they pay for. This is a job thing to do is to continue with our last few minutes regarding OPIC. First, creator. This is a growth creator. To funding, with our authorization, and as I rise to oppose my friend, the distin- give some of the specific numbers on I said earlier, we will have ample op- guished Senator from Colorado, regard- this, since 1971 OPIC has supported $108 portunity to address this issue in de- ing his amendment. I will explain why. billion worth of U.S. projects resulting bate. But I don’t think a hit-and-run Before I came to this body, I was a in over 250,000 new American jobs and way to approach this with an amend- businessman, a small businessman. $53 billion in new American exports. ment is the correct way to do it. Over the last 15 years, my partners and OPIC is prohibited under law from sup- I yield the floor. I founded a number of companies. A porting any project that would result Several Senators addressed the number of those companies were inter- in the loss of one single American job. Chair. national companies. I have dealt with Two, OPIC does not cost the tax- The PRESIDING OFFICER. The Sen- OPIC directly. I understand a little bit payers money. In fact, every year OPIC ator from Kentucky. about, I think, the real world, how jobs returns to the U.S. Treasury—last year Mr. MCCONNELL. Mr. President, I are created, how you must market in $209 million. OPIC requires no appro- thank my good friend from Nebraska the international community, what priation of funds. Its operations are en- for his comments about OPIC. With all kind of competition is out there tirely funded by the market-rate fees it due respect to our colleague from Colo- against a little company like mine that charges businesses. There is some myth rado, I, too, oppose the amendment. has to go toe to toe with foreign com- about this. If you want an OPIC loan or OPIC does not cost a single taxpayer petitors all over the globe. guarantee or insurance, you pay for it. dollar. OPIC is required by law to oper- One of the things I learned very This isn’t a free deal. OPIC is not cor- ate on a self-sustaining basis. Since quickly was when you go toe to toe porate welfare. I am always amused, 1971, it has reimbursed the U.S. Gov- with international competitors, wheth- and I am a conservative Republican— ernment for every dollar it has re- er it is telecommunications—which I let me tell you, I am for less Govern- ceived and has reported positive net in- know a little something about—or any ment and cutting Government and cut- come every year since its inception. As other industry, the support that comes ting taxes. But I am always amused the Senator from Nebraska pointed with your competitor, from his govern- when I ask my colleagues, what do you out, last year it returned $209 million ment, his country, is rather signifi- mean corporate welfare? What is cor- to the Treasury. OPIC creates Amer- cant. I think that is important in this porate welfare? ican jobs and exports. All major U.S. debate. As my friend, Senator ALLARD, No American business receives any economic competitors have similar ex- said, we will have an opportunity to subsidy or free benefit from OPIC. All port promotion agencies. Scuttling truly debate this issue over the next OPIC loans must be paid in full. OPIC OPIC would put our companies at an few months. But I would like to make charges full market rates and, where even further disadvantage than they a couple of points that I think are very applicable, high-risk-based interest already are. relevant to OPIC, what OPIC does, rates and insurance premiums for all of Today, for example, at least 36 per- what it represents. Again, I come at its services. Remember, OPIC returns cent of Japan’s exports enjoy Govern- this, not as a U.S. Senator; I come at money to the Treasury through the ment subsidies compared with just 2 this as someone who understands a lit- fees it charges firms that use its serv- percent of American exports. In addi- tle bit about how this works and who ices. tion, Japan and France provide 77 per- has been out in the real world in over OPIC has a strong record. Let’s not cent of the total amount of export sub- 60 countries and done business in about overlook this. It has extraordinarily sidies made available around the world. 20 of them. low default rates, less than 1 percent As Senator HAGEL pointed out, that First, I am concerned that an amend- since 1971. OPIC maintains a well-di- is what American businesses typically ment like that of my friend, to slash versified portfolio by region, by sector, are up against in the international administrative expenses, could lead to by industry, and maintains $2.7 billion market. OPIC is not corporate welfare. the very point that he is concerned in reserves. We have talked about the OPIC charges market and risk-based with. It is a good point. If you slash ad- possibility of privatizing OPIC. Last interest rates and fees for all of its ministrative expenses for OPIC, the year J.P. Morgan looked at it, made a services, and all loans must be paid in likelihood is the quality of the port- study. It won’t work that way. Let me full. All clients must pass industry folio of OPIC, the quality of invest- tell you, when you are a small com- standard and OPIC policy reviews. This ments that OPIC has made and will pany, a small business like I had, to is an agency that has functioned very July 16, 1997 CONGRESSIONAL RECORD — SENATE S7549 well in behalf of American interests ference. I suspect with such an author- employee. Now, I realize that not all and is actually returning money to the izing bill, you are going to hear success this goes to employees’ salaries, but American Treasury. OPIC strongly sup- story after success story from States also to normal office supplies and other ports small business, which is the heart all over the Nation helped by OPIC. office expenses that go to support each of America’s economic engine. The So I hope my good friend from Colo- one of those FTE positions. source of 6 out of every 10 jobs in this rado will withhold this amendment and But here is the problem. I have yet to country is directly attributable to let it be a matter to be discussed with hear a compelling argument for con- small business. the authorizing committee, but not on tinuing increase in the administrative We have had this amendment every this appropriations bill. budget when their liability cap is fro- year and so far have been able to defeat I yield the floor. zen. Also, as I and my staff have it. I certainly hope we will be able to The PRESIDING OFFICER. Who searched their records, I have yet to again, because OPIC is an important seeks time? find a clear delineation of where their part of what makes American business Mr. ALLARD addressed the Chair. administration budget goes. The PRESIDING OFFICER. The Sen- competitive overseas. All I do know is that in this $32 mil- ator from Colorado. I yield the floor. lion, and I quote from the bill, ‘‘any Mr. ALLARD. Mr. President, I would The PRESIDING OFFICER. The Sen- project-specific transaction costs, in- like to have an opportunity to make ator from Vermont. cluding direct and indirect costs in- Mr. LEAHY. Mr. President, I join some summarizing comments and then, curred in claims settlements, and other with the distinguished Senator from if there are not any other statements, direct costs associated with service Kentucky and the distinguished Sen- I will make a closing statement. provided to specific investors or poten- ator from Nebraska in opposing this I would like to respond by saying it tial investors pursuant to section 234 of amendment. I, too, would note that is true that there is some extra reve- the Foreign Assistance Act of 1961, OPIC does return money to the Treas- nue that has come into OPIC, but the shall not,’’ again, ‘‘shall not be consid- ury—the figure $209 million last year fact is that that is interest that they ered administrative expenses for the was used here. More important, it cre- have earned, and OPIC itself, in saying purpose of this heading.’’ ates jobs in America. how much more income it could gen- I represent, in population, the second erate, said if we could get away from I question what these expenses are smallest State in the Union. OPIC is having to buy Treasury bonds and in- and where they go. I cannot find them used in my State. It creates jobs, it vest in the stock market, we could gen- listed in their reports or from any cor- creates exports, it helps our balance of erate more income. respondence. Oversight is a proper payments. When you go to the larger To me, that sends a signal that we function of Congress, and we should States, of course, the dollar amount is would be better off in the private sec- pursue it vigorously. just that much greater. tor. A lot of these businessmen have an While I may have some problems I do not know a business in my State opportunity to go to the private sector, with OPIC, Mr. President, I do want to that has turned to OPIC that has not go to the stock market to fund these commend them for being prompt and received enormous help. I remember projects overseas. And I am a small professional in their manner of dealing when the former Director of OPIC came businessman, too, by the way. I started with my inquiries, and I take my hat to Vermont. She held a meeting there. my business from scratch, but I think off to them for this. We had lines going out the door; busi- as business people, sometimes it is all Again, I reiterate, this amendment is ness people wanting to work with too easy to turn to the agencies for not about OPIC and whether they OPIC. It is one of those success stories. help. We need to encourage business should continue, because we will get to It is also an area where we have to people to turn to the market and to that later. But this is an argument of have the kind of tools that all our com- focus on what they can do to meet the whether a U.S. Government agency petitors have. We are in worldwide needs of the market. After all, this is should have a 50-percent increase in ad- markets. We can no longer just rely on an agency. It is a Government-run ministrative expenses since 1994 when New Hampshire selling to Vermont, agency that is picking winners and los- their congressionally mandated lend- Vermont selling to New Hampshire, as ers. I would feel much more com- ing authority has been frozen during an example. I say that seeing my good fortable having a competitive market that same period. I urge my colleagues friend from New Hampshire is the dis- system picking winners and losers. to support this amendment and ask for tinguished Presiding Officer. We export Many States, like the State of Colo- limited growth in all agencies. way beyond our States, way beyond the rado which I am from, have done a lot I ask for the yeas and nays. borders of our Nation. But, every other to promote foreign competition, but The PRESIDING OFFICER. Is there a First World—and a lot that go beyond they have done it on their own. Most of sufficient second? the First World—country does the the jobs and the new growth that has There is a sufficient second. same. If they are a major exporter, as happened in Colorado has not been the we are, there are boards like OPIC that result of OPIC. So I think we have to The yeas and nays were ordered. help them. be careful and not give too much credit Mr. McCONNELL addressed the Are there things that can be done to this particular Federal agency. Chair. better or different than OPIC? Pos- Let me end by just stating, again, a The PRESIDING OFFICER. The Sen- sibly. But I ask the authorizing com- few historical facts. In 1971, OPIC’s ad- ator from Kentucky. mittee to look at that. ministrative budget was $3.2 million. In Mr. McCONNELL. Mr. President, There will be an authorizing bill on 1981, it was $7.5 million. In 1988, it was with the concurrence of the Senator OPIC. I am perfectly willing to listen $12 million. And in 1992, it was $16.4 from Colorado, I would like to lay the to the recommendations of my friends million. amendment aside in the hope that we on both sides of the aisle. In 1996, their administrative appro- can stack votes for later. We felt, the Senator from Kentucky priation was $28.1 million, and in 1997, Mr. ALLARD. Mr. President, I have and myself—he as chairman and I as it was $32 million. Also, according to no objection to that. ranking member—in looking at these OPIC, in 1988, their FTE’s, or full-time Mr. McCONNELL. I ask unanimous figures for OPIC that the amounts equivalent employment ceiling, was consent that we temporarily lay aside made sense. There certainly was unani- 125. In 1992, it was 155, and in 1996, it the Allard amendment. mous concurrence of Republicans and was 182. As these historical numbers Democrats on our subcommittee and in from OPIC point out, this is not some The PRESIDING OFFICER. Is there the full committee for the same rea- sleeping agency, but one whose admin- objection? Without objection, it is so son. istrative costs and employment have ordered. If an authorizing bill comes through increased substantially. Mr. HARKIN addressed the Chair. and changes that, it can change it. If we take the 1996 number of employ- The PRESIDING OFFICER. Does the This money doesn’t have to be spent ees and divide it into the 1996 adminis- Senator from Kentucky yield the floor? and an authorizing bill can make a dif- trative costs, it comes to $154,000 per The Senator from Iowa. S7550 CONGRESSIONAL RECORD — SENATE July 16, 1997 AMENDMENT NO. 899 OPIC and IMET to Pakistan will do SECRETARY OF DEFENSE (Purpose: To promote democracy-building nothing to direct further U.S. non- Washington, DC, July 16, 1997. activities in Pakistan.) proliferation efforts in South Asia. At Hon. TOM HARKIN, Mr. HARKIN. Mr. President, I have the same time, these restrictions seri- U.S. Senate, Washington, DC. DEAR TOM: I am writing to express my an amendment which I send to the ously hinder our ability to advance strong support for your legislation to restore desk. United States interests in trade and in- the International Military Education and The PRESIDING OFFICER. The vestment in Pakistan. Our influence in Training (IMET), Overseas Private Invest- clerk will report: the Pakistani military leadership and ment Corporation (OPIC), Trade and Devel- The assistant legislative clerk read our ability to strengthen democracy opment Agency (TDA), and democracy-build- as follows: and economic institutions in Pakistan ing programs in Pakistan. These programs is also adversely affected by these re- are currently precluded by sanctions that The Senator from Iowa [Mr. HARKIN], for have been imposed on Pakistan under the himself, Mr. WARNER, Mr. TORRICELLI, Mr. strictions. Symington Amendment. SANTORUM, and Mr. JOHNSON, proposes an I understand the concerns of some of We believe it essential to pursue these pro- amendment numbered 899. my colleagues in regard to Pakistan, grams—not as a reward to Pakistan—but as a Mr. HARKIN. Mr. President, I ask and I share some of those concerns. means of furthering important U.S. inter- unanimous consent that the reading of The issue of nonproliferation in South ests. Pakistan is now, and long has been, a friendly, moderate Islamic democracy in a the amendment be dispensed with. Asia is, indeed, an extremely impor- tant issue, but U.S. interests in South very difficult region. We believe that by ena- The PRESIDING OFFICER. Without bling it to participate in IMET, OPIC, TDA, objection, it is so ordered. Asia are important and increasing. The region contains one-fifth of the and democracy-building programs we will The amendment is as follows: strengthen democracy in Pakistan as an in- At the appropriate place, insert the follow- world’s population and occupies a criti- stitution, strengthen Pakistan’s troubled ing new section: cal geostrategic position—surrounded economy, and strengthen our relationship SEC. . DEMOCRACY-BUILDING ACTIVITY IN by China, the surging economies of with the Pakistani military—all of which PAKISTAN. East Asia, the Indian Ocean, the huge serve important U.S. interests in South Asia. (a) OPIC.—Section 239(f) of the Foreign As- oil and gas reserves in the Persian Gulf DoD is particularly supportive of legisla- sistance Act of 1961 (22 U.S.C. 2199(f)) is and the Caspian basin. tion that would restore Pakistan’s IMET amended by inserting ‘‘, or Pakistan’’ after Mr. President, I visited Pakistan and program. We believe that the positive impact ‘‘China’’. India earlier this year. I met in Paki- of IMET on the Pakistani military will serve to enhance our overall relationship with (b) TRAINING ACTIVITY.—Section 638(b) of stan with Prime Minister Sharif and the Foreign Assistance Act of 1961 (22 U.S.C. Pakistan and, by extension, will facilitate other members of his government. I be- our engagement with Pakistan in a number 2398(b)) is amended— lieve that Mr. Sharif has learned from of important areas including proliferation. (1) by inserting ‘‘or any activity to pro- past mistakes and is moving Pakistan Moreover, given Pakistan’s leading role in mote the development of democratic institu- UN peacekeeping—Pakistan currently leads tions’’ after ‘‘activity’’; and in the right direction. He has a strong the world as a contributor of troops to UN (2) by inserting ‘‘, Pakistan,’’ after mandate in parliament and has already taken bold steps toward rooting out peacekeeping operations—closer cooperation ‘‘Brazil’’. between our two armed forces is increasingly (c) TRADE AND DEVELOPMENT.—It is the corruption, privatizing the economy necessary for operational reasons. Senior sense of Congress that the Director of the and normalizing relations with India. Pakistani officers have told us that one of Trade and Development Agency should use These are positive steps, and the Unit- the consequences of our suspension of the funds made available to carry out the provi- ed States must send a strong signal of IMET program has been that a generation of sions of section 661 of the Foreign Assistance support and encouragement for Prime Pakistani officers has not had the positive Act of 1961 (22 U.S.C. 2421) to promote United exposure to U.S. and western values that is States exports to Pakistan. Minister Sharif’s initiatives. I strongly believe that it has come to made possible through IMET. Without IMET Mr. HARKIN. Mr. President, I offer the point where our uneven policy to- to provide a countervailing argument, these this amendment on behalf of myself, officers may find the often anti-American ward Pakistan is hampering our inter- message of Iran and Iraq more appealing. Senator WARNER, Senator TORRICELLI, ests in the region. Improved human Opponents of your legislation will claim Senator SANTORUM, and Senator JOHN- rights, nonproliferation and greater that Pakistan’s performance with regard to SON. trade and investment are being held proliferation should not be ‘‘rewarded’’ by Put simply, this amendment will hostage by this shortsighted policy. making it eligible for these assistance pro- allow the resumption of the Overseas I am pleased that my amendment has grams. We would respond that our denying Private Investment Corporation, OPIC, the strong support of the administra- any of these programs will not cause the International Military and Education tion in an effort to engage Pakistan on Pakistanis to forego strategic programs Training, IMET, Trade and Develop- which they believe are essential for their na- these important issues. Secretary tional security. However, by making these ment Assistance, TDA, and democracy- Albright and Secretary Cohen both feel assistance programs available, we will not building programs in Pakistan, such as strongly about the need for these only serve U.S. interests directly but will the National Endowment for Democ- changes. improve the climate of our overall relation- racy. Mr. President, I have a letter dated ship thus encouraging Pakistan to be more This measure, I will say at the out- the 16th of July from Secretary of De- receptive to our point of view in other areas. set, is not anti-India and it is not pro- fense Cohen. He said: I wholeheartedly support your efforts to enact this important legislation. Pakistan, it is pro-American interests. I am writing to express my strong support Sincerely, This will not be a vote for or against for your legislation to restore IMET, OPIC, India or Pakistan. India is, of course, a TDA and democracy-building programs in BILL. Mr. HARKIN. Let me read further friend of longstanding and an ally to Pakistan . . . We believe it essential to pursue these pro- from Secretary Cohen’s letter. I want the United States and is the largest grams—not as a reward to Pakistan—but as to get this last paragraph in. Secretary and oldest democracy in the region. It a means of furthering important U.S. inter- Cohen said: already receives the benefit of OPIC ests. Pakistan is now, and long has been, a Opponents of your legislation will claim and IMET, and it has for some time friendly, moderate Islamic democracy in a that Pakistan’s performance with regard to over 35 years. Therefore, I am confident very difficult region. We believe that by ena- proliferation should not be ‘‘rewarded’’ by that we can restore these programs to bling it to participate in IMET, OPIC, TDA making it eligible for these assistance pro- Pakistan without upsetting any bal- and democracy-building programs we will grams. We would respond that our denying strengthen democracy in Pakistan as an in- ance at all to the region. any of these programs will not cause the stitution, strengthen Pakistan’s troubled Pakistanis to forego strategic programs Trade between India and Pakistan is economy, and strengthen our relationship growing. OPIC assistance to Pakistan which they believe are essential for their na- with the Pakistani military—all of which tional security. However, by making these could actually help India because they serve important U.S. interests in South Asia. assistance programs available, we will not are working with Pakistan in the en- Mr. President, I ask unanimous con- only serve U.S. interests directly but will ergy sector. OPIC assistance would pro- sent that the letter from Secretary improve the climate of our overall relation- mote American investment in this sec- Cohen be printed in the RECORD. ship thus encouraging Pakistan to be more tor. There being no objection, the letter receptive to our point of view in other areas. Mr. President, it is now clear that was ordered to be printed in the Mr. President, I am also in receipt of continuing the policy of restricting RECORD, as follows: a letter signed by Under Secretary July 16, 1997 CONGRESSIONAL RECORD — SENATE S7551 Thomas Pickering. Again, I will just tion issues. We consider non-proliferation to While I appreciate that there are other im- read a couple parts of that: be one of the most complex and troubling is- portant and serious issues impacting on our sues in the South Asia region, and it will bilateral relationship, I respectfully ask that Dear Senator HARKIN: The Secretary has continue to be one of our highest priorities you consider the vital commercial link that asked me to convey her strong support for to work with the Pakistani government to exists between the U.S. and Pakistan and your proposed amendment to restore OPIC, restrain its nuclear and missile programs. move quickly to permit OPIC guarantees in IMET, TDA and democracy-building pro- That said, we need to consider carefully how Pakistan. The U.S. is the largest foreign in- grams for Pakistan. We firmly believe that to pursue our non-proliferation objectives in vestor in Pakistan and its largest trading allowing these programs to operate in Paki- conformity with the entire range of U.S. in- partner. I am convinced that U.S. commer- stan is in the U.S. interest, and that once re- terests in Pakistan. We believe that an ini- cial interests in Pakistan would increase stored they will be a key factor in strength- tiative such as yours—which will help to de- even more if OPIC programs were available. ening our relationship with an important velop Pakistan’s democracy, increase bilat- Furthermore, I am sure you will agree, that and friendly country in a vital part of the eral trade and investment, and enhance our permitting OPIC to operate in Pakistan world. access to and influence with Pakistan’s would contribute in a meaningful way to im- Mr. Pickering goes on: emerging military leadership—will advance proving our overall bilateral relationship. Thank you for your consideration. In the wake of the election of Prime Min- our interests without undermining our non- Sincerely, ister Nawaz Sharif, Pakistan has adopted im- proliferation agenda. JAMES B. TAYLOR. portant political and constitutional reforms, We appreciate and are pleased to support which promise to strengthen both the qual- your effort. MCI COMMUNICATIONS CORPORATION, THOMAS R. PICKERING. ity and continuity of democratic rule. We Washington, DC, March 22, 1996. want to bolster that effort by implementing Mr. HARKIN. Mr. President, a num- Mr. STROBE TALBOTT, programs to train Pakistan’s elected rep- ber of prominent United States busi- Deputy Secretary, Department of State, Wash- resentatives in democratic structures and ness leaders have asked the State De- ington, DC. legislative procedures. Your amendment partment to resume OPIC support for DEAR MR. TALBOTT: For many years, MCI would give us the requisite flexibility to pro- has successfully conducted business in Paki- ceed. investment in Pakistan so that Amer- ican business interests are promoted in stan with Pakistan PTT, the government- owned telephone company. Pakistan has Mr. President, I ask unanimous con- that region. In no other country in sent that Secretary Pickering’s letter proven to be a reliable business partner. We South Asia is OPIC prohibited from understand that the Overseas Private Invest- be printed in the RECORD. providing support and assistance. I ment Corporation (OPIC) is finalizing an There being no objection, the letter have examples, a number of letters of agreement with the government of Pakistan was ordered to be printed in the United States businesses urging the ad- to provide political risk insurance covering RECORD, as follows: ministration to resume OPIC’s support foreign investments in Pakistan. This agree- DEPARTMENT OF STATE, UNDER SEC- of Pakistan. ment should provide the added security nec- RETARY OF STATE FOR POLITICAL Mr. President, I have letters from essary for MCI and other American compa- nies interested in increasing their invest- AFFAIRS, several different companies that I have Washington, DC, July 15, 1997. ments in Pakistan. Any action taken to ex- here that have written letters asking Hon. TOM HARKIN, pedite completion of this agreement would U.S. Senate. that OPIC be allowed to resume in be helpful. DEAR SENATOR HARKIN: The Secretary has Pakistan so that they can begin to in- Sincerely, asked me to convey her strong support for vest in Pakistan—a letter from Occi- MARK ESHERICK, your proposed amendment to restore OPIC, dental Oil and Gas; a letter from MCI Senior Policy Advisor. IMET, TDA and democracy building pro- Communications; a letter from Solar grams for Pakistan. We firmly believe that SOLAR TURBINES, Turbines, a Caterpillar Company; a let- Washington, DC, March 26, 1996. allowing these programs to operate in Paki- ter from Alpha-Gamma Technologies, stan is in the U.S. interest, and that once re- Hon. STROBE TALBOTT, stored they will be a key factor in strength- Inc., in Raleigh, NC; a letter from Bos- Deputy Secretary, Department of State, Wash- ening our relationship with an important ton Technology, Inc., in Wakefield, ington, DC. and friendly country in a vital part of the MA; a letter from Hawkins Oil & Gas, DEAR MR. TALBOTT: This letter is a request world. Inc., in Oklahoma; a letter from for you to look favorably upon making the In the wake of the election of Prime Min- Tenaska International, Omaha, NE; resources of the Overseas Private Investment Corporation available to U.S. exporters when ister Nawaz Sharif, Pakistan has adopted im- and several other letters. I will not portant political and constitutional reforms, doing business in the Country of Pakistan. read them all. But Mr. President, I ask Such action would be consistent with the which promise to strengthen both the qual- unanimous consent that several of ity and continuity of democratic rule. We availability of Export-Import Bank financ- want to bolster that effort by implementing these letters be printed in the RECORD. ing and insurance and the apparent desire on the part of the U.S. Government to work programs to train Pakistan’s elected rep- There being no objection, the mate- closely with the Government of Pakistan resentatives in democratic structures and rial was ordered to be printed in the RECORD, as follows: after the prime minister’s visit of last year. legislative procedures. Your amendment will Pakistan represents an important market give us the requisite flexibility to proceed. OCCIDENTAL OIL AND GAS CORP., to U.S. exporters and the resources of OPIC At the same time, the Government of Bakersfield, CA, April 10, 1996. will be of considerable value in generating Pakistan is undertaking an ambitious re- Hon. STROBE TALBOTT, additional export revenue and jobs within form program to stabilize Pakistan’s trou- Deputy Secretary, Department of State, Wash- the United States. At the same time, the bled economy. The United States, as Paki- ington, DC. U.S. businesses will, by working more close- stan’s leading trading partner and largest DEAR MR. SECRETARY: I am writing at this ly with Pakistan, further the cause of de- source of foreign investment, is in a favor- time concerning an important matter im- mocracy and environmental awareness. able position to influence and benefit from a pacting on U.S. commercial relations with Your leadership in this matter will be stable economic situation in Pakistan. Ex- the Republic of Pakistan. I understand that greatly appreciated. Thank you for your con- tending Trade and Development Assistance the Overseas Private Investment Corpora- sideration. and OPIC support to U.S. firms in Pakistan tion (OPIC) is still not permitted to offer its Most sincerely, will increase our engagement with the Paki- programs in Pakistan. I urge you to review PETER CARROLL. stani government on reform issues, while en- this matter and to do what you can to expe- suring that our firms are well positioned to dite the implementation of OPIC programs ALPHA-GAMMA TECHNOLOGIES, INC., compete for investment and trade opportuni- in Pakistan. Raleigh, NC, March 18, 1996. ties. Occidental Petroleum Corporation has had Mr. STROBE TALBOTT, Finally, we believe that restoring IMET successful oil and gas producing operations Deputy Secretary of State, programs will have an appreciable impact on in Pakistan for twelve years. Pakistan pre- Washington, DC. our relationship with the Pakistani military. sents unique business opportunities and of- DEAR MR. TALBOT: Alpha-Gamma Tech- For seven years, the United States has fers a stable environment for American com- nologies, Inc. is actively pursuing a private lacked contact with junior and mid-level panies and for companies from a host of power development project in Pakistan. Pakistani officers, from whose ranks will other countries around the world. U.S. trade Along with two other U.S. based companies, emerge the next generation of Pakistani and commercial ties with Pakistan serve to we have plans to make a significant invest- military leaders. We would serve our inter- enhance the overall relationship between our ment in the power generation sector in that ests well by giving them exposure to U.S. two countries. However, in order for U.S. country. However, we are placed at a signifi- practices, institutions, and values. companies to compete more aggressively in cant disadvantage against foreign competi- We, like you, continue to have concerns re- Pakistan, they must have access to OPIC tion due to non-availability of OPIC cov- garding Pakistan’s record on non-prolifera- programs. erage. S7552 CONGRESSIONAL RECORD — SENATE July 16, 1997 I believe that recent legislation passed by is very desirable for the Uch project. Due to port an expeditious signing of the relevant the U.S. Congress makes OPIC coverage the project’s advanced stage of development, protocol. available in Pakistan. However, implementa- we hope that OPIC insurance becomes avail- Southern Electric is a wholly owned sub- tion of this legislation seems to be taking able for Pakistan as soon as possible. sidiary of The Southern Company, one of the some time. Any assistance you can provide Speaking for Tenaska, we are most inter- largest electric utility holding companies in in expediting the availability of OPIC cov- ested in future project development in Paki- the U.S., and is based in Atlanta, Georgia. erage in Pakistan would greatly help U.S. stan as well. Availability of OPIC insurance Southern Electric finances, builds, owns and firms in their efforts to compete in the Paki- will be of great benefit to us for future operates electricity generation, transmission stan market. projects. and distribution assets in the U.S. and Sincerely, We urgently request your support in mak- around the world. Currently, Southern Elec- REESE H. HOWLE, ing OPIC insurance available for projects in tric has international assets in Argentina, President. Pakistan. Bahamas, Chile, Trinidad and the United Sincerely, Kingdom. BOSTON TECHNOLOGY, INC., PAUL G. SMITH, Again, I appreciate your consideration and Wakefield, MA, March 19, 1996. CEO, Tenaska International. support with respect to OPIC insurance for Mr. STROBE TALBOTT, Pakistan. If you have any questions or con- Deputy Secretary of State, UNION TEXAS PETROLEUM, cerns regarding this matter, please feel free Washington, DC. March 20, 1996. to contact me. DEAR MR. STROBE TALBOTT: I am writing in Mr. STROBE TALBOTT, Regards, response to a phone message from a Mr. Deputy Secretary of State, THOMAS G. BOREN. Monsori Ali, the Economic Minister of Paki- Washington, DC. DEAR MR. TALBOTT: We are writing in sup- stan, at the Embassy in Washington. Boston HYCARBEX, INC. port of initiatives by the Administration and Technology is a telecommunications firm Irving, TX, March 20, 1996. in Congress to further improve relations be- employing more than 500 people in the Bos- Mr. STROBE TALBOTT, tween the United States and Pakistan, par- ton Area, with offices worldwide. Deputy Secretary of State, ticularly the reactivation of Overseas Pri- We have already done some business in Washington, DC. vate Investment Corporation (OPIC) pro- Pakistan with Paktel, and are currently ne- DEAR MR. TALBOTT: This letter is a request grams. Union Texas is a United States public gotiating for additional business with PTC, that the process to restore OPIC insurance company that has operated oil and gas con- the Pakistan Telephone Company. coverage for Pakistan be completed at the cessions in Pakistan since 1977. During 1995, It would be of great assistance if the Sen- earliest date. Our company has obtained a our operations produced approximately 37% ate would approve the Opic Insurance provi- petroleum concession in Pakistan and is of Pakistan’s domestic oil production and sion currently under consideration. soon mobilizing our resources for the explo- 10% of its natural gas production. Over the Thank you for your interest in Boston ration and development of hydrocarbon re- years, we have had a productive and mutu- Technology. sources in Pakistan. I am confident that an ally beneficial relationship with the peoples Sincerely, agreement between the Governments of the and Government of Pakistan. We strongly TODD HASSELBECK, United States and Pakistan regarding OPIC’s believe that the United States should work Vice President International Sales. coverage will assist not only in our business to further strengthen its relations with but also others who are interested in doing HAWKINS OIL & GAS, INC., Pakistan. During 1995, Union Texas and the Govern- business in Pakistan. Tulsa, OK, March 14, 1996. Please accept my thanks and appreciation Mr. STROBE TALBOTT, ment of Pakistan signed a new petroleum concession agreement and we began discus- in advance for your assistance. Deputy Secretary of State, Yours sincerely, Washington, DC. sions regarding downstream projects, includ- ing electrical power generation and liquefied DAVID L. COX, Ref: OPIC Restoration for Pakistan. petroleum gas opportunities. The availabil- President. DEAR MR. TALBOTT: This letter is a request ity of OPIC programs could be a critical fac- that the process to restore OPIC insurance tor in our ability to commit to certain of AES CORP., coverage for Pakistan be completed at the these projects in the future. Arlington, VA, March 19, 1996. earliest possible date. Our company has been We hope that the Administration will give Hon. STROBE TALBOTT, working since 1989 to construct and operate its full support to reactivating OPIC’s abil- Deputy Secretary of State, a 586 MW power plant—the Uch Power ity to offer its programs in Pakistan, thus Washington, DC. Project—in Pakistan. We have been pleased encouraging U.S. investment and fostering a DEAR MR. TALBOTT: The AES Corporation by the policy behind the Brown Amendment, positive and supportive environment for re- is an American company in the business of and now are hopeful that its expected bene- lations between our two nations. building, owning and operating private elec- fits can be realized. U.S. companies own over Very truly yours, tric power generating facilities in the United 50 percent of the Uch project equity, and W. M. KRIPS. States and abroad. We have seven plants in most of the $625 million plant budget is for the U.S., three in the U.K., three in Argen- purchase of U.S. sourced goods and services. SOUTHERN ELECTRIC INTERNATIONAL, tina, and four in China. More recently, we We are on the verge of financial closing of Atlanta, GA, March 19, 1996. have completed the financings for and begun this project, and hope to receive clearance Mr. STROBE TALBOTT, construction of two power plants in Paki- for filing our application for OPIC insurance Deputy Secretary of State, stan. It is because of this activity that we thereafter. Washington, DC. write to you. Please accept my thanks and appreciation DEAR MR. TALBOTT: You may be aware that We have been working in Pakistan for two in advance for your assistance. the Government of Pakistan (GOP) is pursu- and one half years, and have committed sub- Sincerely, ing a comprehensive program of privatizing stantial amounts of time and—more re- JOHN B. HAWKINS. some of its major state-owned companies. As cently—equity capital to this country. Our part of this program, the GOP is privatizing dealings with the Government of Pakistan TENASKA INTERNATIONAL, the Kot Addu Power Station (KAPS) which is have been uniformly characterized by both Omaha, NE, April 8, 1996. the largest (1600 MW) thermal electric power fairness and remarkable expedition. We’re Mr. STROBE TALBOTT, generating station in Pakistan. Southern pleased with our success there, and with the Deputy Secretary, Department of State, Wash- Electric International is seriously pursuing positive impact on American jobs that this ington, DC. this opportunity in competition with three success will have, indirectly and directly. DEAR MR. TALBOTT: On behalf of the Uch other major international companies, two of What has been lacking in Pakistan is our Power project sponsors, I am writing to re- which are non-U.S. This project will be bid ability to access the insurance and financing quest your support for making Overseas Pri- this month with financial closing expected programs of the Overseas Private Investment vate Investment Corporation (OPIC) funding in September. Corporation (OPIC). As you know, until re- available for Pakistani projects. As a U.S. company, Southern Electric cently OPIC was congressionally prohibited As you know, Tenaska International and International’s commercial objectives in from offering its services to U.S. companies four other companies are developing the Uch Pakistan are constrained by the delays in operating in Pakistan. Power Limited independent energy project the signing of the relevant protocol that will These restrictions have now been lifted, in Pakistan. The other U.S. sponsors are GE allow OPIC to provide the needed insurance and we urge you to act quickly to allow Capital Corp. and Hawkins Oil and Gas. Ad- risk coverages. The availability of OPIC in- OPIC to offer insurance coverage there. It ditionally, Midlands Electricity of the UK surance coverage for Pakistan would en- will help our efforts and the efforts of many and Hasan and Associates of Pakistan are hance the competitiveness and investment American companies to do business in Paki- project sponsors. options available to Southern Electric and stan. The $630 million project is nearing finan- all U.S. companies interested in investing in Sincerely, cial close, and limited construction already Pakistan. Therefore, I would appreciate very ROBERT F. HEMPHILL, Jr., has begun. Having access to OPIC insurance much if your office would facilitate and sup- Executive Vice President. July 16, 1997 CONGRESSIONAL RECORD — SENATE S7553 Mr. HARKIN. Mr. President, the Gov- briefly outline the long history of ance with the Mutual Defense Treaty, ernment of Pakistan is pursuing dra- friendship between Pakistan and the Pakistan allowed us to set up some matic economic reforms, including lib- United States. bases. One of them was a base from eralization, privatization, and deregu- I believe it is important that this ap- which we flew our U–2 flights over the lation in order to transition its econ- pear in the RECORD. Soviet Union. One of those flights, as omy into a fully market-oriented sys- Since 1947—50 years ago—the found- we all sadly remember, was shot down tem. Once OPIC support is reinstated, ing of the nation of Pakistan, the peo- by the Soviets. Francis Gary Powers the United States will be able to insti- ple of Pakistan have been helping to was the pilot, and we all know how the tute trade and development assistance serve United States interests in South Soviets paraded him as one of their programs as well. U.S. companies will Asia and around the world. When the trophies. be able to pursue business opportuni- first Prime Minister of Pakistan, Soviet leader Nikita Khruschchev ties in a wide variety of sectors, such Liaqat Ali Khan, chose to undertake turned his ire on Pakistan because he as power generation, telecommuni- his first overseas visit, it was to the knew that was where the plane was cations, highway construction, port de- United States instead of to the Soviet based. He threatened to use nuclear velopment and operations, oil and gas, Union, despite efforts by Moscow to en- arms and weapons against Pakistan. and banking and finance. tice him there and despite their prox- He boasted that the city of Peshawar I also point out, Mr. President, that imity to both the Soviet Union and would be wiped off the face of the the Government of Pakistan is in the China. Since the late 1940’s, Pakistan Earth. The Foreign Minister of Paki- process of privatizing its banking sys- has helped the United States on numer- stan, in his recently published account tem. OPIC can be of great help and sup- ous occasions in promoting and pro- of the incident, describes the cool and port in doing that. tecting American interests. confident reaction of the then-Presi- Further, the prohibition of IMET has In a speech to this Congress, Prime dent of Pakistan, who dismissed the meant an emerging generation of Paki- Minister Liaqat Ali Khan proclaimed— Soviet threat by saying, ‘‘So what?’’ stani military officers has not had ac- and I quote— Again, put yourself in that context. cess to training in the United States. No threat or persuasion, no material peril, Korean war, Mutual Defense Treaty, Let me be clear that IMET does not or ideological allurement could deflect Paki- allowing us to base our U–2 spy planes mean the transfer or sale of any weap- stan from its chosen path of free democracy. there. They are bordering right on the ons. It only means valuable education Pakistan lived up to its commit- Soviet Union, and yet they stood by us. assistance to other militaries which ments later on in June 1950, when it de- Pakistan again came to the assist- help foster valuable military-to-mili- clared its unqualified support for the ance of the United States by helping to facilitate the crucial opening of Amer- tary contacts with the United States United States in our war in Korea and ican relations with China. In 1970, and the host country and allows the backed us in that war. then-Secretary of State Henry Kissin- United States to impart its values to In 1954, they joined the Central Trea- ger undertook a secret visit to China other militaries. ty Organization. Mr. President, according to the De- In 1955, they joined SEATO, the from Pakistan. Thus, again, Pakistan partment of Defense, the Chinese are South East Asian Treaty Organization. served as that vital bridge between the currently the single largest provider of These two American-backed alliances United States and China. Again, it was military training to Pakistani Forces. were aimed at the containment of com- critical in the cold war to restrain the Soviet Union. Cutting off Pakistan from IMET assist- munism and were very successful. From 1979 to 1989, the United States ance over the last 7 years has therefore In 1959, our two countries signed a went to Pakistan and asked them to mutual defense treaty which is still reduced our contacts among the mili- cooperate with us in and help us fight operational today. tary leadership in Pakistan and re- the Soviet invasion of Afghanistan So this is a long history. duced their exposure to United States through infiltration of military equip- Again, some will say, well, Pakistan institutions and values. This 7-year ment and other devices. Once again, has had military dictatorships and vio- vacuum has been filled by China—not Pakistan said yes to the United States lations of human rights. That is true. I in our best interests. In addition to even though they faced great danger. understand that. But I believe that the providing American-style military Not only did the Soviet Union, again, freedom advocates, the freedom fight- training, IMET can be used to provide threaten Pakistan with dire con- ers, those who struggle continually in training in human rights, military jus- sequences, but launched a campaign of Pakistan for democracy and freedom tice, and civilian-military relations. subversion and terror against Paki- The chief of the Army staff, General have been at it continually. They have stan. The country experienced numer- Karamat, for Pakistan, who attended been assassinated and tortured and put ous violations of its ground and air the United States Army Command and in jail, but they continue to struggle space, terrorist bombings, and subver- General Staff College in Fort Leaven- for democratic freedoms in that coun- sion. worth, KS, has stated that he would try. Since 1992, Pakistan has been at the rather send his officers to the United Those are the ones about whom I forefront of peacekeeping operations. States to study rather than to China. I speak, not the military dictatorships, We went to them and asked them to think we ought to take him up on that. but the brave people in Pakistan that supply troops for Somalia, and they The United States has an IMET Pro- continue to struggle and fight and to said yes. And we went to them and gram with every country in South Asia maintain an adherence to democracy. asked them to supply troops for the except for Pakistan, including Nepal, Mr. President, from that time on, Haiti operation, and they said yes. Bangladesh, Sri Lanka, India, even the Pakistan has been on our side and by And, Pakistan made significant con- Maldives. This policy does not make our side whether it is in Korea or tributions to the multinational force sense. IMET should be restored not as whether it is in Somalia, whether it is during the Gulf War to help liberate a favor to Pakistan but because it is in Haiti, or in Bosnia. Yes, Pakistan Kuwait. Pakistani troops are currently clearly in the United States interests right now has troops in Bosnia. And in Bosnia. to do so. they have faced dangers time and time In 1995, we asked Pakistan to return That is what this amendment is real- again, but they have stuck by our side. a suspected terrorist, Ramzi Yousaf, ly all about, helping the Unites States. I spoke, not the military dictators, for his alleged involvement in the It is pro-American. Pakistan is not get- not the repressive forces in Pakistan, World Trade Center bombing. And they ting military training from the United but to those brave people of Pakistan did. States; it is getting it from China. Is who, through all of this, continue to And, recently, the CIA was able to re- that serving U.S. interests? I do not struggle and to fight against corrup- turn to the United States, Mir Aimal think so. tion and to maintain an adherence to Kansi, a Pakistani who is charged with This amendment is not for anyone democracy. killing two CIA employees outside CIA else but the United States because it In 1960, Pakistan’s commitment, its headquarters. will be our interests that are best friendship to the United States was put As a moderate democratic Islamic served by it. Mr. President, let me to a very severe test. Again, in accord- ally, Pakistan is our most tried and S7554 CONGRESSIONAL RECORD — SENATE July 16, 1997 trusted friend we have in the Islamic Afghanistan. Pakistani cooperation WARNER, which would authorize the re- world. They have stood by our side was critical to the success of United sumption of certain forms of economic against the Soviet Union’s aggression. States operations related to Afghani- assistance and military training activi- And they have stood by our side in the stan. ties with Pakistan. fight against terrorism. The amendment before the Senate The amendment would allow the pro- So I say to my colleagues, let us today does not call for a full resump- vision of assistance by the Overseas treat our friend and ally Pakistan as tion of United States assistance to Private Investment Corporation they deserve to be treated due to their Pakistan. Most importantly, the exist- [OPIC], the resumption of military longstanding support for the United ing prohibitions on providing military training activities, and certain other States, but most importantly it is in equipment would be retained. The pro- trade and democratic assistance to our best interests to do so. Granting grams we are talking about—particu- Pakistan. This aid had been terminated OPIC and IMET will help U.S. business larly OPIC and IMET—are of great ben- due to Pakistan’s continued inability interests and U.S. national security in- efit to the United States, as well as to keep its many promises and assur- terests. It will help exports, foster Pakistan. OPIC financing will allow ances to the United States concerning military-to-military contacts and give United States businesses to success- the peaceful nature of its nuclear pro- the United States better intelligence in fully compete for business opportuni- gram. The amendment would resume the region. It is fair, it is right, and ties in Pakistan; and IMET will allow this specific assistance and do so un- makes good sense for the United States the next generation of Pakistani mili- conditionally. to change its shortsighted policy and tary leaders to be exposed to our val- I used the word, ‘‘unconditionally.’’ pursue long-term interests in the re- ues. That means, the assistance could con- gion. During today’s debate on this amend- tinue in the future to flow even if Paki- Mr. President, I yield the floor. ment, we will likely hear discussion stan acquired new uranium enrichment Mr. WARNER addressed the Chair. about Pakistan’s nuclear activities. assistance from China or transferred The PRESIDING OFFICER (Mr. AL- While I share the concerns of my col- its own technology to some other coun- LARD). The Senator from Virginia. leagues with the proliferation of weap- try. Mr. WARNER. Mr. President, I am ons of mass destruction in South Asia, The aid could flow if Pakistan deto- very pleased that my distinguished this amendment does not undermine nated a nuclear device or transferred friend and colleague approached me to our nonproliferation goals. To the con- nuclear weapons designs or components form a partnership for the purpose of trary, I believe that we may be better to some other country. this amendment. In different ways and able to influence developments in The aid could flow if Pakistan once at different times both of us have Pakistan if we remain engaged with again attempts to violate United worked closely with Pakistan. As a that nation. States nuclear export control laws by member of the Intelligence Committee I urge my colleagues to support this acquiring nuclear equipment or mate- for 8 years, and then as vice chairman, amendment. rials for its bomb program. I worked very closely during the war in I compliment Senator HARKIN for his The aid could flow if Pakistan starts Afghanistan, and through the years hard work on this amendment. We have the unsafeguarded production of pluto- have come to know many of the distin- talked with a number of our col- nium, an activity that may soon com- guished persons from that nation who leagues. We have talked with the ad- mence with the completion of its pro- have come to the United States either ministration. Former Ambassador duction reactor at Khushab. in an official capacity or indeed many, Pickering, now a senior official at the The aid could flow, in short, with no many who have a heritage in Pakistan Department of State, of course had expectation whatsoever that such aid who have come to reside and take up written us. Those letters are now in the would be accompanied by further their responsibilities in America. RECORD, to my understanding. progress in restraining Pakistan’s And that is why I agreed to be the I rank him among the most knowl- bomb program. And in so flowing, the principal cosponsor with my distin- edgeable of our present-day persons in aid could help Pakistan—albeit in a re- guished colleague. the Department of State, indeed stricted way—to alleviate the burdens Specifically, the amendment would throughout the administration, and of United States nuclear sanctions. In allow the United States to provide value his judgment greatly. I have other words, America could be helping OPIC financing for United States com- worked with him for some 15 to 18 Pakistan to cope with United States panies operating in Pakistan; would years now. And therefore, Mr. Presi- nuclear sanctions, rather than signal- allow the resumption of the IMET pro- dent, I strongly urge the adoption of ing our fundamental national convic- gram to train Pakistani military offi- this amendment. tion in policy and in law that prolifera- cers in the United States; and would At this time I yield the floor in rec- tion must have a price. Instead of mak- allow assistance for activities to pro- ognition of my colleagues. ing proliferators pay, we could be issu- mote the development of democratic Mr. HARKIN. I just want to thank ing special rewards for proliferation. institutions. my colleague for his aid, his assistance, The key here is obviously the word, This limited economic and training and strong support of this amendment, ‘‘could’’. The President would be left, assistance to Pakistan will ensure that and for talking to colleagues here on under this legislation, with the dele- the United States will remain con- the Senate floor about the importance gated responsibility of determining structively engaged with a nation that to the U.S. interests of making sure we whether the continuation of U.S. as- has a long history as a friend and ally reinstate OPIC, IMET, TDA, the de- sistance in the face of any of the ac- of the United States. mocracy initiative, and thank the dis- tivities above would truly serve the Almost from its creation as a nation tinguished Senator from Virginia for U.S. national interest. And I for one in 1947, Pakistan has assisted the Unit- his strong support and his help in this surely cannot imagine any cir- ed States in containing Soviet expan- effort. cumstance where such a determination sion in this critical part of the world. Mr. WARNER. I thank my distin- could be made. In 1954, the United States and Pakistan guished colleague, and particularly for Yet I hope that this amendment will signed a mutual defense assistance his reference to IMET. It is a program not send the entire world exactly the agreement which, over the following 10 I have dealt with throughout my career wrong message about America’s com- years resulted in the United States both in the Department of Defense and mitment to nonproliferation. providing Pakistan over $700 million in here in the Senate. And it returns The amendment must not suggest military grant aid. United States eco- great dividends to the United States. I that America has lost the political will nomic aid to Pakistan was even more am delighted that this will be a part of to keep nonproliferation as a key na- generous—this Nation provided over $5 it. tional security policy in our dealings billion to Pakistan from 1951–82. I yield the floor. with other countries. This close relationship was of great Mr. GLENN. Mr. President, I rise to It must not signal that our country benefit to the United States following speak about the amendment offered by is more concerned with promoting its the December 1979 Soviet invasion of my colleagues, Messrs. HARKIN and opportunities for trade and investment July 16, 1997 CONGRESSIONAL RECORD — SENATE S7555 than it is about curtailing the global keeping and other multilateral oper- stan is not detonating nuclear weapons spread of nuclear weapons. ations; antiterrorism assistance; an ex- right now. We should rejoice that Paki- It must not indicate that countries emption from storage costs for embar- stan is not transferring its bombs, can make—and then systematically goed military equipment; and delivery bomb designs, or bomb components— break—solemn promises to the United of military items sent to the United right now anyway—to other countries. States concerning matters of profound States for repair before the 1990 sanc- We should be happy that Pakistan has importance to regional and inter- tions. not yet imported a complete nuclear national security, and do so without For its sponsors, the Brown amend- reprocessing plant or uranium enrich- jeopardizing the flow of much-desired ment suffered from one rather serious ment plant from China, and be grateful U.S. foreign assistance. problem, however. That amendment that it is only technical assistance and Now all of us here today are familiar failed to recognize that Pakistan was components that Pakistan has received with the notion that America should still in violation of the Symington for its bomb program from China. By engage Pakistan by providing in- amendment, sec. 101 of the Arms Ex- golly, we should celebrate the fact that creased United States assistance as a port Control Act, and the likelihood of Pakistan does not yet have an ICBM, means of restraining its nuclear pro- presidential waiver of the latter was or that it has not yet attacked Indian gram. It would not be the first time extremely remote, in light of Paki- civilian or military positions with nu- that members of the Senate or the Ex- stan’s continued violations of that law. clear weapons hung under the wings of ecutive had argued that additional In short, because the Brown amend- United States-supplied F–16 aircraft. military or economic aid would serve ment neither repealed nor amended the Yes, we can surely be grateful for all as a valuable instrument of non- Symington amendment, the Symington the above restraint. proliferation. But I do not believe that amendment continues to outlaw the But maybe, just maybe, all of this the sponsors of this amendment today provision of aid under the Arms Export heroic nuclear restraint that Pakistan would sincerely make such an argu- Control Act or the Foreign Assistance has exercised is due in good measure to ment. We simply cannot turn a blind Act to Pakistan. That is why the the real and palpable costs that Paki- eye to history. present amendment is being offered—it stan would pay if it engaged in any of Mr. President, I ask unanimous con- is being offered to liberalize the sanc- those flagrant activities—costs that in- sent to insert at the end of my remarks tions under the Symington amend- clude, but are no means limited to, the a list of statements concerning the al- ment. costs that are found in existing United I note that the International Finan- leged value of United States foreign as- States sanctions legislation. cial Institutions Act only requires U.S. sistance as a tool of nuclear restraint We must examine, however, not just executive officers at those institutions in Pakistan. I urge my colleagues to at what Pakistan has not done, but merely ‘‘to consider’’ the nonprolifera- read a few of such assurances that also recall what Pakistan has done. tion credentials of the potential recipi- United States officials provided to Con- Here is what Pakistan has done re- ent country, and hence this does not gress throughout the decade of the cently: 1980’s, the very decade, lest we forget, prohibit continued aid via such institu- Pakistan has acquired thousands of tions. Pakistan has received hundreds that Pakistan crossed its most signifi- specially-designed ring magnets for its of millions of dollars in assistance cant milestones on its march to the unsafeguarded uranium enrichment from such institutions since October bomb. project, and reportedly acquired them The PRESIDING OFFICER. Without 1990. The Export-Import Bank Act only re- just about the time the United States objection, it is so ordered. quires the denial of credits in the event Congress was debating the Brown (See Exhibit 1.) of violations of safeguards or a US nu- amendment in 1995. Pakistan’s actions Mr. GLENN. I would like to remind make a mockery not just of the Brown my colleagues that most United States clear cooperation agreement; nuclear detonations; or persons or countries amendment, but also of America’s nu- economic and military aid to Pakistan clear nonproliferation policy as a was cut off in October 1990 by President that willfully aid and abet non-nuclear- weapon states to get the bomb. whole. George Bush, when he was no longer A host of other legislative amend- Pakistan is nearing completion of an able to certify that Pakistan did not ments have authorized the provision of unsafeguarded plutonium production possess nuclear weapons or that the the following forms of assistance to capability with its production reactor provision of further United States aid Pakistan, notwithstanding existing nu- at Khushab and, by some reports, a re- would reduce the risk that Pakistan clear sanctions, via nongovernmental lated nuclear reprocessing plant. would come to possess such weapons. organizations: agricultural, rural de- Pakistan has in the eyes of most of That language, found in the Pressler velopment, and nutrition; population the world, but evidently not yet those amendment, sec. 620E(e) of the Foreign and health; education and human re- in our own State Department, acquired Assistance Act, has been substantially sources development; energy; appro- nuclear-capable M–11 missiles from relaxed in recent years, in part by the priate technology; use of cooperatives China, and recently test-fired its HATF actions of Congress, and in part by ac- in development; integrating women missile. tions taken unilaterally by the Execu- into national economies; human rights; On March 20, 1997, the trade publica- tive. Let me review briefly just how far environment and natural resources; en- tion, Nucleonics Week, reported that America has gone already to relax dangered species; and private and vol- ‘‘Pakistan has completed its tests of these sanctions. untary organizations. its atomic bomb capability success- The Brown amendment, which was So America has not been heartless to fully through computer simulation.’’ enacted in February 1996, amended the the lot of Pakistan’s vast majority, its This claim was made by one who Pressler amendment to allow the provi- poor people. We have over the years should know, Pakistan’s former Army sion of all types of economic assist- provided billions of dollars of assist- Chief of Staff, Mirza Aslam Beg, and ance, notwithstanding Pakistan’s con- ance intended to improve the living comes as a particularly bitter reminder tinuing non-compliance with the Pres- conditions of the people of Pakistan. of the Senate’s unfortunate decision sler criteria. In addition to allowing Our grievance today is not with the last week to vote down a proposal by the transfer of over a third-of-a-billion people of Pakistan but with their Gov- my colleagues, Messrs. COCHRAN and dollars of embargoed military gear to ernment. It arises in particular from DURBIN, to tighten up export controls Pakistan—including spare parts and the awesome and growing credibility over high-powered computers going to upgrades for Pakistan’s probable nu- gap between the peaceful words of Pakistan and other risky countries. clear-weapons delivery vehicle, the F– Pakistan’s leaders about their coun- In June 1997, the CIA Director sent to 16—the Brown amendment also uncon- try’s nuclear program, and the certain Congress an unclassified report on ditionally authorized the resumption of fact that Pakistan is continuing to de- global weapons proliferation in the last the following aid: international narcot- velop nuclear weapons and the missiles 6 months of 1996—Report entitled: ‘‘The ics controls; military-to-military con- to deliver them. Acquisition of Technology Related to tacts, including IMET; humanitarian Now some might argue that we Weapons of Mass Destruction and Ad- and civic assistance projects; peace- should simply be grateful that Paki- vanced Conventional Munitions: July- S7556 CONGRESSIONAL RECORD — SENATE July 16, 1997 December 1996’’. Here is what the re- zerland, South Korea, Taiwan, Ger- lieve that past and continued American sup- port had to say about Pakistan: many, Japan, and numerous other port for Pakistan’s conventional defense re- duces the likelihood that Pakistan will feel Pakistan was very aggressive in seeking countries that individually reached compelled to cross the nuclear threshold.’’ out equipment, material, and technology for their own decisions that their latent Deputy Assistant Secretary of Defense its nuclear weapons program, with China as nuclear weapons options are just not Robert Peck, testimony before House sub- its principal supplier. Pakistan also sought a worth the substantial national security committee, 17 February 1988: ‘‘We believe wide variety of nuclear-related goods from and economic costs of exercising those that the improvements in Pakistan’s conven- many Western nations, including the United options. Make no mistake about it: tional military forces made possible by U.S. States. China also was a major supplier to assistance and the U.S. security commit- Pakistan’s ballistic missile program, provid- cost assessments have been and will continue to be crucial to national lead- ment our aid program symbolizes have had a ing technology and assistance. Of note, Paki- significant influence on Pakistan’s decision stan has made strong efforts to acquire an ers around the world in making such to forego the acquisition of nuclear weap- indigenous capability in missile production decisions. ons.’’ technologies. We will not come any closer to wit- Special Ambassador at Large Richard Ken- The report also said that, nessing the dawn of that new day, how- nedy, testimony before two House sub- The Chinese provided a tremendous variety ever, if we continue on our current committees, 22 October 1987: ‘‘We have made of assistance to both Iran’s and Pakistan’s course of incrementally weakening the it clear that Pakistan must show restraint ballistic missile programs. costs we impose for proliferation where in its nuclear program if it expects us to con- tinue providing security assistance.’’ Needless to say, these are some of the it occurs. I remain concerned that Assistant Secretary of State Richard Mur- key findings from just one recent un- while today’s step is quite modest and phy, testimony before Senate subcommittee, classified U.S. government report, per- incremental, the overall tendency is 18 March 1987: ‘‘Our assistance relationship haps the tip of the proverbial iceberg. one that is suggestive of a weakening is designed to advance both our non-pro- Mr. President, I ask unanimous con- of America’s resolve to pursue vigor- liferation and our strategic objectives relat- sent to insert into the RECORD at the ously its key nonproliferation goals. ing to Afghanistan. Development of a close end of my remarks copies of some of Last week we gave the Senate’s bless- and reliable security partnership with Paki- these relevant reports. ing to the disposal of licensing require- stan gives Pakistan an alternative to nu- The PRESIDING OFFICER. Without clear weapons to meet its legitimata secu- ments for computers that were used in rity needs and strengthens our influence on objection, it is so ordered. making hydrogen bombs. Today we Pakistan’s nuclear decision making. Shifting (See exhibit 1.) loosen sanctions on Pakistan despite to a policy of threats and public ultimata Mr. GLENN. How are we to interpret its ongoing nuclear and missile pro- would in our view decrease, not increase our such activities? Should we just write grams. Where will this process lead to- ability to continue to make a contribution them off as due to India’s own irrespon- morrow? to preventing a nuclear arms race in South sible nuclear and missile programs? Is That is the question that remains un- Asia. Undermining the credibility of the se- it due to the so-called inevitability of answered by today’s legislation. It is a curity relationship with the U.S. would itself create incentives for Pakistan to ignore our proliferation? No, indeed, we need to question that I surely hope is on the redouble our efforts to roll back both concerns and push forward in the direction of minds of each Member of Congress and nuclear weapons acquisition.’’ countries’ programs. Above all, we the relevant offices in the Executive. Deputy Assistant Secretary of State How- should not be engaging in acts that can Indeed, this is a question that should ard Schaffer, testimony before House sub- reasonably be interpreted as rewards be on the minds of all Americans. committee, 6 February 1984: ‘‘The assistance program also contributes to U.S. nuclear for proliferation. EXHIBIT 1 I do not myself see this legislation as non-proliferation goals. We believe strongly U.S. AID POLICIES AND PAKISTAN’S BOMB: that a program of support which enhances a reward for proliferation and do not WHAT WERE WE TRYING TO ACCOMPLISH? believe that its sponsors, including its Pakistan’s sense of security helps remove Letters to Congress from Presidents the principal underlying incentive for the ac- supporters in the Administration, so Reagan & Bush, 1985–1989, required under sec. quisition of a nuclear weapons capability. view it. But I worry more about how 620(e) of Foreign Assistance Act (Pressler The Government of Pakistan understands others will perceive it, particularly Amendment)—‘‘The proposed United States our deep concern over this issue. We have those in Pakistan and in the various assistance program for Pakistan remains ex- made clear that the relationship between our ministries of other countries that may tremely important in reducing the risk that two countries, and the program of military be working on clandestine projects to Pakistan will develop and ultimately possess and economic assistance on which it rests, develop weapons of mass destruction. such a device. I am convinced that our secu- are ultimately inconsistent with Pakistan’s rity relationship and assistance program are How far can Uncle Sam be pushed when development of a nuclear explosives device. the most effective means available for us to President Zia has stated publicly that Paki- it comes to avoiding sanctions against dissuade Pakistan from acquiring nuclear stan will not manufacture a nuclear explo- the bomb? If past is prologue, it ap- explosive devices. Our assistance program is sives device.’’ pears that the unfortunate answer is, designed to help Pakistan address its sub- Special Ambassador at Large Richard Ken- pretty far indeed. stantial and legitimate security needs, nedy, testimony before two House sub- Through this legislation, America thereby both reducing incentives and creat- committees, 1 November 1983: ‘‘By helping has now made a gesture—based more ing disincentives for Pakistani acquisition of friendly nations to address legitimate secu- on hope than on experience—that the nuclear explosives.’’—President George rity concerns, we seek to reduce incentives Government and people of Pakistan Bush, 10/5/89; President Ronald Reagan, 11/18/ for the acquisition of nuclear weapons. The 88; 12/17/87; 10/27/86; & 11/25/85. provision of security assistance and the sale will interpret as they wish. I hope they President George Bush, letter to Congress of military equipment can be major compo- will recognize that America is sincere (addressed to J. Danforth Quayle as Presi- nents of efforts along these lines. Develop- about its global commitments to nu- dent of the Senate), 12 April 1991, urging ment of security ties to the U.S. can clear and missile nonproliferation. I abandonment of Pressler certification re- strengthen a country’s confidence in its abil- hope they recognize that America re- quirement: ‘‘. . . my intention is to send the ity to defend itself without nuclear weapons. mains determined to pursue vigorously strongest possible message to Pakistan and At the same time, the existence of such a re- these commitments not only in Paki- other potential proliferators that non- lationship enhances our credibility when we stan, but also in India, and indeed, proliferation is among the highest priorities seek to persuade that country to forego [sic] of my Administration’s foreign policy, irre- nuclear arms . . . We believe that strength- wherever such illicit programs may spective of whether such a policy is required ening Pakistan’s conventional military ca- exist. by law.’’ pability serves a number of important U.S. I also hope—as the profound direct Deputy Assistant Secretary of State interests, including non-proliferation. At the and indirect costs mount of maintain- Teresita Schaffer, testimony before House same time, we have made clear to the gov- ing these dangerous nuclear and mis- subcommittee, 2 August 1989: ‘‘None of the ernment of Pakistan that efforts to acquire sile programs—that the Government F–16’s Pakistan already owns or is about to nuclear explosives would jeopardize our secu- and people of Pakistan will come in purchase is configured for nuclear delivery rity assistance program.’’ due course to realize that there is a . . . a Pakistan with a credible conventional Statement by Deputy Assistant Secretary deterrent will be less motivated to purchase of State Harry Marshall, 12 September 1983, more rational course to follow and a a nuclear weapons capability.’’ before International Nuclear Law Associa- new day will dawn. It is a course Deputy Assistant Secretary of Defense Ar- tion, San Francisco: ‘‘U.S. assistance has charted by the governments and people thur Hughes, testimony before House sub- permitted Pakistan to strengthen its con- of South Africa, Brazil, Sweden, Swit- committee, 2 August 1989: ‘‘Finally, we be- ventional defensive capability. This serves to July 16, 1997 CONGRESSIONAL RECORD — SENATE S7557 bolster its stability and thus reduce its moti- Pakistan Atomic Energy Commission tional Nuclear Corp., is said to be progress- vation for acquiring nuclear explosives.’’ (PAEC). ing on schedule and is expected to be com- President Ronald Reagan, report to Con- Butt described the 300–MW PWR at pleted by the target of October 1998. It is gress pursuant to sec. 601 of the Nuclear Non- Chashma as 70% complete in terms of both modeled on China’s indigenous-design PWR proliferation Act (‘‘601 Report’’), for calendar cost and equipment installed. Still to be in- at Qinshan. year 1982—‘‘Steps were taken to strengthen stalled are reactor internals. the U.S. security relationship with Pakistan For Qinshan-1, the reactor vessel and [From Nucleonics Week, March 20, 1997] with the objective of addressing that coun- internals and steam generator tubing were EX-ARMY HEAD SAYS PAKISTAN BOMB PASSED try’s security needs and thereby reducing manufactured in Japan, Germany, France, COMPUTER SIMULATION TESTS Sweden, and Britain. At that time, Western any motivation for acquiring nuclear explo- (By Abdul Rauf Siddiqi) sives.’’ industry firms involved in making the equip- KARACHI.—Pakistan has completed its President Ronald Reagan, report to Con- ment claimed that China did not have the tests of its atomic bomb capability success- gress pursuant to sec. 601 of the Nuclear Non- metallurgical know-how needed to make all fully through computer simulation, accord- proliferation Act (‘‘601 Report’’), for calendar the equipment needed to replicate the plant ing to Pakistan’s former Army Chief, retired year 1981—‘‘Military assistance by the Unit- in Pakistan (NW, 6 Feb. ’92, 2). South Korean general Mirza Aslam Beg in an interview ed States and the establishment of a new se- officials said in 1995 that Korea Heavy Indus- with the Urdu language national daily Paki- curity relationship with Pakistan should try & Construction Co. Ltd. (KHIC) had been stan published in Lahore. help to counteract its possible motivations approached to make the vessel, since it is al- Beg, who retired in 1990, is head of the toward acquiring nuclear weapons . . . More- ready manufacturing vessels for China’s Awami Qiyadat Party (AQP) and of an inter- over, help from the United States in larger indigenous PWRs at Qinshan, but the national think tank, Foundation for Re- strengthening Pakistan’s conventional mili- idea was dropped when Seoul applied to join search on International Environment, Na- tary capabilities would offer the best avail- the Nuclear Suppliers Group (NW, 28 Sept. tional Defence & Security. He took over the able means for counteracting possible moti- ’95, 1). reins of the armed forces after his prede- vations toward acquiring nuclear weapons.’’ Butt said that the pressure vessel for cessor died in a 1988 plane crash. He was the Assistant Secretary of State James Ma- Chashma-1 was made at a factory in north- first army chief to confirm Pakistan’s nu- lone, address before Atomic Industrial ern China and has been undergoing testing clear capability, and disclosed that the gov- Forum, San Francisco, 1 December 1981: ‘‘We since October. Butt said the vessel would be ernment froze the nuclear program in 1989 believe that this assistance—which is in the ‘‘ready soon’’ and would conform to inter- under U.S. pressure. strategic interest of the United States—will national quality standards. According to The former army chief’s confirmation of make a significant contribution to the well- French industry sources, China sought to Pakistan’s nuclear test via computer came being and security of Pakistan and that it make larger pressure vessels for the next an India is preparing to conduct a final test will be recognized as such by that govern- French-supplied PWRs to be build in of its intercontinental ballistic missile ment. We also believe that, for this reason, it Guangdong Province, but experts at Prithvi at Arrisa, Khalij Bengal. Beg said offers the best prospect of deterring the Framatome refused, citing quality concerns. that Pakistan’s next step would be the tech- Pakistanis from proceeding with the testing The steam generators for Chashma-1 will nology to drop a bomb. He said he has no or acquisition of nuclear explosives.’’ be made by Shanghai Boiler Works, and knowledge of Pakistan’s possessing the need- Undersecretary of State James Buckley, Shanghai Turbine Works will make the tur- ed missile technology, he said, ‘‘we can use testimony before Senate Foreign Relations bine generator. The unit’s two main circula- F–16 aircraft for the purpose.’’ Committee, 12 November 1981: ‘‘We believe tion pumps will also be provided by Chinese that a program of support which provides firms. Instrumentation and control (I&C) equipment is of Chinese design, Butt said, [From the Deutsche Presse-Agentur, July 3, Pakistan with a continuing relationship 1997] with a significant security partner and en- and will be manufactured by Chinese firms in hances its sense of security may help remove Shanghai and Beijing. PAKISTAN CONFIRMS TEST FIRING ROCKET BUT the principal underlying incentive for the ac- Butt said China will also provide the first GIVES NO DETAILS quisition of a nuclear weapons capability. core and three reloads, using Chinese ura- ISLAMABAD.—A government spokesman in With such a relationship in place we are nium enriched and fabricated into fuel in Islamabad confirmed Thursday that Paki- hopeful that over time we will be able to per- China. China has trained about 150 Pakistani stan’s Space and Upper Atmosphere Re- suade Pakistan that the pursuit of a weapons operating and maintenance personnel at search Council (Suparco) recently test fired capability is neither necessary to its secu- Qinshan, Butt said. Pakistan industry input a rocket. rity nor in its broader interest as an impor- to the Chashma project has been limited to ‘‘It was a routine test carried out by tant member of the world community.’’ some auxiliary equipment such as decon- Suparco in rocket motor technology and was Testimony of Undersecretary of State, tamination tanks in the liquid waste treat- aimed at peaceful uses of technology,’’ said James Buckley, in response to question from ment system. the spokesman of the Foreign Ministry com- Sen. Glenn, Senate Foreign Relations Com- According to Butt, Pakistan paid cash for menting on press reports that the test in- mittee, 12 November 1981, on effects of a nu- all the Chinese input to the Chashma volved Hatf–3 missile. clear detonation on continuation of cash project. Financing for a second Chinese unit The spokesman did not identify the rocket sales of F–16’s: ‘‘[Sen. Glenn] . . . so if Paki- there, he said, has ‘‘not yet been arranged.’’ as Hatf–3 nor did he confirm a report that it stan detonates a nuclear device before com- had a range of 800 kilometres. ‘‘I do not have pletion of the F–16 sale, will the administra- [From Nucleonics Week, March 27, 1997] the technical details,’’ he said. tion cut off future deliveries? NEW PAKISTANI GOVERNMENT RESTORES FULL Suparco is a civilian organization and its ‘‘[Buckley] Again, Senator, we have under- FUNDING FOR CHASHMA PROJECT research had ‘‘no military component’’, he scored the fact that this would dramatically (By Abdul Rauf Siddiqi) added. affect the relationship. The cash sales are Pakistan has been developing the Hatf mis- KARACHI.—The new government of Nawaz sile to rival India’s medium-range Prithvi part of that relationship. I cannot see draw- Sharif has decided to divert unutilized funds ing lines between the impact in the case of a missile. China has been helping Pakistan in amounting to about 4-billion rupees (U.S. the effort and has also supplied its M–11 mis- direct cash sale versus a guaranteed or U.S.- $100-million) from the disbanded People’s financed sale.’’ siles to the Moslem country. Works Programme to the 300–MW Chashma ‘‘You are free and welcome to locate the Undersecretary of State James Buckley, Nuclear Power Project, restoring the current letter to NY Times, 25 July 1981: ‘‘In place of factory,’’ the spokesman said rejecting as year’s budget to ensure the plant’s on-time ‘‘totally baseless’’ a U.S. Time magazine re- the ineffective sanctions on Pakistan’s nu- completion, government sources said. clear program imposed by the past Adminis- port last month that spy satellites of the The People’s Works Programme was dis- American Central Intelligence Agency had tration, we hope to address through conven- banded by the caretaker government headed tional means the sources of insecurity that spotted the layout of a new missile factory by Miraj Khalid, which bridged the time be- in the suburbs of Rawalpindi, adjacent to prompt a nation like Pakistan to seek a nu- tween the dissolution of Benazir Bhutto’s clear capability in the first place.’’ Islamabad. government to the formation of the current In the past, American intelligence agencies EXHIBIT 2 one. The caretaker government, brought into reports about the existence of secret nuclear [From Nucleonics Week, April 24, 1997] office on complaints of corruption, mis- facilities near Rawalpindi have neither been management, and misuse of funds in the PAEC OFFICIAL SAYS CHINA WILL MAKE KEY admitted nor proved independently. Bhutto regime, allowed only those program PARTS, FINISH CHASHMA BY 1999 projects which were near to completion to [From Nucleonics Week, July 3, 1997] (By Mark Hibbs) continue. U.S. BELIEVES KHUSHAB STILL COLD, NO TOKYO.—Pakistan’s first imported PWR The caretaker government also reduced HEAVY WATER SOLD BY CHINA will be finished by the end of 1998, and con- the allocation for Chashma by Rs 3-billion tain equipment which China imported for its from the Rs 4.7-billion budgeted for fiscal (By Mark Hibbs) prototype PWR at Qinshan but which Chi- 1996–97. BONN.—U.S. officials last week categori- nese firms have since learned to make, ac- Chashma, being constructed at an esti- cally denied a report from Pakistan which cording to Parvez Butt, a member of the mated cost of Rs 31-billion by the China Na- claimed that an unsafeguarded reactor near S7558 CONGRESSIONAL RECORD — SENATE July 16, 1997 Khushab has started operating. One official ington this recently, but U.S. government to conduct legislative procedure and monitoring nuclear developments in Paki- agencies ‘‘could not confirm’’ the Indian as- build lasting democratic institutions. stan told Nucleonics Week instead that ‘‘all sertion. A U.S. official said last week that, It is also in our best economic interests when New Delhi made the allegations to the data at hand indicates that the reactor is to resume OPIC support for investment still cold.’’ Washington, the U.S. ‘‘went back to the Chi- Two weeks ago, the Pakistani English-lan- nese on this’’ and received assurances from in Pakistan. Prominent U.S. business guage newspaper Dawn asserted that the re- Beijing that Chinese entities did to sell leaders have expressed their support actor is finished and has started up, but can- heavy water to Pakistan for Khushab. for such an initiative, and I believe this not produce electricity or reach full power U.S. officials said Indian allegations of option can benefit U.S. industry. The because of a shortage of heavy water (NW, 19 Chinese heavy water trading with Pakistan United States will be in a prime posi- June, 15). were first made during the 1970s, and the most recent claims were initially taken seri- tion to support economic reform in Western officials conjectured that the Pak- Pakistan, as well as compete for in- istani claim may have been triggered by a ously because there is evidence of past Chi- construction milestone at the reactor site or nese heavy water sales to both India and vestment and trade opportunities planted in response to recent reports that Pakistan. there. We cannot, and should not, pe- India has deployed the Prithvi ballistic mis- Last year, the Department of State, now nalize U.S. companies looking to ex- sile. negotiating a resumption of nuclear com- pand into this area of the world. In 1994, Western officials told Nucleonics merce with China, asserted to the U.S. Con- Neither should we jeopardize our gress that as of May 1996, China was not as- Week that Pakistan was building a pluto- stated goal of promoting nuclear non- nium production reactor, rated at between 50 sisting any unsafeguarded foreign nuclear programs. Despite the Indian claims, U.S. of- proliferation. We have worked to pre- and 70 megawatts thermal, at a site near vent the nuclear arms race in South Khushab. These sources later added that in- ficials last week continued to back China’s nonproliferation credentials. ‘‘That means telligence pointed to construction of a fuel Asia, and future cooperation with nothing has gone to Khushab,’’ since mid- fabrication or reprocessing center near the Pakistan is now at stake. Restoring 1996, ‘‘and no heavy water,’’ one U.S. official reactor (NW, 22 Feb. ’96, 6). As late as this IMET in Pakistan is perhaps the best involved said June 26. means we have of ensuring that non- April, however, a member of the Pakistan According to the Pakistani report, admin- Atomic Energy Commission denied flatly istrative difficulties in Pakistan had pre- proliferation becomes a reality. The that the reactor existed. vented heavy water from being allocated for Pakistani military controls the coun- According to one U.S. official this week, the Khushab reactor. Sources told Nucleon- try’s nuclear programs, but an entire however, the Khushab reactor ‘‘is definitely ics Week that, in fact, most of Pakistan’s generation of military officers has been out there’’ but not scheduled to be finished scarce heavy water resources have, over the denied access to training in the United ‘‘until later this year or sometime in 1998.’’ last two years, been allocated for the Kanupp Another official said that, under the most States. By prohibiting IMET, we have PHWR, which generates electricity under succeeded in reducing our contacts optimistic schedule, completion of the reac- IAEA safeguards. That allocation, sources tor ‘‘is several months away.’’ Sources indi- said, reflected a general policy by Pakistan within the leadership and limiting cated that the reactor had not yet undergone under former prime minister Benazir Bhutto their exposure to U.S. values and insti- cold testing, let alone become critical. not to take any steps, such as producing tutions. If we allow IMET to resume, The Pakistani report suggested that the high-enriched uranium (HEU) at the Kahuta we will strengthen our position on non- reactor would be used for electricity produc- centrifuge enrichment plant, which would be proliferation by encouraging a Paki- tion as well as for isotope production. Recent seen by Washington as provocative and esca- surveillance photographs of the site, how- stani military that is as pro-United lating regional nuclear tension. One source States as possible. Improved relations ever, do not indicate that Pakistan is build- said, ‘‘Keeping heavy water at Kanupp and ing power grid infrastructure, such as tur- away from Khushab should be seen by Wash- with Pakistan can only help our future bine generator equipment, for electricity ington as going hand-in-hand with not en- nonproliferation efforts. generation. Moreover, Western officials said, riching uranium to HEU.’’ Mr. President, I am pleased to be a it is not believed the reactor’s chief purpose Mr. TORRICELLI. Mr. President, I co-sponsor of this amendment, and I is isotope or silica production, as stated in rise today in strong support of the Har- look forward to a close relationship the Pakistani account. Pakistan has a tech- with Pakistan in the future. nical cooperation program with the IAEA for kin amendment which restores OPIC, Mr. MCCONNELL. I am not aware of these activities, ‘‘but none of this has got IMET, Trade and Development Assist- anything to do with Khushab,’’ one Vienna ance [TDA], and democracy-building any opposition to the amendment on official said, and the IAEA ‘‘has not been in- institutions in Pakistan. our side. formed’’ by Pakistan that the reactor is This amendment provides us with a Mr. LEAHY. None here. under construction or that Pakistan plans to unique opportunity to strengthen and We are ready to move forward, Mr. incorporate the unit into its existing tech- solidify our relationship with Paki- President. nical cooperation program. stan. Pakistan is a friendly country The PRESIDING OFFICER. The Sources said that, because Pakistan is fac- question is on agreeing to the amend- ing a massive financial crisis, the U.S. and and vitally important to the United States. By restoring these programs, ment. other creditor countries supporting the The amendment (No. 899) was agreed International Monetary Fund are trying to we can influence the course that Paki- leverage Islamabad to keep the reactor from stan’s economic and political reforms to. operating outside of IAEA safeguards. Zia take and improve the continuity of its Mr. MCCONNELL. I move to recon- Mian, a research fellow at the Union of Con- democratic government. sider the vote. cerned Scientists in Cambridge, Mass., ob- Pakistan has made great strides in The PRESIDING OFFICER. Without served, ‘‘If Pakistan were to start operating these areas, and Prime Minister objection, the motion to reconsider is the reactor now, it would be taking a very Sharif’s election signals a turning laid on the table. major foreign policy step,’’ demonstrating to point in Pakistani politics. As he The motion to lay on the table was the world that its unsafeguarded program is moves to improve the quality of his agreed to. going forward regardless of U.S. opposition, Mr. HUTCHINSON addressed the and escalating military nuclear activities to country’s government, the United include significant plutonium production. States should provide the support nec- Chair. The PRESIDING OFFICER. The Sen- INDIAN REPORT ALSO UNCONFIRMED essary. Prime Minister Sharif has spon- ator from Arkansas. U.S. officials last week confirmed the as- sored changes in the Pakistani con- sertion by Dawn that a critical factor which stitution to end the President’s power AMENDMENT NO. 890 may indefinitely delay full-power operation to dismiss the elected government. In (Purpose: To state the sense of the Senate of Khushab is shortage of heavy water. But the economic sphere, his government that most-favored-nation trade status for they did not confirm recurring Indian re- has embarked on an ambitious reform China should be revoked) ports that China, which the U.S. believes to program intended to stabilize the econ- Mr. HUTCHINSON. Mr. President, I have supported construction of Khushab, omy. These are positive developments, send an amendment to the desk and also provided heavy water for it. According but we need to encourage Pakistan to ask for its consideration. to Western intelligence sources, a full inven- go even further. Our own Secretary of The PRESIDING OFFICER. The tory of heavy water for the unit would be clerk will report the amendment. about 15–20 metric tons (MT), though it State has met with the Pakistani For- could go critical with a smaller amount. eign Minister to discuss options for The assistant legislative clerk read Indian sources said that, in 1996, China sold more extensive reforms. as follows: Pakistan 40 MT for Khushab, U.S. officials It is in the United States’ best inter- The Senator from Arkansas [Mr. HUTCHIN- said the Indian government had told Wash- ests to train Pakistani officials in how SON] proposes an amendment numbered 890. July 16, 1997 CONGRESSIONAL RECORD — SENATE S7559 Mr. HUTCHINSON. Mr. President, I So, Mr. President, I feel very strong- pression today, we can say to them ask unanimous consent that further ly that our current policy of continu- there are those in America who stand reading of the amendment be dispensed ing normal trade relations without re- with them and who will support them with. gard to human rights conditions has in their fight for freedom. The PRESIDING OFFICER. Without been ineffective in stemming this very I know, Mr. President, that there are objection, it is so ordered. alarming trend in China by turning a many bills that have been introduced The amendment is as follows: blind eye to the atrocities or abdicat- to deal with China, and I hope that we At the appropriate place in the bill insert will deal with that. I hope we will take the following: ing our responsibility as a great and a ‘‘It is the sense of the Senate that the non- free nation. those bills, whether Senator discriminatory treatment extended to the As we have continued to extend Chi- BROWNBACK’s, Senator ABRAHAM’s, or People’s Republic of China on May 29, 1997, na’s MFN status, insufficient progress whoever may have introduced legisla- pursuant to section 402(c) of the Trade Act of has been made in opening the vast Chi- tion to address the China question, and 1974 should be withdrawn.’’ nese market to the American compa- we will put that into some kind of om- Mr. HUTCHINSON. Mr. President, I nies. The argument has been free trade, nibus bill in future weeks to send an offer amendment No. 890 to the foreign increased economic expansion. While even stronger message. Until then, this operations appropriations bill. This our imports from China have increased is our opportunity. This is our chance amendment which is a sense of the dramatically during the last 4 years, to, once again, give a voice to Amer- Senate, would disapprove the MFN sta- the amount of goods we export to ican foreign policy. This is our oppor- tus, most-favored-nation status, to the China has grown at a much, much tunity to say to the world and to say to nation of China. I have opposed the re- smaller rate. the Chinese Government, America still newal of MFN to China. On June 3 of Moreover, Mr. President, China uti- stands for something, that we do not this year I became an original cospon- lizes a vast prison system manned with have a foreign policy void of value, sor of Senate Joint Resolution 31, the slave labor to produce many products that those values we espouse, which legislation disapproving the extension which are exported to the West. It is are embodied in our founding docu- of MFN. unfair to ask American laborers, Amer- ments and in our very Constitution, Unfortunately, because of the joint ican workers, to compete with the live on, today, in the policy that we ad- resolution of disapproval in the House, slave labor of Communist China. I be- vocate toward China. which failed to pass the House of Rep- lieve in free trade. This is not free I know there were many who resentatives on June 24, as in past trade that we have currently. Soldiers breathed a sigh of relief in the U.S. years or at least recent years, the Sen- of the People’s Liberation Army stand Senate when MFN went down in the ate has not considered and has not had guard atop the towers of the slave House of Representatives. There was a the opportunity to weigh in on and to labor camps, known as Laogai. The sense of ‘‘we’re off the hook.’’ I say to voice its concern about the conditions PLA controls, either directly or indi- all of those of my colleagues who have in China, and particularly to cast a decried the conditions in China today, vote on the MFN status for China. rectly, a significant portion of the Chi- nese industry. In fact, according to our I say to all of my colleagues who in one Today we will have that opportunity form or another have said it is wrong with this sense of the Senate. It has CIA, thousands of industries that we are trading with on a routine basis are what they are doing over there, to re- been almost 4 years, Mr. President, member that while we may have been since the United States formally controlled by the People’s Liberation Army. That is not free trade. It is not off the hook, there are tens of thou- delinked the issues of trade and human sands of Chinese people in prison camps rights with regard to China. Four years fair trade. It is not right. Mr. President, it is believed that today who are still on the hook, this is ago when we delinked, when we em- our chance to give them the voice that barked upon our policy of constructive many of these industries are involved in the proliferation of weapons of mass their government has denied them. engagement, the logic was that greater I ask my colleagues to look deep destruction, arms smuggling, economic trade, greater economic expansion within their soul, to look at their con- espionage, use of forced labor, piracy of within China itself, would result in po- science, and I ask them to vote in favor intellectual property, and misinforma- litical freedom, greater political free- of this sense-of-the-Senate resolution tion of sensitive military technology. dom, less repression, more opportunity disapproving of most-favored-nation Mr. President, I know some of my for the people of China. status for China. colleagues, perhaps many of my col- The fact is, by every measure, the I ask for the yeas and nays. record of the Chinese Government on leagues, feel that this amendment is The PRESIDING OFFICER. Is there a human rights has worsened since the something they would rather not vote sufficient second? time that we embarked upon this pol- on. This sense of the Senate is some- There is a sufficient second. icy delinking trade and human rights. thing they would rather not have to go The yeas and nays were ordered. Whether you look at the crackdown on on the record on. I think that we are Mr. MCCONNELL. Mr. President, let people of faith within China, whether dealing with foreign operations. Sec- me say in response to the amendment you look at the practice of forced abor- tion 524 of this bill bars indirect assist- of my colleague from Arkansas, I and a tions, forced sterilization of the men- ance to many countries, including number of other Members of the Senate tally handicapped, the near extinction China. So it is relevant. It is germane. were in Hong Kong a couple of weeks of the expression of any opinion that It is important that the U.S. Senate ago. I raise Hong Kong—even though I would be contrary to the established have an opportunity to voice our con- know the sense-of-the-Senate amend- line of the Communist Government in cerns. It is a sense of Senate. It is not ment deals with China—I raise Hong Beijing, by any measure, conditions are binding. It is important we send that Kong because I think Hong Kong is the worse, freedoms are less, oppression is signal. best hope for China. Hong Kong is greater than it was 4 years ago when We may not be able this year—we going to lead the way to a new China, we started this policy of constructive cannot, obviously, because of the and a new China is already developing, engagement. House action—we may not be able to which is not to say that any of us are In fact, according to the 1996 country deny MFN status, but we can send a entirely happy about everything going report issued by our own State Depart- signal, and we should. on in the People’s Republic of China, ment, the U.S. State Department said To my colleagues I say there are peo- but a lot of good things are happening, that the Chinese Communist leaders ple watching. The Chinese Government particularly on the economic side. No have succeeded in silencing every is watching what this Chamber does. one in Hong Kong, not even Martin Lee known political dissident. Mr. Presi- The Chinese people are watching. We and all of the democratic reformers dent, that is every dissident, every free can send a message that we do not con- that many of us know, is in favor of voice, every voice of dissent, every con- done the practices, the oppressive to- terminating MFN for China. You can- trary opinion to the party line has now talitarian practices of this govern- not find anybody in Hong Kong who been extinguished in Communist China ment. We can, at the same time, to the thinks terminating MFN for China is a either through exile, through death, or tens of thousands, yes, the tens of mil- way to promote a better, more demo- through imprisonment. lions of Chinese who are facing that op- cratic, more open China. S7560 CONGRESSIONAL RECORD — SENATE July 16, 1997 So with all due respect to my friend rest of the United States, it means a independent. Qiao Shi, head of the Na- and colleague from Arkansas, I think loss of jobs. The Senator from Ken- tional People’s Congress, proposed a we have worked our way through this tucky just alluded to what it would limitation of administrative detention MFN debate. The President of the mean for Hong Kong. He alluded to the today in China—picking up an individ- United States, as we all know, in 1992, fact that we heard no democratic lead- ual, and holding them in custody can- when he ran, thought that MFN for er say MFN should be denied China. not be done for more than 30 days. That China ought to be linked to human Exactly the opposite. We heard demo- is a step forward. rights and democracy evolving in cratic leaders in Hong Kong saying to China has lived for 5,000 years under China, and as soon as the election was deny China MFN would negatively im- the rule of man; the rule of law is going over, he took a closer look at it and he pact the people of Hong Kong. to take some time. I commend the dis- changed his mind. I must say I give They estimate it would take eco- tinguished Senator for his commitment him credit for changing his mind be- nomic growth and cut it by half, from to this issue. If he had visited China in cause I don’t think this will bring 5 percent to 21⁄2 percent. They say that the late sixties or the early seventies, about the kind of positive reform in it would cost up to 86,000 jobs in Hong when Richard Nixon went to China and terms of human rights and democracy Kong, and that even a partial cancella- negotiated the Shanghai communique in China that we would all hope. tion, even a 6-month extension, would in 1972, it was a very much more con- What is changing China—unquestion- create a kind of uncertainty that stricted China. No one would have ably what is changing China—is eco- would disturb the market in Hong talked to the distinguished Senator. nomic reform. So I hope we will not Kong. Everybody dressed alike. Everybody support the amendment of the Senator I think it is misguided to think you marched to the sound of the same from Arkansas. I think it would be a can deny a nation as large as China, drummer. The red books of the Cul- step in the wrong direction. I know the largest nation in the world, normal tural Revolution were still evident on there are other colleagues who share trading relations—not special trading the streets. The music still blared my view. relations, nothing special about it, but every morning. The controls were evi- I see Senator FEINSTEIN on her feet normal trading relations—and do any- dent. now. I yield the floor. thing other than shoot ourselves in the It is a very different China today. Mrs. FEINSTEIN. I thank the distin- foot, because a whole ripple effect None of that is true today. People will guished Senator from Kentucky, and I would be felt throughout the United talk. They will say what they think. thank you, Mr. President, for this op- States. And the flip side in China There is a freer lifestyle. There is an portunity. would be the growing isolation, the improved standard of living. I believe I didn’t come to the floor prepared to hard-liners being able to say, ‘‘I told that if you have an economic democ- speak on this amendment. I came to you so.’’ racy, a social democracy will follow speak on a another amendment. Having Right now in China it is widely spec- one day, just as sure as the sun comes said that, I must say I am sorry this ulated that the next premier will be a up every morning, because the more sense-of-the-Senate amendment has man whose name is Zhu Rongji. He was people see the economic marketplace, been raised. I think it would be a big at one time the mayor of Shanghai. I the freedom that trade gives them, the mistake to pass this sense of the Sen- know him. He also is the author of the increased educational levels, the bene- ate that would essentially say to the marketplace economy for China. He fit it produces, they then enter into the People’s Republic of China, ‘‘we are supported Shanghai as the first inde- dialog and they learn about other cul- going to isolate you from the rest of pendent economic zone, which really tures. the world.’’ Make no mistake about it, was the first of these dynamic eco- So I believe that from the days of the that is what this amendment says. nomic zones, and then, second, he has 1960’s, of the Cultural Revolution and Anyone that has had a look at China supervised an amazing transformation its aftermath, really lasting up to 1979, knows that, historically, China has of the marketplace. 1980, in the ensuing 17 years after 1980, never wanted to interrelate with the Today, only 50 percent of the compa- there have been major changes within rest of the world. Those of us who were nies in China are wholly owned by the China. What we need to do is engage in Hong Kong for the handover heard central government. It used to be 100 China, send working teams over on a many comments about the British oc- percent of the companies were owned regular basis, sit down with Chinese cupation of Hong Kong as a kind of by the central government; 25 percent leaders, enable them to understand bounty from the opium wars where of these are in private hands today. how our Government works and what Britain forced on China the opium They are becoming more competitive, our concerns are and what our national trade, and the whole British control of more efficient. Sure, it is difficult be- interests are and, I think, bring China Hong Kong as a colony developed from cause the big employers of China are into the mainstream of world leader- that time. the centrally owned companies. So it ship, not isolate it. Nothing sends a Having said that, the question is, takes time. message of isolationism and contain- really, is anything productive solved In direct response to the distin- ment for China more strongly than de- by forcing China into a position of iso- guished Senator’s concern about nying normal trading relations. lationism, strengthening the hard-lin- human rights—because I share these Mr. President, I believe this amend- ers in China, providing a setback to the concerns very, very much—I have been ment should be defeated. It will not development of the rule of law and, trying for 6 years now, almost twice a bring about a positive result for the most importantly, providing a setback year, to get the Chinese Government ends that both the distinguished Sen- to the economic democracy that is now just to sit down with the Dalai Lama, ator and I would like to see. developing all throughout the eastern just to try to come to terms with him I thank the Chair and yield the floor. seaports of the People’s Republic of with respect to cultural and economic Mr. HUTCHINSON. Mr. President, I China? My answer to that is no. My an- preservation of Tibetans within Tibet. will briefly respond to my distin- swer to that is it signals to China that, So far, I have not been successful. I guished colleagues from Kentucky and effectively, Senate policy at the very don’t expect to stop trying. California. I feel compelled, as I listen least would be to try to contain China, But during the 6-year period, what I to the arguments that have been raised isolate China, and not allow China to have noticed has been interesting with- over and over again, and particularly be a normal trading party with the in the rest of China. What I have no- the phrase that ‘‘it is a different China United States of America. Internation- ticed is a growth in the rule of law. today.’’ ally, that signals catastrophe. What I have noticed is that the Chinese Well, it is not my opinion that I am Now, what does it mean for the Unit- are now eager to modernize their com- citing today. It is our own State De- ed States? For the United States, and mercial codes, their criminal codes. partment’s 1996 country report on the as a Californian, in my State, with one- The next step needs to be an independ- conditions in China. So I remind my third of our economy now dependent on ent judiciary; by this, I mean independ- colleagues on the floor right now that Asia—not necessarily on China, but ent from party control, a judiciary our State Department, in looking at Asia—it means a loss of jobs. For the that is paid well, that is seen to be China, said, yes, it is a different China; July 16, 1997 CONGRESSIONAL RECORD — SENATE S7561 the difference is that 8 years after the for it if you go to Hong Kong. I don’t China—will likely discontinue their Tiananmen Square massacre, after know about that, but I do know that if studies at universities in this country those brave students stood in front of you were in mainland China today, you including at the Henry Jackson School those tanks, there is not one remaining could not call for it because, if you of International Affairs at the Univer- independent free voice in China today. dared, you would be imprisoned and sity of Washington. That is our State Department. Every you would risk your very life and the As many as 400 Washington State dissident has either been killed or im- lives of your loved ones. There are no families might lose the ability to adopt prisoned or exiled. There are none of dissidents left. a young Chinese girl in the coming those independent voices. That is the So to my colleagues I say, the vote year as a result of this amendment. China that exists today. That is what on this amendment is very simple: to The Reverend Ned Graham and his our State Department has said. embrace the policy of profits and ap- East Gates Mininstries based in Sum- Now, the State Department had a peasement, or to embrace the policy of ner, WA, could see its mission in China new report they were going to issue. It principle and principled challenge to curtailed or possibly ended altogether. was supposed to have been out months those who would abuse and persecute East Gates Ministries has distributed ago. It was delayed. It was supposed to and execute their own citizens. nearly 2 million Bibles printed in Chi- have been out in June, and it has been Mr. President, I yield the floor. nese dialects throughout China. Other further delayed until after the MFN Mrs. MURRAY. Mr. President, I rise Washington State faith-based min- votes were over. I wish the administra- to discuss the amendment introduced istries are active in China and could tion had ordered that latest State De- by the Senator from Arkansas regard- see their activities halted if the Senate partment report to be issued so that ing MFN status for China. This issue is agrees to this amendment. the Members of the Senate could see of immense importance to Washington I recently traveled to Hong Kong and what the latest evaluation of the con- State and the Nation. China to discuss candidly the issues ditions in China really are. The latest As a member of the Foreign Oper- like MFN, the World Trade Organiza- we have, in the 1996 country report, is ations Subcommittee, I must state for tion, Hong Kong’s reversion to Chinese that there are no free voices in China the record that I believe that this is sovereignty, the trade imbalance be- today. not the appropriate forum for this tween the United States and China, my Now, they say we will isolate China. amendment. The Senator from Arkan- personal concerns on human rights, The same ones who say we are going to sas has chosen to spring upon the Sen- and numerous other issues. isolate China will say we can’t deny ate—with little notice—his amendment In Hong Kong, I met with officials MFN because they will send all of to fundamentally alter our relationship from the U.S. Consulate, the American those goods to Europe, they will find with the world’s most populous nation. Chamber of Commerce, the Hong Kong markets for their products in Europe. I am sure the Senator knows that the Government, and others. On the street Let me assure my colleagues, you will House of Representatives recently fol- and in official meetings, I sought to de- not isolate one-fifth of the world’s pop- lowed the process established by the termine the mood of the people of the ulation. And it is a self-contradictory Jackson-Vanik amendment to overturn former British Colony prior to the re- argument to say we dare not isolate the President’s decision to renew most- version to Chinese sovereignty. Again them or we will deny our American favored nation status for the People’s and again, I was encouraged to convey citizens these goods. Republic of China. The House of Rep- to the Congress the importance of MFN Now, my dear colleague and distin- resentatives in strong bipartisan fash- to Hong Kong. Virtually every leader guished friend from Kentucky said Mr. ion rejected the effort to overturn the from Hong Kong has communicated to Clinton had changed his mind when he President of the United States. I ap- Congress the devastating impact that got elected. Indeed, he did. He com- plaud the House for taking this action. MFN revocation would have on the is- mended him for his change of mind. The House vote in favor of MFN fol- land recently named the freest econ- Well, I criticize him for his change of lowed extensive hearings, much omy in the world. mind. I think he was right when he was thoughtful debate, and considerable In my view, it is important for all a candidate. He then said that it was input from our constituents, the busi- who want to influence change in China intolerable that we, as a people of con- ness community, and the Clinton ad- to recognize that Hong Kong’s transi- viction and values, should stand by and ministration. tion may be our best opportunity to close our eyes to what is going on in While this is not a new issue to many further influence the mainland in such China. So I regret that he made that in the Senate, the Senator from Arkan- important areas as the rule of law, re- change, as he has made changes in sas now asks the U.S. Senate go on spect for individual rights, and the many other policies. record on this important strategic many democratic principles that we Well, then they say, ‘‘It just takes issue on the wrong bill without the cherish in the United States. time, just give them time,’’ and if we benefits of adequate debate and thor- In Beijing, I met with China’s Vice will give them time, my colleagues ough consideration. I don’t believe this Premier, Chinese Trade Ministry offi- say, we will see political freedom, an is the way to make good policy, and cials, and Chinese leaders involved in increase in their economic opportuni- particularly on the United States- financial services, transportation, agri- ties and, as sure as day follows night, China relationship which is perhaps the culture, electronics, and aviation. I political freedom will come. Mr. Presi- most important, most difficult and also spent a significant amount of time dent, I have been waiting for 4 years. I most challenging relationship for Unit- with U.S. Ambassador Jim Sasser, our have been waiting for 4 years for one ed States policy makers to manage. former Senate colleague. Ambassador scintilla of evidence to support that I applaud Senator HUTCHISON’s inter- Sasser, who was a China critic as a notion. If I could have found just the est in the United States-China rela- member of this body, now adamantly slightest indication that things were tionship. In fact, I share many of the supports the renewal of MFN status for getting better in China, I would have concerns that he in his arguments has China. voted for MFN to encourage those posi- outlined. But I differ in his prescrip- In my meeting with Vice Premier Li tive changes. But by every measure, it tion for addressing the problems in the Lanqing, I focused on the trade imbal- has gotten worse, and every objective United States-China relationship. I ance between the United States and observer, from Amnesty International, don’t believe ending MFN or normal China, my concerns and those of my to Family Research Council, to our trade ties with China will advance constituents on human rights, and the own State Department, has said it’s United States interests. Rather, I be- importance of China abiding by its worse. lieve the approach prescribed by oppo- commitments to Hong Kong. So how can we continue to say, well, nents of MFN would for all intensive I also discussed the Chinese counter- business as usual, and if we keep on purposes end our relationship with parts many other issues important to giving them time, it will get better, China. For my State, this would be dis- us, including the growth of the when, so far, every time they have astrous. Internet in China, the competitive ad- thumbed their nose at what we have Chinese students—some of whom will vantage of Washington State’s ports done. Then we hear that no one calls become future government leaders in and transportation infrastructure, the S7562 CONGRESSIONAL RECORD — SENATE July 16, 1997 future energy needs of China, food se- users, 600,000 heroin addicts, and 9,800,000 ance for certain drug-producing and drug- curity issues, including China’s ability marijuana users. transit countries, shall not apply in 1998 and to feed its own people, problems associ- (4) Illegal drug use occurs among members 1999. of every ethnic and socioeconomic group in (2) The President may waive the applica- ated with large, unproductive state- the United States. bility of that section in 2000 if the President owned enterprises and growth patterns (5) Drug-related illness, death, and crime determines that the waiver would facilitate in coastal and rural parts of China. cost the United States approximately the enhancement of United States inter- My point in discussing my trip to $67,000,000,000 in 1996, including costs for lost national narcotics control programs. China tonight is quite simple: If the productivity, premature death, and incarcer- Mr. DODD. Mr. President, I ask for Senate adopts the Hutchinson amend- ation. the yeas and nays on this amendment. ment, it will have disastrous con- (6) Worldwide drug trafficking generates The PRESIDING OFFICER. Is there a sequences on the United States-China revenues estimated at $400,000,000,000 annu- sufficient second? ally. There is a sufficient second. relationship. I believe it will threaten (7) The United States has spent more than our very ability to dialog with the Chi- $25,000,000,000 for drug interdiction and The yeas and nays were ordered. nese on all of the issues I have just out- source country counternarcotics programs AMENDMENT NO. 901 TO AMENDMENT NO. 900 lined. since 1981, and despite impressive seizures at (Purpose: To perfect the pending If the opponents of MFN truly believe the border, on the high seas, and in other amendment) the Senate must go on record on this countries, illegal drugs from foreign sources Mr. DODD. Mr. President, I send an issue, so be it. Let’s do it in a respon- are cheaper and more readily available in amendment to the desk and ask for its sible fashion with the proper consider- the United States today than 20 years ago. immediate consideration. (8) The 1961 Single Convention on Narcotic The PRESIDING OFFICER. The ation that an issue of this importance Drugs, the 1971 Convention on Psychotropic merits. clerk will report. Substances, and the 1988 Convention Against The legislative clerk read as follows: I strongly encourage my colleagues Illicit Traffic in Narcotic Drugs and Psycho- The Senator from Connecticut [Mr. DODD] to vote against the Hutchinson amend- tropic Substances form the legal framework proposes an amendment numbered 901 to ment. I believe it is unwise and irre- for international drug control cooperation. Amendment No. 900. sponsible for the Senate to address this (9) The United Nations International Drug Mr. DODD. Mr. President, I ask unan- issue in this fashion. Control Program, the International Narcot- Mr. DODD. Mr. President, pursuant ics Control Board, and the Organization of imous consent that reading of the to a request by the distinguished Sen- American States can play important roles in amendment be dispensed with. facilitating the development and implemen- The PRESIDING OFFICER. Without ator from Kentucky, the chairman of tation of more effective multilateral pro- objection, it is so ordered. the committee and manager of the bill, grams to combat both domestic and inter- The amendment is as follows: I ask unanimous consent that the national drug trafficking and consumption. Strike all after the first word in the pend- amendment by the distinguished Sen- (10) The annual certification process re- ing amendment and add in lieu thereof the ator from Arkansas be temporarily laid quired by section 490 of the Foreign Assist- following: ance Act of 1961 (22 U.S.C. 2291j), which has aside. SEC. . SUSPENSION OF DRUG CERTIFICATION The PRESIDING OFFICER (Mr. been in effect since 1986, has failed to foster PROCEDURES. bilateral or multilateral cooperation with FAIRCLOTH). Is there objection? SEC. 575. (a) FINDINGS.—Congress makes Without objection, it is so ordered. United States counternarcotics programs be- the following findings: cause its provisions are vague and inconsist- (1) The international drug trade poses a di- AMENDMENT NO. 900 ently applied and fail to acknowledge that rect threat to the United States and to inter- (Purpose: To suspend temporarily the certifi- United States narcotics programs have not national efforts to promote democracy, eco- cation procedures under section 490(b) of been fully effective in combating consump- nomic stability, human rights, and the rule the Foreign Assistance Act of 1961 in order tion or trafficking in illegal drugs, and relat- of law. to foster greater multilateral cooperation ed crimes, in the United States. (2) The United States has a vital national in international counternarcotics pro- (b) SENSE OF CONGRESS.—It is the sense of interest in combating the financial and other grams.) Congress that— resources of the multinational drug cartels, Mr. DODD. Mr. President, I send an (1) existing United States domestic and which resources threaten the integrity of po- amendment to the desk and ask for its international counternarcotics program have litical and financial institutions both in the immediate consideration. not reduced the supply of illegal drugs or sig- United States and abroad. (3) Approximately 12,800,000 Americans use The PRESIDING OFFICER. The nificantly reduced domestic consumption of such drugs; illegal drugs, including 1,500,000 cocaine clerk will report. (2) the President should appoint a high users, 600,000 heroin addicts, and 9,800,000 The legislative clerk read as follows: level task force of foreign policy experts, law marijuana users. The Senator from Connecticut [Mr. DODD], enforcement officials, and drug specialists to (4) Illegal drug use occurs among members for himself, Mr. MCCAIN, Mr. DASCHLE, Mr. develop a comprehensive program for ad- of every ethnic and socioeconomic group in LUGAR, Mr. DOMENICI, Mr. KERREY, Mrs. dressing domestic and international drug the United States. HUTCHISON, Mr. COCHRAN, Mr. HAGEL, Mr. trafficking and drug consumption and relat- (5) Drug-related illness, death, and crime cost the United States approximately WARNER, and Mr. INOUYE, proposes an ed crimes, with particular attention to fash- $67,000,000,000 in 1996, including costs for lost amendment numbered 900. ioning a multilateral framework for improv- productivity, premature death, and incarcer- ing international cooperation in combating Mr. DODD. Mr. President, I ask unan- ation. imous consent that reading of the illegal drug trafficking, and should designate (6) Worldwide drug trafficking generates amendment be dispensed with. the Director of the Office of National Drug revenues estimated at $400,000,000,000 annu- The PRESIDING OFFICER. Without Policy to chair the task force; ally. (3) the President should call upon the (7) The United States has spent more than objection, it is so ordered. heads of state of major illicit drug producing The amendment is as follows: $25,000,000,000 for drug interdiction and countries, major drug transit countries, and source country counternarcotics programs On page 102, between lines 9 and 10, insert major money laundering countries to estab- since 1981, and despite impressive seizures at the following: lish similar high level task forces to work in the border, on the high seas, and in other TEMPORARY SUSPENSION OF DRUG coordination with the United States; and countries, illegal drugs from foreign sources CERTIFICATION PROCEDURES (4) not later than one year after the date of are cheaper and more readily available in SEC. 575. (a) FINDINGS.—Congress makes enactment of this Act, the President should the United States today than 20 years ago. the following findings: call for the convening of an international (8) The 1961 Single Convention on Narcotic (1) The international drug trade poses a di- summit of all interested governments to be Drugs, the 1971 Convention on Psychotropic rect threat to the United States and to inter- hosted by the Organization of American Substances, and the 1988 Convention Against national efforts to promote democracy, eco- States or another international organization Illicit Traffic in Narcotic Drugs and Psycho- nomic stability, human rights, and the rule mutually agreed to by the parties, for the tropic Substances form the legal framework of law. purpose of reviewing the findings and rec- for international drug control cooperation. (2) The United States has a vital national ommendations of the task forces referred to (9) The United Nations International Drug interest in combating the financial and other in paragraphs (1) and (2) and adopting a Control Program, the International Narcot- resources of the multinational drug cartels, counternarcotics plan of action for each ics Control Board, and the Organization of which resources threaten the integrity of po- country. American States can play important roles in litical and financial institutions both in the (c) SUSPENSION OF DRUG CERTIFICATION facilitating the development and implemen- United States and abroad. PROCESS.—(1) Section 490 of the Foreign As- tation of more effective multilateral pro- (3) Approximately 12,800,000 Americans use sistance Act of 1961 (22 U.S.C. 2291j), relating grams to combat both domestic and inter- illegal drugs, including 1,500,000 cocaine to annual certification procedures for assist- national drug trafficking and consumption. July 16, 1997 CONGRESSIONAL RECORD — SENATE S7563 (10) The annual certification process re- establish a high-level interdisciplinary ing here in the United States. Today, quired by section 490 of the Foreign Assist- task force, under the direction of Gen- approximately 12.8 million Americans ance Act of 1961 (22 U.S.C. 2291j), which has eral Barry McCaffrey, Director of the use illegal drugs, including 1.5 million been in effect since 1986, has failed to foster Office of National Drug Control Policy, cocaine users, 600,000 heroin addicts, bilateral or multilateral cooperation with and 9.8 million people who have used United States counternarcotics programs be- to develop a comprehensive strategy cause its provisions are vague and inconsist- for dealing with the supply and demand marijuana. ently applied and fail to acknowledge that side of the drug problem. This menace isn’t just confined to United States narcotics programs have not This amendment also urges the our inner cities or the poor. Illegal been fully effective in combating consump- President of the United States to en- drug use occurs among members of tion or trafficking in illegal drugs, and relat- courage other drug-producing, and every ethnic and socioeconomic group ed crimes, in the United States. transit countries to undertake similar in this country. The human and eco- (b) SENSE OF CONGRESS.—It is the sense of efforts. Within a year’s time, it calls nomic costs are enormous and stagger- Congress that— ing. Drug-related illness, death, and (1) existing United States domestic and for an international summit to be held, international counternarcotics program have at which time the efforts of all of the crime cost our Government and the not reduced the supply of illegal drugs or sig- parties would be merged into a multi- taxpayers of this Nation approximately nificantly reduced domestic consumption of lateral battle plan to engage the illegal $67 billion in 1996, including costs for such drugs; drug trade on every front. lost productivity, premature death, (2) the President should appoint a high In order to create the kind of inter- and incarceration. level task force of foreign policy experts, law national cooperation and mutual re- The drug trade is an enormously lu- enforcement officials, and drug specialists to crative business. Drug trafficking gen- develop a comprehensive program for ad- spect that must be present if this effort is to produce the results all of us de- erates estimated revenues of $400 bil- dressing domestic and international drug lion annually. Although often left trafficking and drug consumption and relat- sire, our amendment would also tempo- ed crimes, with particular attention to fash- rarily suspend, for 2 years, the annual unstated, it is United States’ demands ioning a multilateral framework for improv- drug certification procedure while ef- for these illegal drugs which has been a ing international cooperation in combating forts are ongoing to develop and imple- driving force making drug trafficking illegal drug trafficking, and should designate ment a new strategy. It does not repeal the incredibly lucrative enterprise it the Director of the Office of National Drug the certification process, but suspends has become. The principal focus of the Policy to chair the task force; U.S. international counternarcotics ef- (3) the President should call upon the it for 2 years in order to try this new dynamic. Barry McCaffrey, Director of forts has been to endeavor to go to the heads of state of major illicit drug producing source, to penetrate the countries, major drug transit countries, and the Office of National Drug Control major money laundering countries to estab- Policy, supports this amendment, as narcotrafficking organizations that lish similar high level task forces to work in does the administration. control the production and distribution coordination with the United States; and As you know, the issue of how best to of drugs, and to dismantle them. An (4) not later than one year after the date of construct and implement an effective important component of that inter- enactment of this Act, the President should counternarcotics policy has been the national effort since 1986 has also in- call for the convening of an international cluded as its centerpiece the so called summit of all interested governments to be subject of much debate in this Chamber and, I add, much disagreement over the ‘‘annual certification process.’’ hosted by the Organization of American Mr. President, I commend those who years. Our intention in offering this States or another international organization authored the certification process. mutually agreed to by the parties, for the amendment today is to try and see if Their intent, as is the intent of us who purpose of reviewing the findings and rec- there isn’t some way to end what has offer this amendment, is the same; that ommendations of the task forces referred to become a stale annual event, an event is, to try and figure out a way to slow in paragraphs (1) and (2) and adopting a that has not brought us one step closer counternarcotics plan of action for each down this traffic that pours into our to mounting a credible effort to elimi- country. country. Mr. President, I respectfully nate or even contain the international (c) SUSPENSION OF DRUG CERTIFICATION suggest that, after 10 years, the certifi- drug Mafia. PROCESS.—(1) Section 490 of the Foreign As- cation process has not helped. There- We all can agree that drugs are a sistance Act of 1961 (22 U.S.C. 2291j), relating fore, we are trying, through this to annual certification procedures for assist- huge problem and a growing problem. amendment, a new process by which we ance for certain drug-producing and drug- Illegal drugs aren’t some theoretical might, hopefully, change the dynamic transit countries, shall not apply in 1998 and abstraction that only concerns Mem- and reverse the present trends that 1999. bers of Congress. Most American fami- (2) The President may waive the applica- continue upward. The United States lies know —many firsthand, unfortu- bility of that section in 2000 if the President has spent more than $25 billion since nately—the dangers inherent in the determines prior to Dec. 31, 1999 that the 1981 for foreign interdictions and drug trade. They worry about their waiver would facilitate the enhancement of source country counternarcotics United States international narcotics con- children, their schools, their streets, projects, and has been issuing an an- trol programs. and their communities. They know nual certification report card since Mr. DODD. Mr. President, I offered only too well the impact that unfet- 1986. the second-degree amendment and it tered drug gangs can have on them, Yet, despite these efforts, seizures at doesn’t substantially change the origi- their families, and the towns in which the borders, from the high seas, and nal amendment, but it is so that we they live. other countries, foreign drugs are can have an up-or-down vote on the We can all agree here, Mr. President, cheaper and more readily available in substance of the amendment I offered that there is an important inter- the United States today than they were on behalf of myself, my colleague from national component to the drug men- two decades ago. Drugs have continued Arizona, Senator MCCAIN, Senator ace. Drug kingpins have no respect for to flood our neighborhoods and wreak DASCHLE, Senator LUGAR, Senator DO- international borders. They ply their havoc on our families and our commu- MENICI, Senator COCHRAN, Senator trade clandestinely wherever the op- nities. I believe, as do my cosponsors of KERREY of Nebraska, Senator portunities may arise. The inter- this amendment, that it is time to be HUTCHISON, Senator HAGEL, Senator national drug trade poses a direct honest and to admit that our inter- WARNER, and Senator INOUYE. threat, I argue, to the United States as national drug strategy isn’t working, Mr. President, we believe that the ap- a government here at home, and to and that means the entire certification proach contained in this amendment international efforts to promote de- process. will lead to a far more cooperative and mocracy, economic stability, human Let’s look at what some leading edi- effective effort to meet the inter- rights, and the rule of law throughout torial pages have recently said about national threat posed by the inter- the globe; but most especially, I think, certification; what the Nation’s edi- national drug trafficking that is occur- here in our own hemisphere. torial pages say about drug ‘‘certifi- ring in our country and elsewhere Mr. President, I have concerns about cation.’’ around the globe. the international implications of the The Washington Post: The pending amendment calls upon drug trade. Of even greater concern to Congress put the United States into the the President of the United States to me personally are the effects it is hav- business of grading other nations on their S7564 CONGRESSIONAL RECORD — SENATE July 16, 1997 performance in the war against drugs, and Legislation introduced last week by Sens. But there is a deeper hypocrisy in con- punishing those found to fall short, back in Christopher Dodd (D–Conn.) and John demning other nations’ efforts to stem drug 1986. ‘‘Certification’’ then seemed an idea McCain (R–Arizona), and slated for a vote in supplies when the United States’ own gov- worth testing. It has now been tested. It’s a the Senate later this week, would suspend ernment has had so little success in sup- flop. the certification process for two years to pressing domestic demand for drugs. Until The Miami Herald, I quote: allow the development of more workable al- America can address the demand problem ternatives. It ought to be approved. more credibly than it has, it would be wise Not surprisingly, both certified allies and Last February’s go-around over Mexico’s for Washington to cooperate with other na- decertified pariah states have taken um- certification demonstrated just how prob- tions affected by drug trafficking in devising brage at this unilateral finger-pointing by lematic the process has become. new strategies, rather than browbeating the world’s largest consumer of illegal nar- Mexico, which was in the middle of an epic them with meaningless report cards. cotics * * * With certification on hold, the drug-related scandal, was certified. But Co- administration should have time to craft a lombia, which had lost many more lives and [From the Christian Science Monitor, June better policy. scored significant victories fighting the drug 16, 1997] San Francisco Chronicle: cartels, was decertified. A GOOD STEP ON DRUGS Often obscured in the complexities of It would have been absurd indeed for the Since drug trafficking is an international international relations is the utter hypoc- U.S. to decertify and impose economic sanc- problem, international cooperation to com- risy of the certification process, in which the tions on Mexico, with which we had signed a bat it has always made sense. But Washing- United States—the world’s leading consumer free-trade agreement just three years before ton’s approach to such cooperation has for of illegal drugs—passes judgment on coun- and which was recovering—thanks to a the last decade included a tool for bludgeon- tries that do not live up to our lofty stand- multibillion-dollar U.S. loan guarantee— ing others into antidrug partnership—the de- ards of narcotics control * * * If the United from a deep economic crisis. certification process, by which other nations States, with all its power and riches, cannot President Clinton, quite properly, gave face economic sanctions by the US if they control or even diminish the demand for greater weight to these economic realities are deemed noncooperative. The result in the drugs within its own borders, it is absurd to and the totality of our relationship with most important arena, Latin America, has demand that much poorer nations save us Mexico than to the certification law’s de- been recurrent friction rather than tighter from ourselves * * * Congress should rethink mand for sanctions. But not before relations cooperation. the world certification process and deal with between the two countries reached the low- This year’s certification of Mexico and de- international problems on a country-by- est point in recent memory. And the way certification of Colombia made it more obvi- country basis as the need arises * ** Mexican certification was rationalized fed ous than ever that this particular The Christian Science Monitor: popular cynicism in this country about the antinarcotics tool should be junked. Politics seriousness of the certification exercise. and US economic interests, rather than ob- The U.S. and Mexico have every reason to Sadly, the bottom line on the usefulness of jective consideration of the antidrug records be close partners and friends—able to offer the certification strategy is that drugs today of both countries, dictated the final decision. warranted criticism. The yearly drug certifi- are far cheaper and more easily available in A new bill sponsored by Sen. Christopher cation process is a very awkward, lopsided the U.S. than when Congress created the Dodd (D) of Connecticut and Sen. John way of delivering it. process 11 years ago. McCain (R) of Arizona would suspend the de- Newsday: There shouldn’t be any doubt that fighting certification process for the next two years. The real issue now is whether the rationale drugs must remain a top foreign and domes- It also urges the formation of a high-level for certification has become so specious that tic policy priority and that an annual review task force under the direction of the govern- the process has become irrelevant. At the properly focuses national attention on it. ment’s chief drug-control official, Barry very least, the entire drug-certification proc- But as the Dodd-McCain initiative sug- McCaffrey, to reassess policy responses to ess needs to be reviewed. gests, the effort should be a more com- both the supply and demand sides of the nar- cotics problem. The president would encour- The Boston Globe: prehensive and flexible exercise that, for in- stance, considers both foreign supply and do- age other countries to form similar task Certification is hypocritical and ineffec- mestic demand. A new approach also should forces, and in two years an international tive as a tool against drugs. It should be emphasize multilateral, cooperative strate- summit would be held to forge a joint anti- abandoned * * * Certification is largely gies as a strategy of first resort. drug strategy. blind to the contribution Americans them- When that doesn’t work, economic sanc- Some may argue that this sounds like a selves have made to an international prob- tions, diplomatic pressure, law-enforcement megastudy of a problem that has already lem. Frustrations over how to deal with that measures, economic aid and other measures been studied to death. But the plan has three problem are not justification for pursuing should all be at the disposal of the president elements that strongly recommend it: poor policies—and certification is doing to ensure cooperation. The war on drugs is a For at least two years, and maybe more, it more harm than good. long, arduous campaign that is more likely gets rid of the divisive, counterproductive Last, the New York Times: to be won through ingenuity and tenacity decertification club. Inherent in it is a closer examination of The politicization of the debate is only one than annual grandstanding and empty the demand problem within the US, and the example of what is wrong with the whole cer- threats. possibility of productively shifting resources tification process. It began in 1986 as a way to such needs as drug treatment. This aids to pressure supplier countries to fight drugs. [From Newsday, July 16, 1997] cooperation as well, since Latin Americans It has not been successful and should be FIND BETTER WAYS TO STEM THE FLOW OF have long charged that the US underplays its abolished * * * Latin Americans’ resent- ILLICIT DRUGS demand problem. ment of the certification process makes it An eminently sensible bill in Congress It holds out the possibility of an inter- counterproductive * * * The process does would begin to do away with the ineffective national antidrug partnership based on not capture the ambiguities of practice of certifying other nations’ efforts shared interests and ideas, rather than one cooperation *** Certification is ultimately to control production and shipment of illegal forced together by US threats. dangerous because it contributes to the drugs and punishing those that don’t meet The Dodd-McCain bill should be promptly myth that America’s drug problem can best U.S. standards. A two-year moratorium on enacted. be fought overseas * * * Instead of inter- certification is included in legislation, intro- national certification, Washington should duced by Sens. Christopher Dodd (D-Conn.) [From the Washington Post, July 14, 1997] examine how well its policies at home com- and John McCain (R-Ariz.), which calls for a DRUGS: INTERDICTING THE FLOW ... bat drugs. presidential commission to come up with a Congress put the United States into the Mr. President, I ask unanimous con- coordinated strategy for drug control in con- business of grading other nations on their sent that the full text of these edi- sultation with other countries. performance in the war against drugs, and torials be printed in the RECORD. The drug-certification law was enacted in punishing those found to fall short, back in There being no objection, the mate- 1986 by a Congress intent on showing it could 1986. ‘‘Certification’’ then seemed an idea rial was ordered to be printed in the do something about drugs, but it has proved worth testing. It now has been tested. It’s a to have little impact. Worse, it has backfired flop. By provoking local nationalism, this RECORD, as follows: more than once in the conduct of U.S. for- sort of unilateral American intervention has, [From the Chicago Tribune, June 16, 1997] eign policy. In practice, it has been applied in Mexico, Colombia and elsewhere, strained RETHINKING DRUG CERTIFICATION with bald-faced hypocrisy: How else to ex- the anti-drug cooperation it was meant to The United States’ annual rating of other plain the decertification last year of Colom- strengthen. It has centered the American countries’ sincerity and success in fighting bia, which has done its best to cooperate, fight against drugs more on foreign supply the drug war has become a case of good in- and the recertification of Mexico, whose gov- than on consumption at home—an emphasis tentions gone awry. The tit-for-tat sanctions ernment is riddled with narco-corruption? that, for all the successful drug seizures, has of this blunt policy tool oversimplify com- Simple: Mexico is economically and politi- seen the international drug flow pick up over plex issues and fail to weigh policy nuances cally important to Washington; Colombia is the years and force prices on the American or competing national interests. not. street steadily down. July 16, 1997 CONGRESSIONAL RECORD — SENATE S7565 Now comes a move in Congress to look at This after Mexico’s chief anti-drug official today, the lowest they have been in certification with a beady eye. Sens. Chris- was arrested for allegedly aiding the head of two decades. We just came from a hear- topher Dodd and John McCain are leading a his country’s biggest, most ruthless drug ing chaired by our colleague from bipartisan, ideologically neutral effort that cartel. Georgia, which my colleague from Mas- With certification on hold, the administra- draws reasonable and necessary conclusions sachusetts, who is on the floor, at- from the experience of the past decade. They tion should have time to craft a better pol- would suspend for two years the process of icy. The bipartisan resolution encourages tended. We heard at that hearing that unilateral American certification and enlist the president to foster international anti- the problem is getting worse—not bet- the drug-producing and transit countries to drug cooperation, culminating in a summit ter. In the countries that we have de- join the United States in an international where strategies could be mutually agreed certified, I say to my colleague from program to contend with both trafficking upon. That global approach, it suggests, Arizona, over the last couple of years and consumption. In a word that Americans would work in sync with a comprehensive the problem gets worse—not better. We will have to get used to in dealing with these domestic plan, addressing both supply and are getting less cooperation in many ‘‘global’’ issues, the United States would demand problems, developed by Gen. Barry places. There is a sense of antagonism ‘‘multilateralize’’ the war against drugs. Co- McCaffrey, director of the Office of National about how we approach this issue. operation would become the key. Drug Control Policy, and other experts. So while I applaud the intentions of International problems exist for which ‘‘We need to reach out to other govern- one-sided applications of American power— ments who share our concerns about the those who authored this process—and I in this instance control of international threat that drugs pose to the very fabric of understand the rationale for it back in credit—are a remedy. Drugs is not one of their societies and our own. It is arrogant to 1986—from time to time I think we them. While other countries are the prin- assume we are the only nation that cares have to step back and ask ourselves cipal source of the supply, the United States about such matters,’’ said Sen. Dodd. ‘‘To- blunt questions as to what we have is the dominant source of the demand. It is gether, working collectively, we can defeat tried to do, no matter how well in- laughable to pretend that just one side of the traffickers. But if we expend our energies tended. Is it working? If it is not, and this equation can and need be dealt with. playing the blame game, we are certainly if the problem is getting worse, then I Then, a concentration on foreign supply ig- not going effectively to address this threat.’’ Well said, Senator, and well proposed. would say to my colleague from Ari- nores that Americans have done no better zona, in response to his question, that cleaning up trafficking networks in this Mr. DODD. Mr. President, let me just maybe we ought to think anew. That is country than others, including Latins, have emphasize, if I can, that I don’t nec- done with the networks abroad. The certifi- what this amendment does, without re- essarily agree with all of the conclu- pealing the certification process but cation policy, imperiously penalizing for- sions in these editorials. Some have eigners not just for their lapses but for the merely suspending it for a couple of United States’ own, ignores this evident fact. suggested repeal. There is a part of me years to see if we can’t come up with a Mexico provides a particular reason to re- that finds that appealing. But I am not better idea. view American drug policy. Its corruption is sure what we are going to offer over Mr. MCCAIN. If the Senator from unquestionably responsible for some part of the next 2 years is necessarily going to Connecticut will yield for a further the flow of illegal drugs. But Mexico is also work either. I don’t have any absolute question, isn’t there an enormous in- a country now making an immense effort to certainty of guarantees that what we undo the political distortions that lie behind consistency, and, in fact, a lack of offer as an alternative will work. But I credibility in this decertification proc- much of the corruption. By looking for coop- think all of us can agree that suspen- erative ways on drugs, the United States ess when we are faced with a situation tackles a hemispheric menace and encour- sion for a couple of years, as General where the President of the United ages Mexican democracy at the same time. McCaffrey has suggested, to try the States in the one case of Colombia de- cover the dynamic here is worth the ef- certifies Colombia as not being cooper- [From the Miami Herald, July 7, 1997] fort and worth a try. ative in the war on drugs—which is a NOW, THAT’SA RESOLUTION This doesn’t mean you are less strong country, as we all know, with incred- Sometimes, even if rarely, legislation or less outraged or less concerned ible chaos and an anarchy that exists makes such eminent good sense that you about what is happening to narcotics in that country—and at the same time wonder why it wasn’t proposed sooner. On trafficking. Quite the contrary. I think certificates Mexico largely on the point is a U.S. Senate resolution with a most those who support this recognize that grounds not that you could make the reasonable response to the scourge of illicit we are trying to get a better handle on argument that Mexico has been cooper- drugs. The resolution not only suggests that this to see if we can’t have better an- the United States attack domestic demand ative in the case of drugs, but there are as well as supply, but that it work with swers because the current process is certain economic interests and other other nations to draft a cooperative ‘‘battle not working. We need a better idea. interests that we have in Mexico which plan’’ to defeat the illegal-drugs trade on Hopefully people of good intention, almost compel the President of the every front. good will, and putting their shoulders United States to not decertify Mexico This commendable proposal was intro- to the wheel in this country and else- under the same criteria that basically duced the other day by Sens. Christopher where can come up with some better the President used to decertify Colom- Dodd, D-Conn., and John McCain, R-Ariz. ideas over the next 2 years and really bia, thereby revealing a significant The only shame was that, coming in the begin to make some headway in this ef- flaw in this entire process and reveal- midst of furious budget wrangling and just before the Fourth of July holiday there was fort. ing a lack of credibility as far as adher- no time for its discussion and passage. Mr. President, I urge the adoption of ence to the criteria that was supposed The resolution would suspend for two years this amendment. to be set up under the conditions for the cumbersome certification process that Mr. MCCAIN. Mr. President, will the certification or decertification? Congress foisted on the president in the first Senator yield for a question? Mr. DODD. In response to my col- place. By law the White House is required Mr. DODD. I gladly yield to my col- league’s questions, I would agree with each year to pass judgment on the drug-curb- league from Arizona. him. That is one of the problems with ing efforts of nations that serve as major Mr. MCCAIN. Does the Senator from this. It is so uneven in its application, narcotics producers or transit points. Coun- Connecticut believe that in the past 5 and as such one might argue that the tries that do not pass muster are decertified, years that we have been winning the obliging the United States to cut certain aid effectiveness of it is thereby debilitat- and oppose international loans. Other, more- war on drugs? Does it indicate to him ing—that, if we are going to certify drastic sanctions also are authorized. that perhaps the price of drugs in the some, and waive others where the prob- Not surprisingly, both certified allies and streets of Hartford, CT, and Phoenix, lem arguably is the same, although one decertified pariah states have taken um- AZ, is lower than it was 5 years ago? might make a case that there are var- brage at this unilateral finger-pointing by Has the Senator from Connecticut seen ious efforts in certain countries, I the world’s largest consumer of illegal nar- any meaningful gain in the war on think you end up with the kind of situ- cotics. What right has the pot to call the drugs as a result of this recertification ation we are in today where the desire kettle black? The whole certification sham policy? for cooperation and the efforts of co- even blew up on itself in March after Presi- dent Clinton decertified Colombia, which had I have several other questions that I operation have been severely curtailed recently stepped up anti-narcotics efforts, would like to ask. as a result of it. while certifying Mexico, through which are Mr. DODD. Mr. President, in response So even if you are trying to send a thought to come as much as 80 percent of the to my colleague’s questions, I would message here, it gets lost in the proc- illegal drugs entering the United States. say, First, the price of drugs is lower ess. I note in the case of Colombia— S7566 CONGRESSIONAL RECORD — SENATE July 16, 1997 which is certainly a major source coun- Mr. DODD. I say, in my response to all of our adult lives, the Senator from try problem without any question the questions, the Senator is abso- Connecticut and I. whatsoever—but I pointed out, as I lutely correct. He stated it very well. And I also want to ask, in addition, is know my colleague from Arizona has And that certainly was the evidence of- the Senator from Connecticut aware of from time to time, that this has para- fered by General McCaffrey and others the White House letter dated July 16, lyzed the country of Colombia. Many whose business it is on a daily basis to signed by Samuel Berger, Assistant to may recall that a number of years ago monitor these events—and he sug- the President for National Security Af- the entire supreme court of that coun- gested to us that, if cooperation is fairs: try was assassinated. One attorney what we are seeking, the vehicle we I am writing to express the support of the general after the other, the chief pros- have been using is not having the de- administration for the amendment that you ecutor, all of these people have been as- sired effect despite again the good in- and Senator DODD are proposing. We believe sassinated. Presidential candidates get tentions of those who sought this proc- your amendment would allow the adminis- assassinated. One might argue that ess. tration to develop and implement a new mul- they are paying an awful price in that I say to my colleague from Arizona, tilateral strategy to stem the flow of illegal narcotics. We believe the passage of this nation. in response to his question, that the If we decertify, we lose any kind of amendment will lead to a more effective genesis of the certification process multilateral effort in the war against drugs. cooperation in terms of what we ought dates back to a time when I think And also, is the Senator from Con- to be trying to seek there. In the case there was bipartisan frustration over necticut, who I know shares my pro- of Mexico, as my colleague has pointed whether or not there was enough atten- found respect and appreciation for Gen- out—he certainly knows Mexico as well tion being paid at the executive branch eral McCaffrey and the job he is doing as any Member of this body—there are level in terms of the drug-related issue. and the responsibilities, enormous re- serious problems there and well docu- So a certification process was put in sponsibilities, we have placed on Gen- mented. Yet, both of us are aware of place. eral McCaffrey and the universal re- the fact that there are serious eco- I think most would argue today that spect and admiration in which he is nomic implications. So we send a sig- however true those feelings may have held, aware of a letter he wrote also on nal of waiving and apply a different been over a decade ago that over the July 16, in which he says: standard, and that message is not just last number of years there has been a heard in both Colombia and Mexico, it heightened degree of involvement on Wanted to confirm that the Administra- resonates throughout this hemisphere. tion supports the Dodd-McCain legislation the part of the executive branch—wit- on international drug cooperation. Believe Again, my colleague from Arizona ness, of course, General McCaffrey, your thinking supports U.S. drug policy by spends a great deal of time on hemi- whom we all respect—doing the best recommending a mechanism that would spheric issues. He has heard what I they can. It is their conclusion, as well allow us to make fundamental improvements have heard over and over again; this is as my colleague from Arizona, as he in the way we cooperate with major drug not helping at all. There are other pointed out, that this is counter- producing and transit countries. At a mini- countries involved. We have launder- productive. mum, your bill promises to remove a major ing, transit countries, other countries I might point out, that the elections cause of foreign policy friction especially producing, and, frankly, this effort of that recently took place in Mexico with Latin American and Caribbean coun- tries. Timing for consideration of new ideas cooperation is just collapsing in our were historic. I think my colleague and is fortunate because of the upcoming Sum- midst. I would agree on this. It looks as close mit of the Americas and heightened interest So this has not worked. to a democratic and corruption-free in multilateral counter-drug cooperation fol- Mr. MCCAIN. If the Senator will election as probably has been held in lowing the President’s travel to Mexico and yield for a further question which his Mexico. You have new members of the Central America. response led to, isn’t it true that there national legislature, and hopefully a ONDCP is prepared to lead an interagency was a question that the administration new beginning in many ways here. It task force to develop a new strategy. had asked itself in this process: What seems to me that our efforts here By the way, I ask my friend, is it not would be the effect in Mexico of a de- might do a lot to get that kind of co- true that we need a new strategy? That certification of Mexico, a country that operation out of new members of the is the whole point here of this legisla- is uncertain if not fragile and in transi- Mexican Government—the legislative tion. I do not know how anyone could tion to democracy? There is always a branch, along with President Zedillo, argue that the present strategy has certain latent anti-Americanism in who, I think all of us would agree, has succeeded. Mexico. I will not waste the time of the certainly been most cooperative in this Although we would want to explore a num- Senate or my knowledgeable friend’s effort. ber of options, elements of a new strategy time in depicting the causes for that. So I agree with my colleague. might involve increased use of multilateral And one of the greatest challenges that Mr. MCCAIN. If the Senator will mechanisms and international organizations we face, I ask my friend from Connecti- yield for a further question, isn’t it such as the OAS. We might also consider ex- cut, is getting the cooperation of the also true that we will hear objections pansion of ad hoc arrangements for in-depth bilateral counter-drug cooperation with Mexicans. And, yet, isn’t it also true to this amendment? And some of those countries of particular interest such as Mex- that General McCaffrey would testify objections will be based on the lack of ico. The Department of State and ONDCP that despite all of the problems that cooperation that we have received from are already formulating plans for a fall con- are there, despite the corruption, there Mexico in fighting the war on drugs, ference to develop new thinking along the has been an attempt on the part of the something I believe the Senator from lines of your proposal. Mexicans to arrest their drug czar, Connecticut and I would be the first to Respectfully, Barry R. McCaffrey. General McCaffrey’s counterpart in acknowledge—along with the fact that I ask the Senator from Connecticut, Mexico, and other actions that have the resolution of the Senator from Con- would it not be appropriate that we been taken by the Mexicans because of necticut a few days ago put the Senate should view the opinions of the Presi- their recognition of the threat that on record in praising the Mexican Gov- dent’s national security adviser and drugs pose to their very national exist- ernment, by a unanimous recorded vote the drug czar very seriously when we ence; and, that, if we had decertified here in the Senate, for their efforts of take into consideration this legisla- Mexico in the last decisionmaking transition to a free and democratic tion? process that the President took, there form of government for the first time Mr. DODD. Mr. President, it would. I is the opinion in the view of many that since the revolution. urge my colleague at the appropriate would have harmed relations and the I ask the Senator from Connecticut if time to ask unanimous consent that cooperation that we are receiving he would not believe at this time these letters be a part of the RECORD. I would have been lessened rather than whether it would not be most inappro- thank General McCaffrey for his letter increased thereby inhibiting our abil- priate for the United States to be on and Sandy Berger for his letter. ity to win the war on drugs and a record as condemning Mexico, at a Again, they state it very well. My demotivated factor in helping getting time when we are seeing the progress colleague from Arizona has stated it them to cooperate with us? that we have been urging for, in fact, well. We offer this suspension—and, July 16, 1997 CONGRESSIONAL RECORD — SENATE S7567 again, I want to emphasize ‘‘suspen- Mexico postsummit and what has not this kind. So I am not sorry we have sion,’’ Mr. President—for 2 years of the happened. this process. I think it focuses our ef- present law, not a repeal. There are This debate is really about whether forts, and, even when it bruises feelings some who would like to repeal it, and I we should give foreign aid and support of other nations, it ultimately pro- might be counted among those, but I development loans to other nations duces more cooperation, not less. respect the fact that a suspension is with no strings attached even if we Now, let us for a moment look at Co- the best way to go at this point. know that the leaders and government lombia, a country which we did decer- But our colleague from Arizona of the country do nothing to assist in tify 2 years ago. The evidence is clear. states it well. The present system is stopping the flow of drugs to the Unit- When we decertified Colombia, the re- broken. It is not working. We need ed States. action was initially very harsh, and some new, fresh efforts here. And with I think we need to clear up a major then, very quickly, Colombian coopera- the commitment of General McCaffrey misconception about the debate here tion began to improve. here saying to us, look, my office is today on the drug certification process. Colombian officials came to my of- prepared to lead an interagency task This is not a debate about whether fice just a month or so ago, and here is force to develop a new strategy. His drug certification is a process that what they told me: In the last year, Co- letter to us today, I think it says it all. hurts our relations with our allies in lombia has fumigated 20,000 hectares of What better way to get started, if you the hemisphere because we sit and pass cocoa, the most ever; destroyed 800 will, than to have a clean slate for a judgment on other nations. This is a drug laboratories; began working with couple of years to allow General debate about foreign assistance and the United States to develop a radar McCaffrey and his team to go forward under what circumstances the United system to allow the government to se- and try to do that without repealing States should offer assistance to other cure control of all Colombian airspace, the law of certification but merely sus- nations. With the exception of humani- an air control system that allowed pending it. tarian assistance, the United States them to force down approximately 50 You are going to get a lot more co- provides foreign assistance not only be- small drug-runner planes—force down operation, it seems to me, with a sus- cause America has a great and good 50 small drug-runner planes—which pension for 2 years and trying to bring tradition of assisting other states, but would have otherwise evaded Colom- these countries in than there will be if because we want to encourage certain bian air traffic control. we gather as we do annually and go types of behavior—because we want co- They have begun working with the through this process, as our colleague operation on political, security, or eco- U.S. Coast Guard to develop strategies from Arizona pointed out here, again nomic policy. for intercepting narcotics traffickers on the certification. We are out here The distinguished manager of the at sea; they have passed tough new debating 11th-hour negotiations on bill, Senator MCCONNELL, has said it laws on asset forfeiture for narco-traf- waivers, all efforts to try to avoid a ca- very well today again and again. He fickers, and they are implementing tastrophe, and once again find our- said, ‘‘Foreign aid is not an entitle- them; they have arrested and convicted selves in a mess with certification ment program. Just because you re- at least 5 politicians I know of, and in- practices and no advance strategy to ceived it last year does not mean you carcerated them for taking money into deal with this issue. I am grateful to should receive it this year. You have to their campaign funds from narco-traf- the Senator from Arizona, the adminis- earn it.’’ fickers; they have passed tough new tration and General McCaffrey for this A nation that does not fully cooper- penalties increasing sentences by 4 and effort. ate with our efforts to keep drugs from 10 times for drug-related offenses; and I think this is a good, bipartisan ef- reaching our schools and our children they have instituted aggressive new fort, Mr. President, to come up with a has not earned the right to receive for- proceedings against the Cali and new dynamic, and I thank again my eign assistance from the United States. Medellin cartel leaders. The Medellin colleague for his support and leader- We are not obligated to provide assist- cartel leaders are all in prison. The ship on this effort. ance. We provide this assistance be- cartel is no more. And the Cali cartel is Mrs. FEINSTEIN addressed the cause it is in our interest to do so, be- in the process of disintegrating. Chair. cause it encourages behavior and poli- Does anyone honestly believe that The PRESIDING OFFICER. The cies which we support. Before we pro- Colombia would have taken these steps Chair recognizes the Senator from vide money, we have every right to ex- in this fashion if it had not been for the California. pect that we will get cooperation from U.S. drug certification process? I think Mrs. FEINSTEIN. I thank the Chair. those nations to which we provide it. not. And as a matter of fact, I am of I rise in strong opposition, and I hope Indeed, we have a duty to our constitu- the view that if this continues, Colom- it will be robust opposition, to the ents not to send their tax dollars to a bia should be recertified, and we should Dodd-McCain amendment, which would country if it is undermining our say thank you for working on this gut the narcotics certification process counternarcotics effort. That, in fact, problem in the way in which you have. and replace it with absolutely nothing. is why we have the certification proc- Before Colombia was decertified, the Mr. President, I just heard the distin- ess as an instrument for cooperation— powers of the cocaine cartels grew. The guished Senator say ‘‘trust General not because we want or enjoy the op- number of hectares planted with coca McCaffrey.’’ With all due respect to portunity to sit in judgment on other grew. The corruption in the Colombian General McCaffrey, this is such a vola- nations. It is not a policy for faint judicial and political systems grew. tile and unpredictable area that it is hearts. I admit that. It is not about But when the United States said impossible to know what to believe. It rating who we like or who we do not ‘‘enough’’ and decertified Colombia, all is understandable that General McCaf- like. It is not about saying you are of a sudden the Colombian Government frey could stand before the world and good and you are bad. did an aboutface. I think that this ex- say, ‘‘I trust General Gutierrez The current certification process ample can affect other nations as well. Rebollo. He is an honest man.’’ may not be perfect, but it accomplishes Unfortunately, much of the trafficking Whoops. The next thing we know, he something very important. Once a year and the transportation of drugs has is on the take. My goodness, how can it focuses the attention of our execu- moved to Mexico, and this is the next you gut a process and replace it with tive branch and of other nations whose frontier of the battle. nothing except trust when we have al- cooperation we need on what is perhaps Now, let’s compare the situation in ready found that trust to be wanting. the most crucial national security Colombia today with that in Mexico Now, let me say for a moment, I want issue this country faces. today post-summit, post-Presidential to divide my remarks into three parts. If anyone had to ask me what is visit to Mexico. Still, not a single ex- The first is foreign assistance and who America’s No. 1 national security tradition of a Mexican national on drug should get foreign assistance as a prod- threat, I would say drugs, drugs, drugs. charges. I say on drug charges. On uct of this amendment. The second is a There is no other. It is my firm belief other charges perhaps. Despite all of certification process and what it has that without the drug certification the debate last year, despite the eco- actually done in Colombia. The third is process, we would have no debate of nomic summit, not a single extradition S7568 CONGRESSIONAL RECORD — SENATE July 16, 1997 of a Mexican national wanted in this traffickers, has said repeatedly that covered,’’ then I know we have some- country for drug charges has been car- drug trafficking is the No. 1 threat to thing going on on the streets, as they ried out by the Mexican Government. Mexico’s national security. Well, either say. So, that is what I am looking for. There are continued restrictions on it is or it isn’t. If it’s such a grave When I see Mexico say, ‘‘Here are the the operations of United States drug threat to Mexico’s national security, cartel leaders, we are going to bring enforcement agents in Mexico. Even they should cooperate with us in their them to trial, we are going to bust the when working in cooperation with own interests, not because we make de- cartels,’’ then I know we have some- their Mexican counterparts they still mands. Extradite drug pushers, allow thing going. cannot protect themselves if they are U.S. Coast Guard ships to refuel, allow So, until then, to do away with the working on the other side of the bor- DEA agents working the other side of certification process, I think, is to say der. They still are not allowed to carry the border to carry firearms to protect to the people of the United States, ‘‘We weapons. Coast Guard ships in pursuit themselves. I believe we have every le- are going to do nothing for the next 3 of trafficking vessels on the sea still gitimate reason to make clear we will years.’’ I, for one, am not going to be need to give Mexico 30 days’ notice be- not accept anything less than full co- party to that policy. fore putting into port to refuel. There operation. Mr. President, I ask unanimous con- are no air or maritime agreements to The whole issue is an issue right now, sent to have printed in the RECORD a forge a joint approach for interdiction precisely, I believe, because the admin- letter signed by Senator GRASSLEY, of narco-trafficking. There is still mas- istration was not honest in the certifi- Senator COVERDELL, Senator sive corruption at all levels of the gov- cation process in dealing with Mexico. TORRICELLI, Senator JOHN KERRY, and ernment, law enforcement and the As much as I, too, would like to see a myself, and I yield the floor. military, prosecutors killed, judges more flexible certification process, the There being no objection, the letter murdered, and, most recently, the plas- situation with Mexico, for me, under- was ordered to be printed in the tic surgeon that did the surgery on scores exactly why we need a certifi- RECORD, as follows: Amado Carrillo-Fuentes has report- cation process. U.S. SENATE, edly—I cannot verify it, but report- I come from a State that is perhaps Washington, DC, July 16, 1997. edly—disappeared. the most impacted State in the Union Vote ‘‘no’’ on the Dodd-McCain amendment Drug cartels are running rampant in with these drugs. Yes, cocaine prices to end narcotic certification. Mexico. Corruption along the U.S. bor- have dropped on the streets of Los An- DEAR COLLEAGUE: We write to urge you to der—and I will speak for California— geles in the last 5 years. It is not be- join us in opposing the Dodd-McCain amend- has never been worse, never been cause of a certification process. It is ment on narcotics certification. This amend- worse. The cartels are now controlling because we have not had the guts to do ment would dramatically weaken the United States’ ability to gain cooperation from street gangs in Los Angeles, and this is what we should have done and decer- other nations in the war against inter- where I stand up and say ‘‘I have had tify Mexico. I believe that’s the reason. national narcotics trafficking. enough.’’ To replace a policy which may come to The Dodd-McCain amendment would effec- My distinguished colleague and some fruition this next year with noth- tively end the narcotics certification process friend from Connecticut read from a ing is wrong. and replace it with . . . nothing! number of editorials. You know, I I agree with the idea of a commis- The Dodd-McCain amendment would tell judge stories by the by-line. There is a sion. I am happy to have commissions. other nations that we will provide them for- eign assistance with no strings attached, reporter whom I respect very much. I learned when I was mayor, if you even if they do nothing to assist stopping the His name is Marcus Stern. He writes didn’t know what to do, appoint a com- flow of drugs to the United States. for the San Diego Union Tribune. This mittee. Better still, appoint a commis- The Dodd-McCain amendment would in- is a headline on the 12th of this month, sion. stantaneously deprive the United States of ‘‘Drugs still flown over the border, say But I know what to do. We have to the leverage we have used successfully to agents.’’ Let me quote from part of this stop those overflights. We have to see gain greater anti-narcotics cooperation from article: that the border is enforced. We have to many nations, including Colombia, following press for cooperation. We have to have its decertification two years ago. But a dozen military and civilian officials The Dodd-McCain amendment would send a directly involved with the counter-drug ef- extradition for those for whom there is signal to our friends and partners—and to fort along the California-Mexico border said a bona fide American arrest subpoena the drug lords—that the United States is not in interviews during recent weeks that the or warrant who traffic in narcotics. serious about combating narcotics. skies in San Diego and Imperial counties are So, I am not prepared to vote for an The Dodd-McCain amendment calls for a largely out of control and are still being amendment that leaves us with no plan task force on international narcotics control heavily used by drug traffickers. and an international summit to develop a It’s pretty much wide open *** but simply takes Mexico off the hook: No evaluation this fall, no ability to multilateral strategy—which are laudable * * * * * read the September 1 report presented goals—but it would unnecessarily gut one of But the antidrug officials interviewed in the central tools in our current narcotics recent weeks said military observation posts by the administration and make a deci- control strategy, without specifying what deployed along the border are spotting a sion as to whether there has or has not will replace it. half-dozen planes a week flying into Imperial been any progress, then wait 2 or 3 The influx of illegal narcotics is perhaps County alone. The planes are flying low at years for this undefined, ephemeral the gravest national security threat facing dusk with their lights out, the officials said. ‘‘something.’’ the United States today. In order to effec- This is happening every day on the Respectfully, I can’t turn around and tively combat this threat, the United States border. It is the wrong time to do gut just depend on trust when another na- needs to work with our friends and partners in the Western Hemisphere to interdict this the certification process. The adminis- tion’s leading anti-drug official turns massive flow of drugs and to arrest and pun- tration has agreed to give us a report out to be on the take. What’s wrong ish the drug lords. on September 1 on progress made by with our intelligence? How can that But when we do not receive the full co- Mexico. That is pursuant to our Sen- happen? We don’t question it even. How operation of other nations in these efforts, ate-passed resolution. I, for one, am ea- can that happen? It did. And that, I be- we must be able to act to let them know that gerly awaiting it, to see what progress lieve, typifies our drug policy with they must do more. That is why we have the has been made. At this stage, I know of Mexico. Frankly, it has been one of drug certification process. We urge you to spin. I, for one, am not going to buy oppose the Dodd-McCain amendment. no real progress that has been made. Sincerely, The sponsors of this amendment the spin. I want to see the results on DIANNE FEINSTEIN. argue that Mexico fails to cooperate the street. CHARLES E. GRASSLEY. because of the certification process. When cocaine prices on the street JOHN KERRY. They argue that Mexican pride and na- corners of Los Angeles rise, I know PAUL COVERDELL. tionalism make it difficult to appear to something has happened. When I pick ROBERT G. TORICELLI. respond to American threats. That’s up this newspaper and, instead of see- The PRESIDING OFFICER (Mr. nonsense. It is baloney. ing ‘‘Drugs still flown over the border,’’ ABRAHAM). The Senator from Iowa. President Zedillo, whom we all be- I see ‘‘Five Planes Downed, Pilot, Copi- Mr. GRASSLEY. I want to make it lieve is committed to fighting the drug lot Arrested, Two Tons of Cocaine Re- clear I disagree with the Dodd-McCain July 16, 1997 CONGRESSIONAL RECORD — SENATE S7569 amendment. We have been focusing in We have passed legislation to hold making authorities to override the this debate on the necessity and the countries responsible for violating in- President if it does not accept his de- impact of the certification process on tellectual property rights. Do we ex- termination. foreign countries as if the only purpose pect this legislation to end all pirating It is hardly outrageous, Mr. Presi- of this was to put pressure on foreign of books or CD’s? Or do we expect to dent, that we expect other countries to countries. That probably is the pri- have the means available to us to re- abide by laws and by commitments, mary purpose and maybe the only one spond to all counterfeiting, to send a international and otherwise, made by we talk about. But, as well, I would message about what the standard is those countries. It is hardly unfair to like to suggest that we have a situa- that we believe that we need to uphold? expect an assessment of these efforts. tion where this process keeps our own I think everyone knows the answer. It is not unrealistic to expect that we Government decisionmakers respon- Why are we seeking to establish some will take appropriate responses if mini- sible. In other words, through this cer- sort of different standard for drugs? It mal standards are not met, and we are tification process, we are causing them seems to me in the case of terrorism we perfectly within our right to decide not to make an annual judgment of wheth- say terrorism is wrong, we pass laws to continue our support. That support, er or not our process of interdiction in against it, we fully expect to enforce after all, is not an entitlement, and it other parts of the world on drugs is ac- them in every way we can in an effort is not beyond the pale that we ask for tually working and effective. I think to end terrorism. We may not actually an accounting. that is a very important purpose of our end terrorism, but it is a standard. So Certification has been around for process, to make our own elected and the certification process is not about about 10 years. As with other cases, the appointed government public officials the ultimate end to drug production or longer the requirement has been on the take care to look at the process, look trafficking. Our law will not end that books and the more Congress has in- at whether the policies are working, to any more than any of these other laws sisted that it be taken seriously, the assess those policies, maybe to suggest that I have mentioned will end the more used and useful the process has changes in those policies—maybe even problems that they address. The intent become. The process has gathered mo- in basic law—but, also, to make a judg- is to establish needed standards, to set mentum. Last year, in fact, I asked the ment of whether or not they are effec- the terms of reference for what doing Congressional Research Service to re- tively carrying out the laws the way something meaningful looks like, and view the merits of the certification intended. process. That review, which is still I find the assumptions upon which to take appropriate action when this the Dodd-McCain amendment is based does not happen. available, makes clear how the certifi- to be wrong. I believe what it rep- Some, however, seem to want to hold cation process has matured and proved resents is a moving away from a seri- drug certification to an impossible effective. In that review, a former sen- ous standard of dealing with the drug standard of judgment. The argument ior State Department official and am- problem. I believe it gives other coun- made is that certification does not bassador makes the point that the cer- tries a bye on taking drugs seriously. I work. In fact, certification is doing ex- tification process works. Other coun- believe it lets the U.S. administration actly what Congress intended. It forces tries take it seriously. He rec- off the hook. So I urge my colleagues the U.S. administration at least once a ommended keeping it. to join me in voting against this year to take international drug policy Not only has the standard been ap- amendment. If anything, we should be seriously. It also requires them to ac- plied with more rigor, it has also en- discussing measures to strengthen the count for their actions to the Congress. couraged greater cooperation from cer- process. It is a process that has served I can appreciate that the administra- tified countries. All in all, more coun- us well. tion may not like having to make all tries now take as a given that drug We have had a letter by the present these very tough decisions. But we control must be an important element drug czar quoted on the floor of the must hold this President and future in their thinking. This was not always Senate as supporting this amendment. Presidents, as we have held past Presi- the case. It is why Congress required I would like to suggest to you that I dents, accountable for this process. certification in the first place. The have had an opportunity to visit with Certification also forces other coun- need has not changed. If anything, the another drug czar—former drug czar tries to do the same thing. Now, what need is greater today. now—Bill Bennett. He was a very good about those other countries? These are I want to make one final point. Some drug czar. He was a drug czar when countries that are major drug produc- have argued that we must not continue policies were working. He speaks very ers or transiting countries for illegal the certification process in regard to strongly in support of the present cer- drugs. A goodly percentage of those Mexico because it might damage the tification process and, consequently, drugs are then smuggled into our coun- evolution of democracy there. While I would urge our vote against the sug- try. These activities are illegal under agree that we must support democracy gestions of Senator DODD and Senator international law and even under the in Mexico, we must not end up support- MCCAIN. laws of the countries from which the ing a narcodemocracy there. A recent It is argued by the proponents that drugs come. New York Times piece by Tim Golden the certification process does not work. In any case, these same countries makes it clear just what the problems No evidence is offered for this view. It have bilateral agreements with the we and the Mexicans face from their is simply asserted. But what does United States committing them to drug traffickers because of their influ- ‘‘working’’ look like? I would like to take steps to stop drug trafficking and ence within the country of Mexico. ask a question in a different context to production. In addition, many of these Their strength and influence is all the make this very point. Just recently we countries receive U.S. assistance, that more reason why we must not back passed legislation putting more teeth is money and support, to combat ille- away from certification. into the sanctions for countries that gal drug trafficking. Although it can be a painful process, support international terrorism. Do we What does certification do then? It it forces both countries and their gov- believe that passing such laws will end asks that these countries take serious ernments to examine their situations. international terrorism forever? Or do steps to meet their obligations under Sometimes the role of a friend is to de- we believe that we need to have meas- international law, under local law, and liver bad news. Nor do we become the ures in place to ensure appropriate under these bilateral agreements. It friend of democracy in Mexico by shy- means are available to us, means that asks the administration to report to ing away from our duty to the Amer- will help us uphold U.S. interests and Congress on whether countries are ican people. As long as Mexico remains international standards of conduct? I doing this. It sets measures for deter- a major producing and transiting coun- do not think anyone here believes that mining what cooperation looks like. If, try, as long as Mexican authorities our laws will necessarily end terrorism in the judgment of the administration, cannot or will not take adequate steps as we know it. That is not the intent. the country does not meet these stand- to control corruption, we cannot afford The intent is to set a standard that ter- ards, then it proposes limited sanc- to ignore what happens in Mexico. rorism is wrong and that we are going tions. It also provides a means for Con- With these thoughts in mind, I ask to fight terrorism wherever we can. gress to exercise its foreign policy- you to vote against the Dodd-McCain S7570 CONGRESSIONAL RECORD — SENATE July 16, 1997 amendment. But in addition, we were of their intent, but where I am equally agreement again on the very thing we told again, referring to a letter from as convinced that the effect of what agreed on, presumably, a number of General McCaffrey, the President’s they are doing, the effect of this years ago. What are the things we drug czar, about his support for this amendment will be to take a serious agreed on in this convention that we amendment. step backward in whatever level of war have already signed? I refer, in closing, to the March 1997 on drugs you want to determine exists. Let me give you one example. Here is report from the U.S. Department of I do not believe that that is anything one called extradition. Each of the of- State, Bureau of International Narcot- but an inescapable conclusion based on fenses to which this article applies ics and Law Enforcement Affairs, the a number of different realities: based shall be deemed to be included as an International Narcotics Control Strat- on what countries are doing today be- extraditable offense in any extradition egy Report. This is an annual report, cause of the certification process, treaty existing between the parties. and on page 6, it speaks about the cer- based on the choices available to the We have an extradition treaty with tification process. The last paragraph President within the certification proc- Mexico. It is an agreement as part of says: ‘‘The process works.’’ This is a ess and, most important, based on what the 1990 accord. We already ratified it. document that has been approved by they are proposing, as opposed to the We signed it. They signed it. But they every Government agency that has road that we have already traveled. don’t do it. So what is the response? something to do with the war on drugs. What do I mean by that? Mr. Presi- The response is to come to the floor It says, after ‘‘The process works’’: dent, the Senator from Arizona and the and say, ‘‘Oh, gosh, these countries get The certification process has proved to be Senator from Connecticut are propos- really upset because we try to hold a remarkably effective diplomatic instru- ing that we just chuck the certification them to the standard they said they ment for keeping all governments aware of process for a 2-year period, a suspen- would live by, so we better pull back the need to pull their weight in the inter- sion they call it, while we gather a because they don’t like the fact that national antidrug effort. task force and ultimately, hopefully, a we want to hold them to their word, I ask unanimous consent that the summit. Who will attend the summit is and we’re going to go talk about what rest of the paragraph be printed in the totally up for grabs. Who will appoint a we might do in order to, once again, RECORD. task force is totally up for grabs. But I get them to do what they already said There being no objection, the mate- ask every Senator here who has trav- they would do.’’ rial was ordered to be printed in the eled the journey of drug fighting over It is the most incredible thing I have RECORD, as follows: the last years to ask themselves if ever heard. Of course, they don’t like By now, most governments are aware that what they need is another task force the certification process, because it US law requires the President to provide an when, in fact, everything that we are works. This is not a stale annual event. annual assessment of counternarcotics per- asking other nations to do is part of an formance. And most know that the outcome It is anything but stale. It is working, international convention today. and it is working, Mr. President, be- of that assessment depends heavily on their The certification process is not some efforts throughout the year. The drug certifi- cause we have taken it seriously. cation process holds them publicly respon- American-dreamed up notion of taking Senator GRASSLEY just quoted the sible for their actions before their inter- an American standard and asking Mex- International Narcotics Control Strat- national peers. Though many governments ico or some other country to live up to egy Report of the United States of understandably resent the process, most gov- the American standard. We are asking America, this year, this March, 1997. ernments try to ensure that they receive full countries to live up to the standard This is what our State Department certification the following year. They know that they have signed, that they have that the President of the United States said only a few months ago: agreed to live up to already, that they The certification process has proved to be would not make such a serious determina- already got together on at a global tion without sound, objective evidence. The a remarkably effective diplomatic instru- purpose of the law is not to punish; it is to summit under the United Nations and ment for keeping all governments aware of hold every country to a minimum acceptable agreed would be the standard of their the need to pull their weight in the inter- standard of cooperation, either by meeting behavior. That is what this is all national antidrug effort. By now, most gov- the goals and objectives of the 1988 UN Drug about. ernments are aware that U.S. law requires Convention or by their own efforts. We be- If the Senate wants to come here the President to provide an annual assess- lieve that openness is one of the best safe- today and vote to say that they can ment. . . guards against corruption. Most govern- better the Vienna Convention, the And so on. ments also recognize that we are not asking United Nations Convention Against Il- ‘‘Proved to be remarkably effective.’’ any country to do the impossible. By regular This is Mexico driven, because we had and sustained collaboration throughout the licit Traffic in Narcotics Drugs and year we work with most of the governments Psychotropic Substances, then I would a difficult time, frankly, because many concerned to establish realistic goals for cer- like to know how. of us thought that the administration tification purposes. We know that some gov- The countries that have already made the wrong decision. They could ernments face greater obstacles than others signed the international agreement are have certified Mexico with a waiver, and we take that into account. the very countries about whom today and that would have permitted Mexico Mr. GRASSLEY. Mr. President, in we are making a judgment about to continue to get its aid because, as a conclusion, when we are being read let- whether or not they are cooperating: matter of national security interests, ters and saying how the administration Afghanistan, Antigua and Barbuda, Ba- most of us thought it should, but we supports this, remember that every hamas, Bolivia, Colombia, Ecuador, also knew there were problems in co- agency within the Federal Government Haiti, Panama, Paraguay, Nigeria, operation. that had to review this process in Mexico, the Russian Federation, Syria Mr. President, if my colleagues be- March of this year said the process —they are all signatories. They already lieve that the next step in the drug war works. I yield the floor. came together. They already signed an is to come to the floor and take 2 years Mr. KERRY addressed the Chair. agreement. They said they would be- to go through some kind of task force The PRESIDING OFFICER. The Sen- have by a different standard, and all we effort to dream up some better way of ator from Massachusetts. are doing in the certification process is holding these countries accountable, I Mr. KERRY. Mr. President, I ask my saying we are going to make a judg- would be amazed if there is any re- colleagues to step back carefully and ment about whether or not the tax- sponse from those other countries ex- to analyze, as closely as possible, the payer dollars of U.S. citizens ought to cept continued delay, obfuscation. If realities that surround this question of go to a country that signed an inter- they want our money and they are certification. Two of the more capable national agreement, said it would do X, willing to do something to get our and knowledgeable Senators with re- Y, and Z, but isn’t doing it. money, but we take away that whole spect to international affairs—and I re- What are we being offered instead? requirement, what is going to leverage spect both of them enormously—are Instead, we are being offered the notion that cooperation? More talk? More bringing this amendment to the floor. that we are going to chuck the process good wishes? More signatures on a On most issues, we agree. This is one of certification so we can take a couple piece of paper that they have already where I am convinced of the bona fides of years to meet again and come to signed? July 16, 1997 CONGRESSIONAL RECORD — SENATE S7571 Let me share with my colleagues process in place that created account- I will tell you, I sensed no great over- some of the things that they have al- ability for the first time. powering conviction that this is the ready said they would agree to do. Another example. Jamaica. The Ja- right step to take, notwithstanding the They would agree to promote co- maican Government was particularly letter that he has written. operation among the parties so they slow to pass money-laundering legisla- In addition to that, I believe that may address more effectively the var- tion or to even ratify the very treaty this process is being foisted on the Sen- ious aspects of illicit traffic in narcotic that I just talked about. But as a result ate in a way that does not adequately drugs. of the demarches that we issued, and permit for alternative possibilities. I They will carry out their obligations using the leverage that existed in the am not suggesting the certification under this convention in a manner con- certification process, Jamaica specifi- process is the only way to proceed. I sistent with the principles of sovereign cally reversed that situation in 1995 am not suggesting that it is the best equality and territorial integrity. and 1996. thing in the world. I am not suggesting Each party shall adopt measures as Jamaica is now a party to the con- that it cannot be refined. may be necessary to establish as crimi- vention and has a new money-launder- What I am saying, Mr. President, is nal offenses the production, manufac- ing law. In 1995, the President gave that rather than just suspend it alto- ture, and so forth. Peru a national defense certification gether with some high hope that you There are still nations struggling to because their record was mixed. They are going to come back and somehow do that. had successful interdiction but they do what we have already done, we Each party is supposed to make the had no reduction in the coca crops. ought to at least leave it in place until commission of the offense established Since that time, the Government of we offer some concrete alternative or in this treaty subject to imprisonment Peru has implemented a strong coca re- put together a task force that works or other deprivation of liberty. duction, an alternative development while it is in place so we can continue They are supposed to ensure that program which has resulted in an 18 this process, and then if there is a le- their courts will have jurisdiction. percent reduction in the total of Peru- gitimate substitute, open our minds to They are supposed to ensure that they vian coca cultivation. So that worked substituting it. But what we are being trade evidence. They are supposed to as a result of the decertification proc- offered is a suspension with a hope that extradite. They are supposed to provide ess. some future photo opportunity or some mutual assistance and the transfer of What about Colombia which we heard future meeting will produce what evidence and people. They are supposed talk about? Colombia was decertified meetings heretofore have not been able to enter mutual legal assistance trea- in 1996 and 1997. It received a national to produce. ties. interest certification waiver in 1995. I say to my colleagues, that even in There are a whole bunch of things There is no question that the Colom- Mexico—even in Mexico—the possibil- here that we already agreed we are bians were very unhappy with the ity that we might have decertified going to do. And under the certifi- original decertification. Who would not them actually produced last-minute cation process, all we do is make a be? But the fact of the matter is, that steps in an effort to try to say, gee, we judgment as to whether or not they are when they were faced with the rami- really are cooperating. And so they dis- doing it and as to whether or not we fications of that decertification, the missed some 1,250 Federal law enforce- are going to give them continued Colombian Government’s law enforce- ment officers, they removed the drug American aid if they are not. ment efforts have improved ever since czar for narcocorruption in February, Mr. President, let me just share with then. you, our colleagues have come to the Key Cali syndicate leaders have been they passed the organized crime bill floor and they have said, ‘‘Gee-whiz, arrested, and there is the aerial eradi- and the criminalization of money laun- people are complaining. And this cation of coca and opium and poppy dering and chemical diversions, and doesn’t work.’’ But they have not which has improved. In addition to they reorganized Mexico’s whole anti- shown you how it does not work. There that, the longstanding constitutional drug structure. How can you say it is is no showing that this does not work. prohibition against the extradition of not even working in Mexico when the The fact that drugs still enter the Colombian nationals has now been re- fact is, that those steps were taken United States is more a reflection of opened in the form of legislation pre- precisely because the decertification our unwillingness to commit adequate sented by the Colombian Government process is in place? resources to drug treatment, to drug to the Colombian Congress. Let me em- I am not going to go through all of testing, to education, to alternatives phasize that. Colombia took away one them now, but while my colleagues for children, to police in the streets of the principal ingredients of the come here and talk about the discom- and all the things that would make international convention. The inter- fort that is created or talk about how more of a difference than it is to the national convention required people to uncomfortable it is for our relationship certification process. But the fact is, be able to extradite. Colombia wrote with these countries, you can look at that on the international front the cer- that in at the insistence, Mr. Presi- every single other country, and you tification process has worked. dent, of the cartel. How do we know will see progress that is being made as Let me be very specific about it. that? We know that because subse- a consequence of the existence of this In the Bahamas, effective quent raids uncovered documents that bill. You can see it in Panama. You can counternarcotics cooperation specifi- showed the cartel’s own drafting of the see it in Bolivia. You can see it in cally intensified with the implementa- constitutional amendment to do away Paraguay. And you can see it else- tion of the certification process in 1987. with extradition. where, Mr. President. The Bahamian Government’s willing- So as a result of our decertification, So the point is, the certification ness to accept more of our assets, U.S. we have been able now to move toward process is not a substitute for a com- Government assets, and to provide ad- the process of changing the one thing prehensive strategy to deal with drugs, ditional resources of its own in the that the cartel members fear the most, but it is an effective tool which the fight increased the moment they knew the possibility of being extradited to State Department only a few months they were subject to certification. serve time in an American prison, not ago was lauding as an effective tool. In December of 1986, the Bahamas in one of their prisons of comfort and And it seems to me that the hue and passed a new, tougher drug law. And of personal convenience that they ne- cry you hear from these countries, more recently, in 1995 and 1996, the Ba- gotiate in Columbia. That is why they ‘‘Gee, we don’t like you holding us ac- hamas passed money-laundering laws took it away. And now we are on the countable,’’ is in fact its best argument and implemented regulations based on road to getting it back. Why? Because for the reality that this works. Is it a U.S. Government certification related we had the certification process in rough tool? Yes, I will admit, sure it is. to demarches. The fact is, we had is- place. That is why. It has its element of hardness in that sued demarche after demarche to those I talked to General McCaffrey today. sense. But Mr. President we have trav- countries, and they have responded to And I understand how administrations eled this road for a long time—a long those because they knew there was a work and the marching orders are, but time. S7572 CONGRESSIONAL RECORD — SENATE July 16, 1997

We have written a number of drug money. In fact, the Mexicans pride Mr. MCCONNELL. Mr. President, we bills in our country. We have put addi- themselves on not taking foreign aid will be able to get a consent agreement tional cops on the streets. We are try- from the United States of America. So to have a series of votes here shortly. I ing to augment our own drug strategy I think it ought to be viewed in that know Senator COVERDELL is here and at home. But the fact is, that the do- context. wants to speak to the Dodd-McCain mestic side is only one piece of any But finally, Mr. President, when we amendment. We will offer a unanimous strategy to deal with drugs. You need vote on this I think the fundamental consent request for some votes on or effective law enforcement at home, you questions are as follows: Has the around 6 o’clock shortly. need effective education at home, and present policy succeeded in helping us Mr. KERRY. I know the Senator from you need effective treatment at home. win the war on drugs? Has the present Georgia wants to speak. I will take 2 And we have been negligent with re- process of certification or decertifica- quick minutes, if I may. spect to a number of those. But that tion raised the price of drugs in Phoe- I answer the question the Senator does not mean that you can turn nix, AZ, and Detroit, MI, and New Lon- from Arizona asked, which was the around and throw away the other side don, CT, and Boston, MA? Has the question about the effectiveness and of the coin, which is the interdiction present policy been instrumental in price. The test of whether or not cer- and international cooperation which is getting the kind of cooperation and as- tification is effective is not just a re- also an important tool. And I respect- sistance that we need from the Mexi- flection of what happens to the price of fully suggest to my colleagues that the can Government and their officials? drugs or their availability. Everybody certification process deserves better Has the present policy of certification, knows that interdiction is ultimately than simply to be put into hanging sus- decertification, had any beneficial im- an impossible task. Drugs will come in. pension, with some promise of more pact on stopping the drug trafficking The question is, are you raising the talk that will only result in ratifica- which goes across our border in large cost of business sufficiently that the tion ultimately of the very inter- quantities as we speak? risks are great enough for those who national agreement that it is based on. Those are the questions that have to engage in it that you have a legitimate I emphasize to my colleagues, this is be asked. And if you believe that the effort to reduce it from scourge to nui- not some ‘‘Yankee from the North’’ present policy and certification has sance? The truth is, Mr. President, standard. That is how they effectively worked, and has proved a benefit and there are a whole set of other questions play those politics. They very effec- has been helpful or has been an ingredi- you have to ask to really test that ef- tively do that. And then they complain ent in raising the price of drugs, win- fectiveness. to our diplomats when they go to Mex- ning the war on drugs, closing our bor- For instance, do they extradite peo- ico, and they say, ‘‘Oh, boy, you guys der to the flow of drugs, increasing co- ple? Do they have a law of extradition? are stirring up the politics of our coun- operation assistance on the part of the Do they have asset seizure and forfeit- try because you’re sort of imposing Mexicans, then I say vote against this ure laws? Have they implemented the this standard on us.’’ pending amendment. laws of asset seizure and forfeiture? Mr. President, it is not our standard. But I say that the President’s na- What kind of sentencing structure do It is their standard. They signed the tional security adviser, the drug czar, they have? Do people actually serve international treaty. And all we are and many other experts throughout the time? Do they trade evidence with you? doing is making a judgment of whether country have said, look, let us try Do they create a mutual legal assist- our tax dollars ought to be given to something different. Let us come up ance treaty? There are a whole series those countries that signed the agree- with some new ways which can address of judgments here where, I suggest re- ment and then do nothing to live up to this terrible scourge that is destroying spectfully to my colleagues, the vast the standard. This is not our standard. the youth of America. Let us try a new majority of the evidence is on the side It is the world’s standard. They have way. of those who say this certification signed on to it. They ought to live up That is all this says. Let us try to be process is working because it has pro- to it. And we should not walk away more effective. Let us try a way of sus- duced results in every one of those from the one effective tool we have put pending, simply suspending for 2 years, other areas of measurement. in place that helps us hold on to that not abolishing, but suspending for 2 Now, the other point I make—I know standard. years the certification process in hopes that you have editorials. Sure you have I yield the floor. that all of us together, the executive editorials. I have read some of them. Mr. MCCAIN addressed the Chair. and legislative branch, working with One comes from my own newspaper in The PRESIDING OFFICER. The Sen- the American people, can come up with Massachusetts. Most people that I have ator from Arizona. a way of winning a war that it is sad to talked to about this process make the Mr. MCCAIN. I will be brief. I know say, Mr. President, we are losing. judgment that the reason they viscer- that the managers of the bill and ev- If those who oppose this amendment ally feel it is not a fair thing to do is eryone else wants to get votes and final think that what we are doing now they think we are implementing a passage on this issue. I think the issue works, fine. They are entitled to that standard that is just American, that we has been pretty well ventilated. opinion. But I do not believe that those are sort of judging them and then, in a I will just make a couple comments. we place in positions of responsibility high-handed fashion, coming in and One is that a comment was made ear- in the executive branch of Government saying, ‘‘Hey, you are not good enough lier about General McCaffrey. I think share that view, nor do most experts. for America.’’ The point that I think it is important to point out that no The Senator from Connecticut read off needs to be reemphasized over and over matter where we are on this issue the editorial comment from literally that many are not aware of is, it is not —which side—that General McCaffrey every major newspaper in America in an American standard, it is the inter- deserves our respect and our admira- favor of this amendment. And I do not nationally arrived at standard which tion and appreciation. There was some blindly follow the advice and rec- they have agreed to live up to them- allegation about his judgment of the ommendations of all of the experts, nor selves. So we are really finding only Mexican general, and I think we all the leaders of our administration and one tool existed in the process. make mistakes from time to time. But those we entrust to conduct of our na- The last point I make is that this the fact is that General McCaffrey has, tional security policy and our drug pol- does not have to be as difficult as it in the view of all objective observers, icy. But I say, we ignore that advice was made this year with respect to done an outstanding job. and recommendation at some risk. Mexico. Most people, I think, came to The Senator from Massachusetts just So, Mr. President, I hope we can the conclusion ultimately that, while made a reference to our tax dollars. quickly dispense of further debate and they wanted to avoid a politically The Senator from Massachusetts vote on this. sticky situation, Mexico was not, in knows full well that no foreign aid goes I thank the chairman and floor man- fact, capable of cooperating fully, and to Mexico. The only money that goes ager for his indulgence as we have dis- there were plenty of ways to praise the to Mexico is strictly for the purposes of cussed this very important issue. I democratic process, plenty of ways to drug interdiction. That is the only yield the floor. praise President Zedillo, plenty of ways July 16, 1997 CONGRESSIONAL RECORD — SENATE S7573 to bolster those who wanted to make it In other words, through the discus- It would put the Director of the Na- happen and provide a waiver that al- sions about the process, the adminis- tional Drug Policy in charge of the lowed them to be certified, but on the tration has told the Congress it is task force. basis of national interest. going to come with a full report and The amendment calls for the Presi- Had that happened, there would have present it to the Congress in just a dent to persuade other heads of state been no great fight in the U.S. Senate, month and a half. It strikes me that we from drug producing countries and and had that happened, we would not ought to see the report, hold the hear- major drug transporting countries to be here today putting to the test the ing, and then see what it points us to- establish similar task forces. one tool that has worked in helping us ward—not just suddenly come forward Not later than 1 year after the date to hold the Vienna Treaty accountable. and end the process before we have had of enactment, the amendment calls for Mr. COVERDELL. Mr. President, I the report. I have to say, Mr. Presi- the President to convene an inter- will not be supporting the Dodd- dent, if it were not for the process, I national summit. McCain amendment, but I wanted to doubt we would have ever gotten this We need a better tool than the cer- make several observations about the letter. tification process. situation we are facing this evening. The last point I make is, I just came The new strategy has to focus on First, I want to commend Senator from a hearing, a portion of which Sen- bringing the known traffickers to jus- DODD of Connecticut for his extended ator DODD was able to attend, but he tice. interest in this subject, for his coopera- had to return to the floor. The discus- Last year, I offered an amendment to tion and longstanding work on the sions by the various witnesses were ex- withhold foreign aid to Mexico until matter. I am an admirer of his work. I ceedingly alarming. They described, on Mexico either brought to trial them- believe, however, that this is not the our border, armed conflict. They de- selves or extradited the ten most want- way to close the circle on the long, ex- scribed drug cartels operating in mili- ed drug lords living in Mexico. tended debate on certification and that tary fashion—not a bunch of hooli- Two of the top ten are no longer process. gans—with the most sophisticated heading up the big drug cartels. As chairman of the Western Hemi- equipment, semiautomatic weapons, Juan Garcia Abrego was convicted in sphere Subcommittee, I promised to night goggles and sophisticated com- Houston and sentenced to 11 life sen- hold hearings on the issue. As Senator munication systems that allowed them tences. DODD knows, I have long said there are to ambush our own agents. The testi- Amador Carillo Fuentes, considered real questions about this process that mony alluded to a growing number of the wealthiest and most powerful drug need airing. I have to say I am some- occurrences, already 70 this year, of baron died earlier this month. He was what disappointed by General McCaf- similar incidences—armed assault on known as the ‘‘lord of the skies’’ be- frey and NSC Adviser Berger coming U.S. Border Patrol, targeted agents, as- cause he owned a fleet of 727’s which al- forward in this manner without a thor- sassination threats. lowed him to transport drugs from Co- ough discussion. I worked extensively, Senator MCCAIN is correct, the status lombia to Mexico. along with Senators DODD, KERRY, quo is not working. I believe the cor- His headquarters were in Juarez, a MCCAIN, HUTCHISON, and others, when rect response is to hear from the ad- little more than an hour away from this became so contentious before, and ministration as they promised, to hold New Mexico. I think we ought to have had more no- our public hearings, to air the various He died earlier this month, but this tice with regard to their views on this ideas and concepts, and then come for- will not be the end of this cartel’s in- than we have had. ward in an organized, methodical man- fluence and drug dealing. I want to point out that the certifi- ner and hear where we go in the future. We have to do something more effec- cation process has had successes, as Senator DODD and I agree completely tive in this area. Senator KERRY has pointed out, and it that the status quo is unacceptable. We The new policy has to be primarily a has created issues and problems, as are just not quite on the same time law enforcement function. Senator DODD has pointed out. There line as to where we go from here. Enhanced extradition has to be an have been benefits and there have been I yield the floor. important part of the new policy. problems. The idea of shutting the Mr. DOMENICI. Mr. President, I am Comprehensive money laundering process down without a fix on where we pleased to cosponsor Senator DODD’S laws must be passed in all countries are going to go bothers me. Senator amendment. The drug certification and officials must be trained to iden- DODD and I have talked about an alli- process is fatally flawed. tify money laundering schemes and to ance. Well, maybe that would be an ap- Mexico was fully certified even enforce the laws. propriate new place to go. But to just though 7 percent of the cocaine and 50 Young people need to be educated stop what we are doing without know- percent of the marijuana sold in the about the dangers of drugs. ing where that new place is and in this United States comes in through Mex- We can’t solve this drug problem manner, I don’t think is appropriate. ico. alone. We need international coopera- Mr. President, the certification proc- Colombia wasn’t certified, neither tion. ess is not only about other govern- were other rogue states even though This amendment provides a frame- ments. It has been a tool for the Con- their contribution to the drug supply is work for a better, more aggressive pol- gress to be at the table on these issues not prominent. Under this process, our icy. with our own executive branch. In fact, diplomatic friends get certified as Mr. BAUCUS. Mr. President, I rise in in the long debate over certification of ‘‘fully cooperating,’’ and rogue nations support of the Dodd-McCain amend- Mexico, it did result in this letter from do not regardless of whether a country ment. the President to myself and Senator is a major contributor to the supply of For the past 11 years, we have experi- FEINSTEIN, and it makes an extensive drugs in the United States or not. mented with the policy of ‘‘certifying’’ outline. I view the determination of which foreign countries as cooperating or It says: countries are cooperating as a law en- failing to cooperate with our efforts I want to keep the Congress informed of forcement function, yet the State De- against the international narcotics the progress we are making toward achieving partment has prominent role in advis- trafficking. That is a fair test for any the objectives set forth in my 1997 national ing the President. policy. And it appears to me that the drug control strategy and the U.S.-Mexico This sense of the Senate amendment certification policy simply isn’t work- alliance against drugs. Director McCaffrey calls for the suspension of the drug cer- ing. will provide further details on these issues to tification procedures for two years. It Many countries we have decertified— Members of both Houses in the near future. calls for high-level task force to de- Burma, for example, or Afghanistan— My administration will also provide the Con- velop a comprehensive program for ad- now produce significantly more narcot- gress, by September 1, [that is this Septem- ber] 1997, a report covering each of the issues dressing domestic and international ics than they did before. Cocaine, her- contained in the Senate Resolution passed in drug trafficking and fashioning a mul- oin, and marijuana are at least as easy March as elaborated in your recent letter tilateral framework for improving to find on our streets today as they and discussions with my administration. international cooperation. were in 1986. It is clear that, at best, S7574 CONGRESSIONAL RECORD — SENATE July 16, 1997 our decertification of these countries know Mexico is not doing enough; they ure out what we are going to do perma- did nothing to stop them and their know it. I have met with President nently. I think it is a reasonable pro- mafia organizations from producing Zedillo on this issue. I am convinced posal. I hope my colleagues agree. narcotics. that he is trying to do everything he Mr. MCCONNELL. Madam President, So certification has been an ineffec- can. He is attacking this issue. Berat- I have a unanimous consent request—— tive policy. And the Dodd-McCain ing his country is not going to help the Mr. DODD. Will my colleague yield amendment takes a sensible ap- situation. for 2 minutes before he makes that re- proach—it does not abolish certifi- So I urge my colleagues to vote for quest? cation, but suspends it while we try to the Dodd-McCain amendment. Let us Mr. MCCONNELL. Madam President, work out a more effective approach. If try something new. Let us look for I yield the floor. there is nothing better out there, cer- positive results in a partnership, not Mr. DODD. I thank the Senator. tification will go back into effect. an adversarial relationship that cannot Madam President, I have been listen- Finally, in my view, annual debates help us. It will not solve our problem ing for the last hour and a half, rough- over whether to certify various foreign and it could make worse problems on ly, to all the argument against this countries has distracted us from the our border than we could ever foresee. amendment, except for my 2 colleagues more fundamental problems we face Let’s do something different; let’s give from Texas, to whom I am grateful for here at home. That is, enforcing the it a chance. Thank you. making their case. I want to make the laws. Putting drug dealers in jail. Re- I yield the floor. case on behalf of Senator MCCAIN and habilitating drug users when possible. Mr. GRAMM addressed the Chair. myself, and Senators DOMENICI, COCH- And stopping kids from trying drugs in The PRESIDING OFFICER. The Sen- RAN, DASCHLE, KERREY, WARNER, the first place. If we can do those ator from Texas, [Mr. GRAMM], is rec- INOUYE, HUTCHISON, and others who things, the actions of foreign countries ognized. have supported this amendment, the will still be important, but they will be Mr. GRAMM. Madam President, since cosponsors of the amendment. We have secondary issues. 1986, we have had a policy called ‘‘cer- had 11 years. We didn’t come up with So I think Senator DODD and Senator tification,’’ whereby we stand in judg- this overnight. We have had 11 years. MCCAIN have a good idea. We should ment of our neighbors as to whether We have now 12.8 million people using take a second look at a policy that they are in fact making the best effort illegal drugs in this country; 1.5 mil- doesn’t work very well. We should try they can make in helping us keep drugs lion cocaine addicts; 600,000 heroin ad- and find a better one if we can. And we out of our country and helping them- dicts. What do we want to do, wait an- should get back to basics and solve our selves prevent drugs from corrupting other year, another 2 years? Do you problems here at home. their country. Mr. President, I have a full state- In the case of Mexico, we have de- want that number to be 13 million drug ment on the underlying bill and the clared through a Presidential certifi- addicts in the country? How about a importance of keeping up on our com- cation, since 1986, for 11 years, that million heroin addicts? When do we mitment to Israel and the Middle East. Mexico is making a full-faith effort, stop? I ask unanimous consent that it be and every year for 11 years we have The present system isn’t working. We printed in the RECORD at this time. suspected that it was not so. For the have decertified about 7 countries over Mrs. HUTCHISON addressed the first 10 years of this process, I kept the last several years. If anything, we Chair. hoping things would get better, hoping have had less cooperation—Afghani- The PRESIDING OFFICER (Ms. COL- for the best, voting to certify some- stan, Burma, Iran, Syria, Colombia— LINS). The Senator from Texas. thing that we suspected was not true and what do we get back from it? If Mrs. HUTCHISON. Madam President, but hoped that it would become true. this is working so well, are these coun- I rise to speak on the Dodd-McCain This year, I decided that maybe we tries cooperating today? No, we are not amendment that will put this charade should try something different and getting cooperation. All we are getting of certification aside and try some- deny certification. The President de- is a deluge of drugs pouring into the thing new in the war on drugs. I think, cided to move ahead with certification. country. Madam President, all of us want the The point I want to make is very So I don’t disagree that maybe the same result; we want to stop the illegal simple: It can never be good public pol- certification may be the only answer. drugs from coming into our country. icy to put ourselves in a position But how about for 24 months we try Today, 13 million Americans use illegal where, in order to continue to work something else, after 11 years, and if drugs; 1.5 million use cocaine, 600,000 with our neighbors to try to keep drugs we get nothing but an increase in sup- use heroin, and 10 million use mari- from coming into our country, we have ply, lower costs, and the problem be- juana. to certify something that is not true. I comes worse and worse and worse, why Madam President, it is coming in think that, after 11 years, it has be- don’t we try something else? That is through Mexico. Twenty percent of the come clear that this process is not all Senator MCCAIN and I are suggest- heroin, 70 percent of the marijuana in working. It puts us continually in a po- ing—for 24 months, suspend the certifi- this country, and 50 to 70 percent of the sition of choosing whether to certify cation process. Listen to General cocaine comes in through Mexico. This things that are not true. It seems to McCaffrey; he supports what we are is under the process we have now—cer- me that as a matter of national policy, trying to do here. He doesn’t have a sil- tification—which is insulting, which just as well as a matter of personal pol- ver bullet either. But maybe, just does not have any positive con- icy, that can never be a good thing to maybe, we might come up with a better sequences and, I submit, really only do. idea and do so in a sense of cooperation has negative consequences. I don’t know whether certification with nations we are going to have to Madam President, how is the best was ever a good policy or not. But I have cooperation from if we are going way for us to attack the issue of illegal think that after 11 years, we know it to succeed. drugs coming in from Mexico? Is it to does not work. And I think setting the So, Madam President, with all due insult our neighbor? Is it to berate process aside for 2 years, giving us an respect, when I hear that this is com- them? What does that give us? It gives opportunity to try to figure out what ing sort of unannounced—and I listened us a hostile neighbor. Is that going to we are going to do in terms of a perma- today, as I was at those hearings as help? I hear people on this floor talking nent policy, is the right thing to do. well, to those witnesses and I heard about Mexico as if it is 2,000 miles from I agree with my colleague from them as well. The situation is worse our border. Madam President, Mexico Texas. If you want your neighbors to today than 6 months ago, a year ago, or is our border. We share family ties, we work with you, the worst thing you can two years ago, and it is getting worse. share a trade relationship, we share do is slap them in the face. So how about trying something else, problems for both of our countries in We are under a procedure now that which is something we don’t do ter- illegal drug transit. It is bad for Mex- does not work. I think it is time to ribly frequently around here; we stick ico, it is bad for the United States. And change it. The proposal before us is with provisions and say you can’t I submit that we share friendship. We simply to set it aside for 2 years to fig- change them. July 16, 1997 CONGRESSIONAL RECORD — SENATE S7575 We represent 5 percent of the world’s ment a new multilateral strategy to stem the Mekong. In a shocking series of population and we consume over 50 per- the flow of illegal narcotics. We believe the stories, the Review described a nation’s cent of the illegal drugs in the world. passage of this amendment will lead to a slide into corruption and the close col- Before we start lecturing everybody more effective multilateral effort in the war laboration between senior Cambodian against drugs. else, we ought to look in our own back- I, therefore, urge the Senate to pass your officials and drug smugglers. Making yard and decide what we can do here at and Senator McCain’s amendment. matters worse, a senior officer said, home as well. Sincerely, ‘‘Cambodia is now like Noriega in Pan- For those reasons, I urge our col- SAMUEL R. BERGER, ama. Nobody dares to speak out be- leagues to give us a chance, with this Assistant to the President for cause they will be killed.’’ modest proposal, to try something dif- National Security Affairs. Journalists who have called atten- ferent. As General McCaffrey said in UNANIMOUS-CONSENT AGREEMENT tion to the corruption and smuggling his letter, and Sandy Berger at the Na- Mr. MCCONNELL. Madam President, have been fined, jailed, and assas- tional Security Council, this deserves let me say, before propounding this sinated. Days after running a story de- an opportunity to be tried. I urge my unanimous-consent request, we can see tailing the criminal kingdom built up colleagues to do that. the light at the end of the tunnel. This by a close associate of Hun Sen, the I ask unanimous consent that a let- unanimous-consent request has been newspaper’s editor was gunned down ter from Barry McCaffrey to Senator cleared on both sides. We will have midday in downtown Phnom Penh. MCCAIN and a letter from Samuel three votes beginning in about 10 min- However, this is not a situation Berger to me be printed in the RECORD. utes from now and that leaves very lit- which has just unraveled over the past There being no objection, the letters tle left to do before final passage. So month. This is a story which has un- were ordered to be printed in the we are almost through. folded over the past 2 years and unfor- RECORD, as follows: Madam President, I ask unanimous tunately, U.S. Government officials EXECUTIVE OFFICE OF THE PRESI- consent that I now be recognized for up and policy appear to have aided and DENT, OFFICE OF NATIONAL DRUG to 8 minutes for an explanation of the abetted this sorry turn of events. CONTROL POLICY, amendment on Cambodia, which is at As the committee report notes, the Washington, DC, July 16, 1997. the desk, and further, following that evidence of corruption and political vi- Hon. JOHN MCCAIN, debate, the Senate proceed to vote on olence is not new. Democracy has been U.S. Senate, or in relation to the McConnell amend- under attack for the past 2 years. Washington, DC. In testimony before the House Inter- DEAR SENATOR MCCAIN: Wanted to confirm ment No. 886, the one I will describe that the Administration supports the Dodd- shortly, to be immediately followed by national Relations Committee, the McCain legislation on international drug co- a vote on or in relation to the McCon- president of the International Repub- operation. Believe your thinking supports nell amendment No. 887, also about lican Institute pointed out in 1995, tir- U.S. drug policy by recommending a mecha- Cambodia, which I anticipate will be ing of his attacks on their corruption, nism that would allow us to make fundamen- voice-voted, to be immediately fol- Government officials engineered the tal improvements in the way we cooperate lowed by a vote on or in relation to the ouster from the party and Parliament with major drug producing and transit coun- Allard amendment No. 891, to be imme- of Sam Rainsy. The testimony then tries. At a minimum, your bill promises to went on to say the following: remove a major cause of foreign policy fric- diately followed by a vote on or in rela- tion, especially with Latin American and tion to the Dodd amendment No. 901. I Building on their success in removing one Caribbean countries. Timing for consider- further ask consent that there be 2 vocal critic, the government has targeted up ation of new ideas is fortunate because of the minutes of debate equally divided prior to six other parliamentary members for expulsion . . . the number of newspapers is upcoming Summit of the Americas and to the remaining votes in the sequence. heightened interest in multilateral counter- declining by the month. Journalists are reg- I finally ask unanimous consent that ularly harassed and beaten and several have drug cooperation following the President’s all votes in the sequence following the travel to Mexico, Central America and the been killed . . . The government has been Caribbean. first vote be limited to 10 minutes in largely successful in silencing all internal ONDCP is prepared to lead an interagency length. opposition and criticism. task force to develop a new strategy. We The PRESIDING OFFICER. Is there Unfortunately, for the past 2 years as must build on our National Drug Control objection? the problems mounted, the administra- Strategy. We can accomplish the require- Without objection, it is so ordered. tion failed to use our assistance pro- ment to build a more effective concept for PRIVILEGE OF THE FLOOR grams, strong ties, and close relation- multi-national cooperation in the two years Mr. LEAHY. Madam President, be- ships to leverage reforms crucial to the provided by your bill. Although we would want to explore a num- fore the Senator from Kentucky con- country’s survival. ber of options, elements of a new strategy tinues, I also ask unanimous consent A few short months ago, in testimony might involve increased use of multilateral that Greg May, a fellow in Senator before the subcommittee, AID’s admin- mechanisms and international organizations FEINGOLD’s office, be granted floor istration compared Mongolia and Cam- such as the OAS. We might also consider ex- privileges for the remainder of the con- bodia, citing both as democratic suc- pansion of ad hoc arrangements for in-depth sideration of this bill. cess stories. At the same time, the bilateral counter-drug cooperation with The PRESIDING OFFICER. Without lives of opposition candidates were countries of particular interest such as Mex- objection, it is so ordered. being threatened, Hen Sen was actively ico. The Department of State and ONDCP Mr. LEAHY. Madam President, I join are already formulating plans for a fall con- thwarting all efforts to appoint inde- ference to develop new thinking along the my friend from Kentucky and say that pendent judges or create a commission lines of your proposal. we do see light at the end of the tun- to establish the framework for the Thanks for your continued leadership on nel. I urge Senators, if they really have planned 1998 elections. the drug issue. something they feel is absolutely ur- When weeks of Mr. Atwood’s testi- Respectfully, gent for the good of the world and the mony, 16 people were killed and an- BARRY R. MCCAFFREY, Nation and their States and the Sen- other 120 wounded in a grenade attack Director. ate, and so forth, that they discuss it on a public rally against corruption. with the Senator from Kentucky and Human rights organizations claimed THE WHITE HOUSE, Washington, DC, July 16, 1997. myself during these rollcall votes, so this was a clear attempt to assassinate Hon. CHRISTOPHER J. DODD, that we can wrap this bill up. one of the Government’s most vocal U.S. Senate, Mr. MCCONNELL. Madam President, critics, Sam Rainsy. Washington, DC. I might say that, other than the Hutch- As the political violence escalated, DEAR SENATOR DODD: I am writing to ex- inson amendment, I am not aware of the administration continued to en- press the support of the Administration for any other votes that we will need be- dorse Cambodia as a responsible can- the amendment that you and Senator fore going to final passage. didate to join ASEAN. Evidence that McCain are proposing to S. 955, the Foreign Operations, Export Financing and Related When the subcommittee marked up narcotics traffickers were subsidizing Operations Appropriations Bill for FY ’98. this bill, the situation in Cambodia was the leadership was dismissed. In May, We believe your amendment would allow grim. The Far Eastern Economic had in the face of overwhelming evidence the Administration to develop and imple- labeled Phnom Penh, the Medellin on that drug related corruption tainted S7576 CONGRESSIONAL RECORD — SENATE July 16, 1997 the most senior leaders in government, from committee, I would now like to sults of the FBI investigation into the bomb- Secretary Albright testified before the offer two amendments which modifies ing attack in Phnom Penh on March 30, subcommittee, that ‘‘we are very care- the two Cambodia-related sections in 1997.’’ ful in the way we do the certification’’ the bill. They are virtually identical AMENDMENT NO. 887 AS MODIFIED and expressed confidence that Cam- but affect two different spending ac- On page 96, line 20 strike all after the word bodia deserved to be recognized as fully counts. In each, I have added a new ‘‘Cambodia’’ through page 97, line 2, ending cooperating in our international condition which prohibits aid to Cam- with the word ‘‘smugglers.’’ and insert in lie counternarcotics efforts. bodia unless there is a certification thereof the following: ‘‘has: (1) not been es- During his visit here this spring, Sam that the Government has not been in- tablished in office by the use of force or a Rainsy, the critic who has been tar- stalled by the use of force or a coup. coup d’etat; (2) discontinued all political vio- geted by Hen Sen’s henchmen, pleaded I understand that some of my col- lence and intimidation of journalists and with the State Department to change leagues believe there should be lan- members of opposition parties; (3) estab- course and move quickly to condition lished an independent election commission; guage linking aid to the restoration of (4) protected the rights of voters, candidates, aid to his country—to take every step a democratically elected government. necessary to force Prince Ranariddh and election observers and participants by In theory, I agree. However, given the establishing laws and procedures guarantee- and Hen Sen back to the negotiation fact that Hun Sen actually partici- ing freedom of speech and assembly; (5) table—to make every effort to salvage pated in the election, I believe the ad- eliminated corruption and collaboration what was left of his country’s hope for ministration would continue on the with narcotics smugglers and; (6) been elect- democracy. He called attention to the wrong policy track and take advantage ed in a free and fair election.’’ increasingly public efforts both leaders of such a provision and simply certify Mr. KERREY. Madam President, I were making to arm private militias— that an elected official was serving in am pleased to be a cosponsor along a sign, he warned of the civil conflict office. with Senator MCCONNELL and Senator to come. Prince Ranariddh must be restored to LEAHY of amendments numbered 886 While the administration continued office and his party must be given the and 887 to S. 955, the foreign operations to talk of Cambodia’s success, the com- appropriations bill for fiscal year 1998. mittee listened to the Cambodians and opportunity to actively and freely en- These amendments will prohibit the international observers who urged ac- gage in the political process. But that Government of Cambodia from receiv- tion to stop the slide toward war. In re- will not happen unless the Administra- ing financial assistance from the Unit- sponse to the deteriorating situation, tion takes the first basic step and ac- ed States until the political violence is we reported out a bill which required knowledges that he has been the victim the Secretary to certify that four con- of a bold, ruthless military coup. These ended, the human rights of Cambodians ditions had been met prior to the re- amendments compel the administra- are respected, and either the former co- lease of any additional assistance. Spe- tion to make that decision. alition government is restored or free cifically, she had to determine that the To address the changes which have and fair democratic elections take Government had taken steps to: First, occurred since the bill was reported, I place. These amendments will also en- end political violence and intimidation have an amendment at the desk which sure that the United States will oppose of opposition parties and members; sec- adds a new condition banning aid until aid offered by multilateral financial in- ond, establish an independent election the Secretary certifies the government stitutions to Cambodia until those commission; third, protect the rights was not installed by force or coup. same conditions are met. of voters, candidates and election ob- AMENDMENTS NOS. 886 AND 887, AS MODIFIED The events of the past week in Cam- servers and participants by establish- Mr. MCCONNELL. Madam President, bodia have focused our attention again ing laws which guaranteed freedom of I now send modifications to amend- on a nation that has experienced tre- speech and assembly; and fourth, elimi- ments 886 and 887, which are already at mendous suffering in the last 30 years. nate all official corruption and collabo- the desk, and ask that Senators Twenty years ago, the murderous reign ration with narcotics smugglers. KERREY of Nebraska and HAGEL be of Pol Pot and his Khmer Rouge began We had hoped that the Secretary added as cosponsors. in Cambodia. The genocidal Khmer would deliver a similar tough message The PRESIDING OFFICER. Without Rouge regime imprisoned thousands of during a planned June trip to Phnom objection, it is so ordered. its citizens and executed an estimated Penh. Many of us held out the slim The amendments will be so modified. one million people or 20 to 30 percent of hope that she would be take on the im- The amendments (Nos. 886 and 887), the populace. I had hoped that such portant challenge of getting the two as modified, are as follows: horrors had ended for Cambodia. Unfor- leaders to the table to work toward AMENDMENT NO. 886 AS MODIFIED tunately, last week political intimida- reconciliation and free and fair 1998 On page 11, line 14 strike all after the word tion and violence again erupted in the elections. I believe her planned visit ‘‘Of’’ through page 12, line 13, ending with capital of Phnom Penh, ending the rule represented the last window of oppor- the number ‘‘1997.’’ and insert in lieu thereof of law and bringing chaos and uncer- the following: tainty to the nation. tunity to effect any change. Unfortu- ‘‘None of the funds appropriated by this nately, there were sufficient uncertain- Recent press stories detailing the Act may be made available for activities or forced emigration and extrajudicial ties about the outcome that prompted programs in Cambodia until the Secretary of her advisors to recommend the visit be State determines and reports to the Commit- executions of opposition leaders high- canceled—and with that, the window of tees on Appropriations that the Government light the gravity of the situation. opportunity slammed shut. of Cambodia has: (1) not been established in It would be easy to turn our backs to The rest, as they say, is history. office by the use of force or a coup d’etat; (2) a nation with such a dark past. But the Since the coup, it is clear, the admin- discontinued all political violence and in- poor and terrifying history of Cam- istration continues to be reluctant to timidation of journalists and members of op- bodia should not influence our decision challenge or confront Hun Sen. I think position parties; (3) established an independ- on whether to stay involved in Cam- ent election commission; (4) protected the this is a serious mistake. It not only bodia. The nation and the people of rights of voters, candidates, and election ob- Cambodia are important to our na- causes friends and allies to doubt our servers and participants by establishing laws commitment to democracy, we risk and procedures guaranteeing freedom of tional interests. The United States further instability in a vital part of he speech and assembly; (5) eliminated corrup- must stay engaged and continue to world. If an interest in South East tion and collaboration with narcotics smug- work for democracy and the rule of law Asian stability does not persuade my glers and; (6) been elected in a free and fair in Cambodia. In 1991 a significant colleagues of the merits of engage- democratic election: Provided, That the pre- agreement was signed in Paris between ment, they might consider the need to vious proviso shall not apply to humani- the political factions in Cambodia see some good come out of the substan- tarian programs or other activities adminis- which brought the promise of elected tered by nongovernmental organizations: government and democratic institu- tial bilateral and multilateral commit- Provided further, That 30 days after enact- ment we have supported which now ex- ment of this Act, the Secretary of State, in tions. Under the auspices of the United ceeds $4 billion. consultation with the Director of the Fed- Nations and observer nations, elections To address the changes which have eral Bureau of Investigations, shall report to were held in Cambodia in 1993. The occurred since the bill was reported the Committees on Appropriations on the re- clear desire of the Cambodian people July 16, 1997 CONGRESSIONAL RECORD — SENATE S7577 for democracy was shown by the par- The amendment makes clear that as- The motion to lay on the table was ticipation of ninety percent of the pop- sistance for nongovernmental organiza- agreed to. ulation in those elections. In the four tions would be allowed to continue. AMENDMENT NO. 887, AS MODIFIED years since those elections, the people I want to make sure we don’t inad- The PRESIDING OFFICER. Under of Cambodia have worked to preserve vertently prevent aid from resuming if the previous order, there will now be 2 their fragile democracy and the rule of the democratically elected government minutes for debate on amendment 887, law. Cambodia may have suffered a set- is restored. But I have no doubt, in as modified, offered by the Senator back in its efforts to build strong that kind of situation, that the Sen- from Kentucky. democratic institutions. But it is not ator from Kentucky would want to Mr. BYRD. Madam President, may without hope. make clear—or, if that occurred, would we have order in the Senate? I cannot The United States should not aban- want to join with some of us to make even see the Presiding Officer. don a people committed to the ideals of clear—that such aid would continue. The PRESIDING OFFICER. The Sen- democracy and the rule of law. These But this has been a very violent coup. ate will be in order. amendments hold out the promise of Opposition people are being silenced or Mr. BYRD. I hope that Senators will renewed United States assistance to killed. And I support the intent of the listen to the Chair. Cambodia once the political violence amendment by the Senator from Ken- The PRESIDING OFFICER. The Sen- ends and an elected government takes tucky. ate will be in order. power in Cambodia. Mr. McCONNELL. I thank my friend Mr. BYRD. I hope Senators will show Until these conditions are met, this from Vermont. respect to the Chair. legislation allows humanitarian assist- Madam President, if I have any time, The PRESIDING OFFICER. The Sen- ance to be sent to Cambodia, but only I yield it back. ator from Kentucky is recognized. if it is administered through non-gov- The PRESIDING OFFICER. All time Mr. MCCONNELL. Madam President, ernmental organizations and not the is yielded. this is an amendment previously dis- Government of Cambodia. The question now occurs on amend- cussed before the vote started. I am It is my hope that the situation in ment No. 886, as modified, offered by prepared to take a voice vote on it. It Cambodia improves and our two na- the Senator from Kentucky [Mr. is noncontroversial and I think sup- tions can again work together to build MCCONNELL]. On this question, the yeas ported by my colleague. a democratic Cambodia. If the coali- and nays have been ordered, and the Mr. LEAHY. I join with the distin- tion government is restored, these clerk will call the roll. guished Senator from Kentucky in that amendments permit the resumption of The legislative clerk called the roll. request. assistance to the Government of Cam- Mr. NICKLES. I announce that the The PRESIDING OFFICER. The bodia. If elections are held in 1998 as Senator from Montana [Mr. BURNS] is question is on agreeing to the amend- planned, the United States may again necessarily absent. ment. provide assistance to a democratically I further announce that, if present The amendment (No. 887), as modi- elected government in Cambodia. and voting, the Senator from Montana fied, was agreed to. While we can play a major role, the [Mr. BURNS] would vote ‘‘yea.’’ Mr. LEAHY. Mr. President, I move to United States alone cannot help bring The PRESIDING OFFICER. Are there reconsider the vote. democracy and the rule of law in Cam- any other Senators in the Chamber Mr. MCCONNELL. I move to lay that bodia. I fully expect the Administra- who desire to vote? motion on the table. tion to continue to work with the Asso- The result was announced—yeas 99, The motion to lay on the table was ciation of Southeast Asian Nations nays 0, as follows: agreed to. [ASEAN], the United Nations, and [Rollcall Vote No. 180 Leg.] AMENDMENT NO. 891 donor nations to improve the situation YEAS—99 The PRESIDING OFFICER. There in Cambodia. Other nations such as Abraham Feingold Lott now will be 2 minutes of debate on Thailand and Japan have played a Akaka Feinstein Lugar amendment No. 891 offered by the Sen- major role in promoting democratic Allard Ford Mack ator from Colorado [Mr. ALLARD]. Ashcroft Frist McCain ideals in that nation. The United Baucus Glenn McConnell The Senator from Colorado is recog- States needs to work with these na- Bennett Gorton Mikulski nized. tions to return a democratically-elect- Biden Graham Moseley-Braun Mr. ALLARD. Madam President, I ed government to Cambodia and pro- Bingaman Gramm Moynihan thank you. In 1994, OPIC’s lending au- Bond Grams Murkowski mote the institutional reforms that Boxer Grassley Murray thority for its insurance financing was will bring peace and prosperity to a Breaux Gregg Nickles last raised and has been frozen ever people who so desperately need it. Brownback Hagel Reed since. Since that time, the administra- Bryan Harkin Reid AMENDMENT NO. 886, AS MODIFIED Bumpers Hatch Robb tion—— Mr. McCONNELL. I ask for the yeas Byrd Helms Roberts Mr. BYRD. Madam President, I do and nays on the MCCONNELL amend- Campbell Hollings Rockefeller not know whether other Senators can Chafee Hutchinson Roth hear or not. I cannot. May we have ment No. 886. Cleland Hutchison Santorum The PRESIDING OFFICER. Is there a Coats Inhofe Sarbanes order. sufficient second? Cochran Inouye Sessions The PRESIDING OFFICER. The Sen- There is a sufficient second. Collins Jeffords Shelby ator is correct. The Senate is not in Conrad Johnson Smith (NH) order. The Senate will be in order. Sen- The yeas and nays were ordered. Coverdell Kempthorne Smith (OR) Mr. LEAHY. Madam President, will Craig Kennedy Snowe ators will please cease their conversa- the Senator yield a minute of his time? D’Amato Kerrey Specter tions or take their conversations to the The PRESIDING OFFICER. The Sen- Daschle Kerry Stevens Cloakrooms. DeWine Kohl Thomas ator from Vermont. Dodd Kyl Thompson Mr. BYRD. Madam President, I Mr. McCONNELL. Yes. I yield such Domenici Landrieu Thurmond thank the Chair. time as he may desire. Dorgan Lautenberg Torricelli The PRESIDING OFFICER. The Sen- Mr. LEAHY. Madam President, I Durbin Leahy Warner ator from Colorado is recognized. Enzi Levin Wellstone strongly support what the Senator Faircloth Lieberman Wyden Mr. ALLARD. I thank the Chair. from Kentucky wants to accomplish In 1994, OPIC’s lending authority for with his amendment on Cambodia. NOT VOTING—1 its insurance and financing was last There has been a violent coup, if the Burns raised and has been frozen since then. press reports are accurate, and we have The amendment (No. 886), as modi- On the administrative cost side, we no reason to believe they are not. fied, was agreed to. have seen a growth during that period, Members of the opposition have been Mr. MCCONNELL. Mr. President, I when their authority was limited, from assassinated. Leaders in the opposition move to reconsider the vote. $20 million to about $32 million. This have been murdered. This is a violent Mr. KEMPTHORNE. I move to lay amendment just takes the administra- coup. that motion on the table. tive cost back to the 1994 level. It is a S7578 CONGRESSIONAL RECORD — SENATE July 16, 1997 reduction of $11 million in administra- Lugar Reed Snowe UNANIMOUS CONSENT REQUEST Mack Robb Specter Mr. LOTT. Madam President, I would tion. I ask for a yea vote. McConnell Rockefeller Stevens Mr. LEAHY addressed the Chair. Mikulski Roth Thurmond like to see if we can get a unanimous The PRESIDING OFFICER. The Sen- Moseley-Braun Santorum Torricelli consent agreement, and if we can, we ator from Vermont is recognized. Moynihan Sarbanes Warner can tell the Members we will not have Murkowski Shelby Mr. LEAHY. Madam President, this Murray Smith (OR) any further votes tonight. I have dis- in many ways would cut off our nose to cussed this with the distinguished NOT VOTING—1 spite our face. Democratic leader. I do have one other I oppose this amendment but I see Burns amendment I have to put in the stack. the Senator from Nebraska, who had The amendment (No. 891) was re- We may work something out on it, but spoken earlier, and I will yield to him. jected. in case we cannot, we need to have the The PRESIDING OFFICER. The Sen- Mr. LEAHY. Madam President, I vote in the morning. ator from Nebraska is recognized. move to reconsider the vote by which I ask unanimous consent that the Mr. HAGEL. I thank the Chair. the amendment was rejected. vote occur on the Bingaman amend- I again say what I said this afternoon Mr. McCONNELL. I move to lay that ment No. 896 at 9:30 a.m.—let me mod- regarding my good friend and real motion on the table. ify that. Let’s put that at 10 o’clock on neighbor next to me. His amendment I The motion to lay on the table was Thursday—to be followed immediately think at best is shortsighted. I came to agreed to. by a vote on the HUTCHINSON amend- this body with the background of a Mr. LEAHY. Madam President, the ment, to be followed immediately by small businessman, Madam President. I Senate is not in order. third reading of the bill and final pas- know a little something about OPIC. I The PRESIDING OFFICER. The Sen- sage, all occurring without action or have marketed companies, built com- ator is correct. The Senate will be in debate. panies, that have worked around the order. The PRESIDING OFFICER. Is there world. I understand the importance of The Senator from Vermont. objection? what OPIC is. This is an organization Mr. LEAHY. I ask the Presiding Offi- Mr. BINGAMAN. Madam President, I that, in fact, sends money back to the cer, what is the parliamentary situa- assume that we will have 2 minutes Treasury each year. This is an organi- tion? equally divided for debate on the zation that creates jobs. It has a tre- AMENDMENT NO. 901 amendment before voting? Mr. LOTT. I amend the UC to make mendous ripple effect all across this The PRESIDING OFFICER. Under it clear to have, what has become cus- country. And as we are able to export the previous order, there will now be 2 tomary, 2 minutes for a final expla- American technology and products minutes for debate equally divided on nation of what is in the amendment. abroad, the support for all of those the Dodd amendment No. 901. The Sen- Mr. CHAFEE. Will these be 10-minute products comes from American compa- ator from Connecticut is recognized. votes after the first one? nies in each of our States. I respect- Mr. DODD. Madam President, I am going to yield 30 seconds to my col- Mr. LOTT. Madam President, we in- fully request that my colleagues vote tend to have 10-minute votes after the against this amendment. league from Arizona. This amendment, offered by myself, first vote. The PRESIDING OFFICER. The The PRESIDING OFFICER. Is there question is on agreeing to the amend- Senator MCCAIN and many others, sus- pends for 24 months the voting on the objection? ment. The yeas and nays are ordered. Mr. TORRICELLI. Reserving the certification process. All the reports The clerk will call the roll. right to object. The assistant legislative clerk called are collected, but this is an oppor- The PRESIDING OFFICER. The Sen- the roll. tunity, as General McCaffrey says in ator from New Jersey. Mr. NICKLES. I announced that the his letter endorsing this amendment, Mr. TORRICELLI. Madam President, Senator from Montana [Mr. BURNS] is this gives us time to try something dif- the Bingaman amendment would be a necessarily absent. ferent. After 11 years, the problem has change in policy toward Cuba and we I further announce that, if present gotten worse. We need to try a dif- would have only 2 minutes to discuss and voting, the Senator from Montana ferent dynamic. This will give us 24 that relative to its merits. [Mr. BURNS] would vote ‘‘nay.’’ months to try it. We urge the adoption Mr. LOTT. There will be debate on The PRESIDING OFFICER. Are there of the amendment. that issue further tonight. The ques- any other Senators in the Chamber I yield to my colleague from Arizona. tion was, would there only be 2 min- who desire to vote? Mr. McCONNELL. Madam President, utes for debate on the Bingaman-Gra- The result was announced—yeas 35, I yield 1 minute in opposition to the ham amendment. I believe there would nays 64, as follows: amendment to Senator COVERDELL. be further discussion on that. The PRESIDING OFFICER. I believe [Rollcall Vote No. 181 Leg.] Mr. McCONNELL. As long as Sen- the Senator from Arizona was recog- YEAS—35 ators would like to discuss it. nized for 30 seconds. Mr. LOTT. Tonight. Allard Feingold Lott The Senator from Georgia is recog- Mr. TORRICELLI. Would it be pos- Ashcroft Gramm McCain Brownback Grams Nickles nized for 1 minute. sible to ask, given the interest of many Bryan Gregg Reid Mr. COVERDELL. Madam President, on this and the impact this would have Coats Helms Roberts the certification process is not perfect. on American policy toward Cuba, that Collins Hollings Sessions The Foreign Relations Committee has Coverdell Hutchinson Smith (NH) we might, in this instance, ask for 5 Craig Hutchison Thomas committed to hearings on this. That is minutes on each side to make our posi- D’Amato Inhofe Thompson the appropriate venue to discuss it. We tions clear to Members before they DeWine Kempthorne Wellstone should not suspend the process without vote? Dorgan Kohl Wyden Faircloth Kyl the new place to go or the new system Mr. LOTT. Madam President, I being in order. We send the wrong mes- amend the UC to ask consent that we NAYS—64 sage at the wrong time, and I urge my have 10 minutes equally divided on Abraham Cochran Hagel colleagues not to suspend and leave no both the Bingaman amendment and the Akaka Conrad Harkin Baucus Daschle Hatch system in place. Hutchinson amendment if that time is Bennett Dodd Inouye Mr. DODD. I ask for the yeas and required, with the debate on those to Biden Domenici Jeffords nays on this amendment. begin shortly after we come in at 9:30, Bingaman Durbin Johnson The PRESIDING OFFICER. Is there a Bond Enzi Kennedy and then the vote to begin at 10 a.m. Boxer Feinstein Kerrey sufficient second? The PRESIDING OFFICER. Is there Breaux Ford Kerry There is a sufficient second. objection? Bumpers Frist Landrieu The yeas and nays were ordered. Mr. McCONNELL addressed the Byrd Glenn Lautenberg Mr. LOTT addressed the Chair. Chair. Campbell Gorton Leahy Chafee Graham Levin The PRESIDING OFFICER. The ma- The PRESIDING OFFICER. The Sen- Cleland Grassley Lieberman jority leader. ator from Kentucky. July 16, 1997 CONGRESSIONAL RECORD — SENATE S7579 Mr. McCONNELL. Madam President, Hatch Moseley-Braun Shelby Mr. BYRD. I have no objection. Helms Murkowski Smith (NH) I understand Senator SPECTER has a Hutchinson Nickles Smith (OR) The PRESIDING OFFICER. Without problem, and we will hear from him in Inhofe Reed Snowe objection, it is so ordered. a few minutes. He is apparently on his Kempthorne Reid Specter Mr. LOTT. There will be no further way. Kerry Roberts Thomas votes this evening. The next votes will Lautenberg Rockefeller Thurmond Mr. LOTT. I didn’t hear any objec- Lott Roth Torricelli occur at 10 a.m. on Thursday. tion. Mack Santorum Wellstone I yield the floor. I think it is unfortunate we are not McConnell Sessions Wyden AMENDMENT NO. 902 going to be able to get a unanimous- NOT VOTING—2 (Purpose: To express the sense of the Senate consent agreement now. By not doing Burns Glenn on the European Commission’s handling of the Boeing McDonnell Douglas merger) so, we may have a proliferation of The amendment (No. 901) was re- amendments, and we may have to go jected. Mr. GORTON. Mr. President, I have on later tonight. We have really been Mr. LEAHY. Mr. President, I move to an unprinted amendment at the desk working very well across the aisle to reconsider the vote. and I ask for its immediate consider- avoid this sort of problem, but I don’t Mr. MCCONNELL. I move to lay that ation. think we can resolve it right now. motion on the table. The PRESIDING OFFICER. The So, we can proceed with this vote and The motion to lay on the table was clerk will report. see if we can work out an understand- agreed to. The assistant legislative clerk read ing as to how we will proceed later on UNANIMOUS-CONSENT AGREEMENTS as follows: tonight or in the morning, and we can Mr. LOTT. Mr. President, I ask unan- The Senator from Washington [Mr. GOR- try the unanimous consent request imous consent that the vote occur on TON] for himself, Mrs. FEINSTEIN, Mrs. MUR- again after the vote. We cannot assure or in relation to the Bingaman amend- RAY, and Mrs. BOXER, proposes an amend- Senators at this point that there will ment numbered 902. ment No. 896 at 10 a.m. on Thursday, to be no further votes tonight. be followed immediately by a vote on Mr. GORTON. I ask unanimous con- Mr. DASCHLE. If the leader will or in relation to the Hutchinson sent reading of the amendment be dis- yield, in the interest of accommodat- amendment No. 890, to be followed by pensed with. ing a lot of our Senators who have third reading of the bill and final pas- The PRESIDING OFFICER. Without made plans, could we at least give sage occur all without further debate objection, it is so ordered. them assurance that between now and or action. The amendment is as follows: 9:30 there will be no votes tonight? The PRESIDING OFFICER. Without The Boeing Company and McDonnell Doug- Mr. LOTT. If I could, I appreciate the objection, it is so ordered. las have announced their merger; and Democratic leader’s efforts. His effort Mr. LOTT. I further ask there be 10 The Department of Defense has approved has been about like mine—not too good that merger as consistent with the national minutes equally divided for debate rel- yet. security of the United States; and ative to the Bingaman and Hutchinson [Laughter.] The Federal Trade Commission has found amendments prior to each vote with re- Let’s have the vote and work on this that merger not to violate the anti-trust spect to the amendments that are laws of the United States; and during the vote and try to get a UC pending. The European Commission has consist- after the vote. Mr. LEAHY. Reserving the right to ently criticized and threatened the merger I believe we have the yeas and nays object, does the leader also intend to before, during and after its consideration of on this amendment. ask unanimous consent to vitiate the the facts; and The sole true reason for the European VOTE ON AMENDMENT NO. 901 yeas and nays that have been ordered The PRESIDING OFFICER (Mr. Commission’s criticism and imminent dis- on the underlying amendment, or ask approval of the merger is to gain an unfair SMITH of Oregon). The question is on to have it withdrawn? competitive advantage for Airbus, a govern- agreeing to the Dodd amendment No. AMENDMENT NO. 900, WITHDRAWN ment owned aircraft manufacturer; 901. The yeas and nays have been or- Mr. LOTT. Mr. President, I ask unan- Now therefore, It is the Sense of the Sen- dered. The clerk will call the roll. imous consent that the Dodd amend- ate that any such disapproval on the part of the European Commission would constitute The legislative clerk called the roll. ment be withdrawn. Mr. NICKLES. I announce that the an unwarranted and unprecedented inter- The PRESIDING OFFICER. Without ference in a United States business trans- Senator from Montana [Mr. BURNS] is objection, it is so ordered. action that would threaten thousands of necessarily absent. The amendment (No. 900) was with- American aerospace jobs; and Mr. FORD. I announce that the Sen- drawn. The Senate suggests that the President ator from Ohio [Mr. GLENN] is nec- Mr. LOTT. I further ask that when take such actions as he deems appropriate to essarily absent. the Senate receives the House compan- protect U.S. interests in connection there- The result was announced—yeas 38, ion bill, the Senate immediately pro- with. nays 60, as follows: ceed to its consideration and all after Mr. GORTON. I ask unanimous con- [Rollcall Vote No. 182 Leg.] the enacting clause be stricken, the sent Senators MURRAY and BOXER be YEAS—38 text of S. 955, as amended, be inserted added as cosponsors of the amendment. Akaka Hagel Levin in lieu thereof, the bill be read for a The PRESIDING OFFICER. Without Allard Harkin Lieberman third time and passed and the Senate objection, it is so ordered. Baucus Hollings Lugar insist on its amendment, request a con- Mr. GORTON. Mr. President, this is a Bryan Hutchison McCain Chafee Inouye Mikulski ference with the House on the disagree- last-minute amendment and I greatly Cleland Jeffords Moynihan ing votes and the Chair be authorized appreciate the indulgence of the man- Cochran Johnson Murray to appoint conferees on the part of the agers, but it is of vital importance. It Daschle Kennedy Robb now is increasingly evident, over- DeWine Kerrey Sarbanes Senate. Dodd Kohl Stevens Mr. MCCONNELL. Mr. President, re- whelmingly evident, that the European Domenici Kyl Thompson serving the right to object, as I under- Commission is going to attempt to re- Gorton Landrieu Warner stand this agreement, it does not pre- ject the Boeing-McDonnell Douglas Gramm Leahy vent us from going ahead and facilitat- mergers in spite of the fact that the NAYS—60 ing the passage of some agreed-to Department of Defense feels this is a Abraham Byrd Enzi amendments this evening. There are significant step forward for our na- Ashcroft Campbell Faircloth two Senators here with amendments. tional defense, in spite of the fact the Bennett Coats Feingold Biden Collins Feinstein Mr. LOTT. It does not in any way Federal Trade Commission has not de- Bingaman Conrad Ford prevent that. termined there are any trade violations Bond Coverdell Frist Mr. BYRD. Reserving the right to ob- in connection therewith. Boxer Craig Graham ject, I don’t expect to object, what is S. That decision on the part of the Eu- Breaux D’Amato Grams Brownback Dorgan Grassley 955? ropean Commission seems to have been Bumpers Durbin Gregg Mr. LOTT. The foreign ops bill. made in the absence of any evidence S7580 CONGRESSIONAL RECORD — SENATE July 16, 1997 and before any evidence was submitted tifies to the Congress, first, that the 21, 1997, as to whether Chairman Arafat to it and solely on behalf of creating a Palestinian Authority is using its max- and the PLO made a maximum effort competitive advantage for Airbus. If it imum efforts to combat terrorism in to stop that kind of terrorism. Imme- should hold, it will have a seriously ad- accordance with the Oslo accords, has diately after the bombing, Israeli verse impact on employment in the ceased the violence or threat of vio- Prime Minister Netanyahu said that United States, particularly with the lence or incitement of violence as a Arafat gave a green light to that bomb- Douglas portion of McDonnell Douglas, tool of the Palestinian Authority. ing. When Secretary of State Mad- which could not survive unaided or Second, after full investigation by eleine Albright appeared before the unmerged. the Department of Justice, the execu- Foreign Operations Subcommittee in This resolution simply states those tive branch of Government concludes our hearing this spring, she responded facts and states that any such dis- that Chairman Arafat had no prior that Arafat had not given a green approval would be an unwarranted and knowledge of the World Trade Center light, but neither had he given a red unprecedented interference in a busi- bombing. light. Under the provisions of the ness decision appropriately made in the Third, after a full inquiry to the De- amendment introduced by Senator United States and suggests to the partment of State, the executive SHELBY and myself, Arafat has an abso- President he take such actions as he branch of Government concludes that lute obligation, along with the PLO, to deems necessary under the cir- Chairman Arafat did not authorize and make the maximum effort to fight ter- cumstances. did not fail to use his authority to pre- rorism. I will make more extensive remarks vent the Tel Aviv cafe bombing of I have written to Secretary Albright on this issue sometime tomorrow, but I March 21, 1997. on this subject, and I ask unanimous appreciate the support of my col- Mr. President, this amendment would consent that a copy of my letter be leagues on a matter of great impor- not impact upon the expenditures of printed in the RECORD at the conclu- tance to employees in many States U.S. funds for projects like water au- sion of my remarks. throughout the United States. thorities or other projects which go to The PRESIDING OFFICER. Without The PRESIDING OFFICER. The the people who are now directed to re- objection, it is so ordered. question is on agreeing to the amend- ceive these funds, but to articulate (See exhibit 2.) ment. with precision, would only involve the EXHIBIT 2 The amendment (No. 902) was agreed moneys which would be paid to the Mr. SPECTER. It is unsatisfactory, to. Palestinian Authority. Mr. President, if Arafat did anything Mr. GORTON. I move to reconsider It may well be that there is no intent but put down a red light to stop the the vote. to pay money now in the pipeline for bombing of the Tel Aviv cafe which Mr. MCCONNELL. I move to lay it on the Palestinian Authority, but I must killed three Israelis and wounded doz- the table. say, Mr. President, that after making ens more, estimated to be approxi- mately 40 other Israelis. There ought AMENDMENT NO. 898 substantial efforts to find out exactly to be absolutely no doubt that if any Mr. SPECTER. Mr. President, I send what is going on in the administration, funding is to come from the U.S. tax- an amendment numbered 898 to the I have been unable to make that deter- payers to the Palestinian Authority, desk. mination. But whether or not there is there be a certification by the Presi- The PRESIDING OFFICER. The an intent by the administration not to dent, based on evidence that Yasser clerk will report. pay money in the pipeline to the Pal- Arafat was not a party to, did not The legislative clerk read as follows: estinian Authority, it is my view that this amendment is necessary as a mat- know about, was not an accessory be- The Senator from Pennsylvania [Mr SPEC- fore the fact, or a coconspirator on the TER] proposes an amendment numbered 898. ter of policy. With respect to the issue of Chair- bombing of the Trade Center in 1993 Mr. SPECTER. I ask unanimous con- and he, in fact, made the maximum ef- sent that reading of the amendment be man Arafat’s knowledge of the Trade Center bombing, a report has been fort which would require a red light on dispensed with. the bombing of the Tel Aviv res- The PRESIDING OFFICER. Without made by Deputy Education Minister Moshe Peled of Israel that Arafat had taurant. objection, it is so ordered. It is my understanding, Mr. Presi- prior knowledge of the bombing of the The amendment is as follows: dent, this amendment is acceptable to Trade Center in New York City in 1993. At the appropriate place in the bill, insert both managers of the bill. the following: I have asked the Department of Jus- tice, Mr. President, to conduct an in- EXHIBIT 1 SEC. . RESTRICTION ON ASSISTANCE MADE TO U.S. DEPARTMENT OF JUSTICE, THE PALESTINIAN AUTHORITY. vestigation to determine whether or not that is true. OFFICE OF LEGISLATIVE AFFAIRS, None of the funds appropriated or other- Washington, DC, April 29, 1997. wise made available by this Act may be obli- I ask unanimous consent the cor- Hon. ARLEN SPECTER, gated or expended with respect to providing respondence be printed in the RECORD U.S. Senate, funds to the Palestinian Authority, unless at the conclusion of my statement as if Washington, DC. the President certifies to Congress that: read in full. DEAR SENATOR SPECTER: This is in response (1) the Palestinian Authority is using its The PRESIDING OFFICER. Without to your letter to the Attorney General dated maximum efforts to combat terrorism, and, April 1, 1997. Your letter encloses a news ar- in accordance with the Oslo Accords, has objection, it is so ordered. (See exhibit 1.) ticle from The Jerusalem Post in which it is ceased the use of violence, threat of violence, reported that Yasser Arafat may have had or incitement to violence as a tool of the EXHIBIT 1 prior knowledge of the bombing of the World Palestinian Authority’s policy toward Israel; Mr. SPECTER. The essence of the Trade Center building on February 26, 1993. (2) after a full investigation by the Depart- matter is that this issue has been Aside from the news report enclosed with ment of Justice, the Executive branch of raised by a responsible Israeli official, your letter, the Department of Justice is un- Government concludes that Chairman Arafat and if Arafat in fact had prior knowl- aware of any information that Yasser Arafat had no prior knowledge of the World Trade edge of the bombing of the Trade Cen- either had prior knowledge of the bombing of Center bombing; and the World Trade Center or was in any way (3) after a full inquiry by the Department ter, he may well be an accessory before involved in the conspiracy to bomb the of State, the Executive branch of Govern- the fact, or a coconspirator, and if that building. We have queried the Israeli au- ment concludes that Chairman Arafat did is so, he would be extraditable to the thorities about this information and they not authorize and did not fail to use his au- United States under provisions of our deny the accuracy of the statements attrib- thority to prevent the Tel Aviv cafe bombing terrorist legislation passed in 1984 and uted in the article to the Deputy Education of March 21, 1997. 1986. Minister. Mr. SPECTER. Mr. President, this It is simply unsatisfactory and intol- I hope this information is helpful. If we can amendment provides that none of the be of further assistance with regard to this erable to have that issue outstanding or any other matter, please do not hesitate funds appropriated or otherwise made and be providing funding for the Pal- to contact this office. available to the Palestinian Authority estinian Authority. Sincerely, shall be paid over to the Palestinian The issue has also been raised on the ANDREW FOIS, Authority unless the President cer- bombing of the Tel Aviv cafe on March Assistant Attorney General. July 16, 1997 CONGRESSIONAL RECORD — SENATE S7581

U.S. SENATE, EXHIBIT 2 leagues, Senator DEWINE in particular, COMMITTEE ON APPROPRIATIONS, U.S. SENATE, has been very gracious or anxious to Washington, DC, May 14, 1997. Washington, DC, March 25, 1997. discuss some important issues. Hon. JANET RENO, Hon. MADELEINE ALBRIGHT, I just rise for a few moments to dis- Attorney General, Secretary of State, cuss the role of Egypt in the Middle Department of Justice, Washington, DC. East process. I think we all understand Washington, DC. DEAR SECRETARY ALBRIGHT: According to the dream of peace in the Middle East DEAR ATTORNEY GENERAL RENO: By letter the weekend press reports, Israeli Prime dated April 1, 1997, (copy enclosed) I wrote to Minister Benjamin Netanyahu has stated is going to take courage, patience and you concerning Israeli Deputy Education that Palestinian Chairman Yassir Arafat has commitment from all of the countries Minister Moshe Peled’s statement that Pal- indirectly given a green light to the terror- in the region. Unfortunately, Egypt, estinian Authority Chairman Yasser Arafat ists resulting in the suicide bomb which the second largest recipient of U.S. aid, had prior knowledge of the 1993 plot to bomb killed and wounded many Israelis last Fri- has taken a number of actions of late New York City’s World Trade Center. day. which seem more likely to undermine By letter dated April 29 (copy enclosed) As- According to the news reports, Chairman Arafat and the Palestinian authority re- the peace that grew out of Anwar sistant Attorney General Andrew Fois re- Sadat’s courageous decision to go to Is- sponded with a very generalized statement leased Ibrahim Maqadmeh. Prime Minister about having ‘‘queried the Israeli authori- Netanyahu further stated that Chairman rael. ties.’’ No mention was made whether the De- Arafat and the Palestinian authority have I rise, therefore, with several other partment of Justice talked to Deputy Edu- failed to detain known terrorists and to con- colleagues, questioning several of these cation Minister Moshe Peled or did any real fiscate weaponry. actions by Egypt, a long-time recipient In my judgment, it is very important for pursuit on the matter. of substantial amounts of U.S. foreign the State Department to make a factual de- assistance. These actions, in my view, Since I do not speak Hebrew, my assistant, termination as to whether Chairman Arafat David Brog, Esquire, talked to Mr. Peled. and the Palestinian authority did give a raise serious questions, especially when Mr. Peled said that he was not prepared to green light indirectly to the terrorists and they seem to contradict U.S. efforts to disclose any more information on Chairman whether there was a failure to detain known secure a lasting peace in the Middle Arafat’s connection in the World Trade Cen- terrorists and to confiscate weaponry. East. Specifically, I am troubled by ter bombing beyond what he told the Jerusa- I would appreciate your advice, as prompt- Egypt hosting an Arab League summit lem Post. Mr. Brog said that Mr. Peled was ly as possible, on your Department’s conclu- not flexible on this point and that he (Mr. in Cairo earlier this year in which sion as to whether Chairman Arafat and the Egypt supported the renewal of the Brog) had the impression that Mr. Peled had Palestinian authority gave an indirect green gotten into some trouble for his previous dis- light to the terrorists. Arab League boycott of Israel. This closure. As you know, an amendment offered by represents a clear violation of the Is- I am interested to know whether the De- Senator Shelby and myself to the Middle raeli-Egyptian peace treaty. U.S. pol- partment of Justice talked to Mr. Peled be- East Peace Facilitation Act of 1995 condi- icy has long sought to end the boycott. fore Mr. Fois’s letter to me of April 29. If so, tions the $500 million in U.S. aid to the Pal- Yet, in this situation there is a recipi- what he said. If not, why wasn’t Mr. Peled estinian authority on presidential certifi- ent of U.S. aid that supports it. I am questioned. cation that the Palestinian authority is also troubled that Egypt has emerged complying with all of its commitments I considered this an extremely serious mat- as Libyan Leader Qadhafi’s most im- ter. As you know, Chairman Arafat could be under its peace accords with Israel, including extradited to the United States if there is its commitment to prevent acts of terrorism portant advocate internationally. evidence to support Mr. Peled’s charge. and undertake ‘‘legal measures against ter- Egyptian President Mubarak has I formally request the Department of Jus- rorists, including the arrest and prosecution publicly stated that Egypt does not tice to conduct a real investigation on this of individuals suspected of perpetrating acts produce chemical weapons, that Libya matter. of violence and terror.’’ does not produce chemical weapons. He Sincerely, The Senate Appropriations Subcommittee has advocated easing United States on Foreign Operations, on which I sit, will ARLEN SPECTER. soon be considering this issue for fiscal year sanctions on Libya, and he has violated 1998 so I would appreciate your prompt re- the U.N. ban on air travel by allowing U.S. SENATE, sponse. Qadhafi to fly to the Arab summit in COMMITTEE ON APPROPRIATIONS, In addition, I would appreciate your advis- Cairo. Washington, DC, April 1, 1997. ing me as to whether there is any U.S. aid in What is particularly of distress to Hon. JANET RENO, the pipeline which has not yet been turned this Senator is President Mubarak was Attorney General, over to the Palestinian authority. If so, I re- Department of Justice, the only leader to decline President quest that such payments be withheld until Clinton’s invitation to attend an Octo- Washington, DC. the determination as to whether the Pal- DEAR ATTORNEY GENERAL RENO: Just yes- estinian authority is complying with the ber Middle East summit in Washington terday I saw a news report that Israeli intel- Specter-Shelby amendment. to revise the peace process and to end ligence has evidence that Palestinian Au- Sincerely, ongoing violence. thority Chairman Yasser Arafat had prior ARLEN SPECTER. Most recently, Mr. President, and knowledge of the 1993 plot to bomb New York The PRESIDING OFFICER. The colleagues, we have seen some efforts City’s World Trade Center which killed six by top Egyptian officials to take ac- people. question is on agreeing to the amend- ment. tions to reinvigorate the peace negotia- That news report quoted Deputy Education tions. I am very hopeful that those re- Minister Moshe Peled stating: The amendment (No. 898) was agreed to. cent actions will be a signal that Egypt ‘‘More than that, he [referring to Arafat] intends to play a more constructive was part of the discussions on the oper- Mr. SPECTER. I move to reconsider ation.’’ the vote. role in the days ahead, in terms of pro- The news report further said that Arafat was Mr. BENNETT. I move to lay it on ducing a lasting peace. I have been es- privy to the conspiracy and met with Suda- the table. pecially pleased to see the strong, bi- nese and Islamic terrorist leaders. The motion to lay on the table was partisan support here in the Senate for With this letter, I am enclosing for you a agreed to. the Middle East process, and for the photostatic copy of the news report from the Mr. LEAHY. Mr. President, we have good work begun in Oslo, and I am very Jerusalem Post on March 26. passed, have we, the amendment of the hopeful that Egypt will see that there I would very much appreciate it if you distinguished Senator from Washing- is strong concern right now in the would conduct the appropriate investigation ton [Mr. GORTON]? United States Senate about a number to determine what evidence exists, if any, of The PRESIDING OFFICER. We of their actions of late and that the Arafat’s complicity in this matter. agreed to the amendment. Congress will be monitoring those ac- It appears to me that, if true, Arafat would Mr. LEAHY. Did that show the other be prosecutable under U.S. criminal laws. I tions carefully. distinguished Senator from Washing- Mr. President, I yield the floor. would appreciate your advice as to what in- ton as a cosponsor? dictments could be brought as to Chairman Mr. DeWINE addressed the Chair. Arafat. The PRESIDING OFFICER. That is The PRESIDING OFFICER. The Sen- Thank you for your consideration of this correct. ator from Ohio is recognized. request. EGYPT AMENDMENT NO. 903 Sincerely, Mr. WYDEN. Mr. President, the hour (Purpose: To limit assistance for Haiti un- ARLEN SPECTER. is late, and I know a number of our col- less certain conditions are satisfied) S7582 CONGRESSIONAL RECORD — SENATE July 16, 1997

Mr. DEWINE. Mr. President, I send There are thousands of children who tinue as investigators build compelling an amendment to the desk and ask for are receiving one meal a day because of cases against those who have used bru- its immediate consideration. AID assistance that is administered tal force to achieve, in the past, politi- The PRESIDING OFFICER. The through both CRS and the ADRA. It is cal goals. clerk will report. vitally important that this assistance Mr. President, over 80 extrajudicial The assistant legislative clerk read continue. and political killing cases have been as follows: Mr. President, my amendment does assigned to the SIU by the Government The Senator from Ohio [Mr. DEWINE] pro- not deal directly with this food. What of Haiti. The Government has re- poses an amendment numbered 903. it does deal with is the bigger problem quested that close to two dozen of Mr. DEWINE. Mr. President, I ask of the orphanages of Haiti. I have had those cases be investigated on a ‘‘prior- unanimous consent that reading of the the opportunity to visit at least 12 of ity basis.’’ However, sadly, not enough amendment be dispensed with. these orphanages in Haiti over the last progress has been made on these high- The PRESIDING OFFICER. Without few months. There are at least 70 such profile political murder cases. In fact, objection, it is so ordered. orphanages just in the Port-au-Prince to date, none of the cases have been The amendment is as follows: area alone, containing thousands of successfully prosecuted. On page 10, line 4, strike ‘‘Institute.’’ and children. It is something to see and Mr. President, the SIU is being inte- insert ‘‘Institute: Provided further, That of something to behold to see the work grated slowly into the newly formed ju- the funds made available under this heading that is being done. These orphanages dicial police and is receiving more and for Haiti, up to $250,000 may be made avail- would break a person’s heart, and does, more political support, and support able to support a program to assist Haitian when you see the children who are from the Haitian people. The people of children in orphanages.’’. there. This amendment sets aside a rel- Haiti want to turn the corner on their On page 18, line 2, before the period insert atively small amount of money to look the following: ‘‘: Provided further, That of the long history of political violence. Con- at this problem from the long range. tinued assistance and targeted assist- amount appropriated under this heading, not Frankly, Mr. President, due to lack less than $500,000 shall be available only for ance to the SIU would strengthen Haiti of resources the orphanages in Haiti the Special Investigative Unit (SIU) of the and strengthen United States-Haiti re- Haitian National Police’’. cannot take in many of the needy chil- lations as well. On page 93, strike lines 7 through 24 and in- dren. This amendment would provide No. 3, and probably most important. sert the following: much-needed resources to help allevi- This amendment would limit assist- LIMITATION ON ASSISTANCE FOR HAITI ate the demand on these orphanages, ance to Haiti, unless four conditions SEC. . (a) LIMITATION.—None of the funds by helping take care of the children in are met: appropriated or otherwise made available by other ways. Funds are made available if the Clearly, what these children need, in this Act may be provided to the Government President reports to Congress that the of Haiti unless the President reports to Con- the final analysis, is not just tem- Government of Haiti, No. 1, is conduct- gress that the Government of Haiti— porary shelter, but permanent place- ing thorough investigations of (1) is conducting thorough investigations ment in safe, stable homes where they extrajudicial and political killings; No. of extrajudicial and political killings; can count on food and clothing. The (2) is cooperating with United States au- 2, is cooperating with the United funds provided by this amendment thorities in the investigations of political States authorities on this matter; No. would help make that permanent home and extrajudicial killings; 3, has made progress in privatizing a reality for more of Haiti’s children. It (3) has made demonstrable progress in major Government-owned enterprises, privatizing major governmental parastatals, would do this by bringing about some including progress toward the material including demonstrable progress toward the coordination among the orphanages material and legal transfer of ownership of and coordination with respect to our and legal transfer of ownership of these such parastatals; and AID mission. enterprises; finally, No. 4, that the gov- (4) has taken action to remove from the Mr. President, the second part of our ernment is taking action to remove Haitian National Police, national palace and amendment would specify that no less from the Haitian national police, and residential guard, ministerial guard, and any from related agencies, individuals who other public security entity of Haiti those than $500,000 be made available, and made available only for the Special In- are alleged, credibly alleged, to have individuals who are credibly alleged to have engaged in or conspired to conceal engaged in or conspired to conceal gross vio- vestigation Unit, the SIU, of the Hai- lations of internationally recognized human tian national police. gross human rights violations. rights. Mr. President, in my visits to Haiti I Now, Mr. President, in essence, my (b) EXCEPTIONS.—The limitation in sub- have talked with members of the SIU, amendment is designed to make clear section (a) does not apply to the provision of and I talked with the American con- that Congress does not intend United humanitarian, electoral, counter narcotics, tract officer who is down there assist- States assistance to Haiti to be viewed or development assistance. ing the SIU unit. One of the things that as unconditional. In fact, the first two (c) WAIVER.—The President may waive the we have observed and that this country conditions that I have just mentioned requirements of this section on a semiannual were already imposed by Congress in basis if the President determines and cer- has promoted in emerging democracies tifies to the appropriate committees of Con- is the belief that if a country is to the form of an amendment sponsored gress that such waiver is in the national in- emerge as a democracy, whether it be by our distinguished colleague, former terest of the United States. Haiti, whether it be Bosnia, wherever majority leader of the U.S. Senate, (d) PARASTATALS DEFINED.—As used in this in the world, that the country has to Senator Bob Dole. By adding the new section, the term ‘‘parastatal’’ means a gov- turn its back on its past and has to third and fourth conditions, this ernment-owned enterprise. stop tolerating political murders, po- amendment strengthens the Dole Mr. DEWINE. Mr. President, my litical killings, political crimes, wheth- amendment that currently governs our amendment is an attempt to strength- er they occur from the left or from the policy toward Haiti. en our aid program to the troubled re- right. The SIU unit has a very specific Now, the limitations I propose will public island of Haiti. It would help task. Its task is to target these politi- not apply to the provision of humani- make sure that United States assist- cal murderers, to bring them to justice, tarian, electoral, counternarcotics, or ance is properly targeted, so it can be and to see that they are successfully developmental assistance, and it does, more readily effective in areas vital to tried. By doing that, and only by doing as the Dole amendment does, contain a United States interests. that, Mr. President, can we effectively ‘‘national interest’’ presidential waiv- Mr. President, my amendment does see justice in these emerging democ- er. three things. No. 1, it provides up to racies. And only by doing this can the Mr. President, the amendment cur- $250,000 for a program to assist Haitian people of the country understand that rently in force which limits assistance children currently in orphanages. democracy not only means free elec- to Haiti, the Dole amendment, has Today, Mr. President, Catholic Relief tions, but democracy also means jus- been waived four times over the last Services [CRS], and the Adventist De- tice, and these days of political two years by this administration. velopment and Relief Agency [ADRA] killings must be over. I believe the conclusion is clear. To support thousands of Haitian children. It is important, Mr. President, that make sure United States interests in They basically administer AID Food. support for the SIU investigations con- Haiti are protected, that amendment July 16, 1997 CONGRESSIONAL RECORD — SENATE S7583 needs to be strengthened. That is the full. IDA funds come largely from con- human rights. Would the Chairman purpose of this amendment that I am tributions of 35 donor countries nego- agree that this provision only applies offering today. tiated in general replenishment. In- to units of the security forces of a for- Mr. President, Haiti is now in the creasingly, repayments of past IDA eign country that currently have mem- midst of a political crisis. The resigna- loans are supplementing IDA income. bers against whom we have credible tion of Prime Minister Rosny Smarth As a result, the U.S. share of contribu- evidence of gross violations of human on June 9 has laid bare a very serious tions to IDA has decreased by 20 per- rights. problem of leadership. For a number of cent since it was established in 1960. Mr. LEAHY. That is correct. reasons, which include the political The administration’s request of $1.035 Mr. GRAHAM. So that if a unit was prominence of former President billion for IDA is divided into two believed to have had, at some time in Aristide, the current President, Presi- parts: $235 million to meet U.S. pay- the past, a person against whom we dent Preval—despite some truly heroic ments to IDA’s 10th replenishment and have credible evidence of human rights efforts—has not yet been able to effec- $800 million for the first of two U.S. abuses, but that no such person cur- tively promote economic reform. payments for IDA–11. The subcommit- rently is a member of such a unit, that Mr. President, if this crisis is not tee recommends $950 million in funding unit would be eligible to receive assist- met successfully, it could pose a real for IDA for fiscal year 1998. This would ance under this act? threat to United States policy inter- fully fund the first U.S. payment for Mr. LEAHY. That is correct. ests and to the overall investment the IDA–11 but not fully meet payment Mr. GRAHAM. I thank my colleague, United States has made in Haiti since owned for IDA–10. I support increasing the Senator from Vermont, and I look our deployment of troops beginning in the appropriation for IDA by $84.5 mil- forward to working with him on this September 1994. In my view, Mr. Presi- lion to fund both replenishments in matter in the future. dent, if President Preval is given the full. Ms. MIKULSKI. Mr. President, I space to govern, there is no reason to I appreciate the work that the sub- would like to engage in a colloquy with believe he will not make the necessary committee has done to address a major the distinguished ranking member of reforms—as he did previously in pro- concern associated with IDA: Restric- the Foreign Operations Subcommittee. moting fiscal austerity over the last 16 tions on U.S. procurement opportuni- It is my understanding that the for- months. ties imposed by the Interim Trust eign operations bill for fiscal year 1998, Mr. President, we want to help Presi- Fund [ITF]. The ITF was created by do- S. 955, includes an increase of $30 mil- dent Preval find that space to govern. nors who did not want to disrupt IDA’s lion to combat infectious diseases such That is one major purpose of the operations by leaving a 1-year gap in as TB, malaria, dengue fever, and the amendment that I am proposing. new funding when the U.S. budget situ- ebola virus. In conclusion, Mr. President, we as a ation precluded us from meeting com- It has been brought to my attention nation cannot afford to wash our hands mitments to both IDA–11 and IDA–10. that the Gorgas Memorial Institute is of a country in which we have made At that time, controversy emerged developing an innovative regional TB such a sizable investment. The amend- over the terms of the ITF which lim- control initiative designed to address ment I am proposing today would make ited decisionmaking and procurement major issues in reducing the global TB our aid more effective and would help to contributing countries only. As a re- epidemic through training and new ap- the forces in Haiti that are fighting the sult, U.S. officials and businesses were proaches to disease control. I believe uphill battle for genuine reform. excluded from participating in projects the work done at the institute would Mr. President, I request a voice vote. financed by the $3.3 million fund. Last fit well with the priorities outlined by The PRESIDING OFFICER. The year, the Foreign Operations appro- the committee. question is on agreeing to the amend- priations bill contained a provision Would the ranking member join me ment. that required the administration to in urging the Agency for International The amendment (No. 903) was agreed work with other donors to modify pro- Development to provide funding for to. curement restrictions. The administra- this initiative? Mr. MCCONNELL. Mr. President, I tion has negotiated an agreement with Mr. LEAHY. This initiative sounds move to reconsider the vote. the ITF whereby $1 billion, or about like the kind of initiative the commit- Mr. LEAHY. I move to lay that mo- one-third, of projects financed by the tee wanted to consider supporting in tion on the table. trust fund have not yet been com- providing these funds and I would en- The motion to lay on the table was pleted. Full funding of IDA–10 and IDA– courage AID to give full and fair con- agreed to. 11 will allow U.S. firms to bid on these sideration of the Gorgas Institute’s FULL FUNDING FOR THE INTERNATIONAL contracts. The Foreign Operations Sub- proposal. DEVELOPMENT ASSOCIATION committee’s efforts on the matter of NAGORNO KARABAGH Mr. JEFFORDS. Mr. President, today U.S. procurement are commendable. Ms. MIKULSKI Mr. President, I I voice my support for meeting U.S. SECTION 569 would like to engage the ranking mem- commitments to the International De- Mr. GRAHAM. Mr. President, I would ber of the Foreign Operations Sub- velopment Association [IDA] by fully like to engage in a colloquy with the committee in a colloquy regarding hu- funding replenishment to IDA–10 and distinguished ranking member, Mr. manitarian assistance to Nagorno IDA–11. LEAHY, regarding the meaning and in- Karabagh. The International Development Asso- tent of a provision in this bill, section The conflict in Nagorno Karabagh ciation was established in 1960 to lend 569. This involves a matter of great im- has cost over 15,000 lives and has cre- to the poorest and least creditworthy portance to my colleague Mr. LEAHY ated severe economic hardship and dep- developing countries on confessional and myself—human rights. I commend rivation. In Nagorno Karabagh there terms. Only countries with a per capita my colleague for his leadership on this are thousands of land mines directly income below $905 with limited or no important issue. threatening lives and stifling agricul- ability to borrow on market terms and I share your concern that U.S. for- tural production. There is a severe a record of using IDA resources effec- eign assistance funds not be used by shortage of medicines and vaccines. tively are eligible. Currently, 79 coun- perpetrators of gross violations of This shortage has made it difficult to ties meet IDA’s loan criteria—55 per- human rights. I also share your inter- treat and prevent intestinal and acute cent of the world’s population. Twenty est in ensuring that perpetrators of respiratory infectious diseases in chil- countries have graduated from IDA. such crimes are brought to justice. To dren. The Azerbaijani and Turkish Very notably, three of these graduate this end, section 569 of this act pre- blockades have substantially worsened countries—Botswana, Korea, and Tur- vents funds made available under this these problems. key—are now IDA donors. This is a act from being provided to any unit of The U.S. Agency for International solid rate of success. the security forces of a foreign country Development and the United Nations IDA provides development assistance if the Secretary of State has credible provide humanitarian aid to Armenia to poor countries through loans, rather evidence to believe a member of such and Azerbaijan—but this aid does not than grants. Loans must be repaid in unit has committed gross violations of get to the people of Nagorno Karabagh. S7584 CONGRESSIONAL RECORD — SENATE July 16, 1997 Nongovernmental organizations do pro- S. 955, FOREIGN OPERATIONS APPROPRIATIONS, 1998, ticularly through the provision of mili- vide a small amount of humanitarian SPENDING COMPARISONS—SENATE-REPORTED BILL— tary equipment. I commend the man- assistance to the people of Nagorno Continued agers of this bill for including this im- Karabagh, but these programs receive [Fiscal year 1998, in millions of dollars] portant restriction, and am hopeful no funding from USAID. that it will be enacted into law. Non- Mr. LEVIN. I am pleased that the bill I strongly believe that the United De- de- Crime Man- Total States should provide funds to non- fense fense datory managers were able to accept my amendment to prohibit Army Corps governmental organizations to provide House-passed bill: aid to all areas of conflict in the Budget authority ...... 16,721 ...... 44 16,765 consideration of permits that would re- Caucasus—including Nagorno Outlays ...... 13,083 ...... 44 13,127 sult in the diversion of ground water Karabagh. Politically based discrimi- Note: Details may not add to totals due to rounding. Totals adjusted for from the Great Lakes Basin. nation against providing humanitarian consistency with current scorekeeping conventions. As my Great Lakes colleagues know, assistance to particular categories of SECTION 571 the Army Corps recently stated its recipients is against our values—and is Mr. CHAFEE. Mr. President, I am opinion that ground water is not cov- inconsistent with America’s long-term pleased that this bill has come to the ered by section 1109 of the Water Re- foreign policy goals. Senate floor, and commend the Senator sources Development Act of 1986. This Mr. President, few people have done from Kentucky and the Senator from section states that, ‘‘No water shall be more to provide aid to people in need Vermont for all of their hard work in diverted from any portion of the Great than the Senator from Vermont. I authoring this important legislation. Lakes within the United States, or from any tributary within the United would like to ask him if he will con- S. 955 provides increased funding for State of any of the Great Lakes, for tinue to work with me to remove any international affairs functions of our use outside the Great Lakes Basin un- constraints in providing humanitarian Government, a priority that has been less such diversion is approved by the aid to the people of Nagorno Karabagh? neglected in recent years. I agree with Mr. LEAHY. I appreciate the Sen- Secretary of State Madeline Albright, Governor of each of the Great Lakes States . . .’’ and places contraints on ator’s position. I strongly support the who has argued that we can no longer funds for any Federal agency study of principle of delivering humanitarian conduct foreign policy on the cheap. the feasibility of such a diversion. As I aid to those in need in the Caucasus Section 571 of this bill is a briefly have indicated to the Army Corps, a and will work with her in the con- worded but very significant restriction careful review of the act’s legislative ference to try to ensure that these on U.S. military assistance. Mr. Presi- history, the Great Lakes Charter, the needs are met. dent, Indonesia is an emerging power Boundary Waters Treaty of 1909, the Mr. DOMENICI. Mr. President, the in South Asia that has a very consider- Federal charter of the Great Lakes Senate is now considering S. 955, the able economic relationship with the Commission and its predecessor, and foreign operations and export financing United States. I have long believed subsequent congressional authoriza- appropriations bill for fiscal year 1998. that we should fully engage the devel- tions and appropriations referencing The Senate bill provides $16.8 billion oping world not only for our own eco- the waters of the Great Lakes Basin, in budget authority and $5.1 billion in nomic interests, but also so that the shows that ground water recharging or new outlays to operate the programs of citizens of these nations can enjoy eco- discharging into the Great Lakes is the Department of State, Export and nomic prosperity. Such economic de- clearly part of the Great Lakes Basin Military Assistance, Bilateral and Mul- velopment is the best means of enhanc- hydrologically speaking and is there- tilateral Economic Assistance, and Re- ing long-term peace and stability. fore not divertable without adherence lated Agencies for fiscal year 1997. Unfortunately, though, Indonesia has to section 1109. In a nutshell, I disagree When outlays from prior year budget yet to join the community of nations with the Corps’ conclusion. authority and other completed actions in respecting basic human rights and Mr. President, I look forward to are taken into account, the bill totals permitting political freedom. Indo- working with my colleagues in the $16.8 billion in budget authority and nesia’s continuing repression of East Great Lakes region and the conferees $13.1 billion in outlays for fiscal year Timor has dampened hope that this na- to keep this provision intact. This 1- 1998. tion’s tremendous economic success year prohibition will provide time for The subcommittee is at its section will be matched by progress on human the appropriate parties to get together 602(b) allocation for budget authority rights and democracy. In just the past and determine how best to proceed, in- and outlays. month, international human rights ac- cluding possible legislative clarifica- Mr. President, I ask unanimous con- tivists have cited the disappearance tion, to permanently prevent covert di- sent that a table displaying the Budget and possible torture of a number of versions of a very precious resource, Committee scoring of this bill be in- East Timorese civilians. This news ground water in the Great Lakes Basin. serted in the RECORD at this point. comes as the State Department has Mrs. MURRAY. Mr President, as a I urge the adoption of the bill. sharply criticized Indonesia’s human member of the Foreign Operations Sub- There being no objection, the table rights record in its annual report is- committee, I want to commend both was ordered to be printed in the sued in January. Chairman MCCONNELL and Senator RECORD, as follows: These events are just the latest ex- LEAHY. Once again, the leadership of amples of the Indonesian Government’s the subcommittee has produced a bill S. 955, FOREIGN OPERATIONS APPROPRIATIONS, 1998, continuing denial of fundamental SPENDING COMPARISONS—SENATE-REPORTED BILL that I am sure will be widely and rights to the people of East Timor. bipartisanly supported by the Senate. [Fiscal year 1998, in millions of dollars] This past May, Indonesia held an elec- I also want to take this opportunity tion which was widely discredited as to commend Secretary of State Mad- De- Non- Man- de- Crime Total undemocratic. This election, which re- eleine Albright. The Secretary ap- fense fense datory turned the ruling party to power as has peared before the subcommittee to ex- Senate-reported bill: been done in every election since 1971, plain and justify the administration’s Budget authority ...... 16,721 ...... 44 16,765 Outlays ...... 13,083 ...... 44 13,127 was marred by violence that killed 200 increased request for this bill. But she Senate 602(b) allocation: people. Clearly, Indonesia must end its went further than this, further than Budget authority ...... 16,721 ...... 44 16,765 Outlays ...... 13,083 ...... 44 13,127 behavior that has caused so much pain her Democratic and Republican prede- President’s request: and suffering among its people. cessors at the State Department. Sec- Budget authority ...... 16,844 ...... 44 16,888 Outlays ...... 13,171 ...... 44 13,215 Mr. President, section 571 would sim- retary Albright has taken the case for House-passed bill: ply prevent United States military foreign aid and the work of this sub- Budget authority ...... Outlays ...... equipment sold or transferred to Indo- committee directly to the American SENATE-REPORTED BILL COMPARED TO— nesia from being used in East Timor, people. She has done a remarkable job Senate 602(b) allocation: Budget authority ...... the site of the most egregious human conveying to our constituents the ben- Outlays ...... rights violations committed by this efits to the American people of our role President’s request: Budget authority ...... (123) ...... (123) government. The United States should in the world and the importance of con- Outlays ...... (88) ...... (88) have no part of this oppression, par- tinued U.S. leadership abroad. July 16, 1997 CONGRESSIONAL RECORD — SENATE S7585 The foreign operations, export fi- and the west coast of the United I am pleased that the chairman of nancing, and related programs Appro- States. Washington State is as in- the subcommittee, Mr. MCCONNELL has priations bill provides monies to meet volved in the Russian Far East as any offered an amendment to restore the a great number of important policy ini- State in the country. Chairman STE- earmark for Egypt in the bill. I believe tiatives. I want to use my time today VENS is also personally very knowl- that there should be a time in the not to draw attention to just a few of the edgeable about the importance of this too distant future when the earmarks important initiatives. region as Alaska also maintains many for Egypt and Israel should be reduced Importantly and with my full sup- direct ties to the Russian Far East. and finally eliminated. They are in ef- port, this bill fully funds the Adminis- The Committee bill also contains fect entitlements which have ac- tration’s assistance request for our many important provisions to children. counted for a large percentage of our democratic ally Israel. I visited Israel It contains funding for UNICEF and national program, and I do not think late last year with a delegation of my other child survival programs. Our bill they should be regarded as permanent. constituents. It was my first trip to the provides moneys to educate young girls They must be subject to review just as Middle East. The trip was a wonderful as well as provide microcredit loans to the rest of our programs are. Having experience that has benefited me per- young families and women in the de- said that, however, I believe that, so sonally and professionally as I ap- veloping world. These funds make an long as the earmark for Israel remains proach my work at the Foreign Oper- enormous difference in the lives of mil- in the bill, that for Egypt must as well. ations Subcommittee. I met with lions of children and families in the Egypt has been a pillar of strength Prime Minister Netanyahu, with the world. and support for the United States chief Palestinian negotiator, and with I have touched on just a few of the across the board. It has served to pick the Norweigian diplomats who nego- the provisions within this important up the flagging momentum of the tiated the Oslo accords. I met with the bill. Again, I want to thank the man- peace process which resulted from the Ambassador to Israel, toured impor- ager’s for bringing this legislation to negative actions by the Israeli Prime tant historic and cultural sites, and the Senate today. And I encourage my Minister and his right wing constitu- stood atop the Golan Heights. More colleagues to support the foreign oper- ency in initiating inflammatory new than ever, I am convinced that the for- ations legislation. settler housing in disputed Arab terri- eign assistance moneys provided by Mr. BYRD. Mr. President, I wish to tories throwing a cold bucket of water this legislation to Israel and in support commend the managers of the FY 1998 on the momentum of that process. The of the peace process are warranted and Foreign Operations Appropriations bill Egyptian government has acted with of strategic importance to the United for their hard work in fashioning this courage and constancy in bringing its States. measure, and for getting it to the floor good offices to bear as an intermediary This bill is also a key tool in our ef- in a timely manner. The bill appro- between the Israeli government and forts to increase U.S. exports and to priates some $13,244,208,000 for the pro- the Palestinians as a time when the generate new jobs all across the coun- grams in FY 1998, is within its 602(b) United States needed help in that role;. try. The provisions of this bill provid- Allocations, and is below the amount I did not agree with removing the ear- ing moneys for the Export-Import requested by the Administration by mark for Egypt, just at a time when I Bank of the United States, the Over- about $116 million think Egyptian actions were serving as seas Private Investment Corporation The committee in its report indicates invaluable support for the United and the Trade Development Agency are that the time is arriving for a review of States in keeping the peace process vitally important to my constituents. our priorities and programs in this moving against a difficult adverse cur- A recent 1997 study titled, ‘‘Foreign area, a bottom up review and a new rent established by Israeli actions. So, Exports and the Washington State scrutiny over programs and the extent encourage the President of Egypt, Mr. Economy,’’ concluded that ‘‘no state to which they serve U.S. interests Mubarak, to continue his efforts to derives more economic benefit from abroad. I am pleased that the Commit- play the constructive role that he has the production of goods and services tee has focused on the progress we are been playing in the Middle East. for the foreign markets that Washing- making in supporting the growth of de- I would also point out, Mr. President, ton State.’’ Shortly after the turn of mocracy and free market economies in that Egypt and the United States have the century, one in three Washington Eastern Europe, the former states of a special security relationship, a rela- State jobs will be reliant upon inter- the Soviet Union, and Russia and the tionship that proved invaluable to the national trade. Jobs related to trade in Ukraine. Certainly the payoff for help- United States during the Gulf War my state also paid wages 46 percent ing stabilize and nurture the growth of against Kuwaiti aggression, is the basis higher than the State average. These solid democratic institutions is far for extensive exercises and joint oper- trade promotion programs are priority preferable to the extreme expense of ations day in and day out, together in issues for me and I am pleased that maintaining arms races, such as we the Middle East. Our two nations work we’ve met the administration’s request had to do during the course of over four closely together to counter terrorism, for these programs. In the case of the decades of cold war. and extremism, to protect the secure Ex-Im Bank, the subcommittee has ex- I am pleased that the Committee has flow of oil from that region, and the ceeded the administration’s request. included a provision that I suggested to safe use of the vital air and sea routes Another key component of this bill is provide traditional incentives, through in the region. It should be clear that our assistance program to Russia and programs such as the EXIM Bank, Egypt’s important strategic, geo- the newly independent states. This as- OPIC, the Trade and Development Pro- graphical position, commanding the sistance is as important as any granted gram and the Foreign Commercial waterways linking the Gulf, Europe by the United States. It is a small price Service, to American companies oper- and the United States, makes her an to pay to ensure that the trillions of ating in the oil-rich new sovereign na- indispensable strategic partner of the dollars spent on the cold war does not tion of Azerbaijan. The bill pays appro- United States. This is a relationship go to waste. Certainly there are prob- priately high attention to the that requires nurturing and regular lems on the ground in Russia and the Caucasus, including Georgia, and Ar- dialogue and support. NIS countries; religious persecution, menia, as well as Azerbaijan, and I Mr. BIDEN. Mr. President, I support political and economic corruption, think it is appropriate. American com- the foreign operations appropriations weapons proliferation and environ- panies need the unstinting support of bill now before the Senate, which will mental pollution to name just a few. our government so as to compete effec- provide the necessary funds for foreign The United States must be diligent in tively in that region, in light of the assistance programs of the United tackling these problems as they arise fact that foreign nations provide heavy States in the coming fiscal year. For- in our continuing efforts to promote assistance to their firms in that region. eign aid is an important component of and support democracy. We need to keep the playing field level U.S. foreign policy. In addition to I am particularly interested in our so that our firms stand a fighting being a tangible demonstration of efforts to increase and highlight the change of success in that region in the American leadership, it is a key instru- linkages between the Russian Far East development of Caspian region oil. ment in encouraging and supporting S7586 CONGRESSIONAL RECORD — SENATE July 16, 1997 American values of democracy, respect enhanced funding levels for foreign as- Mr. President, eliminating the symp- for human rights, and free trade. sistance programs. toms and the causes of this problem is In recent years, foreign policy spend- I wish to congratulate Senator not only the humane thing to do. It is ing has suffered drastic cutbacks. Ac- MCCONNELL and Senator LEAHY once also a necessary prerequisite for global cording to a study of the Congressional again for their work on this important stability and for global prosperity. Research Service, prepared earlier this piece of legislation. I urge my col- In my view, Mr. President, Congress year at my request, foreign policy leagues to support it. needs to maintain its support for these spending for the current fiscal year is CHILD SURVIVAL AND DISEASE PROGRAMS very valuable programs. It is my hope at its lowest level in 20 years. Mr. DEWINE. Mr. President, I express that the Senate Foreign Operations Moreover, the steepest reductions in my strong support for the child sur- Subcommittee will, when we go to con- our foreign policy budget have come in vival and disease program fund. I un- ference, accept the House language. foreign assistance, which at $11.5 bil- derstand that the House Committee on The child survival and disease pro- lion last year, in fiscal year 1998 dol- Appropriations, as a part of its foreign grams are effective, they are impor- lars, is lower, in real terms, than any operations, export financing, and relat- tant, and they should, Mr. President, year of the last twenty, and some 36 ed programs bill, has recommended be continued. percent below the historical average of that $650 million be allocated to the Mr. President, I see the distinguished that period. fund’s programs for fiscal year 1998. On chairman of the Senate Foreign Oper- Mr. President, this year’s foreign op- the House side, the subcommittee ations Subcommittee on the floor, and erations bill thankfully has started to Chairman CALLAHAN has taken the my colleague from the State of Ken- reverse this precipitous decline. It pro- lead, as my colleague from Ohio, Con- tucky. I wonder if he has any comment vides $13.24 billion for foreign assist- gressman TONY HALL, has also in pro- about this. Mr. MCCONNELL. Mr. President, I ance and export financing programs. I tecting these child survival programs. I have listened closely to the comments commend the Appropriations Commit- commend him for his leadership on this of my good friend from Ohio, and I tee for its hard work and applaud the issue. would like to thank him for them and bipartisan effort its members have The Clinton administration, however, commend him for his tireless efforts in shown in enhancing the level of fund- has not specifically designated any di- supporting the children’s causes, not ing for our Nation’s foreign assistance rect funding for the child survival pro- only here in the United States but programs. grams. Mr. President, in order to pre- throughout the world. This legislation provides enhanced serve the benefits of these important I would like to assure my good friend funding for critical foreign assistance programs for children worldwide, I be- from Ohio that I will give every pos- programs, a few of which I will men- lieve that the Senate should accept, sible consideration to his request when tion briefly. when we go to conference, the House we go to conference with the House on The Appropriations Committee has language that was agreed to in com- the bill. recognized the importance of develop- mittee for this fund. It is, I believe, Mr. Mr. DEWINE. I appreciate that very ment assistance programs by providing President, a tragedy, that millions of much. $1.8 billion, $100 million over the Presi- children die each year through disease, Mr. President, if I could inquire of dent’s request. malnutrition, and other consequences my colleague from Kentucky, I have a While the $485 million appropriated of poverty that are both preventable statement which I would like to give at for the seed program for newly democ- and treatable. The programs in the some point this evening in regard to ratizing countries in Eastern Europe is child survival fund, which are intended the vote we are going to have tomor- regretfully below the President’s re- to reduce infant mortality and improve row. I can refrain from doing that if it quest, the Committee’s recommenda- the health and nutrition of children, works with the chairman’s schedule, or tion of $800 million for the nations of address the various problems of young I can do it now. the former Soviet Union will allow our people struggling to survive in develop- Mr. MCCONNELL. I have a block of Nation to continue its efforts to bring ing countries. amendments that have been cleared on democracy, stability, and prosperity to Mr. President, this fund places a pri- both sides that I would like to offer. those former Communist States. ority on the needs of more than 100 Senator BENNETT is also here. Mr. President, I am somewhat con- million children worldwide who are dis- Mr. DEWINE. I yield the floor at this cerned about the considerable number placed and/or who have become or- time, Mr. President. of earmarks in this bill, and the num- phans. The fund includes initiatives to The PRESIDING OFFICER. The Sen- ber of ‘‘subearmarks,’’ that is, designa- curb the resurgence of communicable ator from Kentucky. tion of funds for specific programs diseases, such as malaria and tuber- AMENDMENTS NUMBERED 904 TO 919, EN BLOC within specific countries in Eastern culosis, in the underdeveloped world, Mr. MCCONNELL. Mr. President, I Europe and Eurasia. eradicating polio, as well as preventing am going to submit all of the following I am not opposed to earmarks in and controlling the spread of HIV and to be considered en bloc. They have principle; Congressional priorities AIDS. been approved by Senator LEAHY. often differ with those of the executive Mr. President, aside from the ad- A Kyl amendment earmarking legal branch, and the Congress has every dressing issues of health, the fund also aid for Ukraine; a Kyl amendment add- right to protect those priorities by spe- supports basic education programs. In- ing ballistic missiles to Iran restric- cific earmarks. vestment in education yields one of the tions; a Baucus amendment relating to But the proliferation of such provi- highest social and economic rates of the P.R.C. environment programs; an sions unduly limits the administra- return because it gives children the Enzi amendment relating to climate tion’s flexibility in a region that is necessary tools to become self-suffi- change; a Hagel amendment authoriz- constantly in flux. So I hope the com- cient adults. Each additional year of ing OPIC; a Lautenberg-Kennedy mittee will consider reducing the num- primary and secondary education re- amendment on Libya; a Leahy amend- ber of earmarks in the conference with sults in a 10-to-20 percent wage in- ment on war crimes; a Domenici Law the House. crease, and a 25-percent net increase in Enforcement Center amendment; a Mr. President, unfortunately it has income. Dodd amendment on IMET in Latin become popular of late to assert that Mr. President, the programs sup- American; an amendment by Senator foreign aid is merely the foreign policy ported by the child survival fund are TORRICELLI on terrorism in Sri Lanka; equivalent of welfare—a supposed mas- effective, and they are effective be- a Durbin amendment on Peru IMET; a sive giveaway that yields few benefits cause they save three million lives Leahy-Lugar-Sarbanes amendment on to American interests. each year through immunization, vita- bank authorization; a D’Amato-Helms- To the contrary, American contribu- min supplementation, oral rehydration Faircloth amendment on the NAB; a tions to these efforts are an important therapy, and also through the treat- Leahy amendment on demining; a way in which we protect our interests ment of childhood respiratory infec- Faircloth amendment on the Congo; abroad, a fact that the Appropriations tions which are the second largest kill- and a Lott, et al, amendment on NATO Committee has recognized through its er of children on Earth. expansion. July 16, 1997 CONGRESSIONAL RECORD — SENATE S7587 Mr. President, I send those amend- ministration. It offers technical help That is why this amendment has got- ments to the desk en bloc. with environmental policy, and brings ten very broad support. The State De- The PRESIDING OFFICER. The foreign governments together with partment supports it. American envi- clerk will report. American producers of environmental ronmental and business groups support The legislative clerk read as follows: services and technologies. it. And Chinese dissidents, support it. The Senator from Kentucky [Mr. MCCON- In several Southeast Asia countries, Let me quote from a letter I received NELL] proposes amendments numbered 904 AEP has helped us achieve environ- from the China Strategic Institute, through 919 en bloc. mental goals and to boost American founded by former political prisoner Mr. MCCONNELL. Mr. President, I exports to a region where we suffer Wang Juntao: ask unanimous consent that reading of large trade deficits. But the Asian En- The China Strategic Institute is pleased to the amendments be dispensed with. vironmental Partnership does not now learn of your efforts to bring the US-Asia The PRESIDING OFFICER. Without operate in China. That is because it re- Environmental Partnership to the People’s Republic of China. Not only can such a pro- objection, it is so ordered. ceives some funds from the Agency for gram assist China in combating the severe The amendments en bloc are as fol- International Development, which is environmental degradation that plagues the lows: barred from operating in China. Chinese population, but also . . . the devel- AMENDMENT NO. 904 It is very clear, of course, that we do opment of civil society. I strongly hope that (Purpose: To allocate funds for legal restruc- not need a foreign aid program for this amendment finds the support to become turing in Ukraine necessary to support a China. China has a lot of money and is law. decentralized market-oriented economic quite capable of supporting itself. To sum up, with this amendment we system) But it is just as clear that we need a can do something good for everyone. On page 23, line 17, insert after ‘‘Provided,’’ sound approach to environmental prob- By passing it, we can promote Amer- the following: ‘‘That of the funds made avail- lems in China. Whether you look at ican exports. We can do something able for Ukraine under this subsection, not water pollution, urban air, rural lakes good for the Chinese people. We can less than $25,000,000 shall be available only and streams, or hazardous waste, China promote the interest of both countries for comprehensive legal restructuring nec- is one of the world’s most polluted in a healthy environment. And we essary to support a decentralized market-ori- won’t spend any more money. So I hope ented economic system, including the enact- countries. That causes a great deal of suffering for Chinese people. And as the Senate will support it. ment of all necessary substantive commer- Thank you, Mr. President. cial law and procedures, the implementation China grows, it makes more and more of reforms necessary to establish an inde- contribution to global climate change, AMENDMENT NO. 907 pendent judiciary and bar, the education of ocean pollution, and other phenomena (Purpose: To ensure Congressional notifica- judges, attorneys, and law students in the which affect China’s neighbors and tion of the costs to the Federal Govern- comprehensive commercial law reforms, and ment of all federal programs associated even us here in the United States. with the proposed agreement to reduce public education designed to promote under- We in America can help ease these standing of commercial law necessary to greenhouse gas emissions pursuant to the Ukraine’s economic independence: Provided problems. We can provide some human- Framework Convention on Climate Change further,’’. itarian relief from needless suffering (FCCC) caused by unsafe water, air and waste. At the appropriate place in the bill, insert AMENDMENT NO. 905 We can help protect ourselves from fu- the new section as follows: (Purpose: To prohibit assistance to Russia ture environmental threats. SEC. . REQUIREMENTS FOR THE REPORTING TO unless Russia terminates activities relat- And we can gain some benefit for CONGRESS OF THE COSTS TO THE FEDERAL GOVERNMENT ASSOCI- ing to ballistic missile or nuclear programs ourselves in the process. We are among ATED WITH THE PROPOSED AGREE- in Iran) the world’s most competitive producers MENT TO REDUCE GREENHOUSE On page 25, line 24, insert after ‘‘reactor’’ of environmental goods and services, GAS EMISSIONS. the following: ‘‘or ballistic missiles’’ and with some effort we can create a (a) The President shall provide to the Con- gress a detailed account of all federal agency large foreign market for our compa- AMENDMENT NO. 906 obligations and expenditures for climate nies. change programs and activities, domestic (Purpose: To permit funds made available to That brings me to the second reason the United States-Asia Environmental and international, for FY 1997, planned obli- we need this amendment. That is, we gations for such activities in FY 1998, and Partnership to be used for activities for any plan for programs thereafter in the con- the People’s Republic of China) need an export promotion policy for China. text of negotiations to amend the Frame- On page 102, between lines 9 and 10, insert work Convention on Climate Change (FCCC) the following: Last year, we exported about $14 bil- lion worth of goods and services to to be provided to the appropriate congres- USE OF FUNDS FOR THE UNITED STATES-ASIA sional committees no later than October 15, China, while importing about $51 bil- 1997. ENVIRONMENTAL PARTNERSHIP lion. So we had a $37 billion deficit. SEC. . Notwithstanding any other provi- Mr. MCCONNELL. Mr. President, let This year’s figures look no better. me commend the Senator from Wyo- sion of law that restricts assistance to for- The main reason for this deficit is eign countries, funds appropriated by this or ming for his efforts to fully disclose all any other Act making appropriations pursu- the massive set of tariffs, discrimina- the resources the Administration has ant to part I of the Foreign Assistance Act of tory inspection standards, quotas and allocated to the climate change issue. 1961 that are made available for the United other trade barriers erected by the Chi- To my knowledge nobody has been able States-Asia Environmental Partnership may nese government. But a second rea- to determine how much or from what be made available for activities for the Peo- son—one which we don’t really like to offices funds been spent on global cli- ple’s Republic of China. admit to ourselves—is that we do very mate change. Mr. BAUCUS. Mr. President, this is a little export promotion to China. It is imperative that we have a clear short, simple amendment dealing with Germans, Japanese, Southeast understanding of the resources being our China policy. It has the support of Asians and other competitors push ex- expended from all federal agencies and the State Department; business; and ports as hard as they can. We don’t offices for the purposes of education, Chinese dissidents. I hope it will also match their efforts anywhere in the lobbying and research. get the support of Congress. world, and we do worst of all in China, AMENDMENT NO. 908 The amendment, very simply, allows where agencies like AEP can’t operate. (Purpose: To amend the Foreign Assistance the Asian Environmental Partnership There is no doubt that costs us. Act of 1961 with respect to the authority of to operate in China. It does not add This is basically common sense. It is the Overseas Private Investment Corpora- any spending to the bill, and does not good for everyone. For no additional tion to issue insurance and extend financ- change the basics of the program in money, this amendment will help us ing) any way. So I hope this will not be con- export and improve our trade balance. On page 102, between lines 9 and 10, insert troversial. It will help us deal with some very dif- the following: Let me begin with a review of what ficult environmental problems. And it SEC. . AUTHORITY TO ISSUE INSURANCE AND EXTEND FINANCING. the Asian Environmental Partnership will, to some extent, supplement our (a) IN GENERAL.—Sectin 235(a) of the For- does. AEP is a small export promotion human rights goals by making life in eign Assistance Act of 1961 (22 U.S.C. 2195(a)) program created during the Bush Ad- China a little better. is amended— S7588 CONGRESSIONAL RECORD — SENATE July 16, 1997 (1) by striking paragraphs (1) and (2)(A) soil in violation of the sanctions. These There have also been several in- and inserting the following: countries include Niger, Nigeria, Saudi stances in which other countries have ‘‘(1) INSURANCE AND FINANCING.—(A) The Arabia, Egypt, and Ghana. permitted Libyan planes to land in maximum contingent liability outstanding The amendment we are offering their territory, despite the U.N. prohi- at any one time pursuant to insurance issued today would force countries that help under section 234(a), and the amount of fi- bition on such landings. nancing issued under section 234(b) and (c), Libya violate U.N. sanctions to choose If there are no consequences for vio- shall not exceed in the aggregate between 5 percent of their foreign as- lating the U.N. sanctions then the $29,000,000,000.’’; sistance and their support of a terror- sanctions are useless. If the United Na- (2) by redesignating paragraph (3) as para- ist state. tions is unwilling to enforce its own graph (2); and The amendment is forward looking. sanctions, the United States is left (3) by amending paragraph (2) (as so redes- It does not penalize any country for with no other choice but to impose uni- ignated) by striking ‘‘1997’’ and inserting past actions. Let me repeat that. It lateral measures. ‘‘1999’’. does not penalize any country for past In this unsatisfactory situation, the (b) CONFORMING AMENDMENT.—Paragraph actions. Nor does it single out any Lautenberg amendment is a modest (2) of section 235(a) of that Act (22 U.S.C. 2195(a)) as redesignated by subsection (a), is country. but necessary step for the United further amended by striking ‘‘(a) and (b)’’ Rather, it lays down a marker and States to take. Its provisions are not and inserting ‘‘(a), (b), and (c)’’. sends a signal that in the future violat- retroactive, but it puts other countries ing the international sanctions against on notice for the future. If they violate AMENDMENT NO. 909 Libya will have a financial cost. the U.N. sanctions against Libya, their (Purpose: To withhold assistance to coun- I urge my colleagues to adopt this action will cost them part of the U.S. tries that are violating United Nations amendment. aid they receive. sanctions against Libya) Mr. KENNEDY. Mr. President, I’m I urge the Senate to approve the On page 102, between lines 9 and 10, insert honored to be a sponsor of Senator amendment, and to take this reason- the following: LAUTENBERG’s amendment to withhold able step to see that justice is done for WITHOLDING ASSISTANCE TO COUNTRIES VIOLAT- 5 percent of United States assistance the victims of the Pan Am flight 103 ING UNITED NATIONS SANCTIONS AGAINST from any country which, in the future, terrorist atrocity. LIBYA violates the United Nations sanctions Mr. TORRICELLI. Mr. President, I SEC. 575. (a) WITHHOLDING OF ASSISTANCE.— against Libya. am proud to be an original co-sponsor Except as provided in subsection (b), when- It is nearly 9 years since December of the Kennedy-D’AMATO amendment, ever the President determines and certifies 1988, when Pan Am flight 103 was which would restrict aid to those coun- to Congress that the government of any bombed out of the sky over Lockerbie, tries which fail to comply with the country is violating any sanction against Scotland, killing 270 people, including United Nations sanctions against Libya imposed pursuant to United Nations 189 Americans. In 1991, after an exten- Libya. I rise today in strong support of Security Council Resolution 731, 748, or 883, sive international investigation, two then not less than 5 percent of the funds al- its passage. located for the country under section 653(a) Libyans were indicted for that terror- Earlier this month the U.N. Security of the Foreign Assistance Act of 1961 out of ist bombing, but they have never been Council renewed international sanc- appropriations in this Act shall be withheld brought to trial because the Govern- tions against Libya, as they have every from obligation and expenditure for that ment of Libya continues to defy the 120 days since they were first imposed country. international community. in 1992. Unfortunately, Mr. President, (b)EXCEPTION.—The requirement to with- United Nations sanctions against despite the fact that Libya refuses to hold funds under subsection(a) shall not Libya were first adopted in 1992. These comply with the will of the inter- apply to funds appropriated in this Act for sanctions prohibit international flights national community and extradite to allocation under section 653(a) of the Foreign to and from Libya, the supply to Libya the United States or Great Britain two Assistance Act of 1961 for development as- of aircraft, aircraft parts, military sistance or for humanitarian assistance. Libyan nationals indicted as suspects equipment and certain oil equipment. in the murders of 270 people, the sanc- Mr. LAUTENBERG. Mr. President, I They also freeze funds of the Libyan tions renewal was challenged by sev- am pleased that Senator KENNEDY is an Government and reduce the size of Lib- eral African states. original cosponsor of this amendment yan diplomatic missions abroad. This challenge is just the latest epi- along with Senators MOYNIHAN, It is obvious that the current sanc- sode in Libya’s arrogant international D’AMATO, and TORRICELLI. tions are too mild to bring about the campaign to avoid the justified oppro- This amendment would withhold 5 surrender of the suspects by Libya. brium of the international community. percent of funds made available in this Senator LAUTENBERG and I, and many Libya has gone so far as to intrude on bill to any country that the President of our colleagues on both sides of the the privacy of the victims of its crimi- determines violates United Nations aisle, have repeatedly called for strong- nality by writing directly to the Amer- sanctions against Libya. The amend- er sanctions, including an inter- ican families of Pan Am 103 proposing ment exempts development assistance national oil embargo against Libya, be- their supposed ‘‘compromise’’ with and humanitarian assistance. cause additional sanctions are clearly international law directly to the fami- As my colleagues know, the United necessary to achieve their goal and see lies. Mr. President, I cannot overesti- Nations imposed sanctions against that justice is done. Regrettably, many mate how damaging it is to the inter- Libya in 1992 in response to the Libyan of our European allies buy Libyan oil, ests of all democratic governments for Government’s failure to extradite to and have been unwilling to take this Libya to be thrown a lifeline by the Af- the United States or Scotland two Lib- step. rican members of the security council. yan intelligence agents indicted for the Even the current mild sanctions Libya’s U.N. Ambassador reportedly 1988 bombing of Pan Am Flight 103. One against Libya are not being enforced. said after the Security Council vote, hundred and eighty-nine Americans According to the Department of State, ‘‘We can from now on behave as if these were killed in that terrorist bombing. numerous violations of the sanctions sanctions were not there.’’ These sanc- The families of those innocent victims have occurred. But when the United tions are there, and they will remain. are still waiting for justice. States brings such cases to the atten- There are several episodes over the Among other things, the U.N. sanc- tion of the sanctions committee at the past two years that highlight the need tions prohibit international flights United Nations, the committee refuses for this amendment. Earlier this year, into and out of Libya. They also pro- to investigate them. a Libyan-registered aircraft flew from hibit supply to Libya of aircraft and Recently, for example, the United Libya to Niger and returned to Nigeria aircraft components. States provided evidence to the Secu- despite U.N. sanctions. Last July, Nonetheless, some countries in the rity Council sanctions committee, in- Muammar Qaddafi left Tripoli to at- international community continue to volving attempts by Libya to import tend an Arab summit meeting in Cairo. help Libya’s Khadaffi violate the sanc- aircraft parts, via Belgrade, in viola- He arrived in Egypt by plane and left tions. tion of the U.N. sanctions. The sanc- by plane, a clear violation of the ban For example, five countries have al- tions committee refused to investigate on air travel. In December, the CIA re- lowed Libyan airlines to land on their this violation. vealed that Ukraine agreed to three July 16, 1997 CONGRESSIONAL RECORD — SENATE S7589 different arms deals with Libya. The gaps in our Nation’s implementation of will constitute a war crime under this first involved the sale of $500 million the Geneva and Hague Conventions. amendment, once the United States worth of short-range ballistic missiles. The War Crimes Act of 1996 only per- ratifies this important protocol. A second deal called for Ukraine to mits prosecution for war crimes in the The International Committee of the provide maintenance services and spare United States if the person accused of Red Cross, the American Red Cross, the parts valued at $10 million. The third committing the crime, or the victim of State Department, the Department of agreement involved Iran’s purchase of a war crime, is a national of the United Defense, and President Clinton all sup- Ukrainian weapons with the intent of States or a member of the U.S. Armed port the expansion of United States transferring them to Libya. Forces. While noble in its intent, that prosecutorial authority as it is con- Today we have made clear our deter- act does not permit the United States tained in this amendment. With its mination to bring to justice those who to prosecute non-U.S. nationals who adoption, we will be following in the destroyed 270 lives and brought suffer- come within our jurisdiction. It leaves footsteps of Great Britain, Canada, ing on countless other loved ones. I am the United States open as a potential New Zealand, and Australia—each of pleased to join my colleagues in spon- safe-haven for war criminals seeking to which passed similar laws in the 1950’s. soring legislation to deny United escape prosecution. It is time for us to join them. States assistance to any countries that Currently, we have no extradition AMENDMENT NO. 911 violate international sanctions against treaties with 75 nations including So- Libya. We will make it clear to Libya malia, Cambodia, Afghanistan, Leb- (Purpose: To Allocate Funds for a Western that this pariah regime cannot escape anon, and Iran. If a war criminal from Hemisphere International Law Enforce- the consequences of its lawless behav- any of these countries takes refuge in ment Academy (ILEA)) ior. the United States, we cannot extradite On page 28 line 19 after the word ‘‘country’’ insert the following: AMENDMENT NO. 910 him. The alternative—deportation—is ‘‘Provided further. That of this amount not At the appropriate place in the bill, insert a long and complex process which be- to exceed $5 million shall be allocated to op- the following: comes even more difficult when the ac- erate the Western Hemisphere International SEC. . WAR CRIMES PROSECUTION. cused is to be deported to a specific country. Even if deportation is success- Law Enforcement Academy under the aus- (a) Section 2401 of Title 18, United States pices of the Organization of American States Code (Public Law 104–192; the War Crimes ful, a war criminal may be returned to with full oversight by the Department of Act of 1996) is amended as follows: a country in which the judicial system State.’’ (1) in subsection (a), by striking ‘‘commits is nonfunctional—Cambodia, for exam- a grave breach of the Geneva Conventions’’ ple—thus escaping prosecution alto- Mr. DOMENICI. Mr. President, this and inserting in lieu thereof ‘‘commits a war gether. amendment to the foreign operations crime’’; My amendment allows us to pros- appropriations bill asks that $5 million (2) in subsection (b)— of the funding appropriated for inter- (A) by striking ‘‘the person committing ecute war criminals located in the United States, regardless of their na- national narcotics control be allocated such breach or the victims of such breach’’ out of existing funds for the establish- and inserting in lieu thereof ‘‘the person tionality. The amendment in no way committing such crime or the victim of such obligates the United States to pros- ment of an international law enforce- crime’’; and ecute war crimes, nor does it permit ment training academy [ILEA] for the (B) by inserting before the period at the the extradition of non-U.S. nationals of Western Hemisphere. end of the subsection ‘‘or that the person the United States for prosecution if the The State Department set up the committing such crime is later found in the victims of the crime are not United International Law Enforcement Acad- United States after such crime is commit- emy in Budapest, Hungary, in 1995 and ted’’; States nationals. Any case undertaken (3) in subsection (c)— by our Government requires written has since trained 300 law enforcement (A) by striking ‘‘the term ‘grave breach of notification to the Congress by the At- officials. the Geneva Conventions’ means conduct de- torney General, who must take into This amendment would establish a fined as’’ and inserting in lieu thereof ‘‘the consideration U.S. national interests similar international law enforcement term ‘war crime’ means conduct (1) defined and the necessity of U.S. prosecution, training academy but for the Western as’’; and to assure a just resolution in each case. Hemisphere and for which the Presi- (B) by inserting the following before the period at the end: ‘‘; (2) prohibited by Arti- The United States will not be drawn dent requested in his 1998 budget. cles 23, 25, 27, or 28 of the Annex to the Hague into international conflicts where we Mr. President, the allocated funds Convention IV, Respecting the Laws and have no significant national interest. would be for operations of such an Customs of War on Land, signed on October, The amendment expands the scope academy and a facility would need to 1907; (3) which constitutes a violation of and offers a more specific definition of be found. I understand that the State common Article 3 of the international con- what constitutes a war crime that the Department has been trying to find ventions signed at Geneva on August 1949; or 1996 act. The 1996 act only refers to such a facility for the past year, but we (4) of a person who, in relation to an armed grave breaches of the 1949 Geneva Con- have not reached an agreement among conflict and contrary to the provisions of the ventions which are defined as willful Protocol on Prohibitions or Restrictions on Latin American countries. the Use of Mines, Booby-traps and Other De- killing, torture or inhuman treatment, My amendment would allow the vices as amended at Geneva on 3 May 1996 including biological experiments, will- academy to be established in consulta- (Protocol II as amended on 3 May 1996), when fully causing great suffering or serious tion with the Organization of American the United States is a party to such Proto- injury to body or health, and extensive States, representing our Central and col, willfully kills or causes serious injury to destruction of property, not justified Latin American neighbors. civilians’’; by military necessity and carried out Mr. President, I do not have to ex- (4) by adding a new subsection (d) to read unlawfully or wantonly.’’ as follows: My proposed 1997 amendments also plain the terrorist and narcotic threats ‘‘(d) NOTIFICATION.—No prosecution of any covers articles of the 1907 Hague Con- in this hemisphere. The ILEA is a way crime prohibited in this section shall be un- for the United States to establish law dertaken by the United States except upon vention IV which clarify actions pro- hibited in war. enforcement networks that lead to a the written notification to the Congress by more effective approach to fighting the Attorney General or his designee that in The inclusion of common article 3 of his judgment a prosecution by the United the Geneva Conventions is vital in that international organized crime and drug States is in the national interest and nec- it expressly allows the United States to trafficking. essary to secure substantial justice.’’. prosecute war crimes perpetrated in Such an academy would help us cre- Mr. LEAHY. Mr. President, I am very noninternational conflicts, such as ate closer working relationships and pleased that my amendment to Bosnia and Rwanda. In January 1997, networks with foreign police that are strengthen our ability to prosecute war there were a reported 35 such internal needed to find fugitives and combat fi- criminals in the United States has been conflicts, from Algeria to Kasmir. nancial corruption. accepted by the Republican side. Finally, violations of the protocol on I urge Senators to vote in support of This amendment, which builds on the prohibitions or restrictions on the use a Western Hemisphere international War Crimes Act of 1996, closes some of mines, booby-traps and other devices law enforcement academy. S7590 CONGRESSIONAL RECORD — SENATE July 16, 1997 AMENDMENT NO. 912 appropriate committees of Congress on the manuals espoused practices that can (Purpose: To provide for the reform and an- progress made to improve military training only be described as coercion, torture, nual review of United States sponsored of Latin American participants in the areas and assassination. training programs of Latin American mili- of human rights and civilian control of the I know that the Defense Department tary personnel at the School of the Ameri- military. The Secretary shall include in the report plans for implementing additional ex- has looked into the background of cas and elsewhere to ensure that training these manuals, and has found, not once is consistent with respect for human rights panded IMET programs for Latin America and civil control over the military) during the next 3 fiscal years. but twice, that mistakes were made— but that no one is really responsible. At the appropriate place in the bill, insert Mr. DODD. Mr. President, I would the following: like to rise to comment on the amend- Frankly, it defies credibility to ac- cept one of the central conclusions of REFORM AND REVIEW OF UNITED STATES ment that may be offered by the distin- the 1997 Defense Department inspector SPONSORED TRAINING PROGRAMS guished Senator from Illinois [Mr. DUR- general’s review of this. SEC. . (a) FINDINGS.—Congress makes the BIN]. His amendment would seek to following findings: close, once and for all, the U.S. Army Among other things, the IG con- (1) United States training of members of School of the Americas, presently lo- cluded that while, Latin American military and security forces cated at Fort Benning, GA. . . . five of the seven manuals contained that occurred primarily at the Army School I am totally sympathetic with the in- language and statements in violation of of the Americas between 1982 and 1991 has legal, regulatory, or policy prohibitions, been severely criticized for promoting prac- tent of the Senator’s amendment. such as motivation by fear, payment of tices that have contributed to the violation Clearly the entire history of the School bounties for enemy dead, false imprison- of human rights and have otherwise been in- of the America’s, and particularly the ment, and the use of truth serum . . . . Army consistent with the appropriate role of the period from 1982–1991, is shameful. It personnel involved in the preparation and Armed Forces in a democratic society. has left a legacy that is an ugly blem- presentation of the intelligence courses did (2) Numerous members of Latin American ish on our country’s credibility as an not recognize that the training materials military and security forces who have par- advocate of full respect for human contravened DOD policy and [there was] no ticipated in United States sponsored training rights and the rule of law in a region evidence that a deliberate and orchestrated programs, have subsequently been identified attempt was made to violate DOD or U.S. as having masterminded, participated in, or where human rights violations have oc- Army policies. curred with impunity. sought to cover up some of the most heinous So much for any sensitivity with re- Like Senator DURBIN, I believe that human rights abuses in the region. spect to human rights that United (3) United States interests in Latin Amer- the United States has a special obliga- ica would be better served if Latin American tion to promote democracy throughout States troops are supposed to be indoc- military personnel were exposed to training the world, and most especially in our trinated in. programs designed to promote— own hemisphere. School of the Americas instructors (A) proper management of scarce national Given the recent history of military tutored Latin American military per- defense resources, sonnel in how to use threats of force (B) improvements in national systems of rule in many countries in the region, it is particularly important that the with prisoners, neutralize opponents, justice in accordance with internationally hold prisoners in clandestine jails, and recognized principles of human rights, and United States strongly support the (C) greater respect and understanding of concept of civilian control over na- infiltrate and spy on civilian organiza- the principle of civilian control of the mili- tional military institutions. tions and opposition political parties tary. It also means highlighting the impor- for at least 10 years. Despite the fact (4) In 1989, Congress mandated that the De- tance of respecting the human rights of that such training explicitly violates partment of Defense institute new training all the peoples of the hemisphere. And, U.S. policy. programs (commonly referred to as expanded The IG does not deny that such train- IMET) with funds made available for inter- in particular, the obligation of mili- tary and security forces throughout ing was a clear violation of U.S. policy, national military and education programs in but attributes it to the equivalent of order to promote the interests described in the region that they do so. Finally it paragraph (3). Congress also expanded the means stressing the principle that na- staff error. The IG found that— definition of eligibility for such training to tional military and security forces are .. . from 1982 to 1991, many mistakes were include non-defense government personnel accountable for acts that fall short of made and repeated (with respect to use of from countries in Latin America. these manuals) by numerous and continually acceptable international human rights changing personnel in several organizations (5) Despite congressionally mandated em- standards and practices. phasis on expanded IMET training programs, from Panama to Georgia to Washington, DC. only 4 of the more than 50 courses offered an- I would say to my colleague from Illi- Lack of attention to the Department of De- nually at the United States Army School of nois, that if closing down the School of fense and U.S. Army policies and procedures the Americas qualify as expanded IMET. the Americas would remedy all of the by those personnel and organizations per- (b) LIMITATION ON USE OF FUNDS.—Notwith- evils that have been perpetrated by a petrated the assumption that the materials standing any other provision of law, none of number of individuals trained there in the Spanish language intelligence manu- the funds appropriated in this Act under the over the years, I would strongly sup- als were proper and doctrinally correct. heading relating to international military port his effort. I don’t know anything about the education and training may be made avail- Unfortunately, even if we were to background of the current IG who able for training members of any Latin shut the doors at the School of the came to this conclusion. American military or security force until— (1) the Secretary of Defense has advised Americas tomorrow, that would not be But I think it is safe to say that if he/ the Secretary of State in writing that 30 per- the case. Moreover, the School of the she had bothered to review the exten- cent of IMET funds appropriated for fiscal Americas is not the only location sive Congress debate that occurred dur- year 1998 for the cost of Latin American par- where Latin American military person- ing much of this same time period over ticipants in IMET programs will be disbursed nel receive United States-supported United States policy with respect to only for the purpose of supporting enroll- training. Latin America—he would have found ment of such participants in expanded IMET Equally important is acknowledg- the often stated concern about the sub- courses; and ment that countries throughout the re- stantial human rights abuses that were (2) the Secretary of State has identified sufficient numbers of qualified, non-military gion have legitimate national security being perpetrated by members of these personnel from countries in Latin America interests that necessitate the existence military forces, particularly those in to participate in IMET programs during fis- of national armed forces in these coun- Central America. cal year 1998 in consultation with the Sec- tries. Those of us who were here remember retary of Defense, and has instructed United Shutting the School of the Americas only too well that the Department of States embassies in the hemisphere to ap- doesn’t obviate the need that regional Defense was being queried on a weekly prove their participation in such programs militaries get the right kind of train- basis about all aspects of U.S. policy so that not less than 25 percent of the indi- ing for their personnel. during that time period—including the viduals from Latin American countries at- I have had the opportunity to review training and other support the United tending United States supported IMET pro- grams are civilians. excepts from the manuals that were States was providing to these military (c) REPORT.—Not later than 1 year after utilized in the training of Latin Amer- and security forces. the date of enactment of this act, the Sec- ican personnel throughout the 1980’s Many of us in this body who partici- retary of State shall report in writing to the and into the early 1990’s. Clearly these pated in those rancorous debates could July 16, 1997 CONGRESSIONAL RECORD — SENATE S7591 take up hours here today reliving that list the Liberation Tigers of Tamil Eelam as AMENDMENT NO. 914 period. a terrorist organization. (Purpose: To limit international military But that isn’t a good use of the Sen- Mr. TORRICELLI. Mr. President, I education and training assistance for Peru) At the appropriate place in the bill insert ate’s time, nor does it do anything to would like to thank Chairman MCCON- the following: address the underlying concerns with NELL and Senator LEAHY for accepting respect to the nature and content of this amendment expressing the Sense LIMITATION ON INTERNATIONAL MILITARY EDU- CATION AND TRAINING ASSISTANCE FOR PERU United States-sponsored military of the Senate that the State Depart- training programs for the Latin Amer- SEC. . None of the funds appropriated or ment should list the Liberation Tigers otherwise made available by this Act may be ican and Caribbean region. of Tamil Eelam [LTTE] as a terrorist The amendment that I will offer at provided to the Government of Peru for organization. I believe that the LTTE international military education and train- the appropriate time would go to the meets the criteria approved during the ing under chapter 5 of part II of the Foreign heart of this. It would not close the 104th Congress to designate terrorist Assistance Act of 1961, unless the President School of the Americas. Rather, it organizations, and I urge the State De- certifies to Congress that the Government of would mandate that at least 36 percent partment to carefully examine the evi- Peru is taking all necessary steps to ensure of IMET-supported course curriculum dence. that United States citizens held in prisons in be for, so-called expanded IMET Peru are accorded timely, open, and fair courses—namely those devoted to Section 302 of the Antiterrorism and legal proceedings in civilian courts. training Latin American Armed Forces Effective Death Penalty Act of 1996 de- Mr. LEAHY. Mr. President, I support in skills that will better prepare them fines a terrorist organization as one Senator DURBIN’s amendment to condi- to serve their democratic countries as which is foreign, engages in terrorist tion IMET for Peru on timely, open we enter the 21st century. It would also activity, and threatens the security of and fair legal proceedings in civilian require that these courses be available the United States. There is no doubt courts for United States citizens being to nonmilitary government officials that the LTTE is a foreign organiza- held in Peru. with responsibilities for defense poli- tion. Its main centers of activity are The Government of Peru deserves cies in their countries as well. located in the United Kingdom and credit for the progress in human rights As many of my colleagues are aware, France, as well as Canada, Australia, it has made in recent years. The num- and India. in 1989 Senator LEAHY first introduced ber of extrajudicial killings and dis- the concept of this new, so-called ex- The State Department’s Report on appearances has decreased dramati- panded IMET. Simply put, to qualify as Human Rights Practices for 1996 de- cally. However, freedom of the press, an expanded IMET course its purpose tails LTTE abuses which are undoubt- executive interference in the judiciary, must be to educate Latin American edly terrorist activities. The LTTE the existence of faceless military military and civilian personnel in the regularly commits extrajudicial courts for civilians, lengthy pre-trial proper management of their defense re- killings, and is responsible for dis- detention and abysmal prison condi- sources, in improving their systems of appearances, arbitrary arrests, deten- tions continue to be serious problems. military justice in accordance with tions and torture. An attack on the This amendment conditions IMET as- internationally recognized principles of army base at Mullaitivu in July 1996, sistance on speedy resolution of the human rights or in fostering greater orchestrated by the LTTE, killed more cases of American citizens who are in respect for and understanding of the than 1,500 government troops. In the Peruvian prisons awaiting a fair trial. principle of civilian control of the mili- aftermath, an equally important fact Jennifer Davis and Krista Barnes tary. came to light. It is clear that the each have admitted their guilt on drug- Despite the fact that Senator LEAHY LTTE regularly recruits children into trafficking charges and cooperated first proposed the creation of expanded its military forces. fully with the Peruvian police. They IMET more than 8 years ago, even In the northern part of the island, have been imprisoned for over 9 today Latin American military stu- the LTTE has expelled almost 46,000 months, waiting to be tried and sen- dents are afforded very few opportuni- Muslim inhabitants, almost the entire tenced so they may be transferred to a ties to avail themselves of such Muslim population, from their homes. U.S. prison under our prisoner ex- courses. These individuals have been threatened change treaty. They are victims of Only 4 of the more than 50 courses of- with death if they return. Lastly, the Peru’s excruciatingly slow legal proc- fered in the 1997 School of the Ameri- LTTE has been held responsible for the ess and life-threatening prison condi- ca’s curriculum quality as expanded assassination of an Indian Prime Min- tions. IMET courses. ister, a President of Sri Lanka, a Presi- Lori Berenson was tried, convicted That is totally unacceptable and is dential candidate, and senior Sinhalese and sentenced almost 2 years ago under additional evidence that the U.S. Army and Tamil political leaders. a legal system set up to combat terror- just doesn’t get it when it comes to the ism in Peru that violates international It is clear that these activities are of standards of due process. In late 1996, importance that must be accorded to a terrorist nature, and I believe that promoting respect for human rights the Peruvian military’s highest court they threaten the national security of upheld her life sentence. Ms. Berenson throughout the hemisphere. the United States. Section 302 defines For that reason this amendment plans to appeal to the Supreme Court national security as that pertaining to would specifically mandate that 30 per- of Peru. In the meantime, Ms. ‘‘national defense, foreign relations, or cent of Latin American IMET funds be Berenson is struggling through another economic interests of the United spent in support of preparing Latin winter in prison in the freezing moun- States’’. In this sense, the promotion of American military and appropriate ci- tains of Peru. democracy, free-market economies, vilian and legislative defense personnel Mr. President, it is my hope that this and human rights throughout the for their appropriate roles in demo- amendment will encourage Peru not world are fundamental to our interests. cratic societies as we begin the next just to take action in the cases of these However, the LTTE does not follow the millennium. young women, but that it will spark a rules of democratic procedure. In fact, I would hope that all of my col- vigorous effort to improve the judicial the LTTE espouses socialism and seeks leagues would support this amendment. process in Peru so that no one—no Pe- to establish a socialist state in Sri ruvian or American or any other citi- AMENDMENT NO. 913 Lanka. This stated ideology is far re- zen—will have to endure lengthy pre- (Purpose: To recommend that the Liberation moved from the free-market policies trial detention, wretched prison condi- Tigers of Tamil Eelam be placed on the list that the United States promotes. of terrorist organizations by the Depart- tions and a clogged legal docket that ment of State) With these facts in mind, I am hope- violate minimum international stand- At the appropriate place, insert the follow- ful that the State Department will ards of due process and the treatment ing: move to list the LTTE as a terrorist of prisoners. SEC. . LIBERATION TIGERS OF TAMIL EELAM. organization. The safety and security AMENDMENT NO. 915 SENCE OF SENATE.—It is the sense of the of the United States, and our friends in On page 43, line 3 after the word ‘‘(IAEA).’’ Senate that the Department of State should Sri Lanka, depend upon it. insert the following new section: S7592 CONGRESSIONAL RECORD — SENATE July 16, 1997 SEC. . AUTHORIZATION REQUIREMENT FOR NAB is an arrangement where 25 par- tory—no longer will they be at the INTERNATIONAL FINANCIAL INSTI- ticipating countries agree to lend funds mercy of stronger neighbors. TUTIONS. (a) The Secretary of the Treasury may, ful- to the IMF, in predetermined amounts, I led a delegation to Europe just be- fill commitments of the United States, (1) ef- whenever the organization believes fore the Madrid summit. We met with fect the United States participation in the those funds are needed to forestall or NATO officials in Brussels and we went first general capital increase of the Euro- cope with an impairment of the inter- to Budapest, Hungary for a firsthand pean Bank for Reconstruction and Develop- national monetary or to deal with an assessment of that country’s progress. ment, subscribe to and make payment for exceptional situation that poses a We all left convinced that Hungary— 100,000 additional shares of the capital stock threat to the stability of that system. like Poland and the Czech Republic— of the Bank on behalf of the United States; and (2) contribute on behalf of the United This appropriations bill supports this has earned the invitation to become States to the eleventh replenishment of the request by including $3.5 billion for the members of the most successful alli- resources of the International Development NAB. ance in history. Association, to the sixth replenishment of Unfortunately, Mr. President, the au- In the coming months, the Senate the resources of the Asian Development thorizing committees have not had an will consider all the issues associated Fund, a special fund of the Asian Develop- opportunity to review these new ar- with NATO enlargement. One of the ment Bank. The following amounts are au- rangements to borrow. We need to have key issues will be the costs—the total thorized to be appropriated without fiscal hearings and fully review these provi- cost of enlargement, the U.S. share of year limitation for payment by the Sec- sions, which have significant con- retary of the Treasury: (1) $285,772,500 for that cost, and how that overall cost paid-in capital, and $984,327,500 for callable sequences for the American taxpayer. will be shared with existing and pro- capital of the European Bank for Recon- We simply can’t give an inter- spective NATO members. struction and Development; (2) $1,600,000,000 national bureaucracy such as the IMF I believe the costs of enlarging NATO for the International Development Associa- a blank check without a thorough re- will be manageable. I believe there will tion; (3) $400,000,000 for the Asian Develop- view by the relevant congressional be greater costs if we do not enlarge ment Fund; and (4) $76,832,001 for paid-in cap- committees. My amendment would ital, and $4,511,156,729 for callable capital of NATO. But the concern over the cost is simply do this—give us the opportunity legitimate. Much of the concern is the Inter-American Development Bank in to fully examine this proposal. connection with the eighth general increase based on a fear that NATO enlarge- in the resources of that Bank. Each such sub- AMENDMENT NO. 917 ment will drain a defense budget al- scription or contribution shall be subject to On page 30, line 9, after the word ‘‘Act’’ in- ready under siege—already stretched obtaining the necessary appropriations. sert ‘‘or the Foreign Assistance Act of 1961’’. too thin from humanitarian interven- (b) Section 17 of the Bretton Woods Agree- tions that have little to do with U.S. ment Act, as amended (22 U.S.C. 286e–2 et AMENDMENT NO. 918 national security. seq.) is amended as follows: (Purpose: To limit aid to the Government of I believe we should look at ways to (1) Section 17(a) is amended by striking Congo until a Presidential certification) ‘‘and February 24, 1983’’ and inserting instead finance NATO enlargement from non- ‘‘February 24, 1993, and January 27, 1997’’; None of the funds appropriated or other- defense sources. My amendment today wise made available by this Act may be pro- and by striking ‘‘4,250,000,000’’ and inserting helps pave the way for that approach instead ‘‘6,712,000,000’’. vided to the Government of the Congo until such time as the President reports in writing by earmarking foreign aid funds for Po- (2) Section 17(b) is amended by striking land, Hungary, and the Czech Republic. ‘‘4,250,000,000’’ and inserting instead to the Congress that the Government of ‘‘6,712,000,000’’. Congo is cooperating fully with investigators There is a lot of money in this bill (3) Section 17(d) is amended by inserting from the United Nations or any other inter- for programs that, in my view, are a ‘‘or the Decision of January 27, 1997,’’ after national relief organizations in accounting lower priority than NATO enlarge- ‘‘February 24, 1983,’’; and by inserting ‘‘or for human rights violations or atrocities ment. For example, the bill contains committed in Congo or adjacent countries. the New Arrangements to Borrow, as appli- $950 million for the International De- cable’’ before the period at the end. velopment Association to make (c) The authorizations under this section AMENDMENT NO. 919 are subject to the Senate Foreign Relations On page 34, and the end of line 21 strike the concessional loans to countries like Committee reporting out an * * * period and insert: ‘‘Provided further, That India and China. The bill contains $1.3 $60,000,000 of the funds appropriated or other- billion for development assistance, AMENDMENT NO. 916 wise made available under this heading shall much of it going to countries where (Purpose: To make an amendment with re- be made available for the purpose of facili- United States strategic interests are spect to Congressional review of new ar- tating the integration of Poland, Hungary, far less than in Central Europe. rangements for borrowing by the Inter- and the Czech Republic into the North At- My amendment is designed to give national Monetary Fund) lantic Treaty Organization: Provided further, maximum leverage to the managers in That, to carry out funding the previous pro- On page 42, line 4, insert after the period conference to ensure adequate funds the following: ‘‘Notwithstanding any other viso, all or part of the $60,000,000 may be de- provision of law, none of the funds appro- rived by transfer, notwithstanding any other are made available for the three coun- priated under this heading may be made provision of law, from titles I, II, III, and IV tries invited to join NATO—funds to fi- available until the relevant Committees of of this Act.’’ nance language training, communica- Congress have reviewed the new arrange- Mr. LOTT. Mr. President, this is a tions modernization, and equipment ments for borrowing by the International very straightforward amendment. It re- interoperability. Monetary Fund provided for under this head- quires a modest amount of funds be Much has been done by Poland, Hun- ing and authorizing legislation for such bor- dedicated to supporting NATO integra- gary, and the Czech Republic to pre- rowing has been enacted.’’. tion costs for Poland, Hungary, and the pare their military forces for admis- Mr. D’AMATO. Mr. President, I rise Czech Republic. sion into NATO, but much more needs today to offer an amendment along Earlier this month at Madrid, the to be done. Meeting these needs will be with Senator HELMS and Senator North Atlantic Treaty Organization a major share of the cost of NATO en- FAIRCLOTH. made a historic decision: to invite largement. My amendment would provide that three former members of the Warsaw Chairman MCCONNELL has long been none of the funds appropriated for the Pact to join NATO. Poland, Hungary, a leader in supporting enlargement of new arrangements to borrow [NAB] by and the Czech Republic have made tre- NATO to include new democracies in the International Monetary Fund could mendous progress since the fall of the Central and Eastern Europe. His report be made available until the relevant Berlin Wall. Their economies are free, points out the importance of keeping authorizing committees have reviewed their militaries are under civilian con- the NATO enlargement door open, and these provisions and authorizing legis- trol, their disputes with their neigh- his bill takes a number of steps to pro- lation has been enacted. bors have been resolved. vide reassurance to those not invited in The Clinton administration and the The invitation to join NATO is not a the first wave of enlargement—espe- International Monetary Fund have gift—it has been earned by the hard cially for the Baltic States. asked Congress to give the IMF $3.5 bil- work and sacrifice in each of these Adoption of this amendment—with lion of the taxpayer’s money to support three countries. Including them in the other provisions in the bill on the new arrangements to borrow. The NATO will change the course of his- NATO related issues—will send a July 16, 1997 CONGRESSIONAL RECORD — SENATE S7593 strong signal of Senate support financ- sus all other Federal employees (in- ments, shall be selected by the voting mem- ing a key element of enlargement prep- cluding those of the House.) This dis- bers of the Technology Assessment Board aration for the Poland, Hungary, and parity was caused by the Senate em- under section 473 of title 2, United States Code, from among topics requested pursuant the Czech Republic. I thank the man- ployees not receiving the 2-percent to paragraph (1) or (2) of section 472(d) of agers for their cooperation and I thank COLA in 1996, which as provided to all such title’’. Senators LIEBERMAN, SMITH of Oregon, other Federal employees. Mr. BINGAMAN. Mr. President, this HOLLINGS, SHELBY, ROTH, BIDEN, Approximately 80 percent of the Ar- amendment addresses an important DEWINE, COATS, HAGEL, and FRIST for chitect’s request for capital projects to need of the Congress created by the de- cosponsoring the amendment. I urge ensure that certain repairs and mainte- mise, two years ago, of the Office of support for the amendment. nance are not delayed. If this mainte- Technology Assessment. That need is The PRESIDING OFFICER. Without nance is taken care of now, it should for authoritative and in-depth studies objection, the amendments are agreed pay off in substantial cost savings in of scientific and technological issues to. the future. that are at the root of many of the The amendments (Numbered 904 The GAO is provided $346.75 million, problems that we are called on to ad- through 919) en bloc were agreed to. which conforms to the commitment to dress through legislation. Mr. LEAHY. Mr. President, I move to stabilize the GAO budget and staff Over the 23 years of its existence, reconsider the vote by which the level (3,500 employees) after a 2-year from 1972 to 1995, the Office of Tech- amendments were agreed to. reduction of 25 percent. This rec- nology Assessment functioned as our Mr. MCCONNELL. I move to lay that ommendation provides sufficient funds in-house brain trust. It was a com- motion on the table. for mandatory cost increases, including petent, timely, and impartial source of The motion to lay on the table was the COLA. scientific and technical advice on a agreed to. I want to take the opportunity now wide range of issues. In early 1995, the Mr. MCCONNELL. Mr. President, I before presenting the bill to thank Sen- decision was made to end the existence ask unanimous consent that when the ator DORGAN, the ranking member on of the Office of Technology Assessment House companion measure is passed by the Legislative Branch Subcommittee, by zeroing out its appropriation. The the Senate pursuant to the previous for his cooperation and his work on the judgment of the Congress at that time order that the passage of S. 955 be viti- bill. I have enjoyed my experience as was that it needed to demonstrate to ated, and that S. 955 be indefinitely the chairman of the subcommittee, and the American people that it was will- postponed. Senator DORGAN’s cooperative spirit ing to downsize its own operations. I The PRESIDING OFFICER. Without has been a large part of that enjoy- miss the OTA, and I know that a lot of objection, it is so ordered. ment. I pay tribute to him and to his my colleagues in the Senate and in the Mr. MCCONNELL. Mr. President, I staff for the professional way in which House do too. I am not proposing today believe that completes the evening for they have handled this responsibility. to reverse what we did 2 years ago by Senator LEAHY and myself. Senator Mr. President, I believe this bill con- recreating new offices in the Congress DEWINE is here, and would like to tinues the legislative branch’s con- or by hiring new permanent staff. I be- speak. And I believe Senator BENNETT tributions toward deficit reduction and lieve that there are other, more flexi- is here, and we may shortly take leave. the goal of the balanced budget by the ble ways for Congress to gain direct ac- Mr. LEAHY. Mr. President, I say to year 2002. cess to high-quality and timely advice the distinguished Senator from Ken- Mr. President, I now ask unanimous and insight on cutting edge science and tucky that I enjoy working with him. consent that the Senate proceed to the technology relevant to our legislative But I know the Senate is in the able consideration of Calendar No. 110, S. duties. hands of the distinguished Senator 1019, the Legislative Branch Appropria- My amendment attempts to use the from Utah. Now that I have somebody tions bill, and, further, the managers’ existing legislative authorities for who actually looks a little bit like me amendment, which is at the desk, be oversight of the old OTA to oversee a on the floor, I, too, can leave. considered as read and agreed to. new pilot experiment. Members should The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without realize that while we terminated the ator from Utah. objection, it is so ordered. OTA by ending its appropriation, the f AMENDMENT NO. 920 underlying authorities governing the OTA are still on the books. For exam- LEGISLATIVE BRANCH (Purpose: To provide funds for a pilot pro- ple, there is continuing legislative au- APPROPRIATIONS ACT, 1998 gram of studies of scientific and techno- logical issues to assist the Congress in an- thority in title 2 of the United States Mr. BENNETT. Mr. President, the ticipating, understanding and considering Code to have a Technology Assessment Legislative Branch bill provides such issues in the course of determining pub- Board of 12 members: 6 from the House $1,537,827,000 in new obligational au- lic policy on existing and emerging national and 6 from the Senate, with each cham- thority, exclusive of House items, for problems) ber’s representation evenly divided be- fiscal year 1998. This is $64,947,000 below The PRESIDING OFFICER. The tween the parties and appointed by the the President’s request and $51,600,000 clerk will report. respective leadership. This is an excel- above the fiscal year 1997 level. The assistant legislative clerk read lent group to decide on which topics The majority of the increases in the as follows: should be studied using the funds that bill account for cost of living adjust- The Senator from Utah [Mr. BENNETT], for would be provided by my amendment. ments. Mr. BINGAMAN, proposes an amendment num- The old OTA authorities also provided Mr. President, I wish to correct an bered 920. that topics for OTA studies be sug- impression that is being circulated Mr. BENNETT. Mr. President, I ask gested by chairs of committees, rank- throughout the press. There is no pro- unanimous consent that reading of the ing members, or numerical majorities vision in this bill for a pay increase for amendment be dispensed with. of committees, or by the Technology Members of Congress. That is the issue The PRESIDING OFFICER. Without Assessment Board. That is a sound pro- that is taken care of in other bills. objection, it is so ordered. cedure for identifying potential study The Senate items include provisions The amendment is as follows: topics. My amendment uses both of to reduce the appropriation for official On page 38, line 2, insert before the period these authorities, but contains a cru- mail from $10 million to $8 million in the following: ‘‘: Provided further, That cial difference in how the studies are fiscal year 1998 and combine the frank- $500,000 shall be available only for expendi- executed. In place of a permanent, con- ing allowance with the official person- ture on studies and assessments, to be car- tinuing organization to undertake nel and office expense allowance—this ried out by not-for-profit scientific, techno- studies, my amendment provides for se- will reduce paperwork and provide logical, or educational institutions, of the lection of external scientific, techno- matters described in section 472(c) of title 2, flexibility for offices to meet their United States Code: Provided further, That logical, or educational institutions to needs. topics for studies and assessments under the carry out the studies that would be The bill eliminates the disparity in previous proviso, and the institutions des- funded under my amendment. Think of staff salaries of Senate employees ver- ignated to carry out the studies and assess- it as a ‘‘virtual OTA’’ or, if you prefer, S7594 CONGRESSIONAL RECORD — SENATE July 16, 1997 an ‘‘outsourced’’ one. The contractual $1,537,827,000 in budget authority, ex- of classic Senate speeches and a statis- arrangements with these institutions clusive of House items. This total is tical appendix. Printed in a large for- would be handled by the GAO, which $64,947,000 below the President’s re- mat with attractive historical illustra- already has a wide network of similar quest and $51,600,000 above the fiscal tions, these books received favorable contracting arrangements with ac- year 1997 enacted level. As I indicated, reviews. Volume I was awarded a prize counting firms all over the country. these figures do not include spending by the Society for History in the Fed- Thus, there is no institutional mort- by the House of Representatives, as eral Government and commended by gage associated with my amendment, each body normally defers to the other the American Library Association. Ad- and no new Congressional organization. body to set its own budget. To date, the ditional printing industry awards went I think that every member who reluc- full House has not yet acted on the leg- to several of the Government Printing tantly voted to terminate the OTA, be- islative branch appropriation bill for Office contractors involved in the cause of the need to downsize our oper- fiscal year 1998. books’ manufacture. ations, can support my amendment S. 1019 includes not only funding for with a clear conscience. We aren’t the salaries and expenses for offices Through the Government Printing bringing back a big bureaucracy. We and committees of the Senate, but also Office, copies of these volumes were are giving ourselves access, on topics includes the budgets of a number of distributed to government depository that Members themselves determine outside agencies that provide impor- libraries throughout the country. The are the most pressing to have authori- tant services to the Senate, including printing resolution stipulated that ‘‘in tative scientific and technical insight, the General Accounting Office, the addition to the usual number of copies, to the analytical capabilities of our Government Printing Office, the Con- there shall be printed with suitable best not-for-profit and educational in- gressional Budget Office, the Library of binding 5,000 additional copies for use stitutions. Congress, the Capitol Police, and the by the Secretary of the Senate.’’ These Let me reiterate the key points be- Architect of the Capitol. copies have been and continue to be hind my amendment. I am proposing a Mr. President, the subcommittee distributed to educational institutions way for Congress to acquire better sci- chairman has done an excellent job of and other appropriate recipients. In ad- entific and technological advice with- highlighting the major provisions in dition, the Superintendent of Docu- out an institutional mortgage. My this bill, so I will take just a minute to ments purchased for sale 4,600 copies of amendment puts 12 members, selected draw attention to what I believe to be Volume I; 2,300 of Volume II; and 1,000 by the bipartisan leadership of the Sen- an important issue. each of Volumes III and IV. Reflecting ate and the House, directly in charge of For the General Accounting Office, the superior quality of the books, the deciding how the funds under this the committee provides an appropria- Government Printing Office offered amendment will be spent and what will tion that is an increase of $14 million these volumes at an average price of be studied. My amendment allows all over the fiscal year 1997 enacted level. $56. Committees of Congress to nominate This amount provides sufficient fund- ing to stabilize the workforce of 3,500 In April of this year, my office in- topics worthy of study and to propose quired of the Government Printing Of- which not-for-profit institution would employees and to pay for mandatory fice, as we do periodically, how many be most suitable to engage in their cost increases to support the men and of each volume had been sold and how study. Contracting would be handled women who work for GAO, in keeping many remained on hand. This time, we through the General Accounting Office, with the agreement reached last Con- were astonished to learn that the num- which routinely contracts to external gress between GAO and appropriators sources for expert advice and assist- to reduce GAO’s budget by 25 percent ber of volumes remaining was a total of ance in its own audits. over 2 years . As part of the commit- 3,260 less than it should have been when I am proposing an experiment of lim- ment, appropriators committed to pro- we subtracted the number of copies ited scope, only $500,000, which prob- vide funding stability for the GAO once sold since our last inquiry from the ably translates to somewhere between the 2-year, 25 percent reduction was number that had remained at that two and five studies. The offsetting achieved. I believe that it is important time. When we asked GPO about the funds of $500,000 come from the budget to note that the Senate has lived up to fate of these other copies, we were in- of the General Accounting Office, its commitment to the GAO and I, for formed that there had been a ‘‘stock which is receiving over $354 million in one, will work diligently to keep a reduction’’—apparently meaning that appropriations in this Act. That is less level of funding that is worked out in 3,260 of these beautiful valuable vol- than three-tenths of 1 percent of the our conference with the House that is umes were disposed of. GAO budget for this experiment. The consistent with this commitment. On April 23, I wrote to Michael Mr. President, let me close by again contracting burden for GAO under my DiMario, the Public Printer, to request commending the subcommittee chair- amendment is hardly crushing—an ad- an explanation. On May 6, he responded ditional 2 to 5 contracts won’t stretch man, Senator BENNETT. In his first year as chairman of the legislative that there had indeed been such a their resources. I will also note that stock reduction in order to save stor- the Appropriations Committee’s own branch subcommittee, he has proven himself to be a very capable leader, age costs and streamline sales oper- report for this bill voices concern that ations. He further stated that, if addi- GAO may have given priority to audits who has worked with me on a biparti- san basis. I also wish to express my tional copies of these volumes were initiated under its own authority over ever needed, they could of course be re- those requested by committees and thanks to the subcommittee staff—Jim English, Mary Dewald, and Christine printed. No one who has seen these Members of Congress. My amendment beautifully crafted books could pos- represents a use of funds that is 100 Ciccone—for their fine work, and also to recognize the excellent support we sibly believe that it would be cost ef- percent directed to Member and Com- fective to destroy more than 3,000 cop- mittee requests, and overseen by a bi- had from Mary Hawkins, of my staff, and Chip Yost, of Senator BENNETT’s ies and reprint them later, rather than partisan group appointed by the leader- simply paying for lower-cost off-site ship. staff. I believe that this is a sensible re- Mr. BYRD. Mr. President, in Feb- storage until they should be needed. If quest and I urge the adoption of my ruary 1987 the Senate and House passed such a reduction was in fact necessary, amendment. S. Con. Res. 18 (100th Congress) author- I cannot fathom the distorted thinking The amendment (No. 920) was agreed izing the printing as a Senate docu- that would destroy books of such long- to. ment of ‘‘The Senate 1789–1989.’’ A com- term value without at the very least Mr. DORGAN. Mr. President, I rise in pilation of some 80 addresses that I had informing the Office of the Secretary support of S. 1019, the fiscal year 1998 delivered during the 1980’s on the his- of the Senate, or my office, and giving legislative branch appropriation bill, tory of the United States Senate, the us the opportunity to acquire these and applaud the chairman of the sub- book formed part of Congress’ com- copies to make them available to var- committee, Senator BENNETT, for the memoration of its bicentennial. Be- ious educational entities. When I ex- work he has done in reporting this bill tween 1988 and 1993, the publication ap- pressed these further concerns to Mr. to the Senate. This bill, as rec- peared in four volumes: two volumes of DiMario, I did at last receive an apol- ommended by the committee, provides the addresses, together with a volume ogy and an acknowledgement that it July 16, 1997 CONGRESSIONAL RECORD — SENATE S7595 had in fact been an error to dispose of had been a ‘‘stock reduction.’’ As far as we I understand the need to manage the in- the books without prior notification. can determine, this means that 3,260 books ventory of publications that have a limited What of our nation’s libraries? I have were disposed of. shelf life. Printing on demand makes a great Attached is the draft of a possible letter deal of sense for bills, reports, and other rou- in mind those at the public and com- you may wish to send to the Public Printer tine documents. The wisdom of that policy is munity college level that may lie out- requesting and explanation of this decision. far less apparent for a ‘‘Level 1’’ publication side the depository program. Would such as ‘‘The Senate 1789–1989.’’ I find it dif- they not welcome surplus copies of se- APRIL 23 1997. ficult to believe that off-site storage costs lected government documents once Mr. MICHAEL F. DIMARIO, for this four-volume work would have been thought worthy of being included in Public Printer, Government Printing Office, greater over a nine-year period than reprint- the Government Printing Office’s sales Washington, DC. ing costs. DEAR MR. DIMARIO: It has come to my at- Your letter does not explain why the Gov- program? Are we so distorted in our tention that the sales inventory of all four ernment Printing Office did not contact my priorities that we prefer to shred such volumes of ‘‘The Senate, 1789–1989’’ has been office, or the Office of the Secretary of the useful information rather than to dis- drastically reduced. Perhaps this action is in Senate, to offer to transfer copies deemed to seminate it? line with the Superintendent of Documents’ be in excess of projected demand require- I continue to be gravely concerned standard policy, but I find it most distress- ments. I am unable to comprehend this lack about this unfortunate incident, which ing because these books were designed to of communication in the light of the close have long-term value. working relationship this project has in- demonstrates a major flaw in the pro- I would appreciate receiving an expla- spired over the past decade between the Sen- cedures of the Superintendent of Docu- nation of this decision. ate and GPO. ments and the Government Printing With all good wishes, I am When a commercial publisher or university Office. Perhaps this was simply an un- Sincerely yours, press decides to unload an unwanted title, it fortunate exception. Or perhaps it re- ROBERT C. BYRD. is a matter of standard practice and common veals a pattern of inattention, careless- U.S. GOVERNMENT PRINTING OFFICE, courtesy to give the author the opportunity ness, or even malfeasance. What other OFFICE OF THE PUBLIC PRINTER, to acquire copies. Had we been afforded that Washington, DC, May 6, 1997. opportunity, it would have advanced our titles in the Superintendent of Docu- Hon. ROBERT C. BYRD, plans to make these works widely available ments’ inventory may have received U.S. Senate, Hart Office Building, to educational entities, both in this country similar treatment in the name of Washington, DC. and abroad, and would have quickly absorbed ‘‘stock reduction?’’ I, for one, would DEAR SENATOR BYRD: This is in response to your ‘‘surplus.’’ Had someone within the Su- like an answer. your letter dated April 23, 1997, inquiring perintendent of Documents’ office bothered Mr. President, I ask unanimous con- about the sales inventory of the four vol- to make a single phone call, he or she could sent that a memorandum to me from umes of ‘‘The Senate, 1789–1989.’’ Let me as- have aided a useful project and avoided a sure you that we recognize the historical needless waste of resources. the Senate Historian, Dr. Richard value of this series and have designated all Sincerely yours, Baker, on this subject, dated April 23, four volumes as titles which shall remain in ROBERT C. BYRD. 1997, together with an exchange of cor- print and available through our sales pro- respondence between myself and the gram indefinitely. U.S. GOVERNMENT PRINTING OFFICE, Public Printer, Michael DiMario, be in- In September 1996, the Superintendent of OFFICE OF THE PUBLIC PRINTER, cluded in the record at this point. This Documents took a number of steps to reduce Washington, DC, July 11, 1997. correspondence includes my letters to costs in the sales program and to provide Hon. ROBERT C. BYRD, more efficient service to the public. After U.S. Senate, The Capitol, Mr. DiMario dated April 23, 1997, and conducting a study, it was determined that Washington, DC. June 17, 1997, and his responses to me it was more cost-effective to maintain an DEAR SENATOR BYRD: This letter is in re- dated May 6, 1997, and July 11, 1997. adequate inventory of sales titles based on sponse to your letter of June 17, 1997, con- There being no objection, the mate- their projected life cycle and to reprint, if cerning ‘‘The Senate 1789–1989.’’ rial was ordered to be printed in the necessary. I apologize both officially and personally This policy recognizes, however, that some RECORD, as follows: for the unfortunate unilateral reduction of publications such as The Senate will have a the Superintendent of Documents sales in- U.S. SENATE much longer life cycle than the ordinary ventory of this publication. I was not aware OFFICE OF THE SECRETARY, book. Based on current projections, we have of the reduction until I received your letter Washington, DC, April 23, 1997. on hand an average supply of 9 years for the of April 23, 1997. Nevertheless, I recognize MEMORANDUM four volumes. The life cycle for most books that full responsibility for this action rests To: Senator Robert C. Byrd. is 18 months. The Superintendent of Docu- with me and no one else. From: Dick Baker. ments’ staff frequently reviews the sales his- My regrets are keenly felt since as Assist- Re: GPO sales copies of ‘‘The Senate, 1789– tory of each publication. Because of the im- ant Public Printer for Operations and Pro- 1989.’’ portance of The Senate, we are prepared to curement at the time of the printing of Vol- reprint at any time. The sales program pays ume I, I had personal knowledge of your di- Yesterday, at your request, we asked GPO all costs when we go back to press. rect participation in the selection of appro- how many copies of each volume they had As you know, our sales program must re- priate paper, binding, and font style. More- sold. When they supplied the information, we cover all expenses from revenues. The pro- over, having family roots in West Virginia, discovered some disturbing information. In gram has come under increasing financial as a history major at Davis and Elkins Col- early 1995, the Superintendent of Documents pressure recently with some agencies with- lege, and as a member of its Board of Trust- reported having on hand the following num- drawing titles traditionally sold by the Gov- ees, I have a keen awareness of and great ad- bers of copies: ernment Printing Office (GPO) in favor of ex- miration for your love of the Senate as well Volume I—1,618. clusive arrangements with the National as your extraordinary scholarship and sense Volume II—1,260. Technical Information Service or other part- of the importance of history, both ancient Volume III—963. ners. This is causing needless duplication of and modern, and I understand how our un- Volume IV—855. effort, confusion to those who wish to pur- thinking actions must have hurt you deeply. After selling only a few hundred more cop- chase Government information products, and I am truly sorry. ies of each, GPO reported yesterday that it a substantial loss of revenue to the GPO In fact, it is our policy to contact the pub- had the following numbers of each on hand: sales program. In this difficult environment, lisher of a book when we are reducing inven- Volume I—299 (131 sold since 1995 should it is our goal to streamline our operations, tory, and to offer publishers the excess cop- leave 1,489). improve customer service, and keep prices as ies at no charge. This policy was not fol- Volume II—271 (69 sold since 1995 should low as possible, while at the same time en- lowed with respect to ‘‘The Senate 1789–1989’’ leave 1,191). suring long-term availability of valuable during the major inventory reduction that Volume III—137 (166 sold since 1995 should publications such as The Senate. occurred in the latter part of FY 1996, which leave 797). Sincerely, was undertaken to reverse a trend of finan- Volume IV—279 (84 sold since 1995 should MICHAEL F. DIMARIO, cial losses. The Superintendent of Docu- leave 771). Public Printer. ments instructed sales program staff to These figures leave 3,260 volumes not ac- move quickly to restore the sales program to counted for: JUNE 17, 1997. financial soundness by the beginning of FY Volume I—1,188. Mr. MICHAEL F. DIMARIO, 1997. Because of the short deadline and the Volume II—920. Public Printer, Government Printing Office, large number of titles and copies involved, Volume III—660. Washington, DC. they did not follow standard policy to con- Volume IV—492. DEAR MR. DIMARIO: Your response to my tact publishers. Both the management and When we asked about the fate of these April 23, 1997, letter leaves several questions staff of the sales program are deeply cha- other copies, we were informed that there unanswered. grined by this error, and the Superintendent S7596 CONGRESSIONAL RECORD — SENATE July 16, 1997 of Documents has assured me that steps have S. 1019 OFFICE OF THE LEGISLATIVE COUNSEL OF THE been taken to ensure our policy on notifica- Be it enacted by the Senate and House of Rep- SENATE tion of publishers will be strictly followed resentatives of the United States of America in For salaries and expenses of the Office of when making future inventory reductions. Congress assembled, That the following sums the Legislative Counsel of the Senate, As you say in your letter, the Senate and are appropriated, out of any money in the $3,605,000. the Government Printing Office (GPO) have Treasury not otherwise appropriated, for the OFFICE OF SENATE LEGAL COUNSEL maintained a close working relationship dur- legislative branch for the fiscal year ending ing the past decade on ‘‘The Senate 1789– For salaries and expenses of the Office of September 30, 1998, and for other purposes, 1989.’’ We have distributed all four volumes Senate Legal Counsel, $966,000. namely: to the 1,380 Federal depository libraries EXPENSE ALLOWANCES OF THE SECRETARY OF throughout the Nation, and in June 1997 we TITLE I—CONGRESSIONAL OPERATIONS THE SENATE, SERGEANT AT ARMS AND DOOR- provided 60 copies of each volume to the SENATE KEEPER OF THE SENATE, AND SECRETARIES United States Information Agency for use in EXPENSE ALLOWANCES FOR THE MAJORITY AND MINORITY OF THE their libraries abroad. SENATE For expense allowances of the Vice Presi- Again, both personally and in my capacity dent, $10,000; the President Pro Tempore of For expense allowances of the Secretary of as Public Printer, and on behalf of all the the Senate, $3,000; Sergeant at Arms and employees of GPO for whom you have been a the Senate, $10,000; Majority Leader of the Senate, $10,000; Minority Leader of the Sen- Doorkeeper of the Senate, $3,000; Secretary greatly honored customer and friend, I for the Majority of the Senate, $3,000; Sec- apologize for the haste with which the inven- ate, $10,000; Majority Whip of the Senate, $5,000; Minority Whip of the Senate, $5,000; retary for the Minority of the Senate, $3,000; tory reduction was made and for our failure in all, $12,000. to inform your office. We have taken steps to and Chairmen of the Majority and Minority CONTINGENT EXPENSES OF THE SENATE ensure that this does not happen again, and Conference Committees, $3,000 for each I look forward to continuing to work with Chairman; in all, $56,000. INQUIRIES AND INVESTIGATIONS you in the future. REPRESENTATION ALLOWANCES FOR THE For expenses of inquiries and investiga- Sincerely, MAJORITY AND MINORITY LEADERS tions ordered by the Senate, or conducted MICHAEL F. DIMARIO, For representation allowances of the Ma- pursuant to section 134(a) of Public Law 601, Public Printer. jority and Minority Leaders of the Senate, Seventy-ninth Congress, as amended, section Mr. BYRD. Mr. President, I rise in $15,000 for each such Leader; in all, $30,000. 112 of Public Law 96–304 and Senate Resolu- tion 281, agreed to March 11, 1980, $75,600,000. support of S. 1019, the Fiscal Year 1998 SALARIES, OFFICERS AND EMPLOYEES EXPENSES OF THE UNITED STATES SENATE Legislative Branch Appropriation bill. For compensation of officers, employees, CAUCUS ON INTERNATIONAL NARCOTICS CONTROL This is the first year that the distin- and others as authorized by law, including For expenses of the United States Senate agency contributions, $77,254,000, which shall guished Senator from Utah [Mr. BEN- Caucus on International Narcotics Control, be paid from this appropriation without re- NETT] and the very able Senator from $370,000. gard to the below limitations, as follows: North Dakota [Mr. DORGAN] have SECRETARY OF THE SENATE OFFICE OF THE VICE PRESIDENT served as chairman and ranking mem- For expenses of the Office of the Secretary ber, respectively, and they are to be For the Office of the Vice President, of the Senate, $1,511,000. $1,612,000. congratulated for the expeditious man- SERGEANT AT ARMS AND DOORKEEPER OF THE ner with which they have brought this OFFICE OF THE PRESIDENT PRO TEMPORE SENATE prudent legislation to the floor. Both For the Office of the President Pro Tem- For expenses of the Office of the Sergeant Senators are to be commended for the pore, $371,000. at Arms and Doorkeeper of the Senate, efforts that they have made to ensure OFFICES OF THE MAJORITY AND MINORITY $64,400,000, of which $7,000,000 shall remain that the Legislative Branch of the Gov- LEADERS available until September 30, 1999. ernment is funded in a fiscally sound For Offices of the Majority and Minority MISCELLANEOUS ITEMS and responsible way. Leaders, $2,388,000. For miscellaneous items, $7,905,000. S. 1019, as recommended by the com- OFFICES OF THE MAJORITY AND MINORITY WHIPS SENATORS’ OFFICIAL PERSONNEL AND OFFICE mittee, provides $1,537,827,000 in budget For Offices of the Majority and Minority EXPENSE ACCOUNT authority, to fund salaries and ex- Whips, $1,221,000. For Senators’ Official Personnel and Office penses of the Senate and those agencies CONFERENCE COMMITTEES Expense Account, $228,600,000. that provide important services to this For the Conference of the Majority and the STATIONERY (REVOLVING FUND) institution, such as the General Ac- Conference of the Minority, at rates of com- For stationery for the President of the counting Office, the Government Print- pensation to be fixed by the Chairman of Senate, $4,500, for officers of the Senate and ing Office, the Congressional Budget each such committee, $1,061,000 for each such the Conference of the Majority and Con- Office, the Library of Congress, the committee; in all, $2,122,000. ference of the Minority of the Senate, $8,500; in all, $13,000. Capitol Police, and the Architect of the OFFICES OF THE SECRETARIES OF THE CON- Capitol. In addition, S. 1019 is well FERENCE OF THE MAJORITY AND THE CON- OFFICIAL MAIL COSTS within its 602(b) subcommittee alloca- FERENCE OF THE MINORITY For expenses necessary for official mail tion. This bill does not provide funding For Offices of the Secretaries of the Con- costs of the Senate, $300,000, to remain avail- able until September 30, 1999. for House items, as the full House has ference of the Majority and the Conference ADMINISTRATIVE PROVISIONS not yet acted on the Legislative of the Minority, $409,000. POLICY COMMITTEES SECTION 1. (a) For fiscal year 1998, and each Branch Appropriation bill for fiscal fiscal year thereafter, the Secretary of the For salaries of the Majority Policy Com- year 1998 as it is customary that each Senate is authorized to make advance pay- mittee and the Minority Policy Committee, body defers to the other body to set its ments under a contract or other agreement $1,077,500 for each such committee, in all, own budget. to provide a service or deliver an article for $2,155,000. Mr. President, I again commend the the United States Government without re- chairman and ranking member of the OFFICE OF THE CHAPLAIN gard to the provisions of section 3324 of title Legislative Branch Subcommittee for For Office of the Chaplain, $260,000. 31, United States Code. their outstanding work. I also thank OFFICE OF THE SECRETARY (b) An advance payment authorized by sub- section (a) shall be made in accordance with the committee staff who have worked For Office of the Secretary, $13,306,000. regulations issued by the Committee on hard on this bill: Jim English, Mary OFFICE OF THE SERGEANT AT ARMS AND Rules and Administration of the Senate. Dewald, and Christine Ciccone. DOORKEEPER (c) The authority granted by subsection (a) This is a good bill and deserves the For Office of the Sergeant at Arms and shall not take effect until regulations are is- support of the Senate. I yield the floor. Doorkeeper, $33,037,000. sued pursuant to subsection (b). Mr. BENNETT. Mr. President, I ask OFFICES OF THE SECRETARIES FOR THE SEC. 2. (a) Upon the written request of the unanimous consent that the bill be MAJORITY AND MINORITY Majority or Minority Whip of the Senate, the Secretary of the Senate shall transfer during considered as read a third time and For Offices of the Secretary for the Major- any fiscal year, from the appropriations ac- passed, as amended, the motion to re- ity and the Secretary for the Minority, count appropriated under the headings ‘‘Sal- consider be laid upon the table with $1,165,000. aries, Officers and Employees’’ and ‘‘Offices any statements related to the bill ap- AGENCY CONTRIBUTIONS AND RELATED of the Majority and Minority Whips’’, such pear at the appropriate point in the EXPENSES amount as either whip shall specify to the RECORD. For agency contributions for employee appropriations account, within the contin- The bill (S. 1019), as amended, was benefits, as authorized by law, and related gent fund of the Senate, ‘‘Miscellaneous passed, as follows: expenses, $19,208,000. Items’’. July 16, 1997 CONGRESSIONAL RECORD — SENATE S7597 (b) The Majority and Minority Whips of the (c) This section is effective for fiscal years motor vehicles, communications and other Senate are each authorized to incur such ex- beginning on and after October 1, 1997. equipment, security equipment and installa- penses as may be necessary or appropriate. SEC. 7. Section 1101 of Public Law 85–58 (2 tion, uniforms, weapons, supplies, materials, Expenses incurred by either such whip shall U.S.C. 46a–1) is amended by adding at the end training, medical services, forensic services, be paid from the amount transferred pursu- the following: ‘‘Disbursements from the fund stenographic services, personal and profes- ant to subsection (a) by such whip and upon shall be made upon vouchers approved by the sional services, the employee assistance pro- vouchers approved by such whip. Secretary of the Senate, or his designee.’’. gram, not more than $2,000 for the awards (c) The Secretary of the Senate is author- JOINT ITEMS program, postage, telephone service, travel ized to advance such sums as may be nec- For Joint Committees, as follows: advances, relocation of instructor and liai- essary to defray expenses incurred in carry- son personnel for the Federal Law Enforce- JOINT ECONOMIC COMMITTEE ing out subsections (a) and (b). ment Training Center, and $85 per month for SEC. 3. (a) Effective in the case of any fis- For salaries and expenses of the Joint Eco- extra services performed for the Capitol Po- cal year which begins on or after October 1, nomic Committee, $2,750,000, to be disbursed lice Board by an employee of the Sergeant at 1997, clause (iii) of paragraph (3)(A) of sec- by the Secretary of the Senate. Arms of the Senate or the House of Rep- tion 506(b) of the Supplemental Appropria- JOINT COMMITTEE ON PRINTING resentatives designated by the Chairman of tions Act, 1973 (2 U.S.C. 58(b)) is amended to For salaries and expenses of the Joint the Board, $5,401,000, to be disbursed by the read as follows: Committee on Printing, $807,000, to be dis- Chief Administrative Officer of the House of ‘‘(iii) subject to subparagraph (B), in case bursed by the Secretary of the Senate. Representatives: Provided, That, notwith- the Senator represents Alabama, $182,567, JOINT COMMITTEE ON TAXATION standing any other provision of law, the cost Alaska, $251,901, Arizona, $197,079, Arkansas, For salaries and expenses of the Joint of basic training for the Capitol Police at the $168,282, California, $468,724, Colorado, Committee on Taxation, $5,724,000, to be dis- Federal Law Enforcement Training Center $186,350, Connecticut, $160,903, Delaware, bursed by the Chief Administrative Officer of for fiscal year 1998 shall be paid by the Sec- $127,198, Florida, $299,746, Georgia, $210,214, the House: Provided, That $100,000 of the retary of the Treasury from funds available Hawaii, $279,512, Idaho, $163,335, Illinois, funds in this Act shall not be available for to the Department of the Treasury. $266,248, Indiana, $194,770, Iowa, $170,565, Kan- expenditure except for staff designated to ADMINISTRATIVE PROVISIONS sas, $168,177, Kentucky, $177,338, Louisiana, provide Members of Congress, not on the Tax SEC. 101. Amounts appropriated for fiscal $185,647, Maine, $147,746, Maryland, $173,020, Committees, assistance in securing revenue year 1998 for the Capitol Police Board for the Massachusetts, $195,799, Michigan, $236,459, estimates for legislation with the assump- Capitol Police may be transferred between Minnesota, $187,702, Mississippi, $168,103, Mis- tions used in determining the revenue esti- the headings ‘‘SALARIES’’ and ‘‘GENERAL EX- souri, $197,941, Montana, $161,725, Nebraska, mate prepared by the Joint Committee for PENSES’’ upon the approval of— $160,361, Nevada, $171,096, New Hampshire, that Member of Congress. (1) the Committee on Appropriations of the $142,394, New Jersey, $206,260, New Mexico, For other joint items, as follows: House of Representatives, in the case of $166,140, New York, $327,955, North Carolina, OFFICE OF THE ATTENDING PHYSICIAN amounts transferred from the appropriation $210,946, North Dakota, $149,824, Ohio, provided to the Sergeant at Arms of the $259,452, Oklahoma, $181,761, Oregon, $189,345, For medical supplies, equipment, and con- tingent expenses of the emergency rooms, House of Representatives under the heading Pennsylvania, $266,148, Rhode Island, $138,582, ‘‘SALARIES’’; South Carolina, $170,451, South Dakota, and for the Attending Physician and his as- sistants, including (1) an allowance of $1,500 (2) the Committee on Appropriations of the $151,450, Tennessee, $191,954, Texas, $348,681, Senate, in the case of amounts transferred Utah, $168,632, Vermont, $135,925, Virginia, per month to the Attending Physician; (2) an allowance of $500 per month each to two from the appropriation provided to the Ser- $193,467, Washington, $214,694, West Virginia, geant at Arms and Doorkeeper of the Senate $147,772, Wisconsin, $191,569, Wyoming, medical officers while on duty in the Attend- ing Physician’s office; (3) an allowance of under the heading ‘‘SALARIES’’; and $152,438, plus’’. (3) the Committees on Appropriations of (b) Subsection (a) of the first section of $500 per month to one assistant and $400 per the Senate and the House of Representatives, Public Law 100–137 (2 U.S.C. 58c) is amended month each to not to exceed nine assistants in the case of other transfers. by adding at the end the following: on the basis heretofore provided for such as- SEC. 102. (a)(1) The Capitol Police Board ‘‘(6) Effective on and after October 1, 1997, sistance; and (4) $893,000 for reimbursement shall establish and maintain unified sched- the Senators’ Account shall be available for to the Department of the Navy for expenses ules of rates of basic pay for members and ci- the payment of franked mail expenses of incurred for staff and equipment assigned to vilian employees of the Capitol Police which Senators.’’. the Office of the Attending Physician, which shall apply to both Members and employees (c)(1) Section 12 of Public Law 101–520 is re- shall be advanced and credited to the appli- whose appointing authority is an officer of pealed. cable appropriation or appropriations from the Senate and Members and employees (2) The amendment made by paragraph (1) which such salaries, allowances, and other whose appointing authority is an officer of shall be effective on and after October 1, 1997. expenses are payable and shall be available the House of Representatives. (d) Nothing in this section affects the au- for all the purposes thereof, $1,266,000, to be thority of the Committee on Rules and Ad- (2) The Capitol Police Board may, from disbursed by the Chief Administrative Offi- time to time, adjust any schedule estab- ministration of the Senate to prescribe regu- cer of the House. lations relating to the frank by Senators and lished under paragraph (1) to the extent that CAPITOL POLICE BOARD officers of the Senate. the Board determines appropriate to reflect SEC. 4. (a) The aggregate amount author- CAPITOL POLICE changes in the cost of living and to maintain ized by Senate Resolution 54, agreed to Feb- SALARIES pay comparability. ruary 13, 1997, is increased— For the Capitol Police Board for salaries of (3) A schedule established or revised under (1) by $401,635 for the period March 1, 1997, officers, members, and employees of the Cap- paragraph (1) or (2) shall take effect only upon approval by the Committee on House through September 30, 1998, and itol Police, including overtime, hazardous Oversight of the House of Representatives (2) by $994,150 for the period March 1, 1998, duty pay differential, clothing allowance of and the Committee on Rules and Adminis- through February 28, 1999. not more than $600 each for members re- (b) This section is effective on and after tration of the Senate. quired to wear civilian attire, and Govern- (4) A schedule approved under paragraph October 1, 1997. ment contributions for health, retirement, SEC. 5. Effective on and after October 1, (3) shall have the force and effect of law. Social Security, and other applicable em- (b)(1) The Capitol Police Board shall pre- 1997, each of the dollar amounts contained in ployee benefits, $73,935,000, of which the table under section 105(d)(1) of the Legis- scribe, by regulation, a unified leave system $35,507,000 is provided to the Sergeant at for members and civilian employees of the lative Branch Appropriations Act, 1968 (2 Arms of the House of Representatives, to be U.S.C 61–1) shall be deemed to be the dollar Capitol Police which shall apply to both disbursed by the Chief Administrative Offi- Members and employees whose appointing amounts in that table on December 31, 1995, cer of the House, and $38,428,000 is provided increased by 2 percent on January 1, 1996, authority is an officer of the Senate and to the Sergeant at Arms and Doorkeeper of Members and employees whose appointing and by 2.3 percent on January 1, 1997. the Senate, to be disbursed by the Secretary SEC. 6. (a) The aggregate amount author- authority is an officer of the House of Rep- of the Senate: Provided, That, of the amounts ized by Senate Resolution 54, agreed to Feb- resentatives. The leave system shall include appropriated under this heading, such ruary 13, 1997, is increased— provisions for— amounts as may be necessary may be trans- (1) by $125,000 for the period March 1, 1997, (A) annual leave, based on years of service; ferred between the Sergeant at Arms of the through September 30, 1998; and (B) sick leave; House of Representatives and the Sergeant (2) by $175,000 for the period March 1, 1998, (C) administrative leave; at Arms and Doorkeeper of the Senate, upon through February 28, 1999. (D) leave under the Family and Medical (b) Funds in the account, within the con- approval of the Committee on Appropria- Leave Act of 1993 (29 U.S.C. 2601 et seq.); tingent fund of the Senate, available for the tions of the House of Representatives and (E) leave without pay and leave with re- expenses of inquiries and investigations shall the Committee on Appropriations of the Sen- duced pay, including provisions relating to be available for franked mail expenses in- ate. contribution for benefits for any period of curred by committees of the Senate the GENERAL EXPENSES such leave; other expenses of which are paid from that For the Capitol Police Board for necessary (F) approval of all leave by the Chief or the account. expenses of the Capitol Police, including designee of the Chief; S7598 CONGRESSIONAL RECORD — SENATE July 16, 1997

(G) the order in which categories of leave CAPITOL GUIDE SERVICE AND SPECIAL Buildings; and furniture and furnishings to shall be used; SERVICES OFFICE be expended under the control and super- (H) use, accrual, and carryover rules and For salaries and expenses of the Capitol vision of the Architect of the Capitol, limitations, including rules and limitations Guide Service and Special Services Office, $50,922,000, of which $13,200,000 shall remain for any period of active duty in the Armed $1,991,000, to be disbursed by the Secretary of available until expended: Provided, That ap- Forces; the Senate: Provided, That no part of such propriations under this heading for manage- (I) advance of annual leave or sick leave amount may be used to employ more than ment personnel and miscellaneous res- after a member or civilian employee has forty individuals: Provided further, That the taurant expenses hereafter shall be trans- used all such accrued leave; Capitol Guide Board is authorized, during ferred at the beginning of each fiscal year to (J) buy back of annual leave or sick leave emergencies, to employ not more than two the special deposit account in the United used during an extended recovery period in additional individuals for not more than one States Treasury established under Public the case of an injury in the performance of hundred twenty days each, and not more Law 87–82, approved July 6, 1961, as amended duty; than ten additional individuals for not more (40 U.S.C. 174j–4), and effective October 1, (K) the use of accrued leave before termi- than six months each, for the Capitol Guide 1997, all management personnel of the Senate nation of the employment as a member or ci- Service. Restaurant facilities shall be paid from the vilian employee of the Capitol Police, with special deposit account. Management person- STATEMENTS OF APPROPRIATIONS provision for lump sum payment for unused nel transferred hereunder shall be paid at the annual leave; and For the preparation, under the direction of same rates of pay applicable immediately (L) a leave sharing program. the Committees on Appropriations of the prior to the date of transfer, and annual and (2) The leave system under this section Senate and the House of Representatives, of sick leave balances shall be credited to leave may not provide for the accrual of either an- the statements for the first session of the accounts of such personnel in the Senate nual or sick leave for any period of leave One Hundred Fifth Congress, showing appro- Restaurants. without pay or leave with reduced pay. priations made, indefinite appropriations, and contracts authorized, together with a CAPITOL POWER PLANT (3) All provisions of the leave system es- For all necessary expenses for the mainte- tablished under this subsection shall be sub- chronological history of the regular appro- priations bills as required by law, $30,000, to nance, care and operation of the Capitol ject to the approval of the Committee on Power Plant; lighting, heating, power (in- House Oversight of the House of Representa- be paid to the persons designated by the chairmen of such committees to supervise cluding the purchase of electrical energy) tives and the Committee on Rules and Ad- and water and sewer services for the Capitol, ministration of the Senate. All regulations the work. OFFICE OF COMPLIANCE Senate and House office buildings, Library of approved under this subsection shall have Congress buildings, and the grounds about the force and effect of law. SALARIES AND EXPENSES the same, Botanic Garden, Senate garage, (c)(1) Upon the approval of the Capitol Po- For salaries and expenses of the Office of and air conditioning refrigeration not sup- lice Board, a member or civilian employee of Compliance, as authorized by section 305 of plied from plants in any of such buildings; the Capitol Police who is separated from the Congressional Accountability Act of 1995 heating the Government Printing Office and service, may be paid a lump sum payment for (2 U.S.C. 1385), $2,600,000. Washington City Post Office, and heating the accrued annual leave of the member or CONGRESSIONAL BUDGET OFFICE and chilled water for air conditioning for the civilian employee. Supreme Court Building, Union Station com- SALARIES AND EXPENSES (2) The lump sum payment under para- plex, Thurgood Marshall Federal Judiciary graph (1)— For salaries and expenses necessary to Building and the Folger Shakespeare Li- (A) shall equal the pay the member or ci- carry out the provisions of the Congressional brary, expenses for which shall be advanced vilian employee would have received had Budget Act of 1974 (Public Law 93–344), in- or reimbursed upon request of the Architect such member or employee remained in the cluding not more than $2,500 to be expended of the Capitol and amounts so received shall service until the expiration of the period of on the certification of the Director of the be deposited into the Treasury to the credit annual leave; Congressional Budget Office in connection of this appropriation, $33,645,000, of which (B) shall be paid from amounts appro- with official representation and reception $1,650,000 shall remain available until ex- priated to the Capitol Police; expenses, $24,995,000: Provided, That no part pended: Provided, That not more than (C) shall be based on the rate of basic pay of such amount may be used for the purchase $4,000,000 of the funds credited or to be reim- in effect with respect to the member or civil- or hire of a passenger motor vehicle. bursed to this appropriation as herein pro- ian employee on the last day of service of the ARCHITECT OF THE CAPITOL vided shall be available for obligation during member or civilian employee; CAPITOL BUILDINGS AND GROUNDS fiscal year 1998. (D) shall not be calculated on the basis of extending the period of leave described under CAPITOL BUILDINGS LIBRARY OF CONGRESS subparagraph (A) by any holiday occurring SALARIES AND EXPENSES CONGRESSIONAL RESEARCH SERVICE after the date of separation from service; For salaries for the Architect of the Cap- SALARIES AND EXPENSES (E) shall be considered pay for taxation itol, the Assistant Architect of the Capitol, For necessary expenses to carry out the purposes only; and and other personal services, at rates of pay provisions of section 203 of the Legislative (F) shall be paid only after the Chairman provided by law; for surveys and studies in Reorganization Act of 1946 (2 U.S.C. 166) and of the Capitol Police Board certifies the ap- connection with activities under the care of to revise and extend the Annotated Constitu- plicable period of leave to the Secretary of the Architect of the Capitol; for all nec- tion of the United States of America, the Senate or the Chief Administrative Offi- essary expenses for the maintenance, care $65,134,000: Provided, That no part of such cer of the House of Representatives, as ap- and operation of the Capitol and electrical amount may be used to pay any salary or ex- propriate. substations of the Senate and House office pense in connection with any publication, or (3) A member or civilian employee of the buildings under the jurisdiction of the Archi- preparation of material therefor (except the Capitol Police who enters active duty in the tect of the Capitol, including furnishings and Digest of Public General Bills), to be issued armed forces may— office equipment; including not more than by the Library of Congress unless such publi- (A) receive a lump sum payment for ac- $1,000 for official reception and representa- cation has obtained prior approval of either crued annual leave in accordance with this tion expenses, to be expended as the Archi- the Committee on House Oversight of the subsection, in addition to any pay or allow- tect of the Capitol may approve; purchase or House of Representatives or the Committee ance payable from the armed forces; or exchange, maintenance and operation of a on Rules and Administration of the Senate: (B) elect to have the leave remain to the passenger motor vehicle; and not to exceed Provided further, That, notwithstanding any credit of such member or civilian employee $20,000 for attendance, when specifically au- other provision of law, the compensation of until such member or civilian employee re- thorized by the Architect of the Capitol, at the Director of the Congressional Research turns from active duty. meetings or conventions in connection with Service, Library of Congress, shall be at an (4) The Capitol Police Board may prescribe subjects related to work under the Architect annual rate which is equal to the annual rate regulations to carry out this subsection. No of the Capitol, $39,554,000, of which $7,500,000 of basic pay for positions at level IV of the lump sum payment may be paid under this shall remain available until expended. Executive Schedule under section 5315 of subsection until such regulations are ap- CAPITOL GROUNDS title 5, United States Code. proved by the Committee on Rules and Ad- For all necessary expenses for care and im- GOVERNMENT PRINTING OFFICE ministration of the Senate and the Commit- provement of grounds surrounding the Cap- tee on House Oversight of the House of Rep- CONGRESSIONAL PRINTING AND BINDING itol, the Senate and House office buildings, resentatives. All regulations approved under For authorized printing and binding for the and the Capitol Power Plant, $6,203,000, of this subsection shall have the force and ef- Congress and the distribution of Congres- which $745,000 shall remain available until fect of law. sional information in any format; printing expended. (d) Nothing in this section shall be con- and binding for the Architect of the Capitol; strued to effect the appointing authority of SENATE OFFICE BUILDINGS expenses necessary for preparing the semi- any officer of the Senate or the House of For all necessary expenses for mainte- monthly and session index to the Congres- Representatives. nance, care and operation of Senate Office sional Record, as authorized by law (44 July 16, 1997 CONGRESSIONAL RECORD — SENATE S7599

U.S.C. 902); printing and binding of Govern- rights, $34,567,000, of which not more than SEC. 205. Of the amount appropriated to the ment publications authorized by law to be $17,340,000 shall be derived from collections Library of Congress in this Act, not more distributed to Members of Congress; and credited to this appropriation during fiscal than $12,000 may be expended, on the certifi- printing, binding, and distribution of Gov- year 1998 under 17 U.S.C. 708(d), and not more cation of the Librarian of Congress, in con- ernment publications authorized by law to than $5,086,000 shall be derived from collec- nection with official representation and re- be distributed without charge to the recipi- tions during fiscal year 1998 under 17 U.S.C. ception expenses for the Overseas Field Of- ent, $82,269,000: Provided, That this appro- 111(d)(2), 119(b)(2), 802(h), and 1005: Provided, fices. priation shall not be available for paper cop- That the total amount available for obliga- SEC. 206. (a) For fiscal year 1998, the ies of the permanent edition of the Congres- tion shall be reduced by the amount by obligational authority of the Library of Con- sional Record for individual Representatives, which collections are less than $22,426,000: gress for the activities described in sub- Resident Commissioners or Delegates au- Provided further, That not more than $100,000 section (b) may not exceed $100,490,000. thorized under 44 U.S.C. 906: Provided further, of the amount appropriated is available for (b) The activities referred to in subsection That none of the funds appropriated or made the maintenance of an ‘‘International Copy- (a) are reimbursable and revolving fund ac- available under this Act may be expended for right Institute’’ in the Copyright Office of tivities that are funded from sources other printing and binding and related services the Library of Congress for the purpose of than appropriations to the Library in appro- provided to Congress under chapter 7 of title training nationals of developing countries in priations Acts for the legislative branch. 44, United States Code, unless such printing intellectual property laws and policies: Pro- SEC. 207. (a) ESTABLISHMENT.—Effective Oc- and binding and related services are provided vided further, That not more than $2,250 may tober 1, 1997, there is established in the during fiscal year 1998 and the billing of such be expended, on the certification of the Li- Treasury of the United States a revolving printing and binding and related services oc- brarian of Congress, in connection with offi- fund to be known as the Cooperative Acquisi- curs not later than December 31, 1998. cial representation and reception expenses tions Program Revolving Fund (in this sec- This title may be cited as the ‘‘Congres- for activities of the International Copyright tion referred to as the ‘‘revolving fund’’). sional Operations Appropriations Act, 1998’’. Institute. Moneys in the revolving fund shall be avail- able to the Librarian of Congress, without TITLE II—OTHER AGENCIES BOOKS FOR THE BLIND AND PHYSICALLY HANDICAPPED fiscal year limitation, for financing the co- BOTANIC GARDEN SALARIES AND EXPENSES operative acquisitions program (in this sec- SALARIES AND EXPENSES tion referred to as the ‘‘program’’) under For salaries and expenses to carry out the which the Library acquires foreign publica- For all necessary expenses for the mainte- Act of March 3, 1931 (chapter 400; 46 Stat. tions and research materials on behalf of nance, care and operation of the Botanic 1487; 2 U.S.C. 135a), $47,870,000, of which Garden and the nurseries, buildings, grounds, $14,194,000 shall remain available until ex- participating institutions on a cost-recovery and collections; and purchase and exchange, pended. basis. Obligations under the revolving fund maintenance, repair, and operation of a pas- are limited to amounts specified in the ap- FURNITURE AND FURNISHINGS senger motor vehicle; all under the direction propriations Act for that purpose for any fis- For necessary expenses for the purchase, of the Joint Committee on the Library, cal year. installation, and repair of furniture, furnish- $3,228,000. (b) AMOUNTS DEPOSITED.—The revolving ings, office and library equipment, $4,178,000. fund shall consist of— LIBRARY OF CONGRESS ADMINISTRATIVE PROVISIONS (1) any amounts appropriated by law for SALARIES AND EXPENSES SEC. 201. Appropriations in this Act avail- the purposes of the revolving fund; For necessary expenses of the Library of able to the Library of Congress shall be (2) any amounts held by the Librarian as of Congress not otherwise provided for, includ- available, in an amount of not more than October 1, 1997 or the date of enactment, ing development and maintenance of the $194,290, of which $58,100 is for the Congres- whichever is later, that were collected as Union Catalogs; custody and custodial care sional Research Service, when specifically payment for the Library’s indirect costs of of the Library buildings; special clothing; authorized by the Librarian, for attendance the program; and cleaning, laundering and repair of uniforms; at meetings concerned with the function or (3) the difference between (A) the total preservation of motion pictures in the cus- activity for which the appropriation is made. value of the supplies, equipment, gift fund tody of the Library; operation and mainte- SEC. 202. (a) No part of the funds appro- balances, and other assets of the program, nance of the American Folklife Center in the priated in this Act shall be used by the Li- and (B) the total value of the liabilities (in- Library; preparation and distribution of brary of Congress to administer any flexible cluding unfunded liabilities such as the catalog records and other publications of the or compressed work schedule which— value of accrued annual leave of employees) Library; hire or purchase of one passenger (1) applies to any manager or supervisor in of the program. motor vehicle; and expenses of the Library of a position the grade or level of which is (c) CREDITS TO THE REVOLVING FUND.—The Congress Trust Fund Board not properly equal to or higher than GS–15; and revolving fund shall be credited with all ad- chargeable to the income of any trust fund (2) grants such manager or supervisor the vances and amounts received as payment for held by the Board, $229,904,000, of which not right to not be at work for all or a portion purchases under the program and services more than $7,869,000 shall be derived from of a workday because of time worked by the and supplies furnished to program partici- collections credited to this appropriation manager or supervisor on another workday. pants, at rates estimated by the Librarian to during fiscal year 1998, and shall remain (b) For purposes of this section, the term be adequate to recover the full direct and in- available until expended, under the Act of ‘‘manager or supervisor’’ means any manage- direct costs of the program to the Library June 28, 1902 (chapter 1301; 32 Stat. 480; 2 ment official or supervisor, as such terms are over a reasonable period of time. U.S.C. 150): Provided, That the Library of defined in section 7103(a) (10) and (11) of title (d) UNOBLIGATED BALANCES.—Any unobli- Congress may not obligate or expend any 5, United States Code. gated and unexpended balances in the revolv- funds derived from collections under the Act SEC. 203. Appropriated funds received by ing fund that the Librarian determines to be of June 28, 1902, in excess of the amount au- the Library of Congress from other Federal in excess of amounts needed for activities fi- thorized for obligation or expenditure in ap- agencies to cover general and administrative nanced by the revolving fund, shall be depos- propriations Acts: Provided further, That the overhead costs generated by performing re- ited in the Treasury of the United States as total amount available for obligation shall imbursable work for other agencies under miscellaneous receipts. Amounts needed for be reduced by the amount by which collec- the authority of 31 U.S.C. 1535 and 1536 shall activities financed by the revolving fund tions are less than the $7,869,000: Provided not be used to employ more than 65 employ- means the direct and indirect costs of the further, That of the total amount appro- ees and may be expended or obligated— program, including the costs of purchasing, priated, $9,619,000 is to remain available until (1) in the case of a reimbursement, only to shipping, binding of books and other library expended for acquisition of books, periodi- such extent or in such amounts as are pro- materials; supplies, materials, equipment cals, newspapers, and all other materials in- vided in appropriations Acts; or and services needed in support of the pro- cluding subscriptions for bibliographic serv- (2) in the case of an advance payment, gram; salaries and benefits; general over- ices for the Library, including $40,000 to be only— head; and travel. available solely for the purchase, when spe- (A) to pay for such general or administra- (e) ANNUAL REPORT.—Not later than March cifically approved by the Librarian, of spe- tive overhead costs as are attributable to the 31 of each year, the Librarian of Congress cial and unique materials for additions to work performed for such agency; or shall prepare and submit to Congress an au- the collections: Provided further, That of the (B) to such extent or in such amounts as dited financial statement for the revolving total amount appropriated, $5,584,000 is to re- are provided in appropriations Acts, with re- fund for the preceding fiscal year. The audit main available until expended for the acqui- spect to any purpose not allowable under shall be conducted in accordance with Gov- sition and partial support for implementa- subparagraph (A). ernment Auditing Standards for financial tion of an integrated library system (ILS). SEC. 204. Of the amounts appropriated to audits issued by the Comptroller General of the Library of Congress in this Act, not more the United States. COPYRIGHT OFFICE than $5,000 may be expended, on the certifi- SEC. 208. AUTHORITY OF THE BOARD TO IN- SALARIES AND EXPENSES cation of the Librarian of Congress, in con- VEST GIFT FUNDS.—Section 4 of the Act enti- For necessary expenses of the Copyright nection with official representation and re- tled ‘‘An Act to create a Library of Congress Office, including publication of the decisions ception expenses for the incentive awards Trust Fund Board, and for other purposes’’, of the United States courts involving copy- program. approved March 3, 1925 (2 U.S.C. 160), is S7600 CONGRESSIONAL RECORD — SENATE July 16, 1997 amended by adding at the end the following further, That, $1,500,000 may be expended on Technology Assessment Board under section new undesignated paragraph: the certification of the Public Printer, for 473 of title 2, United States Code, from ‘‘Upon agreement by the Librarian of Con- reimbursement to the General Accounting among topics requested pursuant to para- gress and the board, a gift or bequest accept- Office, for a management audit. graphs (1) or (2) of section 472(d) of such title. ed by the Librarian under the first paragraph GENERAL ACCOUNTING OFFICE TITLE III—GENERAL PROVISIONS of this section may be invested or reinvested SALARIES AND EXPENSES SEC. 301. No part of the funds appropriated in the same manner as provided for trust For necessary expenses of the General Ac- in this Act shall be used for the maintenance funds under the second paragraph of section counting Office, including not more than or care of private vehicles, except for emer- 2.’’. $7,000 to be expended on the certification of gency assistance and cleaning as may be pro- ARCHITECT OF THE CAPITOL the Comptroller General of the United States vided under regulations relating to parking LIBRARY BUILDINGS AND GROUNDS in connection with official representation facilities for the House of Representatives is- STRUCTURAL AND MECHANICAL CARE and reception expenses; temporary or inter- sued by the Committee on House Oversight mittent services under section 3109(b) of title For all necessary expenses for the mechan- and for the Senate issued by the Committee 5, United States Code, but at rates for indi- ical and structural maintenance, care and on Rules and Administration. viduals not more than the daily equivalent SEC. 302. No part of the funds appropriated operation of the Library buildings and of the annual rate of basic pay for level IV of in this Act shall remain available for obliga- grounds, $14,699,000, of which $3,910,000 shall the Executive Schedule under section 5315 of tion beyond fiscal year 1997 unless expressly remain available until expended. such title; hire of one passenger motor vehi- so provided in this Act. GOVERNMENT PRINTING OFFICE cle; advance payments in foreign countries SEC. 303. Whenever in this Act any office or OFFICE OF SUPERINTENDENT OF DOCUMENTS in accordance with 31 U.S.C. 3324; benefits position not specifically established by the SALARIES AND EXPENSES comparable to those payable under sections Legislative Pay Act of 1929 is appropriated 901(5), 901(6) and 901(8) of the Foreign Service For expenses of the Office of Superintend- for or the rate of compensation or designa- Act of 1980 (22 U.S.C. 4081(5), 4081(6) and ent of Documents necessary to provide for tion of any office or position appropriated 4081(8)); and under regulations prescribed by the cataloging and indexing of Government for is different from that specifically estab- the Comptroller General of the United publications and their distribution to the lished by such Act, the rate of compensation States, rental of living quarters in foreign public, Members of Congress, other Govern- and the designation in this Act shall be the countries; $346,751,000: Provided, That not ment agencies, and designated depository permanent law with respect thereto: Pro- more than $1,000,000 of reimbursements re- and international exchange libraries as au- vided, That the provisions in this Act for the ceived incident to the operation of the Gen- thorized by law, $29,077,000: Provided, That various items of official expenses of Mem- eral Accounting Office Building shall be travel expenses, including travel expenses of bers, officers, and committees of the Senate available for use in fiscal year 1998: Provided the Depository Library Council to the Public and House of Representatives, and clerk hire further, That an additional amount of Printer, shall not exceed $150,000: Provided for Senators and Members of the House of $4,404,000 shall be available by transfer from further, That amounts of not more than Representatives shall be the permanent law funds previously deposited in the special ac- $2,000,000, from current year appropriations with respect thereto. count established pursuant to 31 U.S.C. 782: are authorized for producing and disseminat- SEC. 304. The expenditure of any appropria- Provided further, That notwithstanding 31 ing Congressional serial sets and other relat- tion under this Act for any consulting serv- U.S.C. 9105 hereafter amounts reimbursed to ed publications for 1996 and 1997 to deposi- ice through procurement contract, pursuant the Comptroller General pursuant to that tory and other designated libraries. to 5 U.S.C. 3109, shall be limited to those section shall be deposited to the appropria- contracts where such expenditures are a GOVERNMENT PRINTING OFFICE REVOLVING tion of the General Accounting Office then matter of public record and available for FUND available and remain available until ex- public inspection, except where otherwise The Government Printing Office is hereby pended, and not more than $2,000,000 of such provided under existing law, or under exist- authorized to make such expenditures, with- funds shall be available for use in fiscal year ing Executive order issued pursuant to exist- in the limits of funds available and in accord 1998: Provided further, That this appropria- ing law. with the law, and to make such contracts tion and appropriations for administrative SEC. 305. Such sums as may be necessary and commitments without regard to fiscal expenses of any other department or agency are appropriated to the account described in year limitations as provided by section 9104 which is a member of the Joint Financial subsection (a) of section 415 of Public Law of title 31, United States Code, as may be Management Improvement Program 104–1 to pay awards and settlements as au- necessary in carrying out the programs and (JFMIP) shall be available to finance an ap- thorized under such subsection. purposes set forth in the budget for the cur- propriate share of JFMIP costs as deter- SEC. 306. Section 316 of Public Law 101–302 rent fiscal year for the Government Printing mined by the JFMIP, including the salary of is amended in the first sentence of sub- Office revolving fund: Provided, That not the Executive Director and secretarial sup- section (a) by striking ‘‘1997’’ and inserting more than $2,500 may be expended on the cer- port: Provided further, That this appropria- ‘‘1998’’. tification of the Public Printer in connection tion and appropriations for administrative SEC. 307. The Government Printing Office with official representation and reception expenses of any other department or agency shall be considered an agency for the pur- expenses: Provided further, That the revolv- which is a member of the National Intergov- poses of the election in section 801(b)(2)(B) of ing fund shall be available for the hire or ernmental Audit Forum or a Regional Inter- the National Energy Conservation Policy purchase of not more than twelve passenger governmental Audit Forum shall be avail- Act and the Public Printer shall be consid- motor vehicles: Provided further, That ex- able to finance an appropriate share of either ered the head of the agency for purposes of penditures in connection with travel ex- Forum’s costs as determined by the respec- subsection (b)(2)(C) of such section. penses of the advisory councils to the Public tive Forum, including necessary travel ex- SEC. 308. RESIDENCE OF MEMBERS OF CON- Printer shall be deemed necessary to carry penses of non-Federal participants. Pay- GRESS.—Section 113 of title 4, United States out the provisions of title 44, United States ments hereunder to either the Forum or the Code, is amended— Code: Provided further, That the revolving JFMIP may be credited as reimbursements (1) in the section heading by striking ‘‘for fund shall be available for temporary or to any appropriation from which costs in- State income tax laws’’; and intermittent services under section 3109(b) of volved are initially financed: Provided fur- (2) by striking subsection (b) and inserting title 5, United States Code, but at rates for ther, That this appropriation and appropria- the following new subsections: individuals not more than the daily equiva- tions for administrative expenses of any ‘‘(b) Notwithstanding any other provision lent of the annual rate of basic pay for level other department or agency which is a mem- of law, a Member of Congress and the Mem- V of the Executive Schedule under section ber of the American Consortium on Inter- ber’s spouse, dependents, and staff shall be 5316 of such title: Provided further, That the national Public Administration (ACIPA) treated as permanent residents and domicil- revolving fund and the funds provided under shall be available to finance an appropriate iaries of the State or district which the the headings ‘‘OFFICE OF SUPERINTENDENT OF share of ACIPA costs as determined by the Member represents, notwithstanding that DOCUMENTS’’ and ‘‘SALARIES AND EXPENSES’’ ACIPA, including any expenses attributable the Member and the Member’s spouse, de- together may not be available for the full- to membership of ACIPA in the Inter- pendents, and staff may be absent from, or time equivalent employment of more than national Institute of Administrative may maintain a place of abode outside of, 3,550 workyears by the end of fiscal year 1998: Sciences: Provided further, That $500,000 shall such State. A Member of Congress and the Provided further, That activities financed be available only for expenditure on studies Member’s spouse, dependents, and staff shall through the revolving fund may provide in- and assessments, to be carried out by not- be entitled to the same rights, privileges, formation in any format: Provided further, for-profit scientific, technological, or edu- immunities, and benefits and shall be subject That the revolving fund shall not be used to cational institutions, of the matters de- to the same responsibilities, taxation, and li- administer any flexible or compressed work scribed in section 472(c) of title 2, United abilities as other residents and domiciliaries schedule which applies to any manager or su- States Code: Provided further, That topics for who physically reside in such State, includ- pervisor in a position the grade or level of studies and assessments under the previous ing maintaining a State driver’s license, reg- which is equal to or higher than GS–15: Pro- proviso, and the institutions designated to istering vehicles in such State (without re- vided further, That expenses for attendance carry out the studies and assessments, shall gard to whether such vehicle is physically lo- at meetings shall not exceed $75,000: Provided be selected by the voting members of the cated in such State), registering to vote in July 16, 1997 CONGRESSIONAL RECORD — SENATE S7601 such State, and qualifying for benefits, ployee’’ means an employee of the United Capitol (including the United States Senate loans, or other programs that such State States Senate Restaurants of the Office of Restaurants) in a position in the excepted may make available to other residents and the Architect of the Capitol, serving without service as defined under section 2103 of title domiciliaries who physically reside in such limitation, who has been currently employed 5, United States Code. State. for a continuous period of at least 12 months, (2) For purposes of applying for employ- ‘‘(c) For the purposes of this section— except that such term shall not include— ment for any position in the executive ‘‘(1) the term ‘Member of Congress’ in- (A) a reemployed annuitant under sub- branch (including for purposes of the admin- cludes the delegates from the District of Co- chapter III of chapter 83 or chapter 84 of title istration of chapter 33 of title 5, United lumbia, Guam, and the Virgin Islands, and 5, United States Code, or another retirement States Code, with respect to such employ- the Resident Commissioner from Puerto system for employees of the Government; ment application), any period of service de- Rico; (B) an employee having a disability on the scribed under paragraph (1)(B) of this sub- ‘‘(2) the term ‘State’ includes the District basis of which such employee is or would be section shall be deemed a period of service in of Columbia; and eligible for disability retirement under any the competitive service as defined under sec- ‘‘(3) the term ‘dependents’ includes any of the retirement systems referred to in sub- tion 2102 of title 5, United States Code. person— paragraph (A); or (3) This subsection shall— ‘‘(A) who derives his or her support from a (C) an employee who is employed on a tem- (A) take effect on the date of enactment of Member of Congress; and porary when actually employed basis. this Act; and ‘‘(B)(i) is a child of such Member who is age (2) Notwithstanding any other provision of (B) apply only to an employment applica- 23 or younger; or law, in order to avoid or minimize the need ‘‘(ii) is a ward of such Member; and tion submitted by an employee during the 2- for involuntary separations due to a reduc- year period beginning on the date of such ‘‘(4) the term ‘staff’ means any person tion in force, reorganization, transfer of who— employee’s separation from service described function, or other similar action affecting under paragraph (1)(A). ‘‘(A) is in the employ of the Member of the agency, the Architect of the Capitol (e) RETRAINING, JOB PLACEMENT, AND COUN- Congress for the purpose of assisting the shall establish a program under which vol- Member in the performance of official duties; SELING SERVICES.—(1) In this subsection, the untary separation incentive payments may term ‘‘employee’’— and be offered to encourage not more than 50 eli- ‘‘(B) was resident and domiciliary of the (A) means an employee of the United gible employees to separate from service vol- States Senate Restaurants of the Office of State or district which the Member rep- untarily (whether by retirement or resigna- resents when such person entered the employ the Architect of the Capitol; and tion) during the period beginning on the date (B) shall not include— of the Member. of the enactment of this Act through Sep- ‘‘(d) This section shall not apply to any (i) a reemployed annuitant under sub- tember 30, 1999. spouse, dependent, or staff of a Member of chapter III of chapter 83 or chapter 84 of title (3) Such voluntary separation incentive Congress who claims residency or a domicile 5, United States Code, or another retirement payments shall be paid in accordance with in a State other than the State which the system for employees of the Government; or the provisions of section 5597(d) of title 5, Member represents or in which the Member’s (ii) an employee who is employed on a tem- United States Code. Any such payment shall district is located.’’. porary when actually employed basis. (b) The chapter analysis for chapter 4 of not be a basis of payment, and shall not be included in the computation, of any other (2) The Architect of the Capitol may estab- title 4, United States Code, is amended in the lish a program to provide retraining, job item for section 113 by striking ‘‘for State type of Government benefit. (4)(A) Subject to subparagraph (B), an em- placement, and counseling services to em- income tax laws’’. ployees and former employees. SEC. 309. (a) SEVERANCE PAY.—Section 5595 ployee who has received a voluntary separa- (3) A former employee may not participate of title 5, United States Code, is amended— tion incentive payment under this section in a program established under this sub- (1) in subsection (a)(1)— and accepts employment with the Govern- section, if— (A) in subparagraph (D) by striking ‘‘and’’ ment of the United States within 5 years after the semicolon; and after the date of the separation on which the (A) the former employee was separated (B) by adding after subparagraph (E) the payment is based shall be required to repay from service with the United States Senate following new subparagraph: the entire amount of the incentive payment Restaurants of the Office of the Architect of ‘‘(F) the Office of the Architect of the Cap- to the agency that paid the incentive pay- the Capitol for more than 1 year; or itol, but only with respect to the United ment. (B) the separation was by removal for States Senate Restaurants; and’’; (B)(i) If the employment is with an Execu- cause on charges of misconduct or delin- (2) in subsection (a)(2)— tive agency (as defined by section 105 of title quency. (A) in clause (vii) by striking ‘‘or’’ after 5, United State Code), the Director of the Of- (4) Retraining costs for the program estab- the semicolon; fice of Personnel Management may, at the lished under this subsection may not exceed (B) by redesignating clause (viii) as clause request of the head of the agency, waive the $5,000 for each employee or former employee. (ix) and inserting after clause (vii) the fol- repayment if the individual involved pos- (f) ADMINISTRATIVE PROVISIONS.—(1) The lowing: sesses unique abilities and is the only quali- Architect of the Capitol— ‘‘(viii) an employee of the United States fied applicant available for the position. (A) may use employees of the Office of the Senate Restaurants of the Office of the Ar- (ii) If the employment is with an entity in Architect of the Capitol to establish and ad- chitect of the Capitol, who is employed on a the legislative branch, the head of the entity minister programs and carry out the provi- temporary when actually employed basis; or the appointing official may waive the re- sions of this section; and or’’; and payment if the individual involved possesses (B) may procure temporary and intermit- (3) in subsection (b) by adding at the end unique abilities and is the only qualified ap- tent services under section 3109(b) of title 5, the following: ‘‘The Architect of the Capitol plicant available for the position. United States Code, to carry out such provi- may prescribe regulations to effect the appli- (iii) If the employment is with the judicial sions— cation and operation of this section to the branch, the Director of the Administrative (i) not subject to the 1 year of service limi- agency specified in subsection (a)(1)(F) of Office of the United States Courts may waive tation under such section 3109(b); and this section.’’. the repayment if the individual involved pos- (ii) at rates for individuals which do not (b) EARLY RETIREMENT.—(1) This sub- sesses unique abilities and is the only quali- exceed the daily equivalent of the annual section applies to an employee of the United fied applicant available for the position. rate of basic pay prescribed for level V of the States Senate Restaurants of the Office of (C) For purposes of subparagraph (A) (but Executive Schedule under section 5316 of the Architect of the Capitol who— not subparagraph (B)), the term ‘‘employ- such title. (A) voluntarily separates from service on ment’’ includes employment under a per- (2) Funds to carry out subsections (a) and or after the date of enactment of this Act sonal services contract with the United (c) may be expended only from funds avail- and before October 1, 1999; and States. able for the basic pay of the employee who is (5) The Architect of the Capitol may pre- (B) on such date of separation— receiving the applicable payment. scribe regulations to carry out this sub- (i) has completed 25 years of service as de- (3) Funds to carry out subsection (e) may section. fined under section 8331(12) or 8401(26) of title be expended from any funds made available (d) COMPETITIVE SERVICE TREATMENT FOR 5, United States Code; or to the Architect of the Capitol. (ii) has completed 20 years of such service CERTAIN EMPLOYEES.—(1) This subsection ap- plies to any employee of the United States This Act may be cited as the ‘‘Legislative and is at least 50 years of age. Branch Appropriations Act, 1998’’. (2) Notwithstanding any provision of chap- Senate Restaurants of the Office of the Ar- ter 83 or 84 of title 5, United States Code, an chitect of the Capitol who— Mr. BENNETT. I further ask unani- employee described under paragraph (1) is (A) is involuntarily separated from service mous consent that the bill not be en- entitled to an annuity which shall be com- on or after the date of the enactment of this grossed, that it remain at the desk puted consistent with the provisions of law Act and before October 1, 1999 (except by re- pending receipt of the House compan- moval for cause on charges of misconduct or applicable to annuities under section 8336(d) ion measure. or 8414(b) of title 5, United States Code. delinquency); and (c) VOLUNTARY SEPARATION INCENTIVE PAY- (B) has performed any period of service em- I further ask unanimous consent that MENTS.—(1) In this subsection, the term ‘‘em- ployed in the Office of the Architect of the when the House companion measure is S7602 CONGRESSIONAL RECORD — SENATE July 16, 1997 received in the Senate, all after the en- from the President of the United George Ulaldner of Pennsylvania, and acting clause be stricken, except ap- States submitting nominations which Mr. Jonathan Brown of California. propriations for the House of Rep- were referred to the Committee on the ENROLLED BILL SIGNED resentatives and House Office Build- Judiciary. At 12:33 p.m., a message from the ings, and that the text of S. 1019, as (The nominations received today are House of Representatives, delivered by passed, be inserted in lieu thereof, the printed at the end of the Senate pro- Ms. Goetz, one of its reading clerks, an- Senate insist on its amendments, and ceedings.) nounced that the Speaker has signed request a conference with the House; f the following bill: and, finally, the Chair be authorized to H.R. 2018. An act to waive temporarily the appoint conferees on the part of the REPORT OF AN AGREEMENT BE- Medicaid enrollment composition rule for Senate. TWEEN THE UNITED STATES the Better Health Plan of Amherst, New I further ask unanimous consent that AND THE PEOPLE’S REPUBLIC York. when the House bill is passed, pursuant OF CHINA—MESSAGE FROM THE The enrolled bill was signed subse- to the previous order, the passage of S. PRESIDENT—PM 53 quently by the President pro tempore 1019 be vitiated, and that S. 1019 be in- The PRESIDING OFFICER laid be- (Mr. THURMOND). definitely postponed. fore the Senate the following message f The PRESIDING OFFICER. Is there from the President of the United MEASURES REFERRED objection? States, together with an accompanying Hearing no objection, so ordered. report; referred jointly, pursuant to 16 The following bills were read the first I thank the Chair. U.S.C. 1823(b), to the Committee on and second times by unanimous con- f Commerce, Science, and Transpor- sent and referred as indicated: tation, and to the Committee on For- H.R. 378. An act for the relief of Heraclio MORNING BUSINESS eign Relations. Tolley; to the Committee on the Judiciary. H.R. 1818. An act to amend the Juvenile Mr. BENNETT. Mr. President, I ask To the Congress of the United States: Justice and Delinquency Prevention Act of unanimous consent that there now be a In accordance with the Magnuson- 1974 to authorize appropriations for fiscal period for the transaction of morning Stevens Fishery Conservation and years 1998, 1999, 2000, and 2001, and for other business with Senators permitted to Management Act of 1976 (16 U.S.C. 1801 purposes; to the Committee on the Judici- speak for up to 5 minutes each. ary. et seq.), I transmit herewith an Agree- H.R. 2107. An act making appropriations The PRESIDING OFFICER. Without ment between the Government of the objection, it is so ordered. for the Department of the Interior and relat- United States of America and the Gov- ed agencies for the fiscal year ending Sep- f ernment of the People’s Republic of tember 30, 1998, and for other purposes; to THE VERY BAD DEBT BOXSCORE China Extending the Agreement of the Committee on Appropriations. July 23, 1985, Concerning Fisheries Off f Mr. HELMS. Mr. President, at the the Coasts of the United States, with close of business yesterday, Tuesday, EXECUTIVE AND OTHER Annexes and Agreed Minutes, as COMMUNICATIONS July 15, 1997, the federal debt stood at amended and extended. This Agree- $5,357,142,567,691.66. (Five trillion, three ment, which was effected by an ex- The following communications were hundred fifty-seven billion, one hun- change of notes at Beijing on June 6 laid before the Senate, together with dred forty-two million, five hundred and July 1, 1996, extends the 1985 Agree- accompanying papers, reports, and doc- sixty-seven thousand, six hundred nine- ment to July 1, 1998. uments, which were referred as indi- ty-one dollars and sixty-six cents) In light of the importance of our fish- cated: One year ago, July 15, 1996, the fed- eries relationship with the People’s Re- EC–2494. A communication from the Sec- eral debt stood at $5,156,314,000,000. public of China, I urge that the Con- retary of the Federal Trade Commission, (Five trillion, one hundred fifty-six bil- transmitting, pursuant to law, a report rel- gress give favorable consideration to ative to tar, nicotine, and carbon monoxide lion, three hundred fourteen million) this Agreement at an early date. Five years ago, July 15, 1992, the fed- for calendar year 1994; to the Committee on WILLIAM J. CLINTON. Commerce, Science, and Transportation. eral debt stood at $3,976,930,000,000. THE WHITE HOUSE, July 16, 1997. EC–2495. A communication from the Asso- (Three trillion, nine hundred seventy- f ciate Managing Director for Performance six billion, nine hundred thirty mil- Evaluation and Records Management, Fed- lion) MESSAGES FROM THE HOUSE eral Communications Commission, transmit- Ten years ago, July 15, 1987, the fed- ting, pursuant to law, three rules received on At 12 noon, a message from the House June 30, 1997; to the Committee on Com- eral debt stood at $2,318,428,000,000. of Representatives, delivered by Mr. (Two trillion, three hundred eighteen merce, Science, and Transportation. Hays, one of its reading clerks, an- EC–2496. A communication from the Asso- billion, four hundred twenty-eight mil- nounced that the House has passed the ciate Managing Director for Performance lion) following bills, in which it request the Evaluation and Records Management, Fed- Fifteen years ago, July 15, 1982, the concurrence of the Senate. eral Communications Commission, transmit- federal debt stood at $1,083,163,000,000 ting, pursuant to law, fifteen rules received H.R. 378. An act for the relief of Heraclio (One trillion, eighty-three billion, one on July 3, 1997; to the Committee on Com- Tolley. hundred sixty-three million) which re- merce, Science, and Transportation. H.R. 584. An act for the relief of John Wes- EC–2497. A communication from the Asso- flects a debt increase of more than $4 ley Davis. trillion—$4,273,979,567,691.66 (Four tril- ciate Managing Director for Performance H.R. 1818. An act to amend the Juvenile Evaluation and Records Management, Fed- lion, two hundred seventy-three bil- and Delinquency Prevention Act of 1974 to eral Communications Commission, transmit- lion, nine hundred seventy-nine mil- authorize appropriations for fiscal years 1998, ting, pursuant to law, a rule received on July lion, five hundred sixty-seven thou- 1999, 2000, and 2001, and for other purposes. 14, 1997; to the Committee on Commerce, sand, six hundred ninety-one dollars H.R. 2107. An act making appropriations Science, and Transportation. and sixty-six cents) during the past 15 for the Department of the Interior and relat- EC–2498. A communication from the Gen- ed agencies for the fiscal year ending Sep- years. eral Counsel of the Department of Transpor- tember 30, 1998, and for other purposes. tation, transmitting, pursuant to law, six f H.R. 2035. An act to authorize transfer of rules received on June 30, 1997; to the Com- naval vessels to certain foreign countries. MESSAGES FROM THE PRESIDENT mittee on Commerce, Science, and Transpor- The message also announced that tation. Messages from the President of the pursuant to the provisions of section EC–2499. A communication from the Gen- United States were communicated to 40003 of Public Law 105–18, the Chair eral Counsel of the Department of Transpor- the Senate by Mr. Williams, one of his announces the Speaker’s appointment tation, transmitting, pursuant to law, a rule secretaries. received on June 30, 1997; to the Committee of the following members on the part of on Commerce, Science, and Transportation. EXECUTIVE MESSAGES REFERRED the House to the National Commission EC–2500. A communication from the Gen- As in executive session the Presiding on the Cost of Higher Education: Mr. eral Counsel of the Department of Transpor- Officer laid before the Senate messages Martin Anderson of California, Mr. tation, transmitting, pursuant to law, a rule July 16, 1997 CONGRESSIONAL RECORD — SENATE S7603 received on July 7, 1997; to the Committee on INTRODUCTION OF BILLS AND ployment Opportunities Act of 1997, Commerce, Science, and Transportation. JOINT RESOLUTIONS along with my good friend and distin- EC–2501. A communication from the Gen- guished colleague, Senator MAX eral Counsel of the Department of Transpor- The following bills and joint resolu- CLELAND. We are joined by Senators tation, transmitting, pursuant to law, twelve tions were introduced, read the first rules received on July 10, 1997; to the Com- and second time by unanimous con- HUTCHINSON of Arkansas, HELMS, DOR- mittee on Commerce, Science, and Transpor- sent, and referred as indicated: GAN, ROTH, FAIRCLOTH, BURNS, LANDRIEU, MOYNIHAN, REID of Nevada, tation. By Mr. HAGEL (for himself, Mr. EC–2502. A communication from the Na- AMPBELL CLELAND, Mr. HUTCHINSON, Mr. DOR- and C . This important piece of tional Oceanic and Atmospheric Administra- GAN, Mr. BURNS, Mr. ROTH, Mr. legislation is needed to help America’s tion, National Marine Fisheries Service, De- FAIRCLOTH, Mr. HELMS, Mr. MOY- most deserving and self-sacrificing citi- partment of Commerce, transmitting, pursu- NIHAN, Ms. LANDRIEU, Mr. REID, and zens, our veterans, to get and hold jobs ant to law, a rule received on July 1, 1997; to Mr. CAMPBELL): with the Federal Government. the Committee on Commerce, Science, and S. 1021. A bill to amend title 5, United Transportation. In 1944, the Congress enacted the first States Code, to provide that consideration veterans employment preference legis- EC–2503. A communication from the Assist- may not be denied to preference eligibles ap- ant Administrator for Fisheries, National plying for certain positions in the competi- lation. That law was intended to assist Oceanic and Atmospheric Administration, tive service, and for other purposes; to the service men and women returning from National Marine Fisheries Service, Depart- Committee on Veterans Affairs. the battlefields of World War II in get- ment of Commerce, transmitting, pursuant By Mr. GREGG: ting Federal Government jobs. to law, a rule received on June 27, 1997; to S. 1022. An original bill making appropria- Through the years many changes have the Committee on Commerce, Science, and tions for the Departments of Commerce, Jus- taken place in the way we manage civil Transportation. tice, and State, the Judiciary, and related EC–2504. A communication from the Acting service personnel within our Govern- agencies for the fiscal year ending Septem- ment, and most recently there has been Director of the Office of Sustainable Fish- ber 30, 1998, and for other purposes; from the eries, National Oceanic and Atmospheric Ad- Committee on Appropriations; placed on the considerable focus on downsizing the ministration, National Marine Fisheries calendar. Federal bureaucracy. One thing has not Service, Department of Commerce, transmit- By Mr. CAMPBELL: changed however, and that is that our ting, pursuant to law, four rules; to the Com- S. 1023. An original bill making appropria- veterans need to find employment mittee on Commerce, Science, and Transpor- tions for the Treasury Department, the Unit- when they return to civilian life. tation. ed States Postal Service, the Executive Of- EC–2505. A communication from the Direc- This bill addresses the critical need fice of the President, and certain Independ- to revise and make more ‘‘user friend- tor of the Office of Sustainable Fisheries, ent Agencies, for the fiscal year ending Sep- National Oceanic and Atmospheric Adminis- tember 30, 1998, and for other purposes; from ly’’ those laws that help veterans to tration, National Marine Fisheries Service, the Committee on Appropriations; placed on get Federal jobs, and to hold on to Department of Commerce, transmitting, pur- the calendar. them as the Government downsizes. I suant to law, four rules; to the Committee By Mr. GRASSLEY (for himself, Mr. want to emphasize that this bill does on Commerce, Science, and Transportation. DASCHLE, and Mr. DURBIN): not guarantee anyone a job, but it does EC–2506. A communication from the Dep- S. 1024. A bill to make chapter 12 of title 11 allow the sacrifices made by those who uty Assistant Administrator for Fisheries, of the United States Code permanent, and for National Oceanic and Atmospheric Adminis- served in uniform to have their service other purposes; to the Committee on the Ju- recognized as they are considered along tration, National Marine Fisheries Service, diciary. Department of Commerce, transmitting, pur- By Mr. GRAHAM (for himself, Mr. with others for Federal jobs. suant to law, three rules; to the Committee MACK, and Mr. GRASSLEY): The statistical evidence of need for on Commerce, Science, and Transportation. S. 1025. A bill to provide for a study of the this legislation tells a troubling story. EC–2507. A communication from the Gen- South Florida High Intensity Drug Traffick- When Federal job openings occur, the eral Counsel of the Department of Transpor- ing Area, and for other purposes; to the Com- hiring official is sent a job referral list tation, transmitting, pursuant to law, two mittee on the Judiciary. rules received on July 16, 1997; to the Com- that includes the names of qualified mittee on Commerce, Science, and Transpor- f applicants from which the job can be tation. SUBMISSION OF CONCURRENT AND filled. The General Accounting Office f SENATE RESOLUTIONS [GAO] found that 71 percent of job re- ferral lists were returned without hir- PETITIONS AND MEMORIALS The following concurrent resolutions ing when a veteran headed the list. By The following petitions and memori- and Senate resolutions were read, and contrast, 51 percent of nonveteran lists als were laid before the Senate and referred (or acted upon), as indicated: are returned. Not only are veterans not were referred or ordered to lie on the By Mr. GORTON (for himself and Mrs. getting the preference that the stat- table as indicated: FEINSTEIN): utes require, but too often, veterans S. Res. 108. Resolution expressing the sense are less likely than other applicants to POM–185. A resolution adopted by the of the Senate on the European Commissions Blount County (Tennessee) Legislative Body handling of the Boeing McDonnell-Douglas be hired for a Federal job. relative to the National Spallation Neutron merger; to the Committee on Foreign Rela- This bill will also end unfair designer Source; to the Committee on Commerce, tions. RIFs that single out veterans for re- Science, and Transportation. f moval from the Federal work force dur- f ing reductions in force. Perhaps more STATEMENTS ON INTRODUCED important, this bill makes a violation REPORTS OF COMMITTEES BILLS AND JOINT RESOLUTIONS of this law a prohibited personnel prac- The following reports of committees By Mr. HAGEL (for himself, Mr. tice, putting teeth in the law where were submitted: CLELAND, Mr. HUTCHINSON, Mr. DORGAN, none now exist. By Mr. GREGG, from the Committee on Mr. BURNS, Mr. ROTH, Mr. FAIRCLOTH, I am proud to say that 19 military, Appropriations, without amendment: Mr. HELMS, Mr. MOYNIHAN, Ms. veterans, and patriotic associations S. 1022. An original bill making appropria- LANDRIEU, Mr. REID), and Mr. CAMP- have indicated that such legislation is tions for the Departments of Commerce, Jus- BELL: needed and that they strongly support tice, and State, the Judiciary, and related agencies for the fiscal year ending Septem- S. 1021. A bill to amend title 5, Unit- this legislation. ber 30, 1998, and for other purposes (Rept. No. ed States Code, to provide that consid- Those who have made very special 105–48). eration may not be denied to pref- contributions to America and our way By Mr. CAMPBELL, from the Committee erence eligibles applying for certain of life, ensuring freedom and individual on Appropriations, without amendment: positions in the competitive service, liberties to all Americans, deserve rec- S. 1023. An original bill making appropria- and for other purposes; to the Commit- ognition and fairness when applying for tions for the Treasury Department, the Unit- tee on Veterans Affairs. employment in Federal Government. ed States Postal Service, the Executive Of- fice of the President, and certain Independ- THE VETERANS EMPLOYMENT OPPORTUNITIES Our veterans do not ask for special ent Agencies, for the fiscal year ending Sep- ACT OF 1997 privileges. Fifty years ago this Nation tember 30, 1998, and for other purposes (Rept. Mr. HAGEL. Mr. President, I rise made the decision to recognize the sac- No. 105–49). today to introduce the Veterans Em- rifices and extra commitment made by S7604 CONGRESSIONAL RECORD — SENATE July 16, 1997 our veterans for America. This legisla- ‘‘(b) The Office of Personnel Management (or occupational level) in the competitive tion ensures that special recognition shall cause to be established and kept cur- area. In such cases, the preference eligible will be provided. rent— shall be entitled to be placed in another I am very proud to join my friend and ‘‘(1) a comprehensive list of all announce- competitive level for which such preference ments of vacant positions (in the competi- colleague, the distinguished Senator eligible is qualified. If the preference eligible tive service and the excepted service, respec- is qualified for more than one competitive from Georgia, Senator MAX CLELAND, tively) within each agency that are to be level, such preference eligible shall be placed who himself has made tremendous con- filled by appointment for more than 1 year in the competitive level containing the most tributions to this country. and for which applications are being or will positions. Mr. President, I ask unanimous con- soon be accepted from outside the agency’s ‘‘(2) For purposes of paragraph (1)— sent that the text of the bill be printed work force; and ‘‘(A) a preference eligible shall be consid- ‘‘(2) a comprehensive list of all announce- in the RECORD. ered qualified to perform the essential func- ments of vacant positions within each agen- There being no objection, the bill was tions of a position if, by reason of experi- cy for which applications are being or will ordered to be printed in the RECORD, as ence, training, or education (and, in the case soon be accepted and for which competition follows: of a disabled veteran, with reasonable ac- is restricted to individuals having competi- commodation), a reasonable person could S. 1021 tive status or employees of such agency, ex- conclude that the preference eligible would Be it enacted by the Senate and House of Rep- cluding any position required to be listed be able to perform those functions success- resentatives of the United States of America in under paragraph (1).’’. fully within a period of 150 days; and Congress assembled, (2) ADDITIONAL INFORMATION.—Section ‘‘(B) a preference eligible shall not be con- SECTION 1. SHORT TITLE. 3330(c) of title 5, United States Code, is sidered unqualified solely because such pref- This Act may be cited as the ‘‘Veterans amended by striking ‘‘and’’ at the end of erence eligible does not meet the minimum Employment Opportunities Act of 1997’’. paragraph (2), by redesignating paragraph (3) qualification requirements relating to pre- SEC. 2. EQUAL ACCESS FOR VETERANS. as paragraph (4), and by inserting after para- vious experience in a specified grade (or oc- (a) COMPETITIVE SERVICE.—Section 3304 of graph (2) the following: cupational level), if any, that are established title 5, United States Code, is amended by ‘‘(3) for all positions under subsection (b)(1) for such position by the Office of Personnel adding at the end the following: as to which section 3304(f) applies and for all Management or the agency. ‘‘(f)(1) No preference eligible, and no indi- positions under subsection (b)(2), a notation vidual (other than a preference eligible) who as to the applicability of section 3304(f) with ‘‘(h) In connection with any reduction in has been separated from the armed forces respect thereto; and’’. force, a preference eligible whose current or under honorable conditions after 3 or more (3) CONFORMING AMENDMENT.—Section most recent performance rating is at least years of active service, shall be denied the 3330(d) of title 5, United States Code, is fully successful (or the equivalent) shall opportunity to compete for an announced va- amended by striking ‘‘The list’’ and insert- have, in addition to such assignment rights cant position within an agency, in the com- ing ‘‘Each list under subsection (b)’’. as are prescribed by regulation, the right, in petitive service or the excepted service, by (d) PROVISIONS RELATING TO THE UNITED lieu of separation, to be assigned to any posi- reason of— STATES POSTAL SERVICE.— tion within the agency conducting the reduc- ‘‘(A) not having acquired competitive sta- (1) IN GENERAL.—Subsection (a) of section tion in force— tus; or 1005 of title 39, United States Code, is amend- ‘‘(1) for which such preference eligible is ‘‘(B) not being an employee of such agency. ed by adding at the end the following: qualified under subsection (g)(2)— ‘‘(2) Nothing in this subsection shall pre- ‘‘(5)(A) The provisions of section 3304(f) of ‘‘(A) that is within the preference eligible’s vent an agency from filling a vacant position title 5 shall apply with respect to the Postal commuting area and at the same grade (or (whether by appointment or otherwise) sole- Service in the same manner and under the occupational level) as the position from ly from individuals on a priority placement same conditions as if the Postal Service were which the preference eligible was released, list consisting of individuals who have been an agency within the meaning of such provi- and that is then occupied by an individual, separated from the agency due to a reduction sions. other than another preference eligible, who in force and surplus employees (as defined ‘‘(B) Nothing in this subsection shall be was placed in such position (whether by ap- under regulations prescribed by the Office).’’. considered to require the application of sec- pointment or otherwise) within 6 months be- (b) CIVIL SERVICE EMPLOYMENT INFORMA- tion 3304(f) of title 5 in the case of any indi- fore the reduction in force if, within 12 TION.— vidual who is not an employee of the Postal months prior to the date on which such indi- (1) VACANT POSITIONS.—Section 3327(b) of Service if— vidual was so placed in such position, such title 5, United States Code, is amended by ‘‘(i) the vacant position involved is to be individual had been employed in the same striking ‘‘and’’ at the end of paragraph (1), filled pursuant to a collective-bargaining competitive area as the preference eligible; by redesignating paragraph (2) as paragraph agreement; or (3), and by inserting after paragraph (1) the ‘‘(ii) the collective-bargaining agreement ‘‘(B) that is within the preference eligible’s following: restricts competition for such position to in- competitive area and that is then occupied ‘‘(2) each vacant position in the agency for dividuals employed in a bargaining unit or by an individual, other than another pref- which competition is restricted to individ- installation within the Postal Service in erence eligible, who was placed in such posi- uals having competitive status or employees which the position is located; tion (whether by appointment or otherwise) of such agency, excluding any position under ‘‘(iii) the collective-bargaining agreement within 6 months before the reduction in paragraph (1), and’’. provides that the successful applicant shall force; or (2) ADDITIONAL INFORMATION.—Section 3327 be selected on the basis of seniority or quali- ‘‘(2) for which such preference eligible is of title 5, United States Code, is amended by fications; and qualified that is within the preference eligi- adding at the end the following: ‘‘(iv) the position to be filled is within a ‘‘(c) Any notification provided under this ble’s competitive area and that is not more bargaining unit. than 3 grades (or pay levels) below that of section shall, for all positions under sub- ‘‘(C) The provisions of this paragraph shall the position from which the preference eligi- section (b)(1) as to which section 3304(f) ap- not be modified by any program developed ble was released, except that, in the case of plies and for all positions under subsection under section 1004 of this title or any collec- a preference eligible with a compensable (b)(2), include a notation as to the applicabil- tive-bargaining agreement entered into service-connected disability of 30 percent or ity of section 3304(f) with respect thereto. under chapter 12 of this title.’’. more, this paragraph shall be applied by sub- ‘‘(d) In consultation with the Secretary of (2) CONFORMING AMENDMENT.—The first sen- stituting ‘5 grades’ for ‘3 grades’. Labor, the Office shall submit to Congress tence of section 1005(a)(2) of title 39, United and the President, no less frequently than States Code, is amended by striking ‘‘title.’’ In the event that a preference eligible is en- every 2 years, a report detailing, with re- and inserting ‘‘title, subject to paragraph (5) titled to assignment to more than 1 position spect to the period covered by such report— of this subsection.’’. under this subsection, the agency shall as- ‘‘(1) the number of positions listed under SEC. 3. SPECIAL PROTECTIONS FOR PREF- sign the preference eligible to any such posi- this section during such period; ERENCE ELIGIBLES IN REDUCTIONS tion requiring no reduction (or, if there is no ‘‘(2) the number of preference eligibles and IN FORCE. such position, the least reduction) in basic other individuals described in section (a) IN GENERAL.—Section 3502 of title 5, pay. A position shall not, with respect to a 3304(f)(1) referred to such positions during United States Code, as amended by section preference eligible, be considered to satisfy such period; and 1034 of the National Defense Authorization the requirements of paragraph (1) or (2), as ‘‘(3) the number of preference eligibles and Act for Fiscal Year 1996 (Public Law 104–106; applicable, if it does not last for at least 12 other individuals described in section 110 Stat. 430), is amended by adding at the months following the date on which such 3304(f)(1) appointed to such positions during end the following: preference eligible is assigned to such posi- such period.’’. ‘‘(g)(1) A position occupied by a preference tion under this subsection. (c) GOVERNMENTWIDE LISTS.— eligible shall not be placed in a single-posi- (1) VACANT POSITIONS.—Section 3330(b) of tion competitive level if the preference eligi- ‘‘(i) A preference eligible may challenge title 5, United States Code, is amended to ble is qualified to perform the essential func- the classification of any position to which read as follows: tions of any other position at the same grade the preference eligible asserts assignment July 16, 1997 CONGRESSIONAL RECORD — SENATE S7605 rights (as provided by, or prescribed by regu- individual in a lower veterans’ preference the date on which it is filed, the complainant lations described in, subsection (h)) in an ac- subgroup within the tenure group, or in a may elect to appeal the alleged violation to tion before the Merit Systems Protection lower tenure group. the Merit Systems Protection Board in ac- Board. ‘‘(C) Within a subgroup, the agency may cordance with such procedures as the Merit ‘‘(j)(1) Not later than 90 days after the date select a qualified present or former employee Systems Protection Board shall prescribe, of the enactment of the Veterans Employ- without regard to the individual’s total cred- except that in no event may any such appeal ment Opportunities Act of 1997, each Execu- itable service. be brought— tive agency shall establish an agencywide ‘‘(5) An individual is eligible for reemploy- ‘‘(A) before the 61st day after the date on priority placement program to facilitate em- ment priority under this subsection for 2 which the complaint is filed under sub- ployment placement for employees who— years from the effective date of the reduc- section (a); or ‘‘(A)(i) are scheduled to be separated from tion in force from which the individual will ‘‘(B) later than 15 days after the date on service due to a reduction in force under— be, or has been, separated under this section which the complainant receives notification ‘‘(I) regulations prescribed under this sec- or section 3595, as the case may be. from the Secretary of Labor under section tion; or ‘‘(6) An individual loses eligibility for re- 4322(e)(1) of title 38. ‘‘(II) procedures established under section employment priority under this subsection ‘‘(2) An appeal under this subsection may 3595; or when the individual— not be brought unless— ‘‘(ii) are separated from service due to such ‘‘(A) requests removal in writing; ‘‘(A) the complainant first provides written a reduction in force; and ‘‘(B) accepts or declines a bona fide offer notification to the Secretary of Labor of ‘‘(B)(i) have received a rating of at least under this subsection or fails to accept such such complainant’s intention to bring such fully successful (or the equivalent) as the an offer within the period of time allowed for appeal; and last performance rating of record used for re- such acceptance, or ‘‘(B) appropriate evidence of compliance tention purposes; or ‘‘(C) separates from the agency before with subparagraph (A) is included (in such ‘‘(ii) occupy positions excluded from a per- being separated under this section or section form and manner as the Merit Systems Pro- formance appraisal system by law, regula- 3595, as the case may be. tection Board may prescribe) with the notice tion, or administrative action taken by the A present or former employee who declines a of appeal under this subsection. Office of Personnel Management. position with a representative rate (or equiv- ‘‘(3) Upon receiving notification under ‘‘(2)(A) Each agencywide priority place- alent) that is less than the rate of the posi- paragraph (2)(A), the Secretary of Labor ment program under this subsection shall in- tion from which the individual was separated shall not continue to investigate or further clude provisions under which a vacant posi- under this section retains eligibility for posi- attempt to resolve the complaint to which tion shall not (except as provided in this such notification relates. paragraph or any other statute providing the tions with a higher representative rate up to the rate of the individual’s last position. ‘‘(c) This section shall not be construed to right of reemployment to any individual) be prohibit a preference eligible from appealing filled by the appointment or transfer of any ‘‘(7) Whenever more than one individual is qualified for a position under this sub- directly to the Merit Systems Protection individual from outside of that agency (other Board from any action which is appealable to than an individual described in subparagraph section, the agency shall select the most the Board under any other law, rule, or regu- (B)) if— highly qualified individual, subject to para- lation, in lieu of administrative redress ‘‘(i) there is then available any individual graph (4). under this section. described in subparagraph (B) who is quali- ‘‘(8) The Office of Personnel Management fied for the position; and shall issue regulations to implement this ‘‘§ 3330b. Judicial redress ‘‘(ii) the position— subsection.’’. ‘‘(a) In lieu of continuing the administra- (b) APPLICABILITY.— ‘‘(I) is at the same grade or pay level (or tive redress procedure provided under section (1) IN GENERAL.—Subject to paragraph (2), the equivalent) or not more than 3 grades (or 3330a(b), a preference eligible or other indi- the amendments made by this section shall grade intervals) below that of the position vidual described in section 3304(f)(1) may apply with respect to— last held by such individual before place- elect, in accordance with this section, to ter- (A) reductions in force taking effect after ment in the new position; minate those administrative proceedings and the end of the 90-day period beginning on the ‘‘(II) is within the same commuting area as file an action with the appropriate United date of the enactment of this Act; or the individual’s last-held position (as re- States district court not later than 60 days (B) in the case of the Department of De- ferred to in subclause (I)) or residence; and after the date of the election. fense, reductions in force taking effect after ‘‘(III) has the same type of work schedule ‘‘(b) An election under this section may the end of the 1-year period beginning on the (whether full-time, part-time, or intermit- not be made— date of the enactment of this Act. tent) as the position last held by the individ- ‘‘(1) before the 121st day after the date on (2) ONGOING REDUCTIONS IN FORCE.—If an ual. which the appeal is filed with the Merit Sys- ‘‘(B) For purposes of an agencywide prior- agency has given written notice of a reduc- tems Protection Board under section ity placement program, an individual shall tion in force to any of its employees within 3330a(b); or be considered to be described in this subpara- a competitive area, in accordance with sec- ‘‘(2) after the Merit Systems Protection graph if such individual— tion 3502(d)(1)(A) of title 5, United States Board has issued a judicially reviewable de- ‘‘(i)(I) is an employee of such agency who is Code, before the effective date under sub- cision on the merits of the appeal. scheduled to be separated, as described in paragraph (A) or (B) of paragraph (1), as ap- ‘‘(c) An election under this section shall be paragraph (1)(A)(i); or plicable, then, for purposes of determining made, in writing, in such form and manner ‘‘(II) is an individual who became a former the rights of any employee within such area as the Merit Systems Protection Board shall employee of such agency as a result of a sep- in connection with such reduction in force, by regulation prescribe. The election shall be aration, as described in paragraph (1)(A)(ii), the amendments made by this section shall effective as of the date on which it is re- excluding any individual who separated vol- be treated as if they had never been enacted. ceived, and the administrative proceeding to untarily under subsection (f); and Nothing in the preceding sentence shall af- which it relates shall terminate immediately ‘‘(ii) satisfies clause (i) or (ii) of paragraph fect any rights under a priority placement upon the receipt of such election. (1)(B). program under section 3502(j) of title 5, Unit- ‘‘§ 3330c. Remedy ed States Code, as amended by this section. ‘‘(3)(A) If after a reduction in force the ‘‘(a) If the Merit Systems Protection Board agency has no positions of any type within SEC. 4. IMPROVED REDRESS FOR VETERANS. (in a proceeding under section 3330a) or a the local commuting areas specified in this (a) IN GENERAL.—Subchapter I of chapter court (in a proceeding under section 3330b) subsection, the individual may designate a 33 of title 5, United States Code, is amended determines that an agency has violated a different local commuting area where the by adding at the end the following: right described in section 3330a, the Board or agency has continuing positions in order to ‘‘§ 3330a. Administrative redress court (as the case may be) shall order the exercise reemployment rights under this ‘‘(a)(1) Any preference eligible or other in- agency to comply with such provisions and subsection. An agency may determine that dividual described in section 3304(f)(1) who award compensation for any loss of wages or such designations are not in the interest of alleges that an agency has violated such in- the Government for the purpose of paying re- benefits suffered by the individual by reason location expenses under subchapter II of dividual’s rights under any statute or regula- of the violation involved. If the Board or chapter 57. tion relating to veterans’ preference, or any court determines that such violation was ‘‘(B) At its option, an agency may adminis- right afforded such individual by section willful, it shall award an amount equal to tratively extend reemployment rights under 3304(f), may file a complaint with the Sec- backpay as liquidated damages. this subsection to include other local com- retary of Labor. ‘‘(b) A preference eligible or other individ- muting areas. ‘‘(2) A complaint under this subsection ual described in section 3304(f)(1) who pre- ‘‘(4)(A) In selecting employees for positions must be filed within 60 days after the date of vails in an action under section 3330a or under this subsection, the agency shall place the alleged violation, and the Secretary 3330b shall be awarded reasonable attorney qualified present and former employees in shall process such complaint in accordance fees, expert witness fees, and other litigation retention order by veterans’ preference sub- with sections 4322 (a) through (e)(1) and 4326 expenses.’’. group and tenure group. of title 38. (b) CLERICAL AMENDMENT.—The table of ‘‘(B) An agency may not pass over a quali- ‘‘(b)(1) If the Secretary of Labor is unable sections at the beginning of chapter 33 of fied present or former employee to select an to resolve the complaint within 60 days after title 5, United States Code, is amended by S7606 CONGRESSIONAL RECORD — SENATE July 16, 1997 adding after the item relating to section 3330 (A) IN GENERAL.—The Board shall, pursu- (E) a congressionally chartered veterans’ the following: ant to section 304 of the Congressional Ac- service organization that represents veterans ‘‘3330a. Administrative redress. countability Act of 1995 (2 U.S.C. 1384), issue of the Vietnam era; and ‘‘3330b. Judicial redress. regulations to implement this subsection. (F) a congressionally chartered veterans’ ‘‘3330c. Remedy.’’. (B) AGENCY REGULATIONS.—The regulations service organization that represents veterans SEC. 5. EXTENSION OF VETERANS’ PREFERENCE. issued under subparagraph (A) shall be the of World War II, the Korean conflict, the (a) AMENDMENT TO TITLE 5, UNITED STATES same as the most relevant substantive regu- Vietnam era, and the Persian Gulf War. CODE.—Paragraph (3) of section 2108 of title lations (applicable with respect to the execu- (5) DEFINITIONS.—For purposes of this sub- 5, United States Code, is amended by strik- tive branch) promulgated to implement the section— ing ‘‘the Federal Bureau of Investigation and statutory provisions referred to in paragraph (A) the term ‘‘judicial officer’’ means a jus- Drug Enforcement Administration Senior (2) except insofar as the Board may deter- tice, judge, or magistrate judge listed in sub- Executive Service, or the General Account- mine, for good cause shown and stated to- paragraph (A), (B), (F), or (G) of section ing Office;’’ and inserting ‘‘or the Federal gether with the regulation, that a modifica- 376(a)(1) of title 28, United States Code; and Bureau of Investigation and Drug Enforce- tion of such regulations would be more effec- (B) the term ‘‘justice or judge of the Unit- ment Administration Senior Executive Serv- tive for the implementation of the rights and ed States’’ has the meaning given such term ice;’’. protections under this subsection. by section 451 of such title 28. (b) AMENDMENTS TO TITLE 3, UNITED STATES (C) COORDINATION.—The regulations issued (6) SUBMISSION TO CONGRESS; EFFECTIVE CODE.— under subparagraph (A) shall be consistent DATE.— (1) IN GENERAL.—Chapter 2 of title 3, Unit- with section 225 of the Congressional Ac- (A) SUBMISSION TO CONGRESS.—Within 5 ed States Code, is amended by adding at the countability Act of 1995 (2 U.S.C. 1361). months after the date of the enactment of end the following: (5) APPLICABILITY.—Notwithstanding any this Act, the Judicial Conference of the Unit- ‘‘§ 115. Veterans’ preference other provision of this subsection, the term ed States shall submit a copy of the regula- ‘‘(a) Subject to subsection (b), appoint- ‘‘covered employee’’ shall not, for purposes tions prescribed under this subsection to the of this subsection, include an employee— Committee on Government Reform and Over- ments under sections 105, 106, and 107 shall be (A) whose appointment is made by the sight and the Committee on the Judiciary of made in accordance with section 2108, and President with the advice and consent of the the House of Representatives and the Com- sections 3309 through 3312, of title 5. ‘‘(b) Subsection (a) shall not apply to any Senate; mittee on Governmental Affairs and the appointment to a position the rate of basic (B) whose appointment is made by a Mem- Committee on the Judiciary of the Senate. pay for which is at least equal to the mini- ber of Congress or by a committee or sub- (B) EFFECTIVE DATE.—The regulations pre- mum rate established for positions in the committee of either House of Congress; or scribed under this subsection shall take ef- Senior Executive Service under section 5382 (C) who is appointed to a position, the du- fect 6 months after the date of the enact- ties of which are equivalent to those of a ment of this Act. of title 5 and the duties of which are com- Senior Executive Service position (within parable to those described in section SEC. 6. VETERANS’ PREFERENCE REQUIRED FOR the meaning of section 3132(a)(2) of title 5, REDUCTIONS IN FORCE IN THE FED- 3132(a)(2) of such title or to any other posi- United States Code). ERAL AVIATION ADMINISTRATION. tion if, with respect to such position, the (6) EFFECTIVE DATE.—Paragraphs (2) and (3) Section 347(b) of the Department of Trans- President makes certification— shall be effective as of the effective date of portation and Related Agencies Appropria- ‘‘(1) that such position is— the regulations under paragraph (4). tions Act, 1996 (109 Stat. 460) is amended by ‘‘(A) a confidential or policy-making posi- (d) JUDICIAL BRANCH APPOINTMENTS.— striking ‘‘and’’ at the end of paragraph (6), tion; or (1) IN GENERAL.—Subject to paragraphs (2) by striking the period at the end of para- ‘‘(B) a position for which political affili- through (4), the Judicial Conference of the graph (7) and inserting ‘‘; and’’, and by add- ation or political philosophy is otherwise an United States shall prescribe regulations to ing at the end the following: important qualification; and provide for— ‘‘(8) sections 3501–3504, as such sections re- ‘‘(2) that any individual selected for such (A) veterans’ preference in the consider- late to veterans’ preference.’’. position is expected to vacate the position at ation of applicants for employment, and in SEC. 7. DEFINITIONAL AMENDMENT. or before the end of the President’s term (or the conduct of any reductions in force, with- Subparagraph (A) of section 2108(1) of title terms) of office. in the judicial branch; and 5, United States Code, is amended by insert- Each individual appointed to a position de- (B) redress procedures for alleged viola- ing ‘‘during a military operation in a quali- scribed in the preceding sentence as to which tions of any rights provided for under sub- fied hazardous duty area (within the mean- the expectation described in paragraph (2) paragraph (A). ing of the first 2 sentences of section 1(b) of applies shall be notified as to such expecta- (2) REGULATIONS TO BE BASED ON EXISTING Public Law 104–117) and in accordance with tion, in writing, at the time of appointment PROVISIONS.—Under the regulations— requirements that may be prescribed in regu- to such position.’’. (A) a preference eligible (as defined by sec- lations of the Secretary of Defense,’’ after (2) CLERICAL AMENDMENT.—The table of tion 2108 of title 5, United States Code) shall ‘‘for which a campaign badge has been au- sections at the beginning of chapter 2 of title be afforded preferences similar to those thorized,’’. 3, United States Code, is amended by adding under sections 3309 through 3312, and sub- SEC. 8. FAILURE TO COMPLY WITH VETERANS’ at the end the following: chapter I of chapter 35, of such title 5; and PREFERENCE REQUIREMENTS TO (B) the redress procedures provided for BE TREATED AS A PROHIBITED PER- ‘‘115. Veterans’ preference.’’. SONNEL PRACTICE FOR CERTAIN (c) LEGISLATIVE BRANCH APPOINTMENTS.— shall be similar to those under the amend- PURPOSES. (1) DEFINITIONS.—For the purposes of this ments made by section 4. (a) IN GENERAL.—Subsection (b) of section subsection, the terms ‘‘employing office’’, (3) EXCLUSIONS.—Nothing in the regula- 2302 of title 5, United States Code, is amend- ‘‘covered employee’’, and ‘‘Board’’ shall each tions shall apply with respect to— ed— have the meaning given such term by section (A) an appointment made by the President, (1) by striking ‘‘or’’ at the end of paragraph 101 of the Congressional Accountability Act with the advice and consent of the Senate; (10); of 1995 (2 U.S.C. 1301). (B) an appointment as a judicial officer; (2) by redesignating paragraph (11) as para- (2) RIGHTS AND PROTECTIONS.—The rights (C) an appointment as a law clerk or sec- graph (12); and and protections established under section retary to a justice or judge of the United (3) by inserting after paragraph (10) the fol- 2108, sections 3309 through 3312, and sub- States; or lowing: chapter I of chapter 35, of title 5, United (D) an appointment to a position, the du- ‘‘(11)(A) knowingly take, recommend, or States Code, shall apply to covered employ- ties of which are equivalent to those of a approve any personnel action if the taking of ees. Senior Executive Service position (within such action would violate a veterans’ pref- (3) REMEDIES.— the meaning of section 3132(a)(2) of title 5, erence requirement; or (A) IN GENERAL.—The remedy for a viola- United States Code). ‘‘(B) knowingly fail to take, recommend, or tion of paragraph (2) shall be such remedy as (4) CONSULTATION.—The regulations under approve any personnel action if the failure to would be appropriate if awarded under appli- this subsection shall be prescribed by the Ju- take such action would violate a veterans’ cable provisions of title 5, United States dicial Conference of the United States, in preference requirement; or’’. Code, in the case of a violation of the rel- consultation with— (b) DEFINITION; LIMITATION.—Section 2302 evant corresponding provision (referred to in (A) the largest congressionally chartered of title 5, United States Code, is amended by paragraph (2)) of such title. veterans’ service organization; adding at the end the following: (B) PROCEDURE.—The procedure for consid- (B) 2 congressionally chartered veterans’ ‘‘(e)(1) For the purpose of this section, the eration of alleged violations of paragraph (2) service organizations that represent former term ‘veterans’ preference requirement’ shall be the same as apply under section 401 noncommissioned officers; means any of the following provisions of law: of the Congressional Accountability Act of (C) a congressionally chartered veterans’ ‘‘(A) Sections 2108, 3305(b), 3309, 3310, 3311, 1995 (and the provisions of law referred to service organization that represents veterans 3312, 3313, 3314, 3315, 3316, 3317(b), 3318, 3320, therein) in the case of an alleged violation of who have fought in foreign wars; 3351, 3352, 3363, 3501, 3502(b), 3504, and 4303(e) part A of title II of such Act. (D) a congressionally chartered veterans’ and (with respect to a preference eligible re- (4) REGULATIONS TO IMPLEMENT SUB- service organization that represents veterans ferred to in section 7511(a)(1)(B)) subchapter SECTION.— with service-connected disabilities; II of chapter 75 and section 7701. July 16, 1997 CONGRESSIONAL RECORD — SENATE S7607 ‘‘(B) Sections 943(c)(2) and 1784(c) of title Unfortunately, after over 50 years of I yield the floor. 10. operation, the preference is not work- ‘‘(C) Section 1308(b) of the Alaska National ing as intended. Today, many veterans By Mr. GRASSLEY (for himself, Interest Lands Conservation Act. do not receive the hiring preference Mr. DURBIN, and Mr. DASCHLE) ‘‘(D) Section 301(c) of the Foreign Service guaranteed to them. It brings to my S. 1024. A bill to make chapter 12 of Act of 1980. title 11 of the United States Code per- ‘‘(E) Sections 106(f), 7281(e), and 7802(5) of mind a quote from one of Wellington’s title 38. troops: manent, and for other purposes; to the ‘‘(F) Section 1005(a) of title 39. In time of war and not before, God and the Committee on the Judiciary. ‘‘(G) Any other provision of law that the soldier men adore. But in time of peace with THE FAMILY FARMER PROTECTION ACT OF 1997 Director of the Office of Personnel Manage- all things righted, God is forgotten and the Mr. GRASSLEY. Mr. President, I rise ment designates in regulations as being a soldier slighted. today to introduce the Working Family veterans’ preference requirement for the pur- We are slighting our soldiers by not Farmer Protection Act of 1997. As the poses of this subsection. honoring a commitment made to them only family farmer in the Senate, I feel ‘‘(H) Any regulation prescribed under sub- in recognition of their sacrifice. There I have a unique responsibility to make section (b) or (c) of section 1302 and any is compelling anecdotal evidence that other regulation that implements a provi- sure that family farming remains a sion of law referred to in any of the preced- leads us to believe that the current law strong and vibrant part of American ing subparagraphs. is not working. Furthermore, the Gen- life. For generations, family farms ‘‘(2) Notwithstanding any other provision eral Accounting Office has concluded have fed this country. But the global of this title, no authority to order corrective through its review of the veterans pref- marketplace presents some new and action shall be available in connection with erence program that in many in- unique challenges to the family farm- a prohibited personnel practice described in stances, veterans are less likely than er. That’s why I’m introducing the subsection (b)(11). Nothing in this paragraph other applicants to be hired for Federal shall be considered to affect any authority Family Farmer Protection Act today, under section 1215 (relating to disciplinary jobs. on behalf of myself and Senator DUR- action).’’. We believe this is wrong. We need to BIN. (c) REPEALS.— put more teeth in our veterans pref- This bill makes chapter 12 of the (1) PROVISIONS OF TITLE 10, UNITED STATES erence law. Bankruptcy Code permanent. Cur- CODE.—Section 1599c of title 10, United Our bill has seven simple parts to it. rently, chapter 12 is due to expire in States Code, and the item relating to such First, it will create an effective re- 1998, and I think it would be a terrible section in the table of sections at the begin- dress system for men and women whose error if this Congress did not act now ning of chapter 81 of such title are repealed. veterans preference rights are violated. (2) SECTION 2302(a)(1) OF TITLE 5, UNITED Second, it will remove artificial bar- to reauthorize chapter 12 on a perma- STATES CODE.—Subsection (a)(1) of section riers that bar qualified veterans from nent basis. 2302 of title 5, United States Code, is amend- In order to understand why we need ed to read as follows: competing for Federal jobs. Third, it will prohibit unfair person- to make chapter 12 permanent, I think ‘‘(a)(1) For the purpose of this title, ‘pro- we have to go back a decade or so to hibited personnel practice’ means any action nel practices which rig the system described in subsection (b).’’. against job protection rights of veter- the 1980’s farm crisis. During the mid- (d) SAVINGS PROVISION.—This section shall ans. 1980’s, the agricultural economy in the be treated as if it had never been enacted for Fourth, it will provide enhanced op- Midwest took a sharp downturn. And purposes of any personnel action (within the portunity for veterans to find other many family farmers were forced into meaning of section 2302 of title 5, United Federal jobs during reductions in force. bankruptcy. At that time, the only States Code) preceding the date of the enact- choice a family farmer had was to go ment of this Act. Fifth, it will extend the veterans into chapter 11 of the Bankruptcy Mr. CLELAND. Mr. President, I want preference to nonpolitical jobs in the legislative and judicial branches and Code. Under chapter 11, the creditors to compliment the distinguished Sen- form a committee and help to draw up ator from Nebraska on his tremendous the White House. Sixth, our bill will make a violation a reorganization plan. Most family work and the work of his staff in put- farms only had one major creditor—the ting together this legislation. He and of veterans preference laws a prohib- bank with the mortgage on the farm. his team have worked closely with me ited personnel practice, providing en- And that one creditor was able to keep and my staff. This legislation is a re- hanced for disciplinary measure for farmers from reorganizing in an effec- sult of their efforts. those who wilfully violate the law. It is my pleasure to join my distin- Finally, the measure extends the tive way. As a result, the family farm- ers who filed chapter 11 were fre- guished colleague, Senator HAGEL, in preference to those men and women cosponsorship of this important bill to now serving in Bosnia. quently forced out of farming. In short, improve our veterans preference sys- Our bill is supported by all of the the family farm was on a fast track to tem. As the former head of the Veter- major veterans service organizations extinction, and family farmers were ans Administration myself, I certainly including The American Legion, fast becoming an endangered species. see the need for it. AMVETS, the Veterans of Foreign That’s why in 1986 I drafted an en- During World War II, America de- Wars, the Retired Enlisted Association, tirely new chapter of the Bankruptcy cided to pay special recognition to the the Air Force Sergeants Association, Code to preserve the family farm. That men and women who have defended our the Blinded American Veterans Foun- chapter is chapter 12. Chapter 12 sim- freedom by serving in the armed forces. dation, the Blinded Veterans Associa- ply limits the power of the bank to ex- The Veterans Preference Act has been tion, the Disabled Veterans, the Fleet ercise a veto over a farmer’s reorga- the law of the land since 1944. The Reserve Association, the Jewish War nization plan. premise of this law is simple. When Veterans of the USA, the Korean War I think it’s very important to realize veterans return to civilian life after Veterans Association, the Military that chapter 12 is not a handout or a serving in combat, they are given a Order of the Purple Heart, the National get-out-of-debt-free card. Farmers are preference if all other factors are equal Association for Uniformed Services, hard-working people who want the when they seek to work for the Federal the National Military and Veterans Al- chance to earn their way. In fact, chap- Government. I do not think anyone liance, the Naval Reserve Association, ter 12 is modeled on chapter 13, where could argue with offering such a pref- the Noncommissioned Officers Associa- individuals set up plans to repay a por- erence to the men and women of who tion, the Paralyzed Veterans of Amer- tion of their debts. risked their lives in service to this Na- ica, and the Vietnam Veterans of Chapter 12 has been wildly successful. tion. America. So many times in Washington we de- That simple premise still holds true As a Vietnam Veteran, I look forward velop programs and laws with the best today. While we live in a time of rel- to working with my fellow Vietnam of intentions. But when these programs ative peace, the sacrifices made by our Veteran, Senator HAGEL, on passing get to the real world, they don’t work men and women in uniform who serve this critical legislation to strengthen well. Chapter 12, on the other hand, has in or near combat are just as great. We the veterans preference program. I urge worked exactly as intended. According must remain steadfast in our commit- the support of my colleagues and this to a recent University of Iowa study, 74 ment to our veterans. bill’s swift passage. percent of family farmers who filed S7608 CONGRESSIONAL RECORD — SENATE July 16, 1997 chapter 12 bankruptcy are still farming sobering. Nationwide, cheap, high pu- REID] was added as a cosponsor of S. 22, and 61 percent of farmers who went rity heroin is making a comeback in a bill to establish a bipartisan national through chapter 12 believe that chapter popularity, and demand is on the rise. commission to address the year 2000 12 was helpful in getting farmers back The drug syndicates are meeting the computer problem. on their feet. growing demands. Cocaine continues as S. 25 In conclusion, chapter 12 works and a popular recreational drug. As long as At the request of Mr. MCCAIN, the it works well. Let’s make sure that we there is a demand, drug dealers con- name of the Senator from Virginia [Mr. keep this safety net for family farmers tinue to find ways to meet that de- ROBB] was added as a cosponsor of S. in place. I urge my colleagues to think mand. Despite a massive education and 25, a bill to reform the financing of of this bill as a low-cost insurance pol- public awareness campaign to warn Federal elections. teenagers about the dangers of drug icy for an important part of America’s S. 852 use, teen drug arrests have more than economy and America’s heritage. At the request of Mr. LOTT, the name doubled in the past 5 years. Some of of the Senator from New Mexico [Mr. By Mr. GRAHAM (for himself, those arrested are as young as 12 years DOMENICI] was added as a cosponsor of Mr. MACK, and Mr. GRASSLEY): old. In the Orlando area, over 1,500 S. 852, a bill to establish nationally S. 1025. A bill to provide for a study teens between the ages of 12 and 17 uniform requirements regarding the ti- of the south Florida high-intensity years old were arrested for using or tling and registration of salvage, non- drug trafficking area, and for other selling illegal drugs in 1995. The city of repairable, and rebuilt vehicles. purposes; to the Committee on the Ju- Orlando, through which the I–4 cor- diciary. ridor runs, ranked fifth in the Nation S. 885 for cocaine-related deaths per capita in At the request of Mr. D’AMATO, the EXPANSION OF SOUTH FLORIDA HIDTA TO name of the Senator from Connecticut INCLUDE I–4 CORRIDOR LEGISLATION 1995. Other crimes such as shootings, Mr. GRAHAM. Mr. President, today I carjackings, robbery, and gang activi- [Mr. DODD] was added as a cosponsor of am introducing a bill, cosponsored by ties are byproducts of the drug prob- S. 885, a bill to amend the Electronic Fund Transfer Act to limit fees Mr. MACK and Mr. GRASSLEY, which lem, and are also on the rise in our will expand the existing south Florida local communities. We are truly bat- charged by financial institutions for high-intensity drug trafficking area tling for the lives of our young people. the use of automatic teller machines, [HIDTA], to include the Interstate 4 There is a general feeling of despair and for other purposes. corridor which runs between Daytona among the various agencies trying to S. 951 Beach and the Tampa Bay area in my combat this problem. We need to be At the request of Mr. TORRICELLI, the home State of Florida. proactive in helping them. Because of name of the Senator from Minnesota Illegal drug activities continue to its central location, the I–4 corridor is [Mr. WELLSTONE] was added as a co- plague the State of Florida. In 1994, emerging as a hub used increasingly by sponsor of S. 951, a bill to reestablish more than $5 billion in funds from co- international drug syndicates to dis- the Office of Noise Abatement and Con- caine traffic were laundered through tribute their goods throughout the Na- trol in the Environmental Protection south Florida and the I–4 corridor. tion. This is a problem which affects us Agency. Over 23 metric tons of cocaine were all. The use of illegal drugs and drug S. 977 seized during that same time period. related deaths are increasing at an At the request of Mr. TORRICELLI, the Over 250 organized drug trafficking alarming rate. name of the Senator from Illinois [Ms. groups have been identified as operat- As we saw with the establishment of MOSELEY-BRAUN] was added as a co- a HIDTA in south Florida, a coordi- ing between south Florida and the I–4 sponsor of S. 977, a bill to amend the nated Federal, State, and local effort is corridor. These statistic are stagger- Forest and Rangeland Renewable Re- the key to bringing this problem under ing. While some progress is being made sources Planning Act of 1974 and relat- control. This HIDTA has proven itself to limit the spread of illegal drugs, ed laws to strengthen the protection of as a model of efficiency and effective- there is still a lot of work to be done. native biodiversity and ban ness in controlling the expansion of I continuously hear from the law en- clearcutting on Federal lands, and to drug activities in the area. The exist- forcement personnel operating along designate certain Federal lands as An- ing south Florida HIDTA is a model of the I–4 corridor that they are being cient Forests, Roadless Areas, Water- the results which can occur when the overwhelmed by the growth in drug shed Protection Areas, Special Areas, various law enforcement agencies and Federal Boundary Areas where log- trafficking activities in that area. mount a coordinated battle with a uni- Drug traffickers are becoming increas- ging and other intrusive activities are fied strategy of engagement. We have prohibited. ingly proficient in distributing drugs. seen moderation in the drug related in- S. 1013 They are using high technology equip- cidents since the south Florida HIDTA At the request of Mr. FRIST, the ment to evade detection. They have an was established in 1990. In fact, the suc- name of the Senator from Tennessee extensive communications network, cess of the south Florida HIDTA is par- [Mr. THOMPSON] was added as a cospon- and almost unlimited funds with which tially responsible for the increase in il- sor of S. 1013, a bill to provide for the to pursue their illegal activities. Cur- legal drug activity along the I–4 cor- guarantee of the payment of interest rent law enforcement assets are simply ridor. no match for the highly organized drug Expanding this successful HIDTA to on loans to certain air carriers for the operators. Seized assets from drug traf- include the I–4 corridor makes common purchase of regional jet aircraft to im- fickers in this area during 1996 included sense. It will allow us to devote addi- prove air transportation to under- over $425 million in currency and prop- tional resources to combat a problem served markets, and for other purposes. erty. The basic problem is how do we which has nationwide implications. By At the request of Mr. FRIST, the compete with these highly funded and implementing a coordinated enforce- name of the Senator from Montana well equipped drug trafficking organi- ment strategy directed at combating [Mr. BURNS] was withdrawn as a co- zations? the problems of illegal drugs and vio- sponsor of S. 1013, supra. I repeatedly hear the same story lent crime, we demonstrate to the drug SENATE CONCURRENT RESOLUTION 30 from the Drug Enforcement Adminis- community that we are dedicated to At the request of Mr. HELMS, the tration, the Customs Service, the FBI, facing this battle head on—and finally, name of the Senator from Montana and the Florida Department of Law En- it will show that we are committed [Mr. BURNS] was added as a cosponsor forcement; they need help. This is a protecting the future of our young peo- of Senate Concurrent Resolution 30, a problem which impacts not only the ple. concurrent resolution expressing the State of Florida, but it also impacts f sense of the Congress that the Republic the entire Nation as illegal drugs are of China should be admitted to multi- distributed from the I–4 corridor to ADDITIONAL COSPONSORS lateral economic institutions, includ- other parts of the country. S. 22 ing the International Monetary Fund The statistics on the growth of the At the request of Mr. MOYNIHAN, the and the International Bank for Recon- drug industry along the I–4 corridor are name of the Senator from Nevada [Mr. struction and Development. July 16, 1997 CONGRESSIONAL RECORD — SENATE S7609

SENATE CONCURRENT RESOLUTION 38 engaged in the management of activities or On page 97, line 6, insert a comma after the At the request of Mr. ROTH, the projects supported by the Defense Enterprise word ‘‘sale’’ and strike the word ‘‘or’’. names of the Senator from Mississippi Fund. On page 97, line 7, after the word ‘‘trans- (R) 60 days after the date of enactment of fer’’ insert ‘‘, or licensing’’. [Mr. COCHRAN], and the Senator from this Act, the Administrator of AID shall re- On page 97, line 7, after the word ‘‘heli- Alaska [Mr. STEVENS] were added as co- port to the Committees on Appropriations on copter’’ insert ‘‘for Indonesia entered into by sponsors of Senate Concurrent Resolu- the rate of obligation and risk and antici- the United States’’. tion 38, a concurrent resolution to pated returns associated with commitments state the sense of the Congress regard- made by the U.S. Russia Investment Fund. MCCONNELL (AND LEAHY) ing the obligations of the People’s Re- The report shall include a recommendation AMENDMENTS NOS. 880–882 on the continued relevance and advisability public of China under the Joint Dec- of the initial planned life of project commit- Mr. MCCONNELL (for himself and laration and the Basic Law to ensure ment. Mr. LEAHY) proposed three amend- that Hong Kong remains autonomous, ments to the bill, S. 955, supra; as fol- the human rights of the people of Hong LEAHY (AND MCCONNELL) lows: Kong remain protected, and the gov- AMENDMENTS NOS. 877–879 AMENDMENT NO. 880 ernment of the Hong Kong SAR is Mr. MCCONNELL (for Mr. LEAHY, for On page 102, line 9, after the word ‘‘1998.’’, elected democratically. insert the following: himself and Mr. MCCONNELL) proposed f three amendments to the bill, S. 955, EXCESS DEFENSE ARTICLES FOR CERTAIN supra; as follows: EUROPEAN COUNTRIES SENATE RESOLUTION 108—EX- SEC. 575. Section 105 of Public Law 104–164 AMENDMENT NO. 877 PRESSING THE SENSE OF THE (110 Stat. 1427) is amended by striking ‘‘1996’’ SENATE At the appropriate place in the bill, insert and 1997’’ and inserting ‘‘1998 and 1999’’. the following: Mr. GORTON (for himself and Mrs. SEC. 576. ADDITIONAL REQUIREMENTS RELAT- DEVELOPMENT CREDIT AUTHORITY ING TO STOCKPILING OF DEFENSE FEINSTEIN) submitted the following res- For the cost, as defined in section 502 of ARTICLES FOR FOREIGN COUN- olution; which was referred to the the Congressional Budget Act of 1974, of di- TRIES. Committee on Foreign Relations: rect loans and loan guarantees in support of (a) VALUE OF ADDITIONS TO STOCKPILES.— Section 514(b)(2)(A) of the Foreign Assist- S. RES. 108 the development objectives of the Foreign Assistance Act of 1961 (FAA), up to ance Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is Whereas, The Boeing Company and McDon- $10,000,000, which amount may be derived by amended by inserting before the period at nell Douglas have announced their merger; transfer from funds appropriated by this Act the end the following: ‘‘and $60,000,000 for fis- and to carry out part I of the Foreign Assistance cal year 1998’’. Whereas, The Department of Defense has Act of 1961 and funds appropriated by this (b) REQUIREMENTS RELATING TO THE REPUB- approved that merger as consistent with the Act under the heading ‘‘Assistance for East- LIC OF KOREA AND THAILAND.—Section national security of the United States; and ern Europe and the Baltic States’’, to remain 514(b)(2)(B) of such Act (22 U.S.C. Whereas, The Federal Trade Commission available until expended: Provided, That of 2321h(b)(2)(B)) is amended by adding at the has found that merger not to violate the this amount, up to $1,500,000 for administra- end the following: ‘‘Of the amount specified anti-trust laws of the United States; and tive expenses to carry out such programs in subparagraph (A) for fiscal year 1998, not Whereas, The European Commission has may be transferred to and merged with ‘‘Op- more than $40,000,000 may be made available consistently criticized and threatened the erating Expenses of the Agency for Inter- for stockpiles in the Republic of Korea and merger before, during and after its consider- national Development’’: Provided further, not more than $20,000,000 may be made avail- ation of the facts; and That the provisions of section 107A(d) (relat- able for stockpiles in Thailand.’’. Whereas, The sole true reason for the Eu- ing to general provisions applicable to devel- SEC. 577. DELIVERY OF DRAWDOWN BY COMMER- ropean Commission’s criticism and immi- opment credit authority) of the Foreign As- CIAL TRANSPORTATION SERVICES. nent disapproval of the merger is to gain an sistance Act of 1961, as added by section 306 Section 506 of the Foreign Assistance Act unfair competitive advantage for Airbus, a of H.R. 1486 as reported by the House Com- of 1961 (22 U.S.C. 2318) is amended— government owned aircraft manufacturer; mittee on International Relations on May 9, (1) in subsection (b)(2), by striking the pe- Now therefore, It is the Sense of the Sen- 1997, shall be applicable to direct loans and riod and inserting the following: ‘‘, including ate that any such disapproval on the part of loan guarantees provided under this para- providing the Congress with a report detail- ing all defense articles, defense services, and the European Commission would constitute graph: Provided further, That direct loans or military education and training delivered to an unwarranted and unprecedented inter- loan guarantees under this paragraph may the recipient country or international orga- ference in a United States business trans- not be provided until the Director of the Of- nization upon delivery of such articles or action that would threaten thousands of fice of Management and Budget has certified upon completion of such services or edu- to the Committees on Appropriations that American aerospace jobs; and cation and training. Such report shall also the Agency for International Development The Senate suggests that the President include whether any savings were realized by has established a credit management system take such actions as he deems appropriate to utilizing commercial transport services rath- capable of effectively managing the credit protect U.S. interests in connection there- er than acquiring those services from United programs funded under this heading, includ- with. States Government transport assets.’’; ing that such system: (1) can provide accu- f (2) by redesignating subsection (c) as sub- rate and timely provision of loan and loan section (d); and AMENDMENTS SUBMITTED guarantee data, (2) contains information (3) by inserting after subsection (b) the fol- control systems for loan and loan guarantee lowing: data, (3) is adequately staffed, and (4) con- ‘‘(c) For the purpose of any provision of tains appropriate review and monitoring pro- THE FOREIGN OPERATIONS, EX- law that authorizes the drawdown of defense cedures. or other articles or commodities, or defense PORT FINANCING, AND RELATED or other services from an agency of the Unit- PROGRAMS APPROPRIATIONS AMENDMENT NO. 878 ed States Government, such drawdown may ACT, 1998 On page 20, line 14, after the word ‘‘para- include the supply of commercial transpor- graph’’ insert the following: ‘‘Provided fur- tation and related services that are acquired ther, That up to $22,000,000 made available by contract for the purposes of the drawdown McCONNELL (AND LEAHY) under this heading may be transferred to the in question if the cost to acquire such com- AMENDMENT NO. 876 Export Import Bank of the United States, mercial transportation and related services and up to $8,000,000 of the funds made avail- is less than the cost to the United States Mr. MCCONNELL (for himself and able under this heading may be transferred Government of providing such services from Mr. LEAHY) proposed an amendment to to the Micro and Small Enterprise Develop- existing agency assets.’’. the bill (S. 955) making appropriations ment Program, to be used for the cost of di- for foreign operations, export financ- rect loans and loan guarantees for the fur- AMENDMENT NO. 881 ing, related programs for the fiscal therance of programs under this heading: On page 34, line 21, after the word ‘‘Act’’ Provided further, That such costs, including insert the following: ‘‘: Provided further, That year ending September 30, 1998, and for the cost of modifying such loans, shall be as funds made available under this paragraph other purposes; as follows: defined in section 502 of the Congressional shall be obligated upon apportionment in ac- On page 27, line 15 insert the following new Budget Act of 1974’’. cordance with paragraph (5)(C) of title 31, sections: United States Code, section 1501(a).’’ (Q) None of the funds appropriated under AMENDMENT NO. 879 this heading or in prior appropriations legis- On page 97, line 5, strike the words ‘‘be- AMENDMENT NO. 882 lation may be made available to establish a tween the United States and the Government On page 24, line 9 insert after the word joint public-private entity or organization of Indonesia’’. ‘‘resolution’’ the following: ‘‘Provided further, S7610 CONGRESSIONAL RECORD — SENATE July 16, 1997

That the Secretary shall submit such deter- Mr. ABRAHAM) proposed an amendment SMITH OF OREGON (AND OTHERS) mination and certification prior to March 31, to the bill, S. 955, supra; as follows: AMENDMENT NO. 888 1998.’’ On page 17, line 14, strike the number Mr. SMITH of Oregon (for himself, ‘‘$2,585,100,000’’ and insert in lieu thereof, Mr. NICKLES, Mr. THOMAS, Mr. HUTCH- LEAHY (AND BIDEN) AMENDMENT ‘‘$2,541,150,000’’. INSON, Mr. GORTON, Mr. BRYAN, Mr. NO. 883 On page 17, line 20, after the word ‘‘later:’’ KEMPTHORNE, Mr. HELMS, Mr. D’AMATO, Mr. MCCONNELL (for Mr. LEAHY, for insert ‘‘Provided further, That not less than Mr. BENNETT, and Mr. SMITH of New himself and Mr. BIDEN) proposed an $815,000,000 shall be available only for Egypt, Hampshire) proposed an amendment to amendment to the bill, S. 955, supra; as which sum shall be provided on a grant basis, and of which sum cash transfer assistance the bill, S. 955, supra; as follows: follows: may be provided, with the understanding On page 92, line 16, strike ‘‘is authorized At the appropriate place in the bill, insert that Egypt will undertake significant eco- the following new section, the renumber the to’’ and insert ‘‘shall’’. nomic reforms which are additional to those On page 92, line 21, strike ‘‘should’’ and in- remaining sections accordingly: which were undertaken in previous fiscal sert ‘‘shall’’. SEC. . TO PROHIBIT FOREIGN ASSISTANCE TO years:’’ THE GOVERNMENT OF RUSSIA On page 33, line 26, strike the number SHOULD IT ENACT LAWS WHICH BROWNBACK AMENDMENT NO. 884 ‘‘$3,265,000,000’’ and insert in lieu thereof WOULD DISCRIMINATE AGAINST MI- Mr. BROWNBACK proposed an ‘‘$3,308,950,000’’. NORITY RELIGIOUS FAITHS IN THE amendment to the bill, S. 955, supra; as On page 34, line 3, after the word ‘‘Israel’’ RUSSIAN FEDERATION. follows: insert ‘‘, and not less than $1,300,000,000 shall None of the funds appropriated under this be made available for grants only for Act may be made available for the Govern- At the appropriate place, insert the follow- Egypt.’’ ment of Russian Federation unless the Presi- ing: dent determines and certifies in writing to SEC. . PROMOTION OF RELIGIOUS FREEDOM the Committee on Appropriations and the AND HUMAN RIGHTS. Committee on Foreign Relations of the Sen- (a) REPORTS.—Not later than March 30, MCCONNELL (AND OTHERS) ate that the Government of the Russian Fed- 1998, and each subsequent year thereafter, AMENDMENT NO. 886 eration has enacted no statute or promul- the Secretary of State shall submit to the Mr. MCCONNELL (for himself, Mr. gated no executive order that would dis- International Relations Committee of the EAHY OBB ERREY criminate, or would have as its principal ef- House of Representatives and the Foreign L , Mr. R , Mr. K , and Mr. Relations Committee of the Senate an an- HAGEL) proposed an amendment to the fect discrimination, against religious mi- nual report on religious persecution on a bill, S. 955, supra; as follows: norities in the Russian Federation in viola- tion of accepted international agreements on country-by-country basis. Reports shall in- On page 11, line 14 strike all after the word human rights and religious freedoms to clude a list of individuals who have been ma- ‘‘Of’’ through page 12, line 13, ending with which the Russian Federation is a signatory, terially involved in the commission of acts the number ‘‘1997.’’ and insert in lieu thereof including the European Convention and the of persecution that are motivated by a per- the following: ‘‘None of the funds appro- 1989 Vienna Concluding Document of the son’s religion. priated by this Act may be made available Conference on Security and Cooperation in (b) PRISONER INFORMATION REGISTRY.—The for activities or programs in Cambodia until Europe. Secretary of State shall establish a Prisoner the Secretary of State determines and re- Information Registry which shall provide in- ports to the Committees on Appropriations formation on all political prisoners, pris- that the Government of Cambodia has: (1) SMITH OF OREGON (AND OTHERS) oners of conscience, and prisoners of faith on not been established in office by the use of AMENDMENT NO. 889 a country-by-country basis. Such informa- force or a coup d’etat; (2) discontinued all po- tion shall include the charges, judicial proc- litical violence and intimidation of journal- Mr. SMITH of Oregon (for himself, esses, administrative actions, use of forced ists and members of opposition parties; (3) Mr. NICKLES, Mr. KEMPTHORNE, Mr. labor, incidences of torture, length of impris- established an independent election commis- BRYAN, and Mr. REID) proposed an onment, physical and health conditions, and amendment to the bill, S. 955, supra; as other matters related to the incarceration of sion; (4) protected the rights of voters, can- such prisoners. The Secretary of State is au- didates, and election observers and partici- follows: thorized to make funds available to non- pants by establishing laws and procedures In lieu of the language proposed to be in- governmental organizations presently en- guaranteeing freedom of speech and assem- serted, insert the following: bly; and (5) eliminated corruption and col- gaged in monitoring activities regarding SEC. . TO PROHIBIT FOREIGN ASSISTANCE TO such prisoners to assist in the creation and laboration with narcotics smugglers: Pro- THE GOVERNMENT OF RUSSIA maintenance of the registry. vided, That the previous proviso shall not SHOULD IT ENACT LAWS WHICH (c) SENSE OF CONGRESS CONCERNING ESTAB- apply to humanitarian programs or other ac- WOULD DISCRIMINATE AGAINST MI- LISHMENT OF A COMMISSION ON SECURITY AND tivities administered by nongovernmental NORITY RELIGIOUS FAITHS IN THE COOPERATION IN ASIA.—It is the sense of the organizations: Provided further, That 30 days RUSSIAN FEDERATION. Congress that Congress, the President, and after enactment of this Act, the Secretary of None of the funds appropriated under this the Secretary of State should work with the State, in consultation with the Director of Act may be made available for the Govern- governments of the People’s Republic of the Federal Bureau of Investigations, shall ment of Russian Federation unless the Presi- China and other countries to establish a report to the Committees on Appropriations dent determines and certifies in writing to Commission on Security and Cooperation in on the results of the FBI investigation into the Committee on Appropriations and the Asia which would be modeled after the Com- the bombing attack in Phnom Penh on Committee on Foreign Relations of the Sen- mission on Security and Cooperation in Eu- March 30, 1997.’’ ate that the Government of the Russian Fed- rope. eration has enacted no statute or promul- SEC. . UNITED STATES INTELLIGENCE ACTIVI- gated no executive order that would dis- TIES RELATED TO MONITORING MCCONNELL (AND OTHERS) criminate, or would have as its principal ef- HUMAN RIGHTS ABUSES AND RELI- AMENDMENT NO. 887 fect discrimination, against religious mi- GIOUS PERSECUTION. norities in the Russian Federation in viola- (a) IN GENERAL.—The President shall de- Mr. MCCONNELL (for himself, Mr. tion of accepted international agreements on vote additional personnel and resources to LEAHY, Mr. KERREY, and Mr. HAGEL) human rights and religious freedoms to gathering intelligence information regarding proposed an amendment to the bill, S. which the Russian Federation is a signatory, human rights abuses and acts of religious 955, supra; as follows: including the European Convention and the persecution. 1989 Vienna Concluding Document of the (b) REPORT.—Not later than March 30, 1998, On page 96, line 20 strike all after the word ‘‘Cambodia’’ through page 97, line 2, ending Conference on Security and Cooperation in the President shall submit to the Inter- Europe. national Relations Committee of the House with the word ‘‘smugglers.’’ and insert in lieu thereof the following: ‘‘has: (1) not been This section shall become effective one day of Representatives and the Foreign Relations after the enactment of this bill. Committee of the Senate a report on the established in office by the use of force or a number of personnel and resources that are coup d’etat; (2) discontinued all political vio- being devoted to gathering intelligence in- lence and intimidation of journalists and HUTCHINSON AMENDMENT NO. 890 formation regarding human rights abuses members of opposition parties; (3) estab- Mr. HUTCHINSON proposed an and acts of religious persecution. lished an independent election commission; (4) protected the rights of voters, candidates, amendment to the bill, S. 955, supra; as follows: McCONNELL (AND OTHERS) and election observers and participants by AMENDMENT NO. 885 establishing laws and procedures guarantee- At the appropriate place in the bill insert ing freedom of speech and assembly; and (5) the following: ‘‘It is the sense of the Senate Mr. MCCONNELL (for himself, Mr. eliminated corruption and collaboration that the nondiscriminatory treatment ex- LEAHY, Mr. STEVENS, Mr. BYRD, and with narcotics smugglers.’’ tended to the People’s Republic of China on July 16, 1997 CONGRESSIONAL RECORD — SENATE S7611 May 29, 1997, pursuant to section 402(c) of the Georgia, Kazakstan, Kyrgystan, Tajikistan, (1) no person subject to U.S. law as it per- Trade Act of 1974 should be withdrawn.’’ Turkmenistan, and Uzbekistan. tains to expenditures of money in Cuba shall be prohibited from sending to his or her par- ALLARD AMENDMENT NO. 891 GORTON (AND OTHERS) ent, sibling, spouse, or child currently resid- AMENDMENT NO. 893 ing in Cuba small amounts of money (not to Mr. ALLARD proposed an amend- exceed $200 per month) to be used for the ment to the bill, S. 955, supra; as fol- Mr. GORTON (for himself, Mr. DUR- purchase of basic necessities, including food, lows: BIN, Mr. MCCONNELL, and Mr. D’AMATO) clothing, household supplies, rent, medi- On page 4, line 22, strike ‘‘$32,000,000’’ and proposed an amendment to the bill, S. cines, and medical care; insert ‘‘$21,000,000’’. 955, supra; as follows: (2) Each person subject to U.S. law as it pertains to expenditures of money in Cuba in At the appropriate place, insert the follow- relation to travel to Cuba shall be free to ing: BROWNBACK AMENDMENT NO. 892 travel without limitation for periods not to SEC. . SENSE OF THE SENATE REGARDING ES- exceed 30 days per any one trip to attend to Mr. BROWNBACK proposed an TONIA, LATVIA, AND LITHUANIA. a medical emergency involving, or to attend amendment to the bill, S. 955, supra; as It is the sense of the Senate that Estonia, the funeral of, such person’s parent, sibling, follows: Latvia, and Lithuania— (1) are to be commended for their progress spouse, or child; and At the appropriate place in the bill, insert (3) the United States government shall not the following: toward political and economic reform and meeting the guidelines for prospective NATO be prohibited from participating in humani- SEC. . SENSE OF THE SENATE REGARDING SUP- tarian relief efforts of multilateral organiza- PORT FOR COUNTRIES OF THE members; (2) would make an outstanding contribu- tions of which the United States is a mem- SOUTH CAUCASUS AND CENTRAL ber, where such humanitarian relief efforts ASIA. tion to furthering the goals of NATO and en- are made in the aftermath of a natural disas- Congress makes the following findings: hancing stability, freedom, and peace in Eu- ter on the island of Cuba. (1) the ancient Silk Road, once the eco- rope should they become NATO members; nomic lifeline of Central Asia and the South and Caucasus, traversed much of the territory (3) upon complete satisfaction of all rel- BOXER (AND OTHERS) now within the countries of Armenia, evant criteria should be invited to become AMENDMENT NO. 897 full NATO members at the earliest possible Azerbijan, Georgia, Kazakstan, Kyrgyzstan, Mrs. BOXER (for herself, Mr. AL- Tajikistan, Turkmenistan, and Uzbekistan. date. LARD, Mr. SMITH of New Hampshire, (2) Economic interdependence spurred mu- tual cooperation among the peoples along MURKOWSKI (AND OTHERS) Mr. LEAHY, and Mr. TORRICELLI) pro- the Silk Road and restoration of the historic AMENDMENT NO. 894 posed an amendment to the bill, S. 955, relationships and economic ties between supra; as follows: Mr. MURKOWSKI (for himself, Mr. those peoples is an important element of en- At the appropriate place, insert: MCCAIN, and Mr. NICKLES) proposed an suring their sovereignty as well as the suc- WILDLIFE CONSERVATION cess of democratic and market reforms. amendment to the bill, S. 955, supra; as SEC. . Of the funds appropriated by this (3) The development of strong political and follows: Act, not more than $2,900,000 may be made economic ties between countries of the At the appropriate place, insert the follow- available for the Communal Areas Manage- South Caucasus and Central Asia and the ing: ‘‘Provided further, That funds appro- ment Programme for Indigenous Resources West will foster stability in the region. priated under this heading to the Korean Pe- (4) The development of open market econo- (CAMPFIRE) in Zimbabwe: Provided, That ninsula Economic Development Organization none of the funds appropriated by this Act mies and open democratic systems in the (KEDO) may only be obligated if the Sec- countries of the South Caucasus and Central may be used to directly finance the trophy retary of State certifies and reports to the hunting of elephants or other endangered Asia will provide positive incentives for Congress that during the fiscal year the mili- international private investment, increased species as defined in the convention on Inter- tary armistice agreement of 1953 has not national Trade in Endangered Species of trade, and other forms of commercial inter- been violated by North Korea.’’ actions with the rest of the world. Flora and Fauna (CITES) or the Endangered (5) The Caspian Sea Basin, overlapping the Species Act: Provided further, That the territory of the countries of the South BINGAMAN AMENDMENTS NOS. 895– funds appropriated by this Act that are pro- Caucasus and Central Asia, contains proven 896 vided under the CAMPFIRE program may oil and gas reserves that may exceed Mr. BINGAMAN proposed two not be used for activities with the express in- $4,000,000,000,000 in value. tent to lobby or otherwise influence inter- amendments to the bill, S. 955, supra; national conventions or treaties, or United (6) The region of the South Caucasus and as follows: Central Asia will provide oil and gas in suffi- States government decision makers: Provided AMENDMENT NO. 895 cient quantities to reduce the dependence of further, That funds appropriated by this Act the United States on energy from the vola- At the appropriate place, insert the follow- that are made available for the CAMPFIRE tile Persian Gulf region. ing: program may be used only in Zimbabwe for (7) United States foreign policy and inter- SEC. . TRAVEL TO CUBA. the purpose of maximizing benefits to rural national assistance should be narrowly tar- (a) PROHIBITION.—The President shall not people while strengthening natural resources geted to support the economic and political restrict travel to Cuba by United States citi- management institutions: Provided further, independence of the countries of the South zens or other persons subject to the jurisdic- That not later than March 1, 1998, the Ad- Caucasus and Central Asia. tion of the United States, except in the case ministrator of the Agency for International Development shall submit a report to the ap- (b) SENSE OF THE SENATE.—It is the sense in which the United States is at war, where of the Senate that the policy of the United armed hostilities are in progress in or propriate congressional committees describ- States in the countries of the South around Cuba, or where there is imminent ing the steps taken to implement the CAMP- Caucasus and Central Asia should be— danger to the public health or the physical FIRE program, the impact of the program on (1) to promote sovereignty and independ- safety of the United States travelers to the people and wildlife of CAMPFIRE dis- ence with democratic government; Cuba. tricts, alternatives to trophy hunting as a (2) to assist actively in the resolution of (b) SUPERSEDES EXISTING LAW.—This sec- means of generating income for CAMPFIRE regional conflicts; tion supersedes any other provision of law. districts, and a description of how funds (3) to promote friendly relations and eco- (c) DEFINITION.—For purposes of this sec- made available for CAMPFIRE in fiscal year nomic cooperation; and tion the term ‘‘United States’’ includes the 1998 are to be used. (4) to help promote market-oriented prin- several States of the United States, the Dis- ciples and practices; trict of Columbia, the Commonwealth of SPECTER AMENDMENT NO. 898 Puerto Rico, the Commonwealth of the (5) to assist in the development of infra- Mr. SPECTER proposed an amend- structure necessary for communications, Northern Mariana Islands, the United States transportation, and energy and trade on an Virgin Islands, Guam, American Samoa, and ment to the bill, S. 955, supra; as fol- East-West axis in order to build strong inter- any other territory or possession of the Unit- lows: national relations and commerce between ed States. At the appropriate place in the bill, insert those countries and the stable, democratic, the following: and market-oriented countries of the Euro- AMENDMENT NO. 896 SEC. . RESTRICTION ON ASSISTANCE MADE TO Atlantic Community; and At the appropriate place, insert the follow- THE PALESTINIAN AUTHORITY. (6) to support United States business inter- ing: None of the funds appropriated or other- ests and investments in the region. SEC. . PROTECTION OF HUMANITARIAN EF- wise made available by this Act may be obli- (c) DEFINITION.—In this section, the term FORTS. gated or expended with respect to providing ‘‘countries of the South Caucasus and Notwithstanding any provision of law to funds to the Palestinian Authority, unless Central Asia’’ means Armenia, Azerbaijan, the contrary. the President certifies to Congress that: S7612 CONGRESSIONAL RECORD — SENATE July 16, 1997 (1) the Palestinian Authority is using its $67,000,000,000 in 1996, including costs for lost the enhancement of United States inter- maximum efforts to combat terrorism, and, productivity, premature death, and incarcer- national narcotics control programs. in accordance with the Oslo Accords, has ation. ceased the use of violence, threat of violence, (6) Worldwide drug trafficking generates DODD AMENDMENT NO. 901 or incitement to violence as a tool of the revenues estimated at $400,000,000,000 annu- Palestinian Authority’s policy toward Israel; ally. Mr. DODD proposed an amendment (2) after a full investigation by the Depart- (7) The United States has spent more than to amendment No. 900 proposed by him ment of Justice, the Executive branch of $25,000,000,000 for drug interdiction and to the bill, S. 955, supra; as follows: Government concludes that Chairman Arafat source country counternarcotics programs Strike all after the first word in the pend- had no prior knowledge of the World Trade since 1981, and despite impressive seizures at ing amendment and add in lieu thereof the Center bombing; and the border, on the high seas, and in other following— (3) after a full inquiry by the Department countries, illegal drugs from foreign sources SUSPENSION OF DRUG CERTIFICATION PROCE- of State, the Executive branch of govern- are cheaper and more readily available in DURES. ment concludes that Chairman Arafat did the United States today than 20 years ago. SEC. 575. (a) FINDINGS.—Congress makes not authorize and did not fail to use his au- (8) The 1961 Single Convention on Narcotic the following findings: thority to prevent the Tel Aviv cafe bombing Drugs, the 1971 Convention on Psychotropic (1) The international drug trade poses a di- of March 21, 1997. Substances, and the 1988 Convention Against rect threat to the United States and to inter- Illicit Traffic in Narcotic Drugs and Psycho- national efforts to promote democracy, eco- HARKIN (AND OTHERS) tropic Substances form the legal framework nomic stability, human rights, and the rule AMENDMENT NO. 899 for international drug control cooperation. of law. (9) The United Nations International Drug (2) The United States has a vital national Mr. HARKIN (for himself, Mr. WAR- Control Program, the International Narcot- interest in combating the financial and other NER, Mr. TORRICELLI, Mr. SANTORUM, ics Control Board, and the Organization of resources of the multinational drug cartels, and Mr. JOHNSON) proposed an amend- American States can play important roles in which resources threaten the integrity of po- ment to the bill, S. 955, supra; as fol- facilitating the development and implemen- litical and financial institutions both in the lows: tation of more effective multilateral pro- United States and abroad. grams to combat both domestic and inter- (3) Approximately 12,800,000 Americans use At the appropriate place, insert the follow- national drug trafficking and consumption. ing new section: illegal drugs, including 1,500,000 cocaine (10) The annual certification process re- users, 600,000 heroin addicts, and 9,800,000 SEC. . DEMOCRACY-BUILDING ACTIVITY IN quired by section 490 of the Foreign Assist- marijuana users. PAKISTAN. ance Act of 1961 (22 U.S.C. 2291j), which has (4) Illegal drug use occurs among members (a) OPIC.—Section 239(f) of the Foreign As- been in effect since 1986, has failed to foster of every ethnic and socioeconomic group in sistance Act of 1961 (22 U.S.C. 2199(f)) is bilateral or multilateral cooperation with the United States. amended by inserting ‘‘, or Pakistan’’ after United States counternarcotics programs be- (5) Drug-related illness, death, and crime ‘‘China’’. cause its provisions are vague and inconsist- cost the United States approximately (b) TRAINING ACTIVITY.—Section 638(b) of ently applied and fail to acknowledge that $67,000,000,000 in 1996, including costs for lost the Foreign Assistance Act of 1961 (22 U.S.C. United States narcotics programs have not productivity, premature death, and incarcer- 2398(b)) is amended— been fully effective in combating consump- ation. (1) by inserting ‘‘or any activity to pro- tion or trafficking in illegal drugs, and relat- (6) Worldwide drug trafficking generates mote the development of democratic institu- ed crimes, in the United States. revenues estimated at $400,000,000,000 annu- tions’’ after ‘‘activity’’; and (b) SENSE OF CONGRESS.—It is the sense of ally. (2) by inserting ‘‘, Pakistan,’’ after Congress that— (7) The United States has spent more than ‘‘Brazil’’. (1) existing United States domestic and $25,000,000,000 for drug interdiction and (c) TRADE AND DEVELOPMENT.—It is the international counternarcotics program have source country counternarcotics programs sense of Congress that the Director of the not reduced the supply of illegal drugs or sig- since 1981, and despite impressive seizures at Trade and Development Agency should use nificantly reduced domestic consumption of the border, on the high seas, and in other funds made available to carry out the provi- such drugs; countries, illegal drugs from foreign sources sions of section 661 of the Foreign Assistance (2) the President should appoint a high are cheaper and more readily available in Act of 1961 (22 U.S.C. 2421) to promote United level task force of foreign policy experts, law the United States today than 20 years ago. States exports to Pakistan. enforcement officials, and drug specialists to (8) The 1961 Single Convention on Narcotic develop a comprehensive program for ad- Drugs, the 1971 Convention on Psychotropic DODD (AND OTHERS) AMENDMENT dressing domestic and international drug Substances, and the 1988 Convention Against NO. 900 trafficking and drug consumption and relat- Illicit Traffic in Narcotic Drugs and Psycho- ed crimes, with particular attention to fash- tropic Substances form the legal framework Mr. DODD (for himself, Mr. MCCAIN, ioning a multilateral framework for improv- for international drug control cooperation. Mr. DASCHLE, Mr. LUGAR, Mr. DOMEN- ing international cooperation in combating (9) The United Nations International Drug ICI, Mrs. HUTCHISON, Mr. COCHRAN, Mr. illegal drug trafficking, and should designate Control Program, the International Narcot- HAGEL, Mr. WARNER, Mr. KERREY, and the Director of the Office of National Drug ics Control Board, and the Organization of Mr. INOUYE) proposed an amendment to Policy to chair the task force; American States can play important roles in the bill, S. 955, supra; as follows: (3) the President should call upon the facilitating the development and implemen- heads of state of major illicit drug producing tation of more effective multilateral pro- On page 102, between lines 9 and 10, insert countries, major drug transit countries, and grams to combat both domestic and inter- the following: major money laundering countries to estab- national drug trafficking and consumption. TEMPORARY SUSPENSION OF DRUG lish similar high level task forces to work in (10) The annual certification process re- CERTIFICATION PROCEDURES coordination with the United States; and quired by section 490 of the Foreign Assist- SEC. 575. (a) FINDINGS.—Congress makes (4) not later than one year after the date of ance Act of 1961 (22 U.S.C. 2291j), which has the following findings: enactment of this Act, the President should been in effect since 1986, has failed to foster (1) The international drug trade poses a di- call for the convening of an international bilateral or multilateral cooperation with rect threat to the United States and to inter- summit of all interested governments to be United States counternarcotics programs be- national efforts to promote democracy, eco- hosted by the Organization of American cause its provisions are vague and inconsist- nomic stability, human rights, and the rule States or another international organization ently applied and fail to acknowledge that of law. mutually agreed to by the parties, for the United States narcotics programs have not (2) The United States has a vital national purpose of reviewing the findings and rec- been fully effective in combating consump- interest in combating the financial and other ommendations of the task forces referred to tion or trafficking in illegal drugs, and relat- resources of the multinational drug cartels, in paragraphs (1) and (2) and adopting a ed crimes, in the United States. which resources threaten the integrity of po- counternarcotics plan of action for each (b) SENSE OF CONGRESS.—It is the sense of litical and financial institutions both in the country. Congress that— United States and abroad. (c) SUSPENSION OF DRUG CERTIFICATION (1) existing United States domestic and (3) Approximately 12,800,000 Americans use PROCESS.—(1) Section 490 of the Foreign As- international counternarcotics programs illegal drugs, including 1,500,000 cocaine sistance Act of 1961 (22 U.S.C. 2291j), relating have not reduced the supply of illegal drugs users, 600,000 heroin addicts, and 9,800,000 to annual certification procedures for assist- or significantly reduced domestic consump- marijuana users. ance for certain drug-producing and drug- tion of such drugs; (4) Illegal drug use occurs among members transit countries, shall not apply in 1998 and (2) the President should appoint a high of every ethnic and socioeconomic group in 1999. level task force of foreign policy experts, law the United States. (2) The President may waive the applica- enforcement officials, and drug specialists to (5) Drug-related illness, death, and crime bility of that section in 2000 if the President develop a comprehensive program for ad- cost the United States approximately determines that the waiver would facilitate dressing domestic and international drug July 16, 1997 CONGRESSIONAL RECORD — SENATE S7613 trafficking and drug consumption and relat- On page 18, line 2, before the period insert eign countries, funds appropriated by this or ed crimes, with particular attention to fash- the following: ‘‘: Provided further, That of the any other Act making appropriations pursu- ioning a multilateral framework for improv- amount appropriated under this heading, not ant to part I of the Foreign Assistance Act of ing international cooperation in combating less than $500,000 shall be available only for 1961 that are made available for the United illegal drug trafficking, and should designate the Special Investigative Unit (SIU) of the States-Asia Environmental Partnership may the Director of the Office of National Drug Haitian National Police’’. be made available for activities for the Peo- Policy to chair the task force; On page 93, strike lines 7 through 24 and in- ple’s Republic of China. (3) the President should call upon the sert the following: heads of state of major illicit drug producing LIMITATION ON ASSISTANCE FOR HAITI ENZI (AND OTHERS) AMENDMENT countries, major drug transit countries, and SEC. . (a) LIMITATION.—None of the funds NO. 907 major money laundering countries to estab- appropriated or otherwise made available by lish similar high level task forces to work in Mr. MCCONNELL (for Mr. ENZI for this Act may be provided to the Government coordination with the United States; and himself, Mr. KERRY, and Mr. BYRD) pro- of Haiti unless the President reports to Con- (4) not later than one year after the date of posed an amendment to the bill, S. 955, gress that the Government of Haiti— enactment of this Act, the President should (1) is conducting thorough investigations supra; as follows: call for the convening of an international of extrajudicial and political killings; At the appropriate place in the bill, insert summit of all interested governments to be (2) is cooperating with United States au- the new section as follows: hosted by the Organization of American thorities in the investigations of political SEC. . REQUIREMENTS FOR THE REPORTING TO States or another international organization and extrajudicial killings; CONGRESS OF THE COSTS TO THE mutually agreed to by the parties, for the (3) has made demonstrable progress in FEDERAL GOVERNMENT ASSOCI- purpose of reviewing the findings and rec- ATED WITH THE PROPOSED AGREE- privatizing major governmental parastatals, ommendations of the task forces referred to MENT TO REDUCE GREENHOUSE including demonstrable progress toward the in paragraphs (1) and (2) and adopting a GAS EMISSIONS. material and legal transfer of ownership of counternarcotics plan of action for each (a) The President shall provide to the Con- such parastatals; and country. gress a detailed account of all federal agency (4) has taken action to remove from the (c) SUSPENSION OF DRUG CERTIFICATION obligations and expenditures for climate Haitian National Police, national palace and PROCESS.—(1) Section 490 of the Foreign As- change programs and activities, domestic residential guard, ministerial guard, and any sistance Act of 1961 (22 U.S.C. 2291j), relating and international, for FY 1997, planned obli- other public security entity of Haiti those to annual certification procedures for assist- gations for such activities in FY 1998, and individuals who are credibly alleged to have ance for certain drug-producing and drug- any plan for programs thereafter in the con- engaged in or conspired to conceal gross vio- transit countries, shall not apply in 1998 and text of negotiations to amend the Frame- lations of internationally recognized human 1999. work Convention on Climate Change (FCCC) (2) The President may waive the applica- rights. to be provided to the appropriate congres- bility of that section in 2000 if the President (b) EXCEPTIONS.—The limitation in sub- sional committees no later than October 15, determines prior to December 31, 1999 that section (a) does not apply to the provision of 1997. the waiver would facilitate the enhancement humanitarian, electoral, counter narcotics, of United States international narcotics con- or development assistance. HAGEL (AND SARBANES) trol programs. (c) WAIVER.—The President may waive the requirements of this section on a semiannual AMENDMENT NO. 908 basis if the President determines and cer- Mr. MCCONNELL (for Mr. HAGEL for GORTON (AND OTHERS) tifies to the appropriate committees of Con- himself and Mr. SARBANES) proposed an AMENDMENT NO. 902 gress that such waiver is in the national in- amendment to the bill, S. 955, supra; as Mr. GORTON (for himself, Mrs. FEIN- terest of the United States. follows: (d) PARASTATALS DEFINED.—As used in this STEIN, Mrs. MURRAY, and Mrs. BOXER) On page 102, between lines 9 and 10, insert section, the term ‘‘parastatal’’ means a gov- the following: proposed an amendment to the bill, S. ernment-owned enterprise. 955, supra; as follows: SEC. . AUTHORITY TO ISSUE INSURANCE AND EXTEND FINANCING. At the appropriate place, insert the follow- KYL AMENDMENTS NOS. 904–905 (a) IN GENERAL.—Section 235(a) of the For- ing: eign Assistance Act of 1961 (22 U.S.C. 2195(a)) The Boeing Company and McDonnell Doug- Mr. MCCONNELL (for Mr. KYL) pro- is amended— las have announced their merger; and posed two amendments to the bill, S. (1) by striking paragraphs (1) and (2)(A) The Department of Defense has approved 955, supra; as follows: and inserting the following: that merger as consistent with the national AMENDMENT NO. 904 ‘‘(1) INSURANCE AND FINANCING.—(A) The security of the United States; and On page 23, line 17, insert after ‘‘Provided,’’ maximum contingent liability outstanding The Federal Trade Commission has found at any one time pursuant to insurance issued that merger not to violate the antitrust laws the following: ‘‘That of the funds made avail- able for Ukraine under this subsection, not under section 234(a), and the amount of fi- of the United States; and nancing issued under sections 234 (b) and (c), The European Commission has consist- less than $25,000,000 shall be available only shall not exceed in the aggregate ently criticized and threatened the merger for comprehensive legal restructuring nec- essary to support a decentralized market-ori- $29,000,000,000.’’; before, during, and after its consideration of (2) by redesignating paragraph (3) as para- ented economic system, including the enact- the facts; and graph (2); and The sole true reason for the European ment of all necessary substantive commer- (3) by amending paragraph (2) (as so redes- Commission criticism and imminent dis- cial law and procedures, the implementation ignated) by striking ‘‘1997’’ and inserting approval of the merger is to gain an unfair of reforms necessary to establish an inde- ‘‘1999’’. competitive advantage for Airbus, a govern- pendent judiciary and bar, the education of (b) CONFORMING AMENDMENT.—Paragraph ment-owned aircraft manufacturer; judges, attorneys, and law students in the (2) of section 235(a) of that Act (22 U.S.C. Now therefore, It is the sense of the Senate comprehensive commercial law reforms, and 2195(a)), as redesignated by subsection (a), is that any such disapproval on the part of the public education designed to promote under- further amended by striking ‘‘(a) and (b)’’ European Commission would constitute an standing of commercial law necessary to and inserting ‘‘(a), (b), and (c)’’. unwarranted and unprecedented interference Ukraine’s economic independence: Provided further,’’. in a United States business transaction that LAUTENBERG (AND OTHERS) would threaten thousands of American aero- AMENDMENT NO. 909 space jobs; and AMENDMENT NO. 905 The Senate suggests that the President On page 25, line 24, insert after ‘‘reactor’’ Mr. MCCONNELL (for Mr. LAUTEN- take such actions as he deems appropriate to the following: ‘‘or ballistic missiles’’ BERG, for himself, Mr. KENNEDY, Mr. protect U.S. interests in connection there- MOYNIHAN, Mr. D’AMATO, Mr. with. BAUCUS AMENDMENT NO. 906 TORRICELLI, and Ms. MIKULSKI) pro- posed an amendment to the bill, S. 955, Mr. MCCONNELL (for Mr. BAUCUS) DEWINE AMENDMENT NO. 903 supra; as follows: proposed an amendment to the bill, S. Mr. DEWINE proposed an amendment On page 102, between lines 9 and 10, insert 955, supra; as follows: to the bill, S. 955, supra; as follows: the following: On page 102, between lines 9 and 10, insert On page 10, line 4, strike ‘‘Institute.’’ and WITHHOLDING ASSISTANCE TO COUNTRIES VIO- the following: insert ‘‘Institute: Provided further, That of LATING UNITED NATIONS SANCTIONS AGAINST the funds made available under this heading USE OF FUNDS FOR THE UNITED STATES-ASIA LIBYA for Haiti, up to $250,000 may be made avail- ENVIRONMENTAL PARTNERSHIP SEC. 575. (a) WITHHOLDING OF ASSISTANCE.— able to support a program to assist Haitian SEC. . Notwithstanding any other provi- Except as provided in subsection (b), when- children in orphanages.’’. sion of law that restricts assistance to for- ever the President determines and certifies S7614 CONGRESSIONAL RECORD — SENATE July 16, 1997 to Congress that the government of any Hemisphere International Law Enforcement tending United States supported IMET pro- country is violating any sanction against Academy under the auspices of the Organiza- grams are civilians. Libya imposed pursuant to United Nations tion of American States with full oversight (c) REPORT.—Not later than 1 year after Security Council Resolution 731, 748, or 883, by the Department of State.’’ the date of enactment of this Act, the Sec- then not less than 5 percent of the funds al- retary of State shall report in writing to the located for the country under section 653(a) DODD (AND OTHERS) AMENDMENT appropriate committees of Congress on the of the Foreign Assistance Act of 1961 out of progress made to improve military training appropriations in this Act shall be withheld NO. 912 of Latin American participants in the areas from obligation and expenditure for that Mr. MCCONNELL (for Mr. DODD, for of human rights and civilian control of the country. himself, Mr. LEAHY, and Mr. JEFFORDS) military. The Secretary shall include in the (b) EXCEPTION.—The requirement to with- proposed an amendment to the bill, S. report plans for implementing additional ex- hold funds under subsection (a) shall not 955, supra; as follows: panded IMET programs for Latin America apply to funds appropriated in this Act for during the next 3 fiscal years. allocation under section 653(a) of the Foreign At the appropriate place in the bill, insert the following: Assistance Act of 1961 for development as- TORRICELLI AMENDMENT NO. 913 sistance or for humanitarian assistance. REFORM AND REVIEW OF UNITED STATES SPONSORED TRAINING PROGRAMS Mr. MCCONNELL (for Mr. LEAHY AMENDMENT NO. 910 SEC. . (a) FINDINGS.—Congress makes the TORRICELLI) proposed an amendment to following findings: the bill, S. 955, supra; as follows: Mr. MCCONNELL (for Mr. LEAHY) (1) United States training of members of At the appropriate place, insert the follow- proposed an amendment to the bill, S. Latin American military and security forces ing: 955, supra; as follows: that occurred primarily at the Army School SEC. . LIBERATION TIGERS OF TAMIL EELAM. of the Americas between 1982 and 1991 has At the appropriate place in the bill, insert SENSE OF SENATE.—It is the sense of the the following: been severely criticized for promoting prac- Senate that the Department of State should tices that have contributed to the violation SEC. . WAR CRIMES PROSECUTION. list the Liberation Tigers of Tamil Eelam as of human rights and have otherwise been in- (a) Section 2401 of Title 18, United States a terrorist organization. consistent with the appropriate role of the Code (Public Law 104–192; the War Crimes Armed Forces in a democratic society. Act of 1996) is amended as follows: (2) Numerous members of Latin American DURBIN AMENDMENT NO. 914 (1) in subsection (a), by striking ‘‘commits military and security forces who have par- a grave breach of the Geneva Conventions’’ Mr. MCCONNELL (for Mr. DURBIN) ticipated in United States sponsored training and inserting in lieu thereof ‘‘commits a war proposed an amendment to the bill, S. programs, have subsequently been identified crime’’; as having masterminded, participated in, or 955, supra; as follows: (2) in subsection (b)— sought to cover up some of the most heinous At the appropriate place in the bill insert (A) by striking ‘‘the person committing human rights abuses in the region. the following: such breach or the victim of such breach’’ (3) United States interests in Latin Amer- and inserting in lieu thereof ‘‘the person LIMITATION ON INTERNATIONAL MILITARY EDU- ica would be better served if Latin American committing such crime or the victim of such CATION AND TRAINING ASSISTANCE FOR PERU military personnel were exposed to training crime’’; and SEC. . None of the funds appropriated or programs designed to promote— (B) by inserting before the period at the otherwise made available by this Act may be (A) proper management of scarce national end of the subsection ‘‘or that the person provided to the Government of Peru for defense resources, committing such crime is later found in the international military education and train- (B) improvements in national systems of United States after such crime is commit- ing under chapter 5 of part II of the Foreign justice in accordance with internationally ted’’; Assistance Act of 1961, unless the President recognized principles of human rights, and (3) in subsection (c)— certifies to Congress that the Government of (C) greater respect and understanding of (A) by striking ‘‘the term ‘grave breach of Peru is taking all necessary steps to ensure the principle of civilian control of the mili- the Geneva Conventions’ means conduct de- that United States citizens held in prisons in tary. fined as’’ and inserting in lieu thereof ‘‘the Peru are accorded timely, open, and fair (4) In 1989, Congress mandated that the De- term ‘war crime’ means conduct (1) defined legal proceedings in civilian courts. partment of Defense institute new training as’’; and programs (commonly referred to as expanded (B) by inserting the following before the IMET) with funds made available for inter- LEAHY (AND OTHERS) period at the end: ’’; (2) prohibited by Arti- national military and education programs in AMENDMENT NO. 915 cles 23, 25, 27, or 28 of the Annex to the Hague order to promote the interests described in Convention IV, Respecting the Laws and Mr. MCCONNELL (for Mr. LEAHY, for paragraph (3). Congress also expanded the Customs of War on Land, signed on October, himself, Mr. LUGAR, and Mr. SARBANES) definition of eligibility for such training to 1907; (3) which constitutes a violation of include non-defense government personnel proposed an amendment to the bill, S. common Article 3 of the international con- from countries in Latin America. 955, supra; as follows: ventions signed at Geneva on August 1949; or (5) Despite congressionally mandated em- On page 43, line 3 after the word ‘‘(IAEA).’’ (4) of a person who, in relation to an armed phasis on expanded IMET training programs, insert the following new section: conflict and contrary to the provisions of the only 4 of the more than 50 courses offered an- Protocol on Prohibitions or Restrictions on SEC. . AUTHORIZATION REQUIREMENT FOR nually at the United States Army School of the Use of Mines, Booby-traps and Other De- INTERNATIONAL FINANCIAL INSTI- the Americas qualify as expanded IMET. TUTIONS. vices as amended at Geneva on 3 May 1996 (b) LIMITATION OF USE OF FUNDS.—Notwith- (a) The Secretary of the Treasury may, to (Protocol II as amended on 3 May 1996), when standing any other provision of law, none of fulfill commitments of the United States, (1) the United States is a party to such Proto- the funds appropriated in this Act under the effect the United States participation in the col, willfully kills or causes serious injury to heading relating to international military first general capital increase of the Euro- civilians’’; education and training may be made avail- pean Bank for Reconstruction and Develop- (4) by adding a new subsection (d) to read able for training members of any Latin ment, subscribe to and make payment for as follows: American military or security force until— 100,000 additional shares of the capital stock ‘‘(d) NOTIFICATION.—No prosecution of any (1) the Secretary of Defense has advised of the Bank on behalf of the United States; crime prohibited in this section shall be un- the Secretary of State in writing that 30 per- and (2) contribute on behalf of the United dertaken by the United States except upon cent of IMET funds appropriated for fiscal States to the eleventh replenishment of the the written notification to the Congress by year 1998 for the cost of Latin American par- resources of the International Development the Attorney General or his designee that in ticipants in IMET programs will be disbursed Association, to the sixth replenishment of his judgment a prosecution by the United only for the purpose of supporting enroll- the resources of the Asian Development States is in the national interest and nec- ment of such participants in expanded IMET Fund, a special fund of the Asian Develop- essary to secure substantial justice.’’. courses; and ment Bank. The following amounts are au- (2) the Secretary of State has identified thorized to be appropriated without fiscal DOMENICI AMENDMENT NO. 911 sufficient numbers of qualified, non-military year limitation for payment by the Sec- personnel from countries in Latin America retary of the Treasury: (1) $285,772,500 for Mr. MCCONNELL (for Mr. DOMENICI) to participate in IMET programs during fis- paid-in capital, and $984,327,500 for callable proposed an amendment to the bill, S. cal year 1998 in consultation with the Sec- capital of the European Bank for Recon- 955, supra; as follows: retary of Defense, and has instructed United struction and Development; (2) $1,600,000,000 On page 28, line 19 after the word ‘‘coun- States embassies in the hemisphere to ap- for the International Development Associa- try’’ insert the following: ‘‘Provided further, prove their participation in such programs tion; (3) $400,000,000 for the Asian Develop- That of this amount not to exceed $5 million so that not less than 25 percent of the indi- ment Fund; and (4) $76,832,001 for paid-in cap- shall be allocated to operate the Western viduals from Latin American countries at- ital, and $4,511,156,729 for callable capital of July 16, 1997 CONGRESSIONAL RECORD — SENATE S7615 the Inter-American Development Bank in Treaty Organization: Provided further, That, cial Investigation to meet on Wednes- connection with the eighth general increase to carry out funding the previous proviso, all day, July 16, 1997, at 10 a.m. for a hear- in the resources of that Bank. Each such sub- or part of the $60,000,000 may be derived by ing on campaign financing issues. scription or contribution shall be subject to transfer notwithstanding any other provi- The PRESIDING OFFICER. Without obtaining the necessary appropriations. sion of law, from titles I, II, III, and IV of objection, it is so ordered. (b) Section 17 of the Bretton Woods Agree- this Act.’’ COMMITTEE ON THE JUDICIARY ment Act, as amended (22 U.S.C. 286e–2 et f seq.) is amended as follows: Mr. MCCONNELL. Mr. President, I (1) Section 17(a) is amended by striking THE LEGISLATIVE BRANCH AP- ask unanimous consent that the Com- ‘‘and February 24, 1983’’ and inserting instead PROPRIATIONS ACT FOR FISCAL mittee on the Judiciary be authorized ‘‘February 24, 1983, and January 27, 1997’’; YEAR 1998 to meet during the session of the Sen- and by striking ‘‘4,250,000,000’’ and inserting ate on Wednesday, July 16, 1997, at 10 instead ‘‘6,712,000,000’’. a.m. in room 226 of the Senate Dirksen (2) Section 17(b) is amended by striking BINGAMAN AMENDMENT NO. 920 Office Building to hold a hearing on: ‘‘4,250,000,000’’ and inserting instead ‘‘A Review of the Global Tobacco Set- ‘‘6,712,000,000’’. Mr. BENNETT (for Mr. BINGAMAN) (3) Section 17(b) is amended by inserting tlement.’’ proposed an amendment to the bill (S. The PRESIDING OFFICER. Without ‘‘or the Decision of January 27, 1997,’’ after 1019) making appropriations for the ‘‘February 24, 1983,’’; and by inserting ‘‘or objection, it is so ordered. the New Arrangements to Borrow, as appli- legislative branch for the fiscal year COMMITTEE ON RULES AND ADMINISTRATION cable’’ before the period at the end. ending September 30, 1998, and for Mr. MCCONNELL. Mr. President, I (c) The authorizations under this section other purposes; as follows: ask unanimous consent that the Com- are subject to the Senate Foreign Relations On page 38, line 2, insert before the period mittee on Rules and Administration be Committee reporting out an * * *. the following: ‘‘: Provided further, That authorized to meet during the session $4500,000 shall be available only or expendi- of the Senate on Wednesday, July 16, D’AMATO (AND OTHERS) ture on studies and assessments, to be car- 1997, at 2:30 p.m. until business is com- AMENDMENT NO. 916 ried out by not-for-profit scientific, techno- pleted to hold a business meeting to logical, or educational institutions, of the consider the investigation into the con- Mr. MCCONNELL (for Mr. D’AMATO, matters described in section 472(c) of title 2, for himself, Mr. HELMS, and Mr. United States Code: Provided further, That tested Louisiana Senate election. FAIRCLOTH) proposed an amendment to topics for studies and assessments under the The PRESIDING OFFICER. Without the bill, S. 955, supra; as follows: previous proviso, and the institutions des- objection, it is so ordered. SUBCOMMITTEE ON ANTITRUST, BUSINESS On page 42, line 4, insert after the period ignated to carry out the studies and assess- RIGHTS, AND COMPETITION the following: ‘‘Notwithstanding any other ments, shall be selected by the voting mem- provision of law, none of the funds appro- bers of the Technology Assessment Board Mr. MCCONNELL. Mr. President, I priated under this heading may be made under section 473 of title 2, United States ask unanimous consent that the Sub- available until the relevant Committees of Code, from among topics requested pursuant committee on Antitrust, Business Congress have reviewed the new arrange- to paragraphs (1) or (2) of section 472(d) of Rights, and Competition, of the Senate ments for borrowing by the International such title’’. Committee on the Judiciary, be au- Monetary Fund provided for under this head- f thorized to meet during the session of ing and authorizing legislation for such bor- the Senate on Wednesday, July 16, 1997, AUTHORITY FOR COMMITTEES TO rowing has been enacted.’’. at 2 p.m. to hold a hearing in room 226, MEET Senate Dirksen Building, on: ‘‘S. 539, LEAHY AMENDMENT NO. 917 COMMITTEE ON AGRICULTURE, NUTRITION, AND The Television Improvement Act.’’ Mr. MCCONNELL (for Mr. LEAHY) FORESTRY The PRESIDING OFFICER. Without proposed an amendment to the bill, S. Mr. MCCONNELL. Mr. President, I objection, it is so ordered. 955, supra; as follows: ask unanimous consent that the Com- f mittee on Agriculture, Nutrition, and On page 30, line 9, after the word ‘‘Act’’ in- ADDITIONAL STATEMENTS sert ‘‘or the Foreign Assistance Act of 1961’’. Forestry be allowed to meet during the session of the Senate on Wednesday, FAIRCLOTH AMENDMENT NO. 918 July 16, 1997 at 9 a.m. in SR–328A to re- TRIBUTE TO JUDGE DONALD H. ceive testimony regarding energy secu- PATTERSON Mr. MCCONNELL (for Mr. rity and agricultural energy issues. ∑ Mr. SHELBY. Mr. President, I rise FAIRCLOTH) proposed an amendment to The PRESIDING OFFICER. Without the bill, S. 955, supra; as follows: today in honor of Judge Donald H. Pat- objection, it is so ordered. terson who died at age 61 on May 28, At the appropriate place, insert: COMMITTEE ON ENVIRONMENT AND PUBLIC 1997 after his courageous 7-month bat- None of the funds appropriated or other- WORKS wise made available by this Act may be pro- tle with lung disease. Donald Patterson vided to the Government of the Congo until Mr. MCCONNELL. Mr. President, I was a friend, dedicated father and com- such time as the President reports in writing ask unanimous consent that the full munity leader who was respected by all to the Congress that the Government of Committee on Environment and Public who knew him. Judge Patterson honor- Congo is cooperating fully with investigators Works be granted permission to con- ably served the people of Lauderdale from the United Nations or any other inter- duct a hearing Wednesday, July 16, County, AL, as an elected judge in the national relief organizations in accounting 1997, at 9:30 a.m., to receive testimony 11th Judicial District of Alabama. for human rights violations or atrocities from Jamie Rappaport Clark, nomi- Don grew up in Florence, AL and committed in Congo or adjacent countries. nated by the President to be Director, then received both his bachelor’s and U.S. Fish and Wildlife Service. law degrees from the University of Ala- LOTT (AND OTHERS) AMENDMENT The PRESIDING OFFICER. Without bama. Always a leader, Don was presi- NO. 919 objection, it is so ordered. dent of the student government asso- Mr. MCCONNELL (for Mr. LOTT, for COMMITTEE ON FOREIGN RELATIONS ciation while at the university. Follow- ing his graduation from law school, himself, Mr. LIEBERMAN, Mr. SMITH of Mr. MCCONNELL. Mr. President, I Oregon, Mr. HOLLINGS, Mr. SHELBY, Mr. ask unanimous consent that the Com- Don served active duty in the U.S. ROTH, Mr. BIDEN, Mr. DEWINE, Mr. mittee on Foreign Relations be author- Army, and later, 6 years in the U.S. Army Reserve. COATS, Mr. HAGEL, Mr. FRIST, and Mr. ized to meet during the session of the In 1959, Don began his law practice MCCONNELL) proposed an amendment Senate on Wednesday, June 16, 1997, at to the bill, S. 955, supra; as follows: with Bert Haltrom. The two continued 2 p.m. to hold a hearing. to practice until Bert Haltrom was ap- On page 34, and the end of line 21 strike the The PRESIDING OFFICER. Without pointed U.S. district court judge. Until period and insert: ‘‘: Provided further, That objection, it is so ordered. $60,000,000 of the funds appropriated or other- Don’s election to the circuit court in COMMITTEE ON GOVERNMENTAL AFFAIRS wise made available under this heading shall 1989, he practiced law with Florence at- be made available for the purpose of facilita- Mr. MCCONNELL. Mr. President, I torney Gary Jester. tion the integration of Poland, Hungary, and ask unanimous consent on behalf of the Judge Patterson was a true gen- the Czech Republic into the North Atlantic Governmental Affairs Committee Spe- tleman and leader. His Christian values S7616 CONGRESSIONAL RECORD — SENATE July 16, 1997 are reflected not only in the way he see the attached article from the Washington Service after news accounts of the memori- lived his life, but in the many organiza- Post.). This memorial has been closed almost al’s condition. In the May 13 letters, he said tions he led, belonged to and served. as much as it has been open to the public in he wanted the memorial fixed promptly. Until his passing, Judge Patterson was its two years and is already suffering from ‘‘It is disrespectful to our Korean War vet- disrepair and flooding problems because of erans to see the national memorial to their a member of the Alabama Judicial its location on the Mall—which lies on a service in such disrepair,’’ he wrote. ‘‘I would Study Commission and a director of flood plain. hesitate to take a visitor to this memorial, the Alabama Circuit Court Judges As- The current proposed site for the World which I supported and worked for over sev- sociation. War II memorial lies on this same flood plain eral years.’’ Additionally, Judge Patterson served and, besides its 50-foot-high berms and 7.4 Purka said Glenn’s letters ‘‘may have as chairman of the Florence-Lauder- acres of land space, calls for a significant added a little impetus’’ in getting repairs un- dale Industrial Expansion Committee; amount of subterranean construction. derway. director of the chamber of commerce; Because there have been no studies as to Yesterday, water flowed through the foun- the effects of subterranean construction on tain again, and two ducks paddled around past president of the Florence Rotary this site and the Mall, nor any studies on the the circular pool. Nearby a grader pushed Club, and a recipient of the Paul Harris impact the size and scope of the proposed fine, crushed gravel into the pool and the Fellow of Rotary International Award. memorial will have on the Mall, I am con- walkway were closed off with yellow tape Furthermore, he served numerous cerned about its long term impact and the and orange cones. other legal, civic, and Christian groups. cost to taxpayers, the City and the Federal John LeGault, 65, a Korean War veteran Judge Patterson was a first-rate government. Because once the memorial is visiting from Montrose, Colo., said Wednes- judge and lawyer—always very profes- completed, it will be turned over to the Na- day he wasn’t surprised to see the memorial sional and knowledgeable. As a Sunday tional Park Service for overall maintenance torn up. ‘‘Who cares?’’ he asked. ‘‘That was and thus will be supported by taxpayer dol- school teacher and past chairman of the forgotten war and this is the forgotten lars. memorial. Considering how long it took to the board of the First Methodist I am absolutely concerned with how our build it, it will take another 2 to fix it.’’ Church of Florence, he was an exem- veterans of World War II are honored. That William Weber, also a Korean War veteran plary citizen, leader, and role model. is why I am particularly troubled that the and chairman of the Gen. Richard G. Stilwell And as a husband, father, grandfather, National Park Service has ruled it will close Korean War Veterans Memorial Fund Inc., and friend, Don was a compassionate any memorial built on the Rainbow Pool said he understands LeGault’s frustration. and wonderful human being. Site during July 4th weekend celebrations, He and other board members struggled for My prayers go out to Don’s family because the Rainbow Pool Site is the launch nine years to raise the $18 million to build location of the fireworks display. This seems and friends. Don Patterson’s lifelong the memorial, only to see problems show up to belabor the point that not enough scru- within six months of the July 27, 1995, dedi- dedication to community and country tiny is being given to what is being built, cation by President Clinton. made our world a better place—he will where. ‘‘The memorial seemed to deteriorate so be sorely missed.∑ I appreciate and share your concern about quickly and then it took so long to take ac- f the progress of the World War II memorial tion to do the repairs,’’ Weber said. ‘‘Many of and will continue to work on behalf of the us were very frustrated.’’ RESPONSE TO THE AMERICAN veterans and the American people to ensure Weber said supporters of the memorial LEGION that a proper and fitting monument is con- have recognized the need for a private fund ∑ Mr. KERREY. Mr. President, re- structed and that the integrity of our Na- to handle large repairs not covered by the tional Mall is maintained. cently I received a letter from the na- Park Service but have only recently begun Please feel free to contact me in the future to raise money. tional vice commander of the Amer- if you have any further concerns and I hope Care of the nation’s memorials falls to the ican Legion expressing his displeasure you will join me in my efforts. Park Service when they are built on federal with my concerns with the process sur- Sincerely, parkland. However, over the years mainte- rounding the selection of a site and de- BOB KERREY. nance costs have risen with aging memorials sign for the World War II Memorial. and Congress has tightened the Park Serv- As a matter of public record, I would [From the Washington Post, May 23, 1997] ice’s budget. like to submit my response and an arti- NEGLECTED BUT NOT FORGOTTEN, KOREAN Since 1986, builders of memorials have been cle from the May 23, 1997, issue of the WAR MEMORIAL GETS HELP required to set aside 10 percent of the con- Washington Post. The Washington Post (By Linda Wheeler) struction costs for the Park Service’s use. For the Korean War Veterans Memorial, article discusses the recent problems Officials of the troubled Korean War Veter- ans Memorial have promised the fountain about $1.2 million was turned over to the with the Korean War Memorial, includ- Park Service, Purka said. However, the Park ing flooding and damage to shade trees will flow and the walkway will be open for the country’s official observance of Memo- Service said those funds are for routine in the surrounding areas. I thought rial Day on Monday. care—not major repairs such as the fountain this article might be of interest to the The two-year-old monument, near the Lin- and the $30,000 tree replacement. American Legion and my colleagues. coln Memorial, was partially closed in Sep- The Park Service has replaced dead shrubs The material follows: tember when the fountain broke, walkway around the 19 stainless steel soldier figures that are part of the memorial and has en- U.S. SENATE, paving stones buckled and 40 dead shade Washington, DC, July 15, 1997. trees were removed. Since then, various fed- hanced the lighting for nighttime visits. Weber said there will be a small ceremony ROBERT L. BOWEN, eral agencies and private contractors in- National Vice Commander, The American Le- volved with the memorial have argued over at the memorial on Monday to mark the hol- gion, Woodbridge, VA. who will pay for the repairs. iday. About 70 Korean War veterans are ex- DEAR MR. BOWEN: Although I am opposed Some of the work is being done under war- pected to gather at 1 p.m. for the presen- to the selection of the Rainbow Pool Site, I ranty, said American Battle Monuments tation of the colors and the laying of a fully support the construction of a memorial Commission spokesman Joe Purka. The com- wreath. to the veterans of World War II and have mission built the memorial and has agreed Park Service spokesman Earle Kittleman even called for the construction of a mu- to fund $100,000 in repairs until liability is said the agency was pleased the work at the seum. The struggle and sacrifices made by determined. memorial finally was getting done. For my parents’ generation during the most piv- Purka said the commission, founded in months, he had to respond to phone calls and otal event of the 20th Century is a story that 1923, has responsibility for maintaining 24 letters from concerned veterans. must be thoroughly told to my children and American military cemeteries in foreign ‘‘We want visitors to the parks to be able grandchildren’s generations. lands and 27 memorials here and in other to walk into the memorial without running There is a process for building a memo- countries. He said the commission took the into obstacles and closed areas,’’ he said. rial—any memorial—on Federal property, money for emergency repairs to the Korean ‘‘We are happy that all the parties have which has many steps and procedures. Cur- War Veterans memorial from a general fund worked together and everything will be rently there is some confusion as to whether that is to be reimbursed. ready for Memorial Day.’’∑ this process is being properly followed, be- The World War II Memorial, planned for f cause of an apparent rush for approval and the Rainbow Pool site on the Mall, is also a completion. The result could cause the con- commission project. EXPLANATION OF SELECTED struction of a memorial not befitting to Last week, Sen. John Glenn (D–Ohio), a VOTES TO THE TAXPAYER RE- those it portends to honor, and puts at peril Korean War hero and a sponsor of the memo- LIEF ACT OF 1997 the sacred space that is our National Mall. rial, sent a tersely worded letter to the com- Certainly you are aware of the situation mission, the Army Corps of Engineers as ∑ Mr. ABRAHAM. Mr. President, now concerning the Korean War Memorial (please general contractor and the National park that the Taxpayer Relief Act of 1997 July 16, 1997 CONGRESSIONAL RECORD — SENATE S7617 has passed the Senate, I wanted to take reduced tax credit. I disagree with this a point of order, a subsequent Nickles a few moments to discuss several of the approach, and supported the Gramm amendment to provide 100 percent de- more important votes that took place. amendment. The whole purpose of the ductibility by the year 2007 was adopt- The first of these was the Daschle $500 per child credit is to let families ed and will likely be made part of the amendment. This amendment con- keep more of what they earn so they bill sent to the President. I supported stituted a comprehensive substitute to can spend that money on their prior- that amendment as well, and look for- the Finance Committee plan, but I be- ities, not the Federal Governments. In ward to seeing this provision made law. lieve it failed to live up to the spirit of Michigan, thousands of families have A final effort which I supported was the budget agreement between congres- children who choose not to go to col- the McCain point of order against the sional leadership and the Clinton ad- lege. I do not believe they should be pe- creation of an intercity passenger rail ministration. nalized for making that choice. fund. My vote in support of Senator The Daschle substitute would have Senator JEFFORDS offered an amend- MCCAIN should not be interpreted as a provided only $68.5 billion in net tax ment to make the existing dependent vote against Amtrak. Instead, I op- cuts to the American people—not the care tax deduction refundable. I sup- posed this fund because it is designed $85 billion called for in the budget port making childcare available to to skirt the existing budget process agreement. An $85 billion tax cut rep- more parents, but I am concerned that and create a bias for Amtrak funding resented less than 1 percent of the the Jeffords amendment would create a and against other Federal programs, total tax burden over the next 5 years, bias against small, neighborhood child such as veterans’ programs, commu- yet the Daschle substitute would have care givers and towards large, accred- nity health centers, and other essential reduced that relief by almost 20 per- ited facilities. Specifically, the Jef- services. In my opinion, the proponents cent. The Daschle amendment reduced fords amendment would give families a of the Amtrak fund have failed to dem- the $500 per child tax credit to $350. It larger tax credit for sending their chil- onstrate why Amtrak funding should excluded millions of tax-paying fami- dren to an accredited facility than if be given a special place of prominence lies with teenage children from receiv- they chose a smaller, unaccredited among all other federal programs. Next ing any tax relief at all, including as caregiver. I believe this is a poorly year, the Federal Government will many as 50,000 families in Michigan. thought out provision which create an take in $1.7 trillion in tax revenues. If And it drastically reduced the capital unjustified intrusion by the Federal Amtrak funding is a priority, I am con- gains tax relief for seniors and small Government into the child care deci- fident that sufficient money can be businessmen. For these reasons, I op- sions of parents. Rather than allow found in the budget without resorting posed it. parents to make their own child care to tax increases.∑ There were several amendments tar- decisions free from a biased tax code, f geted at the Finance Committee’s $500 this amendment would have placed par- SENATOR TORRICELLI HONORS per child tax credit. The Kerry amend- ents in a position of losing part of their DEPARTING SWEDISH AMBAS- ment would have made the child tax tax credit just because they chose the SADOR credit refundable against FICA tax neighbor they know and trust, rather Mr. TORRICELLI. Mr. President, I payments. To pay for refundability, the ∑ than the stranger working at the large, rise today to acknowledge the monu- amendment would have reduced the in- accredited child care center. For that mental service and dedication of one of come levels at which the credit is reason, I opposed the amendment. Sweden’s finest Ambassadors ever to phased-out. Another amendment I opposed was have served in the United States, Mr. Mr. President, I support making the the Kennedy amendment to raise the Henrik Liljegren. After 41⁄2 years in family tax cuts in this legislation cigarette excise tax by an additional 23 Washington, Ambassador Liljegren is broader to include lower-income fami- cents. Senator KENNEDY’s intention being reassigned to Istanbul, Turkey, lies, but I oppose taking tax relief was to use the $12 billion raised by this and I want to take this opportunity to away from middle-class families to do tax to provide additional funding for express my admiration for, and grati- so. The Kerry amendment would have children’s health insurance. tude to, this skilled diplomat. eliminated the $500 credit for millions Mr. President, I support the underly- Ambassador Liljegren has spent his of middle-class families who pay al- ing bill’s provision to ensure that de- time in Washington carefully fostering most 40 percent of their income in serving children get adequate funding a new level of understanding between taxes while redirecting that relief to- to meet the health insurance chal- our two countries. The end of the cold wards families with no income tax bur- lenge. The Finance Committee bill, as war has created new perspectives for den and actually receive money from amended by the Senate, would spend Sweden’s foreign policy, and new op- the Federal Government. $24 billion over the next 5 years, or portunities for Sweden and the United A similar amendment, offered by about $1,600 per child to address this States to further their relationship. Senator LANDRIEU, would have per- issue. Senator KENNEDY’s amendment Ambassador Liljegren is well respected mitted families receiving payments would provide an additional $12 billion for his willingness to promote closer under the earned income credit to also over 5 years for health insurance cov- ties between the people of our two receive full $500 per child tax credits. erage. Mr. President, I believe it is in- great nations. Senator LANDRIEU would have offset cumbent upon Senator KENNEDY and His strategy for strengthening Unit- these new payments by reducing the al- other supporters of this higher level of ed States-Swedish ties has been multi- lowable family income from $110,000 to funding to demonstrate how these faceted and creative. For example, he $75,000. Once again, this amendment sums could be effectively spent to com- recently testified before the Senate would have taken relief away from tax- bat a problem that the Clinton admin- Banking, Housing, and Urban Affairs paying families. While I support giving istration has agreed could be solved Committee to help determine whether tax relief to families of all incomes, it with a lower funding level. In my opin- or not neutral countries had profited is not right to take tax relief away ion, Senator KENNEDY failed to make from their policies during the Second from families earning as little as that case, and for that reason I opposed World War. Ambassador Liljegren was $75,000 to make it possible. the Kennedy amendment. aware of the State Department’s An amendment which I supported One amendment which I supported Eizenstat Report, which was stern in was offered by Senator GRAMM to pro- was offered by Senator DURBIN to pro- its condemnation of neutral states dur- vide the full $500 per child tax credit to vide the self-employed with the ability ing this period, and was forthcoming in parents of children ages 13 to 17. Under to deduct 100 percent of their health in- explaining his country’s policies vis-a- the Finance bill, the full child credit surance costs. I believe the current pol- vis the Third Reich. His testimony was would only go to those parents who de- icy toward self-employed Americans is influential in drawing attention to the posit it into a qualified tuition savings unfair and discriminatory and I sup- systematic effort on the part of the plan for their children. For those par- ported the Durbin amendment in an ef- Swedish Foreign Ministry to assist the ents who are unable to afford such a fort to ensure that this issue was ad- Jews during World War II. plan, or whose children do not go to dressed by the conference committee. On behalf of my colleagues in the college, they would only qualify for a While the Durbin amendment failed on Senate and the entire Nation, I want to S7618 CONGRESSIONAL RECORD — SENATE July 16, 1997 again express our gratitude for Ambas- supporting the U.N. Programme, initi- had grown from a four-partner office in sador Liljegren’s service, and wish him ated an annual award named for Presi- a second-floor Corvallis office to an the best of luck as he continues his ca- dent Franklin Delano Roosevelt to international consulting firm employ- reer in Turkey.∑ honor nations that make significant ing 1,900 professionals in 20 U.S. offices TRIBUTE TO STEPHANIE A. FRANK AND ERICK N. progress toward meeting the United and two overseas locations. VIORRITTO, RECIPIENTS OF THE 1997 WHITE Nations goals. On September 15, 1996, His legacy, which is one of the Na- HOUSE PRESIDENTIAL SCHOLARS PROGRAM the first FDR International Disability tion’s largest employee owned compa- ∑ Mr. SMITH of New Hampshire. Mr. Award went to President Kim Young nies, has become a $1 billion a year President, I rise today to pay tribute Sam of South Korea. The award is a business which employs more than to Stephanie A. Frank of Dover, NH, bust of FDR and a $50,000 donation to a 7,000 employees in 120 worldwide loca- and Erick N. Viorritto of Manchester, Korean non-governmental disability tions. NH, on being selected as the Granite organization, and it recognizes South Mr. Cornell is the second CH2M HILL State winners of the 1997 White House Korea’s impressive strides in improving founder to pass away. Fred Merryfield, Presidential Scholars Program spon- the lives of its citizens with disabil- the Oregon State engineering professor sored by General Motors and Saturn. ities. South Korea has taken steps to who conceived the idea for the firm, Stephanie and Erick were chosen on legislate needed protections and to pro- died in 1977. The other founders are re- the basis of academic and artistic suc- vide physical and employment rehabili- tired, but remain active in CH2M HILL cess, leadership, and involvement in tation services. Buildings, education, affairs, in their communities and in their school and community. Each stu- and employment are being made acces- their personal lives. dent also selected the teacher who has sible to those with disabilities. Presi- Ralph R. Peterson, CH2M HILL’s had the most impact on his or her ac- dent Kim is also waging a public president and CEO, said, complishments. awareness campaign to involve more It was my personal pleasure to work with Stephanie and Erick, along with nondisabled South Koreans in the lives Holly from the time I joined the firm in 1965 their parents and honored teachers, of those with disabilities. until Holly’s retirement in 1980. Of course, he spent a week in Washington, and at- I commend South Korea for the excelled at whatever job he undertook, but tended the Presidential Scholar Medal- progress it is making. The 1996 award is what I remember most of Holly during those lion ceremony hosted by President times are the lasting relationships he forged a great honor for that country, and an with clients, on projects: clients and projects Clinton. Stephanie, a graduate of example for other nations. Already, like to Boeing 747 Assembly Plant in Ever- Dover High School in Dover, NH, President Kim has created a fellowship ett, Washington; and the Denver Water brought her teacher Mr. Christopher fund to provide assistance to 10 out- Board’s Foothills Water Treatment plant in Lawrence to accompany her on the standing Koreans with disabilities each Denver. These became landmark projects, trip, while Erick, a graduate of year, and other nations are following but what is truly impressive is that those Manchester’s West High School in South Korea’s leadership. clients are still valued CH2M HILL clients Manchester, NH, brought his teacher This international award is also a re- today. Mr. Gaston P. Normand, Jr., for the minder that there is still much more to Mr. Cornell was born in Boise, ID in festivities. do to ensure that persons with disabil- 1914 and earned a bachelor’s degree in Founded in 1964 by President Lyndon ities have the opportunity to become civil engineering from Oregon State B. Johnson, the White House Presi- independent and productive citizens College in 1939. He earned a master’s dential Scholars Program honors the and lead fulfilling lives. I commend the degree from Yale and worked for the Nation’s most accomplished students. World Committee on Disability for its Standard Oil Co. in California before This year, 141 high school seniors were leadership. I look forward to this year’s being called to active Army duty in chosen from among 2,600 eligible can- award and to continuing to make 1941. Mr. Cornell served with distinc- didates on the basis of academic and worldwide progress on this extremely tion in the Army Corps of Engineers in artistic success, leadership, and in- important issue.∑ Europe during World War II and re- volvement in their school and commu- f ceived the Bronze Star medal. He was nity. executive officer of an engineer group As a former high school teacher my- HOLLY A. CORNELL under Gen. George Patton that re- self, I commend Stephanie and Erick ∑ Mr. SMITH of Oregon. Mr. President, paired Germany’s famed Remagen for their hard work and outstanding I am saddened to note the passing of Bridge, enabling Allied forces to cross achievements. Congratulations to Holly A. Cornell of Charbonneau, one the Rhine. Stephanie and Erick on this distin- of Oregon’s leading citizens, who died Mr. Cornell was active in numerous guished honor. It is an honor to rep- at his home on July 1 after a long ill- professional societies including the resent these outstanding students in ness at the age of 83. A July 7 memo- American Consulting Engineers Coun- the U.S. Senate. ∑ rial service for Mr. Cornell was held at cil, the American Society of Civil Engi- f the LaSells Stewart Alumni Center on neers, the American Water Works As- the Oregon State University Campus in sociation, and the Professional Engi- IMPRESSIVE LEADERSHIP BY THE Corvallis. neers of Oregon. The latter society re- WORLD COMMITTEE ON DISABIL- Mr. Cornell, a founding partner and cently named him Oregon Engineer of ITY the ‘‘C’’ in what became Oregon’s own the Year. He also was active in a uni- ∑ Mr. KENNEDY. Mr. President, half a CH2M HILL, was the international en- versity fraternal organization, Phi billion people throughout the world gineering and environmental consult- Delta Theta, and several honorary soci- have disabilities, and 85 percent of ing firm’s first employee. He returned eties including Phi Kappa Phi and Tau them live in poverty. In many coun- to Corvallis after World War II to co- Beta Pi. tries, disability can be a barrier to the found the firm that was to become Cor- Mr. Cornell enjoyed golf and travel. many aspects of life that those of us nell, Howland Hayes & Merryfield His wife, Cleo, preceded him in death. without disabilities often take for [CH2M]. He managed numerous water, He is survived by a son, Stephen Cor- granted. It has been 15 years since the wastewater and industrial projects for nell, Seattle; a daughter, Cynthia United Nations World Programme of CH2M, and opened the firm’s Seattle Wildfong, Castle Rock, CO; and three Action Concerning Disabled Persons office. He also served as director of grandchildren.∑ was adopted to improve the lives of technology, president and chief execu- f citizens with disabilities in their na- tive officer and chairman of the board. tions. As a result, many countries are Among his many accomplishments CONGRATULATING THE SIOUX responding to the United Nations chal- were ushering CH2M HILL into the FALLS VA MEDICAL AND RE- lenge and doing more to help citizens computer age, and managing complex GIONAL OFFICE CENTER with disabilities live fuller and more projects such as the Milwaukee Metro- ∑ Mr. JOHNSON. Mr. President, I rise productive lives. politan Sewerage District’s pollution today to offer my congratulations to In 1996, the World Committee on Dis- abatement project. At the time of Mr. Director R. Vincent Crawford and his ability, an organization dedicated to Cornell’s 1980 retirement, CH2M HILL staff at the VA Medical and Regional July 16, 1997 CONGRESSIONAL RECORD — SENATE S7619 Office Center [VAMROC] in Sioux Falls in his lifelong work to help those less Bosnian refugees could have returned on receiving the Disabled American fortunate than himself. to their homes and Bosnia could have Veterans’ 1997 Large Employer of the Always young in spirit and energy, I resumed normal life—if the leaders of Year Award. This award is a testament commend Bob for his generosity and the Bosnian factions had permitted it. to VAMROC’s continuing efforts to service with a special birthday wish Unfortunately, these leaders retain of- hire disabled veterans, and I am hon- that my friend continues to enrich his fice and retain their access to public ored that VAMROC’s work was recog- community for years to come.∑ money through policies of ethnic divi- nized by DAV. f sion and hostility, not policies of rec- This national award is presented an- onciliation. Consequently there has nually by the DAV to a business with ENLARGEMENT OF THE EUROPEAN been little progress in achieving the more than 200 employees who asser- UNION political goals of the Dayton accords. tively hire disabled veterans. The cen- ∑ Mr. BIDEN. Mr. President, I wish to The restoration of Bosnia’s economic ter’s Vocational Rehabilitation and congratulate the European Union for infrastructure is similarly hobbled, Counseling Division provides veterans its decision yesterday to begin mem- partly because some of the factional with valuable work experience and bership talks with six countries, five of leaders prefer the graft inherent in training positions, which opens up new them in Central and Eastern Europe. government monopolies to the prosper- employment opportunities within Mr. President, as anyone who has fol- ity that comes from open competition. South Dakota’s VA medical centers, lowed my numerous statements on Another reason is the weakness of the and with the private sector. The per NATO enlargement knows, I have fre- civil component of the international capita rate of veterans placed in em- quently criticized the European Union effort to implement Dayton. The dip- ployment by the VAMROC’s Voca- for not moving speedily enough toward lomats from European Union and tional Rehabilitation and Counseling its own stated goal of enlargement. NATO countries who are charged with Division leads the Veterans Benefits The EU’s announcement that it will civil implementation have been doing Administration Regional Offices in this begin talks early next year with Cy- their best, but they lack the authority, category. prus, the Czech Republic, Estonia, Hun- the resources, and the planning ability The VAMROC works in conjunction gary, Poland, and Slovenia is welcome which characterize their NATO mili- with the local union representing its for several reasons. tary counterparts. The international employees to ensure that disabled vet- First of all, it recognizes that these response to Bosnia is somewhat like a erans will receive consideration for job are the countries that have already human body which is strong and vi- openings at VAMROC. Recent veterans made the most progress in meeting the brant on one side, the military side, employment statistics show that of EU’s demanding economic and political and weak and withered on the other, VAMROC’s 704 employees, 219 were vet- qualifications. Five other prospective civilian, side. This imbalance threatens erans for a 31-percent employment candidates—Bulgaria, Latvia, Lithua- the success of our military deployment rate. Of these 219 veterans, 60 were dis- nia, Romania, and Slovakia—now real- because the civil tasks are the tasks abled veterans and 163 were Vietnam ize that they have more work to do. which will bring lasting peace to era veterans. Second, the naming of five Central Bosnia. The economic infrastructure Mr. President, I always have felt that and East European countries for the must be restored. Local sectarian bar- veterans in South Dakota are ex- next round of EU enlargement in itself riers must fall and people and trade tremely fortunate to have such high will add to the emerging European se- must move freely throughout the coun- quality facilities, doctors, staff, and curity architecture, along with the try and across its borders. The rule of administrators at our VA hospitals other web of ties connected with EU law must replace the rule of local that provide care second to none. membership. bosses and the police must become im- VAMROC certainly exemplifies this Third, the naming of Cyprus to the partial instruments of the law. Foreign commitment to our veterans. Our vet- list of prime candidates for EU mem- investment, integration with Europe, erans made a commitment to their Na- bership should help to move the parties and the eventual prosperity which is tion, trusting that when they needed on that island to a final, equitable so- needed to undergird peace will not help, the Nation would honor that com- lution that eliminates the division of occur unless these civil tasks are ac- mitment. VAMROC’s leadership and the country, which has persisted for complished. Because these tasks are so dedication is an example of how our twenty-three years. essential to a successful outcome in Nation can best serve the needs of our I do not underestimate the complex- Bosnia, our soldiers there will some veterans. Again, I congratulate Direc- ity of accession negotiations as the Eu- day be measuring the value of their tor Crawford and his staff at VAMROC ropean Union concurrently moves to- Bosnia service medals based on how on receiving this award of accomplish- ward ‘‘an ever closer union.’’ Nonethe- well the civilian component of the ef- ment, and I thank them for their con- less, I hope that the talks with the six fort did its job. tinued service to South Dakota’s veter- prime candidates will move speedily so A precondition for democracy in any ans.∑ that they can join the European Union country is justice: the ability for any f before the end of this century. citizen to get justice from his or her in- Again, I congratulate the European stitutions, and the ability of those in- RECOGNITION OF CHARLES Union on the step it has taken.∑ stitutions to provide justice when ROBERT ‘‘BOB’’ LOCK f crimes are committed. This pre- ∑ Mr. BOND. Mr. President, today I condition is lacking in Bosnia. Fur- stand before you to recognize a truly SITUATION IN BOSNIA thermore, the very concept of justice is unique individual and personal friend ∑ Mr. KERREY. Mr. President, I rise to daily mocked by the presence in Bosnia on his 70th birthday. Robert ‘‘Bob’’ comment on the present situation in of individuals who have been indicted Lock, born on July 22, 1927, in Mar- Bosnia, the small Balkan country for war crimes by the Hague Tribunal. shall, MO, has lived most of his life in which is the scene of a military com- Until these individuals are tried by the Carrollton, MO. Bob has shown the mitment involving thousands of Amer- Tribunal, until the people of Bosnia see kind of lifelong devotion to his State ican military personnel, a significant that the world takes seriously what and country that make it an honor to slice of our military forces, and the lo- happened to them and is committed to commend him for his many years of gistics and intelligence which support doing justice, the Bosnians of all eth- civic contributions. them. nic groups have no reason to hope for a After joining the Navy and serving Our military led the way into Bosnia better future. If the crimes that oc- his country in World War II, Bob found- as the NATO alliance took on the role curred during the Bosnian civil war are ed Lock Steel Building Co. in 1947, and of overseeing the security aspects of not publicly brought to closure, if the is still active in the industry today. He the Dayton accords. Our soldiers and criminals can just wait out the world’s has been an active board member of other NATO forces have prevented a re- outrage, then there is no reason for the several businesses and philanthropies currence of war and they have provided average Bosnian to have any hope in a throughout the years and takes pride a security umbrella beneath which democratic future. S7620 CONGRESSIONAL RECORD — SENATE July 16, 1997 Mr. President, it is because justice Soviet Union with an unfounded and ir- try to address each one. My vote to- for war crimes is so important that I responsible fear of anything that comes morrow in favor of this sense-of-the- am particularly pleased at recent news from beyond their borders, they will be Senate resolution will be an expression reports that NATO is now acting to taking a most serious downward turn of these concerns. However, I believe capture persons in Bosnia who have in the culture and future of their Re- there are far more effective ways to been indicted for war crimes. The re- public. demonstrate our commitment to these cent raid conducted by British troops So in that, Mr. President, I cast my issues than just the sense of the Senate to capture a suspected war criminal vote in favor of the Smith amendment before us. I suggest if we truly want to who was subsequently transported to hoping to send that message to the address all these issues constructively, the Hague should give hope to ordinary people of Russia. we should bring before the Senate leg- Bosnians that justice will be done and I yield the floor. islation that is targeted for its clear armed thugs will not continue to domi- Mr. DEWINE addressed the Chair. solutions. nate their local affairs. I applaud the The PRESIDING OFFICER. The Sen- For example, the Senate recently bravery of the British troops in this ator from Ohio. passed legislation offered by my col- raid and I urge additional raids by the f league who just spoke a moment ago, NATO forces in Bosnia to accomplish MFN STATUS WITH CHINA the distinguished Senator from Utah, this essential and unfinished part of Mr. BENNETT, which calls on our Presi- our collective duty.∑ Mr. DEWINE. Mr. President, tomor- dent to enforce our Nation’s non- f row we will be voting on Senator proliferation laws against China for its HUTCHINSON’s amendment with regard efforts to supply Iran with cruise mis- RELIGIOUS LIBERTY IN RUSSIA to most-favored-nation status with siles. I was a cosponsor of this legisla- Mr. BENNETT. Mr. President, I China. tion, which, by the way, passed the would like to make a very brief state- I intend tomorrow to vote for the Senate unanimously. ment about an action taken earlier amendment offered by my friend from We can do more. We could and we this day when I was unable to com- Arkansas, Senator HUTCHINSON. I would should bring before the Senate the leg- ment—the adoption of the Smith like to emphasize, however, first and islation that was introduced by my col- amendment as it had to do with reli- foremost, that this is a sense-of-the- league from Pennsylvania, Senator gious liberty in Russia. Senate resolution. It is not binding. It SPECTER, legislation which would im- I know everyone talked about the im- does not in any way alter or reverse pose penalties on countries guilty of portance of religious freedom and inde- the President’s decision to extend supporting or tolerating religious per- pendent religious liberty, and how im- most-favored-nation trading status secution, and I am a proud cosponsor of portant it is for that value to be estab- with China. As we all know, the House this bill. lished in Russia. And I do not want to of Representatives already has voted We should bring before the Senate repeat those arguments. There is just against a resolution revoking China’s the legislation introduced by the Sen- one point I think that needs to be made MFN status. ator from Michigan, Mr. ABRAHAM, here. So, Mr. President, this amendment is which would impose targeted sanctions The psychologists have a term ‘‘xeno- more a chance to make a statement— against China in cases of religious per- phobia’’ which they use to describe frankly, for me, a chance to express my secution and against Chinese compa- those who have a fear of strangers, or a frustration with certain activities nies for illegal weapons transfers into fear of anything foreign. As we look at taken by the Chinese Government. the United States. the long and troubled history of Rus- Let there be no misunderstanding. I This bill would also increase United sia, and then the Soviet Union, we see believe that China needs to reassess its States support for human rights and that one of the driving forces in that actions in a number of areas because I democracy-building initiatives in culture has been xenophobia—terrible believe Congress—certainly this Sen- China, including Radio Free Asia and fear under the czars of any kind of ator—is losing patience. the National Endowment for Democ- Western influence somehow creeping Let me be a bit more specific. I am racy. I am proud to be an original co- into Russia; terrible fear under the very concerned first about China’s sponsor of this legislation as well. commissars, or Communist dictators weapons proliferation activities par- If we truly want to take strong, con- from Lenin and Stalin all the way ticularly in the Middle East. In the structive action in regard to China, the down through Khrushchev and Brezh- past 2 years, it has been reported in the options are clearly before us. The nev of anything that they considered media that China has supplied Paki- sense-of-the-Senate resolution before to be foreign. It was one of the major stan with key components to develop us is not the best way to address all of problems of the Soviet Union and one its own nuclear weapons program as the issues of concern we have with of the major difficulties that they had well as ballistic missiles to deliver China, but it is, I believe, helpful to in becoming an accepted part of the such weapons. China also has been the send a signal to the Government of world family of nations. source for Iran’s growing cruise missile China that the people of the United We all rejoiced when the Berlin wall capability, which poses a clear threat States are genuinely concerned about came down, when in the spirit of to our military personnel and commer- the direction China has taken in a glasnost—or openness—Mr. Gorbachev cial shippers in the Persian Gulf. number of areas. Again, it is just a sig- led the Soviet Union into an atmos- Further, I am concerned about Chi- nal. But we should use the opportunity phere of much less xenophobia. nese state-owned companies knowingly to make this signal strong and very The thing that distresses me the supplying assault weapons to criminal clear. most is the piece of legislation that gangs in California. Representatives of I believe, as I have stated, that we passed the Russian Parliament, and these companies were arrested in a can do much more, more that is con- that is now sitting on President sting operation just last year and are structive and more that I believe can Yeltsin’s desk, is that it is a clear re- now awaiting trial in California. I am make a real and positive difference for turn to the days of xenophobia—fear of very concerned about repeated human the people of China. I hope in the anything from outside. rights violations throughout China as weeks and months ahead we will take Yes. Religious liberty is important. well as religious persecution and reli- these actions. Yes. I voted for the Smith amendment gious repression. f to establish the importance of religious I am very concerned about the hid- liberty. But I voted for the Smith eous practices of forced abortions and ORDERS FOR THURSDAY, JULY 17, amendment even more firmly because I sterilization in China. I am concerned 1997 believe the Russian people must be told about the possible reversal of various Mr. DEWINE. Mr. President, now on in as firm a fashion as possible that if political liberties such as free speech behalf of the majority leader, I ask they returned to the days of the dark- and assembly in Hong Kong. unanimous consent that when the Sen- est period of the czars, if they returned These are all very serious issues, and ate completes its business today, it to the days of the darkest period of the I believe that we need to take action to stand in adjournment until the hour of July 16, 1997 CONGRESSIONAL RECORD — SENATE S7621 9:30 a.m. on Thursday, July 17. I fur- following the debate time on the re- sent the Senate stand in adjournment ther ask that on Thursday, imme- maining two amendments to S. 955, the under the previous order. diately following the prayer, the rou- Senate will begin voting on those There being no objection, the Senate, tine requests through the morning amendments as well as final passage. hour be granted and the Senate then Therefore, Senators can expect three at 8:21 p.m., adjourned until Thursday, immediately resume consideration of consecutive rollcall votes beginning at July 17, 1997, at 9:30 a.m. S. 955, the foreign operations appro- approximately 10 a.m. tomorrow morn- priations bill. ing. It is the intention of the majority f The PRESIDING OFFICER. Without leader that the Senate begin consider- objection, it is so ordered. ation of the treasury, postal appropria- NOMINATIONS f tions bill following the disposition of the foreign operations appropriations Executive nominations received by PROGRAM bill. the Senate July 16,1997: Mr. DEWINE. Mr. President, also on f behalf of the majority leader, I would THE JUDICIARY like to make the following announce- ADJOURNMENT UNTIL 9:30 A.M. RICHARD CONWAY CASEY, OF NEW YORK, TO BE U.S. TOMORROW DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF NEW ment for Members of the Senate. To- YORK VICE CHARLES S. HAIGHT, JR., RETIRED. morrow the Senate will resume consid- Mr. DEWINE. Mr. President, if there RONALD LEE GILMAN, OF TENNESSEE, TO BE U.S. CIR- eration of S. 955, the foreign operations is no further business to come before CUIT JUDGE FOR THE SIXTH CIRCUIT, VICE H. TED MILBURN, RETIRED. appropriations bill. Under the order, the Senate, I now ask unanimous con- July 16, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1433 EXTENSIONS OF REMARKS

DEMOCRATIC REFORM DEALT In light of my concerns, I welcomed the op- people of Slovakia want that goal, they will be BLOW IN SLOVAKIA portunity to discuss these matters with four able to implement the changes necessary to other Slovak parliamentarians at the OSCE make it happen. HON. STENY H. HOYER Parliamentary Assembly in Warsaw last week: f Jan Cuper, Dusan Slobodnik, Jan OF MARYLAND Carnogursky, and Peter Magvasi. I was joined TRIBUTE TO AMANDA ELIZABETH IN THE HOUSE OF REPRESENTATIVES in that meeting by Representatives /SLAUGH- GREEN Wednesday, July 16, 1997 TER, DANNER, and KING. Mr. HOYER. Mr. Speaker, I recently had the In that meeting, I reiterated my concern re- HON. BENNIE G. THOMPSON opportunity to meet with the Speaker of the garding the Gaulieder case and the Interior OF MISSISSIPPI Slovak National Council, Ivan Gasparovic, dur- Ministry's disrespect for constitutional order. In IN THE HOUSE OF REPRESENTATIVES addition, I flagged concern regarding the con- ing his visit to Washington in early June. In Wednesday, July 16, 1997 fact, this was my second meeting with the tinued exclusion of opposition members from Mr. THOMPSON. Mr. Speaker, I rise today chairman of Slovakia's legislature, whom I had key oversight operations, such as the State to recognize Ms. Amanda Elizabeth Green. also met in late 1994. I welcomed this oppor- board for radio and television, the parliamen- Ms. Green is the recently elected Miss tunity to renew my contact with this important tary committee which deals with security, and the National Property Fund which oversees Tougaloo College for the 1997±98 school leader and am grateful to Mr. HYDE, who orga- privatization. Finally, I expressed my concern year. She is a junior with double majors in nized this meeting. that the Ministry of Education had issued a pa- English and history with an emphasis in pre- Unfortunately, since my meeting with tently anti-Semitic textbook in April. While law from Kokomo, MS. Speaker Gasparovic in 1994, some of the Prime Minister Meciar has just announced that Amanda is the daughter of Mr. Arthur Lee most significant accomplishments of the post- the book would be withdrawn from school use, Green and Mrs. Debora P. Green. She is the Communist and independent Slovak state the Ministry of Education continues to defend youngest of two children. Her brother, Arthur have come under threat, as sadly illustrated this text, revealing a serious streak of anti- Bernard Green, has had a tremendous impact by two recent events. Semitism in the current ruling coalition. on her life. She quotes the best advice given Last November, when Slovak legislator Throughout all this, the Slovak Government to her by him, ``If you believe it, conceive it, Frantisek Gaulieder renounced his member- has continued to assert that Slovakia is inter- then you will achieve it.'' While attending ship in the Prime Minister's party, he was also ested in joining NATO. But the Slovak Govern- Tougaloo College, Amanda has participated in stripped of his deputy's mandate on the basis ment has simply failed to implement the kind many student activities which include serving of a letter of parliamentary resignation which of human rights and democratization reforms as president of the Tougaloo Modeling Squad, he says he never penned. Not to put too fine that would make consideration of Slovakia for Miss Reuben V. Anderson Pre-Law Society, a point on the message he was being sent, a NATO accession realistic at this point. And as the NAACP, the National Political Congress of bomb went off on Mr. Gaulieder's porch a few Slovakia's human rights record diminishes, so Black Women, the committee to re-elect Su- days later. Unfortunately, Mr. Gasparovic had does its prospects for integration into trans-At- preme Court Justice Fred Banks, and has no real response to the concerns I expressed lantic institutions. served as an intern for the Mississippi State regarding this matter except to say that Mr. Mr. Slobodnik did his best to convince me Supreme Court. Gaulieder's case is still pending before the that Slovakia's record is really no worseÐand, Amanda is currently the president of the Slovak Constitutional Court. indeed, he asserted, probably much betterÐ Reuben V. Anderson Pre-Law Society, vice- Although the Slovak Constitution Court has than the records of many other post-Com- president of the junior class, a member of the earned international respect as one of the munist countries in Central Europe. But the Student Activities Council, Tougaloo Ambas- leading post-Communist courts in Central Eu- facts speak more clearly than Mr. Slobodnik's sadors of Merit Scholars, a member of Alpha rope, it, too, is sadly under siege. On May 23, words. In short, the process of democratic re- Kappa Alpha Sorority, Inc., and a resident as- the Slovak Ministry of Interior flagrantly vio- form in Slovakia has simply failed to keep sistant. Amanda is a strong believer that the lated orders of the court by willfully manipulat- pace with the reform process in other post- children are our future. Following that belief, ing the administration of a referendum on Communist countries in the region. The Baltic she serves as a tutor for an after-school pro- NATO and the direct election of the president. States, which were brutally occupied by the gram at Rowan Middle School in Jackson, MS In particular, the Ministry of Interior blocked Soviets for 50 years, have made peace with and a mentor at the Kokomo Head Start Cen- one of four referendum questions scheduled the Soviet-era immigrants to their countries ter in Kokomo, MS. Although she is involved for presentation to the Slovak voters and, in and have shown their strong commitment to in several extracurricular activities, Amanda so doing, provoked a boycott of the entire ref- their international human rights obligations; still has time to excel as a Dean List scholar erendum. Romania, which had one of the most repres- at Tougaloo. She is also a member of the The disrespect shown by the Ministry of In- sive regimes of the Communist era, has elect- New Damascus M.B. Church in Kokomo and terior for the constitutional court is nothing less ed a pro-reform government that emphasizes plays an active role in the community. She be- than shocking. More to the point, the govern- tolerance and reconciliation in its political plat- lieves that all of her strength comes from God ment's disregard for the rule of lawÐcoming form; Bulgarian voters, too, recently signaled and acknowledges that all the glory belongs to on the heels of the extraordinary means by that their future lies in the west, and not in the him. which Frantisek Gaulieder was stripped of his east. After obtaining her two bachelor of arts de- parliamentary mandate last NovemberÐsug- During my meeting in Warsaw, I suggested grees from Tougaloo, Amanda plans to further gests an escalation in the tactics of the ruling to my Slovak colleagues that our discussion her education at a prestigious law school coalition. It was not surprising that Slovakia's should be viewed not as a confrontation where she will receive both her masters of own Foreign Minister resigned after this fiasco, among enemiesÐthe way such discussions arts and doctoral degrees. Amanda plans to stating that he was unable to perform his job might have rightly been viewed during the cold one day establish a college fund in her par- under such circumstances. Certainly, Mr. warÐbut as a conversation among potential ents name for needy students diligently seek- Gasparovic's reassurance that the Gaulieder partners. I believe that bringing Slovakia into ing an education, holding true to the African case is pending before the constitutional the NATO family will contribute not only to adage ``It takes an entire village to raise a courtÐthe very court his Ministry of Interior Slovakia's security, but to the security of the child.'' had just defiedÐdoes little to reassure me that entire NATO community. Each time I hear that Mr. Speaker, I ask you to join me in honor- democracy is being effectively safeguarded in Slovakia remains interested in joining NATO, I ing Ms. Amanda Elizabeth Green, Miss Slovakia. am heartened. Ultimately, I believe that if the Tougaloo College 1997±98 school year.

∑ 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. E1434 CONGRESSIONAL RECORD — Extensions of Remarks July 16, 1997 RECOGNIZING MURRYSVILLE it. Doug was an inspiration and an example to REAUTHORIZATION OF THE JUVE- CHRIST’S LUTHERAN CHURCH us all. NILE JUSTICE AND DELIN- QUENCY PREVENTION ACT, H.R. As many of you may remember, Doug was 1818 HON. RON KLINK not one to grandstand or bring attention to OF PENNSYLVANIA himself. While many of his Democratic col- SPEECH OF IN THE HOUSE OF REPRESENTATIVES leagues in the class of 1976 went on to be- HON. PATSY T. MINK Wednesday, July 16, 1997 come the big players in the congressional OF HAWAII Mr. KLINK. Mr. Speaker, I rise today to rec- arena, Doug chose to work quietly, from the IN THE HOUSE OF REPRESENTATIVES ognize the efforts of 12 members of the sidelines, for his constituents and for the is- Tuesday, July 15, 1997 Murrysville Christ's Lutheran Church. This sues that he felt were deserving of his atten- week, a group of 10 youths and 2 adults will tion. Without bringing large amounts of atten- Mrs. MINK of Hawaii. Mr. Speaker, I rise to embark on a work trip from my place of resi- tion to himself, he affected important change. support the re-authorization of the Juvenile Justice and Delinquency Prevention Act, which dence, Murrysville, PA to Washington, DC. Instead, his quiet, but devoted adherence to They will spend an entire week volunteering at would extend through fiscal year 2002 a valu- key areas of interest won him the respect of homeless shelters, food kitchens, and assist- able program treating juveniles in our society ing Habitat for Humanity with home construc- his colleagues and the loyalty of Ohio's 18th who are delinquent. tion in the Anacostia section of this city. Congressional District, who consistently voted The purposes of the Juvenile Justice and In his address to the attendees of this past him into office with well over 50 percent of the Prevention Act are clear: early intervention spring's Presidential Summit for America's Fu- vote. and prevention of delinquency for juveniles; as ture, President Clinton issued a call to action At the top of Doug's list of legislative prior- well as proper management of the juvenile once the child is in custody. We must not for- to all Americans ``to serve our children, and to ities was protecting the benefits that go to our get that these are children that we are dealing help teach them to serveÐnot as a substitute country's veterans. He believed that the great for government, but to meet our major chal- with. Youth that we must reach as soon as sacrifices of these brave men and women are lenges as one community, working together.'' possible and we must protect to ensure we do The members of the Murrysville Christ's Lu- worth compensation, and as chairman of the not lose them in the system. theran Church have issued and answered that Veterans' Affairs Subcommittee on Com- I am glad to see that this bill is not another call. pensation, Pensions, and Insurance, he get tough on kids' bill as we saw earlier this While most young people their age are worked to increase, substantially, the benefits session. H.R. 3, the Juvenile Crime Control spending their summer at pools or camps, to the survivors of those that did not make it Act of 1997 provided no balance of prevention these young people have chosen to donate home. While he realized that no amount of and accountability to reduce the number of their time for the benefit of others. It is most money would ever make up for such a terrible violent youth. H.R. 3 was simply in response admirable that Lauren Caywood, Mandi Falvo, loss, he also realized that such compensation to public misperception that all juvenile crime is escalating out of control when in actuality Allison Long, Brandon Rioja, Michael Ross, can help to ease the suffering by making life this is not so. The level of juvenile crime, in- Rachel Gray, Ken Nemit, Matt Barnwall, Kym a little less complicated for those who were Brown, Molly Endres, Mrs. Gretchen Endres, cluding violent crime has actually declined left behind. and Rev. Roger Steiner would take time to over the past 20 years with one exception: ju- give back to those who are not as fortunate. Witnessing firsthand devastating economic venile homicides committed with handguns. It Once again, I urge my colleagues to rise hardship in his district, Doug was also a great is important to note that juvenile homicide rep- and recognize the efforts of the Murrysville defender of American jobs. His House station- resents only one tenth of 1 percent of all juve- Christ's Lutheran Church. They are fine rep- ery was emblazoned with the slogan, ``Buy nile offenses. In determining how best to re- resentatives of their church, their community, American! Save American Jobs!,'' Doug fought spond to juvenile crime, we cannot simply re- spond to a small percentage of juvenile crimes and the entire Fourth Congressional District. tenaciously to protect our workers and our in- that make the headlines, we must continue to f dustry from unscrupulous corporate practices. include a proper balance of prevention and ac- THE DOUGLAS APPLEGATE U.S. He worked to expose a scheme concocted by countability for all juveniles who are delin- POST OFFICE American companies that cut labor costs by quent. having United States flags made by a Taiwan- I am happy to see that the four core man- HON. JAMES A. TRAFICANT, JR. ese company and then labeling them ``Made in dates of the JJDPA will be retained in this bill. OF OHIO America.'' In doing so, he demonstrated his I am particularly glad to see that this bill will IN THE HOUSE OF REPRESENTATIVES own resolve and the determination of all continue to address sight and sound separa- tion as well as prevention efforts to reduce the Wednesday, July 16, 1997 Americans to promote our own jobs and in- dustry. He wanted to ensure that when a label disproportionate number of minorities that Mr. TRAFICANT. Mr. Speaker, last week I proclaimed ``Made in the U.S.A.'' it was, in come in contact with the juvenile justice sys- introduced legislation, H.R. 2129, to designate tem. fact, ``Made in the U.S.A.` the U.S. Post Office in Steubenville, OH, as Once a juvenile has been determined delin- the ``Douglas Applegate U.S. Post Office.'' I Doug was also a man who held firm to his quent, we must make sure that the juveniles' respectfully urge my colleagues to cosponsor beliefs. He would not play partisan politics if first contact with the justice system does not this bill, which will pay a much-deserved trib- his conscience guided him in another direc- shatter these children. We must make an ef- ute to a strong leader, a loyal friend, and a tion. An opponent of abortion, he did not hesi- fort to ensure the majority of juveniles who great man. tate to part ways with the leadership and sup- come in contact with the justice system are Doug Applegate was not only a colleague, port a bill calling for parental notification. properly handled. H.R. 1818 in retaining sight but a great friend as well. He worked hard to Never failing to stand up for what he believed and sound separation, continues to do this make new Members feel comfortable and to while safely adding more flexibility for the in, he was the definition of a leader. help them acclimate themselves to the Capitol States complying with this requirement. Hill environment. When I first came to Con- H.R. 2129 is but a small tribute for a man In my home State of Hawaii, status offend- gress in 1985, Doug was always willing to give with as much integrity as Doug Applegate, ers comprised one-third of all juveniles ar- me advice and guidance. Over the years I had who was as true a friend, and who fought for rested in 1994. These children need our help many opportunities to work with this fine man, what he believed in the way Doug did. Again, and must be exposed to community-based and was always impressed by his integrity and I urge everyone who believes that great lead- programs where they can receive the assist- his dedication to the causes in which he be- ers should be memorialized, to cosponsor my ance they require. They should not be treated lieved. He was a true leader in every sense of as disobedient minors, many if not most of bill to designate the U.S. Post Office in Steu- the word. He chose his battles and fought these status offenders are fleeing physical or them to the end. While he could work to build benville, OH the ``Douglas Applegate Post Of- sexual abuse. H.R. 1818 not only retains the a consensus, he was not afraid to stand fice.'' core requirement of deinstitutionalization of alone. A moderate Democrat, he would sup- status offenders but continues funding for run- port his party, but if his conscience pulled him aways and homeless under the newly created in another direction he would not fail to follow State block grants. July 16, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1435 While Hawaii prides itself as a multicultural public hearings and the deliberations of the have inherited them or acquired them but State, Samoans and Native Hawaiians con- committee of jurisdiction. The subject of have not had them taken back into trust by the tinue to be overrepresented in our juvenile's this amendment has not been considered by Secretary of the Interior. Many tribes are ex- the Committee of jurisdiction. By proceeding system. Hawaiians and part-Hawaiians rep- with an appropriations rider, we lose the tremely poor and have been in the process of resent only 31 percent of the population value of public input to Congress available having these homesites taken back into trust across the State, while accounting for 35 per- through committee hearings, and those of us for decades. cent of juvenile arrests and 53 percent of juve- who serve on authorization committees are The tribes are not doing this to set up truck niles in the Hawaii Youth Correctional Facility. again locked out of the full deliberative stops or tobacco shops or any other form of By strengthening and clarifying the dispropor- process. commercial operation. Usually the tribes are tionate minority confinement core requirement, Many of you have seen the conflicting merely working to reacquire their lands and to statements of the many ‘‘Dear Colleague’’ states may continue to take the necessary and other letters which have been circulated insure that those lands and the Indians who steps to properly address this problem. over the past ten days. In many cases, these live on them will be eligible to participate in I am glad to see that H.R. 1818 continues letters are in direct conflict with one an- the various Bureau of Indian Affairs programs to provide funding to the programs that have other. This is happening because there have which apply only to trust lands. proven their effectiveness in reducing juvenile been no hearings through which facts can be Tribes are doing this for reasonable, prac- crime. Programs such as mentoring, truancy sought and properly reported from the com- tical purposes. The Bureau of Indian Affairs prevention, recreation, job training, and drug mittee of jurisdiction to the House. Now I operates road maintenance programs, envi- rehabilitation to name a few will be stream- ask you, is this the best way to set the na- ronmental services programs, real estate serv- tion’s policy? When voting on a subject of lined into one block grant. this significance, wouldn’t you be more com- ices programs, water resources programs, and Having said that, I must express some con- fortable having the benefit of prior legisla- a large number of other programs which only cern over the prevention block grant formula. tive deliberations? apply to trust lands. Tribes want their mem- While it will streamline the discretionary grants Turning now to the merits of the legisla- bers to participate in and benefit from these in the JJDPA, we also must make sure it re- tion, I believe it is not controverted that programs. ceived adequate funding. Historically, block current law and regulations mandate that However, if the Istook amendment is adopt- the Secretary of the Interior provide notice ed and the Secretary of the Interior is pre- grants end up receiving less money once con- to state and local governments prior to mak- solidated than the original program before ing a final determination on taking Indian cluded from taking any of these former trust consolidation. These discretionary grants go to land into trust status. Additionally, the Sec- lands back into trust, we will eventually have the people on the front lines of juvenile justice, retary must consider the impact on state a new second class of citizen in this Nation. working day to day and reaching out to these and local governments of removal of the land If the Istook amendment is adopted we will children who need their help. We must make from the tax rolls. have some Indians living the life of the poorest sure they are not short-changed. Furthermore, state and local governments of the poor who don't even qualify for various who disagree with a decision of the Sec- I am glad to see bipartisan agreement that Bureau of Indian Affairs programs. We will retary can appeal adverse decisions within have Indians living on Indian reservation land we must pass a strong comprehensive bill that the Department of the Interior and in the will ensure that we take a balanced approach federal courts. If the land proposed to be which does not qualify for any Indian program. to juvenile crime. The passage of H.R. 1818 transferred into trust is not part of a current This is absurd, Mr. Chairman. will ensure we have proper prevention to aug- reservation and the proposal is for economic The gentleman from Oklahoma is trying to ment the purely punitive legislation passed development, the transfer is subject to a prevent a handful of Indians from setting up earlier this year. higher standard of scrutiny. This is a suffi- businesses which do not collect State and cient regulatory scheme already in place to f local sales and excise taxes. He is trying to protect the rights of state and local govern- resolve a problem that exists in a very few in- AMENDMENT TO H.R. 2107 ments, and it keeps the negotiations between stances in a few States. the Indian tribes and the United States, The vast majority of lands taken into trust by which is consistent with our government to HON. ENI F.H. FALEOMAVAEGA government relationship. the Secretary of the Interior have nothing whatsoever to do with diesel fuel or tobacco or OF AMERICAN SAMOA If this amendment were enacted into law, state and local governments would be given tax advantages. Instead of solving a problem IN THE HOUSE OF REPRESENTATIVES an absolute veto over all future transfers of common to only a few individuals, this amend- Wednesday, July 16, 1997 land into trust status. This is a significant ment would create a whole new level of sec- change in national policy, and as I noted ear- Mr. FALEOMAVAEGA. Mr. Speaker, I spoke ond-class citizens. This amendment would lier, this change would be made with our create a class of Indian which lives on lands yesterday in opposition to Representative only deliberations being today’s debate. ISTOOK's amendment to H.R. 2107, the appro- Finally, Mr. Chairman, as a matter of eq- within a reservation but receives no Bureau of priations bill for the Department of the Interior uity, I find it very disturbing that we are de- Indian Affairs services; a class of Indian which and related agencies. The amendment would bating today, yet another attack on the receives no State sewer, no State water, no have prohibited new lands from being placed American Indian. I fear that efforts like this State police protection, no State fire protec- into trust for American Indians unless the are a renewal of the efforts of Congress’ in tion, on other State services except State tax prior decades when actions were taken to tribes entered into agreements concerning the collection services. make sure our first Americans are never Mr. Speaker, few lands have ever been en- collection of certain taxes with local and State given the opportunity to achieve success. governments. I was not able to give my entire There was a recent advertisement I heard acted which would do so much damage while statement in the time allotted, and had submit- that pretty well summed up our treatment of solving so few problems. ted my entire statement to be included in the this country’s Indians. It went something The gentleman from Oklahoma apparently is CONGRESSIONAL RECORD. This was not done. like this: two hundred years of exploitation trying to stop Indian Tribes from setting up The following is my entire statement as I in- and neglect, more than 700 broken treaties, businesses which do not collect State and $2 billion in tribal trust funds lost or mis- tended it to be entered in the RECORD: local sales and excise taxes. He is trying to managed, $200 million in funding cuts last resolve a problem that exists in a very few in- MR. CHAIRMAN. I rise in strong opposition year, and now politicians want to levy new stances in a few States. taxes against tribal governments. Haven’t to the Istook/Visclosky amendment which However, this limitation on appropriated would prohibit the use of BIA funds to trans- they paid enough? fer any new land into trust unless a binding The ad was a brutally-accurate summary funds would impact all Indian tribes in all agreement is reached between Indian tribes, of our past treatment of the American Indi- States. The way I understand this amendment, states, and local governments regarding ans. The question for today is, do we con- not a single acre of land could be taken into state and local excise taxes on retail sales to tinue along that destructive line of reason- trust, anywhere, for any reason. If that is not non-Indians on new trust land. ing, or do we provide today’s tribes with the the first step toward ending any possibility of There are many reasons to oppose this opportunity to determine their future economic development for the poorest of this amendment. First, as a matter of procedure, through their own self-initiative. Nation's poor, I don't know what is. this is more than a matter of setting a level Most Indian reservations contain lands In my opinion, this draconian limitation on of appropriations. This amendment sets leg- islative policy on a subject under the juris- which are inholdings, plots of land within the appropriated funds is far worse than the prob- diction of the Committee on Resources. reservation which were sold out of trust dec- lem. The issue of whether any additional statu- ades ago pursuant to the 1887 General Allot- I understand that a few Indian businesses tory conditions should be placed on transfers ment Act. In many instances these plots con- are selling diesel fuel and tobacco and a few of land into trust for Indian tribes deserves tain homes occupied by tribal members who other types of merchandise without collecting E1436 CONGRESSIONAL RECORD — Extensions of Remarks July 16, 1997 State and local sales and excise taxes. I can Parker was a strong advocate for voting rights RECOGNIZING THE RETIREMENT appreciate how this gives a competitive ad- and worked vigorously for passage of the OF SISTER FRANCINE NOLAN vantage to a handful of Indian businesses. I Motor Voter Act. His tireless fight for justice will support a bill which will cure this problem and equality is one of the defining principles of HON. RON KLINK to the satisfaction of all of the interested par- his life. OF PENNSYLVANIA ties. Mr. Parker was a MacArthur Foundation IN THE HOUSE OF REPRESENTATIVES But, the vast preponderance of land being Distinguished Scholar at the Joint Center for Wednesday, July 16, 1997 taken into trust by the Secretary of the Interior Political Studies in Washington, DC, in 1985 has nothing whatsoever to do with tax advan- and 1986 and spent the year doing research Mr. KLINK. Mr. Speaker, I rise today to con- tages. Most parcels of land being taken into for ``Black Votes Count.'' The book was hon- gratulate Sister Francine Nolan on her retire- trust are small tracts consisting of an acre or ored by the American Political Science Asso- ment after 48 years of service to the Diocese two which lie within an existing Indian reserva- ciation, the Mississippi Historical Society, and of Pittsburgh and Greensburg, PA. tion, non-trust land scattered like a checker- the Gustavus Myers Center for the Study of Sister Francine graduated from St. Xavier in board between trust lands. Economically fenc- Human Rights in the United States. 1948 and has been touching people's lives ing, accessing, monitoring, and developing ever since. Having been raised in Pittsburgh's these checker boarded lands is extremely ex- In 1992 and 1993, Mr. Parker returned to St. Paul Orphanage, Sister Francine devoted pensive, almost impossible. the Joint Center for Political Studies and did her life to giving back to the diocese and to The Interior Department spends millions research for a book supporting affirmative ac- teaching God's children. Since 1949, she has upon millions trying to block up these lands tion. Mr. Parker taught at the District of Co- taught at various area schools. and put them into useful production. But be- lumbia School of Law from 1992 to 1995. He Throughout her career Sister Francine has cause of the 1887 General Allotment Act taught law at American University for a year been recognized for her achievements. In which allowed Indian lands to be sold and before leaving to take a position as a visiting 1975 Sister Francine was recognized as the thereby taken out of trust, the Department has professor of constitutional law at Washington National Teacher of the Year and in 1976 she to take these lands back into trust. and Lee University in Lexington, VA. was named the Pennsylvania Teacher of the The effect of the Istook amendment would Mr. Parker leaves a proud legacy as a hus- Year. The people of western Pennsylvania are be catastrophic for any Indian tribe which is band, father, brother, mentor, civil rights lead- truly blessed to have had sister Francine as a trying to have even the smallest plot of land er, community activist, and great American. part of their education community. taken back into trust. Mr. Speaker, I ask you to join me in saluting Sister Francine Nolan epitomizes the spirit This spending limitation is aimed at solving the late attorney Frank Parker for his out- of sharing and caring that makes our Nation a commercial problem which many of the standing contributions to this Nation. great. Her legacy of teaching children will live States have already solved. Even Oklahoma on through those who have had the oppor- has worked out most of its problems with f tunity to work and learn with her. The French these tax havens owned by an Indian tribe. satirist Voltaire said that ``We must cultivate However, this limitation on appropriated INTRODUCTION OF THE CHILD our garden.'' Sister Francine, you have cul- funds ignores all of these solutions. Instead, ABUSE NOTIFICATION ACT tivated your garden and now it is time to sit this language would completely eliminate the back and enjoy the fruits of your labor. Secretary of the Interior's ability to take any So my fellow colleagues, it is with great land into trust, in any State. HON. BOB FRANKS pleasure that I urge you to join me in com- Mr. Chairman, this amendment is not only OF NEW JERSEY mending Sister Francine for her achievements. unnecessary but also wrong. The Indians of She has touched the lives of all who have this Nation suffer the highest unemployment IN THE HOUSE OF REPRESENTATIVES known her and has demonstrated a commit- anywhere. Health care, child care, economic Wednesday, July 16, 1997 ment to service that the Diocese of Pittsburgh opportunity, and just about any other social and Greensburg, as well as the entire fourth service available to the average American is Mr. FRANKS of New Jersey. Mr. Speaker, congressional district, can be proud of. barely available on a marginal basis to Native today I rise to introduce the Child Abuse Noti- f Americans. fication Act of 1997. Children are solicited by What we do not need is this strangle hold pedophiles on the Internet everyday, and child IN REMEMBRANCE OF THE VIC- on the Secretary of the Interior. pornography rings are doing a thriving busi- TIMS OF THE ‘‘13TH OF MARCH’’ I urge my colleagues to oppose the Istook ness peddling their filth over the Internet. TUGBOAT MASSACRE amendment. These actions are crimes. However, few per- f petrators are apprehended because law en- HON. ILEANA ROS-LEHTINEN forcement can't effectively police the Internet, OF FLORIDA TRIBUTE TO FRANK PARKER and Internet crimes are frequently not re- IN THE HOUSE OF REPRESENTATIVES ported. Wednesday, July 16, 1997 HON. BENNIE G. THOMPSON Federal law requires photo developers, doc- OF MISSISSIPPI tors, teachers, and therapists to report inci- Ms. ROS-LEHTINEN. Mr. Speaker, we re- IN THE HOUSE OF REPRESENTATIVES dents of suspected child abuse to law enforce- cently marked the third anniversary of one of the many heinous crimes committed by the Wednesday, July 16, 1997 ment. However, Internet service providers [ISP's] are not currently held to that same Castro regime against the enslaved people of Mr. THOMPSON. Mr. Speaker, I rise today standard. As a result, ISP's often respond to Cuba. to honor the late Mr. Frank Parker who died complaints of criminal activity against children It was on July 13, 1994, that a group of 72 on Thursday, July 10, 1997. He was born in by simply removing the offender from their Cuban refugees boarded the ``13th of March'' Mount Pleasant, PA. He graduated from system. Perpetrators are free to move to a tugboat in an effort to find freedom in the Oberlin College in 1962 and then spent 2 new system or re-register under a new name. shores of the United States. But shortly there- years at University College, Oxford University, Either way, children are no safer. after their vessel was ambushed and savagely England. In 1966, he received his juris doctor- attacked by Cuban gunboats while still in ate degree from Harvard Law School. That's why I hope you will join me as a co- Cuban waters. After law school, he began his distinguished sponsor of the Child Abuse Notification Act. Survivors tell the tale of how Cuban authori- career in the Office of the General Counsel of This bill would add Internet service providers ties mercilessly fired water cannons at the lib- the U.S. Civil Rights Commission. He wrote to the categories of professionals who must erty seeking refugees, while at the same time the commission's report, ``Political Participa- report suspected child abuse to law enforce- ramming the tugboat in an effort to destroy it. tion'' in 1968. ment. This simple and effective legislation will Women and children screamed for pityÐfor Mr. Speaker, I first met this giant of a man help make the Internet safer for our children. mercyÐbut their cries for help went unan- in 1968 while he was a lawyer in the Mis- I hope my colleagues will join me by co- swered. sissippi office of the Lawyers' Committee for sponsoring this important legislation. We must As the boat sank, refugees scrambled for Civil Rights Under Law. He served coura- not allow a small band of criminals take the their lives in the deep, warm ocean of the Car- geously in the protection of civil rights of black opportunities provided by the Internet away ibbean, but it was all in vain for the Cuban Mississippians in this office for 13 years. Mr. from our children. gunboats circled the sinking ships creating a July 16, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1437 whirlpool that literally sucked the life of the ref- Providing opportunity: Government also enlightened public policies. Whether we like ugees. Among the dead were 2-year-old Sixdy helps provide equality of opportunity. Over it or not, government will play a significant Rodriguez, 3-year-old Angel Rene Abreu, and the years it has stepped in through civil role in our lives. We have to work harder at rights laws, free public education, progres- making that government work better and dozens of other women and children. The sive taxation, and transfer programs to mod- cost less. death toll is estimated at 42, but we will never erate some of the inequality in our market- f know the exact number. based economy. This is the brutality that the Cuban people Most of us recognize that the notable TRIBUTE TO THE LIFE AND have faced daily for the past 38 years and it achievements of our nation occur where indi- ACHIEVEMENTS OF COMMIS- is why this Congress and this Government vidual talent and creativity blossom. Often SIONER CHARLES H. ‘‘CHUCK’’ must continue to do all it can to help the that happens without government, but some- SHOUDY Cuban people in their struggle to achieve free- times government is important in ensuring dom. that individuals receive the opportunity and the backing they need to get ahead if they f work hard. HON. MICHAEL R. McNULTY OF NEW YORK THE ROLE OF GOVERNMENT Reflecting core values: Another role of government is to reflect important values. IN THE HOUSE OF REPRESENTATIVES Government steps to prohibit child labor, Wednesday, July 16, 1997 HON. LEE H. HAMILTON preserve endangered species, or help keep OF INDIANA older Americans out of poverty give expres- Mr. McNULTY. Mr. Speaker, the life and IN THE HOUSE OF REPRESENTATIVES sion to important social values. achievements of the Honorable Charles H. Often people judge government policies Wednesday, July 16, 1997 ``Chuck'' Shoudy, Commissioner of the Albany less in economic terms than in moral terms Department of Human Resources, were an in- Mr. HAMILTON. Mr. Speaker, I would like to of right and wrong. For example, they sup- spiration to many. It is with great sadness that insert my Washington Report for Wednesday, port Head Start, not because of its impact on I inform the House that Chuck Shoudy died in July 16, 1997, into the CONGRESSIONAL the economy but simply because it is right to give a child a chance to get an education. a car accident on June 30, 1997. He was 50 RECORD. They talk about protecting the environment years old. THE ROLE OF GOVERNMENT as a way of preserving certain values for fu- With Chuck's death, the City of Albany, NY, The key question in American democracy ture generations, and urge campaign finance lost a much loved and valued public servantÐ has always been the proper role of govern- reform to remove corruption from the sys- and I lost a good friend. His life was motivated ment: what it can do, what it should do. tem. by a tireless and creative commitment to help- Some people believe that government should Curbing excesses of market: Government is solve problems and protect people. Others also needed to curb excesses of the market. ing economically disadvantaged individuals think that government should stay out of Government doesn’t replace the market but help themselves. people’s lives. Still others believe it should it can on occasion usefully complement it. Chuck Shoudy was named director of the help people equip themselves to solve their The market clearly was not working well in Albany County Neighborhood Youth Corps in own problems. the Great Depression, and the government July 1971Ða program he helped to develop. President Reagan said that government is stepped in to promote maximum employ- In 1974, he was appointed director of the city the problem. President Clinton has said that ment and purchasing power. of Albany's Department of Human Resources, government is neither the problem nor the We should rely on private sector markets solution but the instrument by which we but we should also be aware of market im- holding such positions as deputy commis- give each other the tools to make the most perfections. Left to themselves markets can sioner and executive deputy commissioner be- of our own lives. Throughout our history produce too little of some goods like sci- fore becoming commissioner of the depart- we’ve been trying to find the right balance entific research and too much of other goods ment in July 1990. between what the state does and what is best like pollution. They can leave behind large Born in Albany, he knew every nook and left to the individual or the private market. parts of society, particularly in the inner cranny of the city but, above all, he knew the Changing attitudes: There has been a cities or in remote areas. peopleÐthe young and the elderlyÐand he major shift in attitude toward the role of Limited, efficient government: Although government in recent decades. In the early government plays several important roles, was devoted to them. He reached out to the 1960s many were brimming with optimism most Americans also recognize its weak- jobless and sought to help them by providing over the potential of federal programs to nesses. They clearly favor a limited, more ef- them with education, skills training, and jobs. solve all kinds of problems: alleviating pov- ficient, less costly government. Chuck believed that everyoneÐgiven the erty, curbing racial discrimination, extend- Certainly there is a lot wrong with govern- opportunityÐwould choose to be a productive ing health insurance, and rebuilding Ameri- ment. It can be wasteful, make mistakes, citizen. Over the years, he enabled tens of ca’s cities. More recently the mood has shift- and be paralyzed by gridlock. It can fail to thousands of men and women to enter the deal successfully with issues of great impor- ed toward pessimism about what government workforce. At the time of his death, he was can achieve that is worthwhile. Many believe tance to the American people. Problems of that government creates more problems than cooperation can crop up repeatedly among administering and coordinating 10 programs, it solves, and some people today loathe or the various levels of government. Yet we including On-the-Job Training, Albany Service even fear the government. As is often the have a very difficult time shifting through Corps, Services for Dislocated Workers, an case, the truth is probably somewhere be- the many activities of government and dis- older worker programÐClub 55, Training for tween the gloom and the euphoria about gov- carding programs that are no longer needed Trades, and a youth internship program. ernment’s role. or are ineffective. Once established, govern- He was a devoted father to his children, Skepticism toward government has always ment programs tend to keep going, protected Elizabeth and DanielÐand a devoted brother been a healthy strain in American thinking. by affected constituents, lobbies, and con- The Constitution with its emphasis on meas- gressional committees. Many people will tell to his only sister, Linda C. Martin. ures to check official power reflects that you that the functions of government must Chuck Shoudy made a difference, and he view. But overall, most Americans probably be kept to a bare minimum but then casually will be sorely missed. recognize that government has several im- accept the benefits of many government pro- f portant roles. grams, such as driving on a federally built Meeting important needs: One role of gov- highway. However difficult, we must con- SALUTE TO CORNELIUS ‘‘NEAL’’ ernment is meeting important needs. Polls tinue our efforts to streamline government. GREEN, JR. show that programs like Medicare and Social Conclusion: The character, initiative, and Security, which have greatly improved the resourcefulness of the American people are lot of older Americans, remain very popular. still key to the nation’s success. But so are HON. BENNIE G. THOMPSON There is also widespread support for a strong various government activities like good edu- OF MISSISSIPPI national defense, public education, law en- cation, basic research, and infrastructure. IN THE HOUSE OF REPRESENTATIVES forcement, environmental protection, and Good policy choices by the government, the immigration control. skill with which legislation is crafted and Wednesday, July 16, 1997 America is an individual-centered society, implemented, and the effectiveness of gov- Mr. THOMPSON. Mr. Speaker, I rise today but when violence spreads and prisons ex- ernment can make a big difference and can to pay tribute to the late Mr. Cornelius ``Neal'' plode with new inmates, when social divi- help restore confidence in our national insti- Green, Jr. On April 21, 1997, Mr. Green de- sions widen between society’s have’s and tutions. have not’s, when the schools lag behind Government may be part of the problem parted this life at the age of 49 due to an ex- those in other countries, then part of the for the United States, but it is also part of tended illness. way to cope with these problems more effec- the solution. I don’t see any way out of many He attended Jackson public schools and tively is to have government action. of the difficulties that confront us without graduated from Jim Hill High School. After E1438 CONGRESSIONAL RECORD — Extensions of Remarks July 16, 1997 high school he enlisted in the U.S. Army and injury resulting from violations of the New York Maintaining a homestead and the traditions served 3 years of active duty and he remained Convention by foreign states by creating a civil that become attached to it, throughout the active in the Army Reserve until January remedy against the foreign state in U.S. courts generations, through political upheavals and 1990. His last duty assignment was with the and providing for enforcement of any resulting monumental changes in the world and in soci- 185th Aviation Battalion where he was the judgments against certain assets of the foreign ety should be admired by all. The value of the communications section leader and attained state in the United States. family, both present and past, is at the core of the rank of sergeant first class. The case of the Ross Manufacturing Corp. this establishment, and is an example to us After his 3 years of active duty, he returned of Florida illustrates the need for the remedy all. to Jackson and enrolled in Jackson State Uni- provided for in this bill. In July 1993, The descendants of Richard Sawyer are versity where he received a bachelor of arts in Revpower Limited, owned by Ross Manufac- celebrating this anniversary on the weekend of political science and masters of science in turing Corp.Ðf/k/a Ross Engineering Corp.Ð August 2, 1997 at Sawyer Farm, where so counseling. Cornelius was an active member obtained a unanimous arbitral award in the many generations were born and raised. On of Phi Beta Sigma Fraternity, Inc. Cornelius amount of US$4.49 million against its Chinese this auspicious occasion, I would especially began a career with the Travelers Insurance State-owned trading partner, the Shanghai Far like to mention Ethel Sawyer Martin, who will Co. as a financial services sales representa- East Aero-Technology Import and Export reach the age of 99 on November 11, 1997, tive and continued his career as a marketing Corp.ÐSFAIC. With interest the award now and is the oldest living Sawyer family member. associate, agency supervisor, production su- totals almost $9 million. Since that time, My heartfelt congratulations go to her, and pervisor and senior account analyst. He had Revpower has been trying to enforce its award may she have many more happy years on the an outstanding career and received many through the Chinese court system with essen- Sawyer Homestead and Farm. awards for his job. tially no success. Indeed it was only after en- Mr. Speaker, in joining the celebration on Mr. Green's memory will be forever cher- listing the interest and support of the United this important occasion, I invite our colleagues ished by his devoted and loving wife of 24 States State and Commerce Departments and to join with me in extending greetings and years, Tomie Zean Turner Green; two chil- numerous Members in both Houses of Con- congratulations, and the best of luck for the dren: Nikisha and Synarus, and a host of rel- gress that the Chinese court even accepted next 250 years. atives. Mr. Speaker will you join me today in Revpower's enforcement action for filing. A re- honoring late Mr. Cornelius ``Neal'' Green, Jr. view of Revpower's 4-year effort to enforce its f f award makes it abundantly clear that the Chi- nese Government has, by failing to provide a TRIBUTE TO A FALLEN HERO THE INTERNATIONAL ARBITRA- viable enforcement mechanism in accord with TION ENFORCEMENT ACT OF 1997 its obligations under the New York Conven- HON. BOB ETHERIDGE tion, effectively blocked and delayed OF NORTH CAROLINA HON. BILL McCOLLUM Revpower's enforcement efforts and rendered IN THE HOUSE OF REPRESENTATIVES OF FLORIDA its arbitral award worthless for all practical pur- Wednesday, July 16, 1997 IN THE HOUSE OF REPRESENTATIVES poses. By its actions in this dispute, China has sig- Mr. ETHERIDGE. Mr. Speaker, I rise to pay Wednesday, July 16, 1997 naled that it is no longer bound by the terms tribute to Det. Paul Hale of the Raleigh Police Mr. McCOLLUM. Mr. Speaker, last week I of the New York Convention and, con- Department who was killed in the line of duty introduced the International Arbitration En- sequently, Revpower and Ross Manufacturing last Friday. Detective Hale is survived by his forcement Act of 1997, H.R. 2141, a bill de- are without any remedy to redress their eco- wife, Connie, and their daughters, Jessica signed to protect the investments of U.S. citi- nomic injuries. This bill would provide that Anne, age 10, and Stephanie Lynn, age 7. zens overseas. It will provide a civil remedy in remedy to Ross Manufacturing and all citizens Mr. Speaker, I did not know Detective Hale U.S. courts for damages suffered from a viola- and corporations of the United States who en- personally, but I know well of his work and tion of the New York Convention on the Rec- counter foreign nations unwilling to live up to that of his brother police officers. Law enforce- ognition and Enforcement of Foreign Arbitral their obligations under the New York Conven- ment officers in North Carolina serve day-in Awards by a foreign state. tion. and day-out on the frontlines in the battle to The New York Convention is a multilateral Mr. Speaker, I invite my colleagues to join secure safe streets and communities. As this international treaty drafted in New York in me in supporting this bill and, in so doing, un- tragic event illustrates, too often this battle is 1958. The United States joined the convention derscore the importance of the rule of law and waged against long odds. in 1970. Binding arbitration clauses are fre- respect for international treaty obligations. Paul Hale excelled at his dangerous, often quently used in international business con- f thankless, job. His 7 years of exemplary serv- ice won him a promotion just last week to the tracts, providing a prompt and relatively inex- THE 250TH ANNIVERSARY OF SAW- esteemed rank of police detective. Recognized pensive dispute resolution mechanism. Sig- YER FARM IN ORANGE COUNTY, for his skills in pursuing lawbreakers, Detec- natories to the convention commit themselves NY to enforcing awards of foreign arbitration pan- tive Hale was hot on the trail of a murder sus- els in their domestic courts. Failure to enforce pect when a 9-millimeter bullet to the head an award, unless based on one of the limited HON. BENJAMIN A. GILMAN snuffed out his young life. The perpetrator of defenses specified in the convention, in my OF NEW YORK this terrible crime is reported to be a teenager opinion, raises an obligation on the part of the IN THE HOUSE OF REPRESENTATIVES with a history of criminal activity. offending signatory to satisfy the debt at issue. Wednesday, July 16, 1997 Mr. Speaker, the tide of youth violence is Arbitration clauses such as those governed Mr. GILMAN. Mr. Speaker, I rise today in rising at a rapid rate. I have spent several by the convention are especially important in order to call to the attention of our colleagues days in recent months on patrol with North countries that do not have a tradition of adher- the 250 anniversary of the Sawyer Homestead Carolina's men and women of law enforce- ing to the rule of law as we know it. There, if and Farm, in Orange County, NY. It is my ment as they endeavor to thwart this growing a conflict arises triggering arbitration, a neutral unique pleasure to rise before the House threat. Although statistics tell us overall violent third-country forum enables resolution of the today and call upon my colleagues to join with crime is down some 5 percent nationwide, dispute free from the biases of local courts me in congratulating the Sawyer family in youth violence has risen by 6 percent in my and the vagaries of an unresponsive judiciary. maintaining a heritage which extends back so home State. The usefulness of this mechanism depends, many generations. We must adopt a tough and smart new ap- however, on the commitment of signatories to It was on the fourteenth day of September, proach to stem this rising tide of youth vio- the convention to provide a process through 1747, that an indenture was made, allowing lence. Law enforcement is struggling hard to their courts when the prevailing party returns Richard Sawyer to acquire the initial properties do the job, but they cannot do it alone. They to enforce and collect. When a signatory fails at Maple Avenue, on which the Sawyer Home- need and deserve our help and support. to provide such a process or otherwise impairs stead and Farm rest to this very day. This Mr. Speaker, last week, Paul Hale made the the ability of parties to collect on foreign homestead is one of the oldest in the state, ultimate sacrifice to serve and protect the peo- awards, U.S. citizens often find themselves still retained by the original family. This is ple of North Carolina. I call on this Congress without any remedy notwithstanding an award made all the more unique due to the fact that to take aggressive action to crack down on in hand obtained through process measure of it has never in its 250 year history gone out violent criminals and demonstrate that this protection to U.S. citizens against economic of the original surname. North Carolina hero did not die in vain. July 16, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1439 CHANGE IN CHINA WILL COME need to be sensitive to such issues as sov- TRIBUTE TO BORINQUEN PLAZA THROUGH ENGAGEMENT ereignty and national pride in making our SENIOR CENTER case, and to China’s long-held suspicion that we are embarked on a new form of colonial ´ HON. DOUG BEREUTER dominance called American hegemony. HON. NYDIA M. VELAZQUEZ OF NEBRASKA It would be useful if we sometimes tried to OF NEW YORK IN THE HOUSE OF REPRESENTATIVES step back and see ourselves from other peo- IN THE HOUSE OF REPRESENTATIVES Wednesday, July 16, 1997 ple’s eyes. China’s leaders may ask how we Wednesday, July 16, 1997 would like it if they questioned our civil Mr. BEREUTER. Mr. Speaker, this body has rights record, or the plight of our poor in the Ms. VELAÂ ZQUEZ. Mr. Speaker, I rise today once again completed its annual debate over midst of vast wealth, in the court of world to pay tribute to the Borinquen Plaza Senior retention of MFN, or normal trade status, to opinion. Center as it celebrates 20 years of existence. China. While the actual fate of MFN was While we should continue to speak up for The organization is located in New York City never truly in doubt, during the week or two the rights of other peoples, including those in the community of Williamsburg, Brooklyn. before the debate, that debate was marked by in Hong Kong, we will have more influence if Throughout the years, the Center has been a a wide array of accusations and charges. In we simply maintain an open relationship vital resource and has provided a safe haven with China in which there is a free flow of the aftermath of this debate, it is understand- people and goods. for one of our communities most precious as- able that there is some confusion as to the setsÐour senior citizens. In the long run, congressional approval of precise nature of our vital interests in China, President Clinton’s renewal of normal trad- The Borinquen Plaza Senior Center officially and how best to pursue those interests. ing relationships with China will do more to opened in 1977. However, before it was an This Member believes that linkage of trade positively influence the lives of Chinese citi- established organization, it was first an idea to human rights does not advance United zens than any of our lectures. born out of the hearts and minds of men and States vital interests, nor does it promote de- It is difficult to keep societies open and re- women of various cultures and nationalities. mocracy in China. As an excellent editorial in gressive at the same time. Through their tireless efforts and willingness to the Lincoln Journal Star recently noted, ``there And economic freedom begets broader per- dream big, thus was born an organization is a fine line between making our views known sonal and political freedoms. whose ultimate mission is to care for the el- to China and trying to, or even thinking we ders of our communities. Elders are the wise can, impose our will. * * * While we should f individuals who we also know as our parents continue to speak up for the rights of other and grandparents. peoples, including those in Hong Kong, we will LET’S NOT REOPEN THE On any given day over 300 seniors pass have more influence if we simply maintain an IMMIGRATION REFORM BILL through the doors of the Borinquen Plaza Sen- open relationship with China in which there is ior Center, receiving services ranging from a free flow of people and goods.'' breakfast and lunch to assistance in obtaining Mr. Speaker, this Member commends to his HON. RON PACKARD entitlement benefits. An additional 200 home- colleagues the July 2, 1997 editorial entitled OF CALIFORNIA bound seniors receive meals delivered directly ``Best way to influence China through open re- IN THE HOUSE OF REPRESENTATIVES to their doorsteps as part of the Center's lations, trade'' in the Lincoln Journal Star and Meals-on-Wheels Program. Furthermore, the asks that it be submitted as part of the Wednesday, July 16, 1997 Center is one of the few programs that opens RECORD. Mr. PACKARD. Mr. Speaker, I am outraged its doors on Thanksgiving and Christmas day [From the Lincoln Journal Star, July 2, 1997] by the recent actions taken by Attorney Gen- to provide meals to seniors. BEST WAY TO INFLUENCE CHINA THROUGH eral Janet Reno. Friday morning, I read that As we move forward into the next century, OPEN RELATIONS, TRADE she unilaterally decided to suspend deporta- I am confident that the Borinquen Plaza Sen- The spectacle that unfolded in Hong Kong tion proceedings for hundreds of thousands of ior Center will continue its outstanding work. this week has provided a good opportunity illegal immigrants. This decision to disregard The Center is a shining example of community for Americans to focus attention on China. the ruling by the Board of Immigration Appeals service at its best and it will always have a The more we know about the world’s most and attempt to overturn current law through friend and advocate in NYDIA M. VELAÂZQUEZ. populous nation, the better we will under- administrative action is simply unacceptable. In light of the above, Mr. Speaker, I ask my stand it. Last year, we took strong and decisive ac- colleagues in Congress to join me in congratu- And that’s imperative as China develops lating the Borinquen Plaza Senior Center on into a world-class economic power. tion to curtail illegal immigration. Our immigra- In the sweep of history, the return of Hong tion reform measure specifically raised the bar its 20th year anniversary. Kong from British to Chinese rule is a wel- for those facing deportation because previous f come event. Hong Kong belongs to China. It law enabled millions of illegal immigrants to is Chinese. The passing of the racist-tinged SUPPORT THE LIBERTAD remain in the United States permanently. It ENFORCEMENT ACT relic of Western colonialism should be a was an action taken to ensure that only those cause for celebration, not mourning. The legitimate concerns surrounding this illegal immigrants who truly face an excep- HON. BILL McCOLLUM week’s historic transfer of power center on tional and extremely unusual hardship to an OF FLORIDA protection of Hong Kong’s economic and po- immediate relative remain in this country. IN THE HOUSE OF REPRESENTATIVES litical freedoms. While the former seem rel- Now that we have shut the door on illegal atively secure, the latter may turn out to be immigration, the Clinton administration wants Wednesday, July 16, 1997 not quite as broad as they once were, cer- to reopen it. We have seen through the great tainly not as unfettered as we would want Mr. MCCOLLUM. Mr. Speaker, today the them to be. We will have to wait and see. failure of the Citizenship USA Program that President served notice that he will waive key While we can, and ought to, monitor this administration will do whatever it takes to provisions of the LIBERTAD Act, otherwise events as they progress in Hong Kong, we allow illegal immigrants to remain in the United known as Helms-Burton. This legislation had should recognize that the economic forces al- States. This most recent action is just another three significant provisions. First, it codified all ready unleashed in China are likely to carry attempt at granting asylum for illegal immi- existing Cuban embargo Executive orders and it along the path to broader personal free- grants. Illegal immigration is a growing prob- regulations. It denies admission to the United dom. And we need to understand that, try as lem and every illegal immigrant should be States to aliens involved in the confiscation of we might, we cannot dictate the pace of treated the same under current law. change. United States property or the trafficking of It is fair to expect China to abide by the Mr. Speaker, I have begun circling a letter confiscated property in Cuba. Finally, title III of agreement it negotiated with the British in to send to Attorney General Reno opposing the act allows United States nationals to sue which it promised to abide by a ‘‘one coun- her actions to suspend the deportation pro- for money damages in U.S. Federal court try, two systems’’ formula that guaranteed a ceedings for illegal immigrants. The law is those persons that traffic in United States level of autonomy for Hong Kong that would quite clear on this issue and everyone should property confiscated in Cuba when Castro protect its market economy and democratic be held to the standard that Congress set in took over. Essentially, Congress intended to freedoms. China should be held accountable for keeping its word. last year's immigration reform bill. Illegal immi- let U.S. corporations and individuals who own But there is a fine line between making gration is an enormous problem that affects property confiscated by Fidel Castro to re- our views known to China and trying to, or every state in the nation. I encourage all of my cover the unjust enrichment from corporations even thinking we can, impose our will. We colleagues to sign on to this important letter. of other countries who have been managing E1440 CONGRESSIONAL RECORD — Extensions of Remarks July 16, 1997 and making a profit on these properties. The fected, maybe then our allies would do the Dhaliwal and the University of Wisconsin-Mil- President was given the authority to waive this right thing in Cuba and end their trafficking in waukee on the establishment of the Kartar last provision in exceptional circumstances if it stolen property while working more effectively Singh Dhaliwal Professorship. would expedite the transition to democracy in toward democracy. f Cuba and if it were in the national interest of Mr. Speaker, I would like to stress that that the United States. is all we are talking about here. This is not DEPARTMENT OF THE INTERIOR Unfortunately, the President has somehow whether people trade with Cuba. That is an- AND RELATED AGENCIES APPRO- come to the ridiculous conclusion that waiving other topic for another day. This is only about PRIATIONS ACT, 1998 the provision allowing suits to be filed has ex- dealing in stolen U.S. propertyÐotherwise SPEECH OF pedited the transition to democracy. As far as known as unjust enrichment. It is our obliga- I can tell, there are absolutely no signs of de- tion to ensure that property rights of U.S. citi- HON. MARGE ROUKEMA mocracy in Cuba. There is, in fact, no transi- zens is protected. I realize that this is not a OF NEW JERSEY tion to expedite. Furthermore, U.S. nationals situation unique to Cuba. There are other IN THE HOUSE OF REPRESENTATIVES continue to suffer the loss of their property, countries around the world that share similar Tuesday, July 15, 1997 now being used for profit by Castro and busi- problems which also need to be addressed. nesses of our trading allies. Apparently the The House in Committee of the Whole We should work for a multilateral agreement House on the State of the Union had under President believes this is in our national inter- recognizing unjust enrichment rights of owners consideration the bill, H.R. 2107, making ap- estÐhelping our European allies, Canada and of confiscated property. However, Cuba's nat- propriations for the Department of the Inte- Mexico profit at the expense of United States ural relationship (geography, culture, etc.) to rior and related agencies for the fiscal year nationals. This is outrageous. the United States is unique. Therefore, we ending September 30, 1998, and for other pur- Mr. Speaker, as a result of this continued must take unparalleled steps against this prac- poses:**SHD***STERLING FOR- charade by the President, I am introducing tice now. That is what Helms-Burton was all EST legislation that will allow Helms-Burton to go about. Mrs. ROUKEMA. Mr. Chairman, this is a into full effect despite the President's contin- Helms-Burton was designed to make tough proud day for the people of New Jersey and ued caving to pressure from our allies. Our action a reality. For whatever reason, the New York, and I want to thank Chairman REG- colleagues, Mr. BURTON, Mr. GOSS, Mr. GIL- President has continued to kowtow to Euro- ULA for his diligence in seeing that the pur- MAN, Mr. DIAZ-BALART, Mrs. ROS-LEHTINEN Mr. pean pressure and eviscerate the legislation chase of Sterling Forest becomes a reality. SOLOMON, Mr. LIVINGSTON, Mr. COX, and Mr. by waiving title III for patently phony reasons. The $8.5 million included in this legislation will BALLENGER, are also joining in this effort. The This outrageous practice must stop. I urge my ensure that northern New Jersey's drinking bill is the LIBERTAD Enforcement Act, which colleagues to support the LIBERTAD Enforce- water will remain clean and safe. would repeal the waiver authority granted to ment Act. For years, I have worked with Chairman the President in the original Helms-Burton leg- f REGULA to secure the appropriate funding lev- islation. It is clear that the President has els for Sterling Forest. Last year the chairman abused his authority, waiving critical provisions A RECOGITION OF THE ESTAB- was instrumental in seeing that language was of Helms-Burton without making even a re- LISHMENT OF THE KARTAR included in the Interior appropriations bill motely convincing case that it is expediting de- SINGH DHALIWAL PROFESSOR- which ranked Sterling Forest as one of the na- mocracy in Cuba or that it is in our national in- SHIP OF PUNJAB/INDIAN STUD- tion's top two priorities for land acquisition and terest. Therefore, the authority should be re- IES he recommended that Sterling Forest receive pealed. $9 million as downpayment on the Federal Let me explain why the repeal of the waiver HON. THOMAS M. BARRETT Government's $17.5 million share of the pur- authority is so important. Cuba has been OF WISCONSIN chase price. under a dictatorship for about 38 years now. IN THE HOUSE OF REPRESENTATIVES Without this final $8.5 million Federal install- Castro's dictatorship makes a mockery of ment of funds, the entire $55 million project human rights and it is an absolute disgrace Wednesday, July 16, 1997 would be at risk. With the passage of this bill that we allow this to happen 90 miles from my Mr. BARRETT of Wisconsin. Mr. Speaker, today, we are one step closer to celebrating home State of Florida. We need to end this today I would like to recognize the establish- the completion of this landmark project. situation, and we should have done so long ment of the Kartar Singh Dhaliwal Professor- WALLKILL RIVER NATIONAL WILDLIFE REFUGE ago. The biggest problem facing us is no mys- ship of Punjab/Indian Studies at the University I am also most grateful that the chairman in- tery at all. It is our allies in Europe, Canada, of Wisconsin-Milwaukee. This professorship, cluded $1.3 million for the Wallkill River Na- and Mexico who sustain Castro's regime provided through a generous gift from tional Wildlife Refuge. Wallkill is one of the through continued economic activity. These Darshan Singh Dhaliwal to honor his father, most fertile valleys and natural wildlife areas in accomplices have continued to argue that their will promote the study of the civilization of New Jersey. The environmental education op- involvement was used as leverage against Punjab and India. portunities provided at the Wallkill Refuge as Castro and his tyrannical regime to improve The professorship will focus on the study of well as the important resources protected human rights and promote democracy in the culture, religion, history, and civilization of there are certainly a worthwhile investment Cuba. To date, these efforts have had zero this fascinating region. This professorship will that will have lasting impacts for generations success. In fact, the economic relationships of allow American students to learn about an to come. their businesses have not only profited these area that has existed since the beginning of However, while I am grateful for the $1.3 in- foreign corporations at the expense of Amer- civilization and whose constant development cluded in this bill, I had requested $3 million ican owners of Cuba property, but also hurt ef- makes it one of the most exciting and innova- for the project this year. That $3 million is forts to end Castro's dictatorship. The contin- tive parts of the world. The University of Wis- needed this year to complete the acquisition of ued flow of hard currency into the island has consin-Milwaukee will appoint a professor critical wildlife habitat lands along the river. I helped Castro maintain an otherwise difficult whose teaching will include Indian languages want to stress that these lands are currently situation. The threat of Helms-Burton enforce- and courses in Sikh and Indian civilization. In available and ready for purchase from willing ment has at least forced some lip service from addition, there will be collaborative research sellers. For this reason, I will continue to push our allies about human rights and democracy projects undertaken with universities in Pun- for additional money to complete the acquisi- in Cuba. Unfortunately, the President has re- jab, an exchange of faculty and students with tion. ceived little more from them than that as he these universities and a biannual conference Earlier this year, I joined several other mem- continues to bow to our allies' pressures to on Sikhs, Punjab, and its culture. bers in sending a letter to Appropriations waive the right to file lawsuits against those As the world we live in becomes more multi- Committee Chairman LIVINGSTON urging him to who traffic in confiscated property. cultural and our communities become truly increase the Interior Subcommittee's spending It is these lawsuits that would curtail some, international, the gift of this professionship will allocation for fiscal year 1998. After several certainly not all, of the trade activity in Cuba. ensure that this generation and future genera- years of continuous reductions for the sub- The cost and potential penalties involved in tions will learn about and appreciate the rich committee charged with ensuring adequate these suits would make dealing in stolen history and culture of Punjab and India. Mil- protection of our natural resources, I was goods less appealing. It is this hit in the purse waukee, and indeed, all communities can only pleased that our effort was successful and that that will force our allies to confront the reality benefit from this endeavor. Therefore, I com- the subcommittee was given an additional of abuses in Cuba. If their bottom line is af- mend and congratulate Darshan Singh $500 million. In addition, I was pleased that July 16, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1441 the budget agreement included an additional beautiful Colorado. This is a program called dream to meet a specific person, he or she $700 million for the Land and Water Con- Dream Team, which endeavored about 5 might dictate a letter to one of the fifth and servation Fund. years ago, to give additional assistance to sixth graders, the fifth or sixth grader would I had hope that the committee would move children who needed a little extra help in read- modify what the little kid said. We would send the letter and if he or she had the time to incorporate the additional $700 million in ing. Since then, it has expanded into a com- they would come in and read us a story. One Land and Water Conservation funds provided prehensive mentoring program where the time astronaut Marty Fetman came in and for in the Balanced Budget Agreement so that older children get together every morning and told us about his experiences in the space it could be used for projects like Wallkill, Dela- help the younger children, not only in reading, program. ware Water Gap Recreation Area, and other but in math, and computer skills. This program One time Sarah Smith and I (we were the worthy projects in New Jersey. was designed at Travelli Elementary School in people in charge of Dream Team) wrote to Unfortunately, the committee chose not to Fort Collins, CO. The sixth graders run the Bea Romer, Governor Roy Romer’s wife. allocate that $700 million in their report. How- program with the help of Mr. Bill Patterson, a Mrs. Romer is very involved with literacy. ever, I will continue to push for allocation of physical education teacher, who saw a need Well, after we wrote her she responded and that $700 million as this appropriation's bill and decided to fill it. The program's success is said that she would like us to visit her at her continues through the process. due in large part to the extensive participation mansion in Denver. The entire Dream Team I am painfully aware of how difficult a job of the students enhancing their own learning got dressed up, got onto a bus and headed for Chairman REGULA and others on the Appro- and teaching themselves new skills. the Governor’s mansion. We met her, it was priations Committee have in this time of tight The Dream Team program teaches young so cool! I even have a napkin to prove it. She budgets. Please know that I am most grateful read us a story, and then she shared some children crucial lessons in leadership and cookies with us. Then her assistant showed for the moneys included in this bill for Sterling teamwork. Guest speakers come in each us around the mansion. Mrs. Romer re- Forest and Wallkill, and appreciate your con- week to discuss different topics which give the quested media there, but they didn’t show. tinued support of these important New Jersey students a glimpse at the working world. I After that we went to the capitol house, and projects. would like to take this opportunity to read a met with our state representatives. I don’t f letter by one of the students participating in think that the little kids really understood the program which will best explain the oppor- the experience but I really enjoyed it. TRIBUTE TO TAVELLI tunities presented by a program such as this. ELEMENTARY SCHOOL Mr. Speaker, this is an excellent example of MY EXCITING MOMENT BY AMBER GILMORE how we can utilize resources outside the nor- HON. BOB SCHAFFER My significant moment was when I was ten mal bounds and really reach children. This years old and in the fifth grade. I was attend- program is run by volunteers and the students OF COLORADO ing Travelli Elementary School. help to write grants to assist with the funding. IN THE HOUSE OF REPRESENTATIVES At Tavelli there was an organization in- Involving the children themselves, teaching volving several fifth and sixth graders com- Wednesday, July 16, 1997 them how to lead and use their own capabili- ing to Tavelli an hour before school starts, Mr. BOB SCHAFFER of Colorado. Mr. and assisting children who are in the Chap- ties is the best way to insure a good future for Speaker, I rise today to pay tribute to an ex- ter 1 program in grades first through fourth American's youth. Thank you Mr. Speaker for cellent program that takes place in one of the with their reading and their dreams. What allowing me to show this fine example of a schools of the 4th Congressional District in we means by dreams is, if a student has a program that really works. E1442 CONGRESSIONAL RECORD — Extensions of Remarks July 16, 1997 SENATE COMMITTEE MEETINGS tee’s special investigation on campaign 2:00 p.m. Title IV of Senate Resolution 4, financing. Judiciary SH–216 To resume hearings to review the FBI agreed to by the Senate on February 4, Judiciary crime laboratory. 1977, calls for establishment of a sys- To hold hearings to examine federal anti- SD–226 tem for a computerized schedule of all trust policy in the healthcare market- meetings and hearings of Senate com- place. JULY 24 mittees, subcommittees, joint commit- SD–226 tees, and committees of conference. Labor and Human Resources 10:00 a.m. This title requires all such committees To hold hearings to examine women’s Governmental Affairs To continue hearings to examine certain to notify the Office of the Senate Daily health issues. matters with regard to the commit- SD–430 Digest—designated by the Rules Com- tee’s special investigation on campaign mittee—of the time, place, and purpose 2:00 p.m. financing. of the meetings, when scheduled, and Judiciary SH–216 any cancellations or changes in the To hold hearings on pending judicial Labor and Human Resources meetings as they occur. nominations. To hold hearings on proposed legislation As an additional procedure along SD–226 authorizing funds for programs of the with the computerization of this infor- 2:30 p.m. Higher Education Act, focusing on title mation, the Office of the Senate Daily Appropriations IV. Digest will prepare this information for Business meeting, to mark up proposed SD–430 legislation making appropriations for printing in the Extensions of Remarks 2:00 p.m. the Department of the Interior and re- Energy and Natural Resources section of the CONGRESSIONAL RECORD lated agencies, and the Departments of National Parks, Historic Preservation, and on Monday and Wednesday of each Labor, Health and Human Services, Recreation Subcommittee week. and Education for the fiscal year end- To hold hearings to review the process by Meetings scheduled for Thursday, ing September 30, 1998. which the National Park Service deter- July 17, 1997, may be found in the Daily Room to be announced mines the suitability and feasibility of Digest of today’s RECORD. new areas to be added to the National Park System, and to examine the cri- MEETINGS SCHEDULED JULY 23 teria used to determine national sig- 9:00 a.m. nificance. SD–366 JULY 18 Agriculture, Nutrition, and Forestry To hold hearings on the nominations of Judiciary 10:00 a.m. Catherine E. Woteki, of the District of Antitrust, Business Rights, and Competi- Appropriations Columbia, to be Under Secretary of Ag- tion Subcommittee Interior Subcommittee To hold hearings to examine proposals on riculture for Food Safety, and Shirley Business meeting, to mark up proposed defense consolidation and its antitrust Robinson Watkins, of Arkansas, to be legislation making appropriations for implications. Under Secretary of Agriculture for the Department of the Interior and re- SD–226 lated agencies for the fiscal year end- Food, Nutrition, and Consumer Serv- Labor and Human Resources ing September 30, 1998. ices. Public Health and Safety Subcommittee SD–124 SR–332 To hold hearings on proposed legislation Veterans’ Affairs authorizing funds for the National In- To hold hearings on pending legislation. stitutes of Health, Department of JULY 21 SR–418 Health and Human Services. 10:00 a.m. 9:30 a.m. SD–430 Judiciary Energy and Natural Resources To hold hearings to review the FBI crime To hold hearings to examine natural gas laboratory. issues, focusing on the world energy JULY 28 SD–226 supply and demand to the year 2015, the 1:00 p.m. 2:30 p.m. role of government in large scale gas Special on Aging Governmental Affairs projects in foreign countries, and To hold hearings to examine the amount International Security, Proliferation and emerging technologies in gas field de- of fraud in the home health care sys- Federal Services Subcommittee velopment that are making natural gas tem and ways to identify and deter To hold hearings to examine the Depart- more economical to market. fraud, waste and abuse in health care. ment of Defense compliance review SD–366 SD–562 process to determine whether theater Labor and Human Resources 2:00 p.m. missile defense and systems comply Business meeting, to mark up S. 1020, Judiciary with treaty obligations. proposed Arts and Humanities Amend- Technology, Terrorism, and Government SD–342 ments of 1997, proposed National Information Subcommittee Science Foundation Authorization of To hold hearings to examine gambling on the Internet. JULY 22 1997, proposed Workforce Improvement Partnership Act, and to consider pend- SD–226 9:00 a.m. ing nominations. Energy and Natural Resources SD–430 To hold hearings to review the Depart- JULY 29 10:00 a.m. ment of the Interior’s handling of the 9:00 a.m. Appropriations Ward Valley land conveyance, S. 964, Agriculture, Nutrition, and Forestry District of Columbia Subcommittee proposed Ward Valley Land Transfer To hold hearings to examine the effect of Act, and related matters. To resume hearings on proposed budget the Federal Agriculture Improvement SD–366 estimates for fiscal year 1998 for the and Reform Act (P.L. 104-127) on price 9:30 a.m. government of the District of Colum- and income volatility, and the Agriculture, Nutrition, and Forestry bia, focusing on the Departments of properrole of the Federal government To hold hearings to examine certain Health, Human Services, and Public to manage volatility and protect the clean air issues with regard to agri- Works. integrity of agricultural markets. culture. SD–192 SR–332 SR–332 Governmental Affairs 9:30 a.m. 10:00 a.m. To continue hearings to examine certain Energy and Natural Resources Foreign Relations matters with regard to the commit- To hold hearings on S. 967, to amend the To hold hearings on the nomination of tee’s special investigation on campaign Alaska Native Claims Settlement Act Stanley O. Roth, of Virginia, to be As- financing. and the Alaska National Interest sistant Secretary of State for East SH–216 Lands Conservation Act to benefit Asian and Pacific Affairs. Judiciary Alaska natives and rural residents, and SD–419 To hold hearings on proposed legislation S. 1015, to provide for the exchange of Governmental Affairs to authorize funds for the Office of Na- lands within Admiralty Island National To resume hearings to examine certain tional Drug Control Policy. Monument. matters with regard to the commit- SD–226 SD–366 July 16, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1443 10:00 a.m. dian children and other related require- grams within the National Park Sys- Governmental Affairs ments; to be followed by an oversight tem. To resume hearings to examine certain hearing on the Bureau of Indian Affairs SD–366 matters with regard to the commit- Special Trustee’s strategic plan to re- tee’s special investigation on campaign form the management of Indian trust JULY 31 financing. funds. SH–216 SD–106 9:00 a.m. 2:30 p.m. 10:00 a.m. Agriculture, Nutrition, and Forestry Commerce, Science, and Transportation Governmental Affairs To hold hearings to examine how trade To hold hearings on S. 268, to regulate To resume hearings to examine certain opportunities and international agri- flights over national parks. cultural research can stimulate eco- matters with regard to the commit- SR–253 nomic growth in Africa, thereby en- tee’s special investigation on campaign hancing African food security and in- financing. creasing U.S. exports. JULY 30 SH–216 SR–332 9:30 a.m. 2:00 p.m. 10:00 a.m. Indian Affairs Energy and Natural Resources Governmental Affairs Business meeting, to mark up S. 569, to National Parks, Historic Preservation, and To continue hearings to examine certain amend the Indian Child Welfare Act of Recreation Subcommittee matters with regard to the commit- 1978 to provide for retention by an In- To hold hearings to review the manage- tee’s special investigation on campaign dian tribe of exclusive jurisdiction over ment and operations of concession pro- financing. child custody proceedings involing In- SH–216 Wednesday, July 16, 1997 Daily Digest

HIGHLIGHTS Senate passed Energy and Water Appropriations, 1998, and Legislative Branch Appropriations, 1998. House passed H.R. 2158, VA, HUD, and Independent Agencies Appro- priations Act for FY 1998. House Committees ordered reported 13 sundry measures. Senate Bennett/Bingaman Amendment No. 920, to pro- Chamber Action vide funds for a pilot program of studies of scientific Routine Proceedings, pages S7511–S7621 and technological issues to assist the Congress in an- Measures Introduced: Five bills and one resolution ticipating, understanding and considering such issues were introduced, as follows: S. 1021–1025 and S. in the course of determining public policy on exist- Res. 108. Page S7621 ing and emerging national problems. Pages S7593±94 Measures Reported: Reports were made as follows: A unanimous-consent agreement was reached pro- viding that when the Senate receives the House com- S. 1022, making appropriations for the Depart- panion measure, all after the enacting clause be ments of Commerce, Justice, and State, the Judici- stricken and the text of S. 1019, as passed by the ary, and related agencies for the fiscal year ending September 30, 1998. (S. Rept. No. 105–48) Senate, be inserted in lieu thereof, that the bill be passed, the Senate insist on its amendment, the S. 1023, making appropriations for the Treasury Chair be authorized to appoint conferees on the part Department, the United States Postal Service, the of the Senate, that S. 1019 remain at the desk pend- Executive Office of the President, and certain Inde- ing receipt of the House companion measure, and pendent Agencies, for the fiscal year ending Septem- when the House companion measure is passed, the ber 30, 1998, and for other purposes. (S. Rept. No. passage of S. 1019 be vitiated, and that S. 1019 be 105–49) Page S7621 indefinitely postponed. Pages S7601±02 Measures Passed: Foreign Operations Appropriations: Senate began Energy and Water Appropriations: By a unani- consideration of S. 995, making appropriations for mous vote of 99 yeas (Vote No. 179), Senate passed foreign operations, export financing, and related pro- S. 1004, making appropriations for energy and water grams for the fiscal year ending September 30, 1998, development for the fiscal year ending September taking action on amendments proposed thereto, as 30, 1998, as amended. Pages S7537±44 follows: Pages S7515±37, S7544±93 A unanimous-consent agreement was reached pro- Adopted: viding that S. 1004 remain at the desk pending re- McConnell/Leahy Amendment No. 876, to im- ceipt of the House companion measure, and when prove the performance of enterprise funds. the House companion measure is passed, pursuant to Pages S7515±16 the order of July 15, 1997, the passage of S. 1004 McConnell (for Leahy/McConnell) Amendment be vitiated, and that S. 1004 be indefinitely post- No. 877, to establish authority for development poned. Page S7532 credit. Pages S7515±16 Legislative Branch Appropriations: Senate passed McConnell (for Leahy/McConnell) Amendment S. 1019, making appropriations for the legislative No. 878, to provide further assistance for the cost of branch for the fiscal year ending September 30, direct loans and loan guarantees of the Micro and 1998, after agreeing to the following amendment Small Enterprise Development Program. proposed thereto: Pages S7593±S7602 Pages S7515±16 D763 D764 CONGRESSIONAL RECORD — DAILY DIGEST July 16, 1997 McConnell (for Leahy/McConnell) Amendment Harkin Amendment No. 899, to express the sense No. 879, to establish limitations on the transfer of of the Congress towards promoting United States military equipment to East Timor. Pages S7515±16 trade and development to and with Pakistan. McConnell/Leahy Amendment No. 880, to estab- Pages S7550±58 lish requirements relating to stockpiling of defense Gorton/Feinstein Amendment No. 902, to express articles for foreign countries. Pages S7515±16 the sense of the Senate on the European Commis- McConnell/Leahy Amendment No. 881, relating sion’s handling of the Boeing and McDonnell Doug- to the Foreign Military Financing Program. las merger. Pages S7579±80 Pages S7515±16 Specter Amendment No. 898, to prohibit the use McConnell/Leahy Amendment No. 882, to require of funds to the Palestinian Authority unless certain a report prior to March 31, 1998 that Ukraine has conditions are satisfied. Pages S7580±81 met certain conditions. Pages S7515±16 DeWine Amendment No. 903, to limit assistance McConnell (for Leahy/Biden) Amendment No. to Haiti unless certain conditions are satisfied. 883, to require the withholding of assistance to any Pages S7581±83 country granting sanctuary to any person indicted by McConnell (for Kyl) Amendment No. 904, to al- the International Criminal Tribunal for Rwanda. locate funds for legal restructuring in Ukraine nec- Pages S7515±16 essary to support a decentralized market-oriented Brownback Modified Amendment No. 884, to economic system. Pages S7586±93 provide for certain activities regarding the promotion McConnell (for Kyl) Amendment No. 905, to of respect for religious freedom and human rights in prohibit assistance to Russia unless Russia terminates countries such as the Peoples Republic of China. activities relating to ballistic missile or nuclear pro- Page S7545 grams in Iran. Pages S7586±93 McConnell Amendment No. 885, to provide bi- lateral economic assistance to Egypt. McConnell (for Baucus) Amendment No. 906, to permit funds made available to the United States- Pages S7518, S7523±26 By a unanimous vote of 99 yeas (Vote No. 180), Asia Environmental Partnership to be used for ac- McConnell/Leahy Modified Amendment No. 886, to tivities for the People’s Republic of China. Pages S7586±93 restrict aid to Cambodia. Pages S7518, S7576±77 McConnell/Leahy Modified Amendment No. 887, McConnell (for Enzi) Amendment No. 907, to en- to restrict aid to Cambodia. Pages S7518, S7576±77 sure Congressional notification of the costs to the Gorton Amendment No. 893, to express the sense Federal Government of all federal programs associ- of the Senate regarding the eligibility for NATO ated with the proposed agreement to reduce green- membership of Estonia, Latvia, and Lithuania. house gas emissions pursuant to the Framework Con- Pages S7586±93 Pages S7522±23 vention on Climate Change. By 95 yeas to 4 nays (Vote No. 178), Smith (of McConnell (for Hagel) Amendment No. 908, to Oregon)/Nickles Amendment No. 889 (to Amend- amend the Foreign Assistance Act of 1961 with re- ment No. 888), in the nature of a substitute. spect to the authority of the Overseas Private Invest- Pages S7519±22, S7526±27, S7536 ment Corporation to issue insurance and extend fi- Smith (of Oregon) Amendment No. 888, to pro- nancing. Pages S7586±93 hibit foreign assistance to the Government of Russia McConnell (for Lautenberg) Amendment No. 909, should it enact laws which would discriminate to withhold assistance to countries that are violating against minority religious faiths in the Russian Fed- United Nations sanctions against Libya. eration, as amended. Pages S7518±22, S7537, S7544 Pages S7586±93 Brownback Modified Amendment No. 892, to ex- McConnell (for Leahy) Amendment No. 910, to press the sense of the Senate regarding the targeting establish prosecution procedures for war crimes. of assistance to support the economic and political Pages S7586±93 independence of the countries of the South Caucasus McConnell (for Domenici) Amendment No. 911, and Central Asia. Pages S7536, S7544±45 to allocate funds for a Western Hemisphere Inter- Murkowski Modified Amendment No. 894, to national Law Enforcement Academy. Pages S7586±93 provide conditions for funding North Korea’s imple- McConnell (for Dodd) Amendment No. 912, to mentation of the nuclear framework agreement. provide for the reform and annual review of United Pages S7527±34, S7544 States sponsored training programs of Latin Amer- Boxer Amendment No. 897, to provide funds for ican military personnel at the School of the Americas the Communal Areas Management Programme for and elsewhere to ensure that training is consistent Indigenous Resources (CAMPFIRE) in Zimbabwe. with respect for human rights and civil control over Pages S7546±47 the military. Pages S7586±93 July 16, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D765 McConnell (for Torricelli) Amendment No. 913, A unanimous-consent agreement was reached pro- to recommend that the Liberation Tigers of Tamil viding that when the Senate receives the House com- Eelam be placed on the list of terrorist organizations panion measure, all after the enacting clause be by the Department of State. Pages S7586±93 stricken and the text of S. 955, as passed by the Sen- McConnell (for Durbin) Amendment No. 914, to ate, be inserted in lieu thereof, that the bill be limit international military education and training passed, the Senate insist on its amendment, and the assistance for Peru. Pages S7586±93 Chair be authorized to appoint conferees on the part McConnell (for Leahy) Amendment No. 915, to of the Senate. Page S7579 provide for an authorization requirement for inter- A further consent agreement was reached provid- national financial institutions. Pages S7586±93 ing that, upon passage, S. 955 remain at the desk McConnell (for D’Amato) Amendment No. 916, pending receipt of the House companion measure, to make an amendment with respect to Congres- and when the House companion measure is passed, sional review of new arrangements for borrowing by the passage of S. 955 be vitiated, and that S. 955 the International Monetary Fund. Pages S7586±93 be indefinitely postponed. Page S7593 McConnell (for Leahy) Amendment No. 917, of a perfecting nature. Pages S7586±93 Messages From the President: Senate received the McConnell (for Faircloth) Amendment No. 918, following messages from the President of the United to limit aid to the Government of Congo until a States: Presidential certification. Pages S7586±93 Transmitting the report of an agreement between McConnell (for Lott) Amendment No. 919, to the U.S. and the People’s Republic of China; which make available certain funds for the purpose of facili- was referred jointly, pursuant to 16 U.S.C. 1823(b), tating the integration of Poland, Hungary, and the to the Committee on Commerce, Science, and Trans- Czech Republic into the North Atlantic Treaty Or- portation, and to the Committee on Foreign Rela- ganization. Pages S7586±93 tions. (PM–53). Page S7602 Rejected: By 35 yeas to 64 nays (Vote No. 181), Allard Nominations Received: Senate received the follow- Amendment No. 891, to decrease the amount of ing nominations: funds available to OPIC for administrative expenses Richard Conway Casey, of New York, to be Unit- to carry out the credit and insurance programs. ed States District Judge for the Southern District of Pages S7547±49, S7577±78 New York. By 38 yeas to 60 nays (Vote No. 182), Dodd Ronald Lee Gilman, of Tennessee, to be United Amendment No. 901 (to Amendment No. 900), of States Circuit Judge for the Sixth Circuit. Page S7621 a perfecting nature. Pages S7562±76, S7578±79 Messages From the President: Page S7602 Pending: Bingaman Amendment No. 896, to provide for Messages From the House: Page S7602 Cuban-American family humanitarian support and Measures Referred: Page S7602 compassionate travel. Pages S7535±36 Communications: Pages S7602±03 Hutchinson Amendment No. 890, to express the sense of the Senate that Most Favored Nations trade Petitions: Page S7603 status for China should be revoked. Pages S7558±62 Statements on Introduced Bills: Pages S7603±08 Withdrawn: Additional Cosponsors: Pages S7608±09 Bingaman Amendment No. 895, to restore to U.S. citizens and residents the right of travel to Amendments Submitted: Pages S7609±15 Cuba. Pages S7534±35 Authority for Committees: Page S7615 Dodd Amendment No. 900, to suspend tempo- rarily the certification procedures under section Additional Statements: Pages S7615±20 490(b) of the Foreign Assistance Act of 1961 in Record Votes: Five record votes were taken today. order to foster greater multilateral cooperation in (Total—182) Pages S7536, S7539, S7577±79 international counternarcotics programs. Adjournment: Senate convened at 10 a.m., and ad- Pages S7562±76, S7579 journed at 8:21 p.m., until 9:30 a.m., on Thursday, A unanimous-consent agreement was reached pro- July 17, 1997. (For Senate’s program, see the re- viding for further consideration of the bill and the marks of the Acting Majority Leader in today’s amendments pending thereto, on Thursday, July 17, Record on page S7621.) 1997, with votes to occur thereon. Page S7579 D766 CONGRESSIONAL RECORD — DAILY DIGEST July 16, 1997 Richard Hoglund, Deputy Assistant Commissioner, Committee Meetings Office of Investigations, United States Customs Serv- (Committees not listed did not meet) ice, Department of the Treasury; Michael T. Horn, Chief of International Operations, Drug Enforcement AGRICULTURAL ENERGY RESEARCH AND Administration, Department of Justice; Cochise DEVELOPMENT County Sheriff Larry A. Dever, Bisbee, Arizona; Committee on Agriculture, Nutrition, and Forestry: Com- Samuel C. Scott, Fontana Police Department, Fon- mittee concluded hearings to examine the impor- tana, California; and a certain protected witness. tance of alternative fuels in addressing future na- CAMPAIGN FINANCING INVESTIGATION tional security concerns, focusing on agriculture’s vulnerability to energy price volatility, the contribu- Committee on Governmental Affairs: Committee re- tion of home-grown renewable alternative fuels, and sumed hearings, in open and closed sessions, to ex- the role of new technologies in making agriculture amine certain matters with regard to the commit- more energy efficient while increasing yields, after tee’s special investigation on campaign financing, re- receiving testimony from Roger K. Conway, Direc- ceiving testimony from Paul A. Buskirk, Acting Di- tor, Office of Energy and New Uses, Economic Re- rector, Office of Security, Robert P. Gallagher, Di- search Service, Department of Agriculture; Joseph J. rector, Office of Intelligence Liaison, and Jeffrey Romm, Acting Assistant Secretary, Office of Energy Garten, former Under Secretary for International Efficiency and Renewable Energy, Department of Trade, all of the Department of Commerce; Gary A. Energy; Henry C. Kelly, Acting Associate Director Christopherson, former Associate Director of White for Technology, Office of Science and Technology House Personnel; William H. McNair, Information Policy; and John B. Campbell, Ag Processing Inc., Officer/Director of Operations, Central Intelligence Omaha, Nebraska. Agency; and John H. Dickerson, a protected witness. Also, committee received a briefing on the inter- Hearings continue tomorrow. national energy security situation from officials of the Central Intelligence Agency. GLOBAL TOBACCO SETTLEMENT APPROPRIATIONS—DISTRICT OF Committee on the Judiciary: Committee held hearings COLUMBIA to examine the terms and parameters of the proposed Global Tobacco Settlement which will mandate a Committee on Appropriations: Subcommittee on the total reformation and restructuring of how tobacco District of Columbia resumed hearing on proposed products are manufactured, marketed and distributed budget estimates for fiscal year 1998 for the govern- in America, focusing on its long-term impact on ment of the District of Columbia, receiving testi- children and the public health, and its legal and mony in behalf of funds for their respective activities constitutional ramifications, receiving testimony from Margaret A. Moore, Director, Department of from Connecticut Attorney General Richard Corrections, and Larry D. Soulsby, Chief of Police, Blumenthal, Hartford; Minnesota Attorney General Metropolitan Police Department, both of the District Hubert H. Humphrey III, St. Paul; Colorado Attor- of Columbia. ney General Gale A. Norton, Denver; Richard F. Subcommittee will meet again on Wednesday, Scruggs, Scruggs, Millette, Lawson, Bozeman & July 23. Dent, Pascagoula, Mississippi; Stanley M. Chesley, NOMINATION Waite, Schneider, Bayless & Chesley, Cincinnati, Committee on Environment and Public Works: Commit- Ohio; Laurence H. Tribe, Harvard University Law tee concluded hearings on the nomination of Jamie School, Cambridge, Massachusetts; and Robert A. Rappaport Clark, of Maryland, to be Director of the Levy, Cato Institute, Washington, D.C. United States Fish and Wildlife Service, Department Hearings were recessed subject to call. of the Interior, after the nominee testified and an- TELEVISION IMPROVEMENT ACT swered questions in her own behalf. Committee on the Judiciary: Subcommittee on Anti- DRUG VIOLENCE trust, Business Rights, and Competition concluded Committee on Foreign Relations: Subcommittee on hearings on S. 539, to exempt agreements relating Western Hemisphere, Peace Corps, Narcotics and to voluntary guidelines governing telecast material Terrorism concluded hearings to examine new drug from the applicability of the antitrust laws, after re- smuggling methods and the number and violence of ceiving testimony from Senators Lieberman and certain incidents involving drug cartels targeting Brownback; Reed E. Hundt, Chairman, Federal United States officials in retaliation for U.S. Communications Commission; Maryland Attorney counterdrug efforts, after receiving testimony from General J. Joseph Curran, Jr., Baltimore; and Cass July 16, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D767 R. Sunstein, University of Chicago Law School, Chi- cago, Illinois. h House of Representatives debate and considered amendments on Tuesday, July Chamber Action 15. Pages H5309±71 Bills Introduced: 10 public bills, H.R. 2170–2179 By a yea-and-nay vote of 193 yeas to 235 nays, were introduced. Pages H5400±01 Roll No. 279, rejected the Kennedy of Massachusetts Reports Filed: Reports were filed today as follows: motion to recommit the bill to the Committee on Report on the Revised Subdivision of Budget To- Appropriations with instructions to report it back to tals for Fiscal Year 1998 (H. Rept. 105–185); the House forthwith with amendments that increase H.R. 1362, to establish a demonstration project to the funding for Public Housing Agency Grants, Eco- provide for Medicare reimbursement for health care nomic Development Grants, Youthbuild Program services provided to certain Medicare-eligible veter- Activities, and Homeless Assistance Grants. ans in selected facilities of Department of Veterans Pages H5369±70 Affairs, amended (H. Rept. 105–186 Part I); Agreed To: H. Res. 187, providing for consideration of H.R. The Lewis of California en bloc amendment that 1853, to amend the Carl D. Perkins Vocational and increases funding for National Cemetery construction Applied Technology Education Act (H. Rept. by $5.5 million and decreases Grants for Construc- 105–187); and tion of State Extended Care Facilities funding ac- H.R. 2169, making appropriations for the Depart- cordingly; Pages H5309±10 ment of Transportation and related agencies for the The Solomon amendment that, upon enactment of fiscal year ending September 30, 1998 (H. Rept. legislation establishing the Medical Collection Fund, provides assurances of an additional $579 million for 105–188). Page H5400 veteran medical care if third party receipts fall short, Speaker Pro Tempore: Read a letter from the and reduces EPA Science and Technology Funding Speaker wherein he designated Representative by $27 million to fund these assurances; LaHood to act as Speaker pro tempore for today. Pages H5310±18 Page H5303 The Lewis of California amendment that decreases Guest Chaplain: The prayer was offered by the National Science Foundation research funding by guest Chaplain, the Rev. Joe Clark of Annandale, $174,000; Pages H5322±36 Virginia. Page H5303 The Obey amendment that increases veteran med- Presidential Message—Fisheries Agreement: ical care funding by $48 million and decreases Emergency Management Planning and Assistance Read a message from the President wherein he trans- funding for a windstorm simulation center by $60 mits his agreement between the United States and million (agreed to by a recorded vote of 322 ayes to the People’s Republic of China concerning fisheries 110 noes, Roll No. 276); Pages H5339±40 off the coasts of the United States—referred to the The Stokes amendment that strikes language ear- Committee on Resources and ordered printed (H. marking $60 million of Emergency Management Doc. 105–106). Page H5309 Planning and Assistance funding for a windstorm VA, HUD, and Independent Agencies Appro- simulation center (agreed to by a recorded vote of priations Act: By a yea and nay vote of 397 yeas 244 ayes to 187 noes, Roll No. 277); to 31 nays, Roll No. 280, the House passed H.R. Pages H5318±19, H5340 2158, making appropriations for the Departments of The Bentsen amendment that prohibits any fund- Veterans Affairs and Housing and Urban Develop- ing to be used for the import of PCB’s and PCB ment, and for sundry independent agencies, commis- items into the United States; and Pages H5343±45 sions, corporations, and offices for the fiscal year The Solomon amendment that prohibits the use of ending September 30, 1998, and for making appro- funds for grants or contracts to any institution of priations for the Departments of Veterans Affairs and higher learning that bars ROTC or military recruit- Housing and Urban Development for the fiscal year ers access to the general student population. ending September 30, 1998. The House completed Page H5345 D768 CONGRESSIONAL RECORD — DAILY DIGEST July 16, 1997 Rejected: The Sensenbrenner amendment that sought to reduce Human Space Flight funding by Committee Meetings $100 million (rejected by a recorded vote of 200 DISTRICT OF COLUMBIA BUDGET ayes to 227 noes, Roll No. 278). Committee on Appropriations: Subcommittee on the Pages H5319±22, H5340±41 District of Columbia held a hearing on the Fiscal Points of Order Sustained Against: Year 1998 D.C. Budget. Testimony was heard from Section 420 of the bill, that sought to make fund- the following officials of the District of Columbia: ing available for conservation and management plans Marion Barry, Mayor; and Linda Cropp, Acting notwithstanding section 320(g) of the Federal Water Chairman, Council; and Andrew F. Brimmer, Chair- Pollution Control Act; Page H5343 man, Financial Responsibility and Management As- The Vento amendment that sought to increase sistance Authority. FEMA Emergency Food and Shelter Program fund- ing by $30.1 million and reduce the NASA Human GOVERNMENT SPONSORED ENTERPRISES Space Flight program by $43 million; and Committee on Banking and Financial Services: Sub- Pages H5345±47 committee on Capital Markets, Securities and Gov- The Hefley amendment that sought to increase ernment Sponsored Enterprises and the Subcommit- EPA Leaking Underground Storage Tank program tee on Government Management, Information and funding by $11.2 million and decrease HUD Man- Technology of the Committee on Government Re- agement and Administration Salaries and Expenses form and Oversight held a joint oversight hearing on funding by $31 million. Pages H5362±63 Government Sponsored Enterprises. Testimony was Withdrawn: heard from Jim Bothwell, Chief Economist, GAO; The Wise amendment was offered but subse- Thomas Woodward, Economist, Congressional Re- quently withdrawn that sought to provide $3 mil- search Service, Library of Congress; and public wit- nesses. lion for expenses of the Chemical Safety and Hazard Investigation Board with the funding for it to be de- NATIONAL SALVAGE MOTOR VEHICLE rived from the EPA Environmental Programs and CONSUMER PROTECTION ACT Management account; and Pages H5336±39 Committee on Commerce: Subcommittee on Tele- The Foley amendment was offered but subse- communications, Trade, and Consumer Protection quently withdrawn that sought to reduce the Com- approved for full Committee action amended H.R. munity Development Financial Institutions Fund 1839, National Salvage Motor Vehicle Consumer Program Account by $75 million. Pages H5347±62 Protection Act of 1997. The House agreed to H. Res. 184, the rule that provided for consideration of the bill on July 15. OLDER AMERICANS ACT AUTHORIZATION Pages H5247±51 Committee on Education and the Workforce: Subcommit- Agriculture Appropriations: The House completed tee on Early Childhood, Youth and Families contin- general debate on H.R. 2160, making appropriations ued hearings on the Authorization of the Older for Agriculture, Rural Development, Food and Drug Americans Act. Testimony was heard from public Administration, and Related Agencies programs for witnesses. the fiscal year ending September 30, 1998. Consider- ERGONOMICS: A QUESTION OF ation of amendments will begin on Thursday, July FEASIBILITY 17. Pages H5372±82 Committee on Education and the Workforce: Subcommit- Amendments: Amendments ordered printed pursu- tee on Oversight and Investigations held a hearing ant to the rule appear on pages H5401–05. on Ergonomics: A Question of Feasibility. Testimony Quorum Calls—Votes: Two yea-and-nay votes and was heard from public witnesses. three recorded votes developed during the proceed- DEMOCRATIC REPUBLIC OF CONGO ings of the House today and appear on pages Committee on International Relations: Held a hearing on H5339–40, H5340, H5341, H5370, and the Democratic Republic of Congo: Problems and H5370–71. There were no quorum calls. Prospects. Testimony was heard from Thomas Pick- Adjournment: Met at 11:00 a.m. and adjourned at ering, Under Secretary, Political Affairs, Department 11:45 p.m. of State; J. Brian Atwood, Administrator, AID, U.S. July 16, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D769 International Development Cooperation Agency; and Gen. Robert T. Marsh, USAF (Ret.), Chairman, public witnesses. President’s Commission on Critical Infrastructure Protection; and Lowell Wood, Lawrence Livermore CAMBODIA—BREAKDOWN OF Laboratory; and a public witness. DEMOCRACY Committee on International Relations: Subcommittee on MISCELLANEOUS MEASURES Asia and the Pacific held a hearing on Familiar Committee on Resources: Ordered reported the following Ground: The Breakdown of Democracy in Cambodia bills: H.R. 700, amended, to remove the restriction and Implications for U.S. Foreign Policy. Testimony on the distribution of certain revenues from the was heard from Aurelia Brazeal, Deputy Assistant Mineral Springs parcel to certain members of the Secretary, Bureau of East Asian and Pacific Affairs, Agua Caliente Band of Cahuilla Indians; H.R. 799, Department of State; and public witnesses. to require the Secretary of Agriculture to make a minor adjustment in the exterior boundary of the JOBS AND EXPORTS RENEWAL ACT Hells Canyon Wilderness in the States of Oregon Committee on International Relations: Subcommittee on and Idaho to exclude an established Forest Service International Economic Policy and Trade approved road inadvertently included in the wilderness; H.R. for full Committee amended H.R. 2064, Jobs and 838, to require adoption of a management plan for Exports Renewal Act of 1997. the Hells Canyon National Recreation Area that al- lows appropriate use of motorized and nonmotorized ANTI-DRUG EFFORT IN THE AMERICAS river craft in the recreation area; H.R. 948, Burt Committee on International Relations: Subcommittee on Lake Band of Ottawa and Chippewa Indians Act; the Western Hemisphere held a hearing on the H.R. 976, amended, Mississippi Sioux Tribes Judg- Anti-Drug Effort in the Americas: A Mid-Term Re- ment Fund Distribution Act of 1997; H.R. 1460, port. Testimony was heard from Representative amended, to allow for election of the Delegate from Hastert; Jane Becker, Principal Deputy Assistant Guam by other than separate ballot; H.R. 1604, Secretary, Bureau of International Narcotics and Law amended, to provide for the division, use, and dis- Enforcement Affairs, Department of State; Rear tribution of judgment funds of the Ottawa and Adm. Walter Doran, USN, Deputy Commander In- Chippewa Indians of Michigan pursuant to dockets Chief, U.S. Southern Command, Department of De- numbered 18–E, 58, 364, and 18–R before the In- fense; and James Milford, Deputy Administrator, dian Claims Commission; H.R. 1663, amended, to DEA, Department of Justice. clarify the intent of the Congress in Public Law 93–632 to require the Secretary of Agriculture to MISCELLANEOUS MEASURES continue to provide for the maintenance of 18 con- Committee on the Judiciary: Ordered reported the fol- crete dams and weirs that were located in the Emi- lowing bills: H.R. 764, Bankruptcy Amendments of grant Wilderness at the time the wilderness area was 1997; H.R. 1596, Bankruptcy Judgeship Act of designated as wilderness in that Public Law; H.R. 1997; and H.R. 1953, to clarify State authority to 1944, Warner Canyon Ski Hill Land Exchange Act tax compensation paid to certain employees. of 1997; and H.R. 1855, amended, to establish a MISCELLANEOUS MEASURES moratorium on large fishing vessels in Atlantic her- ring and mackerel fisheries. Committee on the Judiciary: Subcommittee on Crime The Committee also approved a resolution author- approved for full Committee action the following: izing the Chairman to issue a subpoena concerning H.R. 424, amended, to provide for increased manda- the matter of the committee review of hardrock tory minimum sentences for criminals possessing bonding mining regulations. firearms; and the Witness Protection and Interstate Relocation Act of 1997. CARL D. PERKINS VOCATIONAL- TECHNICAL EDUCATION ACT THREATS POSED BY ELECTROMAGNETIC AMENDMENTS PULSE TO U.S. MILITARY SYSTEMS Committee on Rules: Granted, by voice vote, an open Committee on National Security: Subcommittee on Mili- rule providing 1 hour of debate on H.R. 1853, Carl tary Research and Development held a hearing on D. Perkins Vocational-Technical Education Act threats posed by electromagnetic pulse to U.S. Mili- Amendments of 1997. The rule waives clause 2(I)(6) tary systems and civilian infrastructure. Testimony of rule XI (relating to the 3-day availability of the was heard from the following officials of the Depart- report) against consideration of the bill. The rule ment of Defense: George W. Ullrich, Deputy Direc- makes in order the Committee on Education and the tor, Defense Special Weapons Agency; and Gilbert I. Workforce amendment in the nature of a substitute Klinger, Acting Deputy Under Secretary (Space); as an original bill for purpose of amendment, shall D770 CONGRESSIONAL RECORD — DAILY DIGEST July 16, 1997 be open to amendment at any point, and each sec- erans Affairs and Housing and Urban Development and tion shall be considered as read. The rule authorizes related agencies, 3:30 p.m., SD–106. the Chair to accord priority in recognition to Mem- Committee on Armed Services, to hold hearings on the bers who have pre-printed their amendments in the nomination of Rudy deLeon, of California, to be Under Congressional Record. Finally, the rule provides one Secretary of Defense for Personnel and Readiness, 9:30 a.m., SR–222. motion to recommit, with or without instructions. Committee on Banking, Housing, and Urban Affairs, Sub- Testimony was heard from Chairman Goodling; and committee on International Finance, to hold hearings on Representatives Morella, Clay, Martinez and Mink of proposed legislation authorizing funds for the Export-Im- Hawaii. port Bank of the United States, 9:30 a.m., SD–538. CREDIT SUBSIDY RATES Subcommittee on Financial Institutions and Regulatory Relief, to hold oversight hearings on the implementation Committee on Small Business: Held a hearing on credit of the HUD Rebuilding and Loan Guaranty Program for subsidy rates for the Section 7(a) general business financial institutions, 2 p.m., SD–538. loan program and the Section 504 Certified Develop- Committee on Commerce, Science, and Transportation, to ment Company program. Testimony was heard from hold hearings on S. 625, to provide for competition be- Edward DeSeve, Acting Deputy Director, OMB; tween forms of motor vehicle insurance, to permit an Aida Alvarez, Administrator, SBA; Judy England-Jo- owner of a motor vehicle to choose the most appropriate seph, Director, Housing and Community Develop- form of insurance for that person, to guarantee affordable ment Issues, GAO; and a public witness. premiums, and to provide for more adequate and timely compensation for accident victims, 9:30 a.m., SR–253. COAST GUARD AUTHORIZATION ACT Committee on Energy and Natural Resources, to hold hear- Committee on Transportation and Infrastructure: Sub- ings on the nominations of Patrick A. Shea, of Utah, to committee on Coast Guard and Maritime Transpor- be Director of the Bureau of Land Management, and Robert G. Stanton, of Virginia, to be Director of the Na- tation approved for full Committee action the Coast tional Park Service, both of the Department of the Inte- Guard Authorization Act of 1997. rior, Kneeland C. Youngblood, of Texas, to be a Member VETERAN’S LEGISLATION of the Board of Directors of the United States Enrichment Corporation, and Kathleen M. Karpan, of Wyoming, to Committee on Veterans’ Affairs: Subcommittee on Bene- be Director of the Office of Surface Mining Reclamation fits held a hearing on pending proposals in the areas and Enforcement, Department of the Interior, 9:30 a.m., of education, training and employment. Testimony SD–366. was heard from former Representative G.V. Mont- Subcommittee on National Parks, Historic Preserva- gomery of Mississippi; Al Borrego, Acting Assistant tion, and Recreation, to hold hearings on S. 895, to des- Secretary, Veterans Employment and Training, De- ignate the reservoir created by Trinity Dam in the partment of Labor; Celia Dollarhide, Director, Edu- Central Valley project, California, as ‘‘Trinity Lake’’, S. cation Service, Department of Veterans Affairs; and 931, to designate the Marjory Stoneman Douglas Wilder- representatives of various veterans organizations. ness and the Ernest F. Coe Visitor Center, and S. 871, to establish the Oklahoma City National Memorial as a f unit of the National Park System and to designate the COMMITTEE MEETINGS FOR Oklahoma City Memorial Trust, 2 p.m., SD–366. THURSDAY, JULY 17, 1997 Committee on Environment and Public Works, to resume hearings to examine issues relating to climate change, 10 (Committee meetings are open unless otherwise indicated) a.m., SD–406. Committee on Foreign Relations, business meeting, to Senate mark up S. Res. 98, expressing the sense of the Senate Committee on Agriculture, Nutrition, and Forestry, Sub- regarding the conditions for the United States becoming committee on Forestry, Conservation, and Rural Revital- a signatory to any international agreement on greenhouse ization, to hold hearings on the implementation of the gas emissions under the United National Framework Northern Forestry Stewardship Act, 2:30 p.m., SR–332. Convention on Climate Change, a proposed concurrent Committee on Appropriations, Subcommittee on Transpor- resolution expressing the sense of the Congress that the tation, to hold hearings on proposed budget estimates for OAS-CIAV Mission in Nicaragua is to be congratulated fiscal year 1998 for Amtrak, focusing on the calculation for its defense of human rights, promotion of peaceful of excess railroad retirement payments, 10 a.m., SD–124. conflict resolution, and contribution to the development Full Committee, business meeting, to markup pro- of freedom and democracy in Nicaragua, and to consider posed legislation making appropriations for fiscal year the Agreement with Hong Kong for the Surrender of Fu- 1998 for the Department of Agriculture, rural develop- gitive Offenders (Treaty Doc. 105–3), and pending nomi- ment, and related agencies, proposed legislation making nations, 10 a.m., SD–419. appropriations for fiscal year 1998 for military construc- Subcommittee on European Affairs, to hold hearings to tion programs, and proposed legislation making appro- examine the status of Bosnia non-compliance with the priations for fiscal year 1998 for the Departments of Vet- Dayton Accords, 2 p.m., SD–419. July 16, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D771

Committee on Governmental Affairs, to continue hearings Agency for International Development, 10 a.m., 2172 to examine certain matters with regard to the commit- Rayburn. tee’s special investigation on campaign financing, 10 Committee on the Judiciary, Subcommittee on Commer- a.m., SH–216. cial and Administrative Law, hearing on H.R. 1054, Committee on the Judiciary, business meeting, to resume Internet Tax Freedom Act, 10 a.m., 2237 Rayburn. markup of S. 10, to reduce violent juvenile crime, pro- Subcommittee on the Constitution, oversight hearing mote accountability by juvenile criminals, and punish and on the U.S. Commission on Civil Rights, 10 a.m., 2226 deter violent gang crime, 10 a.m., SD–226. Rayburn. Subcommittee on Immigration, to hold hearings on Subcommittee on Courts and Intellectual Property, proposals to extend the Visa Waiver Pilot Program, in- oversight hearing on Fairness in Music Licensing, 9 a.m., cluding S. 290, to establish a visa waiver pilot program 2141 Rayburn. for nationals of Korea who are traveling in tour groups Committee on National Security, hearing on NATO ex- to the United States, 3 p.m., SD–226. pansion, 9:30 a.m., 2118 Rayburn. Committee on Labor and Human Resources, to hold hear- Committee on Resources, Subcommittee on Fisheries Con- ings to examine the quality of child care, 2 p.m., servation, Wildlife & Oceans, oversight hearing to review SD–430. the final outcome of the Tenth Meeting of the Conference NOTICE of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), For a listing of Senate committee meetings sched- 10 a.m., 1334 Longworth. uled ahead, see pages E1442–43 in today’s Record. Subcommittee on Water and Power, oversight hearing on Government Performance and Results Act status—Bu- House reau of Reclamation, USGS, Water Resources and the Committee on Agriculture, hearing to review the USDA’s Power Marketing Administration, 2 p.m., 1324 Long- Civil Rights Action Team Report, 2 p.m., 1300 Long- worth. worth. Committee on Rules, to consider making appropriations Committee on Appropriations, to mark up the following for the Department of Transportation and related agencies appropriations for fiscal year 1998: Energy and Water for the fiscal year ending September 30, 1998, 2:30 p.m., Development; and Legislative Branch, 9 a.m., 2360 Ray- H–313 Capitol. burn. Committee on Transportation and Infrastructure, Sub- Subcommittee on the District of Columbia, on Con- committee on Public Buildings and Economic Develop- gressional and Public Witnesses, 11 a.m., H–144 Capitol. ment, to continue hearings on the Reauthorization of the Committee on Commerce, Subcommittee on Finance and Economic Development Administration and the Appa- Hazardous Materials, hearing on H.R. 10, Financial Serv- lachian Regional Commission, 9 a.m., 2253 Rayburn. ices Competitiveness Act of 1997, 10 a.m., 2123 Ray- Subcommittee on Surface Transportation, hearing on burn. Road Rage: Causes and Dangers of Aggressive Driving, Committee on Education and the Workforce, Subcommittee 9:30 a.m., 2167 Rayburn. on Postsecondary Education, Training and Life-Long Committee on Veterans’ Affairs, Subcommittee on Over- Learning, to continue hearings on H.R. 6, Higher Edu- sight and Investigations, hearing on sexual harassment is- cation Act of 1997, 9:30 a.m., 2175 Rayburn. sues involving senior career managers within the Depart- Committee on Government Reform and Oversight, Sub- ment of Veterans Affairs and H.R. 1703, the Department committee on National Security, International Affairs, of Veterans Affairs Employment Discrimination Preven- and Criminal Justice, to continue hearings on National tion Act, 9:30 a.m., 334 Cannon. Drug Control Policy: Drug Interdiction Efforts in Florida Committee on Ways and Means, Subcommittee on Health, and the Caribbean, 1 p.m., 2154 Rayburn. hearing on the Inspector General Audit of Health Care Committee on International Relations, hearing on Inspector Financing Administration’s Financial Statements, 11 a.m., General’s Oversight of the Department of State and 1100 Longworth. D772 CONGRESSIONAL RECORD — DAILY DIGEST July 16, 1997

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, July 17 10 a.m., Thursday, July 17

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Continue consideration of H.R. ation of S. 955, Foreign Operations Appropriations, with 2160, Agriculture, Rural Development, Food and Drug votes to occur thereon. Senate may also consider S. 1023, Administration and Related Agencies Appropriations Act Treasury/Postal Service Appropriations, 1998. for Fiscal Year 1998; and Consideration of H.R. 2159, Foreign Operations, Ex- port Financing and Related Programs Appropriations for Fiscal Year 1998 (modified open rule, 1 hour of debate).

Extensions of Remarks, as inserted in this issue

HOUSE Gilman, Benjamin A., N.Y., E1438 Packard, Ron, Calif., E1439 Hamilton, Lee H., Ind., E1437 Ros-Lehtinen, Ileana, Fla., E1436 Barrett, Thomas M., Wisc., E1440 Hoyer, Steny H., Md., E1433 Roukema, Marge, N.J., E1440 Bereuter, Doug, Nebr., E1439 Klink, Ron, Pa., E1434, E1436 Schaffer, Bob, Colo., E1441 Etheridge, Bob, N.C., E1438 McCollum, Bill, Fla., E1438, E1439 Thompson, Bennie G., Miss., E1433, E1436, E1437 Faleomavaega, Eni F.H., American Samoa, E1435 McNulty, Michael R., N.Y., E1437 Traficant, James A., Jr., Ohio, E1434 Franks, Bob, N.J., E1436 Mink, Patsy T., Hawaii, E1434 Vela´ zquez, Nydia M., N.Y., E1439

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