Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 105 CONGRESS, FIRST SESSION

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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, MONDAY, NOVEMBER 10, 1997 No. 158 House of Representatives The House was not in session today. Its next meeting will be held on Wednesday, November 12, 1997, at 12 noon. Senate MONDAY, NOVEMBER 10, 1997

The Senate met at 10 a.m., and was We press on with courage and con- Your supernatural gifts of great leader- called to order by the President pro fidence. Here are our minds, think ship—wisdom, discernment, knowledge, tempore [Mr. THURMOND]. Your thoughts through them; here are and vision. Through our Lord and Sav- our imaginations, show us Your pur- iour. Amen. PRAYER pose and plan; here are our wills, guide us to do Your will. What You give us f The Chaplain, Dr. Lloyd John the vision to conceive and the daring Ogilvie, offered the following prayer: to believe, You will give us the power RECOGNITION OF THE MAJORITY Almighty God, Sovereign of our Na- to achieve. Go before us to show us LEADER tion and Lord of our lives, we don’t Your way, behind us to press us for- The PRESIDENT pro tempore. The know all that this day holds, but we ward toward Your goals, beside us to able majority leader, Senator LOTT, of know that You hold the day in Your give us Your resiliency, above us to Mississippi, is recognized. competent hands. watch over us, and within us to give us Mr. LOTT. I thank the Chair.

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S12435 S12436 CONGRESSIONAL RECORD — SENATE November 10, 1997 SCHEDULE the provision of the Taxpayer Relief Act of Mr. CONRAD. Yes. 1997 relating to exempting active financing Mr. LOTT. This morning the Senate income from foreign personal holding com- Mr. LOTT. Throughout the day yes- will be in a period for morning business pany income and to provide for the non- terday, meetings were occurring be- until 10:30 a.m. Following morning recognition of gain on the sale of stock in tween the House and Senate leadership business, the Senate intends to con- agricultural processors to certain farmers’ on the highway bill. We had passed in sider and complete action on the fol- cooperatives, and for other purposes. the Senate, as the Senator will recall, lowing: A continuing resolution which Mr. LOTT. Mr. President, I object to a fix which allowed flexibility so that continues funding through Friday, No- further consideration of the bill at this some funds could be moved between ac- vember 14; adoption of the foster care time. counts, if necessary, to keep the De- conference report—I am very pleased The PRESIDING OFFICER. The bill partment of Transportation employees that we have been able to bring that will be placed on the calendar for fur- working. I think there was a transit very important matter to a favorable ther consideration. accommodation. So I think it had completion because it certainly needs f about four parts. to be done, and I think it is going to be ORDER OF BUSINESS During the day yesterday, they were a great help in getting children in fos- meeting with their counterparts in the Mr. LOTT. Two other comments. We ter care into adoption—and any other House. I was led to believe last night will announce to Members a time for a Legislative or Executive Calendar that they had come to an agreement vote, if any, on Thursday as soon as we items that we can get cleared. How- and that agreement, whatever it is—I can get information. That may not be, ever, no rollcall votes will occur in to- just can’t give you the total outlines of though, until Wednesday or Thursday. day’s, Tuesday’s, or Wednesday’s ses- it now—would be attached to either the sion of the Senate. Of course, that is in Finally, it is our intent, serious intent, that we be finished for the year omnibus appropriations bill or one of observance of Tuesday, which is Veter- the appropriations bills that would be ans Day. Members will be given suffi- on Thursday of this week with adjournment at that time. going to the President for his signa- cient notice if any votes will occur on ture. Thursday. Mr. CONRAD. Will the leader yield At this point there is a possibility of for a question? Mr. CONRAD. So we will have a 6- a couple of votes on Thursday, that is, Mr. LOTT. I will be glad to yield to month extension. Thursday, November 13, and there are the Senator. Mr. LOTT. I am not sure. As I said, I some items that we would have to deal Mr. CONRAD. I thank the leader for don’t know what they came up with, with yet, either an omnibus appropria- his efforts to bring this session to a but necessary actions to provide for tions bill or the appropriations bills close. safety, transit funds, and flexibility separately, if they wind up coming f over some additional funds depending back to us in that way. But those THE HIGHWAY BILL on what they agreed to, which I assume would be the final items that we prob- Mr. CONRAD. Mr. President, I ask would take us to May 1. ably need to do before we adjourn for the leader his intentions when we re- But I do think, again, it is very im- the first session. turn, what the first order of business portant we have some deadline on this. The House has recessed until Wednes- would be. The leader and I had had a Otherwise, we will never bring this day, November 12, with the intention of chance to have a conversation last Fri- very important but very difficult issue concluding the appropriations process day, and he had indicated to me his in- to a conclusion. on that day. It is hoped that a few tention was at that time that we would other remaining items can be consid- Mr. CONRAD. As one of the first or- go to the highway bill when we return. ered by voice vote during Wednesday’s ders of business when we turn to the 6- Is that still the Senator’s intention. year bill. session of the Senate, although I em- Mr. LOTT. Mr. President, it would be Mr. LOTT. Right. phasize again no recorded votes. my intention. Of course, we would need Unfortunately, I cannot say at this to confer on that with the committee Mr. CONRAD. Which is what most of time exactly what we can expect on leaders. But I believe that Senator us would like to see, at least in this Thursday. As the Members are finding CHAFEE and Senator BAUCUS would like Chamber. We have a problem on the out now, the House did not get to a to take it up early. I talked with Sen- House side; they only want a 6-month conclusion on fast track. While we ator DASCHLE about it. That is some- bill, but we want a 6-year bill. have not had enough time yet to dis- thing I would like to maybe begin on cuss what happens next on that issue Mr. LOTT. Absolutely. the next day after the State of the with the House leadership or with the Do I have time? Union but right at that first part. So administration, Senator DASCHLE and I we can go ahead and do our work and, If the Senator will allow me to re- have talked this morning. I have hopefully, the House will follow our spond—and I will yield the floor if you talked to the President’s Chief of Staff. leadership. would like me to—the Senate, I be- They will be having meetings this One other issue that could come up lieve, has acted very responsibly on morning, and we would have some fur- early next year would be the juvenile this in terms of the package we had be- ther announcement to make perhaps justice bill reported out of the Judici- fore us, the 6-year package within the today or later on this week on what ary Committee. I believe there is some budget. Obviously, there will be some further will happen on the fast-track language in the omnibus bill that we important amendments to be offered. trade issue, if anything. Also, because passed that would provide funds for it, As the Senator is aware, it got tan- of the energy and time that went into but those funds are fenced until we do gled up on an unrelated issue, but that the fast-track efforts to come up with authorization. So that is something issue will not be hanging over us on the votes in the House late last night, that could come up. And before we go this bill when we come back. the House was not able to take up, of out for the President’s Day recess, we What has me worried is I believe course, and deal with the appropria- would also take up the Morrow nomi- tions bills. We will be working on that there are people really kind of inter- nation for a judicial position. ested in dragging this out because they today and Wednesday. Mr. CONRAD. I thank the Senator. If f want to keep the formula as it now is. I could just conclude the thought, a I think the existing formula is fun- MEASURE PLACED ON number of our States are very con- damentally unfair to States like my CALENDAR—H.R. 2513 cerned about the highway legislation own, and so I am very anxious for the Mr. LOTT. Mr. President, I under- because, although we are going to have Senate to keep the pressure on to move stand there is a bill at the desk due for a 6-month extension here, they are con- a 6-year bill that comes up with a fair- its second reading. cerned about having a short construc- er formula but also lives within budget The PRESIDING OFFICER (Mr. tion season and about our completing constraints. BROWNBACK). The clerk will report. work on a highway bill in a timely The legislative clerk read as follows: way. Mr. DORGAN. Will the Senator yield A bill (H.R. 2513) to amend the Internal Mr. LOTT. Will the Senator yield so just for a moment on that point? Revenue Code of 1986 to restore and modify I can bring him up to date on that? Mr. LOTT. I will be glad to yield. November 10, 1997 CONGRESSIONAL RECORD — SENATE S12437 Mr. DORGAN. The Senator from or we will never bring this important AMENDMENTS TO THE INTERNAL North Dakota [Mr. CONRAD] raised a issue to a reasonable conclusion. REVENUE CODE REGARDING question about the highway issue. I That is all I am pushing for. That is TAX-EXEMPT OUTPUT FACILITY just wanted to follow up briefly. why I have tried to push this bill all BONDS The Senator from Mississippi will re- this year. Frankly, in our own body I Mr. MURKOWSKI. Mr. President, call that the chairman of the transpor- think our colleagues made a mistake today we are on the verge of a revolu- tation committee of the other side by letting it drag out to this fall. I tion, the revolution of the trans- some many weeks ago indicated he thought it should have been done last mission and distribution of electricity would not even go to conference on a 6- spring. I had a tentative schedule for that is fast bringing about competition year bill, and so we got tangled up for the Senate to take it up in April of this and deregulation to both the wholesale a lot of reasons, including I think the year, last April. I know they had a hard and retail level. Nowhere has the com- desire of some on the other side only to time working it out in committee, but petitive model advanced further than consider a 6-month bill. That pole to their credit they worked it out and in the State of California, where full vaults this into next year at some brought out a good, broadly bipartisan deregulation will become a reality at point when the Senator talks about bill. the beginning of 1998. As many as 13 May 1. I understand and share with him It will be a focus that we need to other States representing one-third of the need to be some end date that ap- work on and we need to do it earlier in America have moved to competition in plies the pressure to say now we need the year, because if we wait until next the electric industry. These are States to get the 6-year bill and get it done, September right before elections, there with a significant population center. because we cannot continue this ap- will be no way we can do it. On Saturday, November 8, I intro- proach of incremental funding without Mr. DORGAN. Mr. President, I under- duced legislation referred to the Fi- some understanding by the States of stand the comments of the Senator nance Committee, and I believe that it what they have to work with in the from Mississippi. I really share his de- will enhance the States’ ability to fa- long run. sire to move on this early next year. I cilitate competition. The legislation I have not had an opportunity to think the committee has done an ex- arises from the Energy Committee’s in- make contact or have discussions with ceptional job. I like the highway bill tensive review of the electric power in- folks in the other body, but when they they brought to the floor, the 6-year dustry and from the Joint Tax Com- indicated an unwillingness even to go bill. If we can move something like mittee’s report that I requested. to conference if we come up with a 6- that early next year, I think we will Over the past two Congresses, the year bill, it suggests an approach radi- have provided some significant leader- committee has held 14 hearings and cally different than most of us in the ship. So I appreciate very much the workshops on competitive change in Senate would have wanted. leadership of the Senator from Mis- the electric power industry, receiving Mr. LOTT. That is absolutely the sissippi. testimony from more than 130 wit- case. But the problem they had in the Mr. LOTT. I yield the floor, Mr. nesses. One of the workshops specifi- House—we both served in the House; we President. cally focused on how public power util- know what it is like—highway infra- f ities will participate in the competi- structure and transportation funds are tive marketplace. At these and in other very, very important in every State. MORNING BUSINESS forums, concerns have been expressed This is not a partisan issue. This is an The PRESIDING OFFICER. Under by representatives of public power issue that divides us, some not really the previous order, there will now be a about the potential jeopardy to their even by regions; States side by side can period for the transaction of morning tax-exempt bonds if they participate in have a different view of the formula. business not to extend beyond the hour State competitive programs, or if they And I think they pushed the 6-month of 10:30 a.m., with Senators permitted transmit power pursuant to FERC proposal because they could not get the to speak therein for up to 10 minutes Order No. 888, or pursuant to a Federal votes for anything else right then. But each. Power Act section 211 transmission I think if the Senate does not show f order. leadership and keep the pressure on The Joint Tax Committee report, ti- MAKING FURTHER CONTINUING them, we will never get this issue re- tled ‘‘Federal Income Tax Issues Aris- APPROPRIATIONS, 1998 solved. ing in Connection with Proposal to Re- That is why I had not wanted to do Mr. LOTT. We do have the continu- structure the Electric Power Indus- anything akin to 6 months. I wanted us ing resolution and so I would just like try,’’ concluded that current tax laws to have some basic flexibility so States to take 1 minute and go ahead and effectively preclude public power utili- could reprogram, move funds around move that. ties from participating in State open and make sure we had the safety fund I ask unanimous consent that the access restructuring plans without but keep the heat on. Senate now turn to House Joint Reso- jeopardizing the tax-exempt status of But I think the best thing that we lution 105 making continuing appro- their bonds. Under the tax law, if the could do on that right now is to make priations through Friday, November 14; private use and interest restriction is sure there is not a short-term problem that the joint resolution be considered violated, the utility’s bonds become with availability of funds, realizing read the third time and passed and the retroactively taxable. that in the colder States you need to motion to reconsider be laid upon the These concerns have been echoed by do contracting in December and per- table, all without further action or de- the FERC. For example, in FERC Order haps early January to have those pro- bate. No. 888, the Commission stated the re- grams underway in the spring. The PRESIDING OFFICER. Is there ciprocal transmission service by a mu- But again, it is my intent for the objection? The Chair hears none, and it nicipal utility will not be required if Senate to go ahead and take up this is so ordered. providing such service would jeopardize issue and address it early to put pres- The joint resolution (H.J. Res. 105) the tax-exempt status of the municipal sure on the House and also so that was considered read the third time and utility. A similar concern exists if whenever they do get their act to- passed. FERC issues a transmission order gether and vote, we will be ready for Mr. LOTT. I yield the floor. under section 211 of the Federal Power conference. But I do think it is irre- The PRESIDING OFFICER. The Sen- Act. sponsible for a Member on either side ator from the State of Alaska. Mr. President, if consumers and busi- of the aisle, whether he or she be a Mr. MURKOWSKI. Mr. President, I nesses are to maximize the full benefits chairman or not, to say they are not believe we are in a period of morning of open competition in this industry it going to go to conference with the business? will be necessary for all electricity pro- other body if the other body doesn’t The PRESIDING OFFICER. That is viders to interconnect their facilities pass a bill that they like. We have correct. The Senator has up to 10 min- into the entire electric grid. Unfortu- feifdoms around here, but I believe we utes to speak. nately, this system efficiency is sig- should not have that type of attitude Mr. MURKOWSKI. I thank the Chair. nificantly impaired because of current S12438 CONGRESSIONAL RECORD — SENATE November 10, 1997 tax law rules that effectively preclude amount or value of the power that is forward especially to working with the public power entities—entities that fi- transmitted along those lines to pri- chairman of the Senate Finance Com- nanced their facilities with tax-exempt vate users. Moreover, participation in a mittee, Senator ROTH, who has been a bonds—from participating in State State open access plan could, de facto, leader in addressing tax issues relating open access restructuring plans and force public power entities to take de- to competition in this industry. Federal transmission programs, with- fensive actions to maintain their com- f out jeopardizing the exempt status of petitive position which could inevi- INTERMODAL SURFACE TRANS- their bonds. tably lead to retroactive taxation of PORTATION EFFICIENCY ACT No one wants to see bonds issued to their bonds. Such actions would in- finance public power become retro- clude offering a discounted rate to se- Mr. HATCH. Mr. President, I was actively taxable because a municipal- lective customers or selling excess ca- very pleased that the Senate has acted ity chooses to participate in a State pacity to a broker for resale under on S. 1454 and want to commend Sen- open access plan. That would cause long-term contract at fixed rates or ators CHAFEE, WARNER, BAUCUS, and havoc in the financial markets and discounted rates. BOND for coming up with this extension could undermine the financial stability I have also heard from the California bill for the Intermodal Surface Trans- of many municipalities. At the same Governor and members of the Califor- portation Efficiency Act [ISTEA]. De- time, public power should not obtain a nia Legislature about many of these spite the fact that this temporary ex- competitive advantage in the open problems and the need for legislation tension of ISTEA is just that—tem- marketplace based on the Federal sub- to address them. I stand ready to work porary—and obviously not a preferred sidy that flows from the ability to with them and representatives from way of doing business, I welcome it. I issue tax-exempt debt. Clearly we must other States to solve this problem as join in urging the House of Representa- provide for the transition to allow pub- part of the legislation I have intro- tives to take it up and pass it. It will lic providers to enter the private com- duced. provide a modicum of certainty for the petitive marketplace without severe Mr. President, my bill allows public States given that we were unable to economic dislocation for municipali- power to participate in the new com- pass S. 1173, the 6-year reauthorization ties and consumers. petitive world and provides a safe har- of ISTEA. To remedy this dilemma, I have in- bor within which they can transition We all know that ISTEA is an essen- troduced legislation that will allow from tax-exempt financing to the level tial piece of legislation. It is precisely municipal utilities to interconnect and playing field of the competitive mar- because of its great importance and compete in the open marketplace with- ketplace. In addition, the legislation significance to every State that it gen- out the draconian retroactive impacts recognizes that there are some trans- erates controversy. Among the many currently required by the Tax Code. My actions that public power entities en- controversial issues associated with bill is modeled after legislation that gage in that should not jeopardize the the reauthorization are certain labor passed Congress last year which ad- tax-exempt status of their bonds under provisions, safety and environmental dressed electricity and gas generation current law and seeks to protect those concerns, and the always difficult issue and distribution by local furnishers. transactions by codifying the rules of the distribution of highway funding. My bill removes the current law im- governing them. This list may need to Believe me, I am well aware of how pediments to public power’s capacity be expanded and I look forward to the difficult it is to build majorities—and, to participate in open access plans if input of the affected utilities in this re- in the case of ISTEA, a super-major- such entities are willing to forego fu- gard. ity—on controversial legislation. ture use of federally subsidized tax-ex- In general, the exceptions contained Let me say unequivocally for the empt financing. If public power entities in this bill closely parallel the policies record that I support the 6-year author- make this election, and choose to com- enunciated in the legislative history of ization measure that Senator CHAFEE pete on a level playing field with other the amendments made in the 1986 Tax and the other members of the Environ- electric power suppliers, tax exemption Reform Act. For example, the sale of ment and Public Works Committee of the interest on their outstanding electricity by one public power entity brought to the Senate floor last month. debt will be unaffected. They will be al- to another public power entity for re- Though it would be hard to imagine lowed an extended period during which sale by the second public power entity any transportation funding bill being outstanding bonds subject to the pri- would be exempt so long as the second 100 percent perfect from the standpoint vate use restrictions may be retired in- public power entity is not participating of any one State, this bill was a solid stead of retroactive taxation, which is in a State open access plan. In addi- bill and one I was pleased to support. the situation under existing law. The tion, a public power entity would be al- In fact, I voted for this bill four times relief provided by my bill applies lowed to enter into pooling and swap in the form of four cloture votes. equally to outstanding bonds for elec- arrangements with other utilities if But, Senator CHAFEE, despite his best tric generation, transmission, and dis- the public power entity is not a net efforts, was not allowed to move this tribution facilities. This would occur 6 seller of output, determined on an an- bill. Unfortunately, as we all know, months after the date of the bonds. nual basis. Finally, the bill contains a ISTEA fell victim to the efforts of Mr. President, without this legisla- de minimis exception for sale of excess those on the other side of the aisle to tion, public power will face an unten- output by a facility when such sales do force the Senate to act on another able choice: either stay out of the com- not exceed $1 million. piece of legislation; namely, campaign petitive marketplace or face the threat Mr. President, this legislation at- finance reform. of retroactive taxability of their bonds. tempts to balance many competing in- Well, Mr. President, I am here to tell With this legislation, public power will terests. This will be a difficult transi- you that Utahns are indeed interested be able to transition into the competition and this legislation does not ad- in campaign finance reform. But, at tive marketplace. dress all the difficult problems to be the moment, with numerous road con- Let me provide a few examples of faced. This is why I emphasize today struction projects underway, and fac- real-world choices that public power that this is a starting point for discus- ing a 2002 deadline for the Winter faces today. According to the Joint sion over the months ahead. Olympic Games, they are equally if not Tax Committee report, the mere act of I look forward to receiving comments more interested in ISTEA. transferring public power transmission from all interested parties and will en- The people of every State in the lines to a privately operated independ- courage Finance Committee Chairman Union are going to pay dearly for the ent service operator [ISO] could cause ROTH to hold hearings on this bill early filibuster waged against ISTEA for the the public entity’s tax exempt bonds to next year. sake of campaign finance reform. They be retroactively taxable. Similarly, a I am open to making revisions to this will be paying for it with bad roads, transfer of transmission lines to a bill consistent with a public policy unrepaired bridges, and unimproved State operated ISO could, in many in- that emphasizes a level playing field mass transit. They are going to pay for stances, trigger similar retroactive loss and a soft transition to competition for it with delays in making the necessary of tax-exemption depending on the our important public utilities. I look improvements. November 10, 1997 CONGRESSIONAL RECORD — SENATE S12439 The Environment and Public Works tive assistant on my staff who will be subject, and expressed the hope, which Committee did its job. Senator LOTT leaving the Senate at the end of this I repeat here, that it is an issue that did his job in calling the bill up for de- session. With his good humor and hard will seriously be considered by both bate. But, it takes 60 votes to cut off a work, Derik has been a tremendous Houses of Congress during the course of filibuster and pass a bill. We tried four asset as we have worked on issues im- the next year. times. pacting North Dakota. One major portion of that bill, S. I am not enthusiastic about this A native of Bismarck, ND and grad- 1401, is a title dealing with the Pacific short-term bill. It is a far cry from uate of Colorado College, Derik joined Northwest fish and the management of what we should have done earlier and my Washington office in May 1995, and the Columbia River system. I greatly what I hope we will do at our earliest was immediately drawn into some of appreciated Senator BUMPERS’ willing- opportunity next year. the most important issues that ness to put his name on those regional But, we have to be realistic about confront our State. His portfolio— provisions, as he did in my case, I be- where we are today. And we have to which includes water projects and dis- lieve, with respect to the provisions face the reality that the 6-year ISTEA aster relief—bears witness to the fact dealing with the Tennessee Valley Au- reauthoritzation bill did not pass this that he has served at a critical time in thority. year. Under such circumstances, I our State’s history. This morning I wish to speak briefly think that the majority leader would Derik played a pivotal role in the on the fish and wildlife issues that are have been entirely justified in not aftermath of this year’s historic disas- a part of S. 1401. The bill does not ad- bringing up and facilitating the pas- ters. He worked with the Corps of Engi- dress, Mr. President, except in the sage of the short-term extension. He neers, as well as with the different most general way, the critical need for could easily say to Senators that we mayors and local officials up and down an improved ‘‘river governance’’ proc- should stew in our own juice. the Red River Valley, to address the ess, especially with respect to issues So as a Senator from a State severely daily crises associated with what was relating to fish and wildlife. This omis- affected by the failure to move ahead dubbed ‘‘Blizzard Hannah’’ and the mil- sion should not be misinterpreted. Leg- on ISTEA, I appreciate that he took lennium flood. Even more signifi- islation may well be needed in this the high road. The short-term bill will cantly, he helped design and imple- area to assure that the multiple pur- at least relieve the vulnerable position ment the Federal assistance strategy, poses of the Federal power system are States would be in under no ISTEA au- which has provided the groundwork for protected together with the public ben- thority at all. North Dakota’s long road to recovery efits that they bring. But, I want the people of Utah to and more than $770 million in Federal I hope that over the next several know that I will be working hard in the aid. months the region can reach a consen- months ahead to support the Senator Derik has also been of great help sus on these issues, including who pays from Rhode Island and the Senator with the ongoing water problems fac- the costs associated with needed ac- from Montana in the effort to get the ing North Dakota. He has worked to tions. Bonneville ratepayers currently 6-year ISTEA bill passed in the Senate ensure that the Federal Government fund this effort through their power and into conference with the House. responds adequately to the unfolding rates at a cost of $435 million a year on f tragedy in Devils Lake. In addition, he average, and their ability to make ad- has been the point person on my staff ditional contributions to this effort EXTENSION OF MORNING for producing a reformulated Garrison and still meet other statutory obliga- BUSINESS Diversion project. With Derik’s able as- tions is increasingly constrained by an Mr. MURKOWSKI. Mr. President, I sistance, we have forged an unprece- increasingly competitive, deregulated ask unanimous consent that morning dented political consensus among wholesale electric energy market. In business be extended until noon today. North Dakota’s elected political lead- forging a financing package, it will be The PRESIDING OFFICER. Without ership on a revised plan to address the important to look to all who benefit objection, it is so ordered. State’s long-term water needs. And in from this important natural resource Mr. MURKOWSKI. I yield the floor. the middle of all of this, he ran Grand- to assume their fair share of financial ma’s Marathon in Duluth, MN. f responsibility, and to act consistently We will miss you, Derik. I commend with sound business principles by hold- PRIVILEGE OF THE FLOOR you for your tireless work and wish ing administrative costs to as low a you the very best in your future en- Mr. DORGAN. Mr. President, I ask level as possible. deavors. unanimous consent that the privilege Mr. President, I suggest the absence Money alone, however, is not the an- of the floor be granted to Ruth of a quorum. swer. Today, the salmon recovery ef- Fleischer and Andrea Nygren. Andrea The bill clerk proceeded to call the fort is failing. It is failing because of a Nygren is a fellow. I ask floor privi- roll. flawed process for decisionmaking. leges be granted today to both these Mr. GORTON. Mr. President, I ask This process has conflicting goals. It members of my staff. unanimous consent that the order for disperses decisionmaking authority The PRESIDING OFFICER. Without the quorum call be rescinded. among many Federal and State agen- objection, it is so ordered. The PRESIDING OFFICER (Mr. ROB- cies and tribes and has little account- The Senator from the great State of ERTS). Without objection, it is so or- ability for cost effective results. North Dakota. dered. To make real progress, we need a re- Mr. CONRAD. I thank the Chair, and f gional plan; a plan in which all govern- especially thank him for his character- mental interests—States, tribes, and ization of my State. RIVER GOVERNANCE AND FISH the Federal Government—are partners, The PRESIDING OFFICER. The Sen- WILDLIFE ISSUES FOR ELEC- together with economic and environ- ator from North Dakota is recognized. TRICITY RESTRUCTURING mental interests, for success. And suc- Mr. CONRAD. I thank the Chair. Mr. GORTON. Mr. President, late cess will mean the achievement of (The remarks of Mr. CONRAD and Mr. last week the distinguished Senator clearly defined goals measured by un- DORGAN pertaining to the introduction from Arkansas, Senator BUMPERS, and ambiguous results; results that rely on of S. 1515 are located in today’s RECORD I introduced broad-based electricity re- the best science of how to improve the under ‘‘Statements on Introduced Bills structuring legislation. Each of us survival of downstream smolts and and Joint Resolutions.’’) spoke to that legislation at that time. that assure adequate escapement of re- f We expressed the belief that this first turning adults to the spawning beds. bipartisan approach to a major na- All northwesterners care about our TRIBUTE TO DERIK FETTIG tional issue facing the country would salmon resources. We argue sometimes Mr. CONRAD. Mr. President, I rise trigger even more serious consider- about the best way to reach our shared today for the purpose of recognizing ation than has been given during this goals but it is vital to remember that the efforts of Derik Fettig, a legisla- first session of this Congress to that we share the goal of preserving and S12440 CONGRESSIONAL RECORD — SENATE November 10, 1997 protecting our anadromous and resi- ber as such since 1930. We have pro- are complex. To quote from Dr. dent fish and wildlife while also provid- ceeded in this mode, through periods of Morici’s report, he says, ‘‘History ing a reasonable and continuing har- trade surpluses, trade deficits and rel- seems to confirm the importance of vest for Columbia River tribes, com- atively evenly balanced accounts. multidirectional causality.’’ mercial fishermen, and sports anglers. The most important thing to state is Here is an able economist looking at I will continue to listen to the stake- that the current trade deficit is not a the conventional wisdom, which I have holders interested in a comprehensive result of trade policy. It is a result of been setting forth, and saying, ‘‘No, approach. I am aware that the region’s budget policy. It is a result of the deci- matters are more complex than that,’’ Governors and their transition board sions which I think now are behind us which one welcomes. That is how any may look to a group of ‘‘three in which during a long 15 year period science, any field of inquiry advances. sovereigns’’—Federal, State, and trib- we incurred an enormous national debt When persons challenge the accepted al—to construct such a framework, to- in consequence of a long sequence of judgment of the time, sometimes a new gether with other economic and envi- very large budget deficits. This is not paradigm emerges. ronmental stakeholders. This and to say that the budget deficit is the But, in arguing the importance of other creative thinking on how to only determinant of trade deficit, but multidirectional causality, Dr. Morici maintain both the economic and public it is the key indicator of the matter be- does not deny the importance of the benefits of the Bonneville system will cause it is the relationship between do- deficits of the early 1980’s. He writes. be critical to Congress as we move for- mestic savings, which until this year . . . the combination of Reagan Adminis- ward with this legislative package. has been substantially reduced by an- tration tax cuts and new defense spending in- I suggest the absence of a quorum. nual Federal deficits in excess of $100 creased the combined government current The PRESIDING OFFICER. The billion, and domestic investment. and capital account deficit from $34 billion clerk will call the roll. That is the key, but not only factor in 1981 to about $146 billion in 1983, and the The bill clerk proceeded to call the in the sense of which, as economists demands imposed by the U.S. Treasury on roll. would say, the trade deficit is a de- capital markets drove U.S. interest rates pendent variable. I have a chart to well above German and Japanese levels. Mr. MOYNIHAN. Mr. President, I ask High U.S. interest rates served the purpose unanimous consent that the order for make this point. It is not any more complicated than most of the charts we of attracting foreign private investment to the quorum call be rescinded. finance growing U.S. government defi- The PRESIDING OFFICER. Without bring to the floor these days in the age cits. * * * objection, it is so ordered. of television. In 1975, the United States was a cred- I will take the liberty of repeating f itor nation. We owned net foreign as- that sentence: ‘‘High U.S. interest SIGNIFICANCE OF THE TRADE sets of some $74 billion. By 1996, we had rates served the purpose of attracting DEFICIT become a debtor nation with a world- foreign private investment to finance growing U.S. government deficits.’’ Mr. MOYNIHAN. Mr. President, there wide negative net investment of $871 has been considerable discussion on the billion. You go from a surplus to being In turn, these foreign private capital flows created much increased demand for dollars Senate floor in the last week in the a net debtor in the amount of almost $1 trillion. Foreign investors have more in foreign-exchange markets and the real ex- matter of the fast-track legislation, as change rate for the dollar rose more than 50 we refer to it, about the trade deficit capital in the United States than we percent. In large part, it was the apprecia- and the size of the present deficit and have abroad on balance, and that re- tion of the dollar that caused the trade defi- the projections that it will increase. flects the increase in our Federal debt. cit to rise from $16 billion in 1981 to more It has been suggested that this defi- In 1975, we had a Federal debt of $395 than $100 billion a year from 1984 to 1988. cit began to take form in the context billion. In 1996, we had a Federal debt Dr. Morici’s analysis points to the of the 1974 legislation providing fast- of $3.733 trillion. The net result was a causality. It may be more complex track authority to the President, and trade deficit in a manner that is en- than we now suppose, but basically, if that to extend that authority would tirely predictable. What we understand you have as large a budget deficit as we about economics, the general consen- only be to continue and deepen that ran in the 1980’s, you will raise interest sus of economists is such that if you deficit. rates, your dollar will appreciate, and were to propose that such a change in My very good friend from Maryland the result is a trade deficit. net budget deficits would take place, has been I think of this view. My col- Earlier, I was commenting with my the economics profession overwhelm- league and friend from North Dakota friend from Michigan, Senator LEVIN, ingly would say then your trade bal- has proposed a commission to look into that the strong dollar of the 1980’s ances will change in the same direc- the whole matter, which can do no seemed to many people a statement tion. harm as long as we keep to the eco- It is also clear that foreign persons that somehow we had a strong econ- nomics of this matter as it is now un- will end up with the dollars that we omy. Just the opposite. And Senator derstood. need to borrow. Given that our savings LEVIN suggested, if we can, we get rid Many persons have opposed fast- rate is so low because our deficits are of that usage ‘‘strong dollar’’ or ‘‘weak track legislation because of the deficit, so high, foreign persons will end up dollar’ as if they were some reflection and it seems to me necessary, useful to with dollars to lend us only if they ex- on the general state of the economy as put into the RECORD the fact that these port more to us than we export to against the price of money, which is are not in fact connected any more them. what it is all about. than in 1974 the fast-track authority Last week it was noted on the floor What has puzzled many is why the represented some break in the Execu- that an October 1997 report entitled process has not reversed since we have tive role in trade. It did not. From 1934 ‘‘The Trade Deficit: Where Does It brought the deficit down. Why hasn’t on, since the time of the Reciprocal Come From And What Does It Do?’’ by the trade deficit declined as the budget Trade Agreements Act, the President Peter Morici, of the Economic Strat- deficit has declined? This is a fair ques- has had one form or another of nego- egy Institute, a group founded in 1989, tion. However, economists have never tiating authority delegated to him by in effect challenged the traditional argued that budget deficits caused the Congress in the aftermath of the mainstream economic view that trade trade deficits but, rather, that trade fearsome experience of the Smoot- deficits are closely related to the im- deficits result when domestic saving is Hawley Tariff Act of 1930, when we balance between domestic savings and not sufficient to support domestic in- brought a tariff bill to the Senate floor domestic investment. Again, I say, Mr. vestment. and in the end disabled our own econ- President, it is the mainstream view of In the early 1980’s, it was easy to omy, or helped to do, and set the world economists that this is a pattern that identify the huge Federal budget defi- economy into a downward spiral. If you is almost automatic; that the trade cits as the source of the savings short- would list five events that led to the deficit is a dependent variable related fall. Now it is more complex, but let Second World War, the Smoot-Hawley to the level of domestic savings. me note several factors. We have a Tariff Act of 1930 would be one. And we I am not going to argue, dispute the strong economy with expansion now in have not had a tariff bill in the Cham- fact that the causes of the trade deficit its seventh year. For the first time in November 10, 1997 CONGRESSIONAL RECORD — SENATE S12441 10 years the growth of real gross do- tural exports grew by 40 percent, and The United States must be at the table when mestic product has averaged more than service exports by 26 percent. These are the deals are being done. 4 percent for four quarters. Not unex- not the signs of economic weakness, Just as important, however, is the ability to deal intelligently from a position of pectedly, with a strong economy notwithstanding the trade deficit. strength and to ensure actual fulfillment of straining at full employment, invest- Finally, I make the point that if bargains once they are struck. So far the ment has increased over the past 5 there is one cloud over the horizon fast-track debate has focused on whether or years from about 9 percent of GDP to with respect to the trade deficit, it is not the president should be compelled to de- 10 percent as firms strive to meet de- the looming retirement of the baby mand adherence to certain environmental mands by adding new plants. At the boom generation. With this in mind, I and labor standards by our trading partners. same time—and here is a mystery for agree that it would be preferable to run These are no doubt important issues and worthy of debate, but they are likely to be which you will find no explanation on trade surpluses to accumulate assets irrelevant if the United States is not the part of this Senator—at the same abroad so that the burden of financing equipped to analyze, negotiate, monitor, fi- time, private saving has declined from the retirement of the baby boom gen- nance and enforce potential deals as well as about 16 percent of GDP to about 15 eration can in part be financed with its trading partners. percent during this period. That is earnings from those foreign assets. In the past, this has not always been the why, during the period 1992 to the Last week I introduced a Senate reso- case, and as the administration now requests present, the trade deficit as a percent- lution which resolved that: authority to enter the most complex trade talks it has ever attempted with China, age of GDP has not declined, even as It is the sense of the Senate that: Latin America and the World Trade Organi- (1) any unified budget surpluses that might the budget deficit has fallen dramati- zation, the shape of the U.S. global economic arise in the current expansion should be used cally. team and effort can only be described as ane- to reduce the Federal debt held by the pub- In an op-ed article last month in the mic. Wall Street Journal, Robert Eisner, a lic; and For example, the President’s Commission (2) to achieve this goal during this eco- distinguished professor emeritus at on Trade and Investment in Asia, on which I nomic expansion that there be no net tax cut served as vice chairman, reported in April Northwestern University and former or new spending that is not offset by reduc- president of the American Economic that despite rapidly rising exports, U.S. tions in spending on other programs or tax firms are actually losing market share in Association, reminded us of the gains increases. Asian markets because U.S. exports are not from trade that accrue to all nations. Adoption of that resolution and the keeping up with market growth. Indeed, dur- He wrote: policies it suggests will increase na- ing the past 10 years, the growth of European The U.S. has the mightiest economy in the tional savings, as we should during an exports to Asia has far outstripped that of world, and generally the most productive. expansion phase of the business cycle. U.S. exports. Reasons for this were found to The classical economic law of comparative Even if one believes, as the Economic be inadequate. Export-Import Bank financ- advantage, going back to David Ricardo, Strategy Institute report suggests, ing, the virtual elimination of U.S. aid dona- tells us that, even if a country is more pro- tions in the region, the absence of U.S. con- ductive than other countries in all areas, it that mainstream economic theory does cessionary loans, the closure of consulates can gain from trade. It does so by specializ- not adequately explain the trade defi- and inadequate staffing of business-pro- ing in those industries in which it has the cit, that view does not require one to motion positions at U.S. embassies. greatest advantage, and exporting their oppose fast track. In fact, Mr. Clyde Beyond these inadequacies in Asia is the products. It then imports from others the Prestowitz, president of the Economic fact that the U.S. international economic products of industries on which it has a less- Strategy Institute, supports this legis- team in Washington is too lean to be mean. er advantage. lation. In an op-ed article in the Wash- In the Office of the U.S. Trade Representa- tive, only two professionals make up the Even though there is an advantage in ington Post last month, Prestowitz both cases, you maximize by con- staff of the section dealing with all of the ne- wrote: gotiations with China. The Commerce De- centrating on the most pronounced. Congress must give the President fast partment’s China office has only four people As Professor Eisner notes, the United track. It is inconceivable that the United left after recent budget cuts. The trade rep- States has the mightiest economy in States will not be at the table when the resentative’s Japan office also has only two the world. We are in a period of unprec- globalization cards are dealt. people to deal with the enormous range of is- edented economic expansion with real Inconceivable last week. Very near to sues that continually arise with Japan. Six growth at 4 percent; unemployment at probable today, I have to say with attorneys struggle to keep on top of the 36 4.7 percent, a 24-year low; measured in- great regret. But it is a point to be cases the United States is currently litigat- flation of about 2 percent and a budget ing in the World Trade Organization. made that in the U.S. Senate, by 2-to- Another example of U.S. organizational deficit rapidly approaching zero. Our 1 margins, we have supported fast weakness became apparent last year when economy is the envy of Western Europe track, and should there be a change of the American Chamber of Commerce in and Japan. On average, G–7 countries spirit in the other body, we will be here Japan conducted an evaluation of all the have roughly half our growth rate and in that same position, hoping to be of various trade agreements between the Unit- half again as much unemployment. service and knowing the consequences ed States and Japan over the past 20 years. While undesirable in the long run, of failure on all our parts. This turned out to be a more difficult task our trade deficit has not undermined With that, Mr. President, I ask unan- than initially anticipated because chamber officers could find no one in the U.S. govern- our economy. As the chart makes imous consent the Prestowitz article clear, there appears to be no relation- ment who had even a list of all the deals— be printed in the RECORD, and I yield much less any idea of whether their terms ship between the size of the trade defi- the floor. actually were being observed. After the cit and the unemployment rate. The There being no objection, the mate- chamber complied its own list and polled in- unemployment rate has gone up and rial was ordered to be printed in the dustry negotiators, along with current and down, up and down. It was very high in RECORD, as follows: past government negotiators, it concluded the early 1980’s when the interest rates [From the Washington Post, Oct. 9, 1997] that, of 45 agreements, only 13 were being were very high, and the Federal Re- fully implemented. Based on its review, the KEEPING ON TOP OF TRADE chamber made several recommendations reserve Board undertook to break the in- (By Clyde Prestowitz) flation at the time, and now down to garding how to achieve better success in fu- President Clinton needs the ‘‘fast-track’’ ture negotiations. Among other things it the lowest level in 24 years. In the authority he has requested from Congress to called for concrete, measurable objectives, meantime, this trade deficit has grown. keep the United States involved in the criti- better industry and country knowledge and But as should be very clear from this cal international negotiations that are re- language skills among U.S. negotiators, and chart, there is no relation one to the shaping the world economy. But to persuade persistent follow-up of agreements once other. It is not a causal relationship of reluctant members of Congress to go along made. With the U.S. trade deficit with Japan any kind. At least, it has not been es- and to be able to negotiate effectively, he exploding again, these recommendations tablished as such, and I do not think it also needs to articulate a comprehensive, take on added urgency. concrete global action plan. Congress must give the president fast is possible to do so. Today’s trade negotiations are akin to the track. It is inconceivable that the United U.S. industrial production increased arms talks of the Cold War era, for in the age States will not be at the table when the 18 percent from 1992 to 1996. Over the of geo-economics they will determine the globalization cards are dealt. But the United same period, U.S. manufactured goods balance of power just as surely as did the po- States also must have the means and a plan exports increased 42 percent, agricul- litical and military bargaining of the past. to mount a serious international economic S12442 CONGRESSIONAL RECORD — SENATE November 10, 1997 effort rather than simply negotiating agree- the largest single transfer from a polit- Let’s look at what was happening ments that are not enforced and that no one ical party to a tax-exempt organization around the time the money transfer remembers. in the history of American politics— took place. For months prior to elec- Mr. BENNETT addressed the Chair. $4.6 million, which the Republican Na- tion day, Haley Barbour and the RNC Mr. LEVIN. Will the Senator from tional Committee gave to Americans had been complaining about a tele- Utah yield for a unanimous-consent refor Tax Reform in October 1996, the vision ad campaign funded by orga- quest? I ask unanimous consent that final month before the 1996 elections. nized labor and others criticizing the immediately following the remarks of As this chart shows, over two-thirds Republican Party on the issue of Medi- the Senator from Utah, that I be recog- of the money which ATR received in care. The RNC and Haley Barbour were nized for up to 15 minutes in morning 1996, this tax-exempt organization, telling anyone who would listen that business. over two-thirds of that money came the ads were distorting the facts and The PRESIDING OFFICER. Without from the Republican National Commit- that Republicans were not out to cut objection, it is so ordered. tee. The size of this transfer is unprece- Medicare. And yet, the RNC waited Mr. BENNETT. Mr. President, may I dented. There is no record of an Amer- until October, the final month before inquire as to the parliamentary cir- ican political party giving even $1 mil- the election, to start spending funds to cumstance? Are we in morning busi- lion to a tax-exempt organization, respond to those ads. Here is Haley ness? much less four times that amount. Barbour, at an October 25, 1996, press If the Democratic National Commit- The PRESIDING OFFICER (Mr. conference, explaining the RNC’s deci- tee had given $4.6 million to a labor BURNS). The Senator is correct. The sion to delay spending: Senate is in morning business with union or environmental group in the [W]e made the decision not to borrow Senators permitted to speak for up to month before the 1996 elections, I have no doubt that there would have been a money last year or early this year in order 10 minutes. to try to compete with the unions and the Mr. BENNETT. May I ask unanimous searching investigation of the facts, if not full scale public hearings—and it other liberal special-interest groups’ spend- consent that I be allowed to continue ing. You see, our campaigns do come into the would have been totally appropriate. for up to 20 minutes, if that becomes real election season late September and Oc- But here—where the money was paid necessary? tober without having spent all the money by the RNC to a tax-exempt group The PRESIDING OFFICER. Without that—to match what the unions were doing. whose efforts were aimed at attacking objection, it is so ordered. And you will see us—you are seeing now, and Democrats—not a single hearing wit- have been throughout the month of October, The Senator from Utah is recognized. ness was called. Worse, the Govern- you are seeing Republicans using the re- Mr. BENNETT. I thank the Chair. mental Affairs Committee failed to sources that we’ve raised in voluntary con- (The remarks of Mr. BENNETT per- interview a single person from either tributions to finish very strong, to make taining to the introduction of S. 1518 the Republican National Committee or sure our message is in front of voters when are located in today’s RECORD under they are making their voting decisions. Americans for Tax Reform about this ‘‘Statements on Introduced Bills and transfer. Given its mandate, the Com- What steps was the RNC taking to Joint Resolutions.’’) mittee’s failure to investigate the $4.6 ensure that its message was in front of Mr. JOHNSON. Mr. President, I ask million was a highly partisan act voters when they are making their vot- unanimous consent to speak in morn- which denied the Senate and the Amer- ing decisions in October? One step was ing business immediately following the ican public important information. to funnel $4.6 million in soft money to remarks of the Senator from Michigan. But even without depositions or ATR which used the money on a mas- The PRESIDING OFFICER (Mr. interviews or testimony, there is sive direct mail and phone bank oper- THOMAS) Without objection, it is so or- enough evidence through publicly ation, targeting 150 congressional dis- dered. available documents and the limited tricts with 19 million pieces of mail Mr. LEVIN addressed the Chair. document production by the RNC, and 4 million phone calls. The PRESIDING OFFICER. The Sen- ATR, and some banks to piece together ator from Michigan is recognized for 20 The subject of the ATR mailings and the outline of a coordinated campaign phone calls was just what Haley minutes. effort involving ATR that appears to Mr. LEVIN. I thank the chair. Barbour referred to in his statement to circumvent hard and soft money re- the press—Medicare. The title of one f strictions, to duck disclosure, and to ATR mailing says it all: ‘‘Straight PRIVILEGE OF THE FLOOR misuse ATR’s tax-exempt status—all of Facts About You, Medicare and the No- which calls out for an appropriate in- vember 5 Election.’’ This mailing urged Mr. LEVIN. Mr. President, I ask vestigation by the Department of Jus- unanimous consent that Gail Perkins senior citizens to ignore political scare tice and the Treasury Department. tactics and stated ‘‘[t]here’s barely a be granted privileges of the floor for Let’s begin with what was said at the difference between the Republican the balance of morning business. time about the $4.6 million transfer. In Medicare Plan and President Clinton’s The PRESIDING OFFICER. Without public statements, both RNC Chairman Medicare Proposal.’’ objection, it is so ordered. Haley Barbour and ATR President Gro- f ver Norquist denied that the money Did the RNC know what ATR was going to do with the $4.6 million? Haley MISSING HEARINGS FROM THE transfer was part of any coordinated effort between the two organizations. Barbour and Grover Norquist told the SENATE CAMPAIGN FINANCE IN- American public no, but let’s look at a VESTIGATION. Mr. Barbour told the Washington Post on October 29, 1996, that ‘‘he had no un- document produced by the RNC enti- Mr. LEVIN. Mr. President, on the derstanding with Norquist about how tled, ‘‘Memorandum for the Field last day in October, Senator THOMPSON the money would be spent,’’ while Mr. Dogs.’’ I ask unanimous consent that announced that the Senate Govern- Norquist told the press that he had this document and others I will men- mental Affairs Committee was sus- made ‘‘no specific commitment’’ to the tion in my statement be included in pending its campaign finance hearings RNC on how ATR would use the money. the record after my remarks. in part because the committee did not In short, the two principals would have The PRESIDING OFFICER. Without have the caliber of witnesses and infor- the American public believe that in the objection, it is so ordered. mation to justify continuing the hear- final weeks before election day 1996, (See Exhibit 1) ings. the RNC gave away $4.6 million to a Mr. LEVIN. This ‘‘Memorandum for Mr. President, the Democrats on the supposedly nonpartisan, independent Governmental Affairs Committee were organization with no understanding or the Field Dogs’’ is a document which, promised 3 days of hearings during Sep- expectation as to how that money again, came from the files of the Re- tember or October on a number of would be used. publican National Committee and unexamined issues involving important Not only does common sense tell us states the following in its entirety: events during the 1996 elections. Had that this is unlikely, but the facts and Re: Outside Mail and Phone effort, that commitment been kept, one of the documents behind this transaction in- Attached is a rotten copy of the 1st of 3 days would have been spent looking at dicate that it simply was not so. mail piece[s] that will be sent to 150 selected November 10, 1997 CONGRESSIONAL RECORD — SENATE S12443 congressional districts it will be directed at A closer look shows that the $4.6 mil- made contributions to a number of organiza- [sic], ‘‘a map of which has been included for lion was, in fact, not one donation, but tions that are like-minded, share our views, your viewing pleasure.’’ four payments spread throughout the promote our ideas. We discussed this effort during Wednes- month of October. And if we compare Then he went on to say the following: day’s conference call. As you know, when we do advertising, This is an effort undertaken by Americans the timing of each payment to the bill- when we do advocacy, no matter what we do, for Tax Reform. They are attempting to ing dates for the direct mail-phone we typically have to pay for it, either totally warn seniors about Democrat Mediscare tac- bank operation, we find that each do- with FEC dollars or a mixture of FEC and tics. . .’’ nation came at a very convenient mo- non-FEC dollars. While our fundraising This memo to the field personnel pro- ment for ATR. among small donors has been nothing short vides clear evidence that the RNC had According to the invoice, ATR owed of spectacular, we often find ourselves in the advance information about ATR’s John Grotta an initial payment of position where we cannot match up non-FEC mailing effort. It shows that the RNC $195,177.50 on October 7, 1996. On Octo- funds with enough FEC funds. had a copy of ATR’s first direct mail ber 4, 1996, three days before that ini- Those are the key words, ‘‘We find piece even before it was sent out. In tial payment was due, the RNC gave $2 ourselves in the position where we can- the words of the memo, attached is a million to ATR. The RNC didn’t write not match up non-FEC funds with copy of the first of three mail piece[s] a check to ATR—it wired the funds di- enough FEC funds.’’ To put it in words that will be sent. rectly into ATR’s bank account. Five which are more familiar to the Amer- It shows that the RNC knew it was days later, on October 9, ATR paid its ican public, ‘‘We cannot match up soft the first of three mailings, and that it bill to John Grotta. money with enough hard money.’’ was being sent, not to specified cities Two weeks after that, ATR faced an- Haley Barbour went on to say at that or counties or zip codes, but to speci- other $1,313,677.40 in bills owed to John press conference: fied Federal Congressional districts— Grotta. These bills were due on October So, when we came to that point, we de- 150 congressional districts to be exact— 18 and October 22. And what should cided we would contribute to several groups that it will be directed at. And to en- happen on October 17, but that the RNC who are like-minded and whose activities we sure that RNC field personnel knew provided a second, well-timed donation think, while they’re not specifically politi- precisely which districts had been tar- to ATR—this time in the amount of $1 cal, we think are good for the environment geted, the memo includes a map * * * million. Again, this money was wired for us. for your viewing pleasure. directly into ATR’s account. Within In an article in the Washington Post The fact that the mailing targeted days of receiving it, ATR paid John on February 9, 1997, again referring to congressional districts, rather than Grotta $1,418,544.38. the RNC contribution to ATR, Mr. cities or zip codes, shows clearly an ATR had another John Grotta bill Barbour was quoted as saying that election-related intent. The fact that due on October 24, 1996—this one in the groups like ATR ‘‘ ‘have more credibil- this information was communicated to amount of $1,104,000. On October 23, ity’ in pushing a political message than RNC field personnel doing election-re- 1996, however, the total in ATR’s bank the parties themselves.’’ So here we lated work at the time is more evi- account was $216,344.93. But once again, have Mr. Barbour saying that the RNC dence. The memo also states that RNC ATR got the money it needed. On Octo- gave ATR $4.6 million in soft money, field personnel had discussed the effort ber 25, 1996, the RNC made a third well- because it didn’t have enough match- undertaken by Americans for Tax Re- timed donation to ATR—$1 million ing hard dollars to allow the RNC to do form in a previous Wednesday’s con- wired into ATR’s account. Within the advertising itself, and further say- ference call. Any fair reading of this hours of receiving this donation, ATR ing that having groups like ATR do the memo throws cold water on the claim paid John Grotta $1,104,000. political advertising provides more that there was no understanding be- One week later, at the end of the credibility than having the RNC do it tween the RNC and ATR about what month, ATR faced another John Grotta itself. And yet Mr. Barbour claims that ATR was doing. bill due in the amount of $607,776.72. On he had no understanding with ATR as But, one may ask, what evidence is the day before that bill was due, the to how the RNC’s contributions to ATR there that the RNC knew when it gave total in ATR’s bank account was only would be used? ATR the $4.6 million how ATR in- $70,085.65. But on the next day, the very Then there are Mr. Norquist’s state- tended to spend it? Again, let’s look at day that the $607,000 bill was due, the ments. When asked to comment on the the facts and the documents. RNC wired ATR a fourth and final, $4.6 million, Mr. Norquist told the First, let’s look at an October 29, 1996 well-timed donation—in the amount of Washington Post on December 10, 1996, invoice sent to ATR by the John $600,000. Within 2 hours of receiving the ‘‘We just ramped up on stuff we were Grotta Co. This is the company that RNC donation, ATR paid off its bill to going to do anyway. They, the RNC, actually managed the direct mail and John Grotta. the conservative movement, knew the phone bank effort for ATR in October Are we supposed to believe that the projects we were working on.’’ 1996. It is a company, I might add, that timing and amounts of RNC payments The facts and documents indicate has also run direct mail campaigns on to ATR, when compared to the billing that the RNC was using ATR as a sur- behalf of the RNC and is owned by an dates and amounts owed by ATR to rogate to do what the RNC itself had individual—John Grotta—who is a John Grotta, were mere coincidence? neither the hard dollars or the credibil- former western political director for Are we supposed to believe that the ity to do on its own. Such actions raise the RNC. The invoice shows that ATR RNC’s $600,000 payment just in time to questions about whether the RNC was owed John Grotta various amounts at pay a $600,000 bill was sheer luck—a deliberately circumventing hard various times throughout October 1996. $600,000 coincidence? And that there money requirements as well as disclo- The grand total owed to the company, was no coordination or understanding sure requirements. They also raise not including postage for the mailings, as to how the RNC money would be questions about whether the RNC was was $3,325,498.60. used by ATR? deliberately misusing a supposedly Based on an analysis of ATR’s bank That’s what Haley Barbour and Gro- nonpartisan, independent tax exempt records, which are in Committee files, ver Norquist told the American public. organization to promote the RNC’s on October 1, 1996, ATR had a total in But let’s look past those statements to campaign agenda. its two bank accounts of $294,078.50—a some other things Mr. Barbour and Mr. Americans for Tax Reform is a tenth of the cost of the direct mail- Norquist have said. In a news con- 501(c)(4) organization that is exempt phone bank effort. ference at RNC headquarters on Octo- from taxation. A (c)(4) organization is Lo and behold, though, in October ber 29, 1996, Mr. Barbour was asked supposed to be engaged in social wel- 1996 the RNC began pumping money di- about the RNC’s $4.6 million donation fare that promotes the common good rectly into one of ATR’s bank ac- to ATR. Here’s what he said: and general welfare of the people of the counts. The $4.6 million total would We made a contribution to Americans for community. Social welfare organiza- prove more than enough to pay for the Tax Reform, which is a conservative, low-tax tions may not engage in campaign-re- direct mail-phone bank effort. What a organization. You’ll see in our FEC report lated activity as their primary activ- coincidence. Or was it? now and at the end of the year that we’ve ity. The relevant Tax Code regulation S12444 CONGRESSIONAL RECORD — SENATE November 10, 1997 1.501(c)(4)-1 describes the prohibited ac- directly, or going an extra step of being ATR ‘‘didn’t do televised issue ads,’’ tivity as ‘‘direct or indirect participa- passed by ATR to the ATR Foundation the evidence is overwhelming that ATR tion or intervention in political cam- which then paid bills. What makes this did. One ad, of which we have a paigns on behalf of or in opposition to pattern all the more intriguing is that videotaped copy, attacked then-Rep- any candidate for public office.’’ An ATR bank records for the year-and-a- resentative ROBERT TORRICELLI, the analysis of ATR’s bank records for 1996 half preceding October 1996 do not in- Democratic candidate for Senate in indicates, however, that the $4.6 mil- clude a single month in which ATR New Jersey for allegedly missing votes. lion that the RNC provided was more transferred money to its foundation. A company called Title Wave sent ATR than two-thirds of ATR’s income. The Yet in October 1996, ATR gave its foun- an invoice for $8,524 to produce the ad, fact that RNC funds outmatched ATR’s dation over $2 million. which was called ‘‘Torricelli/‘Miss- other funding by a 2–1 margin raises Why did ATR take this extra step ing’.’’ Invoices from Mentzer Media the issue of whether the RNC funding and involve its foundation? We’d like Services, Inc., charged ATR $325,230 for made electioneering ATR’s dominant to ask Mr. Norquist, but so far have a media buy in New York/New Jersey pursuit in violation of its tax exempt been denied any opportunity to do so. media markets and another $56,656.25 status. How do we know, then, that the foun- for media buys in Philadelphia/New The tax abuse issue doesn’t end dation used RNC funds to help pay for Jersey media markets to keep the ad there. Up to this point, for simplicity’s the direct mail-phone bank effort? We on the air during the month of October sake, I’ve been referring only to Ameri- found two types of evidence. First, right up to November 4, the day before cans for Tax Reform, the 501(c)(4) orga- comparing the October 29 John Grotta the election. nization. But ATR has an affiliate, run invoice to ATR bank records shows RNC funds delivered to ATR were by Grover Norquist out of the same of- that, for every recorded bill payment used to pay for the ad. On October 4, fice, called the Americans for Tax Re- but two there is a corresponding wire 1996, the same day it received $2 mil- form Foundation. This foundation is a transfer from ATR’s bank account to lion from the RNC, ATR wrote a $4,000 501(c)(3) organization which is prohib- John Grotta. The two exceptions are check to Title Wave as partial pay- ited by Federal tax law from engaging two bill payments that were both ment on the ad’s production costs. Two in any campaign activity. shown as made on October 25, 1996—one weeks later, ATR wrote a $4,900 check But it turns out that the foundation in the amount of $468,000 and one in the to a company called Soundwave. The was very much engaged in the direct amount of $1,104,000. Both payments memo at the bottom of the check stat- mail-phone bank operation and served are shown on the invoice as having ed that it was payment on an invoice as a second conduit for RNC funds been made by ATR, but there is no cor- for the ‘‘Torricelli ad.’’ And beginning spent on that operation. Of the $4.6 responding wire transfer from ATR’s on October 8 through the end of the million provided by the RNC, ATR ac- bank account. However, both payments month, ATR’s bank records show a se- tually transferred about $2.3 million to were made after ATR had transferred ries of wire transfers to Mentzer Media the foundation which, in turn, paid al- over $2 million to the ATR Foundation. Services totaling $374,830 for the media most half the direct mail-phone bank Common sense tells us that the founda- buys. At the beginning of October, bills. In effect then, the RNC funneled tion must have paid the bills on ATR’s ATR’s bank account balances had soft money through two tax exempt or- behalf. Of course, having been denied stood at just over $290,000. After receiv- ganizations—one a 501(c)(4) and one a access to ATR Foundation bank ing the influx of RNC dollars, ATR 501(c)(3)—to pay for an advocacy effort records, we don’t have the bank records spent over $383,000 on an attack ad it could not do on its own due to a lack documenting foundation payments to against the Democratic senatorial can- of matching hard dollars. ATR paid ap- Grotta. However, we do have one of the didate in New Jersey. proximately $1.8 million for the oper- mailings that this money paid for. And Documentary evidence suggests ation, while the ATR Foundation paid right there, in black and white, under- ATR’s involvement with other tele- approximately $1.5 million. neath the heading ‘‘Straight Talk vision ads during the 1996 election sea- How do we know? Believe me, Mr. About You, Medicare & the November 5 son. Two were allegedly sponsored by President, it wasn’t easy to find out. Election’’ are the words, ‘‘Paid for by an ATR affiliate called Women For Tax The committee subpoena for ATR bank AMERICANS FOR TAX REFORM Reform, which was formed in August records was intended to cover the ATR FOUNDATION.’’ 1996, housed in ATR’s offices, headed by Foundation, and the bank was willing The documents and public state- ATR’s Executive Director Audrey to produce the foundation’s records, ments of Mr. Barbour and Mr. Norquist Mullen, and which has had no apparent but felt it could not do so under the indicate that RNC soft money went existence apart from the two ads. Both wording of the subpoena without ATR’s through ATR and ATR’s 501(c)(3) foun- ads attacked President Clinton by consent. When the minority asked ATR dation and paid for a direct mail-phone name with one scheduled for airing on to allow the bank to produce ATR bank operation that, if the RNC had television in Chicago in August during Foundation records, ATR refused. And done it directly, would have required the Democratic Convention. when Senator GLENN asked the com- either all hard money or a hard money- In addition, the RNC produced out of mittee chairman to issue a new sub- soft money split. Was the RNC launder- its files the script of a television ad poena to the bank explicitly requesting ing money through the ATR affiliates which was apparently designed to be ATR Foundation records, the request to avoid having to use any hard money sponsored by ATR and used to attack was ignored. So we were forced to piece to pay for the mailings and telephone Democratic candidates running for together the foundation’s role from the calls? Was the RNC funnelling pay- open seats. The document states at the documents we already had. ments through the ATR affiliates to top, ‘‘RNC-TV/Open Seat TV:30/‘Con- To make a long story short, we fol- capitalize on ATR’s greater credibility? trol’.’’ The ad requires inserting a lowed the money. On October 4, 1996, Was the RNC knowingly misusing photo of a Democratic candidate, the RNC wired $2 million to ATR. On ATR’s tax exempt status by causing stamping ‘‘Wrong!!’’ over it, and then October 17, the RNC wired another $1 electioneering to become the primary inserting the ‘‘Democrat Tax Record’’ million to ATR. The next day—October activity of the (c)(4) organization and under the photo. The last line of the ad 18—ATR transferred $508,000 to the by passing funds through a (c)(3) foun- is: ‘‘For more information call Ameri- ATR Foundation. Four days after dation that is prohibited from engaging cans for Tax Reform.’’ At the bottom that—on October 22—ATR transferred in campaign activity? The evidence is of the document, in small type, it another $851,000 to the ATR Founda- powerful and should have been explored states: ‘‘As of 10/15/96 4:50 PM/ Approved tion. On October 25, the RNC wired yet at a committee hearing. by legal counsel.’’ This document not another $1 million to ATR. That very There’s more. The RNC’s $4.6 million only suggests coordination between the day ATR transferred $1 million to the paid for more than the John Grotta di- RNC and ATR on TV ads, but also a ATR Foundation. The result is a pat- rect mail-phone bank operation which sufficient investment of resources to tern of RNC money coming into ATR cost about $3.3 million plus postage. involve a written script and legal con- and then being used by ATR either to Although Mr. Norquist told the Wash- sultation. Since officials from the RNC pay the direct mail-phone bank bills ington Post on December 10, 1996, that and ATR refused to be interviewed and November 10, 1997 CONGRESSIONAL RECORD — SENATE S12445 when subpoenaed refused to appear, we up the good work.’’ It appears that the ally collected checks, contolled checks, don’t know whether any ad was actu- RNC may have directed its contribu- and delivered checks to tax exempts ally broadcast. Whether or not one tors to help the RNC by making their which were allied with it. The RNC was, this RNC-produced document indi- checks payable to these tax exempt or- may have directed millions of dollars cates coordination. ganizations but then to keep control of to these organizations for ‘‘joint state There’s more. Documents indicate the situation, have the contributors mail projects,’’ television ads and other that RNC coordination efforts may send the checks to the RNC. The RNC campaign activities. have extended to organizations other then forwarded the checks to the orga- Another unanswered question is how than ATR, and that the RNC may have nizations, probably in support of the the RNC and ATR handled the $4.6 mil- taken steps to pay for coordinated ac- ‘‘joint state mail project.’’ lion on their own tax returns. Section tivities using not only its own funds, Two other documents raise similar 527 of the Tax Code suggests that one but also funds from third parties which coordination questions. The first was or the other organization had to treat the RNC solicited and directed. Here produced by the RNC and has the same this sum as taxable income. Did that are some of the key documents. ‘‘confidential’’ heading as the October happen? We don’t know, and the com- The first is a memorandum dated Oc- 17th memo from Jo-Anne Coe to top mittee has yet to ask. tober 17, 1996, marked ‘‘confidential,’’ RNC officials, although no author is On April 9, 6 months ago, Mr. from Jo-Anne Coe, RNC finance direc- named. This document discusses con- Norquist told the press that he would tor, to Haley Barbour, RNC chairman, tributions to ATR, the National Right ‘‘cheerfully testify before the commit- Sanford McCallister, RNC general to Life Committee, American Defense tee.’’ But he then refused to be either counsel, and Curt Anderson, RNC polit- Institute, United Seniors Association, deposed or interviewed. Even when he ical director. The memo discusses Coe’s the City of San Diego, and ‘‘CCRI’’ was finally subpoenaed for a deposi- efforts to forward certain sums of which is the California ballot initiative tion, he refused to appear. ATR also re- money to various tax exempt organiza- on affirmative action. Each organiza- fused to produce documents in response tions, including a $100,000 check from tion is analyzed in terms of whether to a committee document subpoena, Carl Lindner to ATR, another $100,000 contributions to it would have to be re- claiming, ‘‘ATR has never engaged in check from Mr. Lindner to the Na- ported to the public and whether a con- electioneering of any sort. It has never tional Right to Life Committee, and tribution would be tax deductible. The advocated the election or defeat of any $950,000 from several sources to the final document is a list of the same or- candidate for any office at any time; it American Defense Institute. The memo ganizations other than the ballot ini- has never run political advertising on poses questions about how certain tiative. By each organization’s name is any subject.’’ checks should be handled and requests a large dollar figure. The figure for Yet it is beyond dispute that Grover quick action ‘‘so I can put this project ATR is $6 million. Norquist was a key figure in the 1996 to bed.’’ What do these figures mean? Does elections. He was profiled in Elizabeth The project itself is not described in the $6 million for ATR mean that, in Drew’s 1996 election analysis, Whatever the memo; however, a second document addition to giving ATR $4.6 million di- It Takes, for convening regular may shed light on that question. It is rectly, the RNC funneled another $1.4 Wednesday meetings in ATR offices at- an October 21, 1996 memorandum from million to ATR in third-party con- tended by conservative activists, RNC Jo-Anne Coe to Haley Barbour. This tributions such as the $100,000 check officials and GOP candidates. Drew de- memo states: from Carl Lindner? How were those scribes him as ‘‘one of the most influ- As soon as we meet and hopefully come to funds used? Did the RNC exercise some ential figures in Washington’’ at the some resolution on the joint state mail control over those funds? We’d like to time. In Norquist’s 1995 book, ‘‘Rock project, I will forward these checks to the ask. Unfortunately, despite the re- the House’’, celebrating the Republican three organizations. In the meantime, I am peated requests and efforts by the mi- takeover of the House of Representa- respectfully withholding delivery of the nority to seek RNC and ATR testimony tives, prominent Republicans provided checks until we have the opportunity to dis- voluntarily and then by subpoena and glowing quotations, with Haley cuss this matter. to have the few subpoenas that were is- Barbour calling him ‘‘a true insider,’’ Could the ‘‘joint state mail project’’ sued enforced, the committee never and Rush Limbaugh calling him ‘‘per- be the project referred to in the Octo- interviewed or deposed anyone con- haps the most influential and impor- ber 17th memo from Coe to Barbour? nected with these documents. tant person you’ve never heard of in Could it refer to ATR’s $3.3 million di- Improper coordination between a na- the GOP today.’’ rect mail-phone bank effort? Could it tional political party and tax exempt Mr. Norquist meets the test that refer to mail efforts by other organiza- organizations was a hot topic in this Chairman THOMPSON laid down for a tions as well, since the memo cites committee when the political party in- high caliber witness. And ATR’s role in three organizations as being involved volved was the Democratic Party. the 1996 elections—how it spent the $4.6 in the project? Is the fact that the RNC Some committee members charged million in RNC funds, how much Finance Director was ‘‘respectfully that President Clinton’s participation money was directed to it by the RNC withholding’’ checks to these three or- in DNC issue ads was improper or ille- from third parties and how those funds ganizations evidence that the RNC was gal, even though these ads were paid were spent, and the window that ATR’s exercising control over their perform- for by the required soft money-hard actions opens onto RNC’s coordination ance in the mail project in exchange money split. I repeat that, because this with tax exempt groups—were unex- for funding? A committee hearing is a very important point of distinc- plored topics in the Senate campaign could have tried to get answers to tion: the DNC issue ads were paid for finance investigation. these questions. The majority denied by the required soft money-hard money And the ATR hearing is not the only us that opportunity. split. But in the Americans for Tax Re- hearing missing from the Senate cam- In the meantime, we must puzzle form case, the facts suggest that the paign finance investigation. over two letters bearing the same date, Republican Party sent millions to ATR A second hearing we would have re- October 21, 1996, as the Coe memo to for issue advocacy in order to avoid requested would have looked at the Re- Barbour on the joint state mail using any hard money at all for those publican National Committee and Dole project. Both letters are from Jo-Anne efforts. To recall Mr. Barbour’s words, for President campaign. Out of the Coe. The first letter is addressed to they didn’t have enough hard dollars to more than 75 witnesses who testified Grover Norquist, president of ATR, and match up. before the committee over the 3 the second to David O’Steen, the execu- The committee also held an entire months of hearings, not one witness tive director of the National Right to day of hearings to take testimony from was called from the Republican Na- Life Committee. Each encloses a Warren Meddoff about his asking for, tional Committee, other than with re- $100,000 check from Carl Lindner to the and Harold Ickes’ providing, sugges- spect to the National Policy Forum, or organization, as described in the Octo- tions for contributions to tax exempt from the Dole for President campaign. ber 17 memo. Ms. Coe states in both organizations. But the RNC did much What most people don’t know is that letters: ‘‘Glad to be of some help. Keep more than make suggestions. It actu- the committee never even interviewed S12446 CONGRESSIONAL RECORD — SENATE November 10, 1997 a single person from the Dole cam- campaign on these critical issues is In addition, the following checks for ADI paign, and request after request from simply unjustifiable. The majority’s are en route to me: the minority for deposition subpoenas commitment to allow Democrats 3 Name Amount Jack Taylor ...... $100,000 were refused. And although the com- days of hearings in September or Octo- Max Fisher ...... 100,000 mittee permitted two limited inter- ber was not kept. As a result, impor- Don Rumsfeld ...... 50,000 views of RNC officials, Haley Barbour tant information such as the ATR Pat Rutherford ...... 30,000 and Scott Reed, no questions were al- story was kept from the American pub- The $100,000 check from Lincy Foundation lowed to be asked duringthose sessions lic. (Kirk Kerkorian) for ADI is still MIA. With on any topic other than the National That is not just some process ques- the $100,000 from Lincy, this will bring the Policy Forum and no other person from tion about subpoenas and depositions. total for ADI to $510,000—plus the $500,000 That is a question about whether or Haley obtained from Philip Morris. So the the RNC was ever interviewed or de- question is whether I ask Kerkorian to stop posed. not relevant testimony within the payment on the lost check and send a re- That means that the Senate Govern- scope of the jurisdiction of the com- placement check for the full amount of mental Affairs Committee is conclud- mittee should have been obtained and $100,000, or ask him to send only $40,000 so ing its investigation into the 1996 elec- should have been made public and that the grand total to ADI is only $950,000. tions without ever asking a single made subject to examination and cross- Please advise ASAP so I can put this project question of the RNC or Dole campaign examination. to bed. on such topics as evasion of Federal The Senate investigation was half an [Memorandum for Haley Barbour of Oct. 21, campaign limits, improper coordina- investigation. The other half remains 1996] tion, misuse of issue advertising, mis- for the Treasury Department and Jus- From: Jo-Anne Coe use of tax exempts, money laundering tice Department to investigate. As soon as we meet and hopefully come to EXHIBIT 1 some resolution on the joint state mail by a top campaign official, or inad- project, I will forward these checks to the JOHN GROTTA CO. equate document production—all the three organizations. In the meantime, I am topics that the committee pursued vig- [Memorandum] respectfully withholding delivery of the orously with the Clinton campaign. To: Audrey Mullen checks until we have the opportunity to dis- This see-no-evil, hear-no-evil, speak- From Cindy Finnegan cuss this matter. no-evil approach to GOP conduct in the Re: Invoices/Payment Status October 21, 1996. 1996 elections has not only seriously Date: October 29, 1996 Mr. Grover Norquist, skewed the investigation, but it has President, Americans for Tax Reform, Washing- Amount owed Amount paid Balance due ton, DC. also left an regrettable stain on the bi- MAIL—JGCo. DEAR GROVER: I am pleased to enclose a partisan traditions of the Govern- 10/18/96 10/21/96 ...... check in the amount of $100,000 payable to mental Affairs Committee. ATR One ...... $490,808.11 $490,808.11 $0.00 Americans for Tax Reform from Mr. Carl H. 10/22/96 10/23/96 ...... A third hearing would have looked at ATRT Two ...... $459,736.27 $459,736.27 $0.00 Lindner. Triad Management—a totally new phe- 10/22/96 10/25/96 ...... It will be appreciated if you will send a nomenon in American electioneering ATR Three ...... $363,133.02 $468,000.00 $104,866.98 thank-you acknowledgment to Carl at the and one which appears to have violated PHONES—JGCo. address shown on this check. 10/7/96 10/9/96 ...... Glad to be of some help. Keep up the good a number of principles of Federal cam- Inbound ...... $41,500.00 $41,500.00 $0.00 10/24/96 10/25/96 ...... work. paign law, from contribution limits to ATR #1 ...... $1,104,000.00 $1,104,000.00 $0.00 Sincerely yours, FEC registration to full disclosure. 10/28/96 10/31/96 ...... MRS. JO-ANNE L. COE. Triad is a private corporation that was ATR #2 ...... $712,643.70 $0.00 $712,643.70 Enclosure. Database—PBL set up by experienced GOP political OCTOBER 21, 1996. 10/7/96 10/9/96 ...... operatives to conduct multimillion dol- Database Acquisition ...... $153,677.50 $153,677.50 $0.00 Dr. DAVID O’STEEN, Executive Director, National Right to Life Com- lar activities directly affecting the 1996 Total balance ...... $607,776.72 elections. Among other activities, mittee, Washington, DC. *Please Note: Does NOT Include Postage. DEAR DAVID: I am pleased to enclose a Triad created two tax exempt organiza- check in the amount of $100,000 for the Na- tions, collected millions of dollars in Video Audio tional Right to Life Committee from Mr. secret contributions to them, and then Carl Lindner of Cincinnati, Ohio. used the tax exempts to air millions of Picture of Labor Washington Labor It will be appreciated if you will sent a dollars worth of television ads affect- Goons From Chap- Bosses and Liberal thank-you acknowledgment to Carl at the ing Federal campaigns. Triad also con- ter II With Head- Special Interests address indicated on his check. ducted hundreds of ‘‘political audits’’ line. Want To Buy Con- Glad to be of some help. Keep up the good work. of GOP campaigns, paying experienced trol of Congress. Washington Special They Think Joe Blow Sincerely yours, campaign professionals to advise the Interest Support— Will Vote Their MRS. JO-ANNE L. COE. campaigns on how to improve their op- With Picture. Way. Enclosure. erations. Triad also may have arranged Calendar Flips Back They Want To Re- 1. Funding for CCRI may be corporate or for individuals who contributed the To 1993. turn To Higher non-corporate, and there are no limits; how- maximum allowable amount to GOP Taxes For More ever, contributions to CCRI itself or state candidates to evade Federal contribu- Wasteful Spending. party accounts are reportable as contribu- Chyron: Largest Tax In Fact, They Were tions by the initial donor. CA law requires tion limits by laundering additional donors who give in excess of $10,000 to any contributions from these individuals Increase In History Behind the Largest Over Chamber Shot. Tax Increase in CA political cause to file reports themselves. through political action committees. History Good practice is to try to avoid inflicting a Triad undertook all of these activi- Picture of (Joe Blow) Joe Blow Says He’s new legal reporting requirement on donors. ties without ever registering with the Says He’s Different. Different. A $3 million contribution or expenditure, Federal Election Commission, or dis- Stamp Wrong ...... Wrong!! therefore, requires either lots of <$10,000 closing any contributions or expendi- Place Info Under Pic- (Democrat Tax non-FEC donors, use of FEC funds or large tures. Yet this wholesale abuse of Fed- ture of Democrat. Record.10) donors already or willing to be subject to the Graphic Build ...... for More Information CA reporting requirement. eral campaign law has not been deemed 2. ADI is a 501(c)(3), and contributions to it by the majority to be worthy of a sin- Call Americans for Tax Reform. are not political contributions by law. Con- gle hearing witness or depositions. tributions to ADI, therefore, are not report- Mr. President, the Governmental Af- [Confidential, Memorandum of Oct. 17, 1996] able and tax deductible. fairs Committee’s failure to inves- To: Haley Barbour, Sanford McCallister, 3. Americans for Tax Relief (ATR) is a tigate the $4.6 million payment by the Curt Anderson 501(c)(4). Contributions to its fair elections Republican Party to Americans for Tax From: Jo-Anne Coe campaign are non-reportable, but they are Reform, its failure to hold one day of Subj: American Defense Institute not tax deductible. Copy of letter to Red McDaniel attached 4. United Seniors Association has both a hearings or hear from one witness with for your information. 501(c)(3) and (c)(4). Its fair elections cam- respect to Triad Management, and its Today I have also sent $100,000 to National paign will be paid for by its 501(c)(4). Con- failure to hold one day of hearings or Right to Life and $100,000 to Americans for tributions to it are non-reportable, but they call one witness from the RNC or Dole Tax Reform—both from Carl Lindner. are not tax deductible. November 10, 1997 CONGRESSIONAL RECORD — SENATE S12447 5. The National Right to Life Committee aggressive than other children their needed assistance to families with the has both a 5601(c)(3) and (c)(4). Its get out the age, and we should, therefore, recog- costs of whichever kind of quality care vote information drive will be paid for by its nize that raising the quality of care they choose. 501(c)(4). Contributions will not be report- has long-term benefits not only for able, but are not tax deductible. Second, the bill contains a number of 6. The City of San Diego has a city account these kids but for our society as a provisions to encourage child care pro- that accepts contributions to help support a whole. Clearly, strong families and viders to offer higher quality care by variety of civic activities, including the con- strong parenting comes first, but we boosting training levels. Child care vention host committee in raising their need to complement that with a great- providers would be eligible for more shortfall. Contributions to the city account er emphasis on quality, affordable generous tax deductions for education may or may not be reported but are tax de- child care. and training that helps them receive ductible. We understand and we recognize that professional credentials. Additionally, American Defense Institute child care can be extremely expensive, States would receive grant funding to 1055 North Fairfax Street— $700,000 costing thousands of dollars per year operate training programs and to offer Suite 200, Alexandria, VA (501c3) for each child, and over $8,000 a year in scholarships to providers who receive 22314, 703/519–700, 703/519– (tax-deduct- some parts of our country. Many par- 8627 (fax), Contact: Red ible) training. McDaniel. ents struggle with paying these bills, One aspect of the child care quality United Seniors Association which are frequently larger than their problem is the extremely high turnover 12500 Fair Lakes Circle— $2.4 mil. rent, mortgage, or car payment. In the among child care workers, which is not Suite 125, Fairfax, VA 22033, (501c4) case of middle- and lower-income fami- surprising when one realizes that most 703/803–6747, 703/803–6853 (not deduct- lies—especially single-parent fami- child care center workers make barely (fax), Contact: Sandra ible) lies—child care costs can easily more than the minimum wage. The (Sandy) Butler, President consume more than one-quarter of a CIDCARE Act approaches this problem (Anita Benjamin, her office family’s annual income. manager). in creative ways. I have been holding a series of meet- National Right to Life First, the bill would create a problem Committee ings with child care providers in my for student loan forgiveness of child 419—7th Street, N.W.—Suite $2 mil State of South Dakota. We face some care workers who earn degrees in early 500, Washington, D.C. 20004, (501c4) special challenges in our State. Among childhood education, or who receive 202/626–8820, 202/737–9189 (not deduct- these challenges is the fact that we professional care credentials. Addition- (fax), Contact: Dr. David ible) have the highest percentage of working O’Steen, Exec. Dir. (Direct ally, grant money would be made avail- mothers in America. For more than 70 able to the States under this bill, line: 626–8814 or 626–8826). percent of the children in South Da- Americans for Tax Reform which could be used for programs to 1320—18th Street—Suite 200, $6 mil kota, both parents work; or in the case provide salary increases for providers, Washington, DC 20036, 202/ (501c4) of a single-parent family, the sole par- who receive professional credentials. 785–0266, Contact: Grover (not deduct- ent works. We should do all we can to encourage Another item discussed at these Norquist, President. ible) more private sector businesses to offer ...... $4 mil meetings was the negative impact of City of San Diego child care benefits. The CIDCARE Act (501c3) cuts in the child and adult care food would provide tax credits to employers (tax-deduct- program that were part of the Welfare to reduce the costs of starting up a ible) Reform Act of 1996. Many child care child care center, for the professional providers have relied on this assistance The PRESIDING OFFICER. Senator development expenses of child care to provide affordable care, and many JOHNSON is recognized under a previous staff, and for cost also related to get- families now face increasing costs and order. ting a child care facility accredited. f reduced access to child care. One of the consequences of the change in the nu- All in all, the CIDCARE Act contains CHILD CARE trition program was to actually create a number of innovative nonbureau- Mr. JOHNSON. I was extremely a disincentive for child care providers cratic provisions, and I believe it would pleased that recently President Clinton to remain licensed and certified. be a great step forward in increasing and Mrs. Clinton hosted a White House Mr. President, I believe that the evi- child care quality and in making it Conference on Child Care. The con- dence is abundantly clear that we need more affordable. ference was not only informative, but to do more to provide more affordable The second piece of legislation that I also very effective, I believe, in draw- and higher quality child care. This can have cosponsored is the Early Child- ing nationwide attention to the wide- be accomplished, I believe, without the hood Development Act, S. 1309. I be- spread difficulties that most parents creation of some new bureaucracy. In- came an original cosponsor of this leg- have in finding child care that is both stead, working in partnership with the islation when it was introduced just 2 affordable and of high quality. States, local governments, and non- weeks ago. I congratulate Senator It is estimated that each and every profit organizations, the Federal Gov- JOHN KERRY and Senator BOND for day 3 million children under the age of ernment, working in Federal-State- their work on this bill. 6 will spend time being cared for by local and a public-private partnership One of the more critical needs in my someone other than their parents, in- can achieve a great deal. State of South Dakota is for after- cluding one-half of all babies younger In an effort to seek constructive so- school programs. More than half the than 12 months of age. We all know lutions, I have recently cosponsored school-age children in my State have that these early years are critical two bills, the CIDCARE Act and the no parent at home in the hours after years for child development and that Early Childhood Development Act. school lets out. From nationwide sta- we need to be concerned about the These bills would work together in a tistics, we know that juvenile crime is quality of care that these children are complementary fashion. at its highest between the hours of 3 receiving. Unfortunately, for too many I would like to congratulate Senators p.m. and 6 p.m., the hours between children, the quality is simply not high JEFFORDS and DODD for their efforts in when kids get out of school and before enough. authoring the CIDCARE Act, S. 1037. I parents, all too often, get home from One national study, which was pub- am pleased to join them as a cosponsor. work. lished in 1994, rated the majority of The bill contains several provisions The Early Childhood Development child care centers as mediocre or poor. that would be a very positive step for- Act contains provisions to expand Fed- One out of eight child care centers ward for all forms of child care. eral financial assistance to innovative were found to actually jeopardize chil- First, the bill would refocus the ex- programs that target at-risk children dren’s safety and development. Not isting child and dependent care tax by providing constructive activities surprisingly, Mr. President, children in credit by making it refundable for low- and care after school lets out. The bill substandard care have delayed lan- income families and by increasing the does not create some new Federal bu- guage and reading skills, they are more credit for families with incomes under reaucracy. Instead, it offers grant $55,000. These steps will provide much- money to States who will, in turn, S12448 CONGRESSIONAL RECORD — SENATE November 10, 1997 make grants to local after-school pro- Corps in World War II, which suffered, Gen. Lemuel C. Shepherd Jr., who was con- grams that are typically run by non- then, the highest per capita casualties cerned that the statue required ‘‘a large open profit organizations, such as the Boys of any of the combat units. Mr. Presi- area around it for proper display.’’ Dozens of and Girls Clubs. We need more of these dent, cooler heads have to be brought full-dress official ceremonies take place each year at the base of the hallowed sculpture. after-school programs, and we need to bear on this dispute. I am hopeful Even casual ballplaying is forbidden on the more resources to expand the number that can be done. parkland near it. It is, for many Americans, of children that these programs can The purpose for my seeking recogni- truly sacred ground. reach. tion today was to recognize the Marine To put it simply, the proposed Air Force The Early Childhood Development Corps birthday. But into this dispute memorial would pollute Arlington Ridge, Act would also strengthen programs has come a very solid, fair-minded, and forever changing its context. that offer care to our youngest kids, I must say objective person, a former The main argument in favor of this location—that it is within a mile of Fort Myer, aged 0 to 6. The more we learn about Secretary of the Navy, James Webb. where the first-ever military flight occurred early childhood development, the more I ask unanimous consent that his in 1908—is weak, as all the services have ex- we realize how critically important it statement, which appeared recently in tensive aviation capabilities that might be is that these children receive quality public, be printed in the RECORD in its traced to that flight. The Air Force also ar- care. This bill would supplement the entirety. gues that since the ‘‘above-ground’’ aspect of Federal child care and development There being no objection, the mate- its memorial would be 28 feet lower than the block grant for at-risk infants, tod- rial was ordered to be printed in the top of the flagpole on the Iwo Jima statue, it dlers, and preschoolers. RECORD, as follows: will not interfere with the grandeur of the Marine Corps memorial. What Air Force offi- WRONG PLACE FOR THE AIR FORCE MEMORIAL Along the same lines, the bill would cials take pains to avoid discussing is that if increase funding for the new Early (By James H. Webb Jr.) one discounts the flagpole, their memorial Head Start Program, which provides Earlier this year I had the sad honor of would actually be higher, wider and far deep- comprehensive child development and burying my father, Col. James H. Webb, Sr., er. Some 20,000 square feet of below-the- family support services to infants and U.S. Air Force (retired). His grave sits on a ground museums and interactive displays are toddlers. This program not only offers gentle hill in Section 51 of the Arlington Na- planned, enough floor space for 10 average- a high-quality educational component tional Cemetery, just next to the small park sized homes. on which stands the nation’s most famous The Air Force plan for an extensive three- for young children, but also parent military landmark, the Marine Corps War story museum and virtual-reality complex at education, parent-child activities, and Memorial. its proposed memorial is a clear departure in health services. Between his grave and the sculpture of the context from this quiet place. During the pe- Mr. President, I believe that these Marines raising the flag at Mount Suribachi riod leading up to America’s bicentennial two important bills—the CIDCARE Act on Iwo Jima, the Air Force Memorial Foun- commemoration, the Marine Corps itself and the Early Childhood Development dation proposes to build a large and intru- considered constructing a visitor center and Act—will go a long, long way toward sive memorial of its own. It is deeply unfor- museum on the land adjacent to the Iwo tunate that the location of this proposed me- Jima memorial. It abandoned this plan be- addressing the critical child care needs morial promises nothing but unending con- that we have throughout America cause such facilities would be inconsistent troversy. And I have no compunction in say- with the purpose and the impact of the today. I look forward to working on ing that the foundation’s methods in lobby- monument itself. It is not without irony that them in a bipartisan fashion during ing for this site would have puzzled and of- the land the Marine Corps deliberately left this next session of the 105th Congress. fended my Air Force father, just as it does open is now being pursued by the Air Force I yield the floor. both of his Marine Corps-veteran sons. for the very purpose that was earlier re- Mr. CHAFEE. Mr. President, I sug- Until late this summer, few among the jected. gest the absence of a quorum. general public even knew that this site, Existing federal law precludes this sort of The PRESIDING OFFICER. The which is within 500 feet of the Iwo Jima stat- intrusion. Title 40 of the U.S. Code states in ue, had been approved by the National Cap- clerk will call the roll. section 1907 that ‘‘a commemorative work ital Planning Commission (NCPC). The Air shall be so located as to prevent interference The legislative clerk proceeded to Force’s first choice had been a place near the with or encroachment upon any existing call the roll. Air and Space Museum, a logical spot that commemorative work and to protect, to the Mr. WARNER. Mr. President, I ask would provide the same dignity, synergy and maximum extent possible, open space and unanimous consent that the order for visitor population that benefit the Navy Me- existing public use.’’ There can be no clearer the quorum call be rescinded. morial’s downtown Washington location. example of the intention of such law than The PRESIDING OFFICER. Without Later, deciding on Arlington Ridge, the Air the case of the Marine Corps War Memorial. objection, it is so ordered. Force during hearings erroneously main- The puzzling question is why the Air Force tained that the Marine Corps posed no objec- leadership argues so vociferously that its f tion to the erection of a memorial so near to memorial will not negatively affect the Iwo ANNIVERSARY OF THE U.S. its own. The Marine Corps had yet to take an Jima memorial. MARINE CORPS official position, and no Marine Corps wit- I grew up in the presence of some of the nesses were called to discuss the potential finest leaders our Air Force has ever pro- THE AIR FORCE MEMORIAL impact. duced, leaders who would never have consid- Mr. WARNER. Mr. President, the Once the NCPC decision became publicly ered dissembling before a political body U.S. Marine Corps will be marking an- known, it was met with a wide array of pro- about whether the Marine Corps concurred other one of its historic birthdays, No. test, including that of citizens groups and a in a proposal that might diminish the impact 222. I have been privileged to have worn formal objection from the Marine Corps. De- of its most cherished memorial—leaders who spite a lawsuit and several bills having been in this situation would have shown the pub- the Marine green, together with my introduced in Congress to protect the site, lic, and particularly the Marine Corps, great distinguished colleague here, Senator the Air Force is persisting. deference, knowing that its open support was CHAFEE. We both served in the Korean This is not simply a Marine Corps issue or vital. Indeed, leaders who remembered that war. a mere interservice argument. Nor is it a the very mission in the battle of Iwo Jima, The point of my remarks, Mr. Presi- question of whether the Air Force should carried out at a cost of 1,000 dead Marines for dent, is that we have a most unfortu- have a memorial. Rather, it is a matter of every square mile of territory taken, was to nate and, indeed, I think, unforeseen the proper use of public land, just as impor- eliminate enemy fighter attacks on Air tant to our heritage as are environmental dispute between the U.S. Marine Corps Force bombers passing overhead and to pro- concerns. We have witnessed an explosion of vide emergency runways for Air Force pilots and the Air Force over the location of monuments and memorials in our nation’s who had flown in harm’s way. the memorial which, in every respect, capital over the past two decades. New addi- It is now up to Congress to enforce the law the Air Force deserves and has earned tions should receive careful scrutiny. Their and assist the Air Force in finding a memo- through the sacrifices of its men placement, propriety and artistic impact rial site that will honor its own without tak- throughout its history. I remember concern all Americans, particularly those ing away from the dignity of others. very distinctly in World War II, it was who care about public art, through which Mr. WARNER. Mr. President, I have referred to as the Army Air Corps. And continuing generations will gain an under- known Jim Webb for many years. When standing of the nation’s journey. then when the Department of Defense The mood around the heavily visited ‘‘Iwo’’ I was Secretary of the Navy, he was a reorganized, they created, quite prop- is by design contemplative, deliberately se- young officer on my staff, having erly, in recognition of the enormous rene. The site was selected personally just served with great distinction, for which sacrifices of the members of the Air after World War II by Marine Commandant this Nation awarded him the highest in November 10, 1997 CONGRESSIONAL RECORD — SENATE S12449 military honors and heroism, which, pitals, dealing with biotechnology, or even in the changes that have been due to his humility, he rarely, if ever, defense conversion. The range of Sen- made. refers to today. But that is so true of ator KENNEDY’s accomplishments is His standing in this institution is many of the men and women who have really unmatched for our State. How- based, in my judgment, on two simple received those honors. ever, as everybody knows, he is also attributes. Jim Webb has a way of standing more than just the Senator from Mas- First, he has understood from the be- back, as he is today, in his various pro- sachusetts. He has been a Senator from ginning the distant goal lines this Na- fessions, and looking at a situation and Massachusetts who has had a national tion needed to cross in order to make carefully and in a balanced way, ana- impact of great proportions and who our dreams for the country a reality. lyzing it. I urge all those who desire to has absorbed and articulated values Second, he has consistently moved acquaint themselves with this dis- and aspirations of our people and for the ball down the field with a sense of pute—particularly those in the Depart- the Nation. practicality about the limits of what ment of the Air Force—to read this ar- In the 35 years that he served our the times and the opposition would ticle with great care, because he rea- State, an awful lot has changed in this allow. sons well as to why the Marine Corps country. And it is fair to say that TED Many, many Americans outside this Memorial in Arlington, which depicts KENNEDY has been at the forefront of a Chamber know Senator KENNEDY for the raising of the flag on Iwo Jima, great deal of that change. If you go the power of his passion, the persua- which is visited each year by hundreds back 30 years to the conditions that siveness of his advocacy, and the tena- of thousands of persons from all over prevailed here in the country, there is ciousness of his fights. the world, has a very unique spot in no doubt that from the moment when But there is, as we all know in this history and a unique location. he entered the Senate, he has been part Chamber, a personal side to his pres- It is, in my judgment, and the judg- of that change. When he came here ence here, which only those of us in the ment of others, not in the best interest there was no Civil Rights Act, there Chamber or those who have been of this country, or our armed services, was no Voting Rights Act, and the touched in some way in their personal to dislodge in any way the mystique great battle against segregation and lives outside of this Chamber under- that surrounds that piece of hallowed for equal justice was only then just stand. There is probably not a Senator ground, as it is referred to by all ma- heating up. It was TED KENNEDY who here who would not recount a story of rines, past, present and, I’m sure, those fought those battles and who has re- how TED KENNEDY has picked up the in the future. mained a champion for bringing Amer- phone at a time of stress or distress So, therefore, I urge that all who are ica closer to the ideals that we espouse. and has been responsive and caring. interested in this and wish to apply And we are at the center of those There are those of us who have gone their own sound judgment examine the fights. When TED KENNEDY entered the through difficult times, who have article of the former Secretary of the Senate, there was no Medicare for sen- found that he is one of the first people Navy, James Webb. ior citizens, there was no Medicaid for to offer help. I can personally remem- I yield the floor. the poor and disabled, there were no in- ber once when I had a phone call at a Mr. KERRY addressed the Chair. centives for private employers to pro- time when I had pneumonia. The next The PRESIDING OFFICER. The Sen- vide health benefits, and large areas of thing I knew TED KENNEDY was making ator from Massachusetts is recognized. the Nation were medically under- his house available for my recuperation Mr. KERRY. Mr. President, are we in served. It was TED KENNEDY who fought and urging me to go and take advan- morning business? those battles and who even today re- tage of it. That is the kind of person he The PRESIDING OFFICER. Indeed, mains a leader in helping to bring is and just one small story of the many we are. health care to all Americans. that other colleagues here have experi- f When he entered the Senate, the enced. So, Mr. President, we are all better THE SENATE CAREER OF Vietnam war was burgeoning, nuclear off for having this colleague of ours SENATOR TED KENNEDY weapons were armed and aimed across the globe, South Africa brutally deserve and continue to serve, and we are Mr. KERRY. Mr. President, I come to fended its apartheid system, and East- all better off for having him as a the floor to mark a very significant ern Europe remained in thrall to the friend. moment in the career of our good Soviet Union. I congratulate him on the occasion of friend and colleague, the senior Sen- TED KENNEDY’s great voice for reason his remarkable career. I earnestly hope ator from Massachusetts, Senator KEN- and restraint on arms control, against that my State and this Nation will NEDY, who is now in these days enter- apartheid, and for freedom resonated continue to rely on his capacity and ing his 35th year of service in this around the world. It is a memory that his foresight and his presence in this body. many people in many parts of the body for many years to come. The length of that tenure is really a world carry with them today. I thank my colleagues for their cour- measure, in my judgment, and I think Mr. President, we mark anniversaries tesy in allowing me to make these in the judgment of the people of Massa- not simply to recall the amount of comments prior to another engage- chusetts, of the extraordinary work time performed in service but to ap- ment. that he does for our State as well as for plaud and to take note of the amount Mr. WARNER addressed the Chair. the country. He is the most senior Sen- of service performed in that time. The PRESIDING OFFICER. The Sen- ator from Massachusetts now in his- There are few Senators in history, in ator from Virginia. tory, serving longer than Henry Cabot my judgment, who match the produc- Mr. WARNER. Mr. President, I wish Lodge, longer than Charles Sumner, tivity with longevity as well as TED to commend the junior Senator from longer even than Daniel Webster, all of KENNEDY. Massachusetts for the very eloquent whom were extraordinary leaders in I think it can fairly be said that he is statement from the heart about our their own right. one of the very few in this body who colleague. While I philosophically dif- There is no question that the reason has helped to set the agenda of this in- fer from the senior Senator from Mas- for this longevity is because of the re- stitution year after year, decade after sachusetts, I will say he is one of the markable persistence of his work for decade. In just the last 2 years, he has hardest working Senators that I have the State on a local basis. It was, after achieved signal success on milestone ever observed in every respect for those all, our own ‘‘Tip’’ O’Neill who said legislation on behalf of working Ameri- issues for which he fights. That fight that ‘‘all politics’’ was ‘‘local.’’ Indeed, cans. comes from the heart. I just wanted to no one has fought harder for the people Largely due to his leadership, we commend the junior Senator for speak- of Massachusetts when it comes to raised the minimum wage. We now ing so eloquently about our mutual highway or bridge projects, or when it have a better health care system as he friend. comes to mass transit, to research and continues to fight for still more im- Mr. KERRY. I thank my colleague. development, to assistance for edu- provements as we have recognized Mr. CHAFEE. Mr. President, I would cation, to helping our research hos- some of the problems that have arisen like to also say that the junior Senator S12450 CONGRESSIONAL RECORD — SENATE November 10, 1997 from Massachusetts was quite right in harmless under section 1015(a) of that Act ‘‘(1) AUTHORIZATION.—Notwithstanding sec- saying that the senior Senator from (105 Stat. 1943), 90 percent of payments ad- tion 157(e) of title 23, United States Code, Massachusetts during his long years justments under section 1015(b) of that Act there shall be available from the Highway here has certainly had a significant im- (105 Stat. 1944), section 1015(c) of that Act Trust Fund (other than the Mass Transit Ac- (105 Stat. 1944), an amount equal to the funds count) to carry out section 157 of title 23, pact on legislation, and we all should provided under sections 1103 through 1108 of United States Code, not to exceed $15,460,000 recognize that and pay tribute to him that Act (105 Stat. 2027), and funding restora- for the period of January 26, 1998, through for what he has done. tion under section 202 of the National High- January 31, 1998. Mr. President, I would also like to way System Designation Act of 1995 (109 ‘‘(2) ALLOCATION.—The Secretary shall al- note that the Presiding Officer is a Stat. 571). locate the amounts authorized under para- former marine. So he is celebrating (2) IN GENERAL.—The amount that each graph (1) to each State in the ratio that— today likewise the 222d birthday of the State shall be apportioned under this sub- ‘‘(A) the amount allocated to the State for U.S. Marine Corps. So we are all cele- section for each item referred to in para- fiscal year 1997 under section 157 of that graph (1) shall be determined by multiply- title; bears to brating together. ing— ‘‘(B) the amounts allocated to all States f (A) the amount apportioned to the State for fiscal year 1997 under section 157 of that SURFACE TRANSPORTATION under subsection (a); by title. (B) the ratio that— EXTENSION ACT OF 1997 ‘‘(f) CONTRACT AUTHORITY.—Funds author- (i) the amount of funds apportioned for the ized under subsections (d) and (e) shall be Mr. CHAFEE. Mr. President, I ask item, or allocated under sections 1103 available for obligation in the same manner unanimous consent that the Senate through 1108 of the Intermodal Surface as if the funds were apportioned under chap- now proceed to the consideration of S. Transportation Efficiency Act of 1991 (105 ter 1 of title 23, United States Code.’’. 1519, introduced earlier today by Sen- Stat. 2027), to the State for fiscal year 1997; (e) LIMITATION ON OBLIGATIONS.— bears to (1) IN GENERAL.—Subject to paragraph (2), ator BOND. (ii) the total of the amount of funds appor- The PRESIDING OFFICER. The after the date of enactment of this Act, the tioned for the items, and allocated under Secretary shall allocate to each State an clerk will report. those sections, to the State for fiscal year amount of obligation authority made avail- The bill clerk read as follows: 1997. able under the Department of Transpor- A bill (S. 1519) to provide a 6-month exten- (3) USE OF FUNDS.—Amounts apportioned to tation and Related Agencies Appropriations sion of highway, highway safety, and transit a State under subsection (a) attributable to Act, 1998 (Public Law 105–66) that is— programs pending enactment of a law reau- sections 1103 through 1108 of the Intermodal (A) equal to the greater of— thorizing the Intermodal Surface Transpor- Surface Transportation Efficiency Act of (i) the State’s unobligated balance, as of tation Efficiency Act of 1991. 1991 shall be available to the State for October 1, 1997, of Federal-aid highway ap- The PRESIDING OFFICER. Is there projects eligible for assistance under chapter portionments subject to any limitation on 1 of title 23, United States Code. obligations; or objection to the immediate consider- (4) ADMINISTRATION.—Funds authorized by ation of the bill? (ii) 50 percent of the State’s total fiscal the amendment made by subsection (d) shall year 1997 obligation authority for funds ap- There being no objection, the Senate be administered as if they had been appor- portioned for the Federal-aid highway pro- proceeded to consider the bill. tioned, allocated, deducted, or set aside, as gram; but Mr. CHAFEE. Mr. President, I ask the case may be, under title 23, United (B) not greater than 75 percent of the unanimous consent the bill be deemed States Code; except that the deduction under State’s total fiscal year 1997 obligation au- read a third time and passed, the mo- section 104(a) of title 23, United States Code, thority for funds apportioned for the Fed- tion to reconsider be laid upon the the set-asides under section 104(b)(1) of that eral-aid highway program. title for the territories and under section table, and that any statements relating (2) LIMITATION ON AMOUNT.—The total of all 104(f)(1) of that title for metropolitan plan- allocations under paragraph (1) shall not ex- to the bill be printed in the RECORD. ning, and the expenditure required under sec- ceed $9,786,275,000. The PRESIDING OFFICER. Without tion 104(d)(1) of that title shall not apply to (3) TIME PERIOD FOR OBLIGATIONS OF objection, it is so ordered. those funds. FUNDS.— The bill (S. 1519) was deemed read a (c) REPAYMENT FROM FUTURE APPORTION- (A) IN GENERAL.—Except as provided in third time and passed, as follows: MENTS.— subparagraph (B), a State shall not obligate S. 1519 (1) IN GENERAL.—The Secretary shall re- any funds for any Federal-aid highway produce the amount that would, but for this sec- gram project after May 1, 1998, until the ear- Be it enacted by the Senate and House of Rep- tion, be apportioned to a State for programs lier of the date of enactment of a multiyear resentatives of the United States of America in under chapter 1 of title 23, United States law reauthorizing the Federal-aid highway Congress assembled, Code, for fiscal year 1998 under a law reau- program or July 1, 1998. SECTION 1. SHORT TITLE. thorizing the Federal-aid highway program (B) REOBLIGATION.—Subparagraph (A) shall This Act may be cited as the ‘‘Surface enacted after the date of enactment of this not preclude the reobligation of previously Transportation Extension Act of 1997’’. Act by the amount that is apportioned to obligated funds. SEC. 2. ADVANCES. each State under subsection (a) and section (C) DISTRIBUTION OF REMAINING OBLIGATION (a) IN GENERAL.—The Secretary of Trans- 5(f) for each such program. AUTHORITY.—On the earlier of the date of en- portation (referred to in this Act as the (2) PROGRAM CATEGORY RECONCILIATION.— actment of a law described in subparagraph ‘‘Secretary’’) shall apportion funds made The Secretary may establish procedures (A) or July 1, 1998, the Secretary shall dis- available under section 1003(d) of the Inter- under which funds apportioned under sub- tribute to each State any remaining modal Surface Transportation Efficiency Act section (a) for a program category for which amounts of obligation authority for Federal- of 1991 to each State in the ratio that— funds are not authorized under a law de- aid highways and highway safety construc- (1) the State’s total fiscal year 1997 obliga- scribed in paragraph (1) may be restored to tion programs by allocation in accordance tion authority for funds apportioned for the the Federal-aid highway program. with section 310(a) of the Department of Federal-aid highway program; bears to (d) AUTHORIZATION OF CONTRACT AUTHOR- Transportation and Related Agencies Appro- (2) all States’ total fiscal year 1997 obliga- ITY.—Section 1003 of the Intermodal Surface priations Act, 1998 (Public Law 105–66). tion authority for funds apportioned for the Transportation Efficiency Act of 1991 (105 (D) CONTRACT AUTHORITY.—No contract au- Federal-aid highway program. Stat. 1918) is amended by adding at the end thority made available to the States prior to (b) PROGRAMMATIC DISTRIBUTIONS.— the following: July 1, 1998, shall be obligated after that (1) PROGRAMS.—Of the funds to be appor- ‘‘(d) ADVANCE AUTHORIZATIONS.— date until such time as a multiyear law re- tioned to each State under subsection (a), ‘‘(1) IN GENERAL.—There shall be available authorizing the Federal-aid highway pro- the Secretary shall ensure that the State is from the Highway Trust Fund (other than gram has been enacted. apportioned an amount of the funds, deter- the Mass Transit Account) to carry out sec- (4) TREATMENT OF OBLIGATIONS.—Any obli- mined under paragraph (2), for the Interstate tion 2(a) of the Surface Transportation Ex- gation of an allocation of obligation author- maintenance program, the National Highway tension Act of 1997 $5,500,000,000 for the pe- ity made under this subsection shall be con- System, the bridge program, the surface riod of November 16, 1997, through January sidered to be an obligation for Federal-aid transportation program, the congestion 31, 1998. highways and highway safety construction mitigation and air quality improvement pro- ‘‘(2) SPECIAL RULE.—Funds apportioned programs for fiscal year 1998 for the purposes gram, minimum allocation under section 157 under subsection (a) shall be subject to any of the matter under the heading ‘‘(LIMITATION of title 23, United States Code, Interstate re- limitation on obligations for Federal-aid ON OBLIGATIONS)’’ under the heading ‘‘FED- imbursement under section 160 of that title, highways and highway safety construction ERAL-AID HIGHWAYS’’ in title I of the Depart- the donor State bonus under section 1013(c) programs. ment of Transportation and Related Agen- of the Intermodal Surface Transportation Ef- ‘‘(e) AUTHORIZATION OF CONTRACT AUTHOR- cies Appropriations Act, 1998 (Public Law ficiency Act of 1991 (105 Stat. 1940), hold ITY.— 105–66). November 10, 1997 CONGRESSIONAL RECORD — SENATE S12451

SEC. 3. TRANSFERS OF UNOBLIGATED APPOR- (B) CONTRACT AUTHORITY.—Funds author- (1) by striking ‘‘1992 and’’ and inserting TIONMENTS. ized under this paragraph shall be available ‘‘1992,’’; and (a) IN GENERAL.—In addition to any other for obligation in the same manner as if the (2) by inserting before the period at the end authority of a State to transfer funds, for funds were apportioned under chapter 1 of the following: ‘‘, and $47,000,000 for the period fiscal year 1998, a State may transfer any title 23, United States Code, and shall be sub- of October 1, 1997, through March 31, 1998’’. funds apportioned to the State for any project to any limitation on obligations for Fed- (e) SURFACE TRANSPORTATION RESEARCH.— gram under section 104 (including amounts eral-aid highways and highway safety con- (1) OPERATION LIFESAVER.— apportioned under section 104(b)(3) or set struction programs. aside or suballocated under section 133(d)), (A) IN GENERAL.—There shall be available (3) USE OF CERTAIN ADMINISTRATIVE from the Highway Trust Fund (other than 144, or 402 of title 23, United States Code, be- FUNDS.—Section 104(i)(1) of title 23, United fore, on, or after the date of enactment of the Mass Transit Account) to carry out the States Code, is amended by inserting ‘‘, and operation lifesaver program under section this Act, granted to the State for any pro- for the period of October 1, 1997, through gram under section 410 of that title before, 104(d)(1) of title 23, United States Code, March 31, 1998,’’ after ‘‘1997’’. $150,000 for the period of October 1, 1997, on, or after such date of enactment, or allo- (b) BUREAU OF TRANSPORTATION STATIS- through March 31, 1998. cated to the State for any program under TICS.—Section 6006 of the Intermodal Surface (B) CONTRACT AUTHORITY.—Funds author- chapter 311 of title 49, United States Code, Transportation Efficiency Act of 1991 (105 ized under this paragraph shall be available before, on, or after such date of enactment, Stat. 2172) is amended— for obligation in the same manner as if the that are subject to any limitation on obliga- (1) by inserting ‘‘(a) IN GENERAL.—’’ before funds were apportioned under chapter 1 of tions, and that are not obligated, to any ‘‘Chapter I’’; and title 23, United States Code, and shall be sub- other of those programs. (2) in the first sentence of subsection (b)— ject to any limitation on obligations for Fed- (b) TREATMENT OF TRANSFERRED FUNDS.— (A) by striking ‘‘1996, and’’ and inserting eral-aid highways and highway safety con- Any funds transferred to another program ‘‘1996,’’; and struction programs. under subsection (a) shall be subject to the (B) by inserting before the period at the provisions of the program to which the funds (2) DWIGHT DAVID EISENHOWER TRANSPOR- end the following: ‘‘, and $12,500,000 for the are transferred, except that funds trans- TATION FELLOWSHIP PROGRAM.— period of October 1, 1997, through March 31, ferred to a program under section 133 (other (A) IN GENERAL.—There shall be available 1998’’. than subsections (d)(1) and (d)(2)) of title 23, from the Highway Trust Fund (other than United States Code, shall not be subject to SEC. 5. OTHER FEDERAL-AID HIGHWAY PRO- the Mass Transit Account) to carry out the GRAMS. section 133(d) of that title. Dwight David Eisenhower Transportation (a) FEDERAL LANDS HIGHWAYS.—Section (c) RESTORATION OF APPORTIONMENTS.— 1003(a)(6) of the Intermodal Surface Trans- Fellowship Program under section (1) IN GENERAL.—As soon as practicable portation Efficiency Act of 1991 (105 Stat. 307(a)(1)(C)(ii) of title 23, United States Code, after the date of enactment of a law reau- 1919) is amended— $1,000,000 for the period of October 1, 1997, thorizing the Federal-aid highway program (1) in subparagraph (A)— through March 31, 1998. enacted after the date of enactment of this (A) by striking ‘‘1992 and’’ and inserting (B) CONTRACT AUTHORITY.—Funds author- Act, the Secretary shall restore any funds ‘‘1992,’’; and ized under this paragraph shall be available that a State transferred under subsection (a) (B) by inserting before the period at the for obligation in the same manner as if the for any project not eligible for the funds but end the following: ‘‘, and $95,500,000 for the funds were apportioned under chapter 1 of for this section to the program category period of October 1, 1997, through March 31, title 23, United States Code, and shall be sub- from which the funds were transferred. 1998’’; ject to any limitation on obligations for Fed- (2) PROGRAM CATEGORY RECONCILIATION.— (2) in subparagraph (B)— eral-aid highways and highway safety con- The Secretary may establish procedures (A) by striking ‘‘1995, and’’ and inserting struction programs. under which funds transferred under sub- ‘‘1995,’’; and (3) NATIONAL HIGHWAY INSTITUTE.—Section section (a) from a program category for (B) by inserting before the period at the 321(f) of title 23, United States Code, is which funds are not authorized may be re- end the following: ‘‘and $86,000,000 for the pe- amended by adding at the end the following: stored to the Federal-aid highway, highway riod of October 1, 1997, through March 31, ‘‘There shall be available from the Highway safety, and motor carrier safety programs. 1998’’; and Trust Fund (other than the Mass Transit Ac- (3) LIMITATION ON STATUTORY CONSTRUC- (3) in subparagraph (C)— count) to carry out this section $2,500,000 for TION.—No provision of law, except a statute (A) by striking ‘‘1995, and’’ and inserting the period of October 1, 1997, through March enacted after the date of enactment of this ‘‘1995,’’; and 31, 1998, and such funds shall be subject to Act that expressly limits the application of (B) by inserting before the period at the any limitation on obligations for Federal-aid this subsection, shall impair the authority of end the following: ‘‘, and $42,000,000 for the highways and highway safety construction the Secretary to restore funds pursuant to period of October 1, 1997, through March 31, programs.’’. this subsection. 1998’’. (4) EDUCATION AND TRAINING PROGRAM.— (d) GUIDANCE.—The Secretary may issue (b) NATIONAL RECREATIONAL TRAILS PRO- Section 326(c) of title 23, United States Code, guidance for use in carrying out this section. GRAM.—Section 1003 of the Intermodal Sur- is amended by adding at the end the follow- SEC. 4. ADMINISTRATIVE EXPENSES. face Transportation Efficiency Act of 1991 ing: ‘‘There shall be available from the High- (a) EXPENSES OF FEDERAL HIGHWAY ADMIN- (105 Stat. 1918) (as amended by section 2(d)) way Trust Fund (other than the Mass Tran- ISTRATION.— is amended by adding at the end the follow- sit Account) to carry out this section (1) AUTHORITY TO BORROW.— ing: $3,000,000 for the period of October 1, 1997, (A) FROM UNOBLIGATED FUNDS AVAILABLE ‘‘(e) NATIONAL RECREATIONAL TRAILS PRO- through March 31, 1998, and such funds shall FOR DISCRETIONARY ALLOCATIONS.—If unobli- GRAM.—Section 104(h) of title 23, United be subject to any limitation on obligations gated balances of funds deducted by the Sec- States Code, is amended by inserting ‘and for Federal-aid highways and highway safety retary under section 104(a) of title 23, United $7,500,000 for the period of October 1, 1997, construction programs.’’. States Code, for administrative and research through March 31, 1998’ after ‘1997’.’’. (f) METROPOLITAN PLANNING.— expenses of the Federal-aid highway program (c) CERTAIN ALLOCATED PROGRAMS.— (1) AUTHORIZATION OF CONTRACT AUTHOR- are insufficient to pay those expenses for fis- (1) HIGHWAY USE TAX EVASION.—Section ITY.— cal year 1998, the Secretary may borrow to 1040(f)(1) of the Intermodal Surface Trans- (A) IN GENERAL.—There shall be available pay those expenses not to exceed $60,000,000 portation Efficiency Act of 1991 (23 U.S.C. 101 from the Highway Trust Fund (other than from unobligated funds available to the Sec- note; 105 Stat. 1992) is amended in the first the Mass Transit Account) to carry out secretary for discretionary allocations. sentence by inserting before the period at tion 134 of title 23, United States Code, (B) REQUIREMENT TO REIMBURSE.—Funds the end the following: ‘‘and $2,500,000 for the $78,500,000 for the period of October 1, 1997, borrowed under subparagraph (A) shall be re- period of October 1, 1997, through March 31, through March 31, 1998. imbursed from amounts made available to 1998’’. (B) CONTRACT AUTHORITY.—Funds author- the Secretary under section 104(a) of title 23, (2) SCENIC BYWAYS PROGRAM.—Section ized under this paragraph shall be available United States Code, as soon as practicable 1047(d) of the Intermodal Surface Transpor- for obligation in the same manner as if the after the date of enactment of a law reau- tation Efficiency Act of 1991 (23 U.S.C. 101 funds were apportioned under chapter 1 of thorizing the Federal-aid highway program note; 105 Stat. 1998) is amended in the first title 23, United States Code, and shall be sub- enacted after the date of enactment of this sentence— ject to any limitation on obligations for Fed- Act. (A) by striking ‘‘1994, and’’ and inserting eral-aid highways and highway safety con- (2) AUTHORIZATION OF CONTRACT AUTHOR- ‘‘1994,’’; and struction programs. ITY.— (B) by inserting before the period at the (2) DISTRIBUTION OF FUNDS.—The Secretary (A) IN GENERAL.—In addition to funds made end the following: ‘‘, and $7,000,000 for the pe- shall distribute funds authorized under para- available under paragraph (1), there shall be riod of October 1, 1997, through March 31, graph (1) to the States in accordance with available from the Highway Trust Fund 1998’’. section 104(f)(2) of title 23, United States (other than the Mass Transit Account) for (d) INTELLIGENT TRANSPORTATION SYS- Code. administrative and research expenses of the TEMS.—Section 6058(b) of the Intermodal Federal-aid highway program $158,500,000 for Surface Transportation Efficiency Act of (g) TERRITORIES.—Section 1003 of the Inter- fiscal year 1998. 1991 (105 Stat. 2194) is amended— modal Surface Transportation Efficiency Act S12452 CONGRESSIONAL RECORD — SENATE November 10, 1997 of 1991 (105 Stat. 1918) (as amended by sub- ‘‘(1) in subsection (a), by inserting ‘and for (2) in subsection (e)(3)— section (b)) is amended by adding at the end the period of October 1, 1997, through March (A) by striking ‘‘1997’’ and inserting ‘‘1998’’, the following: 31, 1998,’ after ‘1997,’; and and ‘‘(f) TERRITORIES.— ‘‘(2) by adding at the end the following: (B) by striking all that follows ‘‘the enact- ‘‘(1) IN GENERAL.—In lieu of the amounts ‘‘ ‘(e) SPECIAL RULE FOR OCTOBER 1, 1997, ment of’’ and inserting ‘‘the last sentence of deducted under section 104(b)(1) of title 23, THROUGH MARCH 31, 1998.—The Secretary subsection (c)(1).’’ United States Code, there shall be available shall determine the amount that each urban- (b) AQUATIC RESOURCES TRUST FUND.—Sec- from the Highway Trust Fund (other than ized area is to be apportioned for fixed guide- tion 9504(c) of the Internal Revenue Code of the Mass Transit Account) for the Virgin Is- way modernization under this section on a 1986 (relating to expenditures from Boat lands, Guam, American Samoa, and the Com- pro rata basis to reflect the partial fiscal Safety Account) is amended by striking monwealth of the Northern Mariana Islands year 1998 funding made available by section ‘‘April 1, 1998’’ and inserting ‘‘October 1, $15,000,000 for the period of October 1, 1997 5338(b)(1)(F).’. 1998’’. through March 31, 1998. ‘‘(c) AUTHORIZATIONS.—Section 5338 of title (c) NATIONAL RECREATIONAL TRAILS TRUST ‘‘(2) CONTRACT AUTHORITY.—Funds author- 49, United States Code, is amended— FUND.—Section 9511(c) of the Internal Reve- ized under this subsection shall be available ‘‘(1) in subsection (a)— nue Code of 1986 (relating to expenditures for obligation in the same manner as if the ‘‘(A) in paragraph (1), by adding at the end from Trust Fund) is amended by striking funds were apportioned under chapter 1 of the following: ‘‘1997’’ and inserting ‘‘1998’’. title 23, United States Code, and shall be sub- ‘‘ ‘(F) $1,328,400,000 for the period of October (d) EFFECTIVE DATE.—The amendments ject to any limitation on obligations for Fed- 1, 1997, through March 31, 1998.’; and made by this section shall take effect on Oc- eral-aid highways and highway safety con- ‘‘(B) in paragraph (2), by adding at the end tober 1, 1997. struction programs.’’. the following: Mr. CHAFEE. Mr. President, I am SEC. 6. EXTENSION OF HIGHWAY SAFETY PRO- ‘‘ ‘(F) $369,000,000 for the period of October pleased to announce that the Senate GRAMS. 1, 1997, through March 31, 1998.’; and House have reached an agreement (a) NHTSA HIGHWAY SAFETY PROGRAMS.— ‘‘(2) in subsection (b)(1), by adding at the end the following: to continue funding for the Nation’s Section 2005(1) of the Intermodal Surface Federal-aid highway, safety and transit Transportation Efficiency Act of 1991 (105 ‘‘ ‘(F) $1,131,600,000 for the period of October Stat. 2079) is amended— 1, 1997, through March 31, 1998.’; programs. The Surface Transportation (1) by striking ‘‘1996, and’’ and inserting ‘‘(3) in subsection (c), by inserting ‘and not Extension Act of 1997 will keep our ‘‘1996,’’; and more than $1,500,000 for the period of October transportation system up and running. (2) by inserting before the period at the end 1, 1997, through March 31, 1998,’ after ‘1997,’; It will give States the flexibility they the following: ‘‘, and $83,000,000 for the period ‘‘(4) in subsection (e), by inserting ‘and not need to continue transportation plan- of October 1, 1997, through March 31, 1998’’; more than $3,000,000 is available from the ning and construction activities until a and Fund (except the Account) for the Secretary for the period of October 1, 1997, through permanent reauthorization of the (b) ALCOHOL-IMPAIRED DRIVING COUNTER- Intermodal Surface Transportation Ef- MEASURES.—Section 410 of title 23, United March 31, 1998,’ after ‘1997,’; States Code, is amended— ‘‘(5) in subsection (h)(3), by inserting ‘and ficiency Act [ISTEA] is enacted, hope- (1) in subsection (c)— $3,000,000 is available for section 5317 for the fully early next year. (A) by striking ‘‘5’’ and inserting ‘‘6’’; and period of October 1, 1997, through March 31, The Senate-House agreement pro- (B) in paragraph (3), by striking ‘‘and 1998’ after ‘1997’; vides $9.7 billion of obligation author- fifth’’ and inserting ‘‘fifth, and sixth’’; ‘‘(6) in subsection (j)(5)— ity—money States actually can spend. (2) in subsection (d)(2)(B), by striking ‘‘(A) in subparagraph (B), by striking ‘and’ This $9.7 billion in spending authority ‘‘two’’ and inserting ‘‘3’’; and at the end; is distributed according to the struc- ‘‘(B) in subparagraph (C), by striking the (3) in the first sentence of subsection (j)— ture provided in S. 1454, the Senate- (A) by striking ‘‘1997, and’’ and inserting period at the end and inserting ‘; and’; and ‘‘1997,’’; and ‘‘(C) by adding at the end the following: passed extension bill, which we passed (B) by inserting before the period at the ‘‘ ‘(D) the lesser of $1,500,000 or an amount this month. Each State is guaranteed end the following ‘‘, and $12,500,000 for the pe- that the Secretary determines is necessary is at least 50 percent of its previous riod of October 1, 1997, through March 31, available to carry out section 5318 for the pe- year’s limitation to spend on any 1998’’. riod of October 1, 1997, through March 31, transportation project or program. To (c) NATIONAL DRIVER REGISTER.—Section 1998.’; keep the States on an equal footing, 30308(a) of title 49, United States Code, is ‘‘(7) in subsection (k), by striking ‘or (e)’ however, no State may spend more and inserting ‘(e), or (m)’; and amended— than 75 percent of its 1997 spending lim- (1) by striking ‘‘1994, and’’ and inserting ‘‘(8) by adding at the end the following: ‘‘1994,’’; and ‘‘ ‘(m) SECTION 5316 FOR THE PERIOD OF OC- itation. (2) by inserting after ‘‘1997,’’ the following: TOBER 1, 1997, THROUGH MARCH 31, 1998.—Not As you might know, one of the major ‘‘and $1,855,000 for the period of October 1, more than the following amounts may be ap- concerns we had with the 6-month ex- 1997, through March 31, 1998,’’. propriated to the Secretary from the Fund tension bill passed by the House was its SEC. 7. EXTENSION OF MOTOR CARRIER SAFETY (except the Account) for the period of Octo- formula structure. By adopting the PROGRAM. ber 1, 1997, through March 31, 1998: spending structure in the Senate bill, Section 31104(a) of title 49, United States ‘‘ ‘(1) $125,000 to carry out section 5316(a). we have avoided the contentious fight ‘‘ ‘(2) $1,500,000 to carry out section 5316(b). Code, is amended— over formulas that would have pre- (1) in paragraphs (1) through (5), by strik- ‘‘ ‘(3) $500,000 to carry out section 5316(c). ‘‘ ‘(4) $500,000 to carry out section 5316(d). vented us from going forward had we ing ‘‘not more’’ each place it appears and in- adopted the House formulas. serting ‘‘Not more’’; and ‘‘ ‘(5) $500,000 to carry out section (2) by adding at the end the following: 5316(e).’.’’. Another important feature of the ‘‘(6) Not more than $45,000,000 for the pe- SEC. 9. EXTENSION OF TRUST FUNDS FUNDED BY Senate-passed bill we have agreed to riod of October 1, 1997, through March 31, HIGHWAY-RELATED TAXES. preserve is the flexibility provision. 1998.’’. (a) HIGHWAY TRUST FUND.—Section 9503 of Under current law, the States are re- the Internal Revenue Code of 1986 (relating SEC. 8. EXTENSION OF FEDERAL TRANSIT PRO- stricted in using their unobligated bal- GRAMS. to Highway Trust Fund) is amended— ances across Federal-aid highway, (1) in subsection (c)— Title III of the Intermodal Surface Trans- transit and safety categories. The Sen- portation Efficiency Act of 1991 (105 Stat. (A) in paragraph (1)— (i) by striking ‘‘1997’’ and inserting ‘‘1998’’; ate-House agreement allows the States 2087–2140) is amended by adding at the end to spend their balances on any Federal- the following: and (ii) by striking the last sentence and in- aid highway, transit or safety program ‘‘SEC. 3049. EXTENSION OF FEDERAL TRANSIT serting the following new flush sentence: PROGRAMS FOR THE PERIOD OF OC- category. To prevent important envi- TOBER 1, 1997, THROUGH MARCH 31, ‘‘In determining the authorizations under ronmental programs such as the Con- 1998. the Acts referred to in the preceding sub- gestion Mitigation and Air Quality Im- ‘‘(a) ALLOCATING AMOUNTS.—Section paragraphs, such Acts shall be applied as in provement Program [CMAQ] from 5309(m)(1) of title 49, United States Code, is effect on the date of the enactment of this being unfairly disadvantaged, however, amended by inserting ‘, and for the period of sentence.’’; the Secretary of Transportation must October 1, 1997, through March 31, 1998’ after (B) in paragraph (4)(A), by striking ‘‘1997’’ ‘1997’. and inserting ‘‘1998’’; restore the transferred funds back to ‘‘(b) APPORTIONMENT OF APPROPRIATIONS (C) in paragraph (5)(A), by striking ‘‘1997’’ these programs when the long-term re- FOR FIXED GUIDEWAY MODERNIZATION.—Sec- and inserting ‘‘1998’’; and authorization bill is enacted. tion 5337 of title 49, United States Code, is (D) in paragraph (6)(E), by striking ‘‘1997’’ The Senate-House agreement pre- amended— and inserting ‘‘1998’’; and serves the Federal commitment to November 10, 1997 CONGRESSIONAL RECORD — SENATE S12453 safety by funding key ISTEA safety sure that we addressed these important portation programs. Every State will programs. This is a very important issues before going home for the year. have 50 percent of their 1997 allocation part of our legislation. In the United Senator BOND did yeoman work on this to continue highway spending. This is States, there are more than 40,000 fa- program, as did Senator WARNER and a unique formula. Recognizing that talities and 3.5 million collisions on Senator BAUCUS, both of whom are on this Chamber was not going to pass a 6- our highways every year. The measure the floor. And I personally thank them month bill as sent over by the House, before us will help ongoing efforts to for their diligent and constructive Mr. Bond, of Missouri, came forward reverse this disturbing trend. Funds work on this program. with this basic blueprint which then are provided to enable the Motor Car- I also wish to thank the majority the four of us crafted, and it took a lot rier Safety Assistance Program, the leader for all of his help. He was a of give and take to craft it in such a State and Community Safety Grant steadfast ally in assuring that this way that we did not restore the for- Program, the National Driver Register, work would be completed. mula—no formula fight at this point in and the Alcohol Impaired Driving Further, Mr. President, the staff of time. Countermeasures Program. all members have been tremendously I do not call it a formula fight. I just The federal transit discretionary and helpful. Jimmie Powell, Dan Corbett, call it a formula resolution because formula programs will receive the Tom Sliter, Linda Jordan, Cheryle eventually we are going to have to re- funds they need. Tucker, Kathy Ruffalo, Ann Loomis, solve this formula thing, and we will do The Senate-House agreement will Ellen Stein, Tracy Henke, and Keith it. But thus far this bill, this particular provide funds for the Federal Highway Hennessey of Senator LOTT’s staff, Bond bill preserves the flexibility for Administration to continue its oper- every single one of them have done the Senate to continue with the ISTEA ations and to assist the States in run- yeoman’s work in connection with get- II bill which is a bill that I term fair. ning their transportation programs. ting this bill in the shape it is now, and Fairness is the hallmark of all of our Without the measure before us, the all of us join in thanks to each and work that has gone into the ISTEA II Federal Highway Administration would every one of them. 6-year bill which hopefully we will pass have shut down in January and 3,600 I thank the Chair. in large measure as currently struc- employees would have been sent home Mr. WARNER addressed the Chair. tured by our committee, but it is a for- because we lack the ability to pay The PRESIDING OFFICER. The Sen- mula which is fair, and that is the them. ator from Virginia. thing that was so lacking in ISTEA I. Mr. WARNER. Mr. President, I have The Senate-House agreement extends New funds for critical programs; con- known Senator CHAFEE since 1969, the transfer of funds from the highway tinues funding the Federal Government when we served together in the Depart- trust fund to the aquatic resources for 6 months for essential safety, tran- ment of the Navy. One of the hall- trust Fund to be used for sport fish res- sit and Federal highway operations. marks of this great American is humil- toration and boating safety programs. Three thousand five hundred jobs were ity, and he always displays it. But we The bill also will provide funds nec- held in abeyance and still are until the know that in the final few hours here it essary for our local transportation President’s signature is affixed to this has been our chairman, JOHN CHAFEE, planners, the metropolitan planning piece of legislation. organizations, to continue their work. who has struck the final chords of ne- Now, they are the persons not only The agreement also provides $5.5 bil- gotiation and coordinated with our dis- here in the Nation’s Capital but each of lion in new contract authority, which tinguished leader, Mr. LOTT, and was the 50 States, in the highway offices, will be distributed proportionately ac- able together in consultation with Sen- who day in and day out through good cording to the structure in the Senate- ator BAUCUS, myself, and Senator BOND weather and bad weather, through one passed bill. I want to make it clear to fashion the final portion of this in- administration in the State and the that this new contract authority will terim highway measure. next administration, are there as pro- not affect the overall spending limita- So we thank the chairman, indeed, fessional advisers on the very impor- tion of $9.7 billion provided in the the staff and all, and again our distin- tant obligation that all of us have to agreement. guished leader. I have now served under modernize and to continue to improve Let me add that we will have the op- three leaders, and Senator LOTT has portunity next year to enact a long- the ability to tell a chairman to go get America’s highway infrastructure. term ISTEA reauthorization that will the job done. If necessary, you can con- A major change from the Bond bill set the comprehensive transportation tact me. Otherwise, I trust you. He ef- provides $5.5 billion in new contract policy necessary to take us into the fectively runs the Senate, certainly on authority to the States using the Sen- next century. our side of the aisle, with that type of ate’s approach. Now, that is a large The majority leader has assured me strong leadership and confidence in measure we should acknowledge came that the ISTEA II bill—in other words, which he imposes on chairmen and from the House of Representatives the one that we will be considering members to do the job. under the leadership of their chairman next year, that we have already had on I think we have done the job for both and ranking member. And Mr. CHAFEE, the floor but regrettably we weren’t sides. It has been a bipartisan effort. Mr. BAUCUS, Mr. BOND, and I have met able to get to it for longer—that the As a committee chairman, it is a privi- with them the past several days. That bill which was reported out of the En- lege for me to have the distinguished was something they felt very strongly vironment and Public Works Commit- senior Senator from Montana [Mr. about, and it is the result of a com- tee 7 weeks ago will be the first item BAUCUS], as my ranking member on the promise. They fought very hard in before the Senate when we reconvene subcommittee which he takes on in ad- some instances to make some modi- in January. dition to his overall responsibilities as fications for States which deservedly That is the statement of the major- ranking member on the full commit- should have some additional recogni- ity leader. tee. tion. It was the judgment of those of us In the meantime, the Senate-House It is interesting; the three of us, in certainly on this side that we could not agreement will keep the State and Fed- guiding through the principal bill, in this bill at this time begin to single eral transportation programs running. ISTEA II, the 6-year bill, have been out some of those hardship cases, but It will ensure that no highway contrac- really working in concert as a trium- their rights to reassert those hardship tors will be put out of work because of virate all along in fashioning this im- cases for several States are preserved lack of Federal dollars. And it will con- portant piece of legislation. under this bill for the 6-year bill next tinue funding for vital safety and tran- Mr. President, the distinguished year. These funds are an advance to the sit programs. Moreover, it will keep chairman went over the various provi- States. These funds will be counted as the momentum going to enact the 6- sions here—flexibility whereby the part of each State’s formula until the year bill early next year. States are allowed to spend unobli- final bill is done. Before closing, Mr. President, I want gated balances for highway construc- So that in substance concludes my to give special recognition to Senator tion, highway safety and transit remarks, Mr. President. It is really BOND, who was instrumental in making projects, and, second, continues trans- just so pleasing for us, after such a S12454 CONGRESSIONAL RECORD — SENATE November 10, 1997 long struggle, to preserve this infra- I particularly wish to thank Members that perhaps we could have that legis- structure so that the jobs can con- of the other body, the chairman of the lation fully considered as part of this tinue. All over America, literally mil- House Committee, Mr. SHUSTER of process. An objection was raised, and I lions of jobs depend on the passage of Pennsylvania, also Mr. OBERSTAR, who understand the reasons for it, and con- this piece of legislation. And the sev- is the ranking member of the full com- sequently we did not have the oppor- eral Governors I think can say to mittee, Mr. PETRI and also Mr. RA- tunity to actually vote on the House themselves that they have had a strong HALL. The four of them met with us, legislation. Had we had that chance, I influence on this bill, all 50, one way or and I very much compliment them be- would have voted to support it, which another together with their respective cause they worked very cooperatively is the reason I sought to bring it to the secretaries of transportation and the with Senators CHAFEE, myself, and floor. officials in that State who have in Senator WARNER in figuring out this Nevertheless, moving forward with them the responsibility for transpor- short-term solution. Sometimes nego- an extension of one sort or another—as tation. tiations between this body and the long as it begins to move us in a direc- I think, all in all, we have done a other body get a little protracted and tion, from Michigan’s perspective, of good job. unnecessarily so. That was not the case fairness and equity with regard to The PRESIDING OFFICER. The Sen- here. The Members I mentioned worked transportation dollars—was important ator from Montana. very hard and worked very well to- for us to accomplish for several reasons. First, because highway planning Mr. BAUCUS. Mr. President, I will gether. I thank them very much for all and construction need some sort of leg- not comment on the specifics of the that they have done. This is a good islative framework in which to operate. short-term bill. They have been ade- compromise. It provides flexibility and In my State of Michigan, highway com- quately described by the very distin- it is something we can proudly pass, so guished chairman of the committee, missioners and contractors are now in long as we remember that next year we a position to begin planning for next Senator CHAFEE, of Rhode Island, as have major work ahead of us. year’s construction season. In addition, well as the distinguished chairman of I particularly wish to thank our out- of course, it is vitally important that the subcommittee, Senator WARNER. standing staff: Jimmie Powell, Dan highway and trucking safety programs I do have a couple of points I want to Corbett, as well as Linda Jordan, and make which I think are very impor- are provided the necessary funding to Cheryle Tucker, who are with Senator continue operating as well. In addition, tant. No. 1, this is a true compromise. CHAFEE’s staff, worked extremely effec- We in this body suggested $500 million this short-term extension does provide tively and hard, Ann Loomis and Ellen new funding for my State, funding in new contract authority. The House Stein with Senator WARNER, and Tracy which is at a level greater than that originally suggested about $12 billion Henke, the voice of Senator BOND. She which we are used to under the current in new contract authority for next is very, very good. I was very im- ISTEA formula that has been in effect year. We have compromised on $5.5 bil- pressed with her in these negotiations. in recent years. lion in new contract authority, and we And two members of my own staff, of Finally, the legislative extension have done it in a way which does not course, Kathy Ruffalo and Tom Sliter. provides a deadline of July 1 for us to get into new formulas. The Senate has I will not say they are better than the pass follow-on legislation to ISTEA. its formula certainly in the 6-year bill others, but they are very, very good. That, in my judgment, will level the it passed. The House has their formula We have a good team, and we work playing field during the legislative approach. very well together. I was really struck process and take away the incentives This short-term bill is a compromise with just how closely we have been for some States with high levels of un- in the amounts of the contract author- working together. Senator WARNER and obligated balances to engage in delay- ity, but in a way that does not get into Senator CHAFEE have alluded to it, but ing and other types of dilatory tactics formulas. I think that is very fair, it is also at the staff level. It is co- in order to force donor States to con- again reminding Senators that about operation and it is teamwork which I tinue to operate under the old deal, $9.7 billion will be available May 1. very much look forward to as we work which was a bad deal. The second point is this will allow out the 6-year bill next year. Let me also speak specifically about States to have continuity in their I thank the chairman and I thank the this legislation’s impact on Michigan highway programs. Contractors, high- chairman of the subcommittee. and our funding levels. Under the legis- way commissions, employees, guys in I yield the floor. lation passed here today, Michigan will the various labor unions, men and Mr. ABRAHAM addressed the Chair. receive $163 million in additional con- women who actually do the work here The PRESIDING OFFICER. The Sen- tract authority. This will provide are very worried about whether we will ator from Michigan. Michigan with a total of $380 million in have continuity, whether the program Mr. ABRAHAM. I thank the Chair. highway funds through May 1, or $650 will continue, whether States will be I would like to just comment on the million on an annual basis. This is $135 able to let bids and accept bids and set legislation which we are passing here, million more than Michigan averaged up new projects. This bill, the short- the 6-month extension of the highway under ISTEA and $130 million more term bill, maintains the continuity legislation. I compliment all of the than we would have received under the until we get over into a full 6-year bill, Members on this side who have been in- original Senate formula that was pro- which I hope we pass early next year. volved in these negotiations for their posed last week. Senator LOTT suggested that we will success in bringing about a short-term So I thank and compliment our Sen- take up the 6-year bill as the first extension. ate participants here, the leadership of order of business after the State of the As one of the numerous Members the Environment and Public Works Union Address next year, and I am very here who has been in correspondence as Committee, as well as the Subcommit- hopeful the House will also act very well as in conversation with the leader- tee on Transportation and Public quickly. ship on this issue for the last several Works for the movement that has Another point is that even though we weeks urging a short-term extension, I taken place since last week. This defi- are somewhat congratulating ourselves am pleased that we have reached one. nitely, from the standpoint of Michi- in working with the other body in pass- As I think all of the participants know, gan, is a good start. But I want to ing this short-term bill, we have to re- last week when the first effort along stress that I see it as a good start, not member that the major challenge is these lines was undertaken, I offered, the end of the story, as the Senator still before us. It is passing that 6-year or attempted to offer as a substitute, from Montana just indicated. There is bill. I urge all my colleagues as well as to actually call up the bill which had much more to be done. A full 6-year Members of the other body to be ready been passed, Representative SHUSTER’S bill is now the next item for us to con- to roll up their shirt sleeves the begin- bill, H.R. 2516. That legislation from sider with respect to transportation ning of next year to work very hard to the standpoint of my State would have funding. Apparently it will be at the get this 6-year bill passed so then provided more funds, much needed beginning of next year’s session that States will truly be assured of continu- funds for our State of Michigan over we take up that 6-year plan. So I in- ity. the next 6 months, and I had hoped tend to continue working, as I have November 10, 1997 CONGRESSIONAL RECORD — SENATE S12455 worked during this process, to ensure was going to be vigilant. I can assure in this Congress by me and other Sen- that Michigan’s return on gas tax dol- everybody within range he has been ators from donor States to seek more lars is more equitable than it has been vigilant, continuously, on this legisla- equitable treatment for our States in the past. tion. As a matter of fact, I have not than we received under ISTEA, such as Michigan is 1 of the 21 donor States. quite gotten to the situation where, in Senate amendment No. 1376, which I We have traditionally received back as when I see him coming down the hall, offered on October 27. little as 69 cents for every dollar of gas I will duck into a nearby doorway, but Mr. WARNER. No. This is simply a tax we have sent to Washington. Our he has pressed Michigan’s case very, stopgap measure to allow Federal high-water mark is usually, at the very strongly. When he assures us that Highway Administration, safety and best, in the 90-cents-back-per-dollar- he is going to continue that vigilance, transit programs, and to distribute sent-to-Washington range. But that I am not sure I look forward to that limited highway obligation authority doesn’t happen very often. with the greatest of pleasure. to the States so these important trans- As a result, the roads, the bridges Nonetheless, he argues his case very, portation programs can continue, al- and the other projects that fall under very well in behalf of Michigan, and I beit at a minimum level. Formula this legislation in our State have been am sure he will continue that vigorous changes could occur next year and it is dramatically underfunded. At the presentation in the future. So I thank our intent they be retroactive. State level, action has been taken this him because he does present his argu- Mr. LEVIN. Lastly, I understand that year to provide more funding through ments well, and that is very, very help- any contract authority distributed an increase in the State gas tax to ad- ful. through this bill to a State will be sub- dress in part these problems. But it is Mr. ABRAHAM. Will the Senator tracted from each State’s allocation in equally clear that, unless more funding from Rhode Island yield? I would just fiscal year 1998 and later. Could the is made available to Michigan from the like to thank the Senator from Rhode Senator comment on that statement? Federal level, we will not be able to Island, as I said. While I know I have Mr. WARNER. The Senator is cor- meet all of our transportation obliga- been a frequent visitor to his doorstep rect. Though this bill cannot bind the tions as we move into the next cen- and to those of the other Members outcome of the multi-year bill, we have tury. The reason we are not receiving here, he consistently and very gra- an agreement that any contract au- the level that we should is a result of ciously listened to our case, and we thority distributed to a State will the formulas that have been in place look forward to working with him and count against the amount that that and the various other sorts of projects thank him for his consideration and his state will be authorized to receive in that have been in place during recent willingness to work with us. fiscal year 1998 and beyond. years. Mr. CHAFEE. Mr. President, the Sen- Mr. LEVIN. I thank the Senator for So I stand here today to indicate my ator from Montana was so right in rec- his assistance, and his continuing hard continued vigilance on this issue, my ognizing the cooperation of the Mem- work on behalf of a fairer highway continued willingness to work with all bers of the House. I worked with them, funding formula. of the Members on the Senate side, and as did the other Members. Several Mr. MOYNIHAN. Mr. President, Sen- anyone on the House side as well who times we had meetings, telephone calls ators CHAFEE, BOND, WARNER, and BAU- will be participating in this process, for with Representative SHUSTER, the CUS are to be commended upon their the purpose of securing Michigan its chairman of the counterpart commit- successful negotiations with the House fair share. For too long we have been tee in the House, Representative PETRI, to produce a short-term extension to sending more highway dollars, more Representative OBERSTAR, and Rep- the Intermodal Surface Transportation gas tax dollars to Washington than we resentative RAHALL. All of them were Efficiency Act [ISTEA] of 1991. This have been receiving back. That has very helpful. Obviously, you cannot get bill will provide the States with the hurt our State. It is time for that to a compromise unless you get the other necessary funding while Congress com- change. So we will continue the effort. pletes its consideration of a 6-year au- I look forward to working with Sen- side to join in the compromise. Fortu- nately, they were helpful in achieving thorization bill early next year. ators CHAFEE and WARNER and BAUCUS that. I am pleased that the agreement au- and others. thorizes the States to spend up to $9.7 In the remarks of the Senator from Mr. President, also, when I listed the billion in highway funds and up to Virginia, he mentioned certain hard- staff members that we worked so close- nearly $3 billion in transit funds over ship States. I don’t think the term ly with, I omitted Brian Riley from the the next 7 months. The bill also pro- ‘‘hardship’’ could be more applicable Budget Committee, who was extremely vides an additional $5.5 billion in ad- than it is to the State of Michigan. We helpful to us. His knowledge and exper- suffer from the fact that our Interstate tise were very, very useful. vance contract authority for the future System is 7 years older on average Mr. LEVIN. Mr. President, I would continuation of our highway program. The bill provides States with flexibil- than the rest of the country’s. We have, like to engage in a brief colloquy with ity to transfer money among program as a result of the climate and the cold the distinguished chairman of the Sub- categories. The Secretary of Transpor- weather that we confront in our win- committee on Transportation and In- ters, far more seasonal challenges than frastructure regarding the bill we have tation is required to ensure, however, most States must face. before us. that all transferred funds be restored For all of these reasons, combined Does this bill extend or otherwise re- to their original intended use once a with the fact that we have been a authorize the inequitable formulas long-term bill ISTEA is passed. I in- donor State, we do not have the infra- that were part of ISTEA? tend to join with my colleagues to structure transportation system that Mr. WARNER. Only insofar as the make sure that the Secretary faith- the citizens of our State deserve. So fiscal year 1997 allocations are a reflec- fully carries out this directive and that this Senator will continue to work to tion of the formulas that were operat- none of ISTEA’s key environmental ensure, when the final decisions are ing in the final year of ISTEA. How- programs, like CMAQ and Enhance- made and when the ISTEA package for ever, this bill is formula neutral. We ments, will suffer because of the flexi- 6 years into the future is ultimately re- are simply allowing States to use a bility granted in this measure. The bill solved, that it reflects Michigan’s portion of their unobligated balances also provides $78.5 million directly to needs, the hardships we have worked with a nominal amount of new con- the metropolitan planning organiza- under, and the legitimate requirements tract authority. This will not and tions, so they will not be adversely af- that we have to address our economic should not change any States’ relative fected by this flexibility provision. and transportation challenges in the bargaining position when we finally act New York will be apportioned $325 future. on a longer-term authorization bill million in new highway funds and $380 I yield the floor. which provides new obligation author- million in transit funds. With its exist- The PRESIDING OFFICER. The Sen- ity to the States for fiscal year 1998 ing balances, New York will be able to ator from Rhode Island. and beyond. spend nearly $900 million over the next Mr. CHAFEE. Mr. President, the Sen- Mr. LEVIN. Is there anything in this half year on transportation. I am con- ator from Michigan mentioned that he bill that would prejudice efforts later fident that with this measure, New S12456 CONGRESSIONAL RECORD — SENATE November 10, 1997 York will be able to maintain its high- open market on the Earth. And no one tiating objectives because the commit- way and transit construction program opposing fast track today is seeking to tee recognizes that these nontrade over the short term. raise a tariff wall against goods from areas have an impact on trade. I am concerned, however, that come other nations. We do use trade agreements to pro- May, the House and Senate will still The real issue is what America’s mote more consistent and more equi- not be close to agreement and we will trade policy should be for the 21st cen- table regulatory systems around the face the need to pass another short- tury. Do we continue doing things the world. And we need to recognize, once term measure. It is essential that the way we have been doing them for the and for all, that the nonenforcement— process for passing any future ISTEA last 20 years? Or do we find the courage or nonexistence—of labor and environ- extensions be inclusive and address the to develop a trade policy that benefits mental standards jeopardizes American needs of the transit program, which, all Americans, from the corporate of- jobs and industry just as much as the unlike highways, will have almost no fice to the assembly line to the store- nonenforcement and nonexistence of unobligated balances by May. ISTEA’s front. And do we finally forge a true intellectual property laws. goal was to create an intermodal trans- partnership between the executive and One of the first agreements that portation system and I will fight any legislative branch to develop trade pol- would come before the Senate under attempt to divorce highway needs from icy? fast track would be the accession of transit needs. Fast-track supporters maintain that, Chile to the NAFTA. So, it’s fair to ask Mr. President, I suggest the absence without the fast-track procedure, Con- how well this agreement, negotiated of a quorum. gress will simply amend any trade and adopted under fast-track proce- The PRESIDING OFFICER. The agreement to death. They say trade dures, has operated for our country. clerk will call the roll. agreements involve too many players, One year before the implementation The assistant legislative clerk pro- are too complicated, and are too deli- of NAFTA, the United States had a ceeded to call the roll. cate to risk bringing before a Congress trade surplus with Mexico of about $2 Mr. LOTT. Mr. President, I ask unan- where most Members didn’t have direct billion. Last year, the United States imous consent that the order for the involvement in the negotiations. had a trade deficit with Mexico of near- quorum call be rescinded. This is nonsense. There are many, ly $17 billion—a $19 billion shift in The PRESIDING OFFICER. Without very complicated and delicate issues trade over a 3-year period. The admin- objection, it is so ordered. passed by Congress through the normal istration claims that 120,000 to 160,000 f legislative process. This year’s budget jobs have been created as a result of deal is a prime example, There were NAFTA. But the Labor Department’s FAST-TRACK LEGISLATION many players involved. The subject NAFTA Trade Adjustment Assistance Mr. FORD. Mr. President, the Senate matter was broad and complex. Most Program has certified 136,000 workers is in the process of considering fast- Members did not play a direct role in as having lost their jobs as a result of track legislation—a take-it-or-leave-it the negotiations. And the final resolu- NAFTA. Other estimates, including a procedure for any trade agreements the tion involved a delicate compromise recent one by the Economic Policy In- administration sends to the Congress that could have easily fallen apart. stitute, put the number at 400,000 jobs for approval. This procedure, created But Congress took up the entire lost. back in 1974, prevents Congress from package and passed it. The President By far, the hardest hit has been the taking any steps to improve trade signed it and we are now on our way to apparel sector, which has lost 158,000 agreements, even if there is unanimous a balanced budget. I believe the same workers in the last 28 months as ap- agreement to do so. model could be applied to trade talks. parel imports from Mexico have dou- While it has only been used five Mr. President, aside from the basic bled. times since its creation, Americans philosophical differences over how this NAFTA certainly has been a suc- need to understand that it amounts to Nation should approach trade policy, cess—for Mexico. Unfortunately, Amer- an abdication of Congress’ power, the fast-track bill reported by the Fi- ica has fared much worse under the granted under article I, section 8 of the nance Committee forces the President agreement. Constitution: ‘‘to regulate commerce to negotiate trade agreements in a vac- Fast-track supporters argue that if with foreign nations.’’ uum. Under this legislation, the Presi- we don’t act now to expand the NAFTA Fast track does not provide the dent is forced to ignore the lack of fair to include Chile, and, ultimately, other President with negotiating authority. labor standards or adequate environ- South American countries, we will cede The President already has that author- mental standards in other countries. our leadership and fall behind to other ity. Agreements are then submitted to We should not simply accept the trading partners. Congress for its approval. premise that labor and environmental But listen to what the pro-NAFTA In fact, this President has concluded standards have nothing to do with 20th Century Fund has to say about the over 200 trade agreements since taking trade. Any business in America recog- cost of not expanding NAFTA: office, only 2 of which were approved nizes that labor and environmental pol- What are the costs to the United States if by Congress under fast-track proce- icy is, in fact, competitiveness policy. NAFTA is not expanded? . . . Despite the dures. If they didn’t believe it, they wouldn’t growth of intraregional trade outside the Mr. President, much is at stake in oppose even modest increases in the NAFTA, the costs to the United States of this debate. The issue today is how we minimum wage. If they didn’t believe failing to expand NAFTA are not high in strictly economic terms. Whatever occurs on can best ensure that all Americans— it, they wouldn’t be concerned about the trade front, the United States will re- corporate chiefs, shareholders, and new EPA regulations on clean air. main the region’s dominant economy. workers—can benefit from expanded But the fact is, they do believe it. NAFTA represents 75% of trade in the hemi- trade. And so should Congress when it comes sphere. . .And NAFTA’s exports and imports Supporters of fast-track legislation to the labor and environmental policies are more than ten times those of Mercosur, are misleading the American public of our trading partners. They make a the next largest regional organization. when they claim our economic leader- difference wherever goods are made, And the facts bear out what the 20th ship is at stake. Last month’s turmoil bought, or sold. Century Fund says. In the past year, in the financial markets provided new My colleagues should also be aware without fast track and without new evidence that the entire world takes its that the committee bill requires the trade agreements, our trade surplus economic cues largely from what hap- President to ignore environmental and with South America has doubled, to pens here in America. labor policy, while at the same time re- $3.6 billion. This is also not a battle that pits free quiring him to negotiate on several As bad as the national numbers are, traders versus protectionists. With ex- other nontrade areas. they are still worse for my own State ports a key part of the U.S. economy, Patent and copyright law. Monetary of Kentucky. Exports to Mexico ac- no one is discounting our economy’s policy. Food safety issues. Government count for just 3 percent of all Ken- global nature. But the fact remains procurement policies. All of these are tucky’s exports and support just 950 that this Nation is already the most included in the bill’s principal nego- jobs, according to the pro-NAFTA November 10, 1997 CONGRESSIONAL RECORD — SENATE S12457 Council of the Americas. NAFTA re- consecutive year of record high trade amend its law. This would mean that sulted in an increase of just 4 million deficits. The monthly trade deficit has U.S. distilled spirits exporters won’t dollars’ worth of exports to Mexico increased each month this year except get a thing out of an agreement that from Kentucky. June. was supposed to win them market ac- Unfortunately, the other side of the Why do we have such enormous defi- cess. equation—imports from Mexico—has cit? In the past, the experts have Mr. President, I want to close by re- had a much more immediate and dev- chalked it up to our persistent and iterating what brings me and other astating impact on Kentucky. In 1993, large budget deficits. But now that we fast-track opponents to the floor. It’s over 30,000 Kentuckians worked in the are in our fifth year of declining budget not because we want to raise up new apparel industry. Today, there are just deficits and on our way to a balanced tariff walls. It’s not because we are iso- 25,000 Kentucky apparel workers. The budget, that explanation has fallen out lationists. It’s not because we want to layoffs began soon after NAFTA passed of favor. protect jobs from any competition and continue to this day. Just this past Now, the experts are prepared to tell whatsoever. It’s simply because our August, a major apparel manufacturer us the reason is a low savings rate trade policy has not been a good one in my State laid off 2,000 workers. compared to other countries—even for the people of my State, nor the vast When these jobs are lost and plants though many of those other countries majority of States. It’s because there close, it is simply devastating to whole with higher savings rates don’t have a ought to be a way to negotiate trade communities in Kentucky. I’d like to Social Security system, as we do. agreements that make Congress a part- share with my colleagues an account of It seems any explanation of a trade ner every step of the way. And it’s be- the plant closings we’ve suffered in deficit will do, so long as it has no con- cause there are so many problems in Kentucky. nection to our trade policy. But that, the agreements we have today that de- An August 8 story in the Louisville in this Senator’s mind, is where the mand to be fixed. Courier-Journal talked about the lat- problem is: our trade policy seems too So let’s work together to forge a new est blow to Kentucky’s garment indus- often to be crafted for the benefit of trade policy that truly opens markets try. Layoffs by Fruit of the Loom of other nations. overseas, that benefits all Americans 2,000 workers represents the latest loss Month after month, I receive letters and that includes important issues, to what the paper described as the from Kentucky businesses asking for like labor laws and environmental reg- ‘‘hemorrhaging garment-industry’’ in an end to a trade barrier an inter- ulation. Kentucky. ‘‘At Fruit of the Loom national trade agreement was supposed Mr. President, let’s put fast track on alone, employment will have fallen to resolve. This year, for example, I the right track. from 11,000 2 years ago to 5,000 by the have received letters that: called for an time the latest round of layoffs is com- end to Canada’s exploitation of a f pleted * * *.’’ NAFTA loophole to inundate the U.S. The vice president of Fruit of the with wool suits made of Chinese fabric; THE VERY BAD DEBT BOXSCORE demanded the Philippines implement a Loom was blunt in his assessment. Mr. HELMS. Mr. President, at the WTO decision against that country’s ‘‘We’re being impacted by global com- close of business Friday, November 7, system of using import licenses to keep petition resulting from international 1997, the Federal debt stood at American pork out; decried China’s de trade barriers. We can do the same $5,426,731,931,109.43 (Five trillion, four facto ban on pork and tobacco prod- work cheaper somewhere else.’’ hundred twenty-six billion, seven hun- Bill Parsons, executive director of ucts; called for better enforcement of dred thirty-one million, nine hundred the Lake Cumberland Area Develop- our flat glass agreement with Japan; thirty-one thousand, one hundred nine ment District where Fruit of the Loom and, opposed the EU’s proposal to ac- dollars and forty-three cents). is located, agrees. celerate the phase out of CFC’s in an One year ago, November 7, 1996, the Why would any good businessman want to effort to disadvantage U.S. exports. Mr. President, violations of existing Federal debt stood at $5,243,332,000,000 stay in the U.S., where its going to cost $8.48 (Five trillion, two hundred forty-three an hour to make a garment you can make agreements are particularly costly in for 48 cents somewhere else? It makes a lot the textile and apparel sector, where 4 billion, three hundred thirty-two mil- of business sense when you’re looking at the to 10 billion dollars’ worth of goods are lion). bottom line. illegally shipped to the United States. Twenty-five years ago, November 7, David and NaDena Agee know first- Countries like China and India rou- 1972, the Federal debt stood at hand about the bottom-line. Another tinely illegally label and ship their $435,658,000,000 (Four hundred thirty- Courier-Journal story tells how they products through a third country in five billion, six hundred fifty-eight mil- ‘‘have a mortgage on a house they order to avoid an agreed upon quota. lion) which reflects a debt increase of bought two years ago when they were Let me share a specific example of nearly $5 trillion—$4,991,073,931,109.43 both making good salaries at the Fruit the noncompliance I’m talking about. (Four trillion, nine hundred ninety-one of the Loom Plant in Campbellsville. After the enactment of the Uruguay billion, seventy-three million, nine They also have a 19-month-old son who round, the United States brought a hundred thirty-one thousand, one hun- is growing up fast. But after October 8, case against Japan. Japan maintained dred nine dollars and forty-three cents) neither David nor NaDena will have a a tax system designed to discourage during the past 25 years. job because of continuing layoffs at the the sale of imported distilled spirits, f plant. They are worried about how they including Kentucky bourbon. will provide for their son.’’ In November, 1996, the WTO found Instead of telling hardworking Amer- that the Japanese system violated the SENIOR CITIZEN HOME EQUITY icans like the Agees how fast track will principal of national treatment—that a PROTECTION ACT assure them of a stable future, support- participating nation must accord im- The text of the bill (S. 562) to amend ers of fast track are simply looking the ported and domestic products the same section 255 of the National Housing Act other way. treatment. to prevent the funding of unnecessary Mr. President, I understand that How did Japan respond? Japan agreed or excessive costs for obtaining a home international trade is not just confined to make the necessary changes to its equity conversion mortgage, as passed to NAFTA. But proponents of fast tax law—by the year 2001, five years by the Senate on November 9, 1997, is track won’t find a convincing argu- after the WTO decision! So now, the as follows: ment on the other side of the world ei- Japanese and American Governments S. 562 ther. are in negotiations over how long it’s Be it enacted by the Senate and House of Rep- Our trade deficit is enormous and going to take Japan to fix a law it resentatives of the United States of America in growing. In 1995, our trade deficit rang should never have adopted in the first Congress assembled, in at $105 billion. Last year’s deficit place. What’s more, there is now talk SECTION 1. SHORT TITLE. was still higher—$114 billion. And this that the United States may accept This Act may be cited as the ‘‘Senior Citi- year we are on our way to our fourth ‘‘compensation’’ for Japan’s refusal to zen Home Equity Protection Act’’. S12458 CONGRESSIONAL RECORD — SENATE November 10, 1997 TITLE I—SENIOR CITIZEN HOME EQUITY percent of the allocation of certain funds for 1987 (as in effect pursuant to section 604(c) of PROTECTION any operating subsidy purpose shall not the Cranston-Gonzalez National Affordable SEC. 101. DISCLOSURE REQUIREMENTS; PROHIBI- apply to amounts made available for fiscal Housing Act), subject to subsection (b), with TION OF FUNDING OF UNNECES- year 1998.’’. respect to any project that is eligible low-in- SARY OR EXCESSIVE COSTS. (b) MIXED FINANCE.—Section 14(q)(1) of the come housing (as that term is defined in sec- Section 255(d) of the National Housing Act United States Housing Act of 1937 (42 U.S.C. tion 229 of the Housing and Community De- (12 U.S.C. 1715z–20(d)) is amended— 1437l(q)(1)) is amended by inserting after the velopment Act of 1987)— (1) in paragraph (2)— first sentence the following: ‘‘Such assist- (1) the owner of the project may prepay, (A) in subparagraph (B), by striking ‘‘and’’ ance may involve the drawdown of funds on and the mortgagee may accept prepayment at the end; a schedule commensurate with construction of, the mortgage on the project, and (B) by redesignating subparagraph (C) as draws for deposit into an interest earning es- (2) the owner may request voluntary termi- subparagraph (D); and crow account to serve as collateral or credit nation of a mortgage insurance contract (C) by inserting after subparagraph (B) the enhancement for bonds issued by a public with respect to such project and the contract following: agency for the construction or rehabilitation may be terminated notwithstanding any re- ‘‘(C) has received full disclosure of all costs of the development.’’. quirements under sections 229 and 250 of the to the mortgagor for obtaining the mort- SEC. 204. MINIMUM RENTS. National Housing Act. gage, including any costs of estate planning, Section 402(a) of The Balanced Budget (b) CONDITIONS.—Any prepayment of a financial advice, or other related services; Downpayment Act, I (Public Law 104–99; 110 mortgage or termination of an insurance and’’; Stat. 40) is amended in the matter preceding contract authorized under subsection (a) (2) in paragraph (9)(F), by striking ‘‘and’’; paragraph (1) by striking ‘‘fiscal year 1997’’ may be made— (3) in paragraph (10), by striking the period and inserting ‘‘fiscal years 1997 and 1998’’. (1) only to the extent that such prepay- at the end and inserting ‘‘; and’’; and SEC. 205. PROVISIONS RELATING TO SECTION 8 ment or termination is consistent with the (4) by adding at the end the following: RENTAL ASSISTANCE PROGRAM. terms and conditions of the mortgage on or ‘‘(11) have been made with such restric- Section 203(d) of the Departments of Veter- mortgage insurance contract for the project; tions as the Secretary determines to be ap- ans Affairs and Housing and Urban Develop- and propriate to ensure that the mortgagor does ment, and Independent Agencies Appropria- (2) only if owner of the project involved not fund any unnecessary or excessive costs tions Act, 1996 (as contained in section 101(e) agrees not to increase the rent charges for for obtaining the mortgage, including any of the Omnibus Consolidated Rescissions and any dwelling unit in the project during the costs of estate planning, financial advice, or Appropriations Act of 1996 (Public Law 104– 60-day period beginning upon such prepay- other related services.’’. 134)) (42 U.S.C. 1437f note) is amended by ment or termination. SEC. 102. IMPLEMENTATION. striking ‘‘and 1997’’ and inserting ‘‘, 1997, and TITLE IV—REAUTHORIZATION OF RURAL (a) NOTICE.—The Secretary of Housing and 1998’’. HOUSING PROGRAMS Urban Development shall, by interim notice, TITLE III—REAUTHORIZATION OF FEDER- SEC. 401. HOUSING IN UNDERSERVED AREAS implement the amendments made by section ALLY ASSISTED MULTIFAMILY RENTAL PROGRAM. 101 in an expeditious manner, as determined HOUSING PROVISIONS The first sentence of section 509(f)(4)(A) of by the Secretary. Such notice shall not be ef- SEC. 301. MULTIFAMILY HOUSING FINANCE the Housing Act of 1949 (42 U.S.C. fective after the date of the effectiveness of 1479(f)(4)(A)) is amended by striking ‘‘fiscal the final regulations issued under subsection PILOT PROGRAMS. Section 542 of the Housing and Community year 1997’’ and inserting ‘‘fiscal years 1997, (b). 1998, and 1999’’. (b) REGULATIONS.—The Secretary shall, not Development Act of 1992 (12 U.S.C. 1707 note) later than the expiration of the 90-day period is amended— SEC. 402. HOUSING AND RELATED FACILITIES FOR ELDERLY PERSONS AND FAMI- beginning on the date of the enactment of (1) in subsection (b)(5), by inserting before the period at the end of the first sentence LIES AND OTHER LOW-INCOME PER- this Act, issue final regulations to imple- SONS AND FAMILIES. ment the amendments made by section 101. the following: ‘‘, and not more than an additional 15,000 units during fiscal year 1998’’; (a) AUTHORITY TO MAKE LOANS.—Section Such regulations shall be issued only after 515(b)(4) of the Housing Act of 1949 (42 U.S.C. notice and opportunity for public comment and (2) in the first sentence of subsection 1485(b)(4)) is amended by striking ‘‘Septem- pursuant to the provisions of section 553 of ber 30, 1997’’ and inserting ‘‘September 30, title 5, United States Code (notwithstanding (c)(4)— (A) by striking ‘‘and’’ and inserting a 1999’’. subsections (a)(2) and (b)(3)(B) of such sec- (b) SET-ASIDE FOR NONPROFIT ENTITIES.— tion). comma; and (B) by inserting before the period at the The first sentence of section 515(w)(1) of the TITLE II—TEMPORARY EXTENSION OF end the following: ‘‘, and not more than an Housing Act of 1949 (42 U.S.C. 1485(w)(1)) is PUBLIC HOUSING AND SECTION 8 RENT- additional 15,000 units during fiscal year amended by striking ‘‘fiscal year 1997’’ and AL ASSISTANCE PROVISIONS 1998’’. inserting ‘‘fiscal years 1997, 1998, and 1999’’. SEC. 201. PUBLIC HOUSING CEILING RENTS AND SEC. 302. HUD DISPOSITION OF MULTIFAMILY SEC. 403. LOAN GUARANTEES FOR MULTIFAMILY INCOME ADJUSTMENTS AND PREF- HOUSING. RENTAL HOUSING IN RURAL AREAS. ERENCES FOR ASSISTED HOUSING. Section 204 of the Departments of Veterans Section 538 of the Housing Act of 1949 (42 Section 402(f) of The Balanced Budget Affairs and Housing and Urban Development, U.S.C. 1490p–2) is amended— Downpayment Act, I (42 U.S.C. 1437aa note) and Independent Agencies Appropriations (1) in subsection (q), by striking paragraph is amended by striking ‘‘and 1997’’ and in- Act, 1997 (12 U.S.C. 1715z–11a) is amended by (2) and inserting the following: serting ‘‘, 1997, and 1998’’. inserting after ‘‘owned by the Secretary’’ the ‘‘(2) ANNUAL LIMITATION ON AMOUNT OF LOAN SEC. 202. PUBLIC HOUSING DEMOLITION AND following: ‘‘, including the provision of GUARANTEE.—In each fiscal year, the Sec- DISPOSITION. grants and loans from the General Insurance retary may enter into commitments to guar- Section 1002(d) of the Emergency Supple- Fund for the necessary costs of rehabilita- antee loans under this section only to the ex- mental Appropriations for Additional Disas- tion or demolition,’’. tent that the costs of the guarantees entered ter Assistance, for Anti-terrorism Initia- into in such fiscal year do not exceed such SEC. 303. MULTIFAMILY MORTGAGE AUCTIONS. tives, for Assistance in the Recovery from amount as may be provided in appropriation Section 221(g)(4)(C) of the National Hous- the Tragedy that Occurred at Oklahoma Acts for such fiscal year.’’; ing Act (12 U.S.C. 1715l(g)(4)(C)) is amended— City, and Rescissions Act, 1995 (42 U.S.C. (2) by striking subsection (t) and inserting (1) in the first sentence of clause (viii), by 1437c note) is amended by striking ‘‘Septem- the following: striking ‘‘September 30, 1996’’ and inserting ber 30, 1997’’ and inserting ‘‘September 30, ‘‘(t) AUTHORIZATION OF APPROPRIATIONS.— ‘‘December 31, 2000’’; and 1998’’. There are authorized to be appropriated for (2) by adding at the end the following: SEC. 203. PUBLIC HOUSING FUNDING FLEXIBIL- each of fiscal years 1998 and 1999 for costs (as ‘‘(ix) The authority of the Secretary to ITY AND MIXED-FINANCE DEVELOP- such term is defined in section 502 of the conduct multifamily auctions under this MENTS. Congressional Budget Act of 1974) of loan subparagraph shall be effective for any fiscal (a) EXTENSION OF AUTHORITY.—Section guarantees made under this section such year only to the extent and in such amounts 201(a)(2) of the Departments of Veterans Af- sums as may be necessary for such fiscal as are approved in appropriations Acts for fairs and Housing and Urban Development, year.’’; and the costs of loan guarantees (as defined in and Independent Agencies Appropriations (3) in subsection (u), by striking ‘‘1996’’ and section 502 of the Congressional Budget Act Act, 1996 (42 U.S.C. 1437l note) is amended to inserting ‘‘1999’’. read as follows: of 1974), including the cost of modifying ‘‘(2) APPLICABILITY.—Section 14(q) of the loans.’’. TITLE V—REAUTHORIZATION OF United States Housing Act of 1937 shall be ef- SEC. 304. CLARIFICATION OF OWNER’S RIGHT TO NATIONAL FLOOD INSURANCE PROGRAM fective only with respect to assistance pro- PREPAY. SEC. 501. PROGRAM EXPIRATION. vided from funds made available for fiscal (a) PREPAYMENT RIGHT.—Notwithstanding Section 1319 of the National Flood Insur- year 1998 or any preceding fiscal year, except section 211 of the Housing and Community ance Act of 1968 (42 U.S.C. 4026) is amended that the authority in the first sentence of Development Act of 1987 or section 221 of the by striking ‘‘September 30, 1997’’ and insert- section 14(q)(1) of that Act to use up to 10 Housing and Community Development Act of ing ‘‘September 30, 1999’’. November 10, 1997 CONGRESSIONAL RECORD — SENATE S12459 SEC. 502. BORROWING AUTHORITY. tion Act of 1996 (25 U.S.C. 4111(c)) is amended Act of 1992 (12 U.S.C. 1715z–13a(b)(2)) is Section 1309(a)(2) of the National Flood In- by adding at the end the following: ‘‘This amended by striking ‘‘that is under the juris- surance Act of 1968 (42 U.S.C. 4016(a)(2)) is subsection applies only to rental dwelling diction of an Indian tribe’’ and all that fol- amended by striking ‘‘September 30, 1997’’ units (other than lease-purchase dwelling lows before the period at the end. and inserting ‘‘September 30, 1999’’. units) developed under— (l) AUTHORIZATION OF APPROPRIATIONS.— SEC. 503. EMERGENCY IMPLEMENTATION OF ‘‘(1) the United States Housing Act of 1937 Section 184(i)(5)(C) of the Housing and Com- PROGRAM. (42 U.S.C. 1437 et seq.); or munity Development Act of 1992 (12 U.S.C. Section 1336(a) of the National Flood Insur- ‘‘(2) this Act.’’. 1715z–13a(i)(5)(C)) is amended by striking ance Act of 1968 (42 U.S.C. 4056(a)) is amended (d) APPLICABILITY.—Section 101(d)(1) of the ‘‘note’’ and inserting ‘‘not’’. by striking ‘‘September 30, 1996’’ and insert- Native American Housing Assistance and (m) ENVIRONMENTAL REVIEW UNDER THE IN- ing ‘‘September 30, 1999’’. Self-Determination Act of 1996 (25 U.S.C. DIAN HOUSING LOAN GUARANTEE PROGRAM.— SEC. 504. AUTHORIZATION OF APPROPRIATIONS 4111(d)(1)) is amended by inserting before the Section 184 of the Housing and Community FOR STUDIES. semicolon at the end the following: ‘‘, except Development Act of 1992 (12 U.S.C. 1715z–13a) Subsection (c) of section 1376 of the Na- that this paragraph only applies to rental is amended— tional Flood Insurance Act of 1968 (42 U.S.C. dwelling units (other than lease-purchase (1) by redesignating subsection (k) as sub- 4127(c)) is amended to read as follows: dwelling units) developed under the United section (l); and ‘‘(c) For studies under this title, there are States Housing Act of 1937 (42 U.S.C. 1437 et (2) by inserting after subsection (j) the fol- authorized to be appropriated such sums as seq.) or under this Act’’. lowing: may be necessary for each of fiscal years 1998 (e) SUBMISSION OF INDIAN HOUSING PLAN.— ‘‘(k) ENVIRONMENTAL REVIEW.—For pur- and 1999, which shall remain available until Section 102(a) of the Native American Hous- poses of environmental, review, decision- expended.’’. ing Assistance and Self-Determination Act making, and action under the National Envi- of 1996 (25 U.S.C. 4112(a)) is amended— ronmental Policy Act of 1969 (42 U.S.C. 4321 TITLE VI—NATIVE AMERICAN HOUSING (1) in paragraph (1), by inserting ‘‘(A)’’ et seq.) and any other law that furthers the ASSISTANCE after ‘‘(1)’’; purposes of that Act, a loan guarantee under SEC. 601. SUBSIDY LAYERING CERTIFICATION. (2) in paragraph (1)(A), as so designated by this section shall— Section 206 of the Native American Hous- paragraph (1) of this subsection, by adding ‘‘(1) be treated as a grant under the Native ing Assistance and Self-Determination Act ‘‘or’’ at the end; American Housing Assistance and Self-De- of 1996 (25 U.S.C. 4136) is amended— (3) by striking ‘‘(2)’’ and inserting ‘‘(B)’’; termination Act of 1996 (25 U.S.C. 4101 et (1) by striking ‘‘certification by the Sec- and seq.); and retary’’ and inserting ‘‘certification by a re- (4) by striking ‘‘(3)’’ and inserting ‘‘(2)’’. ‘‘(2) be subject to the regulations promul- cipient to the Secretary’’; and (f) CLARIFICATION.—Section 103(c)(3) of the gated by the Secretary to carry out section (2) by striking ‘‘any housing project’’ and Native American Housing Assistance and 105 of the Native American Housing Assist- inserting ‘‘the housing project involved’’. Self-Determination Act of 1996 (25 U.S.C. ance and Self-Determination Act of 1996 (25 SEC. 602. INCLUSION OF HOMEBUYER SELECTION 4113(c)(3)) is amended by inserting ‘‘not’’ be- U.S.C. 4115).’’. POLICIES AND CRITERIA. fore ‘‘prohibited’’. (n) PUBLIC AVAILABILITY OF INFORMATION.— Section 207(b) of the Native American (g) APPLICABILITY OF PROVISIONS OF CIVIL (1) IN GENERAL.—Title IV of the Native Housing Assistance and Self-Determination RIGHTS.—Section 201(b)(5) of the Native American Housing Assistance and Self-De- Act of 1996 (25 U.S.C. 4137(b)) is amended— American Housing Assistance and Self-De- termination Act of 1996 (25 U.S.C. 4161 et (1) by striking ‘‘TENANT SELECTION.—’’ and termination Act of 1996 (25 U.S.C. 4131(b)(5)) seq.) is amended by adding at the end the fol- inserting ‘‘TENANT AND HOMEBUYER SELEC- is amended— lowing: TION.—’’; (1) by striking ‘‘Indian tribes’’ and insert- ‘‘SEC. 408. PUBLIC AVAILABILITY OF INFORMA- (2) in the matter preceding paragraph (1), ing ‘‘federally recognized tribes and the trib- TION. by inserting ‘‘and homebuyer’’ after ‘‘ten- ally designated housing entities of those ‘‘Each recipient shall make any housing ant’’; and tribes’’; and plan, policy, or annual report prepared by (3) in paragraph (3)(A), by inserting ‘‘and (2) by striking ‘‘under this subsection’’ and the recipient available to the general pub- homebuyers’’ after ‘‘tenants’’. inserting ‘‘under this Act’’. lic.’’. (h) ELIGIBILITY.—Section 205(a)(1) of the SEC. 603. REPAYMENT OF GRANT AMOUNTS FOR (2) TABLE OF CONTENTS.—Section 1(b) of the VIOLATION OF AFFORDABLE HOUS- Native American Housing Assistance and Native American Housing Assistance and ING REQUIREMENT. Self-Determination Act of 1996 (25 U.S.C. Self-Determination Act of 1996 (25 U.S.C. 4101 Section 209 of the Native American Hous- 4135(a)(1)) is amended— note) is amended in the table of contents by ing Assistance and Self-Determination Act (1) in subparagraph (A), by striking ‘‘and’’ inserting after the item relating to section of 1996 (25 U.S.C. 4139) is amended by striking at the end; and 407 the following: (2) by striking subparagraph (B) and insert- ‘‘section 205(2)’’ and inserting ‘‘section ‘‘Sec. 408. Public availability of informa- 205(a)(2)’’. ing the following: ‘‘(B) in the case of a contract to purchase tion.’’. SEC. 604. UNITED STATES HOUSING ACT OF 1937. existing housing, is made available for pur- (o) NON-FEDERAL FUNDS.—Section (a) IN GENERAL.—Section 501(b) of the Na- chase only by a family that is a low-income 520(l)(5)(B) of the Cranston-Gonzalez Na- tive American Housing Assistance and Self- family at the time of purchase; tional Affordable Housing Act (42 U.S.C. Determination Act of 1996 (110 Stat. 4042) is ‘‘(C) in the case of a lease-purchase agree- 11903a(l)(5)(B)) is amended by striking ‘‘and amended— ment for existing housing or for housing to Indian housing authorities’’ and inserting (1) by striking paragraph (4); and be constructed, is made available for lease- ‘‘and units of general local government’’. (2) by redesignating paragraphs (5) through purchase only by a family that is a low-in- (p) INELIGIBILITY OF INDIAN TRIBES.—Sec- (11) as paragraphs (4) through (10), respec- come family at the time the agreement is tion 460 of the Cranston-Gonzalez National tively. entered into; and Affordable Housing Act (42 U.S.C. 12899h–1) is (b) UNITED STATES HOUSING ACT OF 1937.— ‘‘(D) in the case of a contract to purchase amended by striking ‘‘fiscal year 1997’’ and Section 7 of the United States Housing Act housing to be constructed, is made available inserting ‘‘fiscal year 1998’’. of 1937 (42 U.S.C. 1437e) is amended by strik- for purchase only by a family that is a low- (q) INDIAN HOUSING EARLY CHILDHOOD DE- ing subsection (h). income family at the time the contract is en- VELOPMENT PROGRAM.— SEC. 605. MISCELLANEOUS. tered into; and’’. (1) REPEAL.—Section 518 of the Cranston- (a) DEFINITION OF INDIAN AREAS.—Section (i) TENANT SELECTION.—Section 207(b)(3)(B) Gonzalez National Affordable Housing Act 4(10) of the Native American Housing Assist- of the Native American Housing Assistance (12 U.S.C. 1701z–11 note) is repealed. ance and Self-Determination Act of 1996 (25 and Self-Determination Act of 1996 (25 U.S.C. (2) TECHNICAL CORRECTION.— U.S.C. 4103(10)) is amended to read as follows: 4137(b)(3)(B)) is amended by striking ‘‘of any (A) IN GENERAL.—Section 501(d)(1) of the ‘‘(10) INDIAN AREA.—The term ‘Indian area’ rejected applicant of the grounds for any re- Native American Housing Assistance and means the area within which an Indian tribe jection’’ and inserting ‘‘to any rejected ap- Self-Determination Act of 1996 (110 Stat. or a tribally designated housing entity, as plicant of that rejection and the grounds for 4042), and the amendment made by that sec- authorized by 1 or more Indian tribes, pro- that rejection’’. tion, is repealed. vides assistance under this Act for affordable (j) AVAILABILITY OF RECORDS.—Section 208 (B) APPLICABILITY.—Section 519 of Cran- housing.’’. of the Native American Housing Assistance ston-Gonzalez National Affordable Housing (b) CROSS-REFERENCE.—Section and Self-Determination Act of 1996 (25 U.S.C. Act (42 U.S.C. 1437a–1) shall be applied and 4(12)(C)(i)(II) of the Native American Hous- 4138) is amended— administered as if section 501(d)(1) of the Na- ing Assistance and Self-Determination Act (1) in subsection (a), by striking ‘‘para- tive American Housing Assistance and Self- of 1996 (25 U.S.C. 4103(12)(C)(i)(II)) is amended graph (2)’’ and inserting ‘‘subsection (b)’’; Determination Act of 1996 (104 Stat. 4042) had by striking ‘‘section 107’’ and inserting ‘‘sec- and not been enacted. tion 705’’. (2) in subsection (b), by striking ‘‘para- (3) EFFECTIVE DATE.—This subsection and (c) CLARIFICATION OF CERTAIN EXEMP- graph (1)’’ and inserting ‘‘subsection (a)’’. the amendments made by this subsection TIONS.—Section 101(c) of the Native Amer- (k) IHP REQUIREMENT.—Section 184(b)(2) of shall be construed to have taken effect on ican Housing Assistance and Self-Determina- the Housing and Community Development October 26, 1996. S12460 CONGRESSIONAL RECORD — SENATE November 10, 1997

(r) TRIBAL ELIGIBILITY UNDER THE DRUG sition Policies Act of 1970 to prohibit an States to support this worthwhile undertak- ELIMINATION PROGRAM.—The Public and As- alien who is not lawfully present in the Unit- ing. sisted Housing Elimination Act of 1990 (42 ed States from receiving assistance under H. Con. Res. 156. Concurrent resolution ex- U.S.C. 11901 et seq.) is amended— that Act. pressing concern for the continued deteriora- (1) in section 5123, by inserting ‘‘Indian S. 1231. An act to authorize appropriations tion of human rights in Afghanistan and em- tribes,’’ after ‘‘tribally designated housing for fiscal years 1998 and 1999 for the United phasizing the need for a peaceful political entities,’’; States Fire Administration, and for other settlement in that country. (2) in section 5124(a)(7), by inserting ‘‘, In- purposes. H. Con. Res. 194. Concurrent resolution dian tribe,’’ after ‘‘agency’’; S. 1347. An act to permit the city of Cleve- providing for a joint session of Congress to (3) in section 5125(a), by inserting ‘‘Indian land, Ohio, to convey certain lands that the receive a message from the President on the tribe,’’ after ‘‘entity,’’; and United States conveyed to the city. state of the Union. (4) in section 5126, by adding at the end the The message also announced that the The message also announced that the following: House agrees to the report of the com- ‘‘(6) INDIAN TRIBE.—The term ‘Indian tribe’ House has passed the following bills and joint resolutions, in which it re- mittee of conference on the disagreeing has the meaning given that term in section votes of the two Houses on the amend- 4 of the Native American Housing Assistance quests the concurrence of the Senate: and Self-Determination Act of 1996 (25 U.S.C. ments of the House to the bill (S. 830) H.R. 112. An act to provide for the convey- to amend the Federal Food, Drug, and 4103).’’. ance of certain property from the United (s) REFERENCE IN THE PUBLIC AND ASSISTED States to Stanislaus County, California. Cosmetic Act and the Public Health HOUSING DRUG ELIMINATION ACT OF 1990.— H.R. 1129. An act to establish a program to Service Act to improve the regulation Section 5126(4)(D) of the Public and Assisted provide assistance for programs of credit and of food, drugs, devices, and biological Housing Drug Elimination Act of 1990 (42 other assistance for microenterprises in de- products, and for other purposes. U.S.C. 11905(4)(D)) is amended by inserting veloping countries, and for other purposes. The message further announced that ‘‘of 1996’’ before the period. H.R. 1502. An act to designate the United the House agrees to the amendment of f States Courthouse located at 301 West Main the Senate to the bill (H.R. 1377) to Street in Benton, Illinois, as the ‘‘James L. amend title I of the Employee Retire- AMENDING THE PROFESSIONAL Foreman United States Courthouse’’. BOXING SAFETY ACT H.R. 1805. An act to amend the Auburn In- ment Income Security Act of 1974 to The text of the bill (S. 1506) to amend dian Restoration Act to establish restric- encourage retirement income savings. The message also announced that the the Professional Boxing Safety Act, as tions related to gaming on use of land held House agrees to the report of the com- passed by the Senate on November 9, in trust for the United Auburn Indian Com- munity of the Auburn Racheria of California, mittee of conference on the disagreeing 1997, is as follows: and for other purposes. votes of the two Houses on the amend- S. 1506 H.R. 2232. An act to provide for increased ment of the House to the bill (S. 1026) Be it enacted by the Senate and House of Rep- international broadcasting activities to entitled ‘‘An Act to reauthorize the Ex- resentatives of the United States of America in China. port-Import Bank of the United Congress assembled, That the Professional H.R. 2283. An act to expand the boundaries Boxing Safety Act of 1996 (15 U.S.C. 6301 et of Arches National Park in the State of Utah States.’’ seq.) is amended by— to include portions of the following drain- The message further announced that (1) redesignating section 15 as 16; and ages: Salt Wash, Lost Canyon, Fish Seep the House agrees to the amendment of (2) inserting after section 14 the following: Draw, Clover Canyon, Cordova Canyon, Mine the Senate to the bill (H.R. 2472) to ex- ‘‘SEC. 15. PROTECTION FROM EXPLOITATION. Draw, and Cottonwood Wash, which are cur- tend certain programs under the En- ‘‘(a) IN GENERAL.—No person described in rently under the jurisdiction of the Bureau ergy Policy and Conservation Act. paragraph (4), (5), (6), or (9) of section 2 may of Land Management, and to include a por- ENROLLED BILLS SIGNED require a boxer to employ, retain, or provide tion of Fish Seep Draw, which is currently The message also announced that the compensation to any individual or business owned by the State of Utah. enterprise (whether operating in corporate H.R. 2402. An act to make technical and Speaker has signed the following en- form or not) designated by that person as a clarifying amendments to improve the man- rolled bills: condition of— agement of water-related facilities in the H.R. 1787. An act to assist in the conserva- ‘‘(1) such person’s working with the boxer Western United States. tion of Asian elephants by supporting and as a licensee, manager, matchmaker, or pro- H.R. 2476. An act to amend title 49, United providing financial resources for the con- moter; States Code, to require the National Trans- servation programs of nations within the ‘‘(2) such person’s arranging for the boxer portation Safety Board and individual for- range of Asian elephants and projects of per- to participate in a professional boxing eign air carriers to address the needs of fami- sons with demonstrated expertise in the con- match; or lies of passengers involved in aircraft acci- servation of Asian elephants. ‘‘(3) such boxer’s participation in a profes- dents involving foreign air carriers. H.R. 2731. An act for the relief of Roy sional boxing match. H.R. 2626. An act to make clarifications to Desmond Moser. ‘‘(b) ACTION TO ENFORCE CONTRACT.—In any the Pilot Records Improvement Act of 1996, H.R. 2732. An act for the relief of John action brought against a boxer by any such and for other purposes. Andre Chalot. person, individual, or business enterprise to H.R. 2920. An act to amend the Illegal Im- ENROLLED JOINT RESOLUTION SIGNED recover money for acting as a licensee, man- migration Reform and Immigrant Respon- The message further announced that ager, matchmaker, or promoter for the sibility Act of 1996 to modify the require- the Speaker has signed the following boxer, the amount awarded may be reduced ments for implementation of an entry-exit enrolled joint resolution: or denied, notwithstanding any agreement to control system. the contrary, as violative of public policy if H.R. 2977. An act to amend the Federal Ad- H.J. Res. 105. Joint resolution making fur- that person, individual, or enterprise is visory Committee Act to clarify public dis- ther continuing appropriations for the fiscal found by the court or administrative body closure requirements that are applicable to year 1998, and for other purposes. before which the action was brought to have the National Academy of Sciences and Na- The enrolled joint resolution was violated subsection (a) with respect to the tional Academy of Public Administration. signed subsequently by the President boxer in connection with the subject of the H.J. Res. 103. Joint resolution waiving cer- pro tempore [Mr. THURMOND]. action. Nothing in this subsection affects the tain enrollment requirements with respect f enforcement of this Act under section 10.’’. to certain specified bills of the One Hundred f Fifth Congress. MEASURE PLACED ON THE H.J. Res. 105. Joint resolution making fur- CALENDAR MESSAGES FROM THE HOUSE ther continuing appropriations for the fiscal year 1998, and for other purposes. The following measure was read the At 10:12 a.m., a message from the second time and placed on the cal- House of Representatives, delivered by The message further announced that endar: Ms. Goetz, one of its reading clerks, an- the House has agreed to the following H.R. 2513. An act to amend the Internal nounced that the House has passed the concurrent resolutions, in which it re- Revenue Code of 1986 to restore and modify following bills, each without amend- quests the concurrence of the Senate: the provision of the Taxpayer Relief Act of ment: H. Con. Res. 139. Concurrent resolution ex- 1997 relating to exempting active financing S. 669. An act to provide for the acquisition pressing the sense of Congress that the Unit- income from foreign personal holding com- of the Plains Railroad Depot at the Jimmy ed States should fully participate in EXPO pany income and to provide for the non- Carter National Historic Site. 2000 in the year 2000, in Hannover, Germany, recognition of gain on the sale of stock in S. 1258. An act to amend the Uniform Relo- and should encourage the academic commu- agricultural processors to certain farmers’ cation Assistance and Real Property Acqui- nity and the private sector in the United cooperatives, and for other purposes. November 10, 1997 CONGRESSIONAL RECORD — SENATE S12461 ENROLLED BILLS PRESENTED By Mr. BOND (for himself, Mr. CHAFEE, NAFTA by Congress. It is not surpris- Mr. WARNER, Mr. BAUCUS, and Mr. ing that the proponents of fast track The Secretary of the Senate reported D’AMATO): that on November 10, 1997 he had pre- do not want to associate fast track S. 1519. A bill to provide a 6-month exten- with NAFTA. The simple fact is that sented to the President of the United sion of highway, highway safety, and transit States, the following enrolled bills: programs pending enactment of a law reau- NAFTA has been an unmitigated failure. S. 813. An act to amend chapter 91 of title thorizing the Intermodal Surface Transpor- 18, United States Code, to provide criminal tation Efficiency Act of 1991; considered and At a time when we have been hearing penalties for theft and willful vandalism at passed. new promises being made to advance national cemeteries. By Mr. HUTCHINSON (for himself, Mr. the cause of fast track, we need to re- S. 1377. An act to amend the Act incor- BROWNBACK, Mr. NICKLES, and Mr. member the promises that were made porating the American Legion to make a DOMENICI): to gain the passage of NAFTA. technical correction. S. 1520. A bill to terminate the Internal We were promised increased exports, Revenue Code of 1986; to the Committee on f a greater number of jobs, and that Finance. these jobs would be higher paying jobs. REPORTS OF COMMITTEES By Mr. HATCH: S. 1521. A bill to provide a law enforcement We were promised improved living The following reports of committees exception to the prohibition on the advertis- standards, reduced trade distortions, were submitted: ing of certain electronic devices; to the Com- and improved competitiveness for the By Mr. SPECTER, from the Committee on mittee on the Judiciary. United States in North America and Veterans Affairs, with an amendment in the By Mr. WARNER: global markets. At the same time, the nature of a substitute and an amendment to S.J. Res. 38. A joint resolution granting American public was promised that the the title: the consent and approval of Congress for the environment would be protected, that S. 986. A bill to amend title 38, United State of Maryland, the Commonwealth of States Code, to make certain improvements Virginia, and the District of Columbia to drugs would be interdicted, that public in the housing loan programs for veterans amend the Washington Metropolitan Area welfare would be safeguarded, and basic and eligible persons, and for other purposes Transit Regulation Compact; to the Commit- human rights would be enhanced. (Rept. No. 105–153). tee on the Judiciary. Yet, the facts show that NAFTA just By Mr. MCCAIN, from the Committee on f doesn’t measure up to its promises. Commerce, Science, and Transportation, The very first measure of failure is with amendments: SUBMISSION OF CONCURRENT AND demonstrated in our trade balances S. 1216. An original bill to approve and im- SENATE RESOLUTIONS with our NAFTA trading partners. The plement the OECD Shipbuilding Trade United States has gone from having a Agreement (Rept. No. 105–154). The following concurrent resolutions and Senate resolutions were read, and $2 billion trade surplus prior to NAFTA f referred (or acted upon), as indicated: with Mexico to a $16 billion deficit this INTRODUCTION OF BILLS AND By Mr. LOTT: past year. At the same time, our trade JOINT RESOLUTIONS S. Res. 155. A resolution designating April deficit with Canada has more than dou- The following bills and joint resolu- 6 of each year as ‘‘National Tartan Day’’ to bled, escalating from $11 billion to $23 recognize the outstanding achievements and tions were introduced, read the first billion. contributions made by Scottish Americans In its editorial review of NAFTA, the and second time by unanimous con- to the United States; to the Committee on sent, and referred as indicated: Bismarck Tribune concluded, ‘‘There the Judiciary. has been enough pain associated with By Mr. MURKOWSKI: f NAFTA and other trade agreements for S. 1513. A bill to amend the Internal Reve- nue Code of 1986 to provide for the treatment STATEMENTS ON INTRODUCED Americans to insist on a scorecard we of tax-exempt bond financing of certain elec- BILLS AND JOINT RESOLUTIONS can read and understand before we go further.’’ trical output facilities; to the Committee on By Mr. DORGAN (for himself, Mr. Finance. I agree that we need a scorecard. It is By Mr. DORGAN (for himself, Mr. BYRD, Mr. CAMPBELL, Mr. HOL- for this reason that I am introducing BYRD, Mr. CAMPBELL, Mr. HOLLINGS, LINGS, Mr. INOUYE, Mr. the NAFTA Accountability Act today, WELLSTONE, and Ms. SNOWE): Mr. INOUYE, Mr. WELLSTONE, and Ms. together with Senators BYRD, CAMP- SNOWE): S. 1514. A bill to assess the impact of BELL, HOLLINGS, INOUYE, WELLSTONE, S. 1514. A bill to assess the impact of NAFTA, require the renegotiation of and SNOWE. NAFTA, require the renogotiation of certain certain provisions of NAFTA, and pro- provisions of NAFTA, and provide for the We need accountability. Promises vide for the withdrawal from NAFTA that are made should be fulfilled. If withdrawal from NAFTA unless certain con- unless certain conditions are met; to ditions are met; to the Committee on Fi- they aren’t, we need to go back to the nance. the Committee on Finance. drawing board and make the changes By Mr. CONRAD (for himself and Mr. NAFTA ACCOUNTABILITY ACT that are necessary to achieve the goals DORGAN): Mr. DORGAN. Mr. President, if the and promises that were originally set S. 1515. A bill to amend Public Law 89–108 North American Free-Trade Agreement forth in NAFTA’s preamble and state- to increase authorization levels for State is an example of trade agreements es- ment of objectives. and Indian tribal, municipal, rural, and in- tablished under fast-track procedures, dustrial water supplies, to meet current and This bill would establish benchmarks future water quantity and quality needs of then it should be no surprise that the by which we could score NAFTA, in- the Red River Valley, to deauthorize certain vast majority of American citizens op- cluding expanded markets, currency project features and irrigation service areas, pose renewing fast-track authority to stability, jobs wages and living stand- to enhance natural resources and fish and the President. ards, U.S. manufacturing competitive- wildlife habitat, and for other purposes; to An editorial published earlier this ness, health and environment, illegal the Committee on Energy and Natural Re- year in the Bismarck, ND Tribune stat- drugs, protection of rights, fair agricul- sources. ed that before Congress grants fast- tural trade, and highway safety. By Mr. FORD: track authority to the President, ‘‘The If NAFTA does not meet these bench- S. 1516. A bill to improve the Federal contract tower program; to the Committee on American people deserve a much better marks as promised, then the United Commerce, Science, and Transportation. accounting than we have received so States would provide notice and with- By Mr. ABRAHAM: far of the impact of the first three draw from NAFTA. In addition, the bill S. 1517. A bill to extend the Visa Waiver years of the NAFTA.’’ authorizes and directs the President to Pilot Program; considered and passed. The question of accountability and renegotiate provisions of NAFTA to By Mr. BENNETT: the performance of our Nation’s cur- correct trade deficits and currency dis- S. 1518. A bill to require publicly traded rent trade policies is the underlying tortions, to correct job loss, to protect corporations to make specific disclosures in issue in the debate whether this Con- public health and the environment, to their initial offering statements and quarterly reports regarding the ability of their gress should provide renewed fast-track interdict drug traffic, to correct agri- computer systems to operate after January authority. cultural provisions, and to ensure com- 1, 2000; to the Committee on Banking, Hous- In a few weeks we will mark the pliance with U.S. transportation standing, and Urban Affairs. fourth anniversary of the passage of ards. S12462 CONGRESSIONAL RECORD — SENATE November 10, 1997 We have watched our trade deficits port sales to our NAFTA partners, at I direct the attention of my col- with our NAFTA partners grow by 433 the same time North Dakota is losing leagues to this chart, which shows the percent since this trade agreement $222 million annually in income from difference between water supplies that took effect. The growth in these trade the unfair export of Canadian durum is not atypical for rural North Dakota. deficits mean that this Nation has suf- wheat and barley into the United This is a jar that has the water in fered job losses. A recent analysis by States. In other words, the loss of an- many rural parts of our State, because the Economic Policy Institute con- nual agricultural income in a couple of the ground water is just not of high cludes that there has been a net loss of farm commodities alone has cost North quality. This shows the water delivered 395,000 U.S. jobs as a result of NAFTA. Dakota almost twice as it has gained to rural North Dakotans via pipeline. I In fact, the study demonstrates that in increased export sales. think this tells the story. North Da- every State has suffered net job losses I want to note that one of the provi- kota needs safe, clean, reliable water. as a result of the increased trade defi- sions of the NAFTA Accountability The bill we are introducing today is de- cits under NAFTA. Act would require the President to re- signed to deliver it. These job losses range from 633 job negotiate the terms of NAFTA to pre- Water development is essential for losses in my home State of North Da- vent Canadian grain exports from un- economic development, agriculture, kota to 38,406 job losses in California. fairly displacing United States produc- recreation and improving the environ- Now 633 jobs may not sound like much, tion. This is just one of many provi- ment. This legislation will provide an but that is twice the size of my home- sions within this legislation that would adequate and dependable water supply town of Regent. ND. If a new employer require that the promises made to se- throughout North Dakota, including provided that many jobs in an eco- cure the passage of NAFTA be kept. communities in the Red River Valley. nomic development program, it would Unfortunately, the American public Water is an essential resource to sus- be considered a major accomplishment did not get a warranty on the promises tain the population and economic in my State. when NAFTA was passed. That is why growth of that region. A portion of the States which had significant produc- they are rightfully skeptical of further funding will also fund irrigation tion in automobiles, computers, elec- fast-track trade procedures and the ex- projects in North Dakota and on the trical appliances, textiles, and apparel pansion of NAFTA. As indicated in the Indian Reservations, as well as the de- Bismarck Tribune editorial, Americans had jobs losses disproportionate to velopment of fish and wildlife projects. their share of overall U.S. job losses. need a scorecard before we continue to The U.S. Senate is well aware of the It should be noted that 228,000 of go down on our current trade policy history of failed promises on water de- these job losses were attributed to the track. I would urge my colleagues to velopment projects on the Missouri trade deficits with Mexico, while join me as sponsors of the NAFTA Ac- River. People of our State and on res- 167,000 of these job losses resulted from countability Act so that Americans ervations have sacrificed 550,000 acres deficits with Canada. If we remember would have that scorecard, as well as of land, including homes, farms, and in the promises of NAFTA, the promises the means by which to make necessary many cases their livelihoods, for flood were that this trade agreement would corrections to NAFTA. protection downstream. The Federal result in at least 220,000 high-paying Government has failed to live up to its jobs. By Mr. CONRAD (for himself and I am always intrigued by those that Mr. DORGAN): side of the bargain. I ask the Senate today, please look only look at one side of the trade ledg- S. 1515. A bill to amend Public Law at this legislation; let us have a debate er, and never account for the net trade 89–108 to increase authorization levels and a discussion, but do not fail to balance. Unfortunately, we cannot get for State and Indian tribal, municipal, honor the promises the Federal Gov- a good picture of this because the Com- rural, and industrial water supplies, to ernment made to North Dakota. To merce Department only makes esti- meet current and future water quan- mates of exports on a State-by-State tity and quality needs of the Red River compensate North Dakota for the loss basis. There is no data compiled on a Valley, to deauthorize certain project of 550,000 acres of valuable Missouri State-by-State basis of foreign im- features and irrigation service areas, to River bottom land due to the construc- ports. As a result, there is not even a enhance natural resources and fish and tion of the Garrison and Oahe Dams, statistical basis on which to look at wildlife habitat, and for other pur- the Garrison diversion project was au- the full ledger on trade balances on a poses; to the Committee on Energy and thorized in 1965. It was to provide af- State-by-State basis. Natural Resources. fordable access to Missouri River water However, we can make some general THE DAKOTA WATER RESOURCES ACT OF 1997 as a basic element of the State’s long- comparisons that can be helpful. For Mr. CONRAD. Mr. President, I rise range plans for water management and example, one widely distributed study today to introduce, along with Senator development. That promise has not indicates that North Dakota ranked DORGAN, the Dakota Water Resources been kept. third among the States in increased ex- Act of 1997. This is landmark legisla- The next chart I have here shows the ports to Mexico. While that sounds tion for our home State of North Da- areas of our State that would be bene- pretty fantastic, it also needs to be put kota. The legislation that we are intro- fited by the legislation we are intro- into context. The 320-percent increase ducing amends the 1986 Garrison Diver- ducing today. This chart shows the in annual exports from North Dakota sion Reformulation Act and fundamen- northwest area water supply project, to Mexico is from the base of $3.0 mil- tally shifts the focus of the project the Southwest pipeline project, and the lion which has now grown to $9.7 mil- from large-scale irrigation to delivery other areas of the State, including the lion in exports. While the increases are of drinking water to communities in Red River Valley, that would have safe, substantial as a percentage, they are our State and to our four Indian res- clean, dependable sources of water as a not very significant in dollars terms in ervations. result of this legislation. the State’s overall economy. In fact, The Dakota water Resources project Mr. President, North Dakotans are another economic analysis indicates is necessary to assure the citizens of fully committed to a scaled back, mod- that North Dakota had a trade deficit North Dakota an adequate supply of ernized project. Within the State of with Mexico in the neighborhood of $3.4 quality water for municipal, rural and North Dakota we have worked long and million. industrial [MR&I] uses. In fact, with- hard to produce a new project. The Similarly, the export study reports out these amendments to the 1986 Gar- MR&I focus of the Dakota water re- that North Dakota had an increase of rison Act, many communities in North sources project is the best way to move 35 percent in exports to Canada from Dakota will be forced to be without forward. It represents the best poten- $298 million to $402 million. Before we clean and reliable water supplies. The tial to meet North Dakota’s water conclude that North Dakota is doing importance of a clean, safe water sup- needs. We realized 6 years ago that the well as a result of NAFTA, we need to ply cannot be overstated. The improve- Garrison project of 1986 would never at- look at other pieces of my State’s ment of our water quality and the ade- tain its original goals. Since that time economy. quacy of future water supplies is criti- the relevant interests in North Dakota While North Dakota experienced an cal to the economic future of North Da- have engaged in a bipartisan effort to annual increase of $114 million in ex- kota. reformulate Federal law to address the November 10, 1997 CONGRESSIONAL RECORD — SENATE S12463 contemporary and future water needs life habitat, grassland conservation ity leader Gary Nelson, North Dakota of our State. and riparian areas in the State of Senate minority leader Tim Mathern, I believe this legislation will provide North Dakota. North Dakota House majority leader water to communities in need in North This legislation contains other im- John Dorso, and North Dakota House Dakota in an environmentally sen- portant provisions, including: author- minority leader Merle Boucher as well sitive manner. It is important to note ization of $5,000,000 for recreation as myself. The eight of us served as the that we have involved representatives projects in North Dakota; authoriza- State negotiating team. of the conservation community from tion for a study of bank stabilization In addition to that, I am proud to say both the national and State level to de- along the Missouri River below Garri- we have letters of support of the Stand- velop the legislation we introduce son Dam; designation of the current ing Rock Sioux Tribe, the Spirit Lake today. We are especially pleased to Lonetree Reservoir as a wildlife con- Tribe, the Turtle Mountain Band of have the support of the North Dakota servation area; a requirement for the Chippewa Indians, and three affiliated Chapter of the Wildlife Society for this Federal Government to pay for oper- tribes. legislation. ation and maintenance on mitigation We will also submit for the RECORD I also want to assure our neighbors to lands; deauthorization of certain irri- separate letters from the North Dakota the north, in Canada, that we will gation areas; additional flexibility for Chapter of the Wildlife Society, the abide by international obligations. The the Indian tribes in determining irriga- Garrison Diversion Conservancy Dis- Dakota Water Resources Act contains tion sites within the reservations; en- trict, the North Dakota Water Users provisions to ensure compliance with sures no increase for rural electric co- Association, the Cities of Grand Forks, the Boundary Water Treaty of 1909 be- operatives using power generated by Fargo, Minot, Dickinson, and tween the United States and Canada. the dams on the Missouri River; and a Williston, the Southwest Water Au- Mr. President, I would like to take a provision that ‘‘upon transfer of the thority, the North Dakota Water Re- few moments to highlight some of the Oakes Test Area to the State of North source Districts Association, the provisions in the Dakota Water Re- Dakota, but not later than one year Souris River Joint Water Resource sources Act. after enactment of this act Federal Board, the West River Joint Water Re- The Dakota Water Resources Act au- funds authorized by this act may not source Board, the Devils Lake Basin thorizes $300 million for MR&I projects be used to subsidize the irrigation of Joint Water Resource Board, the North across North Dakota and an additional any crop at the Oakes Test Area.’’ Dakota Association of Rural Electric $200 million for MR&I projects on the The Dakota Water Resources Act Cooperatives, the Greater North Da- four Indian reservations within the represents a significant bipartisan ef- kota Association, which is the North State. These MR&I projects are essen- fort within North Dakota to meet the Dakota Chamber of Commerce, the tial to ensure a safe and clean water contemporary and future water quan- Fargo Chamber of Commerce, the In- supply throughout North Dakota. tity and quality needs of our State and dustrial Development Association of This legislation also includes $200 provide for the long-term economic de- North Dakota, and the North Dakota million to meet the comprehensive velopment of North Dakota. Education Association. water quality and quantity needs of I look forward to working with the Mr. President, I ask unanimous con- the Red River Valley. Also, the bill members and staff of the Senate En- sent that these letters be printed in the stipulates that the State of North Da- ergy and Natural Resources Committee RECORD following my remarks and be- kota will select one or more project on this legislation, specifically Senator fore the legislation itself. features from options identified to MURKOWSKI and Senator BUMPERS, the The PRESIDING OFFICER. Without meet those needs, including the deliv- chairman and ranking member respec- objection, it is so ordered. ery of Missouri River water to the Red tively. I also look forward to discussing (See exhibit 1.) River Valley. the need for the Dakota Water Re- Mr. CONRAD. Mr. President, this This legislation includes debt for- sources Act with my Senate colleagues outpouring of support is unprece- giveness for the State of North Dakota and would invite their support for this dented. In essence, our citizens are say- for costs of previously constructed fa- legislation that is essential for the fu- ing to Washington, take note. This is cilities that will not be utilized or will ture of North Dakota. essential for our future. be only partially utilized. Mr. President, this legislation has Before I conclude, I would like to say This legislation includes $40 million the unanimous support of the congres- that in addition to many fine people in for the construction of the Four Bears sional delegation, the Governor, state North Dakota who helped in the Bridge across Lake Sakakawea within legislative leaders, tribal leaders, crafting of this legislation, I want to the Fort Berthold Indian Reservation. North Dakota water interests, and the recognize the special efforts of staff Lake Sakakawea is the body of water North Dakota Rural Electric Coopera- members of mine who worked long and which was created by the construction tives. It also has the support of a major hard to produce these results: Robert of Garrison Dam. The resulting lake state conservation group and mayors of Van Heuvelen, Derik Fettig, Kirk not only flooded valuable farmland on the major affected cities. The Dakota Johnson, and Mary Knapp. the reservation, but divided the res- Water Resources Act is the consensus Their dedication in getting amend- ervation. The current bridge, which is product of an extensive negotiating ments drafted has contributed tremen- the only route to cross Lake process. dously to the positive product we are Sakakawea, is functionally inadequate I want to express my personal appre- introducing today. They have been in- and cannot handle current traffic ciation to each of the State elected strumental in forging the consensus flows. The structure poses a significant leaders who served as the State nego- which is a hallmark of this legislation. safety hazard and hampers access to tiating team. I am deeply grateful for Through careful attention to detail, emergency and medical services. their efforts. They were undertaken in endless rounds of communications with The Dakota Water Resources Act good faith, in a bipartisan spirit be- all interested parties and preparation contains numerous provisions to en- cause we recognize the critical impor- of myriad of drafts, these four profes- sure that this project is constructed in tance of the completion of this project sionals have made a real mark. As an environmentally-sensitive manner. for the future economic health and many in North Dakota will attest, The legislation permits the State to es- strength of our State. Robert, Derik, Kirk, and Mary exem- tablish a water conservation program, Our State leaders have come together plify the finest that we find among utilizing funds provided for MR&I. in an unprecedented way. I am submit- congressional staff. I thank them for Also, this bill includes $25 million for a ting for the RECORD, and I will ask their contribution today. Natural Resources Trust, currently the unanimous consent to have printed in In addition to my own staff, I want to Wetlands Trust, and an authorization the RECORD after my statement and take this moment to also thank three of $1.5 million to fund a wetlands inter- after the bill, the letters of support, in- other outstanding congressional staff- pretive center. The purpose of the trust cluding a letter signed by Senator DOR- ers for their help in achieving this re- is to preserve, enhance, restore and GAN, Congressman POMEROY, Governor sult: Doug Norell, the legislative direc- manage wetlands and associated wild- Schafer, North Dakota Senate major- tor for Senator DORGAN, Andrea S12464 CONGRESSIONAL RECORD — SENATE November 10, 1997 Nygren, Ruth Fleischer, and Mike Eggl population of 5,000 when I left. It now has run dry in the past. All of that of Senator DORGAN’s staff, Karen has a population of 3,000. The neighbor- sounded good to North Dakota, so we Frederickson and Amy Goffe, the chief ing county, about the same size as my got the flood. of staff and legislative assistant, re- home county, is called Slope County. It Elbow Woods—where my dad lived as spectively, for North Dakota Congress- is the size of the State of Rhode Island a young boy and used to herd horses up man EARL POMEROY. This has been a in landmass. Nine hundred citizens live on the Indian reservation—Elbow collaborative effort among the delega- in Slope County, and last year there Woods doesn’t exist anymore. It is a tion, the State’s elected leaders and were only seven babies born in Slope community that is gone because now their staffs. And I thank them for it. County. I say that just to give people where Elbow Woods stood is a lake, a I thank the Chair and yield the floor. an understanding of the size of our flood. Elbow Woods and other commu- Mr. DORGAN addressed the Chair. State and what is happening in some of nities were flooded, and the Indian pop- The PRESIDING OFFICER. The Sen- the rural counties where the popu- ulation moved to the upland, so the ator from North Dakota. lation is shrinking and we are seeing flood came and stayed. Mr. DORGAN. Mr. President, I lis- outmigration. Yet we are a State that But when President Eisenhower went tened with interest to the presentation is recognized as one of the most bounti- out to dedicate the dam that held back by my colleague, Senator CONRAD. He ful agricultural States in America. the water and created the flood and the is presenting today, and I join him in Something happened in the 1940’s people were moved and we had the presenting, a picture of water issues in that portended for us a change. What Rhode Island-size flood, it took a while North Dakota that are critically im- happened in the 1940’s was the discus- for the benefits to come to North Da- portant to the future of our State. I sion of the Pick-Sloan plan that would kota. We had the cost now. The cost would like to describe for my col- create flood control down the reaches was this flood, but the benefits were leagues why this is the case and what of the Missouri River with a series of something else. The benefits kept we propose to do to respond to the dams. In 1943, there was a great flood shrinking and shrinking because con- water needs of our region. troversy developed, and finally we We live in a semiarid State, Mr. on the Missouri River, and it crippled passed a piece of legislation in 1965 and President. North Dakota gets 15 to 17 the delivery of supplies for American another one in 1986 to try to make sure inches of rainfall a year. About 100 troops fighting in World War II to the that we got the benefits we were prom- years ago, John Wesley Powell told the gulf ports. It brought home, more than anything, the need for reliable trans- ised. North Dakota Constitutional Conven- At least part of the benefits were to, tion in the year 1888 that North Dakota portation and navigation on the river, for example, move water throughout would have a series of years when they for reliable flood control on the river. North Dakota. From the 1986 act, we fi- would have abundant crops, and then From it was born the Pick-Sloan nally have water coming to southwest- for 2 or 3 years, they would have less plan to try to harness the Missouri ern North Dakota. We have a plan to rainfall. There will be failure of crops, River and create a series of dams that move water to northwestern North Da- and disaster will come on thousands of would provide flood control and a range kota. These areas are areas from where people who will become discouraged of other benefits. we see this picture about the drinking and leave. As part of that plan, we were told in That is the history of those who live North Dakota, because the Federal water that looks like tobacco juice. on the border between humid and arid Government wishes to harness the Mis- This now represents an area that is lands. souri River and create six dams in getting water from the Missouri River, This is a picture showing some of the order to do so, we would like you in good quality water moved to all these crusted dirt of parched soil that has North Dakota to do us a favor. We communities, which helps them enor- not had enough moisture. What has would like you to host a flood that mously. But more needs to be done. We happened in our State is exactly what comes and stays. We would like to cre- cannot finish the project and complete was predicted a century ago. We are a ate a 500,000-acre flood in North Da- the promise given to our State until we wonderful, bountiful agricultural kota, about the size of the State of enact changes once more in the Garri- State, but we do suffer being a semi- Rhode Island. We want to take a Rhode son diversion legislation. arid State with the lack of rainfall, Island-size flood, put it in your State It has been enormously controver- lack of water. We wanted to try to do by backing up the river with a dam and sial. Canada has objected; environ- something about that, to provide some you keep it there. A flood that comes mental groups have objected. So we put stability. and stays forever. together a group of elected officials The Senator from North Dakota, North Dakotans thought about that a who are the elected leaders of North Senator CONRAD, held up a picture that little bit and said, ‘‘Gee, so you want Dakota—the Governor, the congres- showed water in jars. It is interesting, to give us a Rhode Island-size flood, sional delegation, the Republicans and I come from southwestern North Da- what does that mean for us?’’ Democrats who are leaders in the State kota and know a lot about the water- The Federal Government said, ‘‘Well, legislature—House and Senate—and we quality issue Senator CONRAD was talk- you need to understand the second half created a negotiating team. All of us, ing about. A fellow brought a jar of of this. We would like you to host a which is pretty unusual, sat around a water to one of our hearings, and he sat flood that comes and stays, but we pro- table for many, many months at var- the jar on the table. You would have pose to give you a very significant ben- ious periods and negotiated a biparti- sworn it was tobacco juice; if not to- efit. You are a semiarid State. We san solution that will finish this plan bacco juice, at least strong coffee; and would like you to be able to take water for North Dakota. When finished, we if not strong coffee, very strong tea. from behind that dam and from that hope it will provide this kind of sight But, no, that jar of brown water was flood and move it all around your State all across our State in small towns and his drinking water. It was from his in order to deal with water quality and big towns, on farms, in cities—clean well. water accessibility and irrigation all drinking water enjoyed by North Da- We suffer water-quality problems in across your State.’’ kota, opportunities from water deliv- addition to the lack of water in North The people of North Dakota thought, ery to all parts of our State. That is Dakota, which is a semiarid State. We ‘‘Gosh, that sounds like a really good what we hope the benefits of this plan have known now for a century the con- deal, something needed in our State.’’ will be. sequences of that. The consequences of From that was born the Garrison Di- I have taken some time to give a that are imposed upon our economic version Project. Behind the Garrison much broader history of how we have well-being in a State that is a wonder- Dam, the ability to divert water all gotten to this point, simply because I ful State, but suffers from having 42 of around our State to irrigate, provide want people to understand, this does its 53 counties declining in population. good quality drinking water, to provide not have as its origin in our State com- Only 11 counties have a growing popu- assured supplies of water for municipal ing to Washington saying, ‘‘Give us lation. and industrial use in cities and, yes, something, please; we’d like you to Mr. President, I come from a county even in the eastern part of our State give us a plan, please.’’ That was not in southwestern North Dakota. It had a who are served by the Red River, which the origin. The origin was the Federal November 10, 1997 CONGRESSIONAL RECORD — SENATE S12465 Government going to North Dakota kota to realize the full promise that brought together such a broad cross- saying, ‘‘Please play host to a flood the the Federal Government gave North section of the State of North Dakota in size of the State of Rhode Island that Dakota. support of a project as significant as will be forever in your State, and we Finally, our bill represents a rare this one. will promise you that you will get from consensus among all the major partici- I just want to thank my colleague for that an opportunity to move good qual- pants in State water development and all of his efforts and all of his leader- ity water throughout the State for mu- conservation. It is a rare thing, I sup- ship. He was involved in the 1986 refor- nicipal, rural, and industrial purposes, pose, to hear these days that this is a mulation. He early on recognized that and for irrigation.’’ bipartisan plan. It is the product of Re- we had an additional opportunity here What has happened to us is we bore publicans and Democrats sitting to have something develop that would the cost of the flood, but we never re- around a table, not describing them- secure the economic future of our ceived the full flower of the benefits selves as partisans, not describing State. that were promised us under the act. themselves by their political party, but I think we should also acknowledge Senator CONRAD and I and our col- describing themselves as leaders serv- that we understand we face a tough league, Congressman POMEROY, in the ing North Dakota’s long-term inter- struggle to pass this legislation. We House, today offer a bipartisan piece of ests. We did that. And I am very know that we have determined oppo- legislation that will, if completed, fi- pleased with the result. nents downstream, that we have other nally allow us to realize the full bene- Senator CONRAD described the sup- opponents as well, certain national en- fits of this project. port across North Dakota. And we are vironmental organizations. And the I am not going to go into all the de- going to put in the Congressional State of Minnesota and our neighbors tails of it except to say that the com- RECORD the letters of support from all to the north in Canada all have ex- promise that we offer finally allows us of the people who have written us, pressed reservations. But we have done to connect the waterworks, to get communities and many, many others, our level best to address their con- water to eastern North Dakota, and an for this project. cerns. We have brought forward a assured supply of water for some of the The PRESIDING OFFICER. The Sen- project that is environmentally sen- largest communities in North Dakota ator has spoken for in excess of 10 min- sitive, that is fiscally sound, and does that live along the Red River. utes. meet the current and long-term water It addresses in a very significant way Mr. DORGAN. I ask unanimous con- needs of the State of North Dakota, all the concerns that were expressed by sent to finish in 1 additional minute. within the context of changing what environmental organizations. It ad- The PRESIDING OFFICER. Without has already been approved by Congress. dresses the issues that were raised by a objection, it is so ordered. Senator DORGAN made the point and number of others who have had con- Mr. DORGAN. Finally, Mr. President, made it well. We have an approved cerns about the project. In short, it let me add my compliments to Senator project that is even a bigger project says, let us finish this project in a way CONRAD himself. Senator CONRAD has than what we are proposing here today, that satisfies the interests and needs of played an instrumental role in getting but it is unlikely to ever be built. Now North Dakota, but also do it in a way us to this point. We would not be here is the time to step forward and to pro- that addresses the concerns others without Senator CONRAD’s leadership. pose reasonable alternatives that are have raised about this project. Let me also commend Senator alternatives that would secure the This project is fiscally responsible. It CONRAD’s staff, and let me echo the long-term interests of the State of would in fact, if completed the way we words of praise that Senator CONRAD North Dakota. envision, cut nearly $200 million from gave to Doug Norell, the legislative di- So, again, I want to especially thank the current authorization. So we are rector of my staff, and Ruth Fleischer my colleague from North Dakota. talking about completing a project in a and Andrea Nygren, and so many oth- Mr. DORGAN. Will the Senator yield different way but cutting up to $200 ers. for a question? million from the current authorized Congressman POMEROY has played a Mr. CONRAD. Yes. level for this project. The Act provides critically important role here. Gov- Mr. DORGAN. It might be useful to substantial environmental benefits, in- ernor Schafer, the state legislative discuss the plans as we proceed. We incentives for water conservation, the leaders, State senator Tim Mathern, troduced the legislation today here in creation of a natural resources trust, State representative Merle Boucher, the Senate. It will be concurrently in- and additional incentives for the State State representative John Dorso, State troduced in the House of Representa- to establish and meet other specified senator Gary Nelson all were impor- tives by our colleague, Congressman conservation goals. So it provides sub- tant in getting us to this point. POMEROY. At that point my expecta- stantial environmental benefits. My hope is that we will now begin a tion would be that we will want to hold We believe that the cooperative ef- process to move this legislation, have some hearings. fort with the congressional delegation some hearings, and I hope at the end of This will likely be referred—without and the State’s political leaders have this struggle—I am not sure when that doing the Parliamentarian’s job, I as- vastly strengthened this bill. I want to end will occur; it is not clear that this sume will be referred—to the Senate commend especially the North Dakota is going to move quickly—but at the Energy and Natural Resources Com- chapter of the Wildlife Society, which, end of this struggle we in North Da- mittee on which I sit. We expect to re- incidentally, wrote a letter saying: kota will be able to look back and say, quest some hearings by the Senate En- ‘‘We support this compromise. This it was a long, hard fight, but we got ergy and Natural Resources Commit- compromise meets the test of being en- what was promised for our State. And tee. My expectation is we would want vironmentally sound.’’ not only did we get what was promised, to perhaps hold some North Dakota The third test this bill meets is that but it was important, critically impor- hearings with the joint leadership in it provides more in economic develop- tant, for the long-term economy of North Dakota to have an opportunity ment than natural resource enhance- North Dakota. to further discuss this project. ment alone. Water is necessary for all Mr. President, I yield the floor. I want to emphasize something Sen- life, but in a semi-arid plain State it is Mr. CONRAD addressed the Chair. ator CONRAD just indicated. There will critical. The PRESIDING OFFICER. The Sen- be opposition. This is a bipartisan ap- I began this description by talking ator from North Dakota. proach, but there will be opposition. about the outmigration from rural Mr. CONRAD. Mr. President, let me There is this old story about the counties and the desperate need to try just thank my colleague, Senator DOR- radio announcer who was interviewing to pump some economic life into those GAN. Senator DORGAN and his staff have an old guy, some 85-year-old codger. counties. One way to do that is to have worked tirelessly to produce this re- And he said, ‘‘You’ve seen a lot of an assured supply of good water. The sult. This isn’t something we have just changes in your life, ain’t you?’’ And fourth test this bill meets is project worked on the last few months. This the guy said, ‘‘Yeah, I sure have.’’ The completion. This finally would com- has been an effort of 6 years to bring us old guy added, ‘‘I’ve been against all of plete the project and allow North Da- to this point. It is remarkable to have them, too.’’ S12466 CONGRESSIONAL RECORD — SENATE November 10, 1997 You know, there are people like that. the State legislature, on a bipartisan EXHIBIT 1 They are against all changes until it is basis, we believe this legislation allows NORTH DAKOTA, demonstrated that change was good, the Federal Government to keep its November 7, 1997. and then they say, ‘‘OK, now let me promise. Sen. FRANK MURKOWSKI, Chairman, Committee on Energy and Natural just oppose the next change.’’ So it is There might be controversy here clear to me that we will have opposi- Resources, U.S. Senate, Washington, DC. about this in this Chamber, but we Sen. DALE BUMPERS, tion. would say that ‘‘You owe North Dakota Ranking Member, Committee on Energy and The test for us, however, is to have this project. You promised it. We have Natural Resources, U.S. Senate, Washing- developed a plan, which I think this the flood. The flood isn’t going away. ton, DC. plan meets, that is sensitive to all of Now you must provide the benefits you Rep. DON YOUNG, the issues that are raised in opposition. promised, Federal Government.’’ So Chairman, Committee on Resources, U.S. House When environmental organizations that is what we say today to the Fed- of Representatives, Washington, DC. Rep. GEORGE MILLER, say to us, ‘‘Well, we have some real eral Government: Keep your promise. problems with this,’’ I think what we Ranking Member, Committee on Resources, U.S. We would say, I think, to those who are able to say is we worked with House of Representatives, Washington DC. are naysayers, those who look at this GENTLEMEN: Today marks a significant major environmental organizations in and say, ‘‘Well, we don’t support this,’’ milestone for the State of North Dakota. We, our State and negotiated with them, we want to hear you. We are willing to the elected political leaders of the state, made changes relative to the rec- have agreed to support the introduction and listen. We are going to hold hearings. If ommendations they made, and they, I to urge the passage of the ‘‘Dakota Water you have a better approach, if you have am pleased to say, have sent us a letter Resources Act.’’ The attached legislation, if a better plan, tell us. If you have prob- saying, ‘‘We support this approach.’’ enacted, will play an integral part in the lems with this, tell us what those prob- economic future of our state. We think this approach is a good lems are. We are proud that this legislation is the compromise, meets the environmental product of extensive and full consultation tests. So my expectation is that today We want to address all the real prob- with people who represent nearly all aspects is getting this piece of reform legisla- lems that exist, but we intend at the of the life of our state. It represents a coop- tion to the starting line. We have a hill end of the day to get for our State erative effort which has not only reached ahead of us. The question is, how steep, what was promised to our State. It is across partisan political lines, but also has how long does it take to get up the hill not just because we want to get some- constructively engaged all affected interests of the state. It reflects the views of Repub- and down the other side? We will get thing; it is because our State’s economic future depends on our ability in licans and Democrats, Tribal leaders, the there. The question is, how difficult is North Dakota Chapter of the Wildlife Soci- this and what is the timeframe? the coming years to complete this ety, The North Dakota Water Users Associa- So I thought we might want to talk project the way it was promised to tion, and the Rural Electric Cooperatives. about that kind of approach today. North Dakota. Accordingly, we urge you to give this legis- Mr. CONRAD. I just respond by say- So let me, finally, Mr. President— lation your early review and full support. Sincerely, ing, I think it is very important that and I thank Senator CONRAD for yield- Kent Conrad, U.S. Senator; Byron Dor- we have hearings—and have hearings in ONRAD ing—indicate that Senator C al- gan, U.S. Senator; Carl Pomeroy, U.S. North Dakota—to be able to hear from ready mentioned that Bob Van Representative; Edward Schafer, Gov- all affected interests there. We already Heuvelen and Derik Fettig and Kirk ernor; Gary Nelson, Majority Leader, have heard from virtually every af- Johnson of his staff played a very im- State Senate; Timothy Mathern, Mi- fected interest in the State of North portant role in this, as did Karen nority Leader, State Senate; John Dakota. They have sent us letters in Frederickson and Amy Goffe of Con- Dorso, Majority Leader, State House; support of this project. gressman POMEROY’S staff. I don’t Merle Boucher, Minority Leader, State There is absolutely an unprecedented know if we mentioned Dave House. Attachment. degree of bipartisan support, virtually Sprynczynatyk working for Governor every affected interest in the State of Schafer, and Murray Sagsveen and Bob NORTH DAKOTA CHAPTER OF THE WILDLIFE North Dakota. But we also will look Harms, as well as critically important SOCIETY forward to hearings here because we staff members at the State level, to STATEMENT CONCERNING THE NOVEMBER 7TH, understand there are people in opposi- help us formulate this set of amend- 1997 PROPOSED AMENDMENTS TO GARRISON DI- tion, there are tests in opposition. We ments that we offered today to the U.S. VERSION REFORMULATION ACT OF 1986 want the opportunity to explain what Senate. The North Dakota Chapter of The Wildlife Society supports the proposed amendments we have done to respond to their con- Mr. CONRAD. If the Senator would cerns, because I think this is a remark- to Garrison Diversion Reformulation Act as just yield, I think we also want to ac- described in the November 7, 1997 Discussion able effort to try to listen to what knowledge, I might say, the individuals Draft. We strongly believe the cooperative other people have said and to try to de- from the State level that we have ac- effort with the Congressional Delegation and sign a project that meets their con- knowledged in our statements. We North Dakota’s state political leaders has cerns. should add Mike Dwyer, of the North strengthened the bill. Throughout this effort So I think we are looking forward to Dakota Water Users, who played a crit- we have sought to develop legislation that benefits North Dakotans through water de- the opportunity to tell our story and to ical role of shuttle diplomacy, going make our case. We believe it is a pow- velopment and minimizes potential impacts back and forth in the final days to to our state’s natural resources. erful one. As I indicated earlier, we be- reach conclusion here. Modification of the 1986 Reformulation Act lieve this project is environmentally So this has been a true team effort, will benefit substantially more North Dako- sensitive, fiscally sound, and in the with Dave Sprynczynatyk, the State tans by emphasizing municipal, rural, and long-term interests of the State of industrial water needs of the State. The No- water engineer, and Maj. Gen. Murray North Dakota and of the Nation. vember 6, 1997 additions also place an equal Sagsveen working on behalf of the Gov- So, again, I want to thank my col- emphasis on recognition of the enhancement ernor and Bob Harms, of the Governor’s league from North Dakota for all of his of fish and wildlife and other natural re- staff, and, as I have indicated, Mike sources as a full project feature. We are efforts in bringing us to this day. Dwyer of the North Dakota Water pleased to see the designation of Lonetree as Mr. DORGAN. If you might yield for a wildlife conservation area. This change is one additional point. Users. All of them played very important roles, as did Mike Olson, Bill consistent with the recognition of natural I think what we say today when we resource conservation as a project feature introduce this legislation is, we say to Bicknell and Dick Kroger of the North that benefits North Dakota and the State’s the Federal Government, ‘‘Keep your Dakota Chapter of the Wildlife Soci- economy. promise. You made our State a prom- ety. We are also encouraged by the addition of ise. We expect the Federal Government In the final hours, in the final days, funds and the increased opportunities for natural resource conservation in North Da- to keep their promise.’’ This legisla- it took a real coming together to achieve this result. We certainly appre- kota presented by the evolution of the Wet- tion, in our judgment, the combined lands Trust into the new Natural Resources judgment of the Governor, the congres- ciate all of their efforts. Trust. We believe the establishment of an ac- sional delegation, the elected leaders of I thank the Chair and yield the floor. count within the Natural Resources Trust to November 10, 1997 CONGRESSIONAL RECORD — SENATE S12467

operate and maintain wildlife development NORTH DAKOTA WATER The cities of Hettinger, Reeder, and Glen areas will benefit wildlife resources in the USERS ASSOCIATION, Ullin, cited for excessive fluoride violations, state. This will ensure the stated commit- Bismarck, ND, November 7, 1997. await a new water supply. The Southwest ments of the project are met in the future. To: Gov. EDWARD SCHAFER, Sen. KENT Pipeline Project will be that new source of CONRAD, Sen. BYRON DORGAN, Rep. EARL water. An additional 11 cities and approxi- The findings of the Environmental Impact POMEROY, Sen. GARY NELSON, Sen. TIM mately 2300 farms and ranches are waiting Statement written by the Bureau of Rec- MATHERN, Rep. JOHN DORSO, Rep. MERLE for water from the Southwest Pipeline lamation will provide a framework for a BOUCHER. Project. The amended 1986 Reformulation project which minimizes impacts to North From: North Dakota Water Users Associa- Act will supply funds necessary for comple- Dakota’s natural resources and provides for tion. tion of the Southwest Pipeline Project. opportunities to meet the comprehensive Re: Garrison Amendments. Your support and efforts are appreciated. water needs of eastern North Dakota. We We would like to thank you for your con- The Southwest Water Authority offers its siderable effort to achieve consensus on a will gladly be a full participant in this proc- support and assistance to you as necessary. proposal to further the Garrison project and ess to help ensure that the water needs of Sincerely, meet the critical water needs of North Da- PINKIE EVANS-CURRY, Fargo, Grand Forks, and neighboring com- kota. We sense there is a unity we have not Manager/CEO. munities are met in an environmentally had before among state water users, state sound cost effective manner. wildlife interests, Tribes, power customers DEVILS LAKE BASIN and others on how we should proceed in pro- Our involvement in this legislation has not JOINT WATER RESOURCE BOARD, posing to complete Garrison Diversion water ended. We look forward to working with all Devils Lake, ND, November 7, 1997. supply facilities. parties involved to develop the correspond- We fully support the amendments that Gov. EDWARD SCHAFER, ing report language to capture all points of have been developed to enable the 1986 Refor- State Capitol, agreement. Full involvement by all inter- mulation Act to be modified and imple- Bismarck, ND. ested parties has produced a final bill that mented. While the amendments eliminate Sen. GARY NELSON, Casselton, ND. North Dakotans can embrace. We welcome most of the irrigation opportunities provided Sen. KENT CONRAD, the opportunity to cooperatively work on in the 1965 and 1986 Acts, we will vigorously support the current proposal in the spirit of Hart Office Building, this and other issues effecting North Dako- Washington, DC. ta’s natural resource heritage. compromise with the many competing interests in this project, and with the belief that Sen. Tim Mathern, the proposal will meet the critical water Fargo, ND. NORTH DAKOTA EDUCATION ASSOCIATION, needs of our state, including the opportunity Sen. BYRON DORGAN, Bismarck, ND, November 7, 1997. to utilize the existing facilities to provide Hart Office Building, Hon. KENT CONRAD, Missouri River water to meet the water Washington, DC. U.S. Senator, Washington, DC. needs of the Red River Valley. Rep. JOHN DORSO, Fargo, ND. DEAR SENATOR CONRAD: On behalf of the We look forward to working with you and the Tribe, state wildlife interests, cities, Rep. EARL POMEROY, North Dakota Education Association, we en- rural water systems, other water users, Longworth Office Building, courage you to support the proposal to power customers and others to secure ap- Washington, DC. amend the 1986 Reformulation Act and com- proval and implementation of the proposed Rep. MERLE BOUCHER, plete the Garrison Division water facilities. amendments. Rolette, ND. The proposal you have developed is impor- MIKE DWYER, GENTLEMEN: On behalf of the Devils Lake tant to the future of our state. Exectuvie Vice Presi- Basin Joint Water Resource Board this is to communicate our support of the proposal to We appreciate your efforts and encourage dent. JACK OLIN, amend the 1986 Reformulation Act and com- you to support the legislation that will enact President. plete the Garrison Diversion water facilities. a water policy for the state of North Dakota The proposal you have jointly and coopera- that has been long awaited. SOUTHWEST WATER AUTHORITY, tively developed will meet the water needs of Sincerely, Dickinson, ND, November 7, 1997. North Dakota. JOSEPH A. WESTBY. Gov. EDWARD SCHAFER, Your efforts to achieve consensus are Executive Director. State Capitol, greatly appreciated. We stand ready to pro- Bismarck, ND. vide necessary support and assistance. NORTH DAKOTA ASSOCIATION OF Sen. KENT CONRAD, Sincerely, RURAL ELECTRIC COOPERATIVES, Hart Office Building, BEN VARNSON, Mandan, ND, November 7, 1997. Washington, DC. Chairman. To: Sen. KENT CONRAD, Sen. BYRON DORGAN, Sen. BYRON DORGAN, Hart Office Building, Rep. EARL POMEROY, Gov. ED SCHAFER, CITY OF MINOT, Washington, DC. Sen. GARY NELSON, Sen. TIM MATHERN, OFFICE OF THE MAYOR, Rep. JOHN DORSO, and Rep. MERLE BOU- Rep. EARL POMEROY, November 7, 1997. Longworth Office Building, CHER. Gov. ED SCHAFER, From: Dennis Hill, Executive Vice President. Washington, DC. State Capitol, Re: Amendments to 1986 Garrison Reformu- Sen. GARY NELSON, Bismarck, ND. Casselton, ND. lation Act. Sen. KENT CONRAD, Sen. TIM MATHERN, On behalf of the rural electric network in Hart Office Building, Fargo, ND. Washington, DC. North Dakota, I want to commend each of Rep. JOHN DORSO, Sen. BYRON DORGAN, you for the leadership you’ve provided to de- Fargo, ND. velop a set of amendments to the 1986 Garri- Hart Office Building, Rep. MERLE BOUCHER, Washington, DC. son Reformulation Act. This process has Rolette, ND. Rep. EARL POMEROY, DEAR GENTLEMEN: The Southwest Water been an impressive display of bi-partisan Longworth Office Building, Authority Board of Directors supports the leadership that has resulted in a set of Washington, DC. proposal to amend the 1986 Reformulation amendments that will finish a major water Sen. GARY NELSON, Act and the completion of Garrison Diver- supply project for our state. Casselton, ND. sion water facilities. The rural electric network has long sup- Your joint effort on this issue is a reflec- Sen. TIM MATHERN, ported the completion of Garrison Diversion. tion of the statewide support for water devel- Fargo, ND. Rep. JOHN DORSO, We supported the 1965 Act, the 1986 Reformu- opment in North Dakota. Garrison Diversion Fargo, ND. lation, and we now support these amend- does not only support eastern North Dakota. Rep. MERLE BOUCHER, ments that you have been able to craft that We in southwestern North Dakota also benefit from this project. Rolette, ND. will help our state meet its future contem- Currently the Southwest Pipeline Project DEAR GENTLEMEN: On behalf of the City of porary water needs. provides water to 15 communities, Assump- Minot, this is to communicate our support We pledge our continuing support of this tion Abbey, Sacred Heart Monastery, and the proposal to amend the 1986 Reformula- project and this process. Please let us know 1200 farms and ranches. Construction to tion Act and complete the Garrison Diver- how can we be of help in moving this set of these areas was possible because of funding sion water facilities. amendments through the Congress. through Garrison Diversions’ Municipal, The proposal you have jointly and coopera- Rural, and Industrial Fund and the North tively developed will finish a project that Again, thanks for the excellent leadership. Dakota Resource Trust Fund. has languished far too long. S12468 CONGRESSIONAL RECORD — SENATE November 10, 1997 Your efforts to achieve consensus are straight years. As late as 1975, severe ration- The Tribe hereby acknowledges the efforts greatly appreciated. We stand ready to pro- ing of water in Fargo was caused by low of all our representatives in Congress and vide necessary support and assistance. flows in the Red River. will continue to endorse the North Dakota Sincerely, The introduction of new legislation to con- Congressional delegation with regards to In- ORLIN W. BACKES, tinue the Garrison Diversion effort is very dian Affairs. Mayor. timely. The modifications to the established I was very grateful for the opportunity to legislation will greatly enhance Fargo’s and represent my tribe by giving testimony on INDUSTRIAL DEVELOPMENT eastern North Dakota’s potential as a this very important piece of legislation. I ASSOCIATION OF NORTH DAKOTA, growth area—for population, economic and look forward to a continued effort on both November 7, 1997. agricultural purposes—in the Midwest. our parts to ensure the very best for our Gov. EDWARD SCHAFER, Your continued support and work on this State and my Tribe. State Capitol, very important legislation is needed and ap- Sincerely, Bismarck, ND. preciated. If we can do anything to further CHARLES W. MURPHY, Sen. KENT CONRAD, this legislative effort, please call on me. Chairman. Hart Office Building, Sincerely, Washington, DC. BRUCE W. FURNESS, S. 1515 Sen. BYRON DORGAN, Mayor. Be it enacted by the Senate and House of Rep- Hart Office Building, TURTLE MOUNTAIN BAND OF resentatives of the United States of America in Washington, DC. CHIPPEWA INDIANS, Congress assembled, Rep. EARL POMEROY, Belcourt, ND, November 7, 1997. SECTION 1. SHORT TITLE. Longworth Office Building, Hon. BYRON DORGAN, This Act may be cited as the ‘‘Dakota Washington, DC. U.S. Senate, Water Resources Act of 1997’’. Hart Building, Sen. GARY NELSON, SEC. 2. PURPOSES AND AUTHORIZATION. Casselton, ND. Washington, DC. Section 1 of Public Law 89–108 (79 Stat. 433; Sen. TIM MATHERN, Hon. KENT CONRAD, 100 Stat. 418) is amended— Fargo, ND. U.S. Senate, (1) in subsection (a)— Rep. JOHN DORSO, Hart Building, (A) in paragraph (2), by striking ‘‘of’’ and Fargo, ND. Washington, DC. inserting ‘‘within’’; DEAR SENATOR: The Turtle Mountain Band Rep. MERLE BOUCHER, (B) in paragraph (5), by striking ‘‘more of Chippewa Indians approve the efforts of Rolette, ND. timely’’ and inserting ‘‘appropriate’’; and DEAR GENTLEMEN: On behalf of the Indus- our congressional representatives in your ef- (C) in paragraph (7), by striking ‘‘providing trial Development Association of North Da- fort with regard to the ‘‘Dakota Water Re- irrigation for 130,940 acres of land’’ and in- kota, and as a member of the North Dakota sources Act’’ We know how hard this type of serting ‘‘providing for the development of Water Coalition, we support the proposal to legislation is to get bipartisan agreement municipal, rural, and industrial water sys- amend the 1986 Reformulation Act and com- and feel your efforts have been exceptional. tems, ground water recharge, augmented pletion of the Garrison Diversion water fa- We of the Turtle Mountain Band of Chip- stream flows, irrigation, and enhanced fish cilities plan. My understanding is that this pewa Indians appreciate being invited to the and wildlife habitat and other natural re- is being offered under the ‘‘Dakota Water Re- October 27th, 1997 hearing on the Draft Gar- sources’’; sources Act of 1997’’. rison Amendments. We feel that the hearings (2) in subsection (b)— Water is one of the predominant economic were very productive and appreciate the co- (A) by inserting ‘‘, jointly with the State development issues for many of the commu- operation and courtesies extended to the of North Dakota,’’ after ‘‘construct’’; nities in the state. Simply stated, we seem tribes of North Dakota. to have too much water in some areas and We have reviewed the total ‘‘discussion (B) by striking ‘‘the irrigation of 130,940 not enough in others. Therefore, we support draft’’ dated November 5, 1997 as was sent to acres’’ and inserting ‘‘irrigation’’; the consensus efforts of the water coalition us. (C) by striking ‘‘fish and wildlife conserva- and our congressional delegation in crafting 1. We feel this draft is well put together tion’’ and inserting ‘‘fish, wildlife, and other legislation that will help us build our future and generally portrays the feeling of the ma- natural resource conservation’’; by developing water delivery systems across jority of attendees at the table. The Tribes (D) by inserting ‘‘augmented stream flows, our state. of North Dakota agreed on the breakdown of ground water recharge,’’ after ‘‘flood con- We appreciate your initiative in this im- the Native American authorizations and find trol,’’; and portant matter. We look forward to working them as was discussed. (E) by inserting ‘‘(as modified by this with you in the future. 2. We note that you have taken some of the Act)’’ before the period at the end; Sincerely, suggestions put forth in Russell D. Mason, (3) in subsection (e), by striking ‘‘termi- THOMAS C. ROLFSTAD, Sr. letter dated October 27, 1997 handed out nated,’’ and all that follows and inserting Immediate Past President. at the hearings. ‘‘terminated.’’; and 3. We note that in section 7(c) you have (4) by striking subsections (f) and (g) and CITY OF FARGO, made specific reference to the Trenton In- inserting the following: OFFICE OF THE MAYOR, dian Service Area in the Turtle Mountain al- ‘‘(f) NONREIMBURSABILITY OF FEATURES.— November 7, 1997. location and are pleased with that thought. All features constructed by the Secretary be- Hon. KENT CONRAD, 4. In the Section 7(c) page 14 line 22, you fore the date of enactment of the Dakota U.S. Senate, have included ‘‘along with adjacent areas’’ Water Resources Act of 1997, including the Hart Office Building, what is the intent of this? Oakes Test Area, shall be nonreimbursable. Washington, DC. The Turtle Mountain Band of Chippewa In- ‘‘(g) AGREEMENT BETWEEN THE SECRETARY DEAR SENATOR CONRAD: The latest draft dians feel this document is put together in AND THE STATE.—The Secretary shall enter amendments to the Garrison Diversion Re- the spirit of cooperation with the entities in- into an agreement with the State of North formulation Act of 1986 have been received volved and look forward to doing whatever Dakota providing for the operation and and reviewed by Fargo staff and elected offi- the Tribe can do to support the passage of maintenance of the completed unit facilities cials. We are very supportive of the proposed this legislation. Please contact myself or and the design and construction of author- language. Ken Loveland at any time if we can assist ized new unit facilities by the State. The As the State’s largest City which contin- your efforts toward final passage of the Da- Secretary shall be responsible for the cost of ues to have a population growth of nearly 2% kota Water Resources Act. operation and maintenance of the propor- per year—this rate of increase has sustained Respectfully yours, tionate share attributable to the facilities for over 20 years—the need for an adequate, RAPHAEL J. DECOTEAU. which remain unused. reliable and quality source of water is key to ‘‘(h) MITIGATION AND ENHANCEMENT.—The our future. The City has just completed con- STANDING ROCK SIOUX TRIBE, Secretary shall be responsible for operation, struction of a state of the art water treat- November 7, 1997. maintenance, and replacement of mitigation ment facility having the capabilities of ad- Hon. KENT CONRAD, and enhancement measures associated with dressing all current and anticipated safe Hart Senate Building, features constructed under this Act.’’. drinking water standards well into the 21st Washington, DC. SEC. 3. FISH AND WILDLIFE. Century. While this facility is on line and DEAR SENATOR CONRAD: The Standing Rock Section 2 of Public Law 89–108 (79 Stat. 433; treating water from the Red River of the Sioux Tribe is in full support of the amend- 100 Stat. 419) is amended— North and the Sheyenne River, it will be of ments to the Garrison Reformulation Act of (1) in subsection (c)— little use if water is not available in either of 1986. (A) in paragraph (1)— these water sources. The Tribe especially appreciates the inclu- (i) by striking ‘‘(1) If, before commence- History bears out the fact that the lack of sion of the irrigation issues for the Standing ment of construction of the unit, non-Fed- water in these rivers is a real possibility—in Rock reservation and the $200 million re- eral public bodies agree’’ and inserting ‘‘If the 1930’s low flow conditions prevented the quested for water systems on the reserva- non-Federal public bodies continue to use of water from the Red River for seven tion. agree’’; and November 10, 1997 CONGRESSIONAL RECORD — SENATE S12469 (ii) by inserting ‘‘and the State of North SEC. 6. MUNICIPAL, RURAL, AND INDUSTRIAL achieves the established water conservation Dakota’’ after ‘‘the Secretary’’; and WATER SERVICE. goals, the non-Federal cost share established (B) by striking paragraph (2); Section 7 of Public Law 89–108 (100 Stat. in section 7(a)(3) shall be reduced by 0.5 per- (2) in subsection (d), by striking ‘‘: Pro- 422) is amended— cent.’’. vided, That’’ and all that follows through (1) in subsection (a)— (2) in subsection (b)— ‘‘years’’; (A) in paragraph (3)— (A) in the first sentence, by striking the (3) in subsection (e)— (i) in the second sentence— period at the end and inserting ‘‘or such (A) by redesignating paragraphs (1) and (2) (I) by striking ‘‘The non-Federal share’’ other feature or features as may be selected as paragraphs (2) and (3), respectively; and inserting ‘‘Unless otherwise provided in under subsection (a)(4)(C).’’; (B) by inserting ‘‘(1)’’ after ‘‘(e)’’; this Act, the non-Federal share’’; and (B) in the second sentence, by striking (C) in the first sentence of paragraph (2) (as (II) by striking ‘‘this section shall be 25 ‘‘conveyance’’ and inserting ‘‘a project fea- redesignated by subparagraph (A)), by strik- percent’’ and inserting ‘‘this section and sec- ture selected under subsection (a)(4)(C)’’; and ing ‘‘within ten years after initial unit oper- tion 8(a) shall be 15 percent’’; (C) by adding at the end the following: ‘‘In ation’’; and (ii) by inserting after the second sentence addition, the costs of construction, oper- (D) in the first sentence of paragraph (3) the following: ‘‘The State may use the Fed- ation, maintenance, and replacement of (as redesignated by subparagraph (A))— eral and non-Federal funds to provide grants Northwest Area Water Supply Project water (i) by striking ‘‘, within ten years after ini- or loans for municipal, rural, and industrial treatment facilities deemed attributable to water systems. The State may continue to tial operation of the unit,’’; and meeting the requirements of the Boundary use funds from repaid loans for municipal, (ii) by striking ‘‘paragraph (1) of this sub- Waters Treaty of 1909 shall also be non- rural, and industrial water systems.’’; and section’’ and inserting ‘‘paragraph (2) of this reimbursable.’’. (iii) by striking the last sentence and in- subsection’’; and (3) in subsection (c), by striking ‘‘and Fort serting the following: ‘‘The Southwest Pipe- (4) in subsection (j)— Totten Indian Reservations’’ and inserting line Project, the Northwest Area Water Sup- (A) by striking paragraph (1); and ‘‘Turtle Mountain (including the Trenton In- ply Project, the Red River Valley Water Sup- (B) by redesignating paragraphs (2) and (3) dian Service Area), and Fort Totten Indian ply Project, and other municipal, industrial, as paragraphs (1) and (2), respectively. Reservations and adjacent areas’’; and and rural water systems in the State of (4) by adding at the end the following: SEC. 4. IRRIGATION FACILITIES. North Dakota shall be eligible for funding ‘‘(e) NONREIMBURSABILITY OF COSTS.—With Section 5 of Public Law 89–108 (100 Stat. under this section.’’; and respect to the Southwest Pipeline Project, 419) is amended— (B) by adding at the end the following: the Northwest Area Water Supply Project, (1) by striking ‘‘SEC. 5. (a)(1)’’ and all that ‘‘(4) PROJECT FEATURES FOR RED RIVER VAL- the Red River Valley Water Supply Project, follows through subsection (c) and inserting LEY WATER NEEDS.— and other municipal, industrial, and rural the following: ‘‘(A) REPORT ON RED RIVER VALLEY WATER water systems in North Dakota, the costs of ‘‘SEC. 5. IRRIGATION FACILITIES. NEEDS AND DELIVERY OPTIONS.—Not later than 90 days after the effective date of the the features constructed on the Missouri ‘‘(a) In addition to the existing 5,000-acre Dakota Water Resources Act of 1997, the Sec- River by the Secretary of the Army before Oakes Test Area, the Secretary is authorized retary, acting through the Commissioner of the date of enactment of the Dakota Water to develop irrigation in the following project the Bureau of Reclamation, and the State of Resources Act of 1997 shall be nonreimburs- service areas: Turtle Lake (13,700 acres) and North Dakota shall jointly submit to Con- able.’’. McClusky Canal (10,000 acres). The Secretary gress a report on the comprehensive water SEC. 7. SPECIFIC FEATURES. may also develop 1,200 acres of irrigation in quality and quantity needs of the Red River (a) IN GENERAL.—Section 8 of Public Law the New Rockford Canal Service Area pro- Valley and the options for meeting those 89–108 (100 Stat. 423) is amended by striking vided that the Secretary also implements needs, including the delivery of Missouri ‘‘SEC. 8.’’ and all that follows through sub- user fees for full reimbursement. The Sec- River water to the Red River Valley. Such section (a) and inserting the following: retary is prohibited from developing irriga- needs shall include, but not be limited to, ‘‘SEC. 8. SPECIFIC FEATURES. tion in these areas in excess of the acreage augmenting stream flows and enhancing: ‘‘(a) AUTHORIZATION.— specified herein, except that the Secretary is municipal, rural, and industrial water sup- ‘‘(1) IN GENERAL.—The Secretary is author- authorized and directed to develop up to plies; water quality; aquatic environment; ized and directed to construct a feature or 28,000 acres of irrigation in other areas of and recreation. features to deliver Missouri River water to North Dakota (such as Nesson Valley and ‘‘(B) ENVIRONMENTAL IMPACT STATEMENT.— the Sheyenne River water supply and release Horsehead Flats areas), not located in the Not later than 180 days after the date of en- facility or such other feature or features as Hudson Bay, Devils Lake, or James River actment of the Dakota Water Resources Act are selected under section 7(a)(4)(C). The fea- drainage basins.’’; of 1997, the Secretary shall, in coordination ture shall be designed and constructed to (2) by redesignating subsections (d), (e), with and with the concurrence of the State meet only the water delivery requirements and (f) as subsections (b), (c), and (d), respec- of North Dakota, prepare and complete a of the irrigation areas, municipal, rural, and tively; draft environmental impact statement con- industrial water supply needs, ground water (3) in the first sentence of subsection (b) cerning all feasible options to meet the com- recharge, and streamflow augmentation (as (as redesignated by paragraph (2)), by strik- prehensive water quality and quantity needs described in section 7(a)(4)(A)) authorized in ing ‘‘(a)(1)’’ and inserting ‘‘(a)’’; and of the Red River Valley and the options for this Act. The feature shall be located, con- (4) in the first sentence of subsection (c) meeting those needs, including the delivery structed, and operated so that, in the opin- (as redesignated by paragraph (2)), by strik- of Missouri River water to the Red River ion of the Secretaries of the Interior and ing ‘‘Lucky Mound (7,700 acres), Upper Six Valley. State, no violation of the Boundary Waters Mile Creek (7,500 acres)’’ and inserting ‘‘(C) PROCESS FOR SELECTION.—After re- Treaty of 1909 would result. The Secretary ‘‘Lucky Mound (7,700 acres) and Upper Six viewing the final report required by section may not commence construction on the fea- Mile Creek (7,500 acres), or such other lands 7(a)(4)(A) and complying with the require- ture until a master repayment contract con- at Fort Berthold of equal acreage as may be ments of section 7(a)(4)(B), and after consistent with the provisions of this Act be- selected by the tribe and approved by the sultation with the Secretary of the Interior, tween the Secretary and the appropriate Secretary,’’. the Secretary of State, and other interested non-Federal entity has been executed. SEC. 5. POWER. parties, the State of North Dakota in coordi- ‘‘(2) DEAUTHORIZATION OF LONETREE DAM Section 6 of Public Law 89–108 (79 Stat. 435; nation with affected local communities shall AND RESERVOIR.—The Lonetree Dam and Res- 100 Stat. 421) is amended— select 1 or more project features described in ervoir is deauthorized, and the Secretary (1) in subsection (b)— section 8(a)(1) that will meet the comprehen- shall designate the lands acquired for the (A) by striking ‘‘Notwithstanding the pro- sive water quality and quantity needs of the former reservoir site a wildlife conservation visions of’’ and inserting ‘‘Pursuant to the Red River Valley. The Secretary is author- area. provisions of’’; and ized and directed to enter into, within 180 ‘‘(3) The Secretary is authorized and di- (B) by striking ‘‘revenues,’’ and all that days after the record of decision has been ex- rected to enter into an agreement with the follows and inserting ‘‘revenues.’’; and ecuted, agreements in accordance with sec- State of North Dakota providing for the op- (2) in subsection (c)— tions 1(g) and 7(a) to construct the feature or eration and maintenance of the Lonetree (A) in the first sentence, by striking ‘‘any features selected by the State. wildlife conservation area, the costs of which reallocation’’ and all that follows and insert- ‘‘(D) WATER CONSERVATION PROGRAM.— shall be paid by the Secretary. ing ‘‘section 1(e) shall not result in any re- Funds provided in section 10(b)(1) and funds (b) TAAYER RESERVOIR.—Section 8(b) of allocation of project costs and shall not re- provided in section 10(b)(2) to carry out sec- Public Law 89–108 (100 Stat. 423) is amended sult in increased rates to Pick-Sloan Mis- tion 8(a) may be used by the State to develop in the second sentence— souri Basin Program customers.’’; and and implement a water conservation pro- (1) by inserting ‘‘acting through the Com- (B) by adding at the end the following: gram. The Secretary and State shall jointly missioner of the Bureau of Reclamation’’ ‘‘Nothing in this Act shall alter or affect in establish water conservation goals to meet after ‘‘Secretary’’; and any way the current repayment methodology the purposes of the State’s program and to (2) by inserting ‘‘, including acquisition for other features of the Pick-Sloan Missouri improve the availability of water supplies to through donation or exchange,’’ after ‘‘ac- Basin Program.’’. meet the purposes of this Act. If the State quire’’. S12470 CONGRESSIONAL RECORD — SENATE November 10, 1997 SEC. 8. EXCESS CROPS. SEC. 10. NATURAL RESOURCES TRUST. true in 1997. Thousands of people are Section 9 of Public Law 89–108 (100 Stat. Section 11 of Public Law 89–108 (100 Stat. leaving North Dakota for economic op- 423) is amended by adding at the end the fol- 424) is amended— portunity Denver, Minneapolis, and lowing: ‘‘Upon transfer of the Oakes Test (1) in subsection (a)— dozens of other places. Only 11 counties Area to the State of North Dakota, but not (A) by striking ‘‘Wetlands’’ and inserting ‘‘Natural Resources’’; in North Dakota had population in- later than 1 year after enactment of the Da- creases in the past decade. The root of kota Water Resources Act of 1997, Federal (B) by striking ‘‘The amount of each such funds authorized by this Act may not be used annual contribution shall be as follows:’’; the problem is the challenge of making to subsidize the irrigation of any crop at the (C) by striking paragraphs (1), (2), and (3); a dependable living on farms in rural Oakes Test Area.’’. (D) by redesignating paragraph (4) as para- areas and of planning for a dependable graph (1); and economic future in major cities that do SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (E) by inserting after paragraph (1) (as re- not now have reliable water supplies. Section 10 of Public Law 89–108 (100 Stat. designated by subparagraph (D)) the follow- Before turning to the main features 424; 106 Stat. 4669, 4739) is amended— ing: of the Dakota Water Resources Act, I (1) in subsection (a)— ‘‘(2) ADDITIONAL FEDERAL CONTRIBUTION.— (A) in the first sentence of paragraph (1), In addition to the amounts authorized in the thought my colleagues would find it by striking ‘‘$270,395,000 for carrying out the preceding subsection, the total amount of useful to know how the stoppage of war provisions of section 5(a) through section 5(c) the Federal contribution pursuant to this supplies in 1943 brought us to introduc- and section 8(a)(1) of this Act’’ and inserting Act is increased by $25,000,000. tion of this legislation in 1997. ‘‘to carry out section 5(a) $84,200,000’’; and ‘‘(A) The amount of each annual Federal KEEPING A PROMISE (B) in the first sentence of paragraph (2), contribution authorized by this subsection This bill offers hope to North Dako- by striking ‘‘5(e) of this Act’’ and inserting shall be 5 percent of the total amount appro- tans that they will finally see the com- priated under section 10(b)(1) and under sec- ‘‘5(c)’’; pletion of a major Federal-State water (2) in subsection (b)— tion 10(b)(2) to carry out section 8(a) of this (A) in paragraph (1), by inserting after the Act. development project that was promised first sentence the following: ‘‘In addition to ‘‘(B) The sums appropriated under section over 50 years ago. The promise was the amount authorized under the preceding 11(a)(2)(A) shall not exceed $10,000,000, sub- that North Dakota would get a com- sentence, there is authorized to be appro- ject to the provisions of section 11(a)(2)(C). prehensive water development project priated $300,000,000 to carry out section ‘‘(C) The remaining $15,000,000 may not be if it accepted a permanent Rhode Is- 7(a).’’; and appropriated until the features authorized by land-sized flood behind a dam built for (B) in paragraph (2), by inserting after the section 8(a) are operational and meeting the downstream flood protection and gen- objectives of that section as determined first sentence the following: ‘‘In addition to eration of hydro-electric power pri- the amount authorized under the preceding jointly by the Secretary and the State.’’; sentence, there are authorized to be appro- (2) in subsection (b), by striking ‘‘Wetlands marily for out-of-State customers. priated $200,000,000 to carry out section 7(c), Trust’’ and inserting ‘‘Natural Resources It all started in 1943 when a great to be allocated as follows: $30,000,000 to the Trust’’; and flood on the Missouri River crippled Fort Totten Indian Reservation, $70,000,000 (3) in subsection (c)— the delivery to gulf ports of supplies to the Fort Berthold Indian Reservation, (A) by striking ‘‘Wetland Trust’’ and infor American troops fighting World $80,000,000 to the Standing Rock Indian Res- serting ‘‘Natural Resources Trust’’; War II. The Army Corps of Engineers ervation, and $20,000,000 to the Turtle Moun- (B) by striking ‘‘are met’’ and inserting ‘‘is and Bureau of Reclamation responded tain Indian Reservation. Also, in addition to met’’; with the Pick-Sloan Missouri Basin the amount authorized under the first sen- (C) in paragraph (1), by inserting ‘‘, grass- tence of this subsection, there are authorized land conservation and riparian areas’’ after Program to bring massive flood control to be appropriated $200,000,000 to carry out ‘‘habitat’’; and with dams in the States of the Upper section 8(a).’’. (D) in paragraph (2), by adding at the end Missouri Basin. The dams were built (3) in subsection (c)— the following: under the authority of the 1944 Flood (A) by striking the second sentence and in- ‘‘(C) The power to fund incentives for con- Control Act. serting the following: ‘‘In addition to the servation practices by landowners.’’. When the Garrison Dam and Res- amount authorized under the preceding sen- SEC. 11. BANK STABILIZATION. ervoir were completed in 1955, North tence, there are authorized to be appro- The Secretary of the Interior shall cause Dakota lost 550,000 acres of rich farm- priated $6,500,000 to carry out recreational to be performed a review of the options for lands in the Missouri River Valley. The projects and, subject to section 11(a)(2), stabilization of the banks of the Missouri cumulative value of farming losses $25,000,000 to carry out section 11. Of the River downstream of the Garrison Dam in funds authorized for recreational projects, up the State of North Dakota. over several decades amounts to hundreds of millions of dollars. In addi- to $1,500,000 may be used to fund a wetland Mr. DORGAN. Mr. President, I rise tion, the State lost access to valuable interpretive center in the State of North Da- today to introduce the Dakota Water kota.’’; coal and oil reserves. But the losses Resources Act of 1997. I introduce this (B) in the last sentence, by striking the pe- didn’t stop here: valuable wildlife habi- bill jointly with my colleague, Senator riod at the end and inserting ‘‘(including the tat, especially along game-rich river KENT CONRAD, while our colleague in mitigation and enhancement features).’’; and bottoms, also were lost. (C) by adding at the end the following: the U.S. House of Representatives, In return, North Dakota expected to ‘‘Expenditures for operation and mainte- Representative EARL POMEROY, will in- nance of features substantially completed receive both a network of irrigation troduce an identical companion bill. systems across the State to develop and features constructed before the date of This bill is the most important piece more than 1 million acres and access to enactment of the Dakota Water Resources of legislation I will introduce for my Act of 1997, including funds expended for reliable supplies of municipal, rural, State. I say this because the key to such purposes since the date of enactment of and industrial water. The 1965 Reau- North Dakota’s future is economic de- Public Law 99–294, shall not be subject to the thorization Act set the stage for the velopment based on water resource authorization limits in this section. When development of the Garrison diversion management and development. And the the features authorized by section 8(a) are project. The project consisted of a net- operational, a separate account in the Natu- key to water development in my State work of canals throughout North Da- ral Resources Trust authorized in section 11 is the Dakota Water Resources Act. kota to irrigate more than 250,000 shall be established for operation and main- Over 100 years ago, John Wesley Pow- acres. That plan eventually encoun- tenance of the mitigation and enhancement ell of the U.S. Geological Survey told tered some stiff opposition and had to lands associated with the unit.’’; the North Dakota Constitutional Con- (4) in subsection (e), by striking ‘‘portion be modified. of the $61,000,000 authorized for Indian mu- vention that the State would have: In 1986, I wrote the Garrison Diver- nicipal, rural, and industrial water features’’ . . . a series of years when they will have sion Reformulation Act to implement and inserting ‘‘amounts under subsection abundant crops; then for two or three years they will have less rainfall and there will be the Federal commitment to North Da- (b)’’; and kota in a way that addressed concerns (5) by adding at the end the following: failure of crops and disaster will come on thousands of people, who will become dis- raised about the project. That act pro- ‘‘(f) FOUR BEARS BRIDGE.—There is author- vided substantial benefits to North Da- ized to be appropriated, for demolition of the couraged and leave. That is the history of existing structure and construction of the those who live on the border between humid kota, primarily in the form of water Four Bears Bridge across Lake Sakakawea and arid lands. systems for nearly 200,000 North Dako- within the Fort Berthold Indian Reservation, Well, I want to let my colleagues tans in almost 100 communities. Three $40,000,000.’’. know that what was true in 1889 is still Indian reservations, with some of the November 10, 1997 CONGRESSIONAL RECORD — SENATE S12471 worst water in the State, have started $25 million for a natural resources sources trust to maintain sensitive to realize the Reformulation Act’s trust to preserve, enhance, restore, and mitigation tracts. Perhaps more nota- promise of safe drinking water as they manage wetlands and associated wild- bly, the bill includes for the first time have completed the first phase of their life habitat, grasslands, and riparian as one of the defined project purposes own MR&I programs. areas; ‘‘enhancement of fish and wildlife habi- Experts from North Dakota State $5 million for recreation projects; tat and other natural resources.’’ University have conducted valuable re- $1.5 million for a Wetlands Interpre- Let me share with colleagues a letter search at the Oakes test area, also au- tive Center in North Dakota; and statement from the professional thorized by the 1986 act, on alternative Debt forgiveness for expenses associ- wildlife managers and biologists, the crops such as beans, onions, and car- ated with features of the Garrison North Dakota Chapter of the Wildlife rots, which were not traditionally project previously constructed with Society, which explains their support grown in our State. This research pro- Federal funds, but which now will go for the new legislation. The Society vided the basis for farming diversifica- unused, or only partially used; said, in part, that: tion that will benefit our economic fu- Authorization for the state to de- We strongly believe the cooperative effort ture. With such research in hand, the velop water conservation programs with the Congressional Delegation and North State will be able to carry out agricul- using MR&I funding; Dakota’s state political leaders has strength- tural development in five areas author- Authorization for a study of bank ened the bill. Throughout this effort we have ized by the new bill. stabilization along the Missouri River sought to develop legislation that benefits In addition, the 1986 act provided for below Garrison Dam; North Dakotans through water development the purchase of 23,000 acres of wet- Designation of the current Lonetree and minimizes potential impacts to our lands, grasslands, and woodlands for Reservoir as a wildlife conservation state’s natural resources. wildlife mitigation and enhancement area; I want to commend the North Dakota and authorized development of the A provision requiring the Federal Chapter of the Wildlife Society for its 5,000-acre Kraft Slough National Wild- Government to pay for operation and strong and explicit support for this leg- life Refuge. maintenance on mitigation lands; islation. Its members, especially Mike RETHINKING THE PROMISE OF WATER A provision that ‘‘upon transfer of Olson, Dick Kroger, and Bill Bicknell, DEVELOPMENT the Oakes Test Area to the State of have played a key role in developing Despite the Garrison act’s benefits, North Dakota, but not later than 1 this bill. much of its promise remains unreal- year after enactment of this Act, fed- Third test: This bill meets a third ized. We still have not completed a eral funds authorized by this Act may test by providing much more for eco- means of meeting the water needs of not be used to subsidize the irrigation nomic development than natural re- North Dakota’s most populous area, of any crops at the Oakes Test Area’’; source enhancement alone. Water is the Red River Valley with key cities at A provision giving Indian tribes flexi- necessary for all life, but in the semi- Wahpeton, Fargo, Grand Forks, and bility in determining irrigation sites arid Plains States, such as North Da- Grafton, ND. That act also included au- within the reservations; kota, it is often difficult to find a reli- thorizations for agricultural projects A provision that the bill will not re- able supply of water to meet the needs that were deemed to be too costly or sult in any rate increases for power of growing population centers and agri- too environmentally disruptive to pur- generated by dams on the Missouri culture. Moreover, even where water is sue. River; and available, it often is undrinkable. So the bipartisan leadership of the Authorization for the following irrigation I remember seeing a constituent from State, including the Governor, the ma- areas: Turtle Mountain—13,700 acres, the Dickinson area hold a glass of what jority and minority leadership of the McClusky Canal—10,000 acres, Missouri River appeared to be tobacco juice only to be State legislature, and the congres- Basin—28,000 acres, Stand Rock Sioux Res- ervation—2,380 acres, Fort Berthold Reserva- informed that it was tap water. Several sional delegation embarked on an ef- communities in southwestern North fort to complete the project in a way tion—15,200 acres, and New Rockford Canal— 1,200 acres, provided user fees pay for the Dakota, where I grew up, cannot even that could meet the tough tests of fis- cost of irrigation at this site. comply with Environmental Protection cal responsibility, environmental pro- Agency [EPA] standards implementing tection, economic opportunity, project THE DAKOTA WATER RESOURCES ACT MEETS THE TEST the Safe Drinking Water Act. Western completion, and statewide support. Let me return to my prior thought North Dakota communities clustered I want to commend publicly the ef- and show how the Dakota Water Re- around Minot and Dickinson will gain forts of my two congressional col- sources Act of 1997 meets the tests I the benefits of reliable drinking water leagues, Senator KENT CONRAD and noted before. supplies from the northwest area water Congressman EARL POMEROY, as well as First, it is fiscally responsible be- supply and the southwest pipeline, Gov. Ed Schafer, and the bipartisan cause it cuts nearly $200 million for ir- which are authorized in this bill. leadership of the North Dakota Legis- The Dakota Water Resources Act of lature—State Senators Gary Nelson rigation projects and requires cost 1997 will assure an adequate and de- and Tim Mathern, and State Rep- sharing by the State for the MR&I pendable water supply for at least one resentatives John Dorso and Merle projects authorized by the bill. Fur- out of three North Dakotans in urban, Boucher—for their creative and tireless ther, it stretches Federal resources by rural, and native American commu- efforts to build a statewide consensus allowing the State to make loans, rath- nities. It will also promote industrial for a bill that meets those tests. er than grants, under the MR&I program so that money can be recycled uses in North Dakota for manufactur- f through a revolving fund and thereby ing and agricultural processing and DAKOTA WATER RESOURCES ACT benefit even more communities across target water delivery to five project OF 1997 the State. The MR&I programs for the areas for agricultural development. Fi- Before turning to those tests, let me State and tribes alike focus only on the nally, the bill will enhance recreation summarize the key components of the highest priority water needs, which through projects such as a Wetlands In- bill and their benefits to North Dakota. have been validated by the State Water terpretive Center. The bill provides: Commission and the Bureau of Rec- The fourth test this bill meets is $300 million for municipal, rural and lamation. project completion. A major provision industrial [MR&I] water systems in Second, the act provides substantial of the bill is to allow the State to North Dakota; environmental benefits. It includes in- choose, in consultation with the Sec- $200 million to meet the comprehen- centives for water conservation and the retary of the Interior, how to meet the sive water needs of the Red River Val- creation of a natural resources trust. water needs of the Red River Valley— ley; The bill provides additional incentives North Dakota’s fastest growing region. $200 million for MR&I projects for for the State to establish and meet The legislation will permit the State to four Indian reservations; 1$40 million specified conservation goals. Also, it either complete an existing water sup- for construction of Four Bears Bridge allows for the creation of a separate ac- ply system or choose alternative meth- across Lake Sakakawea; count in an expanded national re- ods to meet the comprehensive water S12472 CONGRESSIONAL RECORD — SENATE November 10, 1997 quality and quantity needs of Fargo, the statewide economy, including Far- support of this legislation say that Grand Forks, Wahpeton, Grafton and go’s. their economic well-being and quality other Red River Valley communities in The city of Fargo has just completed of life depend on passing the Dakota both North Dakota and Minnesota. construction of a state-of-the-art water Water Resources Act of 1997. Perhaps I North Dakotans have waited 50 years treatment facility to address commu- can illustrate this feeling with a pic- to have this promise kept and this bill nity needs into the 21st century. But ture and a quote. keeps the promise while meeting tough even the best treatment facilities need It’s as familiar as a picture of a kid environmental standards, the require- an adequate and dependable supply of taking a drink of clear, clean water ments of the Boundary Waters Treaty water to meet the current and future from a hose in summer time. with Canada and the test of fiscal re- needs of a growing community. Not It’s as profound as Lord Byron speak- sponsibility. surprisingly, Mayor Bruce Furness of ing through ‘‘Don Juan’’: ‘‘Till taught Finally, our bill represents a rare Fargo writes that this bill ‘‘. . . will by pain, men really know not what consensus among all the major partici- greatly enhance Fargo’s and eastern good water’s worth.’’ I can tell my col- pants in State water development and North Dakota’s potential as a growth leagues that in North Dakota we know conservation. To insure the most bal- area—for population, economic, and ag- both the pain and the worth of good anced and representative bill, the ricultural purposes . . . .’’ water. North Dakota congressional delega- For her part, Mayor Pat Owens of This consciousness is what has tion, the Governor, and State legisla- Grand Forks said: ‘‘I strongly support brought such a wide array of North Da- tive leaders worked cooperatively with the approach taken of implementing a kota groups together behind the bill. the many State interest groups to comprehensive package that will bene- Nearly everyone determined that solv- reach consensus on what are often con- fit the State of North Dakota.’’ Many ing this water problem was so impor- tentious issues. Evidence of our success of you will remember Mayor Owens as tant that we must rally behind a com- in building that consensus on this bill the steady hand that guided her city mon approach. The supporters include is provided in the many letters from through tumultuous events of last Republicans and Democrats, and inde- community leaders, cities, native spring’s historic flood and the ensuing pendents as well. The backers also American tribes, water users, rural relief and recovery. She indicated that number conservationists and water electric cooperatives, water resource it was essential that Grand Forks have users, rural and urban communities, districts, the North Dakota Education a reliable drinking supply for its citi- and tribal and State leaders who have Association, Chamber of Commerce, in- zens for the future. joined together in the most impressive dustrial development commission, and The four native American tribes sent display of unity that I have seen this the North Dakota Chapter of the Wild- letters supporting the proposed legisla- decade in North Dakota. Let me again life Society, as noted before. tion. Chairman Charles Murphy of the say how much. I appreciate the efforts I ask that copies of all of these let- Standing Rock Sioux Tribe especially of my North Dakota colleagues in the ters be entered into the RECORD at the appreciated the Indian irrigation in- congressional delegation and in State end of my statement and that of my cluded in the bill. The three affiliated government, as well as all of our staffs, colleague, Senator CONRAD. However, I tribes of the Mandan, Hidatsa, and for their invaluable contributions in would like to give my colleagues a fla- Arikara Nation at Fort Berthold, in a achieving this unity. vor of the support that this bill enjoys letter from Chairman Russell Mason, So I urge my colleagues to consider in my State. welcomed ongoing funding for MR&I favorably the Dakota Water Resources SUPPORT ACROSS NORTH DAKOTA water needs of the tribes. They are Act of 1997 as the consensus fulfillment In western North Dakota, Dickinson joined in support for the bill by the of the Federal commitment to North Mayor Fred Gengler says that nothing chairs of the Spirit Lake Nation and Dakota and the acknowledged program has improved the quality of life for Turtle Mountain Band of Chippewa In- for water development in our State. citizens in western North Dakota more dians, Myra Pearson, and Raphael Mr. President, I ask unanimous con- than a reliable supply of water made DeCoteau, respectively. sent that letters of support be printed possible through water delivery funded It’s rare for both water users and in the RECORD. by grants through the State of North conservation groups to agree to sup- There being no objection, the letters Dakota. On behalf of the city of Minot, port the same project. These groups are were ordered to be printed in the Mayor Orlin Backes says: ‘‘The pro- usually at loggerheads over policy. RECORD, as follows: posal you have jointly and coopera- This legislation is a dramatic excep- NORTH DAKOTA CHAPTER, tively developed will finish a project tion. THE WILDLIFE SOCIETY, that has languished far too long.’’ The water users embraced the bill as Bismark, ND, November 7, 1997. Williston’s mayor, Ward Koeser, wrote a sound compromise between water de- [Memorandum] that ‘‘Your efforts to address the water velopment and environmental protec- To: The Garrison Negotiating Team. needs of the entire state, and in turn tion. Mike Dwyer and Jack Olin, lead- From: The North Dakota Chapter of The that of the Williston trade area, make ers of the North Dakota Water Users Wildlife Society. it very easy to send this letter of sup- Association, stated that ‘‘We fully sup- Subject: Statement Concerning The Pro- port the amendments that have been posed Garrison Legislation. port for your efforts.’’ On November 6, 1997, the North Dakota Growing communities in eastern developed to enable the 1986 Reformu- Chapter of The Wildlife Society convened a North Dakota, such as two of North lation Act to be modified and imple- special session of the Executive Board to dis- Dakota’s largest cities, Fargo and mented.’’ The Garrison Diversion Con- cuss the proposed Garrison legislation and Grand Forks, need an assured supply of servancy District, the historic manager the Chapter’s position on current legislative water to plan for their future growth. of North Dakota’s major water project, amendments. As a result of this meeting, the It may shock some of my colleagues to indicated its support in a letter from Chapter issued the attached statement of know that the Red River of the North, its manager, Warren Jamison. The support. Sincerely, the source of catastrophic flooding last chairman of the State Water Coalition WILLIAM B. BICKNELL, spring, is the major source of drinking and executive director of North Dako- NDCTWS—Executive Board. and industrial water for nearly one- ta’s Rural Electric Cooperatives, Den- Attachment. fourth of the State’s population and nis Hill, pledged support to finish our that it has actually stopped flowing State’s major water supply project. STATEMENT CONCERNING THE NOVEMBER 7TH, several times in the past 100 years. Meanwhile, the North Dakota Chapter 1997 PROPOSED AMENDMENT TO GARRISON For the past 20 years, Fargo has been of the Wildlife Society convened a spe- DIVERSION REFORMULATION ACT OF 1986 an engine of growth in North Dakota cial session of their executive board, The North Dakota Chapter of The Wildlife and its population has grown by nearly which issued the statement supporting Society supports the proposed amendments to Garrison Diversion Reformulation Act as 2 percent per year. If this rate of the legislation noted before. described in the November 7, 1997 Discussion growth is sustained, its population ‘‘WHAT GOOD WATER’S WORTH’’ Draft. We strongly believe the cooperative would double in 36 years. This popu- Many of the participants in the dis- effort with the Congressional Delegation and lation growth is essential to building cussions leading to the consensus in North Dakota’s state political leaders has November 10, 1997 CONGRESSIONAL RECORD — SENATE S12473 strengthened the bill. Throughout this effort the water needs of the Tribe and its members above purposes, barely begin to repair the we have sought to develop legislation that are met. In crafting this legislation, we espe- economic and social losses to the members of benefits North Dakotans through water de- cially applaud your efforts to bring everyone the Three Affiliated Tribes caused by the development and minimizes potential impacts to the table to discuss their views concern- struction of their homelands along the Mis- to our state’s natural resources. ing this proposed bill. souri River, and are unlikely to be used to Modification of the 1986 Reformulation Act We also want to thank you for the efforts purchase additional lands in compensation will benefit substantially more North Dako- you and your staff have made to address the for loss of wetlands and other wildlife habi- tans by emphasizing municipal, rural, and concerns mentioned below. We recognize tat. industrial water needs of the State. The No- that significant changes have been made to Finally, we would hope that in Committee vember 6, 1997 additions also place an equal the Final Amendments to the Garrison Di- Report language or in the bill itself, lan- emphasis on recognition of the enhancement version Reformulation Act of 1986 that you guage is included that will point out that the of fish and wildlife habitat and other natural will soon introduce, and we thank you for benefits being provided in this bill help im- resources as a full project feature. We are those changes, including the change that al- plement the goals set forth in the Garrison pleased to see the designation of Lonetree as lows some flexibility with regard to irriga- Unit Joint Tribal Advisory Committee Re- a wildlife conservation area. This change is tion projects. port, dated May 23, 1986. The language should consistent with the recognition of natural We do, however, have several remaining be similar to that already in the bill in the resource conservation as a project feature concerns about the bill as proposed. We know purposes regarding the Garrison Diversion that benefits North Dakota and the State’s that there is insufficient time to address Unit Commission Final Report, dated De- economy. these concerns before the bill is introduced, cember 24, 1984. Such language simply recog- We are also encouraged by the addition of but we are hopeful that with further discus- nizes what the bill actually does and we be- funds and the increased opportunities for sion, these concerns can be addressed either lieve will assist in gaining political support natural resource conservation in North Da- in language within the bill or in final Com- for the bill both in Congress and otherwise. kota presented by the evolution of the Wet- mittee Report language as the bill is being We do recognize that the JTAC Final Report lands Trust into the new Natural Resources considered by Congress. is implicitly recognized by the mention of Trust. We believe the establishment of an ac- First, we would prefer that language be in- the Garrison Diversion Unit Commission count within the Natural Resources Trust to cluded in the bill, or in a Committee Report, Final Report in the bill. operate and maintain wildlife development that would assure us that the reserved water As you know, we have provided suggested areas will benefit wildlife resources in the rights of the Three Affiliated Tribes to water language to you and your staff regarding state. This will ensure the stated commit- from the Missouri River and its tributaries these concerns. As always, we look forward ments of the project are met in the future. that flow through the Fort Berthold Res- to working with you about moving the bill The findings of the Environmental Impact ervation, expressed by the U.S. Supreme forward and addressing our concerns as sum- Statement written by the Bureau of Rec- Court in the Winters case early in this cen- marized above. lamation will provide a framework for a tury, are preserved in this legislation. This Sincerely yours, project which minimizes impact to North statement should be similar to the purpose RUSSELL D. MASON, Sr., Dakota’s natural resources and provides for expressed in the legislation to ‘‘preserve any Chairman, Three Affiliated Tribes. opportunities to meet the comprehensive existing rights of the State of North Dakota water needs of eastern North Dakota. We to use water from the Missouri River.’’ We SPIRIT LAKE TRIBE, will gladly be a full participant in this proc- understand that consideration is being given Fort Totten, ND, November 7, 1997. ess to help ensure that the water needs of to include such language in any Committee BYRON DORGAN, Fargo, Grand Forks. and neighboring com- Report on the bill. Cannon House Office Building, munities are met in an environmentally Second, we would ask that language be in- Washington, DC. sound cost effective manner. cluded in the bill which allows the Tribe the DEAR MR. DORGAN: The Spirit Lake Tribal Our involvement in this legislation has not opportunity to seek Federal funds for addi- Council has reviewed, and approves of the in- ended. We look forward to working with all tional irrigation sites, other than those au- troduction of proposed Amendments to Gar- parties involved to develop the correspond- thorized. While we do not now have addi- rison Diversion Reformation Act of 1986. ing report language to capture all points of tional sites in mind, additional studies and If you should need further assistance, agreement. Full involvement by all inter- advances in irrigation techniques over time please call my office at (701) 766–1226. ested parties has produced a final bill that may well yield further areas which are suit- Sincerely, North Dakotans can embrace. We welcome able for irrigation. MYRA PEARSON, At the same time, we would like to see ad- the opportunity to cooperatively work on Chairperson. ditional authorization for funds for our irri- this and other issues effecting North Dako- gation projects. As your staff has indicated ta’s natural resource heritage. FARGO CHAMBER OF COMMERCE, to us, present law seems to provide that all Fargo, ND, November 7, 1997. of the present Indian irrigation funds are Senators KENT CONRAD and BYRON DORGAN, MANDAN, HIDATSA, & ARIKARA NA- earmarked for the Standing Rock Sioux Congressman EARL POMEROY, TION—THREE AFFILIATED TRIBES, Tribe. We do not in any way wish to take Governor ED SCHAFER. FORT BERTHOLD INDIAN RESERVA- away such funds from the Standing Rock GENTLEMEN: This is written to provide you TION, Sioux Tribe, but we believe our irrigation with information regarding our Chamber’s New Town, ND, November 7, 1997. funding needs for the approximately 15,000 legislative agenda, which includes the impor- Re Final proposed amendments to the 1986 acres authorized under the present legisla- tant issue of water development. Garrison Reformulation Act, dated No- tion are being neglected in this process. We In recognition of the unique and varied vember 7, 1997. understand that other opportunities may be water issues we face throughout North Da- Hon. BYRON DORGAN, present at in future legislation for additional kota, the Fargo Chamber of Commerce be- U.S. Senate, authorization of and appropriation of Fed- came a member of the North Dakota Water Washington, DC. eral funds for these projects. Coalition. We support the Coalition’s water DEAR SENATOR DORGAN: On behalf of the Third, we would prefer that language be in- development plan, which includes increasing Three Affiliated Tribes, I want to thank you cluded, again either in a Committee Report the availability of quality water resources to for the opportunity to present our views re- or in the legislation, which would include support continued population and industrial garding the drafts of proposed legislation the Tribe as a participant in the Natural Re- growth across the state. amending the Garrison Reformulation Act of sources Trust, as it has been renamed in Sec- One of two primary goals of the North Da- 1986 to you and your staff over the past two tion 11 of the bill. The Three Affiliated kota Water Coalition is to provide an ade- weeks. We are especially appreciative that Tribes and the Standing Rock Sioux Tribe quate water supply across North Dakota the municipal, rural and industrial water lost significant wetlands and other wildlife through a workable and achievable Garrison needs of the Tribes are being provided for habitat with the construction of the Garri- Diversion Project. We believe that a com- through the new funding authorization con- son and Oahe dams, and should have just as pleted water infrastructure in our state will tained in the legislation, and that funds are much an opportunity for mitigation of those benefit all North Dakotans. Thus, we endorse included in the legislation for a new Four lost acres with funds from the Natural Re- the proposal to amend the 1986 Reformula- Bears bridge that will serve not only our sources Trust as does the rest of North Da- tion Act to compete Garrison Diversion. communities but also all of northwest North kota. An adequate, reliable water supply is es- Dakota. While we realize that the Equitable Com- sential to sustaining communities and sup- It is our understanding that you plan to in- pensation Fund created for the Standing porting economic development activities troduce the bill in the few remaining days of Rock Sioux Tribe and Three Affiliated throughout our state. Thank you for your ef- this session of Congress, in the form as sub- Tribes may also be used for the same pur- forts on behalf of water development in mitted to us today, November 7, 1997, and we poses as those of the Natural Resources North Dakota, including completion of the strongly support your effort to do so. The Trust, the main thrust of those funds are for Garrison Diversion Project. bill, while it does not address all of our con- education, economic development and social Sincerely, cerns, as further explained below, is a great welfare, as stated in the Equitable Com- DAVID K. MARTIN, step forward in the process of ensuring that pensation Act. These funds, used for the Public Affairs Manager. S12474 CONGRESSIONAL RECORD — SENATE November 10, 1997

CITY OF WILLISTON, NORTH DAKOTA, formulation Act and complete the Garrison Reformulation Act and complete the Garri- WIlliston, ND, November 7, 1997. Diversion water facilities. son Diversion water facilities. Governor SCHAFER, Sincerely, The proposal you have jointly and State Capitol, FRED S. GENGLER, cooperatvely developed will finish a project Bismarck, ND. Mayor, City of Dickinson. that has languished far too long and is criti- Senator KENT CONRAD, cal to the future well-being of our state. Hart Office Building, SOURIS RIVER JOINT WATER RE- You efforts to achieve consensus are great- Washington, DC. SOURCE BOARD: RENVILLE COUNTY ly appreciated. Feel free to call on us to pro- Senator BYRON DORGAN, WATER RESOURCE DISTRICT; WARD vide necessary support and assistance. Hart Office Building, COUNTY WATER RESOURCE DIS- Sincerely, Washington, DC. TRICT; MCHENRY COUNTY WATER ARDEN HANER, Representative EARL POMEROY, RESOURCE DISTRICT; BOTTINEAU Chairman. Longworth Office Building, COUNTY WATER RESOURCE DIS- ARRISON IVERSION Washington, DC. TRICT, G D Senator GARY NELSON, November 7, 1997. CONSERVANCY DISTRICT, Carrington, ND, November 7, 1997. Casselton, ND. [Memorandum] Senator TIM MATHERN, Hon. KENT CONRAD, Fargo, ND. To: Governor Edward Schafer, Senator Kent U.S. Senator, Conrad, Senator Byron Dorgan, Rep. Earl Representative MERLE BOUCHER, Hart Office Building, Rolette, ND. Pomeroy, Senator Gary Nelson, Senator Washington, DC. Tim Mathern, Representative John Representative JOHN DORSO, Hon. EARL POMEROY, Fargo, ND Dorso, and Representative Merle Bou- U.S. Congressman, cher. Longworth Office Building, DEAR GENTLEMEN: It is with great pleasure From: Glenn Wunderlich, Chairman. Washington, DC. that I communicate my support for your ef- On behalf of the Souris River Joint Board, Hon. BYRON DORGAN, forts in developing our water resources we want you to know that we support the in- U.S. Senator, through the ‘‘Dakota Water Resources Act of troduction of the Garrison Diversion Amend- Hart Office Building, 1997’’. ments as the ‘‘Dakota Water Resources Act Washington, DC. Historically, water has been a central part of 1997.’’ Hon. EDWARD T. SCHAFER, of the economy of the Williston trade region. The jointly and cooperatively developed Governor of North Dakota, We recognize water as North Dakotas great- proposal will meet the water needs of North Bismarck, ND. est natural resource and the Missouri River Dakota and provide affordable, high quality SENATOR CONRAD, DORGAN, CONGRESSMAN as the greatest source of water in the state. water to a large portion of the state. The POMEROY, GOVERNOR SCHAFER: I have re- Your efforts to develop this natural resource economic well-being and quality of life in viewed the Garrison Diversion Amendments should be commended. North Dakota depends on this proposal. and support their introduction as the ‘‘Da- We truly appreciate your efforts to achieve kota Water Resources Act of 1997.’’ I believe, The ‘‘Dakota Water Resources Act of 1997’’ consensus on this legislation. We stand ready if enacted, this legislation will go far toward is a bold move to utilize Missouri River to provide support and assistance as needed. relieving the federal government from the water throughout the entire state and its onerous ‘‘trail of broken federal promises.’’ passage would be a great step towards the While the promise of economic opportunity goal of developing a strong and balanced THE WEST RIVER through federal irrigation has been deci- economy in North Dakota. JOINT WATER RESOURCE BOARD, Bismarck, ND, November 7, 1997. mated, this legislation will bring affordable, Your efforts to address the water needs of [Memorandum] high quality water to a large portion of the entire state, and in turn that of the North Dakota. Indian and non-Indians will Williston trade area, make it very easy to To: Governor Edward Schafer, Senator Kent benefit from the water supplies provided by send this letter of support for your efforts. Conrad, Senator Byron Dorgan, Rep. Earl this legislation. In many cases, these amend- Pomeroy, Senator Gary Nelson, Senator Thanks for your initiative and support to ments will restore spirits nearly broken by Tim Mathern, Representative John the drudgery of hauling poor quality water amend the 1986 Garrison Reformulation Act Dorso, and Representative Merle Bou- to address the major water concerns of the for many miles through severe weather con- cher. ditions. Affordable access to a portion of state of North Dakota. From: Alfred Underdahl, Chairman. Sincerely, North Dakota’s rights to Missouri River The West River Joint Board would like to water will be possible, and the 120 miles of E. WARD KOESER, express its full support for the proposal to Mayor. canals and pumping stations that remain a amend the 1986 Reformulation Act and com- scar on the belly of the prairie will finally be plete the Garrison Diversion water facilities. put to limited use. CITY OF DICKINSON, The proposal you have jointly and coopera- The Amendments provide assurances that Dickinson, ND, November 7, 1997. tively developed is critical to the future of the Boundary Waters Treaty, with our Cana- Governor EDWARD SCHAFER, the state of North Dakota and will help us dian friends, will not be violated. Environ- State Capitol, meet our many statewide water needs. mental benefits for fish and wildlife re- Bismarck, ND. We want you to know that we greatly ap- sources are also included. The project is al- Senator KENT CONRAD, preciate your efforts to achieve consensus. ready referred to as a model for wildlife Hart Office Building, nutigation and enhancement. This legisla- Washington, DC. NORTH DAKOTA WATER RESOURCE tion will further that reputation. Finally, Senator BYRON DORGAN, DISTRICTS ASSOCIATION, thus legislation reduces the overall cost of Hart Office Building, Bismarck, ND, November 7, 1997. the authorized project features while provid- Washington, DC. Governor EDWARD SCHAFER, ing for returning on the existing investment. Representative EARL POMEROY, State Capitol, I will submit this legislation to the Garri- Longworth Office Building, Bismarck, ND. son Diversion Conservancy District’s full Washington, DC. Senator KENT CONRAD, board at their next meeting, with a strong Senator GARY NELSON, Hart Office Building, recommendation that they adopt a resolu- Casselton, ND. Washington, DC. tion in support of its passage. Senator TIM MATHERN, Senator BYRON DORGAN, Sincerely, Fargo, ND. Hart Office Building, WARREN L. JAMISON, Representative JOHN DORSO, Washington, DC. Manager. Fargo, ND. Representative EARL POMEROY, Representative MERLE BOUCHER, Longworth Office Building, GREATER NORTH DAKOTA ASSOCIATION, Rolette, ND. Washington, DC. Bismarck, ND, November 7, 1997. DEAR GENTLEMEN: Nothing has improved Senator GARY NELSON, Governor EDWARD SCHAFER. the quality of life for citizens of Dickinson Casselton, ND. Senator KENT CONRAD. and southwest North Dakota more than the Senator TIM MATHERN, Senator BYRON DORGAN. Southwest Pipeline Project. Fargo, ND. Representative EARL POMEROY. Representative JOHN DORSO, Senator GARY NELSON. This project would not be possible without Fargo, ND. Senator TIM MATHERN. Garrison Diversion, Rural and Industrial Representative MIKE BOUCHER, Representative JOHN DORSO. funding and grants through the State of Rolette, ND. Representative MERLE BOUCHER. North Dakota Resources Trust Fund. DEAR GENTLEMEN: The North Dakota DEAR GENTLEMAN: We were informed that On behalf of the citizens of Dickinson, we Water Resource Districts Association strong- an agreement has been reached regarding the support the proposal to amend the 1986 Re- ly supports the proposal to amend the 1986 Garrison Diversion Project. On behalf of the November 10, 1997 CONGRESSIONAL RECORD — SENATE S12475 Greater North Dakota Association, we sup- problem, there’s an ATM machine and if nothing is done between now and the port the proposal to amend the 1986 Refor- you have your ATM card with you. You year 2000. Some of the circumstances mulation Act and complete the Garrison Di- put the ATM card in, push the buttons that I have just described inevitably version water facilities. We understand this and wait for the money. Nothing hap- will happen no matter how much we amendment will be introduced as the ‘‘Da- kota Water Resources Act of 1997.’’ pens, because the ATM machine is not work to try to get the problem solved Water—quality and quantity—is the most geared to click over into the year 2000, between now and the year 2000. Our limiting and valuable resource throughout and it won’t give you any cash; it is challenge, as a society, is to see that as the state. We believe that passage of the pro- frozen. few of those problems that I have de- posal you have jointly and cooperatively de- Somehow, Mr. President, with the scribed happen. It is impossible to veloped will assist North Dakota in develop- help of maybe some of your friends, guarantee that none of them will hap- ing its water resources so that water can you get yourself to your hotel. The ele- pen. The one that you can be abso- best facilitate the growth of the state’s four vators won’t work in the hotel because lutely sure of, Mr. President, is that, if part economy and best serve the needs of our at midnight of the year 2000, the chip citizens, business, agriculture, industry and you’re wearing the wrong brand, your tourism. in the elevator said this elevator has watch will fry on that date. The members of GNDA express their appre- not been inspected for 99 years, and it How big a problem is the year 2000 ciation for your enlightened leadership to goes immediately to the bottom and problem? We have held hearings in my achieve consensus on the Garrison Diversion stays there until an inspector shows subcommittee and asked this question, Project! We pledge our support in working up. So you are forced to stagger up the and we have come up with two num- cooperatively toward completing the Garri- stairs to find your room. We hope you bers, both of them large. son Diversion project for the benefit of all are using a key and not some other The first is the number that it will North Dakotans. high technology to get into the room cost to fix the problem. The estimate Sincerely, so that you can get a good night’s that we have before our committee and DALE O. ANDERSON, President. sleep. in our subcommittee record is roughly The next morning, you get up, go $600 billion—$600 billion. That is a lit- By Mr. BENNETT: down and find the lobby filled with tle less than 10 percent of our gross do- S. 1518. A bill to require publicly angry guests. None of them can check mestic product, which is currently run- traded corporations to make specific out because the hotel’s computers that ning at $7 trillion. So 10 percent of that disclosures in their initial offering handle the checkout procedure are all would be $700 billion. If we are $100 bil- statements and quarterly reports re- frozen with the year 2000 problem. You lion off, it is going to cost 10 percent of garding the ability of their computer stand there getting more and more our gross domestic product to fix the systems to operate after January 1, angry until finally with manual check- problem—a very large number, a very 2000; to the Committee on Banking, out procedures, you get out of the large percentage. Housing, and Urban Affairs. hotel and say, ‘‘Can I get a car to the The other number is even bigger. We have asked the question: How big is the THE COMPUTER REMEDIATION AND SHARE airport?’’ HOLDER (CRASH) PROTECTION ACT OF 1997 ‘‘Unfortunately, Senator,’’ says the potential liability that can come from Mr. BENNETT. Mr. President, there manager of the hotel, ‘‘our cars won’t lawsuits that people file in the year is a great adventure coming up. Every- start. They have computer chips in 2000? The answer we have is $1 trillion. So we are looking at a problem in the one is looking forward to it and res- them that are geared to the year 2000, economy that could cost us as much as ervations are already being made. We and we can only get you to the airport 10 percent of GDP to fix, and if it is not are talking about the great New Year’s in old taxi cabs that are so old they fixed properly, it could cost us as much Eve party on December 31, 1999, the have no computers, and today they are as one-seventh of the economy in law- New Year’s Eve party of the millen- in great demand.’’ You show up at the airport finally, suits to deal with the liability. nium. Join with me in a moment of hours and hours late, sure you have I don’t know of a problem we have fantasy and speculation and consider missed your flight, only to discover faced here on the floor that has that yourself at that party. that no flights have gone because the kind of certainty connected with it and You have made your reservations. computer program that controls the that kind of urgency connected with it. You are in New York City so you can flights and the reservations is all shut We, in politics, always try to create a be part of the celebration in Times down because of the year 2000 problem disaster so that the politicians then Square. This is going to be a wonderful that has not been fixed. can pass a law to fix it and then take event in your life. It is probably just as well that the credit for having averted the disasters. You are wearing a name brand digital flights are not flying, because the air Many times the disasters we were talk- watch, one of the fancy ones that traffic control system is managed by ing about weren’t coming anyway. This records not only the time and the day, computers which have not been fixed one you can count on. It is coming; it but the year. So you have your watch for the year 2000 problem, and we would is there; it is quantifiable; it is very on, and you look at it to follow the have no safety in the skies anyway. real. time until we get to the magic mo- Whether you like it or not, Mr. Presi- A lot of folks have said to me, ‘‘No, ment. You are looking at your watch, dent, you are stuck in New York for no, no, Senator, don’t get excited, this and it says 11:59, December 31, 1999. At the foreseeable future. is a simple problem and Bill Gates will the stroke of midnight, your watch When Monday comes, the 3d of Janu- fix it for us.’’ The idea is Bill Gates, or clicks over to midnight and goes blank. ary, and the opening of the stock mar- some other smart computer jockey, What has happened? We have already ket in the new millennium. The stock will sit down, spend a weekend coming seen that. Someone has taken a watch market can’t open because all of the up with a solution, mail it out to ev- and set it ahead to that date to see stock market procedures are run by erybody, and we will put it in our com- what would happen. At the moment it computers, and inadequate precautions puters like a magic fix, press a few but- goes to the year 2000, a circuit freezes have been taken to get the stock mar- tons and the whole problem will go open, the watch display disappears, the ket ready for the year 2000 cir- away. That is not possible, because it power from the battery fries the chip cumstance and the computers have is not that kind of a problem and if you and the watch becomes useless. So at shut down everywhere. don’t believe me look at the Microsoft the moment of midnight, as you look You write a check only to discover website, under frequently asked ques- at your watch, your watch becomes that the automatic deposit that goes tions, FAQ. There will be no magic bul- useless. by computer into your checking ac- let. I know the Presiding Officer would count hasn’t worked, because the bank Here is the problem, Mr. President. not do this, but for the sake of the il- in which you have your money is not The computer code was written 20, 30, lustration, let’s say you celebrate a lit- year 2000 compliant and your check sometimes as recently as 10, 15 years tle more than maybe you should, and won’t clear. The money is not in your ago. It was important for cost reasons you decide it is appropriate that you account. to hold down the number of areas in a take a taxi back to your hotel. You Every single circumstance that I field. I am using the language the com- don’t have enough money for a taxi. No have just described could easily happen puter folks talk about, the bits and the S12476 CONGRESSIONAL RECORD — SENATE November 10, 1997 bytes, and so on. They will have a field, I asked the question, why must it be that we are talking about and create a and if they have two digits, it is a fixed by September of 1998? Back to my recession. whole lot cheaper to put the field in analogy about changing the rivets on Many people said that to Dr.. the code than if there are four, at least the Golden Gate Bridge during rush Yardeni, ‘‘You’re an alarmist saying under the old languages in the old hour. You have to test this system there is a 30 percent chance of reces- code. So, to save time, to save money, once you have replaced all of the fields sion. Study the problem more so you they put in a two-digit field instead of with two digits with fields with four understand it better.’’ He has done it a four-digit field, assuming that no one digits to make sure you got them all. and raised his prediction from 30 per- needed to know the 19 of the year, they The banking system can’t test its com- cent to 35 percent. At the time we had only needed to know the 61, 62, 71, 72, puter programs while it is running all the hearing, he prepared himself for or whatever would come later. of its checks and deposits and transfer the hearings to that he would be very Many of them assumed that these payments. So by September of 1998, much up to date on everything that programs would long since be phased when you supposedly have your system was going on. out by the year 2000, and if they gave done, you have about 50 weekends left When he came before our subcommit- any thought to the year 2000 problem to test it. The experts who have looked tee he said the chance of a worldwide at all, they were sure that their com- at it said you have to have at least 50 recession occurring as a result of the puter codes would not be in use at that in which to test it to keep changing year 2000 problem is now at 40 percent. time. the problems as they come along. The chances are going up as time runs In fact, Mr. President, many of those So I repeat, as far as the banking sys- out and people fail to react. The more codes are in use, and they are in use in tem is concerned, if people do not have time we have, the lower the chance. the largest computer systems that we their remedial program pretty well The less time we have, with a slow re- have in the country, in the mainframe done by September of 1998, they are action time, the greater the chance. systems that run most of American way behind the curve and, indeed, the Mr. President, we have learned in the hearings in my committee that this is business. witnesses who spoke to us said we are a pervasive business problem, not just Is it an easy problem to fix? Oh, yes, already in a circumstance where we are limited to the financial markets. Busi- it is very simple; very simple. All you not talking about a total fix, we are nesses rely on computer systems for have to do is find that portion of the talking about triage, the medical term nearly every aspect of their operations computer code where there is a two- that says when you bring in an acci- from operating medical equipment that digit field and change it to a four-digit dent victim or a gunshot victim, you administers chemotherapy, to calculat- field. That is not rocket science. What do what is necessary to save the vic- ing interest on loans, to launching and is not simple is finding where that field tim’s life and then you worry about tracking satellites. is in the first place. other things to restore him to health The analogy that I heard that best Failure in one computer system later on. Triage is the lifesaving activ- could not only devastate it, but we are describes it is this: Fixing a line of ity; the return to health comes later so interconnected that it could have a code is as simple as changing a rivet on on. ripple effect on other computer sys- the Golden Gate Bridge. The Golden So we are talking about triage activ- tems. So this brings us back to the fact Gate Bridge is held together by hun- ity with respect to the year 2000 being that businesses are going to have to ex- dreds of thousands, if not millions, of in place by September of 1998. We are pend huge sums of money in order to rivets. You have the responsibility of not talking about the total fix, because deal with the risks connected with finding every one and changing every the total fix will have to take place for this. Some of the companies have alone during rush hour, and if you miss months and months after we pass the ready stepped forward and disclosed one or two, the bridge will fall down. turn of the millennium. what they are going to do. That is the enormity of the problem Obviously, when we are talking num- American Airlines puts the cost at that we have here. bers this big if the problem is not prop- $100 million to solve their year 2000 It is a simple, easy fix once you find erty solved, it can have serious impli- problem. GTE plans to spend $150 mil- it, but gargantuan in its size, because cations for the economy. Dr. Ed lion. And outside of the business there are so many that must be found Yardeni testified in our last hearing. arena—my State of Utah has set aside and, in many cases, with the older soft- He is an investor analyst who has been $40 million to deal with their problems. ware, no one knows where the code is. looking at this problem, and his first The USAA group said they will spend Documentation was not an extended reaction to it when he looked at it was, as much as $75 million. science at the time they were writing ‘‘My gosh, if this thing isn’t settled, What about the companies in which that code. No one knows where it is. this could, in fact, cause a recession.’’ you own stock, Mr. President? If you You are on a search mission that can He put the chances of that happening say you do not own any, then what be tremendously frustrating. You can at 30 percent, a recession of worldwide about the companies that your pension think you have everything, then you proportions, Mr. President—30 percent. funds own stocks? How much do they gear up the system and run it, only to That is enough to get our attention. plan to spend in remediation or in con- discover there are still some rivets Why does he say there is a 30-percent tingency planning? If you check their missing that you have not changed. chance of a worldwide recession of the disclosure statements, you probably There are still some fields of code that problem isn’t fixed properly? will not find the answer, because more have not been expanded. He makes this very powerful point, and more companies are saying, ‘‘We Mr. President, we have held four going back to our last truly major re- don’t want to disclose how big a year hearings in my subcommittee on this cession which came as a result of the 2000 problem we have because we don’t issue. The first one we had the banks interruption in oil supplies in the early want to tip off your competitors, we and the financial institutions come in 1970’s. The world runs on oil. If we can- don’t want to hurt the stock price, to and testify as to the size of the prob- not get a regular and dependable sup- in effect say to our investors that lem from their point of view. It was ply of oil, we cannot run our world we’ve got this huge cost coming, while very revealing. economies. Today, the world still runs our competitors are not disclosing it.’’ They gave us this number which is on oil, but it runs on information. And And some of the regulators have said what is driving my sense of urgency. if there is an interruption in the flow to us, ‘‘If a stockholder wants to know They told us that if we do not have the of information, it will have implica- how big the problem is, he or she year 2000 problem fixed by September tions far beyond your inability to get a should call the company and ask.’’ of 1998 in the banking system, we are taxi in New York on New Year’s Day. That is totally unacceptable, Mr. too late. September of 1998, that is less If the information in the banking President. It is unfair and unrealistic than a year away. Many people say, system and in the financial markets, to expect an individual shareholder in ‘‘Oh, 2000, this is 1997, we have 3 years information in insurance and loans is any company or a depositor at any fi- to worry about it.’’ No, Mr. President, all interrupted in ways that cause nancial institution to make the inquir- we have less than 1 year to worry about things to fail, it could in fact trigger ies on his own and have any hope of it. this trillion dollars worth of liability getting a meaningful answer. November 10, 1997 CONGRESSIONAL RECORD — SENATE S12477 What we need is disclosure that is year because again may I stress, Mr. the other areas of Government where mandated by the regulators that every- President, it is not midnight, Decem- this problem is real. We have no juris- body responds to. The burden must be ber 31, 1999, tht is our deadline, it is diction over the Defense Department, upon the institution to disclose its September, 1998, in which the plans over the IRS, over the air traffic con- readiness in this circumstance. must be in place or they will not have trol system or any of the other myriad That is why, Mr. President, I am ris- the opportunity to be tested and get us of agencies that have their own year ing today to introduce the CRASH Pro- out of the circumstance. 2000 challenges. tection Act of 1997. We love acronyms Finally, Mr. President, let me stress I am currently putting together a in Government. CRASH stands for that year 2000 problems are not limited letter to the President in which I am ‘‘Computer Remediation And Share to the private-sector businesses. Stud- calling upon him to appoint, through Holder’’ protection. ies have shown that our Government is the use of his Executive power, some I hope that it will make our transi- well behind the curve in its remedi- coordinating figure within the entire tion into next millennium much ation efforts. executive branch whose sole respon- smoother than it would currently be. As one of my staffers says that his sibility between now and that great My legislation will require the Securi- grandmother, Maria Schwibinger, al- New Year’s Eve party will be to mon- ties and Exchange Commission to ways told him ‘‘sweep your own stoop itor, hector, prod, push, and otherwise amend its disclosure requirements in first.’’ Government ought to focus on produce results in every area of the ex- five specific ways. its own year 2000 problems as well as ecutive branch. First, it will require disclosure of a require that others do that. I hope that if the Government will moving peg pinpointing any publicly The GAO has given many branches of get involved in this at that kind of traded corporation’s progress with re- Government unsatisfactory ratings in level, if the regulators in the financial gard to the remediation of the five rec- their management of the year 2000 areas will respond to the kind of prod- ognized phases of the year 2000 prepara- problems. I have asked the GAO to re- ding that is coming as a result of my tion. Awareness, these five are aware- port on the progress of the financial in- bill, as shareholders react to the infor- ness, assessment, renovation, valida- stitution regulatory agencies. And mation that is made available to them tion, and implementation. So there they are doing that. if my bill passes, demand remediation will be a disclosure of how a company So far I have only one of their re- efforts on the part of the companies is doing in those five areas. ports, and it is not reassuring. They that they own, that we will be able to Second, my bill will require a sum- have completed their review of the Na- look back on my opening comment on tional Credit Union Administration mary of the costs incurred by the com- what the Presiding Officer could expect and expressed a myriad of concerns pany in connection with any remedi- on New Year’s Eve and say, instead of about its preparedness for the date ation effort. Both sums already ex- the disaster that Senator BENNETT out- change. pended and those that can reasonably lined back in November 1997, we had be expected to be expended in the fu- Last Monday, I received NCUA’s response to the GAO. And this response some minor inconveniences. ture. That is a cost that every share- Nothing could make me happier in troubled me for several reasons. holder deserves to know. No. 1, it made no effort to refute the this area than to see that my pre- Third, it will require the disclosure GAO assertion that ‘‘For some credit diction will not come true, to have Dr. of likely costs associated with the de- unions, year 2000 problems could even Yardeni, and other thoughtful people fense of lawsuits against the company result in their failures.’’ We are not examining this issue, begin to move or its directors and officers due to any talking about expense here, we are down their level of concern so that in- liabilities incurred as a result of year talking about survival. And they do stead of a 40-percent chance of a world- 2000 problems. not refute that. wide recession, they are talking about Fourth, it will require an estimate No. 2, it implicitly agreed with the a 35- or 30- or a 25- or a 20-percent and a detailed discussion of existing in- GAO’s assertion that NCUA does not chance or finally saying, well, by vir- surance coverage for the defense of have qualified staff to conduct exami- tue of the reaction that was created, lawsuits or the specific occurrence of nations in complex systems areas. the chance of a worldwide recession is any year 2000 failure, large or small, They had better get going in getting now down to practically nothing. and finally it will mandate the disclo- that qualified staff as quickly as they I would be very, very happy to be sure of all contingency plans for com- possibly can. proven wrong by the reaction that is puter system failure. And, No. 3, its response plan for com- created as a result of the legislation Mr. President, the SEC has compliance on the part of the Nation’s that we will introduce today and the mented on this issue. And I would like credit unions is all prospective in na- hearings that we have held. But I stress to read their appropriate paragraph. ture. They had no report of anything again in closing, Mr. President, this is They say: that they had done in the past. the disaster that we can see. It is like It is not, and will not, be possible for any Now, lest anybody think I am beat- the oil crisis in its size, but it can be single entity or collective enterprise to rep- ing up on the credit unions, let me prepared for and it can be mitigated resent that it has achieved complete Year make it clear that this is the only re- against if we only will muster the will 2000 compliance and thus to guarantee its remediation efforts. port I have. It is entirely possible that to recognize what we are facing and do the GAO’s review of bank, insurance, the things we have to do. I am hoping Again, Mr. President, it will not be and securities regulators, would be that my legislation and the hearings possible for anyone to do that. Back to equally as devastating. So others need held in my subcommittee will move us the statement: not take comfort in the fact that I am in that direction. The problem is simply too complex for f such a claim to have legitimacy. Efforts to talking about credit unions and not about them. Their time may very well solve Year 2000 problems are best described ADDITIONAL COSPONSORS as ‘‘risk mitigation’’. Success in the effort be coming. will have been achieved if the number and se- So, Mr. President, I submit this bill S. 497 riousness of any technical failures is mini- and ask it be appropriately referred. I At the request of Mr. COVERDELL, the mized, and they are quickly identified and close with this final comment. I am name of the Senator from Colorado repaired if they do occur. doing everything I can. Chairman [Mr. ALLARD] was added as a cosponsor Mr. President, that statement more D’AMATO, as chairman of the full com- of S. 497, a bill to amend the National than any other reflects my concern mittee, is cooperating fully and leading Labor Relations Act and the Railway that we must move forward to make the charge at the full committee level Labor Act to repeal the provisions of sure that the year 2000 problem is and doing everything he can to see to the Acts that require employees to pay taken seriously by publicly traded it that our Nation’s financial institu- union dues or fees as a condition of em- companies, their officers and their tions are prepared and ready for the ployment. legal representatives. year 2000 problem. S. 950 It will be my goal to move this bill as The Banking Committee and my sub- At the request of Mr. MCCONNELL, quickly as possible after the first of the committee have no jurisdiction over the name of the Senator from Montana S12478 CONGRESSIONAL RECORD — SENATE November 10, 1997

[Mr. BURNS] was added as a cosponsor as cosponsors of S. 1311, a bill to im- Americans successfully helped shape this of S. 950, a bill to provide for equal propose certain sanctions on foreign per- country in its formative years and guide this tection of the law and to prohibit dis- sons who transfer items contributing Nation through its most troubled times; Whereas this resolution recognizes the crimination and preferential treatment to Iran’s efforts to acquire, develop, or monumental achievements and invaluable on the basis of race, color, national ori- produce ballistic missiles. contributions made by Scottish Americans gin, or sex in Federal actions, and for S. 1321 that have led to America’s preeminence in other purposes. At the request of Mr. TORRICELLI, the the fields of science, technology, medicine, S. 952 name of the Senator from California government, politics, economics, architec- ture, literature, media, and visual and per- At the request of Mr. MCCONNELL, [Mrs. BOXER] was added as a cosponsor forming arts; the name of the Senator from Montana of S. 1321, a bill to amend the Federal Whereas this resolution commends the [Mr. BURNS] was added as a cosponsor Water Pollution Control Act to permit more than 200 organizations throughout the of S. 952, a bill to establish a Federal grants for the national estuary pro- United States that honor Scottish heritage, cause of action for discrimination and gram to be used for the development tradition, and culture, representing the hun- preferential treatment in Federal ac- and implementation of a comprehen- dreds of thousands of Americans of Scottish tions on the basis of race, color, na- sive conservation and management descent, residing in every State, who already tional origin, or sex, and for other pur- plan, to reauthorize appropriations to have made the observance of Tartan Day on April 6 a success; and poses. carry out the program, and for other Whereas these numerous individuals, clans, S. 987 purposes. societies, clubs, and fraternal organizations At the request of Mr. SPECTER, the S. 1334 do not let the great contributions of the name of the Senator from South Da- At the request of Mr. BOND, the name Scottish people go unnoticed: Now, there- kota [Mr. JOHNSON] was added as a co- of the Senator from Texas [Mrs. fore, be it Resolved, That the Senate designates April sponsor of S. 987, a bill to amend title HUTCHISON] was added as a cosponsor of 6 of each year as ‘‘National Tartan Day’’. 38, United States Code, to authorize a S. 1334, a bill to amend title 10, United Mr. LOTT. Mr. President, I rise today cost-of-living adjustment in the rates States Code, to establish a demonstra- to introduce a resolution designating of disability compensation for veterans tion project to evaluate the feasibility April 6 of each year as ‘‘National Tar- with service-connected disabilities and of using the Federal Employees Health tan Day,’’ not only to recognize the dependency and indemnity compensa- Benefits program to ensure the outstanding achievements and con- tion for survivors of such veterans and availablity of adequate health care for tributions made by Scottish-Americans to revise and improve certain veterans Medicare-eligible beneficiaries under to the United States, but to better rec- compensation, pension, and memorial the military health care system. ognize an important day in the history affairs programs; and for other pur- S. 1360 of all free men, April 6. poses. At the request of Mr. ABRAHAM, the It was nearly 700 years ago, on April S. 999 name of the Senator from Florida [Mr. 6, 1320, that a group of men in At the request of Mr. SPECTER, the GRAHAM] was added as a cosponsor of S. Arbroath, Scotland, enumerated a long names of the Senator from South Da- 1360, a bill to amend the Illegal Immi- list of grievances against the English kota [Mr. JOHNSON], and the Senator gration Reform and Immigrant Respon- king of the day, asserted their inde- from New York [Mr. D’AMATO] were sibility Act of 1996 to clarify and im- pendence in no uncertain terms, and added as cosponsors of S. 999, a bill to prove the requirements for the develop- claimed that they, the people of Scot- specify the frequency of screening ment of an automated entry-exit con- land, had the right to choose their own mammograms provided to women vet- trol system, to enhance land border government. They wrote, ‘‘We fight for erans by the Department of Veterans control and enforcement, and for other liberty alone, which no good man loses Affairs. purposes. but with his life * * *’’ S. 1189 SENATE CONCURRENT RESOLUTION 59 These were daring words, because the At the request of Mr. SMITH, the At the request of Mr. LAUTENBERG, Scots who wrote those words lived in name of the Senator from Alaska [Mr. his name was added as a cosponsor of dangerous times. Violence ruled the STEVENS] was added as a cosponsor of Senate Concurrent Resolution 59, a world. Wars were fought for property, S. 1189, a bill to increase the criminal concurrent resolution expressing the for conquest, for great tracts of land in penalties for assaulting or threatening sense of Congress with respect to the far away countries. Federal judges, their family members, human rights situation in the Republic But the Scots who met on that cold and other public servants, and for of Turkey in light of that country’s de- April day, perhaps in the rain, were not other purposes. sire to host the next summit meeting fighting for property or conquest or es- S. 1284 of the heads of state or government of tates. They wrote, ‘‘We fight for liberty At the request of Mr. ROBERTS, the the Organization for Security and Co- alone.’’ This was all they fought for. name of the Senator from Vermont operation in Europe (OSCE). Liberty. These were daring words—dangerous [Mr. JEFFORDS] was added as a cospon- f words—words that could bring certain sor of S. 1284, a bill to prohibit con- SENATE RESOLUTION 155—DES- struction of any monument, memorial, death to them and their families. These IGNATING ‘‘NATIONAL TARTAN Scotsmen were claiming liberty as or other structure at the site of the Iwo DAY’’ Jima Memorial in Arlington, Virginia, their birthright. They were claiming and for other purposes. Mr. LOTT submitted the following they were born free men—and no king, no baron, no landlord with his troops S. 1307 resolution; which was referred to the Committee on the Judiciary: could take this liberty from the men in At the request of Mr. DASCHLE, the S. RES. 155 Scotland. name of the Senator from Nevada [Mr. These were words that lasted, long REID] was added as a cosponsor of S. Whereas April 6 has a special significance for all Americans, and especially those after kings and buildings had fallen 1307, a bill to amend the Employee Re- into ruin. These were words that en- tirement Income Security Act of 1974 Americans of Scottish descent, because the Declaration of Arbroath, the Scottish Dec- dured, like the mountains, hills and with respect to rules governing litiga- laration of Independence, was signed on stones of Scotland. tion contesting termination or reduc- April 6, 1320 and the American Declaration of These were words that reached across tion of retiree health benefits and to Independence was modeled on that inspira- the years, the centuries, across the extend continuation coverage to retir- tional document; ocean. Over 450 years later, a group of ees and their dependents. Whereas this resolution honors the major men stood in a building in the British role that Scottish Americans played in the S. 1311 colony of Pennsylvania, on a hot sum- founding of this Nation, such as the fact that At the request of Mr. LIEBERMAN, the almost half of the signers of the Declaration mer’s day, debating and then signing names of the Senator from Illinois [Ms. of Independence were of Scottish descent, their own declaration of independence. MOSELEY-BRAUN], and the Senator from the Governors in 9 of the original 13 States They used the Arbroath Declaration as Minnesota [Mr. WELLSTONE] were added were of Scottish ancestry, and Scottish the template for their own thoughts, November 10, 1997 CONGRESSIONAL RECORD — SENATE S12479 their own words. This was natural— that we may never forget, so that the cial 25th annual banquet for the Foster many of the men in that room in Phila- world, in some small way, may never Grandparents Program in Aberdeen. delphia, almost half, were of Scottish forget, the beginnings of freedom in I would like to recognize most espe- ancestry. The draftsman of the docu- far-away, long-ago Arbroath. cially Linda Dillavou for all the hard ment was Thomas Jefferson—one of his f work and time she has put into the ancestors had signed the Arbroath Dec- AMENDMENTS SUBMITTED Foster Grandparent Program. The suc- laration, all of those centuries before. cess of their operation is due in no The words of the Arbroath Declaration small part to her dedication and hard meant something to those men—they THE WIRELESS TELEPHONE work. were daring words—words that would PROTECTION ACT For the past 25 years, this Foster not be quiet, that would not lie quiet Grandparents organization has and still on some forgotten Scottish strengthened the Aberdeen community hill. The men in Philadelphia that day HATCH AMENDMENT NO. 1634 by providing services to children that remembered those words—‘‘We fight Mr. LOTT (for Mr. HATCH) proposed local budgets cannot afford. It has for liberty alone’’—and the men in an amendment to the bill (S. 493) to built important bridges across the gen- Philadelphia signed their own declara- amend section 1029 of title 18, United erations. Those of you gathered here tion of independence. States Code, with respect to cellular this evening offer emotional support The words and thoughts of those telephone cloning paraphernalia; as for those children who have been long-ago Scottish patriots live on in follows: abused or neglected, mentor troubled America. Liberty, true liberty, has On page 6, line 1, strike ‘‘The punishment’’ teens and young mothers, and care for been good to their descendants in and insert the following: premature infants and children with America. Scottish-Americans have ‘‘(1) ‘‘In general.—The punishment’’. On page 6, line 2, strike ‘‘section’’. physical disabilities. ‘‘Grannies’’ and helped build this nation since the be- On page 6, line 3, strike ‘‘(1)’’ and insert ‘‘Granddads’’ serve one-on-one with ginning. Three-fourths of all American ‘‘(A)’’ and indent accordingly. children. They tutor, counsel, assist, presidents can trace their roots to On page 6, line 7, strike ‘‘(A)’’ and insert guide or help in a variety of ways— Scotland. The contributions of Scot- ‘‘(i)’’ and indent accordingly. whatever is needed. They serve in tish-Americans are innumerable: Some On page 6, line 11, strike ‘‘(B)’’ and insert ‘‘(ii)’’ and indent accordingly. schools, hospitals, shelters, Head Start, of the great have included Neil Arm- On page 6, line 14, strike ‘‘and’’. and other child-serving facilities. strong, Alexander Graham Bell, An- On page 6, line 15, strike ‘‘(2)’’ and insert They represent one of South Dako- drew Carnegie, Thomas Alva Edison, ‘‘(B)’’ and indent accordingly. ta’s growing resources. The United On page 6, line 19, strike the punctuation William Faulkner, Malcolm Forbes, States is in the midst of a demographic Billy Graham, Alexander Hamilton, at the end and insert ‘‘; and’’. On page 6, between lines 19 and 20, insert revolution. There are twice as many Washington Irving, John Paul Jones, the following: older adults today as there were 30 John Marshall, Andrew Mellon, Samuel ‘‘(C) in any case, in addition to any other years ago; soon nearly a quarter of the F.B. Morse, James Naismith, Edgar punishment imposed or any other forfeiture population will be more than 65 years required by law, forfeiture to the United Allen Poe, Gilbert Stuart, Elizabeth old. By the middle of the next century, Taylor, to name only a few. States of any personal property used or intended to be used to commit, facilitate, or for the first time, the number of Amer- But beyond all of the accomplish- icans over 65 will exceed those under ments of Scottish-Americans, beyond promote the commission of the offense. ‘‘(2) APPLICABLE PROCEDURE.—The criminal 18. all the wonderful inventions like the forfeiture of personal property subject to for- For the most part, this trans- telegraph and telephone and electric feiture under paragraph (1)(C), any seizure formation is portrayed as a source of light, all the works of literature, all and disposition thereof, and any administra- new strains on South Dakota families, the great businesses and charitable or- tive or judicial proceeding in relation there- the economy, and the Federal budget. ganizations founded by Scottish-Amer- to, shall be governed by subsections (c) and But the prevailing pessimism about the icans, beyond all of those accomplish- (e) through (p) of section 413 of the Con- trolled Substances Act (21 U.S.C. 853).’’. graying of America is blinding us to ments, are the words. ‘‘We fight for lib- the great promise of this change. The erty alone * * * We fight for liberty KYL AMENDMENT NO. 1635 talent and civic potential they provide alone, which no good man loses but for South Dakota is immeasurable. with his life.’’ Mr. LOTT (for Mr. KYL) proposed an Those are haunting words. Those are amendment to the bill S. 493, to amend After all, our senior population is, words that haunted the men who section 1029 of title 18, United States quite possibly, this country’s best in- passed them down for generations, Code, with respect to cellular tele- creasing natural resource. wherever men dreamed of being free, phone cloning paraphernalia; as fol- Why? They share the time they have. words that haunted the men who re- lows: They offer practical wisdom, gained wrote them in Philadelphia on that On page 6, line 5, strike ‘‘that has become from experience, and carry with them a hot, steamy day, words that have final and that was committed on a separate world otherwise lost to younger gen- haunted generations of Americans. prior occasion.’’ and insert ‘‘, which convic- erations. Seniors also have special rea- tion has become final—’’. son to become involved in the civic and Words that have lived inside men, On page 6, line 7, strike ‘‘(2),’’. unspoken, as they marched to York- On page 6, line 11, strike ‘‘(1),’’ and insert voluntary work that others cannot per- town, as they lined up quietly behind ‘‘(1), (2),’’. form. The awareness that comes with the cotton bales in New Orleans, On page 6, beginning on line 16, strike age inspires reflection about the legacy marched to Mexico, sailed to Cuba and ‘‘that has become final and that was com- that we leave behind: we are what sur- mitted on a separate prior occasion, that the Philippines, and Europe and the vives of us, especially through these has’’ and insert ‘‘which conviction has be- children. Pacific and Korea and the Persian Gulf. come final,’’. These are words that live inside all of On page 7, line 24, after ‘‘subsection (a)(9)’’ Their 25 year history is, indeed, im- us Americans, and especially inside our insert ‘‘, provided that if such hardware or pressive. To help us all appreciate how veterans: ‘‘We fight for liberty alone, software is used to obtain access to tele- far this organization has come, I’d like which no good man loses but with his communications service provided by another to share the story of this organiza- facilities-based carrier, such access is au- tion’s beginning—a story of a histori- life.’’ And how many have lost their thorized’’. lives for our freedom. cal accident rather than enlightened It is appropriate that we honor April f vision. 6 as National Tartan Day. The Scottish ADDITIONAL STATEMENTS President Johnson—in an attempt to clansmen who met on that cold day help poor seniors—ordered the Office of and declared their independence were Aging at the Department of Health, our clansmen, no matter what nation ABERDEEN FOSTER Education and Welfare to devise an ini- we hail from. They were our brothers. GRANDPARENTS tiative engaging low-income seniors in Mr. President, I ask all my col- ∑ Mr. DASCHLE. Mr. President, I community service for vulnerable chil- leagues to support this resolution, so would like to speak in honor of the spe- dren. When the office was unveiled, S12480 CONGRESSIONAL RECORD — SENATE November 10, 1997 what would become the Foster Grand- in their elder years, and we’ve had numerous more realistic export controls on parent Program was rejected as prepos- instances where they’ve taken every cent. encryption. However, the administra- terous by the Nation’s most progres- Over the past year, one especially tion does not need Congress to pass a sive children’s organizations—mostly heinous scheme has gained popularity law to change their policy in this area hospitals and large institutions for de- among criminals. Past victims of tele- and I would like to encourage the ad- velopmentally disabled youth. The sen- marketing fraud are often called by a ministration to review their current iors would have little to contribute to second swindler who promises to help policy and apply more realistic export children, they complained; besides, recover the money lost in the first controls on encryption technology. they would spread disease and probably scam. However, once the victims turn My understanding is that many other even lack the wherewithal to get to the over their recovery fees, the second nations have multilaterally agreed to job. The agencies actually refused to swindler fails to lift a finger to help. decontrol the export of computer soft- take the Government’s money. Times The Telemarketing Fraud Prevention ware with encryption capabilities. Yet, have certainly changed. Act directs the U.S. Sentencing Com- the United States continues to impose Given this history, we should chal- mission to provide enhanced penalties unilateral controls. Thus, we have lenge ourselves to imagine new institu- for those persons convicted of tele- handicapped ourselves in the global tions that make full use of the re- marketing fraud, and allows prosecu- market. sources of age for the next successful 25 tors to seek even greater penalties for Commercial products from compa- years for the Aberdeen Foster Grand- those who mastermind fraudulent nies in Germany, Japan, and England parents. Pilot programs suggest the schemes. In addition, the act requires are securing more of the international kinds of contributions seniors might offenders to forfeit their ill-gotten market share because those nation’s make. In Hilton Head, SC, a group of gains, much in the same manner as impose fewer restrictions on their retired physicians and nurses have drug dealers are forced to turn over the encryption exports than we do. Mr. formed a free health clinic providing, fruits of their crimes. President, our Olympic team could not among other things, preventive care Although the original version of this win if they had to compete with ankle for low-income families. In Virginia bill mandated specific increases in sen- weights. The same is true for American and Montana, the Senior Environ- tencing levels, those provisions were computer hardware and software com- mental Corps is dedicated to alerting removed during discussion with the mi- panies. They face real competition in doctors, the elderly, and the public to nority in order to move this legislation the international market place and the special environmental hazards forward. However, I note that the their ability to provide strong informa- faced by the older population. In Mas- House recently approved legislation tion security features is costing them sachusetts, a group of downsized elec- nearly identical to the original version sales of computer systems and software trical workers is helping young ex- of this bill, and I recognize that final packages. Lost sales will mean lost criminal offenders make the transition passage of this bill must reconcile the jobs. to productive life in the community. House and Senate positions on the un- In my judgement we need to update This Aberdeen Foster Grandparent derlying issues. I am hopeful that the American export control policy and Program—on the occasion of their 25th final version will contain the strongest catch up with modern realities of tech- anniversary—is our best glimpse at possible deterrents for those who might nology and the international market how we can benefit from the energy consider taking up the unsavory prac- place. Unfortunately, rather than and talent of older Americans on a tice of telemarketing fraud. make real progress on this issue, the grander scale. The record of the Foster Mr. President, this bill presents an administration has raised all sort of Grandparent Program suggests that if opportunity to curb the growing prob- new issues, such as attempting to im- we build appealing service opportuni- lem of telemarketing fraud, a crime pose more controls on domestic ties for older adults, they will come which is especially cruel when targeted encryption. I hope that the administra- forward and lend a hand. against the elderly and infirm. We tion will take a second look at their I congratulate the Aberdeen Foster should not let this opportunity pass.∑ export controls and start making Grandparents on this very special occa- f progress on developing a policy that will allow U.S. companies to compete. sion, and I thank them for giving self- ENCRYPTION EXPORTS NEED Short of that, I hope we will make lessly of their time to make the past 25 LIBERALIZATION years so successful.∑ some progress in the Senate in moving Mr. DORGAN. Mr. President, in the f ∑ legislation sponsored by Senator final days of this session, the Congress BURNS, the Pro-CODE bill, which will TELEMARKETING FRAUD is emersed in a debate over our Na- require a relocation of export controls, PREVENTION ACT OF 1997 tion’s trade policy. In my judgement, but done in a manner that is sensitive ∑ Mr. KYL. Mr. President, I rise in sup- we have not focused enough attention to national security and law enforce- port of the Telemarketing Fraud Pre- on our policies that are hindering our ment concerns.∑ vention Act of 1997. It is long past time ability to compete internationally and f to punish criminals who have per- policies that are increasing our trade deficits. THE 50TH ANNIVERSARY OF THE petrated fraudulent telephone scams. KOREAN WAR Telemarketing fraud swindles Ameri- One issue that relates the ability of cans out of $40 billion dollars every U.S. companies to compete inter- ∑ Mr. WARNER. Mr. President, as part year, but one group in particular is es- nationally is the existing policy of the of the National Defense Authorization pecially hard hit: senior citizens. In administration with respect to controls Act for Fiscal Year 1998, the conferees fact, the Attorney General recently on the exportation of encryption tech- included a provision (sec. 1083) author- noted that the elderly are subject to a nology. Currently, U.S. firms are the izing the Secretary of Defense to begin barrage of high-pressure sales calls, world leaders in encryption but other to plan, coordinate, and execute a pro- sometimes as many as five or more nations are gaining fast. Perhaps the gram to commemorate the 50th anni- calls every day. greatest single factor in the erosion of versary of the Korean war. In a recent Associated Press story, U.S. dominance in encryption tech- The Department of the Army—under the chief of the Financial Crimes Sec- nology is the administration’s export the able leadership of retired General tion of the Federal Bureau of Inves- controls. Kicklighter—has been designated to tigation, Mr. Chuck Owens, discussed As some of my colleagues know, carry out this 50th anniversary pro- criminals who commits telemarketing there are several bills introduced in gram. A good friend of mine, Mr. Roy fraud. Mr. Owens stated as follows: Congress to address encryption. The Martin, former mayor of Norfolk, VA, Senate Commerce Committee has even and currently chairman of the Gen. We estimate that, conservatively, 50% of the time, these people victimize the elderly reported legislation in this area and I Douglas MacArthur Foundation in Nor- . . . Many times you’ve got senior citizens and the Senator from Montana, Sen- folk, has taken the lead in planning a who basically need the money that they’ve ator BURNS have been pushing alter- series of commemorative events for saved to continue to provide for themselves native legislation that would require this very special anniversary. November 10, 1997 CONGRESSIONAL RECORD — SENATE S12481 As a veteran of the Korean war, I was tion by the Occupational Safety and thank my colleague in the House, Rep- disappointed to learn—the day after Health Administration’s Voluntary resentative DALE KILDEE, for introduc- the defense authorization conference Protection Programs, known also as ing this bill. I believe that H.R. 1604 report was approved by the Senate— VPP. will pass the House in the next few that the provision we included in our The VPP is a cooperative organiza- days and will then be signed into law bill to commemorate this historic tion between government and industry by the President. event was inadequate. The conferees that was established in 1982 to empha- H.R. 1604 is a very important piece of acted in good faith to authorize a pro- size and encourage safety, health, and legislation for several Michigan tribes. gram worthy of the event. Unfortu- environmental programs among labor, To fully understand this bill, it is nec- nately, new information came to light management, and government. This is essary to understand Michigan history. after the conclusion of our conference done by recognizing certain industrial In the Treaty of 1836, the Chippewa and which revealed that the $100,000 we had sites that have either achieved, or are Ottawa Indians of Michigan ceded over authorized would not be sufficient. making significant strides toward, ex- 12 million acres of land in Michigan to In an effort to correct this oversight, cellence in worker safety and health the Federal Government. Approxi- at my request Senator THURMOND in- protection. Mr. President, I am proud mately 15 cents per acre was given to troduced S. 1507, a bill making tech- to say that six sites in Idaho have been the tribes as compensation for this nical corrections to the defense author- recognized by the VPP. land. ization bill, to provide $1 million for The following sites, all in Soda In 1946, the U.S. Congress established the Korean war celebration. That bill Springs, IA, have been awarded highest the Indian Claims Commission, a body passed the Senate last evening, and the recognition as star sites: the Agrium created to redress some of the worst in- House has indicated that it will pass Conda Phosphate Operations; the J.R. justices of the U.S. Government/Indian this legislation before the end of the Simplot Company’s Conda Pump Sta- Nation treaty era. The Indian Claims current session. tion; the Kerr-McGee Corporation’s Va- Commission determined that the value While I understand that this will not nadium Facility; and Solutia, Inc. of the land ceded by the Michigan be enough to fund the entire Korean In addition to these star sites, I tribes was 90 cents an acre, not 15 war commemoration program, it will would like to commend two additional cents. In 1972, Congress appropriated solve the immediate problem for fiscal industrial sites in Idaho, both run by $10 million as a final settlement for the year 1998. Potlatch Corp., that have achieved rec- land, but the money could not be dis- I pledge to my follow Korean war vet- ognition as Merit Sites: Jaype Ply- tribute until the tribes reached an erans that I will work with the Depart- wood, in Pierce, ID; and Potlatch agreement on how the funds would be ment of the Army in the coming fiscal Corp.’s Consumer Products Division, in distributed. This amount has now years to ensure that adequate funding Lewiston. Mr. President, both of these grown to over $70 million. Over the last few years, the tribes is provided by the Congress to fund a Potlatch sites have employees who are have worked among themselves to commemoration that is worthy of the represented by unions. Jaype Plywood come to an agreement as to the means brave men and women who served so workers belong to the International of distributing the funds. H.R. 1604 is well on the battlefields of Korea. Association of Machinists and Aero- space Workers, Local WO358, and the result of this consensus between f the parties. Potlatch’s Consumer Products Division I would like to commend the tribal NATIONAL BIBLE WEEK employees are represented by the Unit- leaders for coming together to nego- Mr. BINGAMAN. Mr. President, in ∑ ed Paperworkers International Union, tiate this agreement. It has taken the spring, I was asked by the Lay- Locals 608 and 712, and the Inter- many years and much negotiating. men’s National Bible Association to national Brotherhood of Electrical Tribal elder, Arthur LeBlanc, of the serve as a congressional cochairman Workers, Local 73. I would like to say, Bay Mills Indian Community, testified for National Bible Week. The goal of in regard to these Potlatch sites being before the Senate Indian Affairs Com- the association is to encourage the recognized by the VPP, that the co- mittee on November 3, 1997, on behalf reading and study of the Bible. I was operation that has been exhibited be- of H.R. 1604. Mr. LeBlanc, and other pleased to agree to do this, and to join tween organized labor and management tribal members, will now be com- the association in announcing that No- represents, in my mind, the best way pensated for a settlement claim that vember 23 through 30 of this year has to achieve a truly productive working has taken 25 years to fully resolve. been designated as National Bible environment by avoiding division and In closing, I offer my strong support Week. As we expect to adjourn before intrusive government regulation that for H.R. 1604 and am hopeful that it then, I take this opportunity to offer frequently is counterproductive to the will pass the House quickly and that my support for the association’s ef- best interests of both the laborers and the tribes will receive compensation forts. management. for their land as soon as possible.∑ This book, the ‘‘Good Book,’’ has Mr. President, I would like to con- f come down to us through the faithful gratulate all of these industrial sites in over the centuries. The bedrock of reli- Idaho for their efforts. VPP recognizes PRIVATE PROPERTY RIGHTS gion for Jews and Christians, it is a the cooperation of labor and manage- IMPLEMENTATION ACT OF 1997 boundless source of comfort, hope, ac- ment, working in conjunction with the ∑ Mr. GORTON. Mr. President, I com- tion, love, guidance, and inquiry. Some government, to create a safe and mend my colleagues in the House of of the most beautiful expressions of healthy work environment for all who Representatives for their recent pas- human experience, belief and thought work at the sites. This spirit of co- sage of H.R. 1534, the Private Property are found in the Bible, flowing from the operation has clearly achieved results, Rights Implementation Act. This long magnificence and grace of God. and as a U.S. Senator from Idaho, I overdue legislation will provide a much Every day that the Senate is in ses- would like to say again that I am very needed boost to the thousands of home- sion, our fine Chaplain, or his designee, proud of the six sites in my State that owners, small landowners, farmers, and offers a prayer drawn from the lessons have been recognized by the VPP.∑ others who for years have had their in the Bible. This is a solemn, wonder- f constitutional rights compromised. ful, reliable moment in the daily rou- For too long, these landowners have tine. Reading the book itself is the INDIAN DISTRIBUTION JUDGMENT seen their constitutionally guaranteed FUND BILL same.∑ property rights eroded by expanding f ∑ Mr. LEVIN. Mr. President, I am Government regulations. I believe the pleased that H.R. 1604, the Indian dis- taking or restriction of the use of pri- RECOGNITION OF IDAHO VPP tribution judgment fund bill, passed vate property without due process and SITES the Senate yesterday. This bill cleared just compensation is directly contrary ∑ Mr. KEMPTHORNE. Mr. President, I the Senate with bipartisan support, in- to our Constitution. rise to commend six industrial sites in cluding my Michigan colleague, Sen- This predicament that too many pri- my State that have received recogni- ator SPENCER ABRAHAM. I would like to vate property owners find themselves S12482 CONGRESSIONAL RECORD — SENATE November 10, 1997 in today was not always the case. So years, the Government tried to use a companion legislation S. 1204 intro- strong was the belief in private prop- variety of forestry and other environ- duced by Senator COVERDELL, I urge erty ownership that our Nation’s mental laws, including the Endangered my colleagues in the Senate to pass Founding Fathers guaranteed it in the Species Act, to force the landowner off this legislation soon and hope the Constitution’s Bill of Rights. The fifth a portion of its land. President will sign this moderate bill amendment to the Constitution states: The landowner filed a takings suit when it comes to his desk.∑ ‘‘No person shall be * * * deprived of and now the Government has finally f life, liberty, or property, without due come to the bargaining table offering FDA MODERNIZATION AND process of law; nor shall private prop- to pay for the property. As a result at ACCOUNTABILITY ACT erty be taken for public use without the request of the Clinton administra- just compensation.’’ tion, our Interior appropriations bill ∑ Mrs. MURRAY. Mr. President, there For centuries, this constitutional di- appropriates $250 million for the Head- are very few pieces of legislation that rective was so respected that the needs waters acquisition. I cannot help but we will act on that has the kind of im- of public concerns were adequately ad- think that this landowner would never pact that S. 830 will have on improving dressed without sacrificing private have received compensation if it had the quality of lives for millions of property rights. However, in the 1960’s, not had the substantial financial re- Americans. Ultimately, this legislation 1970’s, and 1980’s our Nation’s local, sources necessary to fight a long and will impact every Member of this body. State, and Federal governments began contentious legal battle. S. 830 represents a historic piece of leg- to pass increasingly burdensome regu- H.R. 1534 takes several steps to allow islation that will reform and modernize lations governing air, water, land, and smaller, less wealthy landowners the the Food and Drug Administration. other natural resources, most of which same access to the Federal courts. Un- This legislation will result in the had strong policy justification. The like other bills dealing with property more rapid approval of new, lifesaving net, cumulative result, however, was a rights, H.R. 1534 does not affect any en- drugs and medical devices without serious diminution of private property vironmental law, impact the budget, or jeopardizing a strong public health pro- rights. define for the courts when a taking has tection role for the FDA. Millions of Unfortunately, fighting the Govern- occurred. Instead, the bill simply at- people will have access to break ment over a taking in court is not only tempts to clear the many procedural through medical technology faster. extremely expensive, it is time con- hurdles that currently prevent most More children will also benefit from suming and usually futile against the property owners from having their case the rapid improvement in drugs and de- deep pockets of the Government, which heard in court in a fair and expeditious vices to treat serious and life-threaten- has nothing to lose by drawing the bat- manner. ing illness. And, finally the FDA will tle out for years and years and wearing H.R. 1534 gives a property owner ac- be given the resources it needs to meet down opponents. cess to Federal court without having to the challenges and demands of protect- More than 80 percent of the time spend years in an endless cycle of ad- ing the public health and approving when property owners try to access ministrative appeals with Government safe and effective drugs in a more time- Federal courts, they are thrown out on agencies. The bill still requires the ly manner. procedural grounds, before the merits owner to attempt at least two appeals When I made the decision to seek a are even considered. Of the 20 percent before going to court—but provides a seat on the Senate Labor and Human who are successful in having their clear end to the process. H.R. 1534 sim- Resources Committee I did so because I cases heard in Federal court, it takes ply gives property owners the same ac- wanted to be directly involved in the an average of nearly 10 years of litiga- cess to Federal court that other claim- development of education and public tion and negotiation to get through the ants have. health reform. I am proud to have process. Opponents of this legislation argue worked with Chairman JEFFORDS in his Governmental bodies at the State that this bill undermines the authority effort to shepherd through the FDA re- and local level often have legitimate of State and local governments in zon- form legislation. I know that at times reasons for restricting the use of pri- ing disputes. If this were the case, I this was a difficult task and his leader- vate property for local zoning, environ- would not be supporting H.R. 1534. I ship and patience were truly tested. I mental protection, and other purposes. strongly believe that land use decisions want to thank him for his willingness Most State and local governments use should be made at the local level to the to forge a bipartisan bill that addressed their power responsibly, respecting the greatest extent possible. I believe in many of the concerns that I had early rights of private property owners when most cases it is in the best interests of in the process. I also want to thank making land use decisions. Neverthe- landowners to have their cases decided Senator KENNEDY for his efforts on be- less, when a governmental body at any at the local level. Rather than giving half of patients and consumers. Sen- level infringes on an individual’s con- property owners another avenue or au- ator KENNEDY’s hard work and commit- stitutionally guaranteed rights, that thority to sue cities and localities in ment to a strong public health role for person should at least have his day in Federal court, the House passed bill FDA resulted in some real improve- court. simply allows the decision to be made ments in this legislation. H.R. 1534 allows property owners on the facts of the case without spend- The fact that we have before us today whose rights have been violated the ing 10 years litigating on procedural a bipartisan reform agreement is in it- same access to Federal courts that questions. self a historic accomplishment. Prior other claimants have. For example, Under H.R. 1534, local officials will to the 105th Congress I thought that I Federal environmental laws are readily still be in control of local zoning deci- had a pretty good understanding of enforced in Federal courts. First sions. The Federal courts have consist- how the agency worked and where im- amendment claims against local gov- ently upheld local authority to make provements needed to be made. What I ernments also have no trouble getting these decisions. The only role the Fed- discovered is that the drug and device heard in Federal court. Only private eral courts are given under this bill is approval process from lab to patient is property rights are routinely dismissed the one they already have: to interpret a complex process involving numerous or delayed. When landowners cannot the Constitution and determine wheth- steps. The pressure on the FDA to im- afford to go to court to protect their er individuals rights have been vio- prove safe and effective drugs and de- legal and civil rights, the Government lated. vices with minimal delay is over- can use pressure to effectively take the Passage of H.R. 1534 will be a small whelming. In addition, the FDA must land from the landowner. but significant step in the battle to re- regulate billion dollar industries that As chairman of the Senate Interior store private property rights. The is- have almost unlimited resources. What Appropriations Subcommittee, I can- sues of compensation and adequate no- I have learned from this process is that not help but be reminded of one of the tification of landowners when takings the FDA is by far one of the most im- most contentious issues that faced our occur also need to be addressed by this portant public health agencies, but it subcommittee this year—the Head- body. Nevertheless, passage of H.R. 1534 is also one that we all seem to take for waters Forest land acquisition. For is a positive step. As a cosponsor of granted. November 10, 1997 CONGRESSIONAL RECORD — SENATE S12483 S. 830 is not just about the reform or JONES ACT WAIVER—S. 1349 Cayetano and leaders of the Leeward Oahu modernization of a Federal agency. The community. ∑ Mr. MCCAIN. Mr. President, today activities of the FDA effect every sin- But he has faith the community remains the Committee on Commerce, Science, behind the essential use of Hawaii facilities gle one of us, every single day. Whether and Transportation agreed to be dis- to train fighting forces. He works closely it is taking an aspirin or brushing our charged from further consideration of with Sen. Daniel K. Inouye, who says ‘‘this teeth the FDA was involved. It ensured S. 1349. The bill would waive the U.S. community pulls out the stops for the mili- that the aspirin and the toothpaste was build and prior U.S. ownership require- tary more than any place I’ve ever seen.’’ safe and effective. The FDA manufac- He’s a Navy man, of course, who sees more ments of the coastwise trade laws and turing standards protect these prod- of our mainland coasts than inland, but his allow the ferry Prince Nova to be em- ucts so that we can feel confident that Army deputy, Lt. Gen. Joseph DeFrancisco, ployed in the coastwise trade. concurs. The only place DeFrancisco can they were not contaminated or tam- Usually, Jones Act waiver bills such think of that comes close to matching us in pered with prior to our purchase. showing its patriotism is the Gulf Coast area The agency is also involved in mak- as S. 1349 are first considered by the Commerce Committee, and subse- of Georgia around Fort Stewart and Hunter ing sure that new technology to diag- Army Airfield. Our Navy League chapter of nosis or screen for life-threatening ill- quently included in Coast Guard au- 5,000 is the biggest in the U.S. nesses is reliable and that the claims thorization legislation for final pas- Servicemen in Hawaii get stickers for their made by the manufacturer are consist- sage. In this case, the Commerce Com- ID cards that entitle them to kamaaina dis- ent with the available technology. The mittee did not have an opportunity to counts in Waikiki an elsewhere. They also consider S. 1349 during the Commit- get auto license discounts and reduced tui- FDA must also ensure the safety and tion at the University of Hawaii. effectiveness of all drugs as well. When tee’s last executive session of this year. There’s a two-way street, of course. The we pick up a prescription like an anti- The Senator from Connecticut, how- armed services are among the very best biotic at the pharmacy, we never think ever, requested the opportunity to have Aloha United Way contributors. They pro- twice about the safety or effectiveness the Senate adopt the bill before the end vide emergency medical airlifts and rescues of the drug. We simply assume that if of the first session. at sea, are prompt with community disaster taken properly it is safe and effective Mr. President, the bill meets the relief. They have adopted 130 public and pri- Commerce Committee’s usual criteria vate schools for renovation help and grounds at treating an ear infection. It is be- cleaning. They recently gave six schools 205 cause of the success of the FDA that for adopting such waivers. Senator computers. we do take so much of this for granted. HOLLINGS, the ranking member of the They host the Special Olympics for chil- This is not to say that there have not Commerce Committee, and I agreed to dren with disabilities, serve as Big Brothers been problems in the past. But, I be- request the Commerce Committee be and Big Sisters, help tutor children in all lieve the changes and improvements discharged from further consideration grades, and dig in for projects like litter made by S. 830 addresses some of these of the bill so that the Senator from cleanup around Diamond Head. They co-host Hydrofest, join in community parades and problems and that the commitment Connecticut’s request could be accom- open their bases for visitation. Veterans’ made by the chairman to maintain ag- modated.∑ medical facilities at Tripler Army Medical gressive and effective oversight of the f Center are first-rate. agency will prevent significant prob- Hawaii’s high cost of living is a concern for lems in the future. I know that there HAWAII’S EXCEPTIONALLY many service people, alleviated by the fact are some who are skeptical of the re- STRONG PATRIOTISM that 78 percent are housed on base. Past ∑ Mr. INOUYE. Mr. President, the Hon- criticisms of our schools seem to have eased forms and modernization called for in with more military-community interaction. this legislation and they point to past olulu Star Bulletin’s weekly article, Most land use concerns have been quieted problems at the agency as their proof. ‘‘Hawaii’s World,’’ written by one of by creation of a joint military-civilian task I am not dismissing past mistakes by Hawaii’s most respected journalist, A. force to review military needs and relinquish the FDA, but I also do not believe we A. (Bud) Smyser, commemorated Vet- unneeded properties. can allow the past errors to paralyze erans Day with an article entitled, Makua is the current hot potato. The can- celed beach landing would have been a first, the agency. We have to move toward ‘‘Hawaii’s Exceptionally Strong Patri- but continuing use of the valley itself as a the future, and learn from the mis- otism.’’ This article appeared in the weapons training area remains a high prior- takes of the past. Thursday, November 6, 1997 edition. I ity need to the military, an intrusion to the The agency has been given a ask that Mr. Smyser’s article be print- civilian critics. daunting task with limited resources. ed in the RECORD. It is the kind of thing the governor and However, it has become obvious over The article follows: other top civilian officials will have to weigh carefully in light of the $3.4 billion annual the years that a major modernization [From the Honolulu Star Bulletin, Nov. 6, was necessary in order to keep pace military spending here that is based heavily 1997] on our year-round training capability for all with the rapid changes in drugs and de- HAWAII’S EXCEPTIONALLY STRONG PATRIOTISM services.∑ vices and the globalization of the (By A.A. Smyser) f biotech industry. In 1992 the Prescrip- For Veterans Day next Tuesday, I have a MAMMOGRAPHY QUALITY STAND- tion Drug User Fee Act [PDUFA], the message from on high. The Defense Depart- partnership between the agency and ment’s top officer in this half of the world ARDS REAUTHORIZATION ACT the prescription drug industry, was en- calls Hawaii ‘‘the most patriotic community ∑ Mr. JEFFORDS. Mr. President, I am acted. This major effort has proven to I know.’’ very pleased that the Senate yesterday be a major success for the FDA, indus- Adm. Joseph W. Prueher said that to a passed S. 537, the 5-year reauthoriza- try, and patients. I am pleased that we Chamber of Commerce of Hawaii lunch in tion of the Mammography Quality were able to include reauthorization of July. He reiterated it recently when I asked Standards Act. The original statute, PDUFA in S. 830 that builds on the suc- for amplification. now 5 years old, passed in 1992 with He has been CINPAC (commander-in-chief cess of the 1992 legislation. broad bipartisan support. Through the I am pleased that we have completed Pacific) since January 1996, dealt with a lot of community matters, watched the turnouts tireless efforts of Senator BARBARA MI- this process and are sending a solid, bi- of political and community leaders for Mili- KULSKI, the lead sponsor of the Mam- partisan bill to the President for signa- tary Appreciation Week in May (which few if mography Quality Standards Reau- ture. I am confident that enactment of any other communities have), Memorial thorization Act, we will be able to con- S. 830, FDA Modernization and Ac- Day, Independence Day, Veterans Day and tinue this critical program for women’s countability Act will prove to be one of Pearl Harbor anniversary events. health. the major accomplishments of the He also is fully aware of the World War II Prior to the passage of this legisla- 105th Congress. I know that I am proud contributions of Hawaii’s soldiers of Japa- tion, breast tumors in women were to have been directly involved in the nese ancestry fighting to prove their loyalty. often missed because of defective x ray development of this legislation. He is impressed by the still-continuing re- equipment or inadequately trained per- unions of those groups with sons and daugh- I look forward to working with ters pledged to carry on. sonnel. Today, to operate lawfully, a Chairman JEFFORDS and Senator KEN- He knows there are scratchy points in mammography facility must be cer- NEDY in the same bipartisan manner as military-community relations such as the tified as providing quality mammog- we tackle other public health reform Makua Valley beach landing exercise, which raphy services. That means that a na- initiatives.∑ he called off at the request of Governor tional uniform quality standard for S12484 CONGRESSIONAL RECORD — SENATE November 10, 1997 mammography has been established. It Lehrman, Bell, Mueller, Cannon, Inc. shelter and a center for renewal of the requires that facilities use only prop- market-forecasting firm on behalf of spirit. erly trained personnel, establishes a the National Committee to Preserve But faith, like the body that carries control program to ensure the reliabil- Social Security and Medicare. it, only grows stronger with exercise, ity, clarity, and accurate interpreta- It is worth pointing out that this re- and by that I mean its application in tion of the mammogram, and now each port is not the product of some anti- our daily lives. The values I learned in facility undergoes an annual inspec- Wall Street or pro-big government par- my community, including diligence, tion. tisan. John Mueller is a conservative, compassion a sense of justice and feel- Breast cancer is currently the second supply-side Republican who served for ing of responsibility to my community, leading cause of cancer deaths among a number of years as the chief econo- have been cornerstones of my career in American women. One woman in eight mist for Jack Kemp and the U.S. House public service, and I have tried to apply will develop breast cancer during her Republican caucus. those values in my work, including my lifetime, and, during the nineties, it is After putting aside the usual opti- efforts on bipartisan congressional re- estimated that 500,000 women will die mistic rhetoric about privatization and form, my support of Israel and the Mid- from the disease. If breast cancer is de- actually examining the numbers, here’s dle East peace process, and my com- tected early, however, the probability what John Mueller found: mitment to civil rights. that a woman can survive is greater That Social Security provides a As with so many other Americans, than 90 percent. measurably higher real return than all the people who founded B’nai Abraham Currently, the most effective tech- types of financial assets—including the came from a culture whose members nique for early detection of breast can- stock market—when traditional cal- sought these shores to escape oppres- cer is mammography, an x ray proce- culations of risk are considered. In sion, and they relied on one another for dure that can often locate small tu- fact, financial asset returns, under the support even as the whole new world of mors and abnormalities up to 2 years same economic conditions, are lower challenge and opportunity spread itself before they can be detected by physical than the average return on a steady- out before them. examination. However, mammography state, pay-as-you-go Social Security Mr. President, I grew up among the is one of the most technically challeng- system. members of that community, and I ing x ray procedures, and ensuring the Social Security will be even more at- counted on my congregation to provide quality of mammography services is tractive, not less, than private invest- the grounding in values and traditions difficult. To address concerns about ments in financial assets during the every young person needs as he or she variations in the quality of mammog- next 75 years, when actuarial projec- is growing up, as well as a sense of spir- raphy service provided by the more tions contend that the U.S. economy is itual and cultural refreshment. It is than 10,000 facilities throughout the likely to slow to a 1.4 percent growth particularly important for people of United States and its territories, the rate. The same economic and demo- faith who find themselves in the minor- Congress passed the Mammography graphic factors that drove average, real ity to have a place to worship and to Quality Standards Act of 1992. stockmarket returns up by 10 percent pass along their values and traditions This reauthorization continues an annually in the past 20 years will drive to their children. important program that gives the Wall Street returns down to about 1.5 B’nai Abraham places a very strong women of America and their families percent in the next 20 years. emphasis on education, and congrega- an assurance that the quality of serv- Social Security, by financing a huge tions like B’nai Abraham also serve to ices for this vital test has improved, investment in human capital, has been represent their members to others and and will, hopefully, encourage even an enormous engine for the growth of promote the awareness of Jewish herit- greater numbers to take advantage of the U.S. economy. Privatization would age in our communities. In that way, B’nai Abraham’s mem- this life saving diagnostic tool. result in lower investment, slower ∑ bers not only educate their neighbors growth, and a smaller economy; the f but also show how people of diverse loss well could reach $3 trillion and backgrounds still share experiences, NEW REPORT DOCUMENTING THE cost the economy at least 4 percent in histories and concerns, which can be a RISKS OF PRIVATIZING SOCIAL lost growth during the next 75 years. SECURITY Mr. President, I urge my colleagues powerful encouragement to the contin- ∑ Mr. REID. Mr. President, in the last to obtain a copy and read John ued efforts of so many Americans to several years a virtual cottage indus- Mueller’s report: Three New Papers on promote understanding, tolerance, and try has sprung up in this city to pro- ‘‘Privatizing’’ Social Security, One cooperation. Mr. President, I am a member of mote the privatization of this Nation’s Conclusion: Bad Idea. I would be many communities America, the State Social Security system. pleased to provide a copy to any col- of Wisconsin and the town of Middle- Phase out, partially privatize, or dis- league who may be interested. ∑ ton, but without this community of mantle Social Security entirely, say f the privatization advocates, and let faith that has done so much to guide each American citizen invest their pay- HONORING CONGREGATION B’NAI and support me, I would be a poorer roll tax on Wall Street and become a ABRAHAM ON THE OCCASION OF man. So, Mr. President, let me offer my millionaire by retirement. With Social ITS 90TH ANNIVERSARY warmest congratulations to congrega- Security requiring adjustments to ∑ Mr. FEINGOLD. Mr. President, I tion B’nai Abraham, and may its mem- maintain its long-term solvency, and want to offer my congratulations to bers enjoy good health and good for- the Dow Jones until recent days seem- congregation B’nai Abraham, located tune as they prepare to celebrate 100 ing to hit stratospheric highs almost in Beloit, WI, as its members mark 90 years. every day, the notion of letting the pri- years of service to the Jewish commu- ∑ vate markets provide for retirement nity in southern Wisconsin. f has had a certain appeal for Mr. President, B’nai Abraham was WIRELESS TELEPHONE privatizers. founded on November 7, 1907, by a PROTECTION ACT Now a thoughtful and extremely so- group of people who were collecting Mr. LOTT. Mr. President, I ask unan- bering new economic analysis is warn- funds to help a destitute man. It was a imous consent that the Senate now ing us to plant our feet back on solid highly appropriate beginning to a con- proceed to the consideration of Cal- ground and take a hard look at the gregation dedicated to providing com- endar No. 167, which is S. 493. very considerable and too-little dis- fort, inspiration, solace, guidance, and The PRESIDING OFFICER. The cussed risks of privatizing Social Secu- support. Since then, the members of clerk will report. rity. congregation B’nai Abraham have nur- The assistant legislative clerk read On October 21, 1997 I was pleased to tured a strong sense of community re- as follows: sponsor a congressional staff briefing sponsibility, and the congregation has A bill (S. 493) to amend section 1029 of title which unveiled a report written by embraced the role of the synagogue, as 18, United States Code, with respect to cel- economist John Mueller of the with any house of religious faith, as a lular telephone cloning paraphernalia. November 10, 1997 CONGRESSIONAL RECORD — SENATE S12485 The PRESIDING OFFICER. Is there for the purpose of protecting the property or On page 6, line 7, strike ‘‘(A)’’ and insert objection to the immediate consider- legal rights of that carrier, to use, produce, have ‘‘(i)’’ and indent accordingly. ation of the bill? custody or control of, or possess hardware or On page 6, line 11, strike ‘‘(B)’’ and insert ‘‘(ii)’’ and indent accordingly. There being no objection, the Senate software configured as described in that subsection (a)(9).’’. On page 6, line 14, strike ‘‘and’’. proceeded to consider the bill, which (2) DEFINITION OF FACILITIES-BASED CAR- On page 6, line 15, strike ‘‘(2)’’ and insert had been reported from the Committee RIER.—Section 1029(e) of title 18, United States ‘‘(B)’’ and indent accordingly. on the Judiciary, with an amendment Code, as amended by subsection (c) of this sec- On page 6, line 19, strike the punctuation to strike all after the enacting clause tion, is amended by adding at the end the fol- at the end and insert ‘‘; and’’. On page 6, between lines 19 and 20, insert and inserting in lieu thereof the follow- lowing: ‘‘(9) the term ‘facilities-based carrier’ means the following: ing: ‘‘(C) in any case, in addition to any other an entity that owns communications trans- SECTION 1. SHORT TITLE. punishment imposed or any other forfeiture mission facilities, is responsible for the operation This Act may be cited as the ‘‘Wireless Tele- required by law, forfeiture to the United and maintenance of those facilities, and holds phone Protection Act’’. States of any personal property used or in- an operating license issued by the Federal Com- tended to be used to commit, facilitate, or SEC. 2. FRAUD AND RELATED ACTIVITY IN CON- munications Commission under the authority of NECTION WITH COUNTERFEIT AC- promote the commission of the offense. title III of the Communications Act of 1934.’’. CESS DEVICES. ‘‘(2) APPLICABLE PROCEDURE.—The criminal (e) AMENDMENT OF FEDERAL SENTENCING (a) UNLAWFUL ACTS.—Section 1029(a) of title forfeiture of personal property subject to for- GUIDELINES FOR WIRELESS TELEPHONE 18, United States Code, is amended— feiture under paragraph (1)(C), any seizure CLONING.— (1) by redesignating paragraph (9) as para- and disposition thereof, and any administra- (1) IN GENERAL.—Pursuant to its authority graph (10); and tive or judicial proceeding in relation there- under section 994 of title 28, United States Code, (2) by striking paragraph (8) and inserting the to, shall be governed by subsections (c) and the United States Sentencing Commission shall following: (e) through (p) of section 413 of the Con- review and amend the Federal sentencing guide- ‘‘(8) knowingly and with intent to defraud trolled Substances Act (21 U.S.C. 853).’’. lines and the policy statements of the Commis- uses, produces, traffics in, has control or cus- sion, if appropriate, to provide an appropriate Mr. HATCH. Mr. President, I rise to tody of, or possesses a scanning receiver; penalty for offenses involving the cloning of urge my colleagues to support S. 493, ‘‘(9) knowingly uses, produces, traffics in, has wireless telephones (including offenses involving the Wireless Telephone Protection Act. control or custody of, or possesses hardware or an attempt or conspiracy to clone a wireless software, knowing it has been configured for al- This important bill will close a glaring telephone). tering or modifying a telecommunications in- gap in the protection afforded by fed- (2) FACTORS FOR CONSIDERATION.—In carrying strument so that such instrument may be used eral law to cellular telephone commu- out this section, the Commission shall consider, to obtain unauthorized access to telecommuni- nications. with respect to the offenses described in para- cations services; or’’. Law enforcement is alarmed by the graph (1)— (b) PENALTIES.— (A) the range of conduct covered by the of- increasingly prevalent practice of (1) GENERALLY.—Section 1029(c) of title 18, ‘‘cloning’’ cellular phones. Essentially, United States Code, is amended to read as fol- fenses; (B) the existing sentence for the offenses; criminals operating scanners from the lows: (C) the extent to which the value of the loss ‘‘(c) PENALTIES.—The punishment for an of- roadside or from buildings near urban caused by the offenses (as defined in the Fed- fense under subsection (a) section is— freeways, copy identifying numbers for ‘‘(1) in the case of an offense that does not eral sentencing guidelines) is an adequate meas- cellular phones. Using the data they occur after a conviction for another offense ure for establishing penalties under the Federal obtain, these criminals alter other under this section that has become final and sentencing guidelines; (D) the extent to which sentencing enhance- phones to access the accounts tied to that was committed on a separate prior occa- ments within the Federal sentencing guidelines the phone whose data was scanned, sion. and the court’s authority to impose a sentence thus creating so-called ‘‘clone phones’’. ‘‘(A) if the offense is under paragraph (2), (3), They then either sell these phones, or (6), (7), or (10) of subsection (a), a fine under in excess of the applicable guideline range are this title or imprisonment for not more than 10 adequate to ensure punishment at or near the use the clone phones themselves for years, or both; and maximum penalty for the most egregious con- criminal purposes. These phones are ‘‘(B) if the offense is under paragraph (1), (4), duct covered by the offenses; used for several weeks or months, until (5), (8), or (9), of subsection (a), a fine under (E) the extent to which the Federal sentencing the legitimate customer notices the this title or imprisonment for not more than 15 guideline sentences for the offenses have been constrained by statutory maximum penalties; fraud when he or she gets the bill for years, or both; and phone service accessed by the clone ‘‘(2) in the case of an offense that occurs after (F) the extent to which Federal sentencing guildlines for the offenses adequately achieve phone. a conviction for another offense under this sec- The effects of these criminal schemes tion, that has become final and that was com- the purposes of sentencing set forth in section mitted on a separate prior occasion, that has a 3553(a)(2) of title 18, United States Code; are twofold. First, this crime steals fine under this title or imprisonment for not (G) the relationship of Federal sentencing cellular service from the phone compa- more than 20 years, or both.’’. guidelines for the offenses to the Federal sen- nies, which typically credit legitimate tencing guidelines for other offenses of com- (2) ATTEMPTS.—Section 1029(b)(1) of title 18, customers’ accounts when alerted to United States Code, is amended by striking parable seriousness; and the fraud. Second, the use of clone ‘‘punished as provided in subsection (c) of this (H) any other factor that the Commission considereds to be appropriate. phones masks other criminal conduct section’’ and inserting ‘‘subject to the same pen- by making criminal’s calls difficult, if AMENDMENT NO. 1634 alties as those prescribed for the offense at- not impossible, to trace. S. 493, spon- tempted’’. (Purpose: To make an amendment relating sored by Senator KYL, helps close this (c) DEFINITION OF SCANNING RECEIVER.—Sec- to forfeiture to the United States of any tion 1029(e) of title 18, United States Code, is real or personal property used or intended gap in the law by making it a federal amended— to be used to commit, facilitate, or pro- crime to own or use the software or (1) in paragraph (6), by striking ‘‘and’’ at the mote the commission of certain offense.) hardware needed to clone cell phones. end; Mr. LOTT. Senator HATCH has an I also urge my colleagues to support (2) in paragraph (7)— amendment at the desk. I ask for its an amendment to this bill, to ensure (A) by striking ‘‘The’’ and inserting ‘‘the’’; consideration. the confiscation of the equipment used and to violate this law, and commit other (B) by striking the period at the end and in- The PRESIDING OFFICER. The serting a semicolon; and clerk will report. frauds related to access devices. Pres- (3) in paragraph (8), by striking the period at The assistant legislative clerk read ently, persons convicted of committing the end and inserting ‘‘or to intercept an elec- as follows: access device fraud under section 1029 tronic serial number, mobile identification num- of title 18 forfeit to the government the The Senator from Mississippi [Mr. LOTT], ber, or other identifier of any telecommuni- for Mr. HATCH, proposes an amendment num- proceeds of their crime. However, there cations service, equipment, or instrument; and’’. bered 1634. is no provision ensuring that the com- (d) APPLICABILITY OF NEW SECTION The amendment is as follows: puters, hardware, software, and other 1029(a)(9).— equipment used to commit the crime is (1) IN GENERAL.—Section 1029 of title 18, Unit- On page 6, line 1, strike ‘‘The punishment’’ ed States Code, is amended by adding at the end and insert the following: forfeited, as well. My amendment to the following: ‘‘(1) IN GENERAL.—The punishment’’. this bill corrects this. ‘‘(g) It is not a violation of subsection (a)(9) On page 6, line 2, strike ‘‘section’’. My amendment includes in the pen- for an officer, employee, or agent of, or a person On page 6, line 3, strike ‘‘(1)’’ and insert alties for a violation of 18 U.S.C. 1029, under contract with, a facilities-based carrier, ‘‘(A)’’ and indent accordingly. the forfeiture of any personal property S12486 CONGRESSIONAL RECORD — SENATE November 10, 1997 used to commit, facilitate, or promote Be it enacted by the Senate and House of Rep- (d) APPLICABILITY OF NEW SECTION the commission of the violation. I note resentatives of the United States of America in 1029(a)(9).— for my colleagues that my amendment Congress assembled, (1) IN GENERAL.—Section 1029 of title 18, only addresses criminal forfeiture, so S. 493 United States Code, is amended by adding at the end the following: SECTION 1. SHORT TITLE. there must be a conviction for the as- ‘‘(g) It is not a violation of subsection This Act may be cited as the ‘‘Wireless sets to be seized. Second, my amend- (a)(9) for an officer, employee, or agent of, or Telephone Protection Act’’. ment only permits the forfeiture of a person under contract with, a facilities- personal property used to commit the SEC. 2. FRAUD AND RELATED ACTIVITY IN CON- based carrier, for the purpose of protecting NECTION WITH COUNTERFEIT AC- offense—mainly, equipment. Houses, CESS DEVICES. the property or legal rights of that carrier, to use, produce, have custody or control of, other buildings, or land could not be (a) UNLAWFUL ACTS.—Section 1029(a) of subject to forfeiture under this provi- title 18, United States Code, is amended— or possess hardware or software configured sion. (1) by redesignating paragraph (9) as para- as described in that subsection (a)(9): Pro- Mr. President, it is important that graph (10); and vided, That if such hardware or software is we close the gaps in the law that per- (2) by striking paragraph (8) and inserting used to obtain access to telecommunications service provided by another facilities-based mit criminals to brazenly sell and use the following: ‘‘(8) knowingly and with intent to defraud carrier, such access is authorized.’’. equipment to steal cellular phone serv- (2) DEFINITION OF FACILITIES-BASED CAR- ice and evade law enforcement. It is uses, produces, traffics in, has control or custody of, or possesses a scanning receiver; RIER.—Section 1029(e) of title 18, United equally important to get this equip- ‘‘(9) knowingly uses, produces, traffics in, States Code, as amended by subsection (c) of ment off the streets. I urge my col- has control or custody of, or possesses hard- this section, is amended by adding at the end leagues to support my amendment and ware or software, knowing it has been con- the following: the underlying bill. figured for altering or modifying a tele- ‘‘(9) the term ‘facilities-based carrier’ Mr. LOTT. I ask consent that the communications instrument so that such in- means an entity that owns communications amendment be considered as read and strument may be used to obtain unauthor- transmission facilities, is responsible for the agreed to. ized access to telecommunications services; operation and maintenance of those facili- or’’. ties, and holds an operating license issued by The PRESIDING OFFICER. Without the Federal Communications Commission objection, it is so ordered. (b) PENALTIES.— (1) GENERALLY.—Section 1029(c) of title 18, under the authority of title III of the Com- The amendment (No. 1634) was agreed munications Act of 1934.’’. to. United States Code, is amended to read as follows: (e) AMENDMENT OF FEDERAL SENTENCING AMENDMENT NO 1635 . ‘‘(c) PENALTIES.—(1) IN GENERAL.—The pun- GUIDELINES FOR WIRELESS TELEPHONE (Purpose: To make technical amendments) ishment for an offense under subsection (a) CLONING.— Mr. LOTT. I understand Senator KYL is— (1) IN GENERAL.—Pursuant to its authority has an amendment at the desk. I ask ‘‘(A) in the case of an offense that does not under section 994 of title 28, United States for its consideration. occur after a conviction for another offense Code, the United States Sentencing Commis- The PRESIDING OFFICER. The under this section, which conviction has be- sion shall review and amend the Federal sentencing guidelines and the policy statements clerk will report. come final— ‘‘(i) if the offense is under paragraph (3), of the Commission, if appropriate, to provide The assistant legislative clerk read an appropriate penalty for offenses involving as follows: (6), (7), or (10) of subsection (a), a fine under this title or imprisonment for not more than the cloning of wireless telephones (including The Senator from Mississippi [Mr. LOTT], 10 years, or both; and offenses involving an attempt or conspiracy for Mr. KYL, proposes an amendment num- ‘‘(ii) if the offense is under paragraph (1), to clone a wireless telephone). bered 1635. (2), (4), (5), (8), or (9), of subsection (a), a fine (2) FACTORS FOR CONSIDERATION.—In carry- The amendment is as follows: under this title or imprisonment for not ing out this subsection, the Commission On page 6, line 5, strike ‘‘that has become more than 15 years, or both; shall consider, with respect to the offenses final and that was committed on a separate ‘‘(B) in the case of an offense that occurs described in paragraph (1)— prior occasion,’’ and inert ‘‘, which convic- after a conviction for another offense under (A) the range of conduct covered by the of- tion has become final—’’. this section, which conviction has become fenses; On page 6, line 7, strike ‘‘(2),’’. final, a fine under this title or imprisonment (B) the existing sentences for the offenses; On page 6, line 11, strike ‘‘(1),’’ and insert for not more than 20 years, or both; and (C) the extent to which the value of the ‘‘(1), (2),’’. ‘‘(C) in any case, in addition to any other loss caused by the offenses (as defined in the On page 6, beginning on line 16, strike punishment imposed or any other forfeiture Federal sentencing guidelines) is an ade- ‘‘that has become final and that was com- required by law, forfeiture to the United quate measure for establishing penalties mitted on a separate prior occasion, that States of any personal property used or in- under the Federal sentencing guidelines; has’’ and insert ‘‘which conviction has be- tended to be used to commit, facilitate, or (D) the extent to which sentencing en- come final,’’. promote the commission of the offense. hancements within the Federal sentencing On page 7, line 24, after ‘‘subsection (a)(9)’’ ‘‘(2) APPLICABLE PROCEDURE.—The criminal guidelines and the court’s authority to im- insert ‘‘, provided that if such hardware or forfeiture of personal property subject to for- pose a sentence in excess of the applicable software is used to obtain access to tele- feiture under paragraph (1)(C), any seizure guideline range are adequate to ensure pun- communications service provided by another and disposition thereof, and any administra- ishment at or near the maximum penalty for facilities-based carrier, such access is au- tive or judicial proceeding in relation there- the most egregious conduct covered by the thorized’’. to, shall be governed by subsections (c) and offenses; Mr. LOTT. I ask unanimous consent (e) through (p) of section 413 of the Con- (E) the extent to which the Federal sen- the amendment be considered as read trolled Substances Act (21 U.S.C. 853).’’. tencing guideline sentences for the offenses and agreed to. (2) ATTEMPTS.—Section 1029(b)(1) of title have been constrained by statutory maxi- The PRESIDING OFFICER. Without 18, United States Code, is amended by strik- mum penalties; ing ‘‘punished as provided in subsection (c) of (F) the extent to which Federal sentencing objection, it is so ordered. guidelines for the offenses adequately The amendment (No. 1635) was agreed this section’’ and inserting ‘‘subject to the same penalties as those prescribed for the of- achieve the purposes of sentencing set forth to. in section 3553(a)(2) of title 18, United States Mr. LOTT. I ask unanimous consent fense attempted’’. (c) DEFINITION OF SCANNING RECEIVER.— Code; the committee amendment, as amend- Section 1029(e) of title 18, United States (G) the relationship of Federal sentencing ed, be agreed to, the bill be considered Code, is amended— guidelines for the offenses to the Federal read a third time and passed as amend- (1) in paragraph (6), by striking ‘‘and’’ at sentencing guidelines for other offenses of ed, the motion to reconsider be laid the end; comparable seriousness; and upon the table, and that any state- (2) in paragraph (7)— (H) any other factors that the Commission considers to be appropriate. ments relating to the bill be printed in (A) by striking ‘‘The’’ and inserting ‘‘the’’; and the RECORD. Mr. KYL. Mr. President, I am grati- The PRESIDING OFFICER. Without (B) by striking the period at the end and fied that S. 493, the Cellular Telephone inserting a semicolon; and objection, it is so ordered. Protection Act, which would make it (3) in paragraph (8), by striking the period easier for Federal law enforcement to The committee amendment, as at the end and inserting ‘‘or to intercept an amended, was agreed to. electronic serial number, mobile identifica- stop cell phone cloning, has unani- The bill (S. 493), as amended, was tion number, or other identifier of any tele- mously been approved by the Senate. I considered read the third time and communications service, equipment, or in- expect that the bill will soon pass the passed, as follows: strument; and’’. House of Representatives, and be November 10, 1997 CONGRESSIONAL RECORD — SENATE S12487 signed into law by the President. S. 493 or sell the ‘‘copycat boxes’’ for cloning tion to reconsider be laid upon the is the first in a series of anticrime ini- a wireless telephone or its electronic table, and any statements relating to tiatives I introduced that are aimed at serial number. the bill be printed in the RECORD. modernizing U.S. law to reflect For S. 493 to apply, a prosecutor The PRESIDING OFFICER. Without changes in technology. would need to prove that an individual objection, it is so ordered. It is estimated that the cellular tele- ‘‘knowingly uses, produces, traffics in, The bill (H.R. 1840) was considered communications industry lost $650 mil- has control or custody of, or possesses read the third time and passed. lion due to fraud in 1995, much of it as hardware or software, knowing it has f a result of cloning. Cloned phones are been configured for altering or modify- ALLOWING REVISION OF VETER- popular among the most vicious crimi- ing a telecommunications instrument ANS BENEFITS DECISIONS nal element. The feature story from so that such instrument may be used to BASED ON CLEAR AND UNMIS- the July/August edition of Time Digi- obtain unauthorized access to tele- TAKABLE ERROR tal, ‘‘Lethal Weapon: How Your Cell communications services.’’ Someone Phone Became Gangland’s Favorite who does not know that a tele- Mr. LOTT. I ask unanimous consent Gadget’’ quotes James Kallstrom, head communications device has been al- that the Veterans Committee be dis- of the FBI’s New York office as describ- tered to modify a telecommunications charged from further consideration of ing cloners as ‘‘hard-core criminals, instrument would not be criminally H.R. 1090, and, further, the Senate proceed to its immediate consideration. child pornographers and pedophiles liable under this section. The PRESIDING OFFICER. The * * * violent criminals who use tech- To be clear, except for law enforce- clerk will report. nology to avoid the law.’’ ment and telecommunication carriers, The assistant legislative clerk read On September 11, Representative there is no legitimate purpose for as follows: BILL MCCOLLUM, chairman of the House which to possess equipment used to Judiciary Crime Subcommittee, held a A bill (H.R. 1090) to amend title 38, United modify cellular phones. Representa- States Code, to allow the revision of Veter- very useful hearing on cellular phone tives from the Secret Service, DEA, ans benefits decisions based on clear and un- cloning. The hearing discussed legisla- and FBI testified to this point at the mistakable error. tive proposals to combat cellular phone cellular fraud hearing. As Special The PRESIDING OFFICER. Is there fraud. Representatives of the Secret Agent Stenger put it, ‘‘There is no le- objection to the immediate consider- Service, FBI, and DEA all testified gitimate use for the equipment such as ation of the bill? that legislation resembling S. 493 that designed to alter the electronic se- There being no objection, the Senate would be helpful in thwarting cell rial numbers in wireless telephones.’’ proceeded to consider the bill. phone cloning. The removal of the ‘‘intent to de- Mrs. MURRAY. Mr. President, I rise The hearing revealed that cloned fraud’’ language in 18 U.S.C. 1029 only to encourage the Senate to adopt H.R. phones have become a staple of the applies to the possession and use of the 1090. This legislation is identical to my major drug trafficking organizations. hardware and software configured to bill, S. 464, to address the issue of clear Anthony R. Bocchichio, of the DEA alter telecommunications instruments. and unmistakable error. S. 464 was stated that, ‘‘[International drug traf- This narrowly targeted proposal does unanimously reported by the Veterans’ ficking organizations] utilize their vir- not apply to those who are in the pos- Affairs Committee on which I proudly tually unlimited wealth to purchase session of cloned phones. Nor does it serve. I want to extend my thanks to the most sophisticated electronic apply to those in the possession of both the chairman and ranking mem- equipment available on the market to scanning receivers, which do have some ber of our committee for moving this facilitate their illegal activities. We legitimate uses. important legislation in a timely and have begun to see that this includes The Senate bill enjoys broad biparti- bipartisan manner . widespread use of cloned cellular tele- san support. Senators CLELAND, Importantly, this legislation has phones.’’ DEWINE, DORGAN, DURBIN, GORTON, been adopted by the House in three The Secret Service—the Federal HELMS, LOTT, MIKULSKI, and THURMOND consecutive Congresses. Congressman agency charged with investigating have cosponsored S. 493. And a biparti- LANE EVANS has long championed this cloning offenses—has doubled the num- san House companion bill (H.R. 2460) legislation; I commend him for his per- ber of arrests in the area of wireless has been introduced by Representatives sistent and determined leadership. This telecommunications fraud every year SAM JOHNSON, BILL MCCOLLUM, and legislation has also long been a prior- since 1991, with 800 individuals charged CHARLES SCHUMER. ity issue to the Disabled American for their part in the cloning of cellular I am hopeful that my colleagues will Vetetans. It has been a pleasure for me phones last year. While the cell phone join in supporting this important piece to work with the DAV here in Washing- law (18 U.S.C. 1029) has been useful in of legislation. ton, DC and with local DAV represent- prosecuting some cloners, the statute f atives in Washington State. has not functioned well in stopping Clear and unmistakable errors are er- those who manufacture and distribute LAW ENFORCEMENT TECHNOLOGY rors that have deprived and continue to cloning devices. ADVERTISEMENT CLARIFICA- deprive veterans of benefits for which In testimony before Mr. MCCOLLUM’s TION ACT OF 1997 their entitlement is undeniable. The Crime Subcommittee, Michael C. Mr. LOTT. Mr. President, I ask unan- status quo denies benefits to a small Stenger of the U.S. Secret Service imous consent the Judiciary Commit- number of veterans who are legally en- stressed the need to revise our current tee be discharged from further consid- titled to the benefits in question. To cell phone statute: eration of H.R. 1840 and the Senate pro- deny a veteran a legally entitled bene- Due to the fact that the statute presently ceed to its immediate consideration. fit due to a bureaucratic error or other requires the proof of ‘‘intent to defraud’’ to The PRESIDING OFFICER. The mistake is beyond comprehension in charge the violation, the distributors of the clerk will report. my mind. cloning equipment have become elusive tar- The assistant legislative clerk read In recent months, I’ve handled sev- gets. These distributors utilize disclaimers eral cases with the Department of Vet- in their advertising mechanisms aimed at as follows: avoiding a finding of fraudulent intent. This A bill (H.R. 1840) to provide a law enforce- erans Affairs that directly involved allows for the continued distribution of the ment exception to the prohibition on the ad- clear and unmistakable error. In one equipment permitting all elements of the vertising of certain electronic devices. case, a veteran with a serious shoulder criminal arena to equip themselves with The PRESIDING OFFICER. Is there injury dating back to the Vietnam war free, anonymous phone service. objection to the immediate consider- was rated incorrectly for more than 20 Consistent with Mr. Stenger’s rec- ation of the bill? years. In another case, a veteran with ommendation, the Cellular Telephone There being no objection, the Senate PTSD also dating to service in Viet- Protection Act provides that—except proceeded to consider the bill. nam was misdiagnosed for a lengthy for law enforcement and telecommuni- Mr. LOTT. Mr. President, I ask unan- period affecting his disability rating cations carriers—there is no lawful imous consent the bill be considered and benefits and the treatment he re- purpose for which to possess, produce, read a third time and passed, the mo- ceived. My legislation seeks to correct S12488 CONGRESSIONAL RECORD — SENATE November 10, 1997 this. I believe that we must make Strike out all after the enacting clause and shall apply with respect to applications for in- available every opportunity to right a insert: terment or memorialization made on or after the wrong on behalf of a veteran. SECTION 1. DENIAL OF ELIGIBILITY FOR INTER- date of the enactment of this Act. To the VA’s credit, some cases of MENT OR MEMORIALIZATION IN SEC. 2. CONDITION ON GRANTS TO STATE-OWNED CERTAIN CEMETERIES OF PERSONS clear and unmistakable error are re- VETERAN CEMETERIES. COMMITTING FEDERAL CAPITAL Section 2408 of title 38, United States Code, is versible but it depends on where the CRIMES. amended— veteran is in the VA process. S. 464 and (a) PROHIBITION AGAINST INTERMENT OR ME- (1) by redesignating subsection (d) as sub- H.R. 1090 will codify the VA’s current MORIALIZATION IN CERTAIN FEDERAL CEME- section (e); and regulatory authority to review ratings TERIES.—Chapter 24 of title 38, United States (2) by inserting after subsection (c) the follow- Code, is amended by adding at the end the fol- ing new subsection: decision based on claim of clear and lowing new section: unmistakable error. ‘‘(d)(1) In addition to the conditions specified Unfortunately, some cases of clear ‘‘§ 2411. Prohibition against interment or me- in subsections (b) and (c), any grant made on or morialization in the National Cemetery Sys- after the date of the enactment of this sub- and unmistakable error no longer offer tem or Arlington National Cemetery of per- section to a State under this section to assist recourse to the veteran. S. 464 and H.R. sons committing Federal or State capital such State in establishing, expanding, or im- 1090 will allow a veteran to request crimes proving a veterans’ cemetery shall be made on that the Board of Veterans’ Appeals re- ‘‘(a)(1) In the case of a person described in the condition described in paragraph (2). view its prior decision based on a claim subsection (b), the appropriate Federal official ‘‘(2) For purposes of paragraph (1), the condi- of clear and unmistakable error. A vet- may not— tion described in this paragraph is that, after eran would also have the opportunity ‘‘(A) inter the remains of such person in a the date of the receipt of the grant, such State to challenge the Board of Veterans’ Ap- cemetery in the National Cemetery System or in prohibit the interment or memorialization in Arlington National Cemetery; or that cemetery of a person described in section peals decision at the Court of Veterans’ ‘‘(B) honor the memory of such person in a 2411(b) of this title, subject to the receipt of no- Appeals. memorial area in a cemetery in the National tice described in subsection (a)(2) of such sec- The Congressional Budget Office has Cemetery System (described in section 2403(a) of tion, except that for purposes of this sub- determined that this legislation is this title) or in such an area in Arlington Na- section— budget neutral. This legislation will tional Cemetery (described in section 2409(a) of ‘‘(A) such notice shall be furnished to an ap- not require additional resources for the this title). propriate official of such State; and VA or take needed resources from ‘‘(2) The prohibition under paragraph (1) ‘‘(B) a finding described in subsection (b)(3) of other VA programs or benefits. shall not apply unless written notice of a con- such section shall be made by an appropriate of- So often we in Congress talk about viction or finding under subsection (b) is re- ficial of such State.’’. ceived by the appropriate Federal official before Amend the title so as to read ‘‘An Act to providing for veterans or about meet- such official approves an application for the in- amend title 38, United States Code, to pro- ing our obligations to veterans. That is terment or memorialization of such person. Such hibit interment or memorialization in cer- what this bill is all about; it gives a written notice shall be furnished to such official tain cemeteries of persons committing Fed- veteran the right to request a review by the Attorney General, in the case of a Fed- eral or State capital crimes.’’. rather than subjecting an ailing vet to eral capital crime, or by an appropriate State of- Mr. LOTT. Mr. President, I move a sometimes faceless bureaucracy hesi- ficial, in the case of a State capital crime. that the Senate concur in the amend- tant to correct its mistakes. In passing ‘‘(b) A person referred to in subsection (a) is any of the following: ments of the House. this legislation, the Senate will stand ‘‘(1) A person who has been convicted of a The PRESIDING OFFICER. The with veterans that have been deprived Federal capital crime for which the person was question is on agreeing to the motion. of benefits for which their entitlement sentenced to death or life imprisonment. The motion was agreed to. is undeniable. ‘‘(2) A person who has been convicted of a Mr. LOTT. Mr. President, I ask the Many veterans have waited decades State capital crime for which the person was Chair lay before the Senate a message for this day. The Senate should end sentenced to death or life imprisonment without from the House of Representatives on this wait now with a strong vote. A parole. the bill (S. 714) to extend and improve ‘‘(3) A person who— strong vote will also send a message to ‘‘(A) is found (as provided in subsection (c)) to the Native American Veteran Housing President Clinton. In closing, I call have committed a Federal capital crime or a Loan Pilot Program of the Department upon President Clinton to bring this State capital crime, but of Veterans Affairs, to extend certain legislative effort to a successful con- ‘‘(B) has not been convicted of such crime by authorities of the Secretary of Veter- clusion; to join us all to ensure that reason of such person not being available for ans Affairs relating to services for the system errs on behalf of a deserv- trial due to death or flight to avoid prosecution. homeless veterans, to extend certain ing veteran rather than the Federal ‘‘(c) A finding under subsection (b)(3) shall be made by the appropriate Federal official. Any other authorities of the Secretary, and Government. such finding may only be made based upon a for other purposes. Mr. LOTT. I ask unanimous consent showing of clear and convincing evidence, after The PRESIDING OFFICER laid be- the bill be considered read a third time an opportunity for a hearing in a manner pre- fore the Senate the following message and passed, the motion to reconsider be scribed by the appropriate Federal official. from the House of Representatives: laid upon the table, and any state- ‘‘(d) For purposes of this section: Resolved, That the bill from the Senate (S. ments relating to the bill be printed in ‘‘(1) The term ‘Federal capital crime’ means 714) entitled ‘‘An Act to extend and improve the RECORD. an offense under Federal law for which the the Native American Veteran Housing Loan The PRESIDING OFFICER. Without death penalty or life imprisonment may be im- Pilot Program of the Department of Veter- posed. ans Affairs, to extend certain authorities of objection, it is so ordered. ‘‘(2) The term ‘State capital crime’ means, the Secretary of Veterans Affairs relating to The bill (H.R. 1090) was considered under State law, the willful, deliberate, or pre- services for homeless veterans, to extend read the third time and passed. meditated unlawful killing of another human certain other authorities of the Secretary, f being for which the death penalty or life impris- and for other purposes.’’, do pass with the onment without parole may be imposed. following amendments: VETERANS’ BENEFITS DENIAL ACT ‘‘(3) The term ‘appropriate Federal official’ Strike out all after the enacting clause and OF 1997 means— insert: Mr. LOTT. Mr. President, I ask the ‘‘(A) the Secretary, in the case of the National SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Chair lay before the Senate a message Cemetery System; and (a) SHORT TITLE.—This Act may be cited as from the House of Representatives on ‘‘(B) the Secretary of the Army, in the case of Arlington National Cemetery.’’. the ‘‘Veterans’ Benefits Act of 1997’’. (S. 923) to deny veterans benefits to (b) CLERICAL AMENDMENT.—The table of sec- (b) TABLE OF CONTENTS.—The table of con- persons convicted of Federal capital of- tions at the beginning of chapter 24 of such title tents of this Act is as follows: fenses. is amended by adding at the end the following Sec. 1. Short title; table of contents. The PRESIDING OFFICER laid be- new item: Sec. 2. References to title 38, United States fore the Senate the following message ‘‘2411. Prohibition against interment or memori- Code. from the House of Representatives: alization in the National Ceme- TITLE I—EQUAL EMPLOYMENT OPPOR- Resolved, That the bill from the Senate (S. tery System or Arlington National TUNITY PROCESS IN THE DEPARTMENT 923) entitled ‘‘An Act to deny veterans bene- Cemetery of persons committing OF VETERANS AFFAIRS fits to persons convicted of Federal capital Federal or State capital crimes.’’. Sec. 101. Equal employment responsibilities. offenses.’’, do pass with the following amend- (c) EFFECTIVE DATE.—Section 2411 of title 38, Sec. 102. Discrimination complaint adjudication ments: United States Code, as added by subsection (a), authority. November 10, 1997 CONGRESSIONAL RECORD — SENATE S12489 Sec. 103. Assessment and review of Department a facility of the Department shall not be subject other, unrelated functions may not exceed 40 of Veterans Affairs employment to the authority, direction, and control of the full-time equivalent employees. Any such em- discrimination complaint resolu- Director of the facility with respect to those ployee may be assigned equal employment op- tion system. functions. portunity counseling functions only at Depart- TITLE II—EXTENSION AND IMPROVEMENT ‘‘(c) The Secretary shall ensure that all em- ment facilities in remote geographic locations OF AUTHORITIES ployees of the Department receive adequate edu- (as determined by the Secretary). The Secretary cation and training for the purposes of this sec- may waive the limitation in the preceding sen- Sec. 201. Native American Veteran Housing tion and section 319 of this title. tence in specific cases. Loan Program. ‘‘(d) The Secretary shall, when appropriate, ‘‘(h) The provisions of this section shall be im- Sec. 202. Treatment and rehabilitation for seri- impose disciplinary measures, as authorized by plemented in a manner consistent with proce- ously mentally ill and homeless law, in the case of employees of the Department dures applicable under regulations prescribed by veterans. who engage in unlawful employment discrimina- the Equal Employment Opportunity Commis- Sec. 203. Extension of certain authorities relat- tion, including retaliation against an employee sion.’’. ing to homeless veterans. asserting rights under an equal employment op- (2) The table of sections at the beginning of Sec. 204. Annual report on assistance to home- portunity law. such chapter is amended by inserting after the less veterans. ‘‘(e)(1)(A) Not later than 30 days after the end item relating to section 515 the following new Sec. 205. Expansion of authority for enhanced- of each calendar quarter, the Assistant Sec- item: use leases of Department of Veter- retary for Human Resources and Administration ans Affairs real property. ‘‘516. Equal employment responsibilities.’’. shall submit to the Committees on Veterans’ Af- Sec. 206. Permanent authority to furnish non- (b) REPORTS.—(1) The Secretary of Veterans fairs of the Senate and House of Representatives institutional alternatives to nurs- Affairs shall submit to Congress reports on the a report summarizing the employment discrimi- ing home care. implementation and operation of the equal em- nation complaints filed against the individuals Sec. 207. Extension of Health Professional ployment opportunity system within the Depart- referred to in paragraph (2) during such quar- Scholarship Program. ment of Veterans Affairs. The first such report ter. Sec. 208. Policy on breast cancer mammog- shall be submitted not later than April 1, 1998, ‘‘(B) Subparagraph (A) shall apply in the case raphy. and subsequent reports shall be submitted not of complaints filed against individuals on the Sec. 209. Persian Gulf War veterans. later than January 1, 1999, and January 1, 2000. basis of such individuals’ personal conduct and Sec. 210. Presidential report on preparations for (2) The first report under paragraph (1) shall shall not apply in the case of complaints filed a national response to medical set forth the actions taken by the Secretary to solely on the basis of such individuals’ positions emergencies arising from the ter- implement section 516 of title 38, United States as officials of the Department. rorist use of weapons of mass de- Code, as added by subsection (a), and other ac- ‘‘(2) Paragraph (1) applies to the following of- struction. tions taken by the Secretary in relation to the ficers and employees of the Department: equal employment opportunity system within TITLE III—MAJOR MEDICAL FACILITY ‘‘(A) The Secretary. the Department of Veterans Affairs. PROJECTS CONSTRUCTION AUTHORIZA- ‘‘(B) The Deputy Secretary of Veterans Af- (3) The subsequent reports under paragraph TION fairs. (1) shall set forth, for each equal employment Sec. 301. Authorization of major medical facil- ‘‘(C) The Under Secretary for Health and the opportunity field office of the Department and ity projects. Under Secretary for Benefits. for the Department as a whole, the following: Sec. 302. Authorization of major medical facil- ‘‘(D) Each Assistant Secretary of Veterans Af- (A) Any information to supplement the infor- ity leases. fairs and each Deputy Assistant Secretary of mation submitted in the report under paragraph Sec. 303. Authorization of appropriations. Veterans Affairs. (2) that the Secretary considers appropriate. TITLE IV—TECHNICAL AND CLARIFYING ‘‘(E) The Director of the National Cemetery (B) The number of requests for counseling re- AMENDMENTS System. lating to employment discrimination received ‘‘(F) The General Counsel of the Department. during the one-year period ending on the date Sec. 401. Technical amendments. ‘‘(G) The Chairman of the Board of Veterans’ of the report concerned. Sec. 402. Clarification of certain health care Appeals. (C) The number of employment discrimination authorities. ‘‘(H) The Chairman of the Board of Contract complaints received during such period. Sec. 403. Correction of name of medical center. Appeals of the Department. (D) The status of each complaint described in Sec. 404. Improvement to spina bifida benefits ‘‘(I) The director and the chief of staff of each subparagraph (C), including whether or not the for children of Vietnam veterans. medical center of the Department. complaint was resolved and, if resolved, whether SEC. 2. REFERENCES TO TITLE 38, UNITED ‘‘(J) The director of each Veterans Integrated the employee concerned sought review of the STATES CODE. Services Network. resolution by the Equal Employment Oppor- Except as otherwise expressly provided, when- ‘‘(K) The director of each regional office of tunity Commission or by Federal court. ever in this Act an amendment or repeal is ex- the Department. (E) The number of employment discrimination pressed in terms of an amendment to, or repeal ‘‘(L) Each program director of the Central Of- complaints that were settled during such period, of, a section or other provision, the reference fice of the Department. including— shall be considered to be made to a section or ‘‘(3) Each report under this subsection— (i) the type of such complaints; and other provision of title 38, United States Code. ‘‘(A) may not disclose information which iden- (ii) the terms of settlement (including any set- TITLE I—EQUAL EMPLOYMENT OPPOR- tifies the individuals filing, or the individuals tlement amount) of each such complaint. TUNITY PROCESS IN THE DEPARTMENT who are the subject of, the complaints con- (c) EFFECTIVE DATE.—Section 516 of title 38, OF VETERANS AFFAIRS cerned or the facilities at which the discrimina- United States Code, as added by subsection (a), tion identified in such complaints is alleged to shall take effect 90 days after the date of enact- SEC. 101. EQUAL EMPLOYMENT RESPONSIBIL- ment of this Act. Subsection (e) of that section ITIES. have occurred; ‘‘(B) shall summarize such complaints by type shall take effect with respect to the first quarter (a) IN GENERAL.—(1) Chapter 5 is amended by and by equal employment opportunity field of- of calendar year 1998. inserting at the end of subchapter I the follow- fice area in which filed; and SEC. 102. DISCRIMINATION COMPLAINT ADJU- ing new section: ‘‘(C) shall include copies of such complaints, DICATION AUTHORITY. ‘‘§ 516. Equal employment responsibilities with the information described in subparagraph (a) IN GENERAL.—(1) Chapter 3 is amended by ‘‘(a) The Secretary shall provide that the em- (A) redacted. adding at the end the following new section: ployment discrimination complaint resolution ‘‘(4) Not later than April 1 each year, the As- ‘‘§ 319. Office of Employment Discrimination system within the Department be established sistant Secretary shall submit to the committees Complaint Adjudication and administered so as to encourage timely and referred to in paragraph (1)(A) a report on the ‘‘(a)(1) There is in the Department an Office fair resolution of concerns and complaints. The complaints covered by paragraph (1) during the of Employment Discrimination Complaint Adju- Secretary shall take steps to ensure that the sys- preceding year, including the number of such dication. There is at the head of the Office a Di- tem is administered in an objective, fair, and ef- complaints filed during that year and the status rector. fective manner and in a manner that is per- and resolution of the investigation of such com- ‘‘(2) The Director shall be a career appointee ceived by employees and other interested parties plaints. in the Senior Executive Service. as being objective, fair, and effective. ‘‘(f) The Secretary shall ensure that an em- ‘‘(3) The Director reports directly to the Sec- ‘‘(b) The Secretary shall provide— ployee of the Department who seeks counseling retary or the Deputy Secretary concerning mat- ‘‘(1) that employees responsible for counseling relating to employment discrimination may elect ters within the responsibility of the Office. functions associated with employment discrimi- to receive such counseling from an employee of ‘‘(b)(1) The Director is responsible for making nation and for receiving, investigating, and the Department who carries out equal employ- the final agency decision within the Department processing complaints of employment discrimi- ment opportunity counseling functions on a on the merits of any employment discrimination nation shall be supervised in those functions by, full-time basis rather than from an employee of complaint filed by an employee, or an applicant and report to, an Assistant Secretary or a Dep- the Department who carries out such functions for employment, with the Department. The Di- uty Assistant Secretary for complaint resolution on a part-time basis. rector shall make such decisions in an impartial management; and ‘‘(g) The number of employees of the Depart- and objective manner. ‘‘(2) that employees performing employment ment whose duties include equal employment ‘‘(2) No person may make any ex parte com- discrimination complaint resolution functions at opportunity counseling functions as well as munication to the Director or to any employee S12490 CONGRESSIONAL RECORD — SENATE November 10, 1997 of the Office with respect to a matter on which in subsection (a)(3) and to the Secretary not ice organizations, and tribal organizations re- the Director has responsibility for making a later than June 1, 1998. garding the availability of such benefits. final agency decision. (c) REVIEW OF ADMINISTRATION OF SYSTEM.— ‘‘(E) Assisting tribal organizations and Native ‘‘(c) Whenever the Director has reason to be- (1) Under the agreement under subsection (a), American veterans in participating in the pilot lieve that there has been retaliation against an the entity shall monitor and review the adminis- program. employee by reason of the employee asserting tration by the Secretary of the employment dis- ‘‘(F) Outstationing loan guarantee specialists rights under an equal employment opportunity crimination complaint resolution system admin- in tribal facilities on a part-time basis if re- law, the Director shall report the suspected re- istered within the Department. quested by the tribal government.’’. taliatory action directly to the Secretary or Dep- (2) Under the agreement, the entity shall sub- (c) ANNUAL REPORTS.—Section 3762 is further uty Secretary, who shall take appropriate ac- mit to the committees referred to in subsection amended by adding at the end the following tion thereon. (a)(3) and to the Secretary a report on the re- new subsection: ‘‘(d)(1) The Office shall employ a sufficient sults of the review under paragraph (1) not later ‘‘(j) Not later than February 1 of each year number of attorneys and other personnel as are than June 1, 1999. The report shall include an through 2002, the Secretary shall transmit to the necessary to carry out the functions of the Of- assessment of the administration of the system, Committees on Veterans’ Affairs of the Senate fice. Attorneys shall be compensated at a level including the extent to which the system meets and House of Representatives a report relating commensurate with attorneys employed by the the objectives referred to in subsection (b)(1), to the implementation of the pilot program Office of the General Counsel. and the effectiveness of the following: under this subchapter during the fiscal year ‘‘(2) The Secretary shall ensure that the Di- (A) Programs to train and maintain a cadre of preceding the date of the report. Each such re- rector is furnished sufficient resources in addi- individuals who are competent to investigate port shall include the following: tion to personnel under paragraph (1) to enable claims relating to employment discrimination. ‘‘(1) The Secretary’s exercise during such fis- the Director to carry out the functions of the (B) Programs to train and maintain a cadre of cal year of the authority provided under sub- Office in a timely manner. individuals who are competent to provide coun- section (c)(1)(B) to make loans exceeding the ‘‘(3) The Secretary shall ensure that any per- seling to individuals who submit such claims. maximum loan amount. formance appraisal of the Director of the Office (C) Programs to provide education and train- ‘‘(2) The appraisals performed for the Sec- of Employment Discrimination Complaint Adju- ing to Department employees regarding their retary during such fiscal year under the author- dication or of any employee of the Office does rights and obligations under the equal employ- ity of subsection (d)(2), including a description not take into consideration the record of the Di- ment opportunity laws. of— rector or employee in deciding cases for or (D) Programs to oversee the administration of ‘‘(A) the manner in which such appraisals against the Department.’’. the system. were performed; (2) The table of sections at the beginning of (E) Programs to evaluate the effectiveness of ‘‘(B) the qualifications of the appraisers who such chapter is amended by adding at the end the system in meeting its objectives. performed such appraisals; and ‘‘(C) the actions taken by the Secretary with the following new item: (F) Other programs, procedures, or activities respect to such appraisals to protect the inter- ‘‘319. Office of Employment Discrimination Com- of the Department relating to the equal employ- ests of veterans and the United States. plaint Adjudication.’’. ment opportunity laws, including any alter- ‘‘(3) The outreach activities undertaken under (b) REPORTS ON IMPLEMENTATION.—The Direc- native dispute resolution procedures and infor- subsection (i) during such fiscal year, includ- tor of the Office of Employment Discrimination mal dispute resolution and settlement proce- ing— Complaint Adjudication of the Department of dures. ‘‘(A) a description of such activities on a re- Veterans Affairs (established by section 319 of (G) Any disciplinary measures imposed by the gion-by-region basis; and title 38, United States Code, as added by sub- Secretary on employees determined to have vio- ‘‘(B) an assessment of the effectiveness of section (a)) shall submit to the Secretary of Vet- lated the equal employment opportunity laws in such activities in encouraging the participation erans Affairs and to Congress reports on the im- preventing or deterring violations of such laws of Native American veterans in the pilot pro- plementation and the operation of that office. by other employees of the Department. gram. The first such report shall be submitted not later TITLE II—EXTENSION AND IMPROVEMENT ‘‘(4) The pool of Native American veterans than April 1, 1998, and subsequent reports shall OF AUTHORITIES who are eligible for participation in the pilot be submitted not later than January 1, 1999, and SEC. 201. NATIVE AMERICAN VETERAN HOUSING program, including— January 1, 2000. LOAN PROGRAM. ‘‘(A) a description and analysis of the pool, (c) EFFECTIVE DATE.—Section 319 of title 38, (a) EXTENSION OF PILOT PROGRAM.—Section including income demographics; United States Code, as added by subsection (a), 3761(c) is amended by striking out ‘‘September ‘‘(B) a description and assessment of the im- shall take effect 90 days after the date of enact- 30, 1997’’ and inserting in lieu thereof ‘‘Decem- pediments, if any, to full participation in the ment of this Act. ber 31, 2001’’. pilot program of the Native American veterans SEC. 103. ASSESSMENT AND REVIEW OF DEPART- (b) OUTREACH.—Section 3762(i) is amended— in the pool; and MENT OF VETERANS AFFAIRS EM- ‘‘(C) the impact of low-cost housing programs PLOYMENT DISCRIMINATION COM- (1) by inserting ‘‘(1)’’ after ‘‘(i)’’; (2) by inserting ‘‘, in consultation with tribal operated by the Department of Housing and PLAINT RESOLUTION SYSTEM. Urban Development and other Federal or State (a) AGREEMENT FOR ASSESSMENT AND RE- organizations (including the National Congress agencies on the demand for direct loans under VIEW.—(1) The Secretary of Veterans Affairs of American Indians and the National American Indian Housing Council),’’ after ‘‘The Secretary this section. shall seek to enter into an agreement with a ‘‘(5) The Secretary’s recommendations, if any, qualified private entity under which agreement shall’’; (3) by striking out ‘‘tribal organizations and’’; for additional legislation regarding the pilot the entity shall carry out the assessment de- program.’’. scribed in subsection (b) and the review de- and SEC. 202. TREATMENT AND REHABILITATION FOR scribed in subsection (c). (4) by adding at the end the following: ‘‘(2) Activities under the outreach program SERIOUSLY MENTALLY ILL AND (2) The Secretary shall include in the agree- HOMELESS VETERANS. ment provisions necessary to ensure that the en- shall include the following: (a) CODIFICATION AND REVISION OF PRO- tity carries out its responsibilities under the ‘‘(A) Attending conferences and conventions conducted by the National Congress of Amer- GRAMS.—Chapter 17 is amended by adding at agreement (including the exercise of its judg- the end the following new subchapter: ments concerning the assessment and review) in ican Indians in order to work with the National a manner free of influence from any source, in- Congress in providing information and training ‘‘SUBCHAPTER VII—TREATMENT AND RE- cluding the officials and employees of the De- to tribal organizations and Native American vet- HABILITATION FOR SERIOUSLY MEN- partment of Veterans Affairs. erans regarding the availability of housing ben- TALLY ILL AND HOMELESS VETERANS (3) The Secretary may not enter into the efits under the pilot program and in assisting ‘‘§ 1771. General treatment agreement until 15 days after the date on which such organizations and veterans in participat- ‘‘(a) In providing care and services under sec- the Secretary notifies the Committees on Veter- ing in the pilot program. tion 1710 of this title to veterans suffering from ans’ Affairs of the Senate and House of Rep- ‘‘(B) Attending conferences and conventions serious mental illness, including veterans who resentatives of the entity with which the Sec- conducted by the National American Indian are homeless, the Secretary may provide (di- retary proposes to enter into the agreement. Housing Council in order to work with the rectly or in conjunction with a governmental or (b) INITIAL ASSESSMENT OF SYSTEM.—(1) Housing Council in providing information and other entity)— Under the agreement under subsection (a), the training to tribal organizations and tribal hous- ‘‘(1) outreach services; entity shall conduct an assessment of the em- ing entities regarding the availability of such ‘‘(2) care, treatment, and rehabilitative serv- ployment discrimination complaint resolution benefits. ices (directly or by contract in community-based system administered within the Department of ‘‘(C) Attending conferences and conventions treatment facilities, including halfway houses); Veterans Affairs, including the extent to which conducted by the Department of Hawaiian and the system meets the objectives set forth in sec- Homelands in order to work with the Depart- ‘‘(3) therapeutic transitional housing assist- tion 516(a) of title 38, United States Code, as ment of Hawaiian Homelands in providing in- ance under section 1772 of this title, in conjunc- added by section 101. The assessment shall information and training to tribal housing entities tion with work therapy under subsection (a) or clude a comprehensive description of the system in Hawaii regarding the availability of such (b) of section 1718 of this title and outpatient as of the time of the assessment. benefits. care. (2) Under the agreement, the entity shall sub- ‘‘(D) Producing and disseminating informa- ‘‘(b) The authority of the Secretary under mit the assessment to the committees referred to tion to tribal governments, tribal veterans serv- subsection (a) expires on December 31, 2001. November 10, 1997 CONGRESSIONAL RECORD — SENATE S12491 ‘‘§ 1772. Therapeutic housing of Housing and Urban Development under this ‘‘(C) Employment. ‘‘(a) The Secretary, in connection with the section, the amount paid by the Secretary to ‘‘(D) Shelter. conduct of compensated work therapy programs, that Department for that property may not ex- ‘‘(E) Counseling. may operate residences and facilities as thera- ceed the amount that the Secretary of Housing ‘‘(F) Outreach services. peutic housing. and Urban Development would charge for the ‘‘(4) Each assessment shall also indicate the ‘‘(b) The Secretary may use such procurement sale of that property to a nonprofit organization extent to which the needs referred to in para- procedures for the purchase, lease, or other ac- or a State for use as a shelter for homeless per- graph (3) are being met adequately by the pro- quisition of residential housing for purposes of sons. Funds for such charge shall be derived grams of the Department, of other departments this section as the Secretary considers appro- from the General Post Fund. and agencies of the Federal Government, of ‘‘(f) The Secretary shall prescribe— priate to expedite the opening and operation of State and local governments, and of nongovern- ‘‘(1) a procedure for establishing reasonable transitional housing and to protect the interests mental organizations. payment rates for persons residing in transi- of the United States. ‘‘(5) Each assessment shall be carried out in ‘‘(c) A residence or other facility may be oper- tional housing; and ‘‘(2) appropriate limits on the period for which accordance with uniform procedures and guide- ated as transitional housing for veterans de- lines prescribed by the Secretary. scribed in paragraphs (1) and (2) of section such persons may reside in transitional housing. ‘‘(g) The Secretary may dispose of any prop- ‘‘(c) In furtherance of subsection (a), the Sec- 1710(a) of this title under the following condi- erty acquired for the purpose of this section. retary shall require the director of each medical tions: The proceeds of any such disposal shall be cred- center and the director of each regional benefits ‘‘(1) Only veterans described in those para- ited to the General Post Fund. office, in coordination with representatives of graphs and a house manager may reside in the ‘‘(h) Funds received by the Department under State and local governments, other Federal offi- residence or facility. this section shall be deposited in the General cials, and nongovernmental organizations that ‘‘(2) Each resident, other than the house man- Post Fund. The Secretary may distribute out of have experience working with homeless persons ager, shall be required to make payments that the fund such amounts as necessary for the ac- in the areas served by such facility or office, contribute to covering the expenses of board and quisition, management, maintenance, and dis- to— the operational costs of the residence or facility position of real property for the purpose of car- ‘‘(1) develop a list of all public and private for the period of residence in such housing. rying out such program. The Secretary shall programs that provide assistance to homeless ‘‘(3) In order to foster the therapeutic and re- manage the operation of this section so as to en- persons or homeless veterans in the area con- habilitative objectives of such housing (A) resi- sure that expenditures under this subsection for cerned, together with a description of the serv- dents shall be prohibited from using alcohol or any fiscal year shall not exceed by more than ices offered by those programs; any controlled substance or item, (B) any resi- $500,000 proceeds credited to the General Post ‘‘(2) seek to encourage the development by the dent violating that prohibition may be expelled Fund under this section. The operation of the representatives of such entities, in coordination from the residence or facility, and (C) each resi- program and funds received shall be separately with the director, of a plan to coordinate among dent shall agree to undergo drug testing or such accounted for, and shall be stated in the docu- such public and private programs the provision other measures as the Secretary shall prescribe ments accompanying the President’s budget for of services to homeless veterans; to ensure compliance with that prohibition. each fiscal year. ‘‘(4) In the establishment and operation of ‘‘(3) take appropriate action to meet, to the housing under this section, the Secretary shall ‘‘§ 1773. Additional services at certain loca- maximum extent practicable through existing consult with appropriate representatives of the tions programs and available resources, the needs of community in which the housing is established ‘‘(a) Subject to the availability of appropria- homeless veterans that are identified in the as- and shall comply with zoning requirements, tions, the Secretary shall operate a program sessment conducted under subsection (b); and building permit requirements, and other similar under this section to expand and improve the ‘‘(4) attempt to inform homeless veterans requirements applicable to other real property provision of benefits and services by the Depart- whose needs the director cannot meet under used for similar purposes in the community. ment to homeless veterans. paragraph (3) of the services available to such ‘‘(5) The residence or facility shall meet State ‘‘(b) The program shall include the establish- veterans within the area served by such center and community fire and safety requirements ap- ment of not fewer than eight programs (in addi- or office.’’. plicable to other real property used for similar tion to any existing programs providing similar (b) CONFORMING AMENDMENTS.—(1) Section purposes in the community in which the transi- services) at sites under the jurisdiction of the 1720A is amended— tional housing is located, but fire and safety re- Secretary to be centers for the provision of com- (A) by striking out subsections (a), (e), (f), quirements applicable to buildings of the Fed- prehensive services to homeless veterans. The and (g); and eral Government shall not apply to such prop- services to be provided at each site shall include (B) by redesignating subsections (b), (c), and erty. a comprehensive and coordinated array of those (d) as subsections (a), (b), and (c), respectively. ‘‘(d) The Secretary shall prescribe the quali- specialized services which may be provided (2) The heading of such section is amended to fications for house managers for transitional under existing law. read as follows: housing units operated under this section. The ‘‘(c) The program shall include the services of ‘‘§ 1720A. Treatment and rehabilitative serv- Secretary may provide for free room and subsist- such employees of the Veterans Benefits Admin- ices for persons with drug or alcohol de- ence for a house manager in addition to, or in- istration as the Secretary determines appro- pendency’’. stead of payment of, a fee for the services propriate at sites under the jurisdiction of the Sec- vided by the manager. retary at which services are provided to home- (c) CONFORMING REPEALS.—The following pro- ‘‘(e)(1) The Secretary may operate as transi- less veterans. visions are repealed: tional housing under this section— ‘‘(d) The program under this section shall ter- (1) Section 7 of Public Law 102–54 (38 U.S.C. ‘‘(A) any suitable residential property ac- minate on December 31, 2001. 1718 note). quired by the Secretary as the result of a default ‘‘§ 1774. Coordination with other agencies and (2) Section 107 of the Veterans’ Medical Pro- on a loan made, guaranteed, or insured under organizations grams Amendments of 1992 (38 U.S.C. 527 note). chapter 37 of this title; ‘‘(a) In assisting homeless veterans, the Sec- (3) Section 2 of the Homeless Veterans Com- ‘‘(B) any suitable space in a facility under the retary shall coordinate with, and may provide prehensive Service Programs Act of 1992 (38 jurisdiction of the Secretary that is no longer services authorized under this title in conjunc- U.S.C. 7721 note). being used (i) to provide acute hospital care, or tion with, State and local governments, other (4) Section 115 of the Veterans’ Benefits and (ii) as housing for medical center employees; appropriate departments and agencies of the Services Act of 1988 (38 U.S.C. 1712 note). and Federal Government, and nongovernmental or- (d) CLERICAL AMENDMENTS.—The table of sec- ‘‘(C) any other suitable residential property ganizations. tions at the beginning of chapter 17 is amend- purchased, leased, or otherwise acquired by the ‘‘(b)(1) The Secretary shall require the direc- ed— Secretary. tor of each medical center or the director of each (1) by striking out the item relating to section ‘‘(2) In the case of any property referred to in regional benefits office to make an assessment of 1720A and inserting in lieu thereof the follow- paragraph (1)(A), the Secretary shall— the needs of homeless veterans living within the ing: ‘‘(A) transfer administrative jurisdiction over area served by the medical center or regional of- such property within the Department from the fice, as the case may be. ‘‘1720A. Treatment and rehabilitative services Veterans Benefits Administration to the Veter- ‘‘(2) Each such assessment shall be made in for persons with drug or alcohol ans Health Administration; and coordination with representatives of State and dependency.’’; ‘‘(B) transfer from the General Post Fund to local governments, other appropriate depart- and the Loan Guaranty Revolving Fund under ments and agencies of the Federal Government, (2) by adding at the end the following: chapter 37 of this title an amount (not to exceed and nongovernmental organizations that have ‘‘SUBCHAPTER VII—TREATMENT AND REHABILITA- the amount the Secretary paid for the property) experience working with homeless persons in TION FOR SERIOUSLY MENTALLY ILL AND HOME- representing the amount the Secretary considers that area. LESS VETERANS could be obtained by sale of such property to a ‘‘(3) Each such assessment shall identify the nonprofit organization or a State for use as a needs of homeless veterans with respect to the ‘‘1771. General treatment. shelter for homeless veterans. following: ‘‘1772. Therapeutic housing. ‘‘(3) In the case of any residential property ‘‘(A) Health care. ‘‘1773. Additional services at certain locations. obtained by the Secretary from the Department ‘‘(B) Education and training. ‘‘1774. Coordination with other agencies and organizations.’’. S12492 CONGRESSIONAL RECORD — SENATE November 10, 1997 SEC. 203. EXTENSION OF CERTAIN AUTHORITIES SEC. 207. EXTENSION OF HEALTH PROFESSIONAL (2) At least one of each of the following mod- RELATING TO HOMELESS VETERANS. SCHOLARSHIP PROGRAM. els shall be used at no less than two of the dem- (a) AGREEMENTS FOR HOUSING ASSISTANCE FOR (a) EXTENSION.—Section 7618 is amended by onstration projects: HOMELESS VETERANS.—Section 3735(c) is amend- striking out ‘‘December 31, 1997’’ and inserting (A) A specialized clinic which serves Persian ed by striking out ‘‘December 31, 1997’’ and in- in lieu thereof ‘‘December 31, 1998’’. Gulf veterans. serting in lieu thereof ‘‘December 31, 1999’’. (b) SUBMISSION OF OVERDUE REPORT.—The (B) Multidisciplinary treatment aimed at man- (b) EXTENSION OF HOMELESS VETERANS COM- Secretary of Veterans Affairs shall submit to aging symptoms. PREHENSIVE SERVICE GRANT PROGRAM.—Section Congress not later than 180 days after the date (C) Use of case managers. 3(a)(2) of the Homeless Veterans Comprehensive of the enactment of this Act the report evaluat- (3) A demonstration project under this sub- Service Programs Act of 1992 (38 U.S.C. 7721 ing the operation of the health professional section may be undertaken in conjunction with note) is amended by striking out ‘‘September 30, scholarship program required to be submitted another funding entity, including agreements 1997’’ and inserting in lieu thereof ‘‘September not later than March 31, 1997, under section under section 8111 of title 38, United States 30, 1999’’. 202(b) of Public Law 104–110 (110 Stat. 770). Code. (c) HOMELESS VETERANS’ REINTEGRATION SEC. 208. POLICY ON BREAST CANCER MAMMOG- (4) The Secretary shall make available from PROJECTS.—The Stewart B. McKinney Homeless RAPHY. appropriated funds (which have been retained Assistance Act is amended as follows: (a) IN GENERAL.—(1) Subchapter II of chapter for contingent funding) $5,000,000 to carry out (1) Section 738(e)(1) (42 U.S.C. 11448(e)(1)) is 73 is amended by adding at the end the follow- the demonstrations projects. amended by adding at the end the following ing new section: (5) The Secretary may not approve a medical new subparagraph: ‘‘§ 7322. Breast cancer mammography policy center as a location for a demonstration project ‘‘(G) $10,000,000 for fiscal year 1999.’’. ‘‘(a) The Under Secretary for Health shall de- under this subsection unless a peer review panel (2) Section 741 (42 U.S.C. 11450) is amended by velop a national policy for the Veterans Health has determined that the proposal submitted by striking out ‘‘December 31, 1997’’ and inserting Administration on mammography screening for that medical center is among those proposals in lieu thereof ‘‘December 31, 1999’’. veterans. that have met the highest competitive standards SEC. 204. ANNUAL REPORT ON ASSISTANCE TO ‘‘(b) The policy developed under subsection of clinical merit and the Secretary has deter- HOMELESS VETERANS. (a) shall— mined that the facility has the ability to— Section 1001 of the Veterans’ Benefits Im- ‘‘(1) specify standards of mammography (A) attract the participation of clinicians of provements Act of 1994 (38 U.S.C. 7721 note) is screening; outstanding caliber and innovation to the amended— ‘‘(2) provide recommendations with respect to project; and (1) in subsection (a)(2)— screening, and the frequency of screening, for— (B) effectively evaluate the activities of the (A) by striking out ‘‘and’’ at the end of sub- ‘‘(A) women veterans who are over the age of project. paragraph (B); 39; and (6) In determining which medical centers to (B) by striking out the period at the end of ‘‘(B) veterans, without regard to age, who select as locations for demonstration projects subparagraph (C) and inserting in lieu thereof have clinical symptoms, risk factors, or family under this subsection, the Secretary shall give ‘‘; and’’; and history of breast cancer; and special priority to medical centers that have (C) by adding at the end the following new ‘‘(3) provide for clinician discretion.’’. demonstrated a capability to compete success- subparagraphs: (2) The table of sections at the beginning of fully for extramural funding support for re- ‘‘(D) evaluate the effectiveness of the pro- such chapter is amended by inserting after the search into the effectiveness and cost-effective- grams of the Department (including residential item relating to section 7321 the following new ness of the care provided under the demonstra- work-therapy programs, programs combining item: tion project. outreach, community-based residential treat- ‘‘7322. Breast cancer mammography policy.’’. SEC. 210. PRESIDENTIAL REPORT ON PREPARA- ment, and case-management, and contract care TIONS FOR A NATIONAL RESPONSE (b) EFFECTIVE DATE.—The Secretary of Veter- programs for alcohol and drug-dependence or TO MEDICAL EMERGENCIES ARISING ans Affairs shall develop the national policy on abuse disabilities) in providing assistance to FROM THE TERRORIST USE OF mammography screening required by section homeless veterans; and WEAPONS OF MASS DESTRUCTION. 7322 of title 38, United States Code, as added by ‘‘(E) evaluate the effectiveness of programs es- (a) REPORT.—(1) Not later than March 1, 1998, subsection (a), and shall furnish such policy in tablished by recipients of grants under section 3 the President shall submit to Congress a report a report to the Committees on Veterans’ Affairs of the Homeless Veterans Comprehensive Service on the plans, preparations, and capability of of the Senate and House of Representatives, not Programs Act of 1992 (38 U.S.C. 7721 note), and the Federal Government and State and local later than 60 days after the date of the enact- describe the experience of such recipients in ap- governments for a national response to medical ment of this Act. Such policy shall not take ef- plying for and receiving grants from the Sec- emergencies arising from the terrorist use of fect before the expiration of 30 days after the retary of Housing and Urban Development to weapons of mass destruction. The report shall date of its submission to those committees. serve primarily homeless persons who are veter- be submitted in unclassified form, but may in- (c) SENSE OF CONGRESS.—It is the sense of ans.’’; and clude a classified annex. Congress that the policy developed under sec- (2) by striking out subsection (b). (2) The report should be prepared in consultation 7322 of title 38, United States Code, as tion with the Secretary of Defense, the Sec- SEC. 205. EXPANSION OF AUTHORITY FOR EN- added by subsection (a), shall be in accordance HANCED-USE LEASES OF DEPART- retary of Health and Human Services, the Sec- MENT OF VETERANS AFFAIRS REAL with the guidelines endorsed by the Secretary of retary of Veterans Affairs, the Director of the PROPERTY. Health and Human Services and the Director of Federal Emergency Management Agency, and (a) FOUR-YEAR EXTENSION OF AUTHORITY.— the National Institutes of Health. the head of any other department or agency of Section 8169 is amended by striking out ‘‘Decem- SEC. 209. PERSIAN GULF WAR VETERANS. the Federal Government that may be involved in ber 31, 1997’’ and inserting in lieu thereof ‘‘De- (a) CRITERIA FOR PRIORITY HEALTH CARE.— responding to such emergencies. The President cember 31, 2001’’. (1) Subsection (a)(2)(F) of section 1710 is amend- shall designate a lead agency for purposes of (b) REPEAL OF LIMITATION ON NUMBER OF ed by striking out ‘‘environmental hazard’’ and the preparation of the report. AGREEMENTS.—(1) Section 8168 is repealed. inserting in lieu thereof ‘‘other conditions’’. (b) CONTENTS.—The report shall include the (2) The table of sections at the beginning of (2) Subsection (e)(1)(C) of such section is following: chapter 81 is amended by striking out the item amended— (1) A description of the steps taken by the relating to section 8168. (A) by striking out ‘‘the Secretary finds may Federal Government to plan and prepare for a SEC. 206. PERMANENT AUTHORITY TO FURNISH have been exposed while serving’’ and inserting national response to medical emergencies arising NONINSTITUTIONAL ALTERNATIVES in lieu thereof ‘‘served’’; from the terrorist use of weapons of mass de- TO NURSING HOME CARE. (B) by striking out ‘‘to a toxic substance or struction. (a) PERMANENT AUTHORITY.—Subsection (a) environmental hazard’’; and (2) A description of the laws and agreements of section 1720C is amended by striking out (C) by striking out ‘‘exposure’’ and inserting governing the responsibilities of the various de- ‘‘During’’ and all that follows through ‘‘fur- in lieu thereof ‘‘service’’. partments and agencies of the Federal Govern- nishing of’’ and inserting in lieu thereof ‘‘The (3) Subsection (e)(2)(B) of such section is ment, and of State and local governments, for Secretary may furnish’’. amended by striking out ‘‘an exposure’’ and in- the response to such emergencies, and an assess- (b) CONFORMING AMENDMENTS.—(1) Sub- serting in lieu thereof ‘‘the service’’. ment of the interrelationship of such respon- sections (b)(1) and (d) of such section are (b) DEMONSTRATION PROJECTS FOR TREAT- sibilities under such laws and agreements. amended by striking out ‘‘pilot’’. MENT OF PERSIAN GULF ILLNESS.—(1) The Sec- (3) Recommendations, if any, for the sim- (2) The heading for such section is amended to retary of Veterans Affairs shall carry out a pro- plification or improvement of such responsibil- read as follows: gram of demonstration projects to test new ap- ities. proaches to treating, and improving the satis- (4) An assessment of the current level of pre- ‘‘§ 1720C. Noninstitutional alternatives to faction with such treatment of, Persian Gulf paredness for such response of all departments nursing home care’’. veterans who suffer from undiagnosed and ill- and agencies of the Federal Government and (3) The item relating to such section in the defined disabilities. The program shall be estab- State and local governments that are responsible table of sections at the beginning of chapter 17 lished not later than July 1, 1998, and shall be for such response. is amended to read as follows: carried out at up to 10 geographically dispersed (5) A current inventory of the existing medical ‘‘1720C. Noninstitutional alternatives to nursing medical centers of the Department of Veterans assets from all sources which can be made avail- home care.’’. Affairs. able for such response. November 10, 1997 CONGRESSIONAL RECORD — SENATE S12493 (6) Recommendations, if any, for the improved (1) funds appropriated for fiscal year 1998 amended by striking out ‘‘hospital care, nursing or enhanced use of the resources of the Federal pursuant to the authorization of appropriations home care, or domiciliary care’’ and inserting in Government and State and local governments in subsection (a); lieu thereof ‘‘care’’. for such response. (2) funds appropriated for Construction, (d) ACQUISITION OF COMMERCIAL HEALTH (7) The name of the official or office of the Major Projects for a fiscal year before fiscal CARE RESOURCES.—Section 8153(a)(3)(A) is Federal Government designated to coordinate year 1998 that remain available for obligation; amended by inserting ‘‘(including any Executive the response of the Federal Government to such and order, circular, or other administrative policy)’’ emergencies. (3) funds appropriated for Construction, after ‘‘law or regulation’’. (8) A description of the lines of authority be- Major Projects for fiscal year 1998 for a category (e) COMPETITION IN PROCUREMENT OF COM- tween the departments and agencies of the Fed- of activity not specific to a project. MERCIAL HEALTH CARE RESOURCES.—Section eral Government to be involved in the response TITLE IV—TECHNICAL AND CLARIFYING 8153(a)(3)(B)(ii) is amended in the second sen- of the Federal Government to such emergencies. AMENDMENTS tence by inserting ‘‘, as appropriate,’’ after ‘‘all (9) A description of the roles of each depart- responsible sources’’. SEC. 401. TECHNICAL AMENDMENTS. ment and agency of the Federal Government to SEC. 403. CORRECTION OF NAME OF MEDICAL LOT LLOWANCE FOR EATHS IN EPART be involved in the preparations for, and imple- (a) P A D D - CENTER. mentation of, the response of the Federal Gov- MENT FACILITIES.—Section 2303(a)(2)(A) is The facility of the Department of Veterans Af- ernment to such emergencies. amended by striking out ‘‘a Department facility fairs in Columbia, South Carolina, known as (10) The estimated costs of each department (as defined in section 1701(4) of this title)’’ and the Wm. Jennings Bryan Dorn Veterans’ Hos- and agency of the Federal Government to pre- inserting in lieu thereof ‘‘a facility of the De- pital shall hereafter be known and designated pare for and carry out its role as described partment (as defined in section 1701(3) of this as the ‘‘Wm. Jennings Bryan Dorn Department under paragraph (9). title)’’. of Veterans Affairs Medical Center’’. Any ref- (b) EDUCATIONAL ASSISTANCE ALLOWANCE FOR (11) A description of the steps, if any, being erence to that facility in any law, regulation, CERTAIN INDIVIDUALS PURSUING COOPERATIVE taken to create a funding mechanism for the re- document, map, record, or other paper of the PROGRAMS.—Section 3015(e)(1) is amended— sponse of the Federal Government to such emer- United States shall be deemed to be a reference (1) by striking out ‘‘(1) Subject to paragraph gencies. to the Wm. Jennings Bryan Dorn Department of (2)’’ and inserting in lieu thereof ‘‘(1)(A) Except TITLE III—MAJOR MEDICAL FACILITY Veterans Affairs Medical Center. PROJECTS CONSTRUCTION AUTHORIZA- as provided in subparagraph (B) of this paragraph and subject to paragraph (2)’’; and SEC. 404. IMPROVEMENT TO SPINA BIFIDA BENE- TION FITS FOR CHILDREN OF VIETNAM (2) by adding at the end the following: VETERANS. SEC. 301. AUTHORIZATION OF MAJOR MEDICAL ‘‘(B) Notwithstanding subparagraph (A) of FACILITY PROJECTS. (a) DEFINITIONS.—The text of section 1801 is this paragraph, in the case of an individual de- The Secretary of Veterans Affairs may carry amended to read as follows: scribed in that subparagraph who is pursuing a out the following major medical facility projects, ‘‘For the purposes of this chapter— cooperative program on or after October 9, 1996, with each project to be carried out in the ‘‘(1) The term ‘child’, with respect to a Viet- the rate of the basic educational assistance al- amount specified for that project: nam veteran, means a natural child of a Viet- lowance applicable to such individual under (1) Seismic corrections at the Department of nam veteran, regardless of age or marital status, this chapter shall be increased by the amount Veterans Affairs medical center in Memphis, who was conceived after the date on which the equal to one-half of the educational assistance Tennessee, in an amount not to exceed Vietnam veteran first entered the Republic of allowance that would be applicable to such indi- $34,600,000. Vietnam during the period beginning on Janu- (2) Seismic corrections and clinical and other vidual for pursuit of full-time institutional ary 9, 1962, and ending on May 7, 1975. improvements to the McClellan Hospital at training under chapter 34 (as of the time the as- ‘‘(2) The term ‘Vietnam veteran’ means an in- Mather Field, Sacramento, California, in an sistance under this chapter is provided and dividual who performed active military, naval, amount not to exceed $48,000,000, to be derived based on the rates in effect on December 31, or air service in the Republic of Vietnam during only from funds appropriated for Construction, 1989) if such chapter were in effect.’’. the period beginning on January 9, 1962, and LIGIBILITY OF CERTAIN VEAP PARTICI- Major Projects, for a fiscal year before fiscal (c) E ending on May 7, 1975, without regard to the PANTS TO ENROLL IN MONTGOMERY GI BILL.— year 1998 that remain available for obligation. characterization of the individual’s service.’’. (3) Outpatient improvements at Mare Island, Section 3018C(a) is amended— (b) APPLICABILITY OF CERTAIN ADMINISTRA- (1) in paragraph (1), by striking out ‘‘the date Vallejo, California, and Martinez, California, in TIVE PROVISIONS.—(1) Section 1806 is amended a total amount not to exceed $7,000,000, to be de- of the enactment of the Veterans’ Benefits Im- to read as follows: provements Act of 1996’’ and inserting in lieu rived only from funds appropriated for Con- ‘‘§ 1806. Applicability of certain administra- struction, Major Projects, for a fiscal year be- thereof ‘‘October 9, 1996,’’; (2) in paragraph (4), by striking out ‘‘during tive provisions fore fiscal year 1998 that remain available for ‘‘The provisions of sections 5101(c), 5110(a), obligation. the one-year period specified’’ and inserting in lieu thereof ‘‘after the date on which the indi- (b)(2), (g), and (i), 5111, and 5112(a), (b)(1), SEC. 302. AUTHORIZATION OF MAJOR MEDICAL vidual makes the election described’’; and (b)(6), (b)(9), and (b)(10) of this title shall be FACILITY LEASES. (3) in paragraph (5), by striking out ‘‘the date deemed to apply to benefits under this chapter The Secretary of Veterans Affairs may enter of the enactment of the Veterans’ Benefits Im- in the same manner in which they apply to vet- into leases for medical facilities as follows: provements Act of 1996’’ and inserting in lieu erans’ disability compensation.’’. (1) Lease of an information management field (2) The item relating to section 1806 in the office, Birmingham, Alabama, in an amount not thereof ‘‘October 9, 1996’’. (d) ENROLLMENT IN OPEN CIRCUIT TELEVISION table of sections at the beginning of chapter 18 to exceed $595,000. is amended to read as follows: (2) Lease of a satellite outpatient clinic, Jack- COURSES.—Section 3680A(a)(4) is amended by in- sonville, Florida, in an amount not to exceed serting ‘‘(including open circuit television)’’ ‘‘1806. Applicability of certain administrative $3,095,000. after ‘‘independent study program’’ the second provisions.’’. (3) Lease of a satellite outpatient clinic, Bos- place it appears. (c) AMENDMENTS TO VOCATIONAL REHABILITA- ton, Massachusetts, in an amount not to exceed (e) ENROLLMENT IN CERTAIN COURSES.—Sec- TION PROVISIONS.—Section 1804 is amended— $5,215,000. tion 3680A(g) is amended by striking out ‘‘sub- (1) in subsection (b), by striking out ‘‘shall be (4) Lease of a satellite outpatient clinic, Can- sections (e) and (f)’’ and inserting in lieu there- designed’’ and all that follows and inserting in ton, Ohio, in an amount not to exceed of ‘‘subsections (e) and (f)(1)’’. lieu thereof the following: ‘‘shall— $2,115,000. (f) CERTAIN BENEFITS FOR SURVIVING ‘‘(1) be designed in consultation with the child (5) Lease of a satellite outpatient clinic, Port- SPOUSES.—Section 5310(b)(2) is amended by in order to meet the child’s individual needs; land, Oregon, in an amount not to exceed striking out ‘‘under this paragraph’’ in the first ‘‘(2) be set forth in an individualized written $1,919,000. sentence and inserting in lieu thereof ‘‘under plan of vocational rehabilitation; and (6) Lease of a satellite outpatient clinic, paragraph (1)’’. ‘‘(3) be designed and developed before the date Tulsa, Oklahoma, in an amount not to exceed SEC. 402. CLARIFICATION OF CERTAIN HEALTH specified in subsection (d)(3) so as to permit the $2,112,000. CARE AUTHORITIES. beginning of the program as of the date speci- (7) Lease of an information resources manage- (a) ELIGIBILITY FOR HOSPITAL CARE AND MED- fied in that subsection.’’; ment field office, Salt Lake City, in an amount ICAL SERVICES.—Section 1710(a)(2)(B) is amend- (2) in subsection (c)(1)(B), by striking out ‘‘in- not to exceed $652,000. ed by striking out ‘‘compensable’’. stitution of higher education’’ and inserting in SEC. 303. AUTHORIZATION OF APPROPRIATIONS. (b) HOME HEALTH SERVICES.—Section 1717(a) lieu thereof ‘‘institution of higher learning’’; (a) IN GENERAL.—There are authorized to be is amended— and appropriated to the Secretary of Veterans Af- (1) in paragraph (1), by striking out ‘‘veter- (3) by adding at the end of subsection (d) the fairs for fiscal year 1998— an’s disability’’ and inserting in lieu thereof following new paragraph: (1) for the Construction, Major Projects, ac- ‘‘veteran’’; and ‘‘(3) A vocational training program under this count, $34,600,000 for the project authorized in (2) in paragraph (2)(B), by striking out ‘‘sec- section may begin on the child’s 18th birthday, section 301(1); and tion 1710(a)(2)’’ and inserting in lieu thereof or on the successful completion of the child’s (2) for the Medical Care account, $15,703,000 ‘‘section 1710(a)’’. secondary schooling, whichever first occurs, ex- for the leases authorized in section 302. (c) AUTHORITY TO TRANSFER VETERANS RE- cept that, if the child is above the age of com- (b) LIMITATION.—The projects authorized in CEIVING OUTPATIENT CARE TO NON-DEPARTMENT pulsory school attendance under applicable section 301 may only be carried out using— NURSING HOMES.—Section 1720(a)(1)(A)(i) is State law and the Secretary determines that the S12494 CONGRESSIONAL RECORD — SENATE November 10, 1997 child’s best interests will be served thereby, the tasks VA with analyzing what is work- between VA’s stated principles and vocational training program may begin before ing and what could be improved in its their clinical practice with respect to the child’s 18th birthday.’’. administration of the program. breast cancer programs. Though a (d) EFFECTIVE DATE.—The amendments made I would like to commend Senators guiding principle of the Veterans by this section shall take effect as of October 1, 1997. AKAKA and CAMPBELL for their tireless Health Administration states that ‘‘the advocacy on behalf of Native American quality of care in VHA must be demon- Amend the title so as to read: ‘‘An Act to amend title 38, United States Code, to revise, veterans. stratively equal to, or better than, extend, and improve programs for veter- f what is available in the local community,’’ in my view, VHA’s breast cancer ans.’’. REINVENTING VA’S EEO SYSTEM Mr. ROCKEFELLER. Mr. President, detection policy fails to achieve com- Title 1 of the compromise agreement as the ranking minority member of the munity standards because it only tar- will establish a new employment dis- Committee on Veterans’ Affairs, I am gets women between the ages of 50 to crimination complaint system for the enormously pleased that the Senate is 69. VA. This provision ensures that the considering S. 714, as amended, a bill Section 208 requires the VA to adopt employees who perform equal employ- that would make valuable changes to a a comprehensive national policy on ment and opportunity (EEO) counsel- number of veterans benefits and serv- breast cancer detection. Rather than ing and investigations are professional ices. In the waning days of this session, requiring the VA to adhere to a specific and independent by creating a new of- the House and Senate Veterans’ Affairs clinical standard, the provision relays fice to adjudicate complaints, separate Committees were able to reach com- the sense of the Congress that VA’s from line management. promise on a wide range of programs policy be in accordance with guidelines The Committee has had grave con- and services for veterans—from pro- issued by the Secretary of Health and cerns about how VA has handled sev- grams to assist homeless veterans, to Human Services and the Director of eral high profile EEO complaints filed providing home loans to Native Amer- the National Institutes of Health. against senior staff members. There- ican veterans, and I urge my colleagues Mr. President, it is very important fore, this bill also provides for VA to to give their unanimous support to this that veterans have access to preventive submit a separate report regarding measure. It is particularly fitting that diagnostic tests to protect their complaints filed against senior level we make these improvements for veter- health. Because breast cancer is the employees, based on their personal con- ans programs now, since tomorrow is leading cause of cancer in women, I duct. I believe it is critical that VA’s Veterans Day. look forward to receiving VA’s na- actions be subject to congressional Mr. President, because all the provi- tional policy on breast cancer detec- scrutiny, in order to assure account- sions of this measure—which I will tion. ability. refer to as the compromise agree- I thank Senator SPECTER for his lead- I want to thank Senator GRAHAM for ment—are set forth in the joint explan- ership on this issue. his leadership on this important issue. f atory statement which Senator SPEC- f TER will place in the RECORD, I will dis- HEALTH PROFESSIONAL cuss here only some of the issues which SPINA BIFIDA ELIGIBILITY SCHOLARSHIP PROGRAM are of particular interest to me. The CLARIFIED Mr. President, I am pleased that the explanatory statement was developed Mr. President, section 404 of the com- authority for the Health Professional in cooperation with the House Commit- promise agreement will clarify the eli- Scholarship Program has been ex- tee on Veterans’ Affairs and that com- gibility—for compensation, health tended for one year. Aspiring health mittee’s chairman, BOB STUMP, will in- care, and educational assistance—of professionals have a strong interest in sert the same explanatory statement in the children with spina bifida born to the scholarship program, and it has the RECORD when the House considers Vietnam veterans exposed to Agent Or- proven to be an effective recruitment this measure. ange. Currently, the eligibility of the tool for the VA in the past. Staffing f child is determined by looking to the analyses done within the VA have iden- veteran father. However, under title 38 tified a need to increase the levels of EXTENDING AND IMPROVING THE of the United States Code, a former nurse practitioners and physician as- NATIVE AMERICAN HOUSING service member who received a dishon- sistants to adjust to the shift from in- LOAN PILOT PROGRAM orable discharge is generally not con- patient to outpatient care, and this Mr. President, section 201 of the com- sidered a veteran, and is therefore not program is well suited to assist individ- promise agreement will extend for 4 eligible for veterans benefits from the uals in these career paths. We will con- years the authority for the Native VA. tinue to evaluate this program and American Housing Loan Pilot Pro- It was Congress’ intention to provide look for other opportunities that will gram, under section 3761, title 38, Unit- benefits to all Vietnam veterans’ chil- increase both recruitment and reten- ed States Code. This pilot program was dren with spina bifida. Congress did not tion of health professionals in the VA. created in 1993 to provide loans to eligi- mean to exclude the children of veter- f ble Native American veterans to pur- ans with dishonorable discharges. chase, build, or improve dwellings on This provision will clarify the eligi- MAJOR MEDICAL FACILITY Native American trust lands. This pro- bility criteria to include the child with PROJECTS CONSTRUCTION AU- gram is so important because commer- spina bifida of a Vietnam veteran re- THORIZATION cial lenders will not finance the pur- gardless of the character of his dis- Of the projects authorized under title chase of homes on Native American charge. This is a minor modification in III of this bill, I am especially pleased lands, as lenders cannot foreclose in the law, but to the children who suffer that we have included the authoriza- the event of default. Therefore, the tra- from spina bifida, these benefits can tions for projects in northern Califor- ditional VA loan guaranty program is make a significant difference in their nia. I have been concerned that veter- not, in effect, available to Native lives. These benefits can improve their ans in northern California have not American veterans residing on tribal quality of health care, provide edu- been receiving convenient VA health lands. cational opportunities, and enhance care services ever since the Martinez This program has been very success- their quality of life. It would be a great VA Medical Center was closed in 1991. ful in financing purchases of homes by injustice if these children were denied The conference agreement authorizes Pacific Islanders. However, it has been these benefits because of their fathers’ VA to move ahead with plans to create somewhat underutilized by other Na- discharge status. an accessible network of VA health tive American populations. Therefore, f care by specifically authorizing funds this bill would also provide for en- for upgrades and enhancements to hanced outreach by VA to inform Na- MAMMOGRAPHY POLICY McClellan Hospital at Mather Field in tive American veterans of the avail- Section 208 of the compromise agree- Sacramento and improvements to the ability of this program. It further ment seeks to address a discrepancy outpatient clinics at Mare Island in November 10, 1997 CONGRESSIONAL RECORD — SENATE S12495 Vallejo and at Martinez. Once the dition to the reports required of the WAIVING TIME LIMITATIONS IN McClellan Hospital is completed, VA Department, the legislation further REGARD TO MEDAL OF HONOR expects capacity for 55 inpatient beds stipulates that an assessment of the AWARD and 110,000 outpatient visits per year, Employment Discrimination Com- Mr. LOTT. Mr. President, I ask unan- and the projected workload for the out- plaint Resolution system be conducted imous consent that the Senate proceed patient clinics will exceed 140,000 out- by an independent contractor who has to the immediate consideration of H.R. patient visits per year. been approved by both the House and 2813 now at the desk. f Senate Veterans’ Affairs Committees. The PRESIDING OFFICER. Without CONCLUSION The first independent assessment is objection, it is so ordered. The clerk due June 1, 1998 with the second report will report. Mr. President, in closing, I acknowl- due June 1, 1999. The assistant legislative clerk read edge the work of my colleagues in the as follows: House—Chairman BOB STUMP and rank- Mr. President, our Nation’s veterans A bill (H.R. 2813) to waive time limitations ing Minority Member LANE EVANS—and and the over 200,000 Federal workers specified by law in order to allow the Medal our Committee’s Chairman, Senator who support the nationwide network of of Honor to be awarded to Robert R. Ingram SPECTER, in developing this com- the Department of Veterans Affairs of Jacksonville, Florida, for acts of valor prehensive legislation. programs and services must be assured while a Navy Hospital Corpsman in the Re- Mr. President, I thank the staff who that they can put veterans first in an public of Vietnam during the Vietnam con- have worked extremely long and hard environment that has zero tolerance flict. on this compromise—Mike Durishin, for any type of sexual, emotional, or The Senate proceeded to consider the Jill Cochran, Mary Ellen McCarthy, physical harassment. bill. Adam Sachs, Susan Edgerton, Carl Mr. LOTT. Mr. President, I ask unan- Mr. FAIRCLOTH. Mr. President, I Commenator, Pat Ryan, Mike Brinck, imous consent that the bill be read Ralph Ibson, Kingston Smith, Sloan rise in support of the Department of three times and passed; that the mo- Rappoport, and others on the House Veterans Affairs Employment Dis- tion to reconsider be laid upon the Committee, and Jim Gottlieb, Kim crimination Act. This legislation offers table; and that any statements relating Lipsky, Mary Schoelen, Charlie an effective and expeditious method for thereto be placed at the appropriate Battaglia, Bill Tuerk, and John Brad- filing and processing sexual harass- place in the RECORD. ley, with the Senate Committee. I also ment and employment discrimination The PRESIDING OFFICER. Without thank Bob Cover and Charlie Arm- claims within the Department. objection, it is so ordered. strong of the House and Senate Offices Over a year ago, the problem of sex- The bill (H.R. 2813) was read the third of Legislative Counsel for their excel- ual harassment with Veterans Affairs time and passed. lent assistance and support in drafting Department was brought to my atten- f this compromise agreement. tion by a case of widespread abuse at CENSUS OF AGRICULTURE ACT OF Mr. HUTCHINSON. Mr. President, I the VA Medical Center in Fayetteville, 1997 rise today in support of the Depart- NC. Regrettably, this situation in- Mr. LOTT. Mr. President, I ask unan- ment of Veterans Affairs Employment volved the director of the facility who Discrimination Resolution and Adju- imous consent that the Senate proceed was also the man responsible for han- to the immediate consideration of Cal- dication Act. As we approach Veterans dling complaints filed against him. Not Day, it is indeed fitting that this im- endar No. 276, H.R. 2366. surprisingly, claims of sexual harass- The PRESIDING OFFICER. Without portant legislation will soon become an ment made against the director went integral part of title 38, of the United objection, it is so ordered. The clerk nowhere, and he continued his rep- States Code. will report. rehensible behavior without fear of This legislation addresses the critical The assistant legislative clerk read being caught. issue of sexual harassment within the as follows: Department of Veterans Affairs and en- The legislation I introduced with my A bill (H.R. 2366) to transfer to the Sec- retary of Agriculture the authority to con- sures that the rights of all employees colleague from Florida, Senator GRA- duct the census of agriculture, and for other will be protected. I would like to recog- HAM, and my colleague from Arkansas, purposes. nize the leadership of Chairman SPEC- Senator HUTCHINSON, is a constructive The Senate proceeded to consider the TER and the support of Senators ROCKE- measure that would prevent such a bla- bill. FELLER and GRAHAM in the develop- tant abuse of authority from occurring Mr. LOTT. Mr. President, I ask unan- ment of this necessary legislative rem- again. This bill will create the Office of imous consent that the bill be consid- edy. Employment Discrimination Com- ered read a third time and passed; that Specifically, this bill creates within plaint Adjudication [OEDCA] with a di- the motion to reconsider be laid upon the Department an Office of Employ- rector who would report only to the the table; and that any statements re- ment Discrimination Complaints Reso- Secretary or Deputy Secretary of VA. lating to the bill appear at the appro- lution which will be headed by a direc- Centralizing authority within the priate place in the RECORD. tor who shall be solely responsible for OEDCA will restore a large amount of The PRESIDING OFFICER. Without resolving complaints of unlawful em- accountability to currently flawed sys- objection, it is so ordered. ployment discrimination within the tem. The bill (H.R. 2366) was read the third Department. It requires that those em- time and passed. ployed in handling the complaints be Mr. President, it is imperative that f properly trained and that complaints Congress provide the thousands of em- are handled in a fair and objective ployees of the Veterans Affairs Depart- ATLANTIC STRIPED BASS CON- manner. The legislation further en- ment with a system they can rely upon SERVATION ACT AMENDMENTS sures that those individuals in top to judiciously resolve employment dis- OF 1997 crimination claims. I urge my col- management positions are held to the Mr. LOTT. Mr. President, I ask unan- leagues to support this legislation to same standards concerning equal op- imous consent that the Senate proceed portunity employment law as those in- prevent an incident such as the one to the immediate consideration of Cal- dividuals that they manage and super- that occurred in my State from hap- endar No. 285, H.R. 1658. vise. pening again. The PRESIDING OFFICER. Without The legislation requires that the Sec- Mr. LOTT. Mr. President, I move objection, it is so ordered. The clerk retary of Veterans Affairs submit to that the Senate concur in the amend- will report. Congress three reports on the implements of the House. The assistant legislative clerk read mentation and operation of the equal as follows: opportunity employment system. The PRESIDING OFFICER. The question is on agreeing to the motion. A bill (H.R. 1658) to reauthorize and amend These reports are due April 1, 1998, Jan- the Atlantic Striped Bass Conservation Act uary 1, 1999, and January 1, 2000. In ad- The motion was agreed to. and related laws. S12496 CONGRESSIONAL RECORD — SENATE November 10, 1997 The Senate proceeded to consider the ‘‘(4) The term ‘coastal State’ means— not in compliance, the Secretaries shall de- bill, which had been reported from the ‘‘(A) Pennsylvania and each State of the clare jointly a moratorium on fishing for At- Committee on Environment and Public United States bordering on the Atlantic lantic striped bass within the coastal waters Works and the Committee on Com- Ocean north of the State of South Carolina; of that coastal State. In making such a de- ‘‘(B) the District of Columbia; and termination, the Secretaries shall carefully merce, Science, and Transportation, ‘‘(C) the Potomac River Fisheries Commis- consider and review the comments of the with amendments, as follows: sion established by the Potomac River Com- Commission and that coastal State in ques- (The parts of the bill intended to be pact of 1958. tion. stricken are shown in boldface brack- ‘‘(5) The term ‘Commission’ means the At- ‘‘(b) PROHIBITED ACTS DURING MORATO- ets and the parts of the bill intended to lantic States Marine Fisheries Commission RIUM.—During a moratorium period, it is un- be inserted are shown in italic.) established under the interstate compact lawful for any person— H.R. 1658 consented to and approved by the Congress ‘‘(1) to engage in fishing within the moratorium area; Be it enacted by the Senate and House of Rep- in Public Laws 77-539 and 81-721. ‘‘(6) The term ‘exclusive economic zone’ ‘‘(2) to land, or attempt to land, Atlantic resentatives of the United States of America in striped bass that are caught, taken, or har- Congress assembled, has the meaning given such term in section 3(6) of the Magnuson Act (16 U.S.C. 1802(6)). vested in violation of paragraph (1); SECTION 1. SHORT TITLE. ‘‘(3) to land lawfully harvested Atlantic This Act may be cited as the ‘‘Atlantic ‘‘(7) The term ‘fishing’ means— ‘‘(A) the catching, taking, or harvesting of striped bass within the boundaries of a coast- Striped Bass Conservation Act Amendments al State when a moratorium declared under of 1997’’. Atlantic striped bass, except when incidental to harvesting that occurs in the course of subsection (a) applies to that State; or SEC. 2. REAUTHORIZATION AND AMENDMENT OF commercial or recreational fish catching ac- ‘‘(4) to fail to return to the water Atlantic ATLANTIC STRIPED BASS CON- striped bass to which the moratorium applies SERVATION ACT. tivities directed at a species other than At- The Atlantic Striped Bass Conservation lantic striped bass; that are caught incidental to harvesting that Act (16 U.S.C. 1851 note) is amended to read ‘‘(B) the attempted catching, taking, or occurs in the course of commercial or rec- as follows: harvesting of Atlantic striped bass; and reational fish catching activities, regardless of the physical condition of the striped bass ‘‘SECTION 1. SHORT TITLE. ‘‘(C) any operation at sea in support of, or when caught. ‘‘This Act may be cited as the ‘Atlantic in preparation for, any activity described in ‘‘(c) CIVIL PENALTIES.— Striped Bass Conservation Act’. subparagraph (A) or (B). The term does not ‘‘(1) CIVIL PENALTY.—Any person who com- ‘‘SEC. 2. FINDINGS AND PURPOSES. include any scientific research authorized by the Federal Government or by any State mits any act that is unlawful under sub- ‘‘(a) FINDINGS.—The Congress finds and de- section (b) shall be liable to the United clares the following: government. ‘‘(8) The term ‘moratorium area’ means the States for a civil penalty as provided by sec- ‘‘(1) Atlantic striped bass are of historic tion 308 of the Magnuson Act (16 U.S.C. 1858). commercial and recreational importance and coastal waters with respect to which a dec- ‘‘(2) CIVIL FORFEITURES.— economic benefit to the Atlantic coastal laration under section 5(a) applies. ‘‘(9) The term ‘moratorium period’ means ‘‘(A) IN GENERAL.—Any vessel (including its States and to the Nation. gear, equipment, appurtenances, stores, and ‘‘(2) No single government entity has full the period beginning on the day on which moratorium is declared under section 5(a) re- cargo) used, and any fish (or the fair market management authority throughout the range value thereof) taken or retained, in any man- of the Atlantic striped bass. garding a coastal State and ending on the day on which the Commission notifies the ner, in connection with, or as the result of, ‘‘(3) The population of Atlantic striped the commission of any act that is unlawful bass— Secretaries that that State has taken appropriate remedial action with respect to those under subsection (b) shall be subject to for- ‘‘(A) has been subject to large fluctuations feiture to the United States as provided in due to natural causes, fishing pressure, envi- matters that were the case of the moratorium being declared. section 310 of the Magnuson Act (16 U.S.C. ronmental pollution, loss and alteration of 1860). habitat, inadequacy of fisheries conservation ‘‘(10) The term ‘Plan’ means a plan for managing Atlantic striped bass, or an ‘‘(B) DISPOSAL OF FISH.—Any fish seized and management practices, and other causes; pursuant to this Act may be disposed of pur- and amendment to such plan, that is prepared and adopted by the Commission. suant to the order of a court of competent ‘‘(B) risks potential depletion in the future jurisdiction, or, if perishable, in a manner without effective monitoring and conserva- ‘‘(11) The term ‘Secretary’ means the Sec- retary of Commerce or a designee of the Sec- prescribed in regulations. tion and management measures. ‘‘(d) ENFORCEMENT.—A person authorized ‘‘(4) It is in the national interest to imple- retary of the Secretary of Commerce. ‘‘(12) The term ‘Secretaries’ means the Sec- by the øSecretary¿ Secretaries or the Sec- ment effective procedures and measures to retary of the department in which the Coast retary of Commerce and the Secretary of the provide for effective interjurisdictional con- Guard is operating may take any action to Interior or their designees. servation and management of this species. enforce a moratorium declared under sub- ‘‘(b) PURPOSE.—It is therefore declared to ‘‘SEC. 4. MONITORING OF IMPLEMENTATION AND section (a) that an officer authorized by the be the purpose of the Congress in this Act to ENFORCEMENT BY COASTAL Secretary under section 311(b) of the Magnu- STATES. support and encourage the development, im- son Act (16 U.S.C. 1861(b)) may take to en- ‘‘(a) DETERMINATION—During December of plementation, and enforcement of effective force that Act (16 U.S.C. 1801 et seq.). The each fiscal year, and at any other time it interstate action regarding the conservation øSecretary¿ Secretaries may, by agreement, deems necessary the Commission shall deter- and management of the Atlantic striped on a reimbursable basis or otherwise, utilize mine— bass. the personnel, services, equipment (including ‘‘(1) whether each coastal State has adopt- ‘‘SEC. 3. DEFINITIONS. aircraft and vessels), and facilities of any ‘‘As used in this Act— ed all regulatory measures necessary to fully other Federal department or agency and of ‘‘(1) the term ‘Magnuson Act’ means the implement the Plan in its coastal waters; any agency of a State in carrying out that Magnuson-Stevens Fishery Conservation and and enforcement. Management Act (16 U.S.C. 1801 et seq.). ‘‘(2) whether the enforcement of the Plan ‘‘(e) REGULATIONS.—The øSecretary¿ Sec- ‘‘(2) The term ‘Atlantic striped bass’ means by each coastal State is satisfactory. retaries may issue regulations to implement members of stocks or populations of the spe- ‘‘(b) SATISFACTORY STATE ENFORCEMENT— this section. cies Morone saxatilis, which ordinarily mi- For purposes of subsection (a)(2), enforce- ‘‘SEC. 6. CONTINUING STUDIES OF STRIPED BASS grate seaward of the waters described in ment by a coastal State shall not be consid- POPULATIONS. paragraph (3)(A)(i). ered satisfactory by the Commission if, in its ‘‘(a) IN GENERAL.—For the purposes of car- ‘‘(3) The term ‘coastal waters’ means— view, the enforcement is being carried out in rying out this Act, the Secretaries shall con- ‘‘(A) for each coastal State referred to in such a manner that the implementation of duct continuing, comprehensive studies of paragraph (4)(A)— the Plan within the coastal waters of the Atlantic striped bass stocks. These studies ‘‘(i) all waters, whether salt or fresh, of the State is being, or will likely be, substan- shall include, but shall not be limited to, the coastal State shoreward of the baseline from tially and adversely affected. following: which the territorial sea of the United ‘‘(c) NOTIFICATION OF SECRETARIES—The ‘‘(1) Annual stock assessments, using fish- States is measured; and Commission shall immediately notify the ery-dependent and fishery-independent data, ‘‘(ii) the waters of the coastal State sea- Secretaries of each negative determination for the purposes of extending the long-term ward from the baseline referred to in clause made by it under subsection (a). population record generated by the annual (i) to the inner boundary of the exclusive ‘‘SEC. 5. MORATORIUM. striped bass study conducted by the Sec- economic zone; ‘‘(a) SECRETARIAL ACTION AFTER NOTIFICA- retaries before 1994 and understanding the ‘‘(B) for the District of Columbia, those TION.—Upon receiving notice from the Com- population dynamics of Atlantic striped waters within its jurisdiction; and mission under section 4(c) of a negative de- bass. ‘‘(C) for the Potomac River Fisheries Com- termination regarding a coastal State, the ‘‘(2) Investigations of the causes of fluctua- mission, those waters of the Potomac River Secretaries shall determine jointly, within tions in Atlantic striped bass populations. within the boundaries established by the Po- thirty days, whether that coastal State is in ‘‘(3) Investigations of the effects of water tomac River Compact of 1958. compliance with the Plan and, if the State is quality, land use, and other environmental November 10, 1997 CONGRESSIONAL RECORD — SENATE S12497 factors on the recruitment, spawning poten- ‘‘(a) REGULATION OF FISHING IN EXCLUSIVE The assistant legislative clerk read tial, mortality, and abundance of Atlantic ECONOMIC ZONE.—The Secretary shall promul- as follows: striped bass populations, including the Dela- gate regulations governing fishing for Atlantic A bill (S. 1517) to extend the Visa Waiver ware River population. striped bass in the exclusive economic zone that Pilot Program. ‘‘(4) Investigations of— the Secretary determines— ‘‘(A) the interactions between Atlantic ‘‘(1) are consistent with the national stand- The Senate proceeded to consider the striped bass and other fish, including blue- ards set forth in section 301 of the Magnuson bill. fish, menhaden, mackerel, and other forage Act (16 U.S.C. 1851); Mr. LOTT. Mr. President, I ask unan- fish or possible competitors, stock assess- ‘‘(2) are compatible with the Plan and each imous consent that the bill be deemed ments of these species, to the extent appro- Federal moratorium in effect on fishing for At- read a third time and passed; that the priate; and lantic striped bass within the coastal waters of motion to reconsider be laid upon the ‘‘(B) the effects of interspecies predation a coastal State; table; and that any statements relating and competition on the recruitment, spawn- ‘‘(3) ensure the effectiveness of State regula- to the bill appear at the appropriate ing potential mortality, and abundance of tions on fishing for Atlantic striped bass within the coastal waters of a coastal State; and place in the RECORD. Atlantic striped bass. The PRESIDING OFFICER. Without ‘‘(b) SOCIO-ECONOMIC STUDY.—The Secretar- ‘‘(4) are sufficient to assure the long-term con- ies, in consultation with with the Atlantic servation of Atlantic striped bass populations. objection, it is so ordered. States Marine Fisheries Commission, shall con- ‘‘(b) CONSULTATION; PERIODIC REVIEW OF The bill (S. 1517) was deemed read the duct a study of the socio-economic benefits of REGULATIONS.—In preparing regulations third time and passed, as follows: the Atlantic striped bass resource. The Secretar- under subsection (a), the Secretary shall S. 1517 ies shall issue a report to the Congress concern- consult with the Atlantic States Marine Be it enacted by the Senate and House of Rep- ing the findings of this study no later than Sep- Fisheries Commission, the appropriate Re- resentatives of the United States of America in tember 30, 1998. gional Fishery Management Councils, and Congress assembled, ‘‘ø(b)¿ (c) REPORTS.—The Secretaries shall each affected Federal, State, and local gov- Section 217(f) of the Immigration and Na- make biennial reports to the Congress and to ernment entity. The Secretary shall periodi- tionality Act is amended by striking ‘‘Sep- the Commission concerning the progress and cally review regulations promulgated under tember 30, 1997.’’ and inserting ‘‘April 30, findings of studies conducted under sub- subsection (a), and if necessary to ensure 1998.’’ section (a) and shall make those reports pub- their continued consistency with the re- f lic. Such reports shall, to the extent appro- quirements of subsection (a), shall amend priate, contain recommendations of actions those regulations. EXECUTIVE SESSION which could be taken to encourage the sus- ‘‘(c) APPLICABILITY OF MAGNUSON ACT PRO- tainable management of Atlantic striped VISIONS.—The provisions of sections 307, 308, bass. 309, 310, and 311 of the Magnuson Act (16 EXECUTIVE CALENDAR ‘‘SEC. 7. AUTHORIZATION OF APPROPRIATIONS; U.S.C. 1857, 1858, 1859, 1860, and 1861) regard- Mr. LOTT. Mr. President, with re- COOPERATIVE AGREEMENTS. ing prohibited acts, civil penalties, criminal gard to the Executive Calendar, I ask ‘‘(a) AUTHORIZATION.—For each of fiscal offenses, civil forfeitures, and enforcement shall apply with respect to regulations and unanimous consent that the Senate years 1998, 1999, and 2000, there are author- proceed to executive session to con- ized to be appropriated to carry out this any plan issued under subsection (a) of this Act— section as if such regulations or plan were is- sider the following nominations on the ‘‘(1) $800,000 to the Secretary of Commerce; sued under the Magnuson Act.’’. Executive Calendar: No. 275, 392, 410, and SEC. 3. REPEALS. 412, and 427, and all nominations on the ‘‘(2) $250,000 to the Secretary of the Inte- (a) ANADROMOUS FISH CONSERVATION ACT.— Secretary’s desk in the Foreign Serv- rior. Section 7 of the Anadromous Fish Conserva- ice. ‘‘(b) COOPERATIVE AGREEMENTS.—The Sec- tion Act (16 U.S.C. 757g) is repealed. I further ask unanimous consent that retaries may enter into cooperative agree- (b) ALBEMARLE SOUND-ROANOKE RIVER the nominations be confirmed; that the ments with the Atlantic States Marine Fish- BASIN.—Section 5 of the Act entitled ‘‘An motion to reconsider be laid upon the eries Commission or with States, for the pur- Act to authorize appropriations to carry out table; that any statements relating to the Atlantic Striped Bass Conservation Act pose of using amounts appropriated pursuant the nominations appear at the appro- to this section to provide financial assist- for fiscal years 1989 through 1991, and for ance for carrying out the purposes of this other purposes’’, approved November 3, 1988 priate place in the RECORD; that the Act. (16 U.S.C. 1851 note; 102 Stat. 2984), relating President be immediately notified of ‘‘SEC. 8. PUBLIC PARTICIPATION IN PREPARA- to studies of the Albermarle Sound-Roanoke the Senate’s action; and that the Sen- TION OF MANAGEMENT PLANS AND River Basin striped bass stock, is repealed. ate then return to legislative session. AMENDMENTS. (c) REGULATION OF FISHING IN EXCLUSIVE The PRESIDING OFFICER. Without ‘‘(a) STANDARDS AND PROCEDURES.—In ECONOMIC ZONE.—Section 6 of the Act enti- objection, it is so ordered. order to ensure the opportunity for public tled ‘‘An Act to authorize appropriations to The nominations considered and con- participation in the preparation of manage- carry out the Atlantic Striped Bass Con- firmed are as follows: ment plans and amendments to management servation Act for fiscal years 1989 through DEPARTMENT OF STATE plans for Atlantic striped bass, the Commis- 1991, and for other purposes’’, approved No- sion shall prepare such plans and amend- vember 3, 1988 (102 Stat. 2986; 16 U.S.C. 1851 Donna Jean Hrinak, of Virginia, a Career ments in accordance with the standards and note) is repealed. Member of the Senior Foreign Service, Class procedures established under section 805(a)(2) of Minister-Counselor, to be Ambassador Ex- Mr. LOTT. Mr. President, I ask unan- traordinary and Plenipotentiary of the Unit- of the Atlantic Coastal Fisheries Coopera- imous consent that the committee tive Management Act. ed States of America to the Republic of Bo- ‘‘(b) APPLICATION.—Subsection (a) shall amendments be agreed to; that the bill livia. Carolyn Curiel, of Indiana, to be Ambas- apply to management plans and amendments be considered read a third time and sador Extraordinary and Plenipotentiary of adopted by the Commission after the 6- passed; that the motion to reconsider the United States of America to Belize. month period beginning on the date of enact- be laid upon the table; and that any Stanley Louis McLelland, of Texas, to be ment of the Atlantic Striped Bass Conserva- statements relating to the bill appear Ambassador Extraordinary and Pleni- tion Act Amendments of 1997. at the appropriate place in the RECORD. potentiary of the United States of America ‘‘SEC. 9. PROTECTION OF STRIPED BASS IN THE The PRESIDING OFFICER. Without to Jamaica. EXCLUSIVE ECONOMIC ZONE. objection, it is so ordered. Timothy Michael Carney, of Washington, a ø‘‘(a) REGULATION OF FISHING IN EXCLUSIVE Career Member of the Senior Foreign Serv- ECONOMIC ZONE.—The Secretary shall pro- The bill (H.R. 1658), as amended, was read the third time and passed. ice, Class of Minister-Counselor, to be Am- mulgate regulations governing fishing for bassador Extraordinary and Plenipotentiary Atlantic striped bass in the exclusive eco- f of the United States of America to the Re- nomic zone that the Secretary determines public of Haiti. are— EXTENDING VISA WAIVER PILOT INTER-AMERICAN FOUNDATION ø‘‘(1) consistent with the national stand- PROGRAM Frank D. Yturria, of Texas, to be a Mem- ards set forth in section 301 of the Magnuson Mr. LOTT. Mr. President, I ask unan- Act (16 U.S.C. 1851); ber of the Board of Directors of the Inter- imous consent that the Senate proceed American Foundation for a term expiring ø‘‘(2) compatible with the Plan and each to the immediate consideration of S. June 26, 2002. Federal moratorium in effect on fishing for Atlantic striped bass within the coastal wa- 1517, introduced earlier today by Sen- NOMINATIONS PLACED ON THE SECRETARY’S ters of a coastal State; and ators ABRAHAM and KENNEDY. DESK ø‘‘(3) sufficient to assure the long-term The PRESIDING OFFICER. Without IN THE FOREIGN SERVICE conservation of Atlantic striped bass popu- objection, it is so ordered. The clerk Foreign Service nominations beginning lations.¿ will report. Jeffrey Davidow, and ending Joseph Thomas S12498 CONGRESSIONAL RECORD — SENATE November 10, 1997 Yanci, which nominations were received by SEC. 3. ESTABLISHMENT OF COMMISSION. drought initiatives and the application of such the Senate and appeared in the Congres- (a) ESTABLISHMENT.—There is established a initiatives at the national level; sional Record of September 3, 1997 commission to be known as the National (6) make recommendations on how Federal Foreign Service nominations beginning Drought Policy Commission (hereafter in this drought laws and programs can be better inte- Dominic Alfred D’Antonio, and ending David Act referred to as the ‘‘Commission’’). grated with ongoing State, local, and tribal pro- Michael Zimov, which nominations were re- (b) MEMBERSHIP.— grams into a comprehensive national policy to ceived by the Senate and appeared in the (1) COMPOSITION.—The Commission shall be mitigate the impacts of and respond to drought Congressional Record of September 4, 1997 composed of 14 members. The members of the emergencies without diminishing the rights of Foreign Service nominations beginning Commission shall include— States to control water through State law; and Carl H. Leonard, and ending Joanne T. Hale, (A) the Secretary of Agriculture, or the des- (7) include a recommendation on whether all which nominations were received by the Sen- ignee of the Secretary, who shall serve as Chair- Federal drought preparation and response pro- ate and appeared in the Congressional person of the Commission; grams should be consolidated under one existing Record of October 8, 1997 (B) the Secretary of the Interior, or the des- Federal agency and, if so, identify such agency. Foreign Service nominations beginning ignee of the Secretary; (c) SUBMISSION OF REPORT.— (1) IN GENERAL.—No later than 18 months Richard B. Howard, and ending Richard T. (C) the Secretary of the Army, or the designee after the date of enactment of this Act, the Com- Miller, which nominations were received by of the Secretary; mission shall submit a report to the President the Senate and appeared in the Congres- (D) the Secretary of Commerce, or the des- sional Record of October 9, 1997 and the Committee on Governmental Affairs of ignee of the Secretary; the Senate and the Committee on Government f (E) the Director of the Federal Emergency Reform and Oversight of the House of Rep- Management Agency, or the designee of the Di- LEGISLATIVE SESSION resentatives which shall contain a detailed rector; statement of the findings and conclusions of the The PRESIDING OFFICER. Under (F) the Administrator of the Small Business Commission, together with its recommendations the previous order, the Senate will now Administration, or the designee of the Adminis- for such legislation and administrative actions return to legislative session. trator; as it considers appropriate. (G) two persons nominated by the National f (2) APPROVAL OF REPORT.—Before submission Governors’ Association and appointed by the of the report, the contents of the report shall be NATIONAL DROUGHT POLICY ACT President, of whom— approved by unanimous consent or majority OF 1997 (i) one shall be the governor of a State east of vote. If the report is approved by majority vote, the Mississippi River; and members voting not to approve the contents Mr. LOTT. Mr. President, I ask unan- (ii) one shall be a governor of a State west of shall be given the opportunity to submit dissent- imous consent that the Senate proceed the Mississippi River; ing views with the report. to the consideration of Calendar No. (H) a person nominated by the National Asso- SEC. 5. POWERS OF THE COMMISSION. 281, S. 222. ciation of Counties and appointed by the Presi- (a) HEARINGS.—The Commission may hold The PRESIDING OFFICER. The dent; such hearings, sit and act at such times and clerk will report. (I) a person nominated by the United States places, take such testimony, and receive such The assistant legislative clerk read Conference of Mayors and appointed by the evidence as the Commission considers necessary President; and as follows: to carry out the purposes of this Act. (J) four persons appointed by the Secretary of (b) INFORMATION FROM FEDERAL AGENCIES.— A bill (S. 222) to establish an advisory com- Agriculture who shall be representative of The Commission may secure directly from any mission to provide advice and recommenda- groups acutely affected by drought emergencies, Federal department or agency such information tions on the creation of an integrated, co- such as the agricultural production community, as the Commission considers necessary to carry ordinated Federal policy designed to prepare the credit community, rural water associations, out the provisions of this Act. Upon request of for and respond to serious drought emer- and Native Americans. the Chairperson of the Commission, the head of gencies. (2) DATE.—The appointments of the members such department or agency shall furnish such The PRESIDING OFFICER. Is there of the Commission shall be made no later than information to the Commission. objection to the immediate consider- 60 days after the date of enactment of this Act. (c) POSTAL SERVICES.—The Commission may ation of the bill? (c) PERIOD OF APPOINTMENT; VACANCIES.— use the United States mails in the same manner There being no objection, the Senate Members shall be appointed for the life of the and under the same conditions as other depart- Commission. Any vacancy in the Commission proceeded to consider the bill, which ments and agencies of the Federal Government. shall not affect its powers, but shall be filled in (d) GIFTS.—The Commission may accept, use, had been reported from the Committee the same manner as the original appointment. and dispose of gifts or donations of services or on Governmental Affairs, with an (d) INITIAL MEETING.—No later than 30 days property. amendment to strike all after the en- after the date on which all members of the Com- SEC. 6. COMMISSION PERSONNEL MATTERS. acting clause and insert in lieu thereof mission have been appointed, the Commission (a) COMPENSATION OF MEMBERS.—Each mem- the following: shall hold its first meeting. ber of the Commission who is not an officer or SECTION 1. SHORT TITLE. (e) MEETINGS.—The Commission shall meet at employee of the Federal Government shall not This Act may be cited as the ‘‘National the call of the Chairperson. be compensated for service on the Commission, Drought Policy Act of 1997’’. (f) QUORUM.—A majority of the members of except as provided under subsection (b). All the Commission shall constitute a quorum, but a members of the Commission who are officers or SEC. 2. FINDINGS. lesser number of members may hold hearings. employees of the United States shall serve with- Congress finds that— (g) VICE CHAIRPERSON.—The Commission shall (1) the United States often suffers serious eco- out compensation in addition to that received select a Vice Chairperson from among the mem- nomic and environmental losses from severe refor their services as officers or employees of the bers who are not Federal officers or employees. gional droughts and there is no coordinated United States. (b) TRAVEL EXPENSES.—The members of the Federal strategy to respond to such emergencies; SEC. 4. DUTIES OF THE COMMISSION. Commission shall be allowed travel expenses, in- (2) at the Federal level, even though histori- (a) STUDY AND REPORT.—The Commission cluding per diem in lieu of subsistence, at rates cally there have been frequent, significant shall conduct a thorough study and submit a re- authorized for employees of agencies under sub- droughts of national consequences, drought is port on national drought policy, as provided chapter I of chapter 57 of title 5, United States addressed mainly through special legislation under subsection (c). Code, while away from their homes or regular and ad hoc action rather than through a sys- (b) CONTENT OF STUDY AND REPORT.—In con- places of business in the performance of services tematic and permanent process as occurs with ducting the study and report, the Commission for the Commission. other natural disasters; shall— (c) DETAIL OF GOVERNMENT EMPLOYEES.—Any (3) several Federal agencies have a role in (1) determine, in consultation with the Na- Federal Government employee may be detailed drought from predicting, forecasting, and mon- tional Drought Mitigation Center in Lincoln, to the Commission without reimbursement, and itoring of drought conditions to the provision of Nebraska, what needs exist on the Federal, such detail shall be without interruption or loss planning, technical, and financial assistance; State, local, and tribal levels to prepare for and of civil service status or privilege. (4) there has never been one single Federal respond to drought emergencies; (d) ADMINISTRATIVE SUPPORT.—The Secretary (2) review all existing Federal laws and pro- agency in a lead or coordinating role with re- of Agriculture shall provide all financial, ad- grams relating to drought; gard to drought; ministrative, and staff support services for the (3) review those State, local, and tribal laws (5) the State, local, and tribal governments Commission. have had to deal individually and separately and programs relating to drought the Commis- SEC. 7. TERMINATION OF THE COMMISSION. with each Federal agency involved in drought sion finds pertinent; The Commission shall terminate 90 days after assistance; and (4) determine what differences exist between the date on which the Commission submits its (6) the President should appoint an advisory the needs of those affected by drought and the report under section 4. commission to provide advice and recommenda- Federal laws and programs designed to mitigate tions on the creation of an integrated, coordi- the impacts of and respond to drought; Mr. DOMENICI. Mr. President, I com- nated Federal policy designed to prepare for (5) collaborate with the Western Drought Co- ment this body for passing the Na- and respond to serious drought emergencies. ordination Council in order to consider regional tional Drought Policy act of 1997. Our November 10, 1997 CONGRESSIONAL RECORD — SENATE S12499 Nation must not forget that while the Yet, while drought is so pervasive termining what gaps exist between the Midwest United States has recently and even though it seriously affects the needs of drought victims and those pro- suffered from severe flooding, and my economic and environmental well- grams currently designed to deal with home State of New Mexico is currently being of the entire nation, the United drought. The Commission will then not lacking precious rainfall, last year States is poorly prepared to deal with make recommendations on how Fed- the Southwest experienced the worst serious drought emergencies. As a re- eral drought laws and programs can be drought in over 100 years. The results sult of the hardships being suffered in better integrated into a comprehensive were nothing less than disastrous. every part of my State last year, I con- national drought policy. In New Mexico, for example, the vened a special Multi-State Drought In recognition of the national nature drought decimated the State’s agricul- Task Force of Federal, State, local, of drought emergencies, this effort has tural community. Every county in the and tribal emergency management garnered bi-partisan support. Senator State received disaster declarations agencies to coordinate efforts to re- BOB KERREY and other witnesses en- from the USDA. Farmers in the south- spond to the drought. The task force couraged amendments which include ern part of the State were forced to go was ably headed up by the Federal collaboration with the National to water wells, depleting an already- Emergency Management Agency, and Drought Mitigation Center as well as taxed aquifer. In northeastern New included every Federal agency that has the Western Drought Coordination Mexico, winter wheat crops failed for programs designed to deal with Council. These suggestions ensure that the first time in anyone’s memory. It drought. the Commission would receive impor- was estimated that ranchers lost up to While FEMA has done a tremendous tant input from existing entities on the 85 percent of their capital, and 40 per- job in responding to sudden disasters needs at the Federal, State, local, and cent reductions in livestock herds was such as flooding, the impact of drought tribal levels to prepare for and respond not uncommon. emerges gradually rather than sud- The drought also had a catastrophic to drought emergencies. denly. Unfortunately, what the task Unfortunately, drought conditions impact on New Mexico’s forests. The force found was this: although the Fed- incredibly dry conditions brought on are a way of life in my region of the eral Government has numerous country. But better planning on our by the drought sparked fires, which drought related programs on the books, were exacerbated by the lack of water part, and with the recommendations of we have no integrated, coordinated sys- the Drought Commission established needed to extinguish them. In all, there tem of implementing those programs. were over 1,200 fires in New Mexico last under S. 222, may limit some of the Drought victims in this Nation do not damage. I look forward to passage of year that burned over 140,000 acres of know who to turn to for help, and when land and wiped out dozens of homes this legislation, which is important to they finally do find help, it is too late and businesses. the entire United States, in the House and totally inadequate. The gradual The drought also taxed municipal of Representatives early next year. water systems to their limits, and nature of drought devastation under- Mr. LOTT. Mr. President, I ask unan- forced many cities and towns to con- scores the need for drought manage- imous consent that the committee sider drastically raised water rates for ment rather than drought response. amendment be agreed to. We must be vigilant, and prepare our- their citizens. And the drought meant The PRESIDING OFFICER. Without selves for quick action when the next that critical stretches of the Rio objection, it is so ordered. drought cycle begins. Last year’s dev- Grande River were almost completely The committee amendment was astating drought and the chaotic man- dry, which in turn meant vastly re- agreed to. ner in which governments responded to duced amounts of water for wildlife Mr. LOTT. Mr. President, I ask unan- such as the endangered silvery min- it, confirmed my belief that this legis- imous consent that the bill, as amend- now. lation is needed. With recommenda- ed, be considered read a third time and However, New Mexico’s problems tions from the Western Governors’ As- passed, the motion to reconsider be were those of just one State; the 1995– sociation, the National Governors’ As- laid upon the table, and that any state- 96 drought devastated the entire sociation, and the Multi-State Drought ments relating to this bill appear at Southwest. Arizona, California, Colo- Task Force, I introduced the National the appropriate place in the RECORD. rado, Nevada, Oklahoma, Texas, Utah, Drought Policy Act of 1997 in January. The PRESIDING OFFICER. Without and Kansas were all severely damaged This legislation, which passed the Sen- objection, it is so ordered. by the drought. We in the Southwest ate today, will be the first step toward The bill (S. 222), as amended, was are fortunate that this year is proving finally establishing a coherent, effec- read a third time and passed. to be a much better year for precipita- tive national drought policy. S. 222 cre- tion than the last. But we do not know ates a commission comprised of rep- f what the next year will bring. Another resentatives of those Federal, State, drought could again send towns scram- local, and tribal agencies and organizations that are most involved with COMMENDING THOSE WHO bling to drill new water wells, sweep WORKED ON THE ISTEA BILL fire across bone-dry forests, and force drought issues. S. 222 charges the com- farmers and ranchers to watch their mission with providing recommenda- Mr. LOTT. Mr. President, before I way of life blow away with the dust. tions on a permanent and systematic close, I do want to acknowledge the But I do not want to give the impres- Federal process to address this particu- good work that was done on the ISTEA sion that severe droughts are solely the lar type of devastating natural disas- highway and transportation infrastruc- curse of the Southwest. Every region in ter. On the Federal side, the Commis- ture bill. A number of Senators and the United States can be hit by these sion will include representatives from Members of Congress worked on this catastrophes. In 1976–77, a short but in- USDA, Interior, the Army, FEMA, legislation and did a very good job—of tense drought struck the Pacific SBA, and Commerce—agencies which course, Senator CHAFEE, the chair of Northwest, requiring the construction all currently have drought-related pro- the committee; Senator BAUCUS, the of numerous dams and reservoirs to se- grams. Equally important will be the ranking member; Senator WARNER; cure millions of additional acre feet of non-Federal members, including rep- Senator BOND; and others. needed water. The 1988 Midwest resentatives from the National Gov- Also, I want to thank their staffs for drought caused over $5 billion in losses. ernors’ Association, the U.S. Con- the work that they did well into the And the infamous 7-year drought of ference of Mayors, and four persons night last night. I know their names 1986–93 experienced by California, the representative of those groups that are have already been mentioned, but I Pacific Northwest, and the Great Basin always hardest hit by drought emer- just want to add my commendations States caused extensive damage to gencies. because I know that they really water systems, water quality, fish and The Commission also will be charged worked hard to get an agreement. wildlife, and recreational activities. with determining what needs exists on Of course, this was just a preliminary Recently, areas of Maryland, Virginia, the Federal, State, local, and tribal bout of what will be a major fight next and Pennsylvania suffered unusual levels with regard to drought; review- year in getting the big long-term bill drought conditions. ing existing drought programs; and de- done. S12500 CONGRESSIONAL RECORD — SENATE November 10, 1997 ORDERS FOR WEDNESDAY, Mr. LOTT. I yield the floor. failing ability to find a way forward, NOVEMBER 12, 1997 f even in the most difficult times. Mr. LOTT. Mr. President, I ask unan- His leadership on education and job RECOGNITION OF SERVICE OF training has been outstanding. His un- imous consent that when the Senate SENATOR KENNEDY completes its business today, it stand derstanding of the basic issues and his Mr. LOTT. Mr. President, I know tireless pursuit of better policies and in adjournment until the hour of 12 others perhaps have already spoken programs to improve the quality and noon on Wednesday, November 12. I about this, but I want to recognize the quantity of opportunities for all Amer- further ask unanimous consent that on service of the Senator from Massachu- icans have made an immense contribu- Wednesday, immediately following the setts. I understand he is the longest tion to public policy and to the lives of prayer, the routine requests through serving Senator in the history of the tens of thousands of individuals and the morning hour be granted and that State of Massachusetts and that, as a their families. the Senate proceed to a period of morn- matter of fact, this week was an anni- In the policy arena, Bill Spring has ing business for not to extend beyond versary. been a leader in every significant de- the hour of 12:30 p.m., with Senators How many years has the Senator bate and legislative achievement by permitted to speak for up to 10 minutes served? Congress on employment and job train- each. Mr. KENNEDY. It seems like only ing for over three decades. His judg- The PRESIDING OFFICER. Without yesterday, but my Republican friends ment, his evaluation of alternatives, objection, it is so ordered. think 35 years is a long time to serve in and his understanding of the needs of f the U.S. Senate. the people who need our help the most PROGRAM Mr. LOTT. I thought we spent that have been indispensable to the biparti- much time on the Food and Drug Ad- san progress we have made. Mr. LOTT. Mr. President, in conjunc- He has devoted special attention and ministration reform. tion with the previous consent, energy to the serious problems of poor Mr. President, I do want to congratu- Wednesday the Senate will be in a pe- and minority youth. From the unprece- late the Senator from Massachusetts. riod of morning business from 12 noon dented youth employment and training While we exchange views and quite to 12:30 p.m. Following morning busi- program of the Carter administration often disagree, he certainly is a hard- ness, the Senate may consider and to the current Out-of-School Youth Ini- complete final action on the following working legislator that does good work tiative in the pending work force devel- items, all in an effort to adjourn the for the positions he advocates and for opment legislation, unanimously re- first session of the 105th Congress. his State. I congratulate him on his an- ported to the Senate last month, Bill Those items include: Additional mo- niversary and for his service to the Spring’s guidance and direction have tions if necessary with respect to the State of Massachusetts and to our been superb. omnibus appropriations bill; the adop- country. In Boston and Massachusetts, Bill tion-foster care legislation; and any Mr. KENNEDY. I thank the majority has had a key role in all the progress legislative or Executive Calendar items leader. we have made in meeting the employ- cleared for action. The PRESIDING OFFICER (Ms. COL- ment and training needs of workers As previously announced, no rollcall LINS). The Senator from Massachu- and the needs of students for quality votes will occur during Wednesday’s setts. education and effective links between session of the Senate, with sufficient Mr. KENNEDY. Thank you, Madam their learning and the work force. notice being given to Senators if votes President. The nationally renowned Boston are necessary on Thursday, November f Compact could not have been achieved without Bill Spring’s design, support, 13. TRIBUTE TO BILL SPRING OF and direction. The compact has become So we could have a vote on an omni- BOSTON bus appropriations bill or it could be the most successful effort in the coun- that we would have to have votes on Mr. KENNEDY. Madam President, as try to keep young men and women in the separate appropriations bills, and we conclude this session of Congress, I school and assist their transition from that could be as many as three. It will would like to take a moment to recog- school to their future careers. Thou- just depend on how negotiations go be- nize a valued adviser, an extraordinary sands of youths in Boston now have dif- tween House and Senate conferees and public servant, and an able advocate ferent and better lives because of Bill’s the leadership over the next couple for high quality education and job creativity and energy. The new and successful relationship days. Senators will be notified as soon training for all our citizens, Bill Spring between the Boston Police Depart- as a decision is made concerning pos- of Boston. Tragically, Bill was severely injured ment, juvenile justice system, and the sible votes on Thursday. Boston school system is another of Bill The Senate will not be in session on in an accident 2 weeks ago as he was walking home from work and he re- Spring’s major achievements. The suc- Tuesday of this week in observance of cess that Boston has achieved in reduc- the Veterans Day holiday. mains unconscious today. We are all very optimistic that Bill will regain ing juvenile crime, including the elimi- f good health. Our hearts go out to his nation of juvenile murder for over 2 ORDER FOR RECORD TO REMAIN wife Micho and his children. I want years, is an extraordinary tribute to OPEN them to know how proud we are to his insight and leadership. have Bill as a friend and colleague. Our We wish him a speedy and full recov- Mr. LOTT. Mr. President, I now ask ery, and a quick return to his leader- unanimous consent that the RECORD re- thoughts and prayers are with them at this difficult time. ship on all these vital issues. main open until 3 p.m. for the intro- f duction of legislation and submission Many of us in the Senate know Bill of statements today. and worked with him during his years ADJOURNMENT UNTIL 12 NOON, The PRESIDING OFFICER. Without as a staff member of the Senate Labor WEDNESDAY, NOVEMBER 12, 1997 objection, it is so ordered. Committee or as a senior adviser to The PRESIDING OFFICER. Under f President Carter. He has also served as the previous order, the Senate stands a professor at Harvard and at Boston ORDER FOR ADJOURNMENT in adjournment until 12 noon, Wednes- University, as a vice president of the day, November 12, 1997. Mr. LOTT. Mr. President, if there is Federal Reserve Bank of Boston, as a Thereupon, the Senate, at 2:12 p.m., no further business to come before the member of the Boston School Commit- adjourned until Wednesday, November Senate, I now ask unanimous consent tee, and in many other valuable posi- 12, 1997, at 12 noon. that the Senate stand in adjournment tions. In each capacity, Bill has always f under the previous order, following the brought a brilliant intellect, an remarks of Senator KENNEDY. unyielding commitment to the prin- CONFIRMATIONS The PRESIDING OFFICER. Without ciples of fairness and opportunity, an Executive nominations confirmed by objection, it is so ordered. extraordinary creativity, and an un- the Senate November 10, 1997: November 10, 1997 CONGRESSIONAL RECORD — SENATE S12501

DEPARTMENT OF STATE EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNIT- PEARED IN THE CONGRESSIONAL RECORD ON SEPTEM- ED STATES OF AMERICA TO THE REPUBLIC OF HAITI. BER 3, 1997. DONNA JEAN HRINAK, OF VIRGINIA, A CAREER MEM- FOREIGN SERVICE NOMINATIONS BEGINNING DOMINIC BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- INTER-AMERICAN FOUNDATION ALFRED D’ANTONIO, AND ENDING DAVID MICHAEL ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- FRANK D. YTURRIA, OF TEXAS, TO BE A MEMBER OF ZIMOV, WHICH NOMINATIONS WERE RECEIVED BY THE DINARY AND PLENIPOTENTIARY OF THE UNITED STATES THE BOARD OF DIRECTORS OF THE INTER-AMERICAN SENATE AND APPEARED IN THE CONGRESSIONAL OF AMERICA TO THE REPUBLIC OF BOLIVIA. FOUNDATION FOR A TERM EXPIRING JUNE 26, 2002. RECORD ON SEPTEMBER 4, 1997. FOREIGN SERVICE NOMINATIONS BEGINNING CARL H. CAROLYN CURIEL, OF INDIANA, TO BE AMBASSADOR THE ABOVE NOMINATIONS WERE APPROVED SUBJECT EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNIT- LEONARD, AND ENDING JOANNE T. HALE, WHICH NOMI- TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- NATIONS WERE RECEIVED BY THE SENATE AND AP- ED STATES OF AMERICA TO BELIZE. QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY PEARED IN THE CONGRESSIONAL RECORD ON OCTOBER 8, STANLEY LOUIS MCLELLAND, OF TEXAS, TO BE AM- CONSTITUTED COMMITTEE OF THE SENATE. 1997. BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF FOREIGN SERVICE FOREIGN SERVICE NOMINATIONS BEGINNING RICHARD THE UNITED STATES OF AMERICA TO JAMAICA. B. HOWARD, AND ENDING RICHARD T. MILLER, WHICH TIMOTHY MICHAEL CARNEY, OF WASHINGTON, A CA- FOREIGN SERVICE NOMINATIONS BEGINNING JEFFREY NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- REER MEMBER OF THE SENIOR FOREIGN SERVICE, DAVIDOW, AND ENDING JOSEPH THOMAS YANCI, WHICH PEARED IN THE CONGRESSIONAL RECORD ON OCTOBER 9, CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- 1997.