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

Vol. 143 WASHINGTON, WEDNESDAY, OCTOBER 29, 1997 No. 148 Senate The Senate met at 11 a.m., and was U.S. SENATE, EXECUTIVE SESSION called to order by the Honorable PRESIDENT PRO TEMPORE, WAYNE ALLARD, a Senator from the Washington, DC, October 29, 1997. State of Colorado. To the Senate: Under the provisions of rule I, section 3, of NOMINATION OF WILLIAM E. the Standing Rules of the Senate, I hereby KENNARD, OF CALIFORNIA, TO PRAYER appoint the Honorable WAYNE ALLARD, a BE A MEMBER OF THE FEDERAL Senator from the State of Colorado, to per- COMMUNICATIONS COMMISSION The Chaplain, Dr. Lloyd John form the duties of the Chair. Ogilvie, offered the following prayer: STROM THURMOND, The ACTING PRESIDENT pro tem- Almighty God, You created us to President pro tempore. pore. Under the previous order, the praise You. Forgive us for the pride Mr. ALLARD thereupon assumed the Senate will now go into executive ses- that too frequently takes the place of chair as Acting President pro tempore. sion and proceed to the nomination of praise in our hearts. So often, we want William E. Kennard of California, to be adequate in our own strength, to f which the clerk will report. be loved by You because of our self- The assistant legislative clerk read generated goodness, and to be admired RECOGNITION OF THE ACTING the nomination of William E. Kennard, by people because of our superior per- MAJORITY LEADER of California, to be a member of the formance. Yet pride pollutes every- Federal Communications Commission. The ACTING PRESIDENT pro tem- thing: It stunts our spiritual growth, The ACTING PRESIDENT pro tem- pore. The able acting majority leader, creates tensions in our relationships, pore. The Senator from Montana. the Senator from Montana, is recog- and makes us people who are difficult Mr. BURNS. Mr. President, I rise nized. for You to bless. Most important of all, today to oppose the nomination of Wil- our pride separates us from You, dear liam Kennard as Chairman of the Fed- Father. When pride reigns, life becomes f eral Communications Commission. bland, truth becomes relative, and val- Throughout the confirmation proc- ues become confused. We lose that SCHEDULE ess, I have taken a particular interest inner confidence of convictions rooted Mr. BURNS. This morning the Sen- in universal service. The ruling earlier in the Bible and Your revealed truth. ate will proceed to executive session to this year by the FCC to structure a Now in this quiet moment, we praise consider the nomination of William universal service fund from a 25-per- You for breaking the bubble of illusion Kennard to be a member of the Federal cent Federal contribution and a 75-per- that, with our own cleverness and cun- Communications Commission. I now cent State contribution has caused me ning, we can solve life’s problems. Help ask unanimous consent there be an ad- a lot of concern, along with many of us recover a sense of humor so we can ditional 10 minutes of debate equally my colleagues from rural States. laugh at ourselves for ever thinking we divided between the two leaders and, I do not believe that this ruling is could make it on our own. We humble further, the vote on the nomination consistent with the intent of Congress ourselves before You. Fill us with Your will occur at 12 o’clock noon today. in the Telecommunications Act of 1996. spirit. Now, with our minds planted on The ACTING PRESIDENT pro tem- Such a rule could have severe impacts the Rock of Ages, we have the power to pore. Without objection, it is so or- on Montana and other rural States face the ambiguities of today with the dered. that are asked to make this contribu- absolutes of Your truth and guidance. Mr. BURNS. Mr. President, Members tion. Through our Lord and Saviour. Amen. can expect the first vote at 12 o’clock. In the process of determining the at- Following that vote, it is the two lead- titudes of the nominees, I have heard f ers’ intention for the Senate to turn to statements about a reliance on the his- consideration of H.R. 1119, the national torical split between States and the APPOINTMENT OF ACTING defense authorization conference re- Federal Government in the structure of PRESIDENT PRO TEMPORE port, or the D.C. appropriations bill. this fund. However, in the case of Mon- The Senate may also begin consider- tana, which has not even had a uni- The PRESIDING OFFICER. The ation of Senator COVERDELL’s legisla- versal service fund until it was enacted clerk will please read a communication tion dealing with education IRA’s. this year by the State legislature, we to the Senate from the President pro Subsequently, Members can antici- are on new territory, and history may tempore [Mr. THURMOND]. pate further rollcall votes throughout be different from present cir- The bill clerk read as follows: today’s session of the Senate. cumstances.

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

S11305

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VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11306 CONGRESSIONAL RECORD — SENATE October 29, 1997 In rural States like Montana,the uni- the difficulties of rural life. In a State eral Manager Art Isley, with the fee based on versal service fund is absolutely crit- with 148,000 square miles and only the distance the signal travels. That cost ical to the provision of basic telephone about 850,000 people, we do not always simply gets passed on, he said. ‘‘It’s costing us an arm and a leg to get service. It should further be noted that have the luxury of face-to-face commu- that (Internet service) out,’’ he said. ‘‘I don’t maintaining the universal availability nication that people have in highly get any breaks.’’ of telephone service at reasonable and populated areas, nor do we have the Communities that are served by US West affordable prices is not just a vague ability to shoulder the dispropor- such as Three Forks, Manhattan and Boze- goal but an explicit statutory mandate. tionate burden that would be placed on man don’t have to pay the cost of leasing the I ask how well has the FCC done in us by taking on 75 percent of the cost space on the system, Isley said. fulfilling this mandate? To answer this of universal service. It is the people of And because Harrison is so small, other question, it is helpful to look at the States like mine for whom universal Internet providers lack the incentive to com- pete with Three Rivers. record of the hearings which the Com- service is intended, and I do not want ‘‘If you have competition, the market is merce Committee held in September to see it dismantled. going to drive prices down,’’ McGee said. 1993, on the nomination of Reed Hundt In view of all of these facts, I must Larger communities have other tele- to be FCC Chairman. oppose Mr. Kennard’s nomination. communications advantages as well. Boze- In response to a question which I Mr. President, what we are faced man’s schools are linked to the Internet posed on universal service, Mr. Hundt with in Montana in this particular area through Montana State University, which said— is pointed up by an article that was in has its own access to the Net. While the uni- the Bozeman Daily Chronicle by Oliver versity system’s Internet structure is ex- Universal service is, and should be, one of pected to change in the next few years re- the paramount goals of the Government and Staley. I ask unanimous consent that sulting in additional costs for Bozeman’s specifically the FCC. article be printed in the RECORD. schools the low cost of service has allowed Mr. Hundt also characterized the ap- There being no objection, the article Bozeman’s schools to bring the Internet to propriate role of the FCC in response to was ordered to be printed in the thousands of students. another question. He said the FCC’s RECORD, as follows: ‘‘We’re getting an incredible deal right now,’’ said Christine Day, the district’s tech- mandate was, SOME SMALL SCHOOL DISTRICTS FIND GOOD nology services coordinator. INTERNET ACCESS TOO EXPENSIVE [T]o implement the will of Congress, as ex- Some small schools, however, have found pressed in legislation, [and that] to that end, (By Oliver Staley) ways to avoid paying huge fees for Internet the Commission’s policymaking activities HARRISON, MT.—The Internet may be the service. should take into account incentives and dis- wave of the future, but in the Harrison The Whitehall School District receives its incentives for private investment in the net- School District, it’s a wave Net surfers can’t Internet service free of charge from the Hel- work, and the creation and offering of serv- ride very far. ena-based Internections. In return, the ice. The tiny, 129-student school district has school district houses Internections’ equip- Mr. President, after reviewing the ac- just one computer linked to the Internet. ment, which allows it to provide local Inter- tivities of the FCC during the past 4 They have access for only 100 hours a month. net service to the rest of Whitehall. years, it is clear that Reed Hundt has Superintendent John McGee wants to in- ‘‘It’s great for both of us,’’ said Whitehall crease the students’ access to the Net, and been unable to fully carry out the Superintendent Paul Stemick. ‘‘Otherwise, envisions four terminals providing 200 hours they would have to pay to rent space in promises which he made to this com- of access a month. town.’’ mittee and to the Senate during his But if the school is linked to the Internet And after Whitehall’s schools are rewired, confirmation. I should also note that through its current Three Rivers Telephone a project that was to be completed Saturday, Mr. Kennard served as general counsel Cooperative’s service, it would cost the dis- every classroom will be linked to the Inter- to the FCC during this time and bears trict $3,360 a year. net. Stemick hopes to have 60 computers on- substantial responsibility for its ‘‘We couldn’t justify spending that,’’ line by Christmas. record. McGee said. The Ennis School District is using a dif- Paying $3,360 is bad enough. Making Har- It should be clear from the record ferent approach. rison’s situation even more frustrating is The district pays $2,000 a year for Vision that by focusing on the expansion of that 20 miles to the north, Three Forks Net, an interactive television system that the definition of universal service to School District pays $540 a year to connect links Ennis to 48 other Montana schools and include broad-ranging social programs, its three terminals to the Internet. universities. The program is designed to ex- the FCC’s progress toward maintaining The Manhattan School District pays $229 a pand learning opportunities for both and universal service has been delayed. year, and the Bozeman School District, adults and students, and because of Vision While such goals as providing internet which has hundreds of computers hooked up Net’s broad bandwidth, it can also carry the access to schools and libraries may be in 11 schools, pays just $2,500 a year. Internet. Those differences are a result of the Intri- Currently, the Ennis district has 13 com- laudable, they were never meant to be cate world of telecommunications, which puters linked to the Internet for its approxi- part of universal service as it has tradi- makes it harder and more expensive for mately 415 students, business manager San- tionally been known. Indeed, a huge small communities to connect to the Net. dra Lane said. That will be expanded, Lane additional burden has been placed on Ultimately, McGee said, the cost is paid by said, when the district’s Vision Net studio is rural States such as mine, in Montana, the students and faculty who are denied ac- up and running early next year and a higher- in meeting these newfound definitions. cess to a technology that is reshaping the capacity link is established. The FCC has addressed those goals in a world. Many Montana schools also plan on taking ‘‘They’re completely missing out on the fashion which many believe is detri- advantage of the ‘‘E-rate,’’ a $2.25 billion fed- big picture of what’s going on out there,’’ he eral subsidy for rural schools created by the mental to maintaining universal tele- said. ‘‘They’re missing out on all sorts of lev- Telecommunications Act of 1996. phone service—which is so important els.’’ Under the E-rate officially known as the to me and other Members of rural The high cost of supplying Harrison with Federal Communications Commissions’ Uni- States. Internet service stems from basic supply- versal Service Order schools and libraries As I have noted before, there are and-demand economics, aggravated by Mon- can receive a discount on their Internet serv- some 55 million Americans who live tana’s vast distances. ice, file servers and wiring. outside metropolitan areas today— For the nonprofit Three Rivers Telephone The discount is pegged to the percentage of Cooperative to provide Harrison with Inter- which is about the same as the total students in a school eligible for free or re- net service, the cooperative must use US duced price lunches, and it can range from 25 population of Great Britain, Italy, or West’s telephone lines. percent to 90 percent off the cost of pro- France. The largest single element of Whenever a subscriber in Harrison or Ennis viding students with the Internet. the U.S. population today is Americans dials up the Internet, their signal travels The funds come from a tax on all tele- aged 50 or older—a group that rep- along Three Rivers’ fiber optic cables to communications providers, from AT&T to resents almost 40 percent of the total Twin Bridges. From there, it joins the US local pager companies. population. Ensuring that these people West system running from Dillion to Butte, In order to apply, schools must develop a have access to affordable, quality tele- and continues to Great Falls. At Great Falls, comprehensive technology plan, in order to the signal rejoins the Three Rivers network demonstrate that the funds will be used in a phone service is especially important and travels to the cooperative’s headquarters productive manner. to all of us. in Fairfield. While some schools see the E-rate as a Coming from Montana, I have an ap- Using US West’s lines costs Three Rivers huge benefit Big Timber is planning on a 60 preciation for the unique character and about $1,600 a month, said Three Rivers Gen- percent discount, while Ennis is looking at

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11307 50 percent other schools are left out in the Now, the reason I worry so much is If confirmed, Mr. Kennard, the FCC’s cold. the Federal Communications Commis- current general counsel, would add the The Ophir School in Big Sky, for example, sion has been heading in the wrong di- expertise of a seasoned communica- doesn’t have enough low-income children to qualify, said school Principal Pat Ingraham. rection, headed toward a goal of having tions lawyer. In addition, Mr. Kennard On the other hand, Ophir doesn’t have the much higher telephone costs in rural would be the FCC’s first African-Amer- $20,000 to expand its Internet capabilities be- areas of the country. ican Chairman, and for the first time yond the one computer that is currently I will support Mr. Kennard’s nomina- in its history a majority of the Com- linked, Ingraham said. tion today, but I want everyone to be mission’s members would be of Afri- ‘‘There seems to be a hitch every time we clear that if this new board, if the new can-American or Hispanic descent. go for funding,’’ she said. ‘‘It seems it’s not Commission cannot properly define This reflects both the inclusiveness we there for you, Big Sky.’’ universal service fund support, cannot Isley at Three Rivers has no doubt that the aspire to as a society, and the freshness E-rate will improve the situation for schools read the law as we wrote it—and I we hope a reconstituted FCC will pur- like Harrison, but fears other schools will helped write it—that said comparable sue in its regulatory approach. take advantage of the program. service at an affordable price—and that But this is not just an historic mo- ‘‘My personal opinion is that this is going is not unusual English—if they can’t ment for the FCC; it is also a vitally to be the biggest boondoggle that’s ever understand that and can’t read it cor- important moment for consumers. The going to hit this country,’’ he said. ‘‘There’s rectly and can’t define universal serv- FCC’s five Commissioners control the a pot of money $2.25 billion big. There’s ice support sufficient so we don’t have regulatory destiny of industries that going to be a lot of shysters coming out of the woodwork.’’ substantial telephone rate increases account for fully one-sixth of our gross Whether it’s ripe for exploitation or not, across this country, then we ought to national product. For the consumer, the E-rate was created to help erase the dis- abolish the FCC. We don’t need the this means that the Commission’s deci- crepancies between a school like Harrison FCC and all of its staff. We don’t need sions will affect the price of a local or and schools in California’s Silicon Valley. them if they can’t make the right deci- a long-distance telephone call, how Like many Montana educators, its drafters sion. much we pay each month for cable felt that without access to computers, to- I will vote for this nomination, but I service, how many choices we will have day’s students cannot survive in tomorrow’s also want people to understand these in paging and cellphone service, and world. ‘‘If we don’t give children the skills to critical decisions must be made appro- even what we see on TV and hear on learn technology, they’re not going to have priately to provide proper universal radio. skills for the work market,’’ Bozeman’s Day service support that comports with the These would be daunting enough re- said. ‘‘They’re going to be more and more in requirements of the law—comparable sponsibilities for the new Commis- need of those skills in the next five, 10 service at an affordable price—yes, sioners in and of themselves. But last years.’’ even in the smallest towns in the most year the Congress expanded the FCC’s Mr. BURNS. I yield the floor. rural counties of this country, because duties exponentially by enacting the Mr. DORGAN. Mr. President, the that is what the Congress directed the 1996 Telecommunications Act. The act Senator from Montana expresses a universal service fund support to be in aims to introduce a heretofore-unat- good number of concerns about the uni- the years ahead. tainable level of competition and de- versal service funding issue. I, too, am Mr. President, I yield the floor. regulation into the provision of all concerned about the issue of universal The ACTING PRESIDENT pro tem- kinds of voice, video, and data services. service. The discussion this morning is pore. The Senator from Arizona. It would be nice to say that all this on the nomination of Mr. Kennard to Mr. MCCAIN. Mr. President, I want is working well. But the truth, Mr. be Chairman of the FCC. If Mr. to thank the Senator from North Da- President, is that it isn’t. The lower Kennard is confirmed, and I expect he kota for his involvement as a very ac- rates, better service, and increased will be, by the vote of the Senate tive member of the Commerce Com- competition called for by the Act have today, that means four of the five Fed- mittee and his participation now in translated, at least in the short run, eral Communication Commissioners this and a variety of other issues. The into higher rates, increased concentra- will be new Commissioners. Four of the Senator from North Dakota and I occa- tion among big industry players, and five will be new, taking office at a time sionally disagree, but those disagree- reams of new regulations. In addition, when we face some of the most critical ments are not disagreeable, and he is recent court cases have all but gutted decisions we have ever faced at the one of the most well-informed members the FCC’s plans for making local tele- FCC. of the committee. I note the presence phone service competitive. The Senator from Montana made the of Senator HOLLINGS, the distinguished In my view, the act has been an ab- point that the universal service fund is ranking member on the floor, who I ject failure in attaining any benefits critical. It certainly is critical to the know has a statement to make, as well. whatsoever for the average consumer, area that I come from. I come from a First, Mr. President, I recommend and it’s difficult to see any improve- town of 300 people, from a county the that the Senate vote to confirm the ment in the offing. That is absolutely size of the State of Rhode Island, that nomination of William E. Kennard as a unacceptable. And that, Mr. President, has 3,000 people in the entire county. member of the Federal Communica- is why we are casting individual votes Now, why is the universal fund issue tions Commission where he will serve on Mr. Kennard’s nomination this critical? Because if you don’t provide as the Commission’s new Chairman. morning. As the FCC’s general counsel, universal fund support for telephone The fact that the full Senate is debat- he is unavoidably linked with FCC’s service in the high-cost areas, it will ing and casting individual votes on Mr. failed and flawed implementation of mean many areas of this country will Kennard’s confirmation underscores the act to date. We are therefore anx- not have good telephone service, be- the importance to the American people ious that Mr. Kennard understand the cause a whole lot of folks won’t be able of the decisions the Senate is making dissatisfaction with what is occurring to afford it. about the FCC. and that he be responsive and flexible The FCC estimated that in my home- For the first time since it was estab- in addressing our concerns. The FCC is, town it would cost $200 a month to lished in 1934, the Senate is filling four after all, an agency created by the Con- build and maintain a new network to vacancies on this five-member Com- gress. Its primary responsibility is to provide telephone service—$200 a mission. Last night the Senate con- implement and enforce the will of Con- month—but of course in a very large firmed the nominations of three of gress, pursuant to authority delegated city that might be $10 a month. So these new members: Michael K. Powell, to it by Congress. Some of our mem- what we have done in this country his- an antitrust lawyer; Harold Furchgott- bers are very concerned that Mr. torically is to have universal service Roth, an economist; and Gloria Kennard may be so tied to the FCC’s support for the high-cost areas so that Tristani, a state commissioner. The current policies that he will be not they have comparable telephone serv- combination of expertises they bring to fully responsive to congressional con- ice at affordable rates. That is what the FCC will make an invaluable con- cerns about them. the whole premise of universal service tribution to the quality of its deci- These concerns have led to sequential has been about. sions. questions by myself, Senator BURNS,

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11308 CONGRESSIONAL RECORD — SENATE October 29, 1997 Senator STEVENS, Senator BROWNBACK, I was very pleased to hear the chair- consumers. I think that, as FCC gen- Senator HELMS, and others about Mr. man’s statement that it is his belief eral counsel, Bill Kennard has the ex- Kennard’s ability and willingness to re- that Mr. Kennard possesses an ‘‘un- perience to help see these reforms examine and change policies of the blemished reputation’’ for candor and through. FCC that we believe misinterpret the integrity. I appreciate his comments I happen to believe he will be an inde- law and harm consumers. These con- and believe they have been well stated. pendent and a strong voice, yet respon- cerns are only heightened by the very As California’s Senator, I am particu- sive to the concerns that the distin- public way in which the administration larly pleased to rise in support of the guished chairman has pointed out. I am has sought to involve itself in the de- President’s nomination. pleased to add a California voice and to liberations of this supposedly inde- Bill Kennard has very strong Cali- support this distinguished nominee. pendent regulatory agency. fornia roots. He was born in Los Ange- I thank the Chair and I yield the Obviously, I do not agree with Mr. les. He graduated with honors from my floor. Kennard on many issues. For example, alma mater, Stanford University. He Mr. HELMS addressed the Chair. he believes that the FCC can and then attended Yale Law School. The ACTING PRESIDENT pro tem- should tell broadcasters what kinds of Bill Kennard’s family also has strong pore. The Senator from North Carolina programming they must present. I ve- California roots. His father, Robert is recognized for 5 minutes. hemently disagree. He believes that the Kennard, now deceased, was a very Mr. HELMS. I thank the Chair and I FCC’s current policies on telephone well-regarded architect in the Los An- thank the managers of the bill. competition are working. I vehemently geles area. He formed the largest con- Mr. President, we have been working disagree. I am also troubled by the fact tinuously operating African-American with Senator MCCAIN and Senator HOL- that, when asked, he was unable to architectural practice in the western LINGS and their staffs and, of course, specify any particular issue with which United States and also served as the William Kennard. I met with him for he might have disagreed with the founding member of the National Orga- some time in my office. Mr. Kennard is FCC’s current chairman—despite the nization of Minority Architects. the nominee to be Chairman of the fact that the FCC had disposed of thou- His mother, I want this body to Federal Communications Commission, sands and thousands of issues during know, is also a distinguished person. as you know. Now, all of us—and I his tenure as its general counsel. That She grew up in the great Central Val- think it is fair to include Mr. did not bode will for the independence ley of California. She received a mas- Kennard—want to rectify an awkward of his approach to governing the FCC. ter’s degree in bilingual education and and unjustifiable situation that has de- Mr. President, I am going to vote in has worked in the field of bilingual veloped in the Federal Communica- favor of his confirmation, and I will education in Los Angeles. tions Commission process of awarding tell you why. Mr. Kennard has an un- The President’s nomination is, in broadcast licenses. Specifically, in this blemished reputation for intelligence fact, a historic one. Following his con- case, a well-known and highly re- and integrity, and I find him to be an firmation, he will be the first African- spected and popular broadcasting exec- individual with whom I believe we can American to serve as FCC Commis- utive in Asheville, NC, was curiously work in an atmosphere of mutual can- sioner in the history of the United disqualified in his application for an dor and respect. States. He is well prepared for the chal- FM frequency in the Asheville area. In the final analysis, Mr. President, I lenges ahead of him. He has a broad There was a lot of resentment in the believe it is neither reasonable nor nec- telecommunications background in public about that. essary that all members of the Senate both the public and the private sector What happened, Mr. President, was endorse the current policies of the FCC and an impressive range of experiences that this gentleman, Zeb Lee, of Ashe- or Mr. Kennard’s personal policy predi- that, I believe, will serve him well and ville, and 12 other groups, had applied lections. It is much more important serve the Nation well. for the FM frequency when it became that the Senate understand how dif- Since 1993, as the chairman men- available in 1987. The Commission’s ficult the issues are that Mr. Kennard tioned, Bill Kennard has served as FCC comparative hearing process, in effect is going to be called upon to decide, general counsel. He has represented the at that time, was used to determine and that we undertake to work closely Commission before the courts and which group would be the most quali- and collaboratively with him in resolv- served as its principal legal advisor. In fied for the frequency. ing them. I give you my promise, as that capacity, he has defended the Zeb Lee had run station WSKY–AM chairman of the Commerce Committee, commission well. in Asheville for 46 years, during which to exercise the committee’s oversight Bill Kennard was a partner in the time he did the play-by-play for about responsibility exactingly and continu- Washington law firm of Verner, 4,000 high school football games, and by ously, and I know the members of the Liipfert, Bernhard, McPherson & Hand, sponsoring such public interest things committee are as committed to this specializing in communications law. He as an Elvis Presley concert in 1955, task as I am. has served as assistant general counsel which I would not have listened to, but On this basis, Mr. President, I am of the National Association of Broad- most people did want to hear it. But he pleased to support the confirmation of casters. made so many innovations in broad- William E. Kennard as Chairman of the I also know that he has been involved casting that he became just a house- Federal Communications Commission. in the needs of his community here in hold word, in terms of his name. He is Mr. President, I reserve the balance Washington and has served on the enormously popular to this day. of my time. Well, Mr. President, in 1989, a 20-day Mrs. FEINSTEIN addressed the board of a nonprofit homeless shelter. With this committee’s leadership, the hearing was held during which an FCC Chair. The ACTING PRESIDENT pro tem- Congress was able to pass the most administrative law judge disqualified pore. The Senator from California is comprehensive communications legis- most of the other applicants because recognized. lation since passage of the 1934 Com- the judge ruled that they either lacked Mrs. FEINSTEIN. I thank the Chair. munications Act, upgrading our tele- experience, didn’t have transmitter fa- The ACTING PRESIDENT pro tem- communications law to address modern cilities ready to go, or were basing pore. Who yields time to the Senator? telecommunications needs. their application purely on provisions Mr. HOLLINGS. Mr. President, I The 1996 act sought to develop a reg- favoring minorities—women and oth- yield such time as is necessary to the ulatory framework that provides the ers. The judge found for the Lees, rul- distinguished Senator from California. benefit of competition for consumers, ing in their favor on May 4, 1990. The The ACTING PRESIDENT pro tem- spurs the development of new products judge found that the Lees were the pore. The Senator from California is and reduces costs, while it also re- most qualified, citing their stewardship recognized. moves unnecessary regulatory barriers. of the AM station and Mr. Lee’s com- Mrs. FEINSTEIN. Mr. President, I Congress has set the stage for a new mitment of involvement in the day-to- thank the ranking member of the com- telecommunications era, and we need day management of the station. The mittee and I also thank the chairman to ensure that that law is implemented FCC then favored active involvement of the committee. properly and that it works fairly for by owners in the day-to-day operations

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11309 of a radio station, as opposed to passive Senators should note that Mr. cided under the old rules by an ALJ and in investors who would not be active man- Kennard clearly feels the FCC can con- some cases decisions made by the full Com- agers. I think that is the way to go, as duct hearings on this small group and mission, although these decisions may have been on appeal. In those cases, the parties a former broadcaster. class of applicants using new compara- often had spent many years and hundreds of In any case, Mr. President, in addi- tive criteria. thousands of dollars to advance their appli- tion to the first ruling in favor of Zeb In any event, Mr. President, I then cations under the old rules. Do you believe Lee and his people, on April 8, 1991, the consulted and wrote to the able chair- that it would be more equitable not to apply FCC Review Board affirmed the admin- man of the Senate Commerce, Science, auction procedures to the cases which were istrative law judge’s ruling. And then and Transportation Committee, Mr. far along in the process, where the appli- on February 28, 1992, the FCC released MCCAIN, seeking assurance that Sen- cants had played in good faith under the old rules, and to instead have those cases de- its first decision favoring the Lees and ator MCCAIN now agrees that the provi- cided using any existing hearing record pur- a second decision also favoring the Zeb sions in the Balanced Budget Act of suant to such special rules as the Commis- Lee application was released, I believe, 1997 do not prohibit the FCC from using sion might adopt for deciding them? on November 23, 1992. the comparative process in these 25 or I do believe that the Bechtel decision has So on June 14, 1993, the FCC released 30 cases. caused unfairness to many applicants who a third ruling favoring the Lees. I ask unanimous consent that copies have had further processing of their applica- Well, Mr. President, you might say, of my letter and Senator MCCAIN’s re- tions delayed and, as a result of that court decision, will necessarily have their applica- ‘‘Why is HELMS going to speak today sponse be printed in the RECORD at the tions processed under new procedures. I am talking about this nominee and this conclusion of my remarks. quite sympathetic to their predicament. situation in Asheville, NC.?’’ The ACTING PRESIDENT pro tem- That is why the Commission argued to the The FCC granted a construction per- pore. Without objection, it is so or- court in Bechtel that the court’s decision mit to the Lees on April 30, 1993, fol- dered. should only apply to new cases. Unfortu- lowing which they began the construc- (See exhibit 2.) nately the Commission was not successful tion process. So it went through a se- Mr. HELMS. I thank the Chair. and the court rejected this argument. As ries of regulatory twist and turns in Mr. President, I have been given as- noted above, the issue of what those proce- which the Lees complied with every surances satisfactory to me by Mr. dures will be, that is, whether some or all pending applications should be auctioned or order and requirement issued by the Kennard that he will, within statute decided pursuant to some new, yet-bo-be de- FCC and the administrative law judge, and regulation, work in good faith with veloped criteria, will be a subject of the who stipulated that Mr. Lee must dis- me and others to resolve the problems Commission’s rulemaking proceeding imple- pose of his AM station as a condition the Bechtel decision caused. menting the Balanced Budget Act of 1997. for acquiring that FM license—which I was very impressed when Mr. The Commission certainly may consider as Mr. Lee did. Amazingly, on June 18 of Kennard came to my office and met part of that rulemaking proceeding any ar- this year, the FCC which had reversed with me about 3 weeks ago. I appre- guments that particular classes of pending applicants should be treated differently. itself on June 2, forced the Lees off the ciate his voluntary assurance that he c. The U.S. Court of Appeals in the Bechtel air. will work with us on the Zeb Lee case. case ordered the Commission to issue new Zeb Lee has asked the U.S. Court of Therefore, Mr. President, I support the comparative rules. Although the Commis- Appeals to examine the manner in nomination, and I am going to ask for sion never formally adopted such new rules, which the FCC handled his application, the yeas and nays. I hope that he will its staff, including your office, prepared which led to his being taken off the air. be confirmed unanimously by the Sen- draft rules to respond to the Court’s order. The court will shortly issue a decision ate. Please summarize how those draft rules would have dealt with pending cases, and in the near future. EXHIBIT 1 comment on whether those drafts might be Mr. President since April 30, 1993, the RESPONSES OF WILLIAM E. KENNARD TO POST- suitable and readily adaptable for use in re- U.S. Court of Appeals in the Bechtel HEARING QUESTIONS SUBMITTED BY SENATOR solving at least those pending cases that had case of December 17, 1993, struck down CONRAD BURNS ON BEHALF OF SENATOR reached the point where an initial decision the ‘‘comparative process’’ that had JESSE HELMS had been issued based on a hearing record. been used to determine allocations of 1. As you know, the recent budget legisla- The FCC staff presented a draft order to radio and television frequencies. The tion included a provision that appear[s] to the Commission earlier this year. In that require the FCC to apply auction procedures draft, the staff recommended that pending court directed the FCC to come up with hearing cases be resolved by a lottery pursu- new comparative standards. The Lees to pending applications for radio stations. These provisions were reportedly aimed at ant to section 309(i) of the Communications and about 25 to 30 other people were af- resolving the applications that have been in Act. The Balanced Budget Act of 1997 elimi- fected by this decision. limbo since the Bechtel case struck down a nated the Commission’s authority to use lot- But their cases have been frozen ever part of the FCC’s rules governing compara- teries for these cases, so the staff proposal is since. Additionally, a provision in the tive license application proceedings. Please no longer an option. Balanced Budget Act of 1997, which clearly state your views in response to the EXHIBIT 2 went into effect July 1, required that following questions: U.S. SENATE, all radio and television frequencies be a. In your opinion, is the FCC now required Washington, DC, October 21, 1997. subject to auction. This provision con- to apply these auction provisions to all pend- Hon. JOHN MCCAIN, ing application cases, or does the FCC have Chairman, Senate Committee on Commerce, cerned me because Zeb Lee’s case and discretionary authority not to handle pend- another 25 to 30 cases were in the pipe- Science, and Transportation, Washington, ing cases through this auction approach? DC. line and could be subject to auction In the Balanced Budget Act of 1997, Con- DEAR JOHN: My folks have conducted nu- which nobody anticipated. gress required the FCC to use auctions to re- merous discussions with your good people I find no fault with the provision in solve all future comparative broadcast pro- about the FCC treatment of Zeb Lee, a long- the balanced budget legislation, but it ceedings involving commercial stations. For time Asheville broadcaster, in response to crept in the back door on Mr. Lee and pending applications, the statute states that Lee’s attempt to secure an FM radio station. the others. the Commission ‘‘shall have the authority’’ (Zeb and approximately 25 to 30 other appli- to use auctions. The Conference Report So, to get to the meat of the coconut, cants were left stranded in the regulatory states that this provision ‘‘requires’’ the process by the Bechtel court decision.) Mr. President, I submitted questions to Commission to use auctions for pending Additionally, I understand these 25 to 30 Mr. Kennard through Senator BURNS’ cases. The Commission will be determining applicants are not affected by the provision Commerce Communications Sub- in a rulemaking proceeding implementing requiring the auctioning of all radio and tel- committee about all of this. I ask the Balanced Budget Act of 1997 how it evision licenses that was included in the Bal- unanimous consent that the nominee’s should proceed with these pending cases. The anced Budget Act of 1997, which went into ef- responses be printed in the RECORD at statutory language suggests that the Com- fect July 1 of this year. the conclusion of my remarks. mission has discretion to use comparative The FCC contends that it interprets this proceedings for pending cases. provision as giving the Commission the au- The ACTING PRESIDENT pro tem- b. While most of the pending comparative thority to decide whether these 25 to 30 ap- pore. Without objection, it is so or- cases had not gone through a hearing before plicants be judged on the basis of the com- dered. an administrative law judge, and had at least parative hearing process. John, I do hope (See exhibit 1.) an initial decision issued, a relatively small that you agree that this is a proper interpre- Mr. HELMS. I thank the Chair. number of these cases had in fact been de- tation.

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11310 CONGRESSIONAL RECORD — SENATE October 29, 1997 Furthermore, in the future if the courts I yield the floor. The telecommunications industry has question this interpretation for these appli- Mr. MCCAIN addressed the Chair. seen incredible technological advances cants, I do hope that you will reaffirm this The ACTING PRESIDENT pro tem- made over the last two decades. As a interpretation and move related legislation pore. For the information of the Sen- result, the responsibilities and scope of swiftly through the Senate. 1 Many thanks, John. ator from Arizona, he has about 3 ⁄2 the FCC have increased dramatically. Sincerely, minutes. Today, it is more important than ever JESSE. Mr. MCCAIN. Thank you, Mr. Presi- for FCC Commissioners to be able to dent. respond and adapt to these changes in U.S. SENATE, COMMITTEE ON Mr. President, I thank the Senator a timely manner. COMMERCE, SCIENCE, AND from North Carolina for his coopera- Recently, the FCC issued a regula- TRANSPORTATION, tion on what is a very important issue tion that will have a profound impact Washington, DC. October 23, 1997. with one of his constituents, and one of on the trucking industry nationwide. Hon. JESSE HELMS, great importance to him. I am grateful While ordinarily one would not think U.S. Senate, of an FCC action having an adverse im- Washington, DC. for his cooperation and that of his staff DEAR JESSE: I am aware of your concern in resolving it. pact on trucking companies, such is over whether Section 3002(a) of the Balanced I reserve the remainder of my time. not the case in this situation. On Octo- Budget Act would permit the Federal Com- Ms. MOSELEY-BRAUN. Mr. Presi- ber 9, the FCC issued a regulation im- munications Commission to use comparative dent, I strongly support the nomina- plementing a provision of last year’s hearings where mutually-exclusive applica- tion of William Kennard to serve as Telecommunications Act, which di- tions have been filed for initial licensees or Chairman of the Federal Communica- rected the FCC to provide for adequate construction permits for commercial radio tions Commission, and I urge all of my compensation of pay phone operators. and television stations. As a principal pro- colleagues to do the same. The new FCC regulation ordered long- ponent of this part of the legislation, I am distance companies to pay payphone happy to have this opportunity to respond to There is perhaps no industry that has your question. undergone more rapid or greater owners 28.4 cents per call for each call Section 3002(a) specifically states that, change than the telecommunications to a toll-free number unless the with respect to competing applications filed industry. In terms of technology, own- payphone owner and the long-distance before July 1, 1997, the Commission ‘‘shall ership, and opportunities, the commu- company have a contract specifying a have the authority to conduct’’ auctions. nications industry has literally under- different rate. The charge applies to Therefore, the Commission’s authority to gone a revolution. These changes will both customer toll-free numbers and to conduct auctions in these situations is clear- create opportunities for consumers, ex- company access numbers, including ly and explicitly permissive, not mandatory. those on prepaid calling cards. The Moreover, the statute contains no provision isting companies, and new entrants. In affecting the Commission’s existing author- the coming years, the FCC will face charge became effective immediately. ity to hold comparative hearings, although enormous challenges as it attempts to Long-distance carriers, in turn, are it does explicitly repeal the Commission’s cope with these changes and finishes passing this charge along to their cus- authority to conduct lotteries. Read to- implementing the provisions of the tomers. The carriers are not limited to gether under long-established principles of Telecommunications Act of 1996. a set charge and as a result the amount statutory interpretation, there can be no No one is more prepared for that being charged varies depending on the doubt that these provisions: (1) permit, but challenge than Bill Kennard. He has carrier. do not require, the use of auctions to select demonstrated exceptional leadership Pay phones are the life line between initial licensees for commercial radio and the Nation’s 3.2 million truck drivers television stations; and (2) that the Commis- and mastery of the issues during his 4 years as general counsel of the FCC, and their home offices. A driver will sion is (a) permitted, but not required, to use call in numerous times during the day comparative hearings to select such licens- and his many years as a telecommuni- ees or permittees in cases where it deter- cations lawyer. When I think of Mr. and in most cases will talk no longer mines that auctions should not be used, but Kennard, I think of something that than 2 minutes. Nevertheless, under (b) is not permitted to use lotteries to select Jean-Claude Paye, former Secretary this new rule, the trucking company licensees or permittees for any service. General of the Organization for Eco- will be charged each time a driver calls As to the impact of legislative history nomic Cooperation and Development, in. (conference reports, floor statements, and Arkansas has been fortunate to have said of the changing times in which we other such collateral material), it is a basic a significant trucking industry based live. He said that societies concerned tenet of statutory interpretation that where, in our State. Some of the largest as here, the letter of the law is unambiguous about their economies ought to look to trucking companies in the Nation are on its face, legislative history cannot be read their fraying social fabric, as economic headquartered there. This new regula- to override it. Therefore, any such state- growth is the weave of national char- ments that appear inconsistent with the tion will have a devastating effect on acter. The waft of it, he said, are the their business costs. For instance, in clear terms of the statute cannot be inter- people who embrace and master social preted to contradict it or to call it into ques- the case of J.B. Hunt Trucking, it is es- tion. change. timated that this new regulation will Finally, in the unlikely event that any fu- Bill Kennard is one of those individ- increase the company’s phone bill by ture court opinion misconstrues the statute, uals. He will bring to the helm of the approximately $200,000 a month. This I will do whatever is necessary to secure the FCC not only an understanding of the will equate to $2.1 million annually. passage of legislation that will restate the industry and the economics, but the so- Smaller trucking firms have also terms of the statute as reflected in this let- cial and societal implications of the contacted me and said their phone bills ter. issues that he will address as Chairman are projected to double under this new I sincerely trust this will answer your of the FCC. questions fully. I would be pleased to provide rule. A small business is completely you with anything further you might wish Mr. President, I expect great things unable to absorb an increase of this on this issue at any time you feel it would be from Bill Kennard and I look forward magnitude. helpful. to working closely with him as he When it comes to using payphones, Sincerely, steers the telecommunications indus- the trucking industry is virtually a JOHN MCCAIN, try into the 21st century. I commend captive consumer. There is no real al- Chairman. the President for choosing such a ternative and no option to avoid pay- Mr. HELMS. Mr. President, if it is in qualified and competent individual for ing what is, in effect, a very expensive order and agreeable to the manager of this duty, and I hope that every one of tax. this nomination, I ask for the yeas and my colleagues will support his nomina- Mr. President, we need to explore al- nays. tion. ternatives to provide some relief to The ACTING PRESIDENT pro tem- I thank the managers of this nomina- this industry. I will be contacting the pore. Is there a sufficient second? tion, and I yield the floor. FCC Commissioners to work with them There is a sufficient second. Mr. HUTCHINSON. Mr. President, I on this problem and I would encourage The yeas and nays were ordered. rise today in support of the nomination my colleagues to do the same. Mr. HELMS. I thank the Chair. I of William E. Kennard to the Federal The ACTING PRESIDENT pro tem- thank the manager. Communications Commission [FCC]. pore. Who requests time?

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11311 Mr. HOLLINGS addressed the Chair. tion does not come with a money-back Mrs. BOXER. Thank you. The ACTING PRESIDENT pro tem- guarantee. The Congress did not guar- Mr. President, I am pleased to add pore. The Senator from South Caro- antee any incumbent continued my voice to support the nomination of lina. marketshare. Nor did the Congress William Kennard to be the Chairman of Mr. HOLLINGS. Mr. President, I guarantee that competitors would gain the Federal Communications Commis- thank the distinguished Chair. marketshare. What the Congress at- sion, and I am proud to say that he is Mr. President, I am privileged to sup- tempted to guarantee was the right to a native of my home State of Cali- port the confirmation of Bill Kennard’s compete under certain conditons. It fornia. I join with Senator FEINSTEIN nomination to be Chairman of the Fed- will be the FCC’s job to enforce those today in this moment of pride. eral Communications Commission. You conditions to bring the benefits of com- Bill Kennard’s experience and knowl- will find no one more qualified than petition to consumers. More impor- edge of communications issues will be William Kennard. tantly, though, its job will be to pro- extremely important in helping the Mr. President, today, the Senate will tect consumers where competition and FCC deal with the many, many dif- consider the nomination of William the marketplace fail. ficult challenges it faces. He has been Kennard for Chairman of the Federal As the FCC decides each of these their general counsel since 1993 serving Communications Commission [FCC]. issues, the most important aspect of its as the principal legal adviser of the Mr. Kennard has spent his career in responsibility is to safeguard the pub- agency during an extraordinary period the communications field—as a first lic interest. The FCC’s job is to protect in the history of communications. amendment attorney with the National consumers by promoting competition The last 4 years have seen dramatic Association of Broadcasters; as a com- and removing barriers to entry or, in changes in communications tech- munications lawyer in private practice; the alternative, enforcing regulation nology, communications markets, and and the last 3 years as general counsel where competition does not exist. communications policy. We know one Mr. President, you will find the frus- of the FCC. Mr. Kennard brings a tre- important thing is for certain. There tration of those addressing this par- mendous amount of experience to the will be more historic changes almost job at a critical time in the commu- ticular subject comes about from a failure of implementation by the pri- every month and every week in this nications industry. A great deal of area. work remains to be done to fully imple- vate industry itself. We worked for 4 years on the Telecommunications Act In a series of historic decisions, the ment the 1996 act. He is eminently that passed last year. It is noted that FCC has rewritten the rules governing qualified for the task at hand. we had 95 votes. A strong bipartisan every lane of the information super- The overarching goals of the 1996 act support was worked out to the satisfac- highway—local, long distance, inter- are to preserve Universal Service, and tion of all the entities. Now we find national telecommunications, sat- to provide a transition from monopoly some of those entities coming in and ellite, spectrum, broadcast television, to open competition. Mr. Kennard un- petitioning and enjoining and appeal- and multichannel TV. derstands that neither of these objec- ing to the U.S. Supreme Court. There Bill Kennard has a bird’s-eye view of tives will happen on their own accord. are some 73 local carriers that now these important changes, providing ex- It will be the responsibility of Mr. have enjoined their local commissions. cellent advice and counsel to the FCC Kennard, the three new commissioners You will find one particular RBOC Chairman and Commissioners. confirmed last night, along with Com- that has petitioned the Court on the Prior to joining the FCC, Bill missioner Ness, to fulfill these objec- constitutionality of what we enacted Kennard practiced communications tives by balancing the competing inter- after they sent a wonderful letter in law for several years where he special- ests of industry with the public inter- support of what we enacted. ized in broadcast, cable TV, and cel- est. What you are seeing on behalf of the lular matters. He knows where the For the past 20 months, the FCC has industry overall is a freezing of the communications world has been. And been doing its best to implement the board by the majority. And there has he has a strong vision for the future of Telecommunications Act of 1996. The been very little movement of cable into the communications world. rules adopted by the FCC have gen- telephone, telephone into cable and I urge the Senate to give unanimous erated a great deal of controversy and RBOC into long distance. They have approval to this very important nomi- subsequent litigation. Most of those not met the so-called checklist, and nation. issues are either pending in the courts have held up on it. That is what is real- I yield my time to the Senator from or before the FCC on reconsideration. ly in force. South Carolina. So it goes without saying that Mr. So some of these mergers could well The ACTING PRESIDENT pro tem- Kennard will have a very important, break it loose in the telecommuni- pore. The Senator from South Caro- and sometimes difficult, job ahead of cations wall—again, the wall of com- lina. him. petition. Mr. HOLLINGS. I thank the distin- First, and foremost, the new Com- Mr. Kennard, I am convinced, under- guished Chair. mission must understand that the Uni- stands what is going on. He would have I think the distinguished Senator versal Service System we have today is to at the Commission level as the gen- from New Jersey has his own time. I a mechanism designed to maintain eral counsel. I hope under the law and would be delighted to yield whatever low-cost affordable phone service in the requirements of public interest and time is necessary. rural and high-cost areas. These areas in balancing all of the interests of the The ACTING PRESIDENT pro tem- of the country would not have had tele- various carriers with that public inter- pore. The Senator from New Jersey is phone service, much less any economic est in mind that we can move forward. recognized. development, were it not for the Fed- So I appreciate the situation and Mr. TORRICELLI. I thank very much eral support and Government mandate would be delighted to yield to others. the Senator from South Carolina for Mrs. BOXER addressed the Chair. of Universal Service. The Commission The ACTING PRESIDENT pro tem- yielding the time. should be vigilant to maintain Uni- pore. The Senator from California is Mr. President, I am very pleased to versal Service and its attendant bene- recognized. join in recommending to the Senate fits. Mrs. BOXER. Mr. President, what is William Kennard to be Chairman of the The second issue is the promotion of the order? Federal Communications Commission. competition across the various indus- The ACTING PRESIDENT pro tem- By his record as general counsel, Mr. tries. Much of the deregulation of the pore. I understand the Senator from Kennard’s tenure as Chairman of the act was premised on the commitments South Carolina yielded to the Senator Commission promises to be both able made by industry to compete with each from California. and insightful at a time of extraor- other. Now some segments of the in- Mr. HOLLINGS. I would be glad to dinary technological change in the dustry are having second thoughts yield that time. Go right ahead. United States. about competition. The grand plans The ACTING PRESIDENT pro tem- Yesterday, at my request, this nomi- pledged to the Congress over 2 years pore. The Senator from California is nation was held until today so I would ago no longer seem so grand. Competi- recognized. have an opportunity to meet with Mr.

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11312 CONGRESSIONAL RECORD — SENATE October 29, 1997 Kennard. What may be the best proof is a half-million residents without water Mr. FORD. Mr. President, I under- former Speaker O’Neill’s maxim that for nearly 3 days, a local FM station stand there is some time left to discuss ‘‘all politics is local.’’ At a time when was the only source of live coverage the nominee? the Commission is dealing with great from the scene of the break and the The ACTING PRESIDENT pro tem- national and, indeed, global issues, in only source of continuous, round-the- pore. The Senator is recognized. this moment of extraordinary change clock reports throughout the emer- Mr. FORD. I thank the Chair. in the industry, I needed an oppor- gency. Again during the recent explo- Mr. FORD. Mr. President, I join my tunity to address with Mr. Kennard a sion of the Napp Chemical plant in colleagues today in voicing my strong continuing problem with the Commis- Lodi, NJ, a local FM station was the support for the nomination of William sion in my own State of New Jersey. primary source of onsite news and in- Kennard to serve as Chairman and For 15 years my predecessor, Senator formation about the risks of possible member of the Federal Communica- Bradley, brought to this body the con- toxic fumes which originated from the tions Commission. tinuing problem that the 8 million peo- plant. Also, for years local FM service With the passage of the Tele- ple of the State of New Jersey are has provided extensive school closing communications Act of 1996, the Fed- largely without internal communica- reports during snowstorms, and noti- eral Communications Commission tion because of the dominance of Phila- fied the public of road conditions and faces the daunting challenge of being a delphia and the city of New York in other weather-related emergency infor- regulatory agency that will promote a television and radio. Indeed, New Jer- mation. deregulated telecommunications indus- sey alone, through most of this cen- However, the survival of FM service try. The FCC requires a leader who will tury, has been without a commercial in Bergen County has recently been be able to charter the agency and the television station until Senator Brad- threatened by another Washington reg- industry through these unchartered ley led the effort to bring one of those ulatory bureaucracy out of touch with waters. licenses to the State of New Jersey. the people it is supposed to serve: The Mr. Kennard brings a keen under- The State still, in its commercial, po- Federal Communications Commission standing of the telecommunications in- litical and cultural development, is not [FCC]. Mr. President, I am here today dustry and superb academic credentials properly served. That problem has now to ensure that the FCC does not suc- to the agency. His years of experience repeated itself with New Jersey’s larg- ceed in ending FM service for Bergen as the FCC’s general counsel have pro- est county, home to nearly a million County. This is a matter of principle, vided him with the experience and in- people in Bergen County, NJ, which and it is the right thing to do for the sight to hit the ground running. I am may be without FM radio service. I residents of my State. Until the advent confident that he has the leadership know in the great plethora of issues of local FM service, the residents of qualities to effectively lead the multi- this does not seem like a significant Bergen County had to rely upon radio member agency and to forge the con- question unless you live in the State of stations in New York City to provide sensus needed for the FCC to accom- New Jersey. them with their news and information. plish the goals of the 1996 act. He will Bergen County, NJ, is host to more Unfortunately, radio stations in New being keen intellect, good judgment, Fortune 500 corporations than all but a York City focus on the news and needs and common sense to the office of few counties in America. It is one of of the residents of that city, and often- Chairman and to the agency as a the highest income counties in the en- times ignore those living in the New whole. tire United States of America and, in- Jersey suburbs. I believe that Mr. Kennard is an out- deed, has more people than six States Bergen County has more than 70 mu- standing nominee. I am convinced, in the United States of America. But nicipalities and school districts, six through my personal experiences of from everything from its internal po- State legislative districts, two congres- meeting him as well as from discus- litical debate to news about emer- sional districts, 231 square miles, and a sions from around the entire tele- gencies within the county to the sim- population larger than the States of communications industry, that he will ple matter of school closings due to Alaska, Montana, North Dakota, South serve with distinction. I strongly sup- weather, people are unable to get basic Dakota, Vermont, Wyoming, and the port his nomination and encourage my information. Those licenses rest in the District of Columbia. It is a county of colleagues to do the same. I look for- city of New York. Indeed, most of them tremendous size and importance, and it ward to working with Chairman should. But one, at least one of them, deserves an FM news and information Kennard in the future and offer him my as, indeed, with one television station, source of its own. congratulations on his confirmation. should be in this area of suburban New Yesterday, I met with William I suggest the absence of a quorum. Jersey. Kennard, the President’s nominee to be The PRESIDING OFFICER (Mr. ROB- I spoke at length yesterday with Mr. Chairman of the FCC, and I am con- ERTS). The clerk will call the roll. Kennard. I am convinced that he is as fident that the commissioners of the The legislative clerk proceeded to sensitive to the problem that the Com- agency will work with my office to pre- call the roll. missioners responded to for Senator serve FM service for Bergen County. If Mr. FORD. Mr. President, I ask unan- Bradley on previous occasions and that the FCC is to continue in its mission to imous consent that the order for the under Mr. Kennard’s leadership the ensure broadcast capability for the quorum call be rescinded. Commission will respond as well in public interest, then the commis- The PRESIDING OFFICER. Without sensitivity to both the ongoing tele- sioners must end this instance of objection, it is so ordered. vision problem but also this new di- broadcast discrimination against the The question is, Will the Senate ad- lemma of how to ensure a continued people of Bergen County, NJ. vise and consent to the nomination of FM radio presence. Therefore, I was I yield my time to the Senator from William E. Kennard, of California, to very pleased last night to have partici- South Carolina. be a member of the Federal Commu- pated in asking that the nomination The ACTING PRESIDENT pro tem- nications Commission. The yeas and come to the floor today and am very pore. Who seeks recognition? nays have been ordered. The clerk will pleased today to rise in support of Mr. Mr. HOLLINGS. Mr. President, I sug- call the roll. Kennard’s nomination. gest the absence of a quorum. The legislative clerk called the roll. For years, the 840,000 residents of The ACTING PRESIDENT pro tem- The result was announced—yeas 99, Bergen County have relied on local FM pore. The clerk will call the roll. nays 1, as follows: radio in order to receive valuable traf- The assistant legislative clerk pro- [Rollcall Vote No. 284 Ex.] fic, weather and news information, as ceeded to call the roll. well as popular music entertainment. Mr. FORD. Mr. President, I ask unan- YEAS—99 Indeed, on multiple occasions, this imous consent that the order for the Abraham Biden Bryan Akaka Bingaman Bumpers service has served as a crucial link be- quorum call be rescinded. Allard Bond Byrd tween the residents of Bergen County The ACTING PRESIDENT pro tem- Ashcroft Boxer Campbell and critical emergency information. In pore. Without objection, it is so or- Baucus Breaux Chafee 1996, when a water main break left over dered. Bennett Brownback Cleland

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11313 Coats Harkin Moseley-Braun Chafee-Warner amendment No. 1313 (to lan- Byrd-Gramm-Baucus-Warner amend- Cochran Hatch Moynihan guage proposed to be stricken by the com- ment. I think when all Members thor- Collins Helms Murkowski mittee amendment, as modified), of a per- Conrad Hollings Murray oughly review the Domenici-Chafee Coverdell Hutchinson Nickles fecting nature. Chafee-Warner amendment No. 1314 (to amendment they will find that it is not Craig Hutchison Reed an alternative at all. Rather, it is an D’Amato Inhofe Reid amendment No. 1313), of a perfecting nature. Daschle Inouye Robb Motion to recommit the bill to the Com- effort designed to obfuscate and con- DeWine Jeffords Roberts mittee on Environment and Public Works, fuse Senators into thinking that they, Dodd Johnson Rockefeller with instructions. the authors of the amendment, have Domenici Kempthorne Roth Lott amendment No. 1317 (to instructions Dorgan Kennedy Santorum accomplished the same ends as the of the motion to recommit), to authorize Byrd-Gramm amendment. Durbin Kerrey Sarbanes funds for construction of highways, for high- Enzi Kerry Sessions Senators ought not be confused. I can Faircloth Kohl Shelby way safety programs, and for mass transit Feingold Kyl Smith (NH) programs. understand how they are being con- Feinstein Landrieu Smith (OR) Lott amendment No. 1318 (to amendment fused, however. There have been no dis- Ford Lautenberg Snowe No. 1317), to strike the limitation on obliga- cussions of the Chafee-Domenici Frist Leahy Specter tions for administrative expenses. Glenn Levin Stevens amendment on the floor. There has Gorton Lieberman Thomas Mr. BYRD. Mr. President I thank the been discussion of it in memos that Graham Lott Thompson Chair. have been passed around, letters, arti- Gramm Lugar Thurmond Mr. President, has the time under the cles in various publications, one of Grams Mack Torricelli Pastore amendment run its course? Grassley McCain Warner which was Congress Daily on yester- Gregg McConnell Wellstone The PRESIDING OFFICER. The Sen- day, which was not accurate in many Hagel Mikulski Wyden ator is advised that the Pastore rule ways. Inasmuch as there has been con- NAYS—1 will expire at 2:02. siderable discussion of the Byrd- Mr. BYRD. I thank the Chair. Gramm amendment, I think there Burns I ask unanimous consent I may speak The nomination was confirmed. ought to be an explanation of the out of order. Chafee-Domenici amendment and it Mr. SHELBY. Mr. President, I move The PRESIDING OFFICER. Without ought to be out here on the floor in to reconsider the vote by which the objection, it is so ordered. open view where everybody can see nomination was confirmed. Mr. BYRD. Mr. President, some days what is being said and hear what is Mr. HOLLINGS. I move to lay that ago, the two distinguished Senators, being said and make up their own motion on the table. Mr. CHAFEE and Mr. DOMENICI, offered minds. The motion to lay on the table was an amendment which they proposed to agreed to. call up at some point during the debate I feel very much like I am being shot Mr. ENZI addressed the Chair. on the highway bill. There has been no at by someone behind a barricade. The PRESIDING OFFICER. The Sen- floor discussion of that amendment. I They don’t come out in the open in ator from Wyoming is recognized. have seen and read various things that public view and take their shots at the Mr. ENZI. Mr. President, I ask unani- Byrd-Gramm amendment there, but I mous consent to speak for 5 minutes as are being written about the amend- ment and in criticism of the amend- am being shot at. All kinds of things in morning business. are being said about this amendment The PRESIDING OFFICER. Without ment which Senators GRAMM, BAUCUS, that I have offered, many of which objection, it is so ordered. WARNER and I have offered for printing. things are absolutely not true. Also, Mr. ENZI. I thank the Chair. My colleagues and I had offered an many things are being claimed on be- (The remarks of Mr. ENZI pertaining amendment several days ago and indi- to the introduction of S. 1332 are lo- cated we were offering it for printing, half of the Chafee-Domenici amend- ment that are likewise inaccurate. So I cated in today’s RECORD under ‘‘State- and that we intended to call it up at ments on Introduced Bills and Joint such time as the amendment tree was think that there ought to be more dis- Resolutions.’’) dismantled, and we would have an op- cussion regarding the Chafee-Domenici Mr. ENZI. I yield the floor. portunity to call up the amendment. amendment. Let’s talk about it. Mr. FORD. I suggest the absence of a There have been some discussions of The differences between these quorum. our amendment, but I think it is appro- amendments—the Chafee amendment The PRESIDING OFFICER. The priate to talk about the amendment on the one hand; and my amendment clerk will call the roll. now that has been offered, I assume, as on the other—are as simple as they are The legislative clerk proceeded to an alternative to our amendment. I stark. The Byrd-Gramm amendment call the roll. don’t know what the prognosis of this authorizes an additional $31 billion in Mr. BYRD. Mr. President, I ask unan- bill is—whether it will be taken down contract authority for investment in imous consent that the order for the and no action taken on extending the our Nation’s highways over the 6 years quorum call be rescinded. highway bill, or whether there will be a covered in the underlying ISTEA bill. The PRESIDING OFFICER. Without 6-month extension, or whether there objection, it is so ordered. The Domenici-Chafee amendment au- will be a 6-year bill. I should think that thorizes not even one, not even one ad- Mr. BYRD. Mr. President, what is the the chances for the latter are dimin- business before the Senate and what is ditional dollar in contract authority ishing with every passing minute. for this 6-year period. the pending question? In any event, it seems to me that f there ought to be some discussion The Byrd-Gramm-Baucus-Warner amendment authorizes the spending of INTERMODAL SURFACE TRANS- about the Chafee-Domenici amend- ment. I have spoken to Mr. CHAFEE a a 4.3-cent gas tax that is now going PORTATION EFFICIENCY ACT OF into the highway trust fund on our 1997 number of times about the amendment and have indicated to him that I transportation needs over the next 6 The PRESIDING OFFICER (Mr. thought we ought to have some discus- years. The Domenici-Chafee amend- GREGG). The clerk will report the pend- sion of it so that certain questions ment does not authorize any of this gas ing business. might be clarified. I personally have a tax revenue to be spent on our high- The bill clerk read as follows: few things to say about the amend- way, bridge and safety needs. That is a A bill (S. 1173) to authorize funds for con- big difference. Our amendment author- struction of highways, for highway safety ment. I think the public is entitled to some enlightenment as to what it does izes the spending of the 4.3-cent gas tax programs, and for mass transit programs, that is now going into the highway and for other purposes. and what it does not do. So that is the trust fund. The Senate resumed consideration of reason why I have chosen to take the the bill. floor at this time. We say it ought to be spent. The Pending: The sponsors of this amendment, my American people are being told that Chafee-Warner amendment No. 1312, to pro- friends Senators DOMENICI and CHAFEE, that is what it’s for. They are not being vide for a continuing designation of a metro- have brought forward an amendment told that if it goes into the general politan planning organization. that claims to be an alternative to the fund, it will be spent on the various

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11314 CONGRESSIONAL RECORD — SENATE October 29, 1997 and sundry other programs, such as In- that we are currently debating a 6-year when it comes to jurisdiction in au- dian roads, research, Head Start, edu- highway authorization bill, now is not thorizing contract authority. But now cation, parks, or just put into the Gen- the time to decide the authorization he has joined in an amendment that eral Treasury. They are not being told level for highway spending for the next says: Not now, maybe next year some- that. They think it is going into the 6 years. Don’t do it now—not now, not time—maybe. There is no guarantee. highway trust fund to be spent on here. Wait. You Members here who are Maybe next year and, if next year, we transportation needs—highways, mass waiting with open mouths and open are going to have a fast-track proce- transit, bridges. I think we owe them, arms to see legislation pass that will dure. in all honesty, an explanation. We assure your State and your State’s When I was a boy, I read a book ought to try to see to it that that transportation department of so much called ‘‘Slow Train Through Arkan- money is spent for highways, mass contract authority so that they can at sas.’’ Well, that was in the old days transit, bridges, and so on. least begin to think about it and plan when they believed in voodooism and We are not saying in our amendment about it, all of you just wait, don’t do snake oil and patent medicines that that it ‘‘shall’’ be spent. But we are au- anything now. This is that old 6-year were sold by traveling con salesmen, thorizing contract authority, and then highway bill that comes out of the En- and so on. So, next year, under the come next spring when the Appropria- vironment and Public Works Com- Chafee-Domenici amendment, we will tions Committees meet and we have de- mittee. Wait. Don’t do it on that bill. have a fast track—not the ‘‘Slow Train bate on the budget resolution, we will Wait. Wait until some day in the fu- Through Arkansas,’’ but a fast track. get into discussions as to whether or ture—maybe never. If Senators vote for the Domenici- not there will actually be obligation I have said as clearly as I can what Chafee amendment, you are not voting authority to spend that money and, if the Domenici-Chafee amendment does for a single dollar in your State for so, how much, and so on. We are saying not do. Allow me to take a moment to contract authority over the next 6 if savings are there, from which the $31 explain what the Domenici amendment years—not a single dollar. The Chafee- billion will come, and if we are going does do. The Domenici-Chafee amend- Domenici amendment is saying: Wait to spend those savings, then, transpor- ment seeks to establish a complex and until next year, we will take a look at tation needs are top priority. convoluted process that basically en- it then. And then in the budget resolu- But the Domenici-Chafee amendment ables the Senate to hide under a rock tion, when that comes along, we will does not authorize any of this gas-tax when it comes to the issue of highway take a look at it then. Mind you, we revenue to be spent on our highway, taxes and our highway needs. The are not saying in the Chafee-Domenici bridge, and safety needs. Members Domenici amendment proposes a new, amendment that we are going to spend should not be surprised by this. My Rube Goldberg, fast-track process for any of that gas-tax money on high- friend, the Senator from Rhode Island, each of the next 5 years that would ways. We are going to let that stay in had stated in earlier debate on this bill allow the Congress to increase highway the Highway Trust Fund. Let that that he does not believe that the 4.3- and/or mass transit authorizations in money accumulate, and next spring, cents gas tax should be spent on our some yet-to-be-determined amount other governmental needs can compete transportation needs. That is his view, each year, if the budget resolution for with highways in the use of that money and I respect him for that. He isn’t run- any such year allows it. You can just in the trust fund. ning for a rock to hide under. He is just forget about this highway bill. Just Mr. CHAFEE and Mr. DOMENICI are not announcing from the steeple tops that wait, wait until another time, and if assuring you Senators that that money he doesn’t believe that the gas tax the budget resolution allows it, then in the highway trust fund is going to be ought to be spent on transportation we might increase highway and/or mass spent on highways. They are saying we needs. He thinks it ought to go toward transit authorization. That will be de- are not even sure we can do that at all. reducing the deficit. He is very plain termined next year—maybe, but not We are not assuring you that you are and open about that, and you have to now. going to get any extra money. We are admire him for that. That is his view, Not surprisingly, the amendment going to wait until next year, they say. and I respect that. would also allow the Congress to ignore When the budget resolution is up here However, that is not my view. It was all those new procedures and do abso- next spring, then we will talk about it, not the view of the 83 Senators who lutely nothing. Members know that I they say. Then we will decide what we voted in favor of an amendment on this am not in favor of fast-track proce- do with that money. We may spend it floor on May 22 of this year that called dures. I don’t favor fast track on trade, on highways; we may not. We may for the 4.3 cents to be transferred to and I am not going to vote for fast spend it on Indian roads; we may not. the highway trust fund and spent on track. I don’t favor fast-track proce- We may spend it on parks and recre- our transportation needs. dures. We have too many of them now. ation. We may spend it on the national The Byrd-Gramm-Baucus-Warner In my view, they trample on the rights forests. We may spend it on Head amendment keeps faith with our vote of all Senators and they cut off mean- Start. We may spend it on welfare. on May 22. It keeps faith with the mil- ingful debate. When it comes to the There are a lot of things we may spend lions of American citizens who fill Domenici-Chafee amendment, I think it for, they say. But we don’t make their gas tanks and pay their gas taxes, all Members should cast a careful eye that decision here. Mr. CHAFEE and Mr. with the expectation that these funds on this so-called fast-track procedure, DOMENICI say that we will make that will be spent on the construction and because this fast-track amendment decision when we have the budget reso- rehabilitation of our highways and may very well be the slow track to ad- lution. mass transit and bridges. The Domen- ditional highway spending. So if you are on the Budget Com- ici-Chafee amendment tells those mil- So they say, take a look at our mittee, you are going to have control lions of Americans and those 83 Sen- amendment, and if you are going to in- of that. The Domenici-Chafee amend- ators that they must wait for another crease contract authority for your ment says that on this 6-year highway day, wait until next spring, wait until State and your State and your State authorization bill we should do noth- we have the next budget resolution be- and your State, we will know that at ing, nothing, nothing toward author- fore the Senate, and, perhaps, maybe— some point next spring—not now. This izing additional highway funding. We we don’t know—we might consider au- is the highway bill. That is the way we should put that decision off until an- thorizing the spending of your gas have been accustomed to doing it. But other day. That other day may never taxes on the Nation’s highways and forget it, that is that old 6-year high- come. That other day need never come. bridge needs, and then again, we might way bill. Don’t fool with it or pay any If Members want to know how the not. We don’t make you any promises. attention to that. authorized spending levels contained in But, by all means, don’t do anything on I am quite surprised that Senator the Domenici-Chafee amendment differ this bill; don’t take action on this bill, CHAFEE, the chairman of the Environ- from the levels in the Byrd-Gramm the highway authorization bill. Wait. ment and Public Works Committee, amendment, they need look no further The Domenici-Chafee amendment would go along with that idea. His than the first section of the Domenici- says that notwithstanding the fact committee has been the key committee Chafee amendment. I say the same to

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11315 Commerce Daily. When Commerce amendment? What additional contract says ‘‘zero’’ dollars. We will leave the Daily gets ready to write again, I sug- authority are you voting for? dollar sign, take out the zero, and just gest they look at the Chafee-Domenici $30,971,000,000 over a period of 5 years. draw a straight line, and substitute amendment. Look at it. Don’t take That is the difference. The difference ‘‘blank.’’ somebody else’s word for it. Don’t take between $30.971 billion, and zero—zero. Well, that sums it all up, Mr. Presi- some aide’s word for it. I am not speak- That is the difference between the two dent. The Domenici Chafee amendment ing disparagingly of aides. We have to amendments. is shooting blanks. We shoot real bul- have them, and I have some excellent Members will find that paragraph, as lets in ours—Mr. GRAMM, Mr. BAUCUS, aides on my staff, and so have other I say, repeated throughout the amend- Mr. WARNER, and I—no blanks. That Senators. But go look at the amend- ment when it refers to each of the sums it up. The Domenici-Chafee ment yourself. Look at the Chafee- highway and mass transit components amendment is shooting blanks. Domenici amendment. Read it. They of the amendment. That is about all that these publica- will find it stated very clearly there. Now, later in the amendment, we tions, commenting on the Chafee- That amendment reads, and I quote read that all those zeros—zero for 1999, Domenici amendment, will find in the from section 3001(A)(2) of the Chafee- zero for 2000, zero for 2001, zero for 2002, amendment. Have they taken a look at Domenici amendment: and zero for 2003; all those zeros we the Chafee-Domenici amendment? Go find, if we read the Chafee-Domenici see it for yourself. Read it. It is a pub- (A) For fiscal year 1999, $0. lic matter. (B) For fiscal year 2000, $0. amendment—we read that all those There is no real new contract author- (C) For fiscal year 2001 [guess what?], $0. zeros may be further amended someday ity in the Chafee-Domenici amend- (D) For fiscal year 2002 [guess again, and in the future under a ‘‘fast track’’ pro- ment. It is an amendment about proc- I’ll give you three guesses], $0. cedure, or they may not. And the fund- ess. And, if any of you Senators want In fiscal year 2003, try again. What is ing levels that may substituted for the to know how much of the additional your guess? How much do you guess? zeros throughout the amendment can 4.3-cents gas tax this Chafee-Domenici Zero dollars. That is a joke. be found later in the amendment under process may spend on highways, the Members, if you want to vote for the the heading ‘‘additional highway fund- answer is we don’t know. We can’t tell Chafee-Domenici amendment, do you ing.’’ you. Maybe some of it will be spent. know what you are voting for? Zero So if Senators look later in the Maybe none of it. Maybe a little of it. dollars—next year, the next year, the amendment, you will find the funding Maybe a lot. Maybe a lot one year, and next year, and the next year. Look at levels that may be substituted for it. Don’t take my word for it. Read it. none the next year. these zeros for the 5 years—‘‘may be Under the Chafee-Domenici proposal, Get that amendment and look at it. substituted’’ for the zeros. You will Members will find that same paragraph who will decide whether any additional find those funding levels that may— funding is authorized over the next 6 repeated throughout the amendment may—at some time in the future be when it refers to each of the highway years? Certainly not the Environment substituted for the zeros. You get the and Public Works Committee. No, no, and mass transit components of the zeros now. But maybe sometime in the amendment. no. That committee might as well dis- future there will be funding levels sub- band as far as this subject matter is Here on the chart to my left is the stituted. What are the numbers that difference between the two amend- concerned. Who will decide? It will be may be substituted? Well, you will find the Budget Committee. The Domenici ments. Here is the difference between them in the Chafee-Domenici amend- the Domenici-Chafee ISTEA II amend- amendment says that, depending on ment under the heading ‘‘additional what the ‘‘budgeteers’’ decide in the ment and the Byrd-Gramm-Baucus- highway funding’’. budget resolution every year between Warner ISTEA II amendment. That part of the amendment—let’s now and 2003, we may be able to get Let me read it. It is in fine print. take a look at it—reads as follows: considered in the Senate a new fast- Maybe we ought to read the fine print, Section 3001(a)(2) of the Intermodal Sur- track highway and transit funding or just plain read the print instead of face Transportation Efficiency Act of 1997 is joint resolution. taking somebody’s word for it. Go get amended— So it will be the Budget Committee, the amendment. Read it for yourself. (1) in subparagraph (A), by striking ‘‘$0’’ not the authorizing committee, not and inserting — Don’t read the propaganda that comes that old Environment and Public to you in a memo or a letter. But get How much? Works Committee, and not the Appro- the amendment, and read it yourself. ‘‘blank’’; priations Committee. Take your Don’t take everything the preacher So maybe sometime in the future we choice. It won’t be either of them. Am says for being true. Read the Bible will substitute for this old big zero— I right? It is going to be the Budget yourself. Go to the basic text. hold your breath. We are going to sub- Committee. All right. Here it is. ‘‘Comparison of stitute for that zero—get ready now. I We will not need the authorizing authorization of levels for highway and am going to pull a rabbit out of the committee. We will just let the budget bridge construction Intermodal Sur- hat. We are going to substitute for that committee decide it all. They will de- face Transportation Efficiency Act zero—‘‘blank.’’ cide whether it is going to be zero dol- (ISTEA II).’’ Let me see it. Could I be telling the lars or whether it is going to be I am going to ask my assistant to truth here? That is what it says here ‘‘blank’’ dollars. And then, whatever it point out what I am reading so that the on page 7. Is that the Chafee-Domenici is going to be, that committee will de- viewers can look through that elec- highway amendment? Yes. On page 7: cide whether we are going to have a tronic eye up there and follow me and Section (1). Additional highway funding. fast track, a slow track, or no track. see if I am reading it correctly. I do not In subparagraph (A), by striking ‘‘$0’’ and And each year that budget resolution want to mislead you. ‘‘Fiscal year 1992– inserting . . .’’ may or may not spit out a new kind of 1993 total.’’ Well, there is a dollar sign—dollar joint resolution, a highway and transit For those 5 years, what is the total sign, and a long line —‘‘blank.’’ funding joint resolution. If the budget under the Domenici-Chafee ISTEA II Paragraph (2) in subparagraph (B), by committee decides that there should be amendment? What is the total addi- striking ‘‘$0’’ and inserting ‘‘blank’’; such a joint resolution, then it would tional contract authority for highways And so on for all the paragraphs, A, be treated under a very tight fast-track during those 5 years? Let’s see. Under B, C, and D. procedure. It would be unamendable, the Domenici-Chafee ISTEA II amend- So the amendment strikes ‘‘zero’’ except for amendments to either raise ment, the total for those 5 years that and inserts ‘‘blank’’ in each paragraph. or lower the dollar amounts. Then, you will be voting for, if you vote for You strike the zero. We had five zeros after no more than 10 hours of consid- the Chafee-Domenici amendment, you up there earlier, but maybe sometime eration, the Senate would proceed are going to be voting for zero dollars. in the future, if Senators vote for this without intervening action or debate There it is right there, a big cipher! amendment, we will substitute at some to vote on the final disposition of high- All right. What about the Byrd- time in the future for that zero, we way and transit funding joint resolu- Gramm-Baucus-Warner ISTEA II would substitute a dollar sign. This tions to the exclusion of all motions

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11316 CONGRESSIONAL RECORD — SENATE October 29, 1997 except a motion to reconsider or to That is it, pure and simple. We be- explanation that is a public expla- table. lieve that. Most Senators believe that. nation. I do not want an explanation by Finally, a motion to recommit would They have said so. They voted so. somebody who has not even read the not be in order, and all points of order The Domenici-Chafee amendment amendment. I do not want an expla- against these funding joint resolutions calls for a 17-step process with 11 con- nation by a publication that does not would be waived. tingencies which, in the end, might not bother to read what the amendment That is the fast-track procedure that authorize one, not even one, might not says. Senators will find outlined in the authorize one—this is a $1 bill with I do not want that kind of an expla- Chafee-Domenici amendment to the George Washington’s picture on it— nation. I want an explanation of the highway bill. might not authorize even one addi- amendment here on this floor. I do not There are no procedures expedited or tional trust fund dollar for our high- want to be shot at from behind a barri- otherwise for our colleagues in the ways. cade; I cannot see who is shooting at other body to take up such a joint reso- Now, that is the Chafee-Domenici me. Besides, that person may be wear- lution. We are just going to bind and amendment. Why don’t you come out ing black glasses. From time to time, gag the Senate, you understand; that is here and talk about your amendment? when I am out on the hustings, it hap- all. Senators will be limited to 10 Read it. Read it to the other Senators. pens in every crowd. I’ll bet the Pre- hours. And Senators can only offer cer- It is a process that is designed to siding Officer has had this same thing. tain amendments to raise or lower the continue to allow us to hide under that Somebody will walk up to me with dollar level. But if Senators are not rock—hide under that rock—while our dark glasses, black glasses: ‘‘Bet you satisfied with the formula, forget it. highway needs go wanting, while our don’t know who I am, Senator. Bet you You can’t offer an amendment to our bridges deteriorate, and while our traf- don’t know, Senator. Bet you don’t re- fast-track bill dealing with formulas. If fic jams worsen. It is a process that member me.’’ any of you are unhappy about for- will only heighten cynicism of our con- Well, of course, I don’t. I can’t see mulas, you can’t offer an amendment stituents and continue to undermine you. I can’t see your eyes. on that bill. That is a fast-track bill. the trust of the American people in the I urge that we have a public expla- And, besides, there is nothing outlined highway trust fund. nation of the Chafee-Domenici amend- in this so-called ‘‘fast-track’’ procedure My colleagues, I am not fooled by ment in this forum. Explain these that guarantees Senators of anything this amendment, and you should not be zeros. Explain these blanks. And tell once the bill is passed by the Senate fooled either. Get it and read it. This other Senators how your amendment and sent to conference, or sent to the amendment is not about spending our compares with the Byrd-Gramm-Bau- other body. trust fund dollars on highways. It is cus-Warner amendment. Explain it. How is your State going to get more If Senators turn to the very end of not about restoring the trust of the money under your amendment? How is the Domenici-Chafee amendment, they American people in our highway trust your State going to get any money out will see subparagraph 3. That subpara- fund. This amendment is about ignor- of the Chafee-Domenici amendment? graph reads as follows and I quote: ing the usual authorization-appropria- tions process and substituting a bur- Explain it out here in public view. In the House of Representatives.— densome, multistep process designed to So while I have great respect for ‘‘Blank.’’ confuse the American people and en- these two fine Senators—and they are. There it is again. More blanks. able the Congress to do absolutely They are fine Senators—I nevertheless There are no procedures for this so- nothing when it comes to authorizing urge all Senators to join me in voting, called ‘‘Highway and Transit Funding additional highway spending. if we ever come to a vote, to sustain Joint Resolution’’ to be considered in I am sure that Senators DOMENICI and the point of order against the Domen- the other body. CHAFEE had nothing but the best of in- ici-Chafee amendment. Sustain the So, if such a joint resolution gets out tentions in offering this amendment. point of order. And I hope that the of the Senate, it might just sit in the Unfortunately, their proposal is an un- point of order on my own amendment other body until the end of the Con- necessary and unwarranted intrusion will be waived. gress or until the crack of doom, on the existing authorization and ap- Mr. President, I ask unanimous con- whichever comes first. Or the House propriations processes and provides no sent that a table proposed by the Fed- might amend the resolution and insert assurance whatsoever—none—that any eral Highway Administration, which new substantive legislation—perhaps a additional highway or transit spending compares the authorization levels con- complete new highway formula. Even will be authorized. It is in violation of tained in the Byrd-Gramm-Baucus- though Senators would be strictly lim- the Budget Act—a 60-vote point of Warner amendment with the levels ited in the amendments they can offer order will lie against the Chafee- contained in the Domenici-Chafee to this resolution, there is no limit to Domenici amendment. amendment, be printed in the RECORD. what changes and amendments might The Byrd-Gramm-Baucus-Warner There being no objection, the mate- be entertained in the other body. Of amendment, on the other hand, is in rial was ordered to be printed in the course, we don’t have jurisdiction over keeping with the existing budget, au- RECORD, as follows: their procedures. But why should we thorization, and appropriations proc- bind and gag and virtually blindfold esses. Although our amendment is also FY 1999–2003 TOTAL ADDITIONAL CONTRACT AUTHORITY Members of this Senate when it comes subject to a 60-vote point of order, it is PROVIDED BY BYRD/GRAMM AND DOMENICI/CHAFEE to fast-track procedure? We could be due to the increased authorizations AMENDMENTS required to have a formula fight with contained in our amendment. The ques- [In thousands of dollars] the House over highway funding each tion of the level of highway obligation Domenici/ and every year for the next 6 years if limits and whether the discretionary State Byrd/Gramm Chafee we wanted to authorize additional spending caps will be raised are left to Alabama ...... 556,579 0 spending for the highway bill. the appropriations and budget proc- Alaska ...... 345,600 0 Arizona ...... 432,854 0 Well, I hope that all of my colleagues esses. Our amendment does not resort Arkansas ...... 370,684 0 are carefully following this process. to any new, highfalutin, confusing, California ...... 2,550,537 0 Colorado ...... 355,465 0 This is the process that they are being fast-track resolution process which I Connecticut ...... 477,038 0 asked to vote for under the Chafee- fear will allow Senators the oppor- Delaware ...... 130,994 0 Dist. of Col ...... 125,973 0 Domenici amendment. The Byrd- tunity to hide under that rock and ig- Florida ...... 1,283,335 0 Gramm amendment doesn’t bind you to nore both our highway needs and the Georgia ...... 977,098 0 Hawaii ...... 166,380 0 any fast track. The Byrd-Gramm skyrocketing balances in the highway Idaho ...... 228,542 0 amendment simply says let’s authorize trust fund. Illinois ...... 927,157 0 Indiana ...... 677,914 0 the new gas-tax revenues in the trust Now, I say what I have said with the Iowa ...... 367,807 0 fund to be spent over the next 6 years greatest respect for the authors of the Kansas ...... 364,977 0 Kentucky ...... 483,486 0 on our highways and other transpor- amendment. I have sought to get an ex- Louisiana ...... 495,201 0 tation needs. planation of the amendment. I want an Maine ...... 160,097 0

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11317 FY 1999–2003 TOTAL ADDITIONAL CONTRACT AUTHORITY I think this is a matter where there petition to improve DoD’s business practices, PROVIDED BY BYRD/GRAMM AND DOMENICI/CHAFEE is just a disagreement on an issue would severely limit the Department’s flexi- AMENDMENTS—Continued which is partly principle, partly paro- bility to increase efficiency and save tax- payer dollars. [In thousands of dollars] chialism, perhaps on both sides, but it Both the Quadrennial Defense Review and is critically important to me and to the National Defense Panel recommended re- Domenici/ State Byrd/Gramm Chafee several of my colleagues. peal of current laws that constrain DoD’s ef- I think when the Founders wrote the forts to competitively outsource depot main- Maryland ...... 419,975 0 tenance workload. Rather than facilitating Massachusetts ...... 495,412 0 Constitution, when they established Michigan ...... 879,236 0 the Senate, their purpose was to guar- DoD’s use of competitive outsourcing, the Minnesota ...... 416,732 0 bill attempts to further restrict it. Mississippi ...... 351,580 0 antee a full debate. Some of you will The bill could reduce opportunities to use Missouri ...... 663,387 0 remember that Jefferson was the Am- industry to maintain future weapons sys- Montana ...... 295,433 0 Nebraska ...... 234,004 0 bassador to France when the Constitu- tems. DoD could be forced to add to its ex- Nevada ...... 203,458 0 tion was written. When he came back pensive public infrastructure in ways that New Hampshire ...... 144,929 0 duplicate what already exists in the private New Jersey ...... 671,691 0 from France, he went to Mount Vernon New Mexico ...... 292,646 0 and visited with Washington who had sector. Future weapons systems will rely in- New York ...... 1,419,503 0 been the Presiding Officer at the Con- creasingly on commercial technology, in North Carolina ...... 787,713 0 order to exploit commercial industry’s rapid North Dakota ...... 203,458 0 stitutional Convention. He said to Ohio ...... 959,599 0 rate of innovation and market-driven effi- Oklahoma ...... 439,300 0 Washington, ‘‘What is the Senate for?’’ ciencies. But by limiting industry’s role in Oregon ...... 358,934 0 We had established a bicameral Gov- maintaining future weapon systems, and in Pennsylvania ...... 1,056,906 0 Rhode Island ...... 161,652 0 ernment. We had the House of Rep- other ways, the bill could frustrate this revo- South Carolina ...... 442,846 0 resentatives, and we had the Senate. lutionary change. South Dakota ...... 217,394 0 So Jefferson’s question was, ‘‘What is The bill seeks to impose unique and inap- Tennessee ...... 630,768 0 propriate requirements on DoD’s process for Texas ...... 1,918,693 0 the Senate for?’’ Utah ...... 240,460 0 allocating the work now performed at the Vermont ...... 130,994 0 Washington, being a southerner, did closing San Antonio and Sacramento Air Lo- Virginia ...... 713,320 0 something that southerners did, and to Washington ...... 512,401 0 gistics Centers. The Department is con- West Virginia ...... 284,833 0 this day some still do. Southerners, es- ducting a fair and open competition to deter- Wisconsin ...... 506,291 0 pecially when I was growing up, per- mine the most efficient and cost-effective Wyoming ...... 211,820 0 Puerto Rico ...... 127,917 0 haps like when the Presiding Officer way to perform this work in the future. Both was, would sometimes pour their coffee private contractors and public depots are Subtotal ...... 27,871,000 0 competing for the work. By dictating how into their saucer to let it cool and then DoD should treat certain competitive fac- Trade Corridors/Border Crossings ...... 450,000 0 pour it back and drink it. So Wash- Appalachian Development Highway System ..... 2,200,000 0 tors, the bill seeks to skew any competition I–4R/Bridge Discretionary ...... 450,000 0 ington poured his coffee into the sau- in favor of the public depots. cer, and he said to Jefferson that ‘‘The If the numerous problems cited above can- Grand Total ...... 30,971,000 0 Senate will be like this saucer; the not be overcome, the impact on the Depart- House, being elected every 2 years, will ment’s costs and on our Nation’s military Mr. BYRD. Mr. President, I suggest be caught up in the passion of the mo- capacity would be profound; the President’s the absence of a quorum. senior advisers would recommend that he The PRESIDING OFFICER (Mr. ment, but the Senate will be the place veto the bill. COATS). The clerk will call the roll. where those passions cool in the light We need to encourage more competition The assistant legislative clerk pro- of reason.’’ from private industry, not less. Billions of ceeded to call the roll. So today, to the extent we can, we dollars in potential savings are at issue. Mr. GRAMM. Mr. President, I ask are trying to allow these passions to These resources should be used to maintain cool because of our very strong feelings the U.S. fighting edge, not to preserve excess unanimous consent that the order for infrastructure. the quorum call be rescinded. about this bill. Finally, we strongly object to the bill’s The PRESIDING OFFICER (Mr. I would like to begin, Mr. President, provisions on high performance computer HUTCHINSON). Without objection, it is by asking unanimous consent that a controls. The bill would severely limit the so ordered. letter from the President’s OMB Direc- President’s flexibility to conduct foreign pol- f tor stating the policy of the adminis- icy by mandating permanent controls on the tration to veto the bill be printed in export of high performance computers to DEFENSE AUTHORIZATION BILL the RECORD. specific countries, and would limit the Presi- Mr. GRAMM. Mr. President, I will There being no objection, the letter dent’s ability to adapt computer export con- yield the floor when the majority lead- was ordered to be printed in the trols to changing security needs and tech- nology trends. The bill would also impose er arrives. He will deal with a series of RECORD, as follows: unrealistic Congressional notification, li- issues. One of those issues will have to EXECUTIVE OFFICE OF THE PRESI- censing and post-shipment verification re- do with the Defense authorization bill. DENT, OFFICE OF MANAGEMENT quirements that would have the unintended We will have a series of motions and a AND BUDGET, effect of decreasing our ability to identify flurry of activity related to that bill. I Washington, DC, October 28, 1997. and prevent exports of real national security thought that while we were waiting for Hon. TRENT LOTT, concern. Current law provides adequate au- the majority leader, I could save time Majority Leader, U.S. Senate, Washington, DC. thority to adjust controls appropriately and DEAR MR. LEADER: The Administration ap- to deal with any problem exports that may for our colleagues by simply talking preciates the efforts you and your colleagues occur. about the underlying issue. have made to craft an FY 1998 National De- Sincerely, Let me begin by saying that while fense Authorization bill that supports our FRANKLIN D. RAINES, there is a deep division over the De- military strategy and our men and women in Director. fense authorization bill, while there uniform. The bill recently reported by the Mr. GRAMM. Mr. President, let me are very strong feelings related to this Conference Committee successfully address- try to define the issue. I know that we es many of the concerns voiced by the Ad- bill that are held by individual Sen- have several Members on both sides ators, both Democrats and Repub- ministration about earlier versions passed by the House and Senate. Unfortunately, the who know more about this issue than licans, while several of my colleagues bill includes provisions that severely limit they want to know, but many of our and I feel so strongly that we are going the Department of Defense’s ability to com- colleagues don’t know anything about to do everything we can to prevent this pete weapons maintenance workload be- the issue because they don’t at least conference report from being adopted, tween public and private sector depots, a key superficially appear to have a dog in and while the President has issued a concern identified in Statements of Adminis- the fight. This has kind of come up letter saying that he will veto this bill tration Policy. suddenly, so let me try to explain it. I if this bill is presented to him in its The bill includes provisions whose intent is will give you a little history, and let current form, I want to make it clear to protect public depots by limiting private industry’s ability to compete for the depot- me repeat, as soon as the majority that despite all of these strongly held level maintenance of military systems and leader is ready to start, I will yield the views, I think all Members of the Sen- components. If enacted, these provisions, floor. ate and the House have acted honor- which run counter to the ongoing efforts by We had a Base Closing Commission. I ably. Congress and the Administration to use com- was an original cosponsor of it. I voted

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11318 CONGRESSIONAL RECORD — SENATE October 29, 1997 for its establishment. We have had was that all the work for maintaining We have provisions in this bill that three Base Closing Commission re- military equipment will be done in de- will disrupt that process, that will ports. Each of them have closed facili- pots by Government employees and make it very difficult, if not impos- ties in my State. I voted to enforce that for all practical purposes there sible, for private contractors to bid on each and every one of them. In fact, I would be no competition, no ability for and potentially win these contracts. was one of the few members who voted private companies to compete. And The net result will be that rather than to have another Base Closing Commis- that was the provision in the House. the taxpayer benefiting from the cost sion. Those of us who feel strongly about savings that would come from competi- While I hate them, the plain truth is this issue have strongly resisted. And tion, now this work is going to be dedi- that we have cut defense by a third, as the distinguished chairman, the cated to the Federal Government and and we have reduced defense overhead ranking member, and our colleagues its various entities and no such com- by 20 percent. We have more nurses in from States that are affected know, petition would occur under this lan- Europe than combat infantry officers, this has been a long and bitter strug- guage. and we have a huge overhang of bu- gle. The bottom line is that the com- Granted, this language is 30 pages of reaucracy. mittee, in conference with the House, mumbo jumbo, but the thrust of it, the I have been supportive of the process has written language—30 pages of lan- focus of every word, the focus of every to try to reduce overhead. I have voted guage—that has to do with limiting the sentence is to inhibit competition. for Base Closing Commission reports capacity of the Defense Department to Let me tell you what I see happening. that have closed very large bases in my engage in price competition to deter- I am not referring to any of my col- State, because the process is one that mine who gets maintenance contracts. leagues. In fact, the people on the the country and, therefore, the people In fact, I think it probably was put other side of this issue are people that of Texas benefit from. best in an article that ran in one of the I have deep affection for. There is no As many of my colleagues will recall, Nation’s newspapers where the point one that I love more than the distin- one of the bases closed by the last Base was made that while technically the guished senior Senator from South Closing Commission was Kelly Air language in this bill does not specifi- Carolina who is chairman of the com- Force Base, which is a giant mainte- cally prohibit price competition, the mittee and who has done his best to nance facility that does logistics work new language would likely keep pri- work something out here that we could for the Air Force. It is a huge em- vate contractors from wanting to bid all live with. In the final analysis, he ployer, a very important facility to on the work. could not get the House to take lan- San Antonio, to the State, and I be- The Defense Department has looked guage that we could have unanimity on lieve to the Nation. The Base Closing at this language. Several of our col- in the Senate. But in any case, here is Commission report called for closing leagues have looked at the language. what is happening. I want to alert the Kelly Air Force Base. The Defense Department has con- Senate and the American people to it. I voted for the Base Closing Commis- cluded, as the administration says in We have cut defense now since 1985 sion report. I did not like the results. I its letter, that if this language were by over a third. As a result, we are dra- did not agree with it. But it was part of adopted that they would not have the matically reducing our funds to main- the process. And I supported the proc- capacity to have a price competition tain our military equipment and to ess. But what the Base Closing Com- for this procurement. They would be procure new military equipment. mission report said is that the work at forced to do this work under monopoly In this environment, there is sort of Kelly should either be transferred to circumstances in a Government depot, two ways you could go. One way would another Air Force logistics center or it that the cost of doing that would be be to say, ‘‘Well, listen, with these should be privatized, perhaps in the substantially above those levels that huge defense cuts, we’ve got to get the private facility which would take over might be achieved through competitive most we can for our money.’’ So we when this base was closed. bidding. want more competitive bidding. We So the Base Closing Commission re- In fact, there was a competitive bid want to put almost everything we do— port itself called for, as one of the op- for the first work that was moved from within the constraints of this being de- tions, private contractors to do the Kelly Air Force Base. Interestingly fense and with its special needs—out work that Kelly is currently doing. If enough, the winner of that contract for competitive bidding and try to after the base was closed, the flag was a Government depot. But the im- get—to quote McNamara—probably not taken down, and the military personnel portant thing is the price was substan- a good source to quote—‘‘the biggest removed, a private contractor bids for tially lower than the cost that the bang per buck.’’ That would be one way the work and the private contractor Government was paying. In fact, by to go. Quite frankly, that is the way we chooses Kelly Air Force Base as a site having a competition, even though a should go, in my humble opinion. to do the work, then that work would Government depot won the competi- The other way to go, and the way we be done by private contractors in San tion, the bid was $190 million below are going, is to take the very parochial Antonio, on private facilities that what the taxpayer was paying; and the view that defense is like welfare, and would operate where this Air Force depot miraculously discovered that in that agencies of the Government that base used to operate. their overhead they had hundreds of have always had these contracts are What this bill does that I very workers who could be released from entitled to them, whether they can do strongly object to is this bill undercuts overhead to do this work for $190 mil- the work best or not, whether they can the ability of the Secretary of Defense lion less. Isn’t it wonderful what com- do it cheapest or not, and that since to conduct price competition so that petition does even to Government? defense is being cut back, we have all we can have bidding on this work. The Now we are in the process of begin- got to grab what piece of it we can and taxpayer could potentially save hun- ning to move toward competitive bid- hold it to our bosom and protect our dreds of millions of dollars by bringing ding for many other functions at these own individual facilities. competition to bear on the contracts closed bases. Those competitions will We are masters at coming up with ra- that will flow from the fact that we are occur this spring. It is the intention of tionalizations for the things we do. closing Kelly and other bases around the Defense Department to put this You can argue that only Government the country. work out for bids, and if a private com- employees can really understand an F– Some of our colleagues in the House pany can do it cheaper, it gets the bid. 100 engine, even though private em- who represent depots, which are Gov- If a depot can do it cheaper, it gets the ployees built the F–100. You can come ernment facilities that do maintenance contract. And the net result will be lit- up with many rationalizations and not work, wrote into their bill for all prac- erally hundreds of millions of dollars of all of them without merit. tical purposes redundant provisions savings for the taxpayer. But the bottom line is that what we that would have forbidden the Depart- This is a principle that is well-estab- are doing in this bill is that we are im- ment of Defense from having competi- lished in our economy: If you have peding competition and we are stop- tive bidding. Their basic approach, competition, you tend to get higher ping the Secretary of Defense from when you cut through all the legalese, quality and you tend to get lower cost. doing what he believes is in the vital

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11319 national security interest of the United red-blooded politician would do, and petition. I have the language here for States, and that is having the capacity that is he lamented the fact. In fact, he people to see and I have given it to to put contracts out for competitive went to great lengths to talk about both the Republican and the Democrat bidding. how terrible it was. I thought at one leaders. We had a meeting with the I want competition. I would like to point he might put himself down in Pentagon and a meeting with the say—not that any of us ever have to front of the gate at McClellan, and just White House and have gone through justify what we do; the one thing that as a bulldozer was getting ready to run these 30 pages. we try as Members of the Senate to do over him, he would have a trusty aide In the entire 30 pages we have come is to show each other the courtesy of come in and have the Secret Service up with three major changes, one of not impugning one another’s motives— drag him out. which is changing a word, another of but I would like to make a point that It is also true that he said we will try which is putting back in the bill lan- at least it is important to me. I had the to find a way to keep some of this work guage that was critically important to privilege of serving on the Armed Serv- at Kelly and McClellan. If the assertion the Pentagon, critically important to ices Committee for 4 years. It was a is that Bill Clinton was playing politics the White House, critically important great privilege. And I had in that ca- in the 1996 Presidential election, I am to those of us who oppose this lan- pacity the opportunity to work with sure he would plead guilty, and he guage, but which the staff dropped, real giants. I have served with, in the clearly was playing politics. saying it was a technical thing. It was Senate, Senator Goldwater, a hero of But as is true of so much that our technical. When Senator MCCAIN said, mine who I voted for President in 1964, President says, he said it but he didn’t ‘‘Great, great, we can solve this prob- and I have served with STROM THUR- do it. He flirted with the idea of lem. If it was technical, put it back MOND. vetoing the base closing report, but he in.’’ Well, it may have been technical But I think anyone who has served didn’t. He talked about helping these when they took it out, but when we with me, if they will remember from two bases and their thousands of em- asked it be put back in, it was not my initial debate with Congressman ployees, but in the final analysis, he technical. Nichols, who was a Congressman from didn’t do anything special to help Now, in addition, when the Pentagon Alabama and who represented a big de- them. He did what virtually any politi- was trying to negotiate with the staff fense logistics facility, that from the cian would do, and that is he felt their of the committee, the Pentagon and first year I was on the committee I pain. He feels it better, or at least con- the staff reached a tentative agreement have fought this business of denying vinces people he feels it better, than to strike some of the language. Not competitive bidding and price competi- most. very much of it. As you can look at tion. Now, when the Defense Department, this bill, you can go many pages with- I do not believe that I have ever devi- using the exact language of the Base out seeing a single mark of anything ated from my support, in terms of de- Closing Commission, is trying to move that would be changed. fense procurement, of the principle ahead with competitive bidding to de- But what happened, and again no- that where the objective is to get the cide whether to transfer functions from body is blaming anybody for it, but in lowest possible cost and the best qual- these closed bases or to give them to addition to taking out language that ity, that we should have price competi- private companies if they can do it bet- was critically important to the Sec- tion. ter, cheaper, or both, people who don’t retary of Defense—saying it was tech- I have objected to efforts to try to want this competition say President nical when they took it out, and that it prevent us from forcing prisoners to Clinton played politics with the proc- didn’t matter, but now it is critical and work. I believe prisoners ought to work ess. can’t be put back in—in addition to like taxpayers. But that is a subsidiary The point I want to make is that any that, there were a lot of provisions, lit- issue and has no part in this debate. politician, whether running for Presi- tle bitty piddly things that were agreed But the point I want to make is, in my dent, dog catcher or whatever, is going on to take out of the bill. But then sud- State we do have a closed military base to talk about feeling people’s pain denly right at the last minute, it was which I voted to close as part of the when 22,000 people are being put out of discovered that that language had been base-closing process. work. There is no doubt about the fact put in the report and that the report Nothing I am trying to do is trying that the President actually had people language has the effect of law. Part of to reverse the base-closing process. recommend to him that he override the our dispute and I think one of the rea- That base is going to be closed. The Base Closing Commission. But the bot- sons for the strong commitment to try clock is running. Functions are already tom line is he did not override the Base to do something here is a belief that we being shifted. Military personnel have Closing Commission report. The bases were on the verge of a deal, that lan- got their orders to move off. I am not are being closed. Nor did he intervene guage had been struck from the bill in trying to reverse that. to try to say you have to give the con- good faith, and then we discover at the But under the Base Closing Commis- tracts to private contractors who will last minute that the language has been sion, one option that was open to the use these old facilities. put back. Our language was in the bill Pentagon was competitive bidding, What the Defense Department is try- and then we discover at the last with the winner of the bid, if it was a ing to do and what this bill before the minute that it has been struck. private company, having the option to Senate seeks to prevent being done is So what those of us who vigorously chose where they wanted to do the to have a competition, where if the de- oppose the bill in its current form have work. pots that are being protected by this done is reduced our changes down to Privitization is an option that is ex- language win the competition, they get one page. It would take 17 hours to plicitly, specifically outlined in the the work, while if a private contractor read the defense authorization bill, and Base Closing Commission report. wins they get the contract. This is we may well have the opportunity to The Defense Department wants to what happened with the depot in hear it read before this debate is over. follow that procedure. The bill before Macon. The first competition saved the I think that would be therapeutic be- us will, for all practical purposes, pre- taxpayers $190 million by miraculously cause I think if people heard all this vent that from happening. discovering hundreds of workers who noncompetitive language, they would Some of our colleagues, in debating were not so busy they couldn’t do this be against it. But in trying always to this issue, have brought in President work. Yet there are still many who say be reasonable, in trying to follow the Clinton. I want to address that issue, if there couldn’t possibly be a fair com- saintly principle of trying to accommo- I may. petition. It is very hard to convince date other people and their legitimate When the Base Closing Commission people who don’t want to be convinced. needs and concerns, in working with report came out closing huge logistics Now, where are we and what is the the Pentagon and the White House we centers in San Antonio and in Cali- issue here? Where we are and what the have come up with one page of fornia, President Clinton, who has issue is here is the following: We have changes—one page. In a bill that would never been accused of not being a good 30 pages of language in the bill that ba- take 17 hours to read, we have one page politician, immediately did what any sically have as their aim stopping com- of changes that would apply to 30 pages

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If the alter- saying. and two, taking out language that had native is to let them prevail, then we What will happen if this small num- already been agreed to take out. Only have no alternative except to resist. ber of Members of the Senate who are we find that it has been put in the re- Again, obviously it is very difficult to today opposing this conference report port language and, therefore, for all resist a conference report, but we in- lose is, first of all, we will be unhappy practical purposes, has the same effect. tend to do the best we can in trying to about it. But second, the President is So, of the things we are asking for, do that. going to veto the bill anyway and you far more than half are things that were Our intention, our hope, is that we are not going to be able to override the already agreed to. can make these small changes. I will veto. So the bill is not going to become So it seems to me that even though give you one of the three things that law in any case. What we are asking the House has acted, we can try to have we need changed. On page 5, line 8, of for, once again—and I would like to a simple motion to amend this lan- this 30 pages of anticompetitive lan- renew this request, and I would like to guage in the bill. There is already an guage that is aimed at preventing price try to get this material to our distin- effort underway to have a similar mo- competition and, in the process, mak- guished chairman and to people who tion to fix an inadvertent change in ing taxpayers pay more, there is a word are interested—is to make one page of language for Senator DOMENICI, and if that creates a tremendous problem for changes in a bill that would take 17 we could, through a technical correc- the Defense Department, and that word hours to read and that gives totally un- tion amendment, simply get this one is ‘‘ensure.’’ Now, what the Secretary fair advantage to depots as compared page of simple changes, half of which of Defense has said is that he could live to private companies. If we must, we go back to what was already agreed on with all of this language—I am tempt- will accept tilting the competition to- but which subsequently was changed at ed, and if I were in a more expansive ward depots and away from private the last minute without our knowing mood, I would say ‘‘rotten language’’ companies, even though it will mean about it, if we could do this, two things but I am not going to say it—if another higher costs and lower quality defense, could happen, and both of them are word were used instead of saying ‘‘en- in order to reach a compromise. We are good. sure.’’ The sentence says, not willing to accept a prohibition First, those Senators who are op- The Secretary of Defense shall require the against competition. I am sure we can posed to the bill could graciously or performance of core logistic workloads nec- all defend our positions, and probably ungraciously step aside and allow the essary to maintain the core logistics capac- will as this debate goes on. bill to pass. Second, the President ities identified under paragraphs 1, 2, and 3 I am happy that my position is in could sign the bill instead of vetoing at Government-owned, Government-operated favor of competition. If companies bid- the bill. But in order to do that, we are facilities of the Department of Defense (in- ding to do this work and wanting to do going to have to put back in language cluding Government-owned, Government-op- it in San Antonio, TX, can’t do it erated facilities of a military department) that was previously agreed on and then and shall assign such facilities sufficient cheaper and better, don’t give them the later taken out. We are going to have workload to ensure cost efficiency and tech- work. But if they can do it cheaper, if to take out language that was taken nical competence in peacetime, while pre- they can do it better, to the extent out and then later put back. Then we serving the surge capacity and reconstitu- that I have power as just 1 of the 100 are going to have to reach an agree- tion capabilities necessary to support fully Members of the Senate, I cannot and ment on a couple of points that are strategic and contingency plans referred to will not step aside while other Mem- technical but are important to the Sec- in paragraph 3. bers of the Senate in essence say, even retary of Defense in meeting the na- In other words, all the work goes to if private contractors in San Antonio tional security needs of the United them. or California can do it better, even if States. Now, the Secretary of Defense, in they can do it cheaper, even if it saves So I want to say to my colleagues we trying to reach a compromise, says he hundreds of millions of dollars, we are at this unhappy state where we could live with promoting it but he don’t care, and we won’t let competi- have at least four and probably more of can’t live with ensuring it. Now, is it tion occur because we are going to run our colleagues who are going to try to worth risking killing the whole bill over people because we have a large the best of their ability to prevent this over one word? Well, it is if you believe enough number of people. We are going conference report from being adopted that one word is going to mean higher to say forget the taxpayers, forget in this session of Congress. We want to cost and less effective defense and if competition, we want this for our- work out an agreement. We want to you believe that this is part of a con- selves. We have earned it. We have pass this bill. There are things in this tinued effort of a small group of Mem- these depots and it is our right to have bill that are provisions that I wrote, bers of the House to impose their will this work. that I am for. We have a provision of on the whole process. Well, I reject that. I think it is this bill to guarantee the status of sen- So I think we have come up with one wrong. I believe I would reject it if ior military colleges. That is impor- page of changes in a bill that takes 17 there were no people in my State who tant. That is important to Texas A&M. hours to read, many of which are just wanted to compete for these contracts. I love Texas A&M, other than my fam- one word. If we could work this out, we Now, there are people who want to ily, more than anything else in the could get out of the way and this bill compete for these contracts, and I just world. I want that language to become could be signed by the President in- want to repeat, in concluding, that I law. There are a lot of things in this stead of being vetoed. am not trying to put any language in bill that I care about. A final point, and I will yield the the bill that says give it to my people So I would like to work out an agree- floor. We have already passed the ap- in Texas. I am not trying to put any ment. So would my colleagues—my propriations bill for the Defense De- language in this bill that says tilt the colleague from Texas, my two col- partment. We are here trying to pass playing field toward the private sector. leagues from California. But if we can’t the authorization bill after the appro- I am willing to accept 30 pages of lan- work this out, we are tired of being run priations bill has already passed. We guage that does everything it can to over. We are tired of a small group of don’t have to pass this bill. I would prevent competition from ever occur- Members of the House who have to like to pass it. But I would just like to ring if they will make one page of have it their way, even if it means hun- remind my colleagues that we are here changes. But I cannot and will not ac- dreds of millions of dollars of addi- today, instead of being here 2 months cept the position that people in my tional cost for the taxpayer, even if it ago, or a month ago, because of this State who want to do this work and means a weaker national defense. They one issue, and this one issue is that who have been doing it for years, who have literally distorted this whole principally Members of the House are helped win the cold war and tear down

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11321 the Berlin wall and liberate Eastern remaining ALC’s. There would be three terest in having a good debate is the Europe and free more people than any remaining. That is only reasonable be- campaign finance reform bill. victory in any war in the history of cause there is a tremendous value to Hopefully, by Friday, we can resolve mankind, now all of a sudden, because that. that matter. But even if we do, the a few Members who because of their Second, we are also providing a value issue would still stand that we would numbers have dominated this process, of the actual real estate value of the need to be able to offer some amend- say, ‘‘Don’t let people compete for my facilities that would be used. For ex- ments. So I am hopeful that we can ar- jobs,’’ will not be able to compete to ample, if the Senator from Texas want- range a way in which that can be ac- keep some of their work. I cannot step ed competition to come in and use commodated. Subject to how the bill is aside and let that happen willingly. I Kelly Air Force Base, it would not be pending on Friday, we would be subject may not be able to prevent it, as we fair competition to say, fine, you could to another cloture vote for which there will find out as this process goes along, have it for $1 a year. Instead, the bill would be a significant degree of opposi- but I have an obligation to fight it be- provides that it would have to be for tion—hopefully unanimous on our cause it is fundamentally wrong for the value of that institution. Those are side—so long as the campaign finance America to be preventing competition. dollars that otherwise would be spent reform issue and this tax matter has Almost as if on cue, our distin- on our defense system. not been resolved. But we certainly guished majority leader is here. I yield Third, I mention the question as to will work with the leader to work the floor. whether or not President Clinton made through these matters, and we have no Mr. INHOFE addressed the Chair. a political statement when he sug- objection to bringing the bill up today. The PRESIDING OFFICER. The Sen- gested out in Sacramento, CA, that Mr. LOTT. Mr. President, I have a ator from Oklahoma is recognized. they were going to leave that alone, I unanimous-consent request pending. Mr. INHOFE. Mr. President, first of would like to read his statement to The PRESIDING OFFICER. Is there all, let me say that it seems customary you. It says: objection? Without objection, it is so ordered. on this floor to say how much you ap- On July 1, you were dealt a serious blow preciate and love somebody and respect when the independent Base Closing Commis- The clerk will report. them. Of course, there is no better evi- sion said that we ought to shut Kelly down. A bill (H.R. 2646) to amend the Internal dence of my affection for the senior At my insistence and my refusal to go along Revenue Code of 1986 to allow tax-free ex- Senator from Texas than the fact that with that specific recommendation, the Air penditures from education individual retire- back when—some may have forgotten Force developed the privatization in place ment accounts for elementary and secondary school expenses, to increase the maximum that he ran for President. In the pri- plan that will keep thousands of jobs here at this depot. annual amount of contributions to such ac- mary, he ran against the then majority counts, and for other purposes. leader Bob Dole. I openly supported the That is right before the Presidential election. If you look at this one sen- The Senate proceeded to consider the senior Senator from Texas over Sen- bill. ator Bob Dole, which was politically tence which says, ‘‘At my insistence pretty dumb for me to do. But I did it and my refusal to go along with that f because I felt he is a very capable indi- specific recommendation * * * ’’ that in CLOTURE MOTION vidual. and of itself is a very clear violation of Mr. LOTT. Mr. President, I send a Having said that, I would like to re- both the intent and the letter of the cloture motion to the desk. spond to the items that he has stated BRAC process. The PRESIDING OFFICER. The in his statement. Let me cover a couple I yield to the majority leader. clerk will report. of things that the distinguished Sen- Mr. LOTT. Mr. President, I know The bill clerk read as follows: ator from Texas talked about. there is a lot more debate that we will CLOTURE MOTION For openers, the Senator from Texas hear on this subject. We would like to We, the undersigned Senators, in accord- stated that the BRAC Commission, start a process that would get us on the ance with the provisions of rule XXII of the during their process in 1995, offered as DOD authorization conference report. Standing Rules of the Senate, do hereby an alternative to privatize in place. Let f move to bring to a close debate on H.R. 2646, me suggest to you, Mr. President, that the Education Savings Act for Public and EDUCATION SAVINGS ACT FOR is not the case. It was the case in New- Private Schools. PUBLIC AND PRIVATE SCHOOLS Trent Lott, Paul Coverdell, Robert F. ark, it was the case in Louisville, it Bennett, Pat Roberts, Strom Thur- was the case in the Naval Air Warfare Mr. LOTT. Mr. President, regarding mond, Gordon H. Smith, Bill Frist, Center in Indianapolis; but it was not the Coverdell A-plus education bill, I Mike DeWine, Larry E. Craig, Don the case in either McClellan Air Force ask unanimous consent that the Sen- Nickles, Connie Mack, Jeff Sessions, Base or Kelly Air Force Base. The rea- ate now turn to H.R. 2646, the Coverdell Conrad Burns, Lauch Faircloth, Thad son I say that is that, specifically in education bill. Cochran, and Wayne Allard. those first three instances where they Mr. DASCHLE. Mr. President, reserv- Mr. LOTT. Mr. President, for the in- did privatize in place, the BRAC report ing the right to object. We have no op- formation of all Senators, the cloture said specifically ‘‘privatize in place.’’ position to moving to the bill, but, ob- vote on the Coverdell education bill Contrary to that, in the 1995 round, it viously, how the bill is considered will will occur on Friday of this week. We specifically said that whatever hap- be of some interest to us. I know that will have consultation with the Demo- pens, whether it is privatization or the leader has indicated he would like cratic leader and will notify Senators anything else, you have to move the re- to go to the bill and, as I understand it, as to exactly what time that would quired equipment and any required per- there may be a cloture vote as early as occur. We will give them that informa- sonnel to the receiving locations. Friday on the bill itself. tion on Thursday so Members can I think we all know why that is the Obviously, we still have not been able make plans for what time we would case. If you have five air logistic cen- to resolve our problems relating to have that vote and, hopefully, what ters, each one operating at 50 percent campaign finance reform and, in part time they could then leave on Friday. capacity and you close the two least ef- because of that and also because this is In response to the Democratic lead- ficient ones, according to the BRAC a tax bill and not subject to reconcili- er’s comments, first of all, this is a Commission, you then would transfer ation constraints under which we have very, very important issue. I have that workload, and if you didn’t trans- worked with other tax bills, Demo- found that any time that I explain fer that workload, you would have to cratic Senators, I know, and perhaps what the Coverdell A-plus provision somehow account for paying for 50 per- some Republicans would appreciate the will do, people of all backgrounds and cent of overhead that isn’t being used. opportunity to offer amendments. We races and situations in education are Now, when we talk about what this have an array of amendments on this very much attracted to it. We would bill does, it is true that we are includ- particular bill that we would like to allow people, whether it is parents or ing in any competition a value for the offer and, of course, perhaps most grandparents or even other groups, to vacancy that occurs, or the 50 percent prominently of all, the non-tax-related be able to have savings accounts simi- capacity that is not being used in the matters for which there would be an in- lar to individual retirement accounts.

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11322 CONGRESSIONAL RECORD — SENATE October 29, 1997 And those moneys can be used with tax Mr. President, I ask unanimous con- those highway people that now would benefit to help children with education, sent that the mandatory quorum under like some additional action, where K through 12—kindergarten through rule XXII be waived. were they a week ago? Why weren’t the 12th grade. That may be for com- Mr. DASCHLE. Mr. President, reserv- they talking to the Senators that were puters, or it could be for a tutor. It ing the right to object, I wish quickly opposing cloture that would allow us to could be for supplies, or it could be to to respond. get on to this highway bill? make some decision on their own as Mr. President, the distinguished ma- So, if they have any ideas now as to parents as to where their children jority leader mentioned several other how to proceed, I urge them to talk to would go to school. It is the sort of pieces of legislation that have urgency the chairman and ranking member on thing we have for higher education in to them. Our position has been all the Environment and Public Works America. along that on those occasions where Committee and explain why they I think one of the reasons we have there is urgent legislation, we want to weren’t involved a week or 2 weeks ago very good higher education in America work with the majority to expedi- so we could get to the substance of this but much weaker elementary and sec- tiously move those bills through the issue. ondary is because we don’t have the process. One in particular is the 6- f same resource, the same opportunity, month ISTEA bill. We have indicated the same financial benefits available. that we are more than ready to respond UNANIMOUS CONSENT REQUEST— So I think this is a bill that has a lot to the bipartisan Governors’ request NATIONAL DEFENSE AUTHORIZA- of support. We saw that here in the stated yesterday in a letter that we TION ACT FOR FISCAL YEAR 1998, vote earlier this year in the Senate. pass a 6-month ISTEA bill. Members of CONFERENCE REPORT I am glad that Senator DASCHLE indi- the House leadership have said they Mr. LOTT. Madam President, I now cates that they do not object to us get- will only accept a short-term bill. The ask unanimous consent that the Sen- ting to the substance of this bill. House short-term bill is currently on ate turn to the consideration of the With regard to amendments, I cer- the calendar. DOD authorization conference report, tainly think it would be a good idea I hope we can take that House-passed and it be considered as having been and would want amendments to be of- bill, amend it with any improvements read. fered. I would like for them certainly the Senate deems appropriate, and Mr. DASCHLE. Reserving the right to be germane amendments. After we quickly to deal with the urgent matter to object. get cloture on this issue then we would of reauthorizing expired safety pro- Mr. GRAMM. Reserving the right to go to the amendment process. I am grams and the urgent matter of pro- object. sure that Senators on both sides of the viding contract authority that the 6- The PRESIDING OFFICER. The Sen- aisle would probably have some amend- month legislation addresses. So we are ator from Texas is recognized. ments that they would like to offer. more than willing to work with our Mr. DASCHLE. Madam President, I I think, once again, it is very unfor- colleagues on such matters of urgency. sought recognition. tunate that this matter would be tied This tax bill, however, would not be Mr. GRAMM. Madam President, if I up over the campaign finance reform called urgent. It may be, as the Sen- might have the indulgence of the ma- issue. We continue to work to get some ator has indicated, a popular bill. But jority leader to try to explain where we agreement that we can go along with. there are other popular tax bills that are, and I will do it very briefly. As a matter of fact, once again, just didn’t get in the budget reconciliation We have before us a bill that would like last week, I had thought we had an package last summer that many Sen- take 17 hours to read. It has 30 pages in agreement. We had a unanimous-con- ators want to revisit. This happens to it that are aimed primarily to prevent sent agreement typed up. Senator be one of them. competition from occurring in defense. MCCAIN is now saying that is not what We have a whole host of other tax In preventing competition from occur- he meant, that is not what he wants, or provisions that we think the Senate, if ring, it will cost the taxpayers hun- he needs something different. But we we are going to have a tax bill, ought dreds of millions of dollars, and it will will continue to work on it. Senator to at least give some thought to recon- prevent private contractors—some of DASCHLE and I have talked. I have sideration. whom might use facilities at Kelly Air talked to interested Senators in trying So again we are certainly ready to Force Base in Texas or might use fa- to get resolution as to when it would work with our colleagues, and I am cilities at McClellan Air Force Base in be handled. willing to work with the majority lead- California, or might use other facilities I say, again for the RECORD, it would er to see if we can’t resolve that mat- anywhere in the country—from com- be my intent to call this issue up be- ter. But I am very hopeful and deter- peting. fore the end of the first week in March. mined to ensure that we do come to Despite the fact that we have a bill I don’t intend to fill the tree up. I some final agreement on a procedure that would take 17 hours to read, de- would like amendments to be in order. on campaign finance, and, like the ma- spite the fact that we have 30 pages of The problem is Senator MCCAIN wants jority leader, I stand willing to work language which is primarily aimed at some specific extra provision as to with those who have been very much preventing this competition, in work- what he might offer and how it would involved in the issue to see if we can do ing with the Defense Department and be voted on. That is what we are still that this week. with the White House, we have come up working on. But we get very close, and I will not object. with 1 page of changes that if it could then it slides back a bit. We will keep The PRESIDING OFFICER [Ms. COL- be made in technical corrections to the working on that because, again, I think LINS]. Without objection, it is so or- language of the bill, then we would it would be unfortunate if the Senate dered. happily get out of the way and let the would continue to be tangled up on Mr. LOTT. Madam President, if I bill pass. that issue while letting very, very im- could just respond further, I think I The President, who is committed to portant national issues like our na- have made it clear my commitments veto the bill—and I put his letter in the tional transportation infrastructure, trying to get the ISTEA extension RECORD—would then gladly sign the highway improvement and educational highway infrastructure bill done. Basi- bill. So the point I would like to make opportunities in America—even fast- cally, the Senate spent 2 weeks trying is that while we are here to resist to track trade agreements—because we to get on the substance of that bill. Be- the best of our ability—and we will re- can’t get an agreement on this other cause of the unrelated campaign fi- sist—that we are only a few changes issue. nance reform issue, the highway bill away from the ability to move ahead But as majority leader I am going to has had to be pulled. I indicated more with a bill that not only could we pass call these important bills up. And this than once repeatedly that if we didn’t this afternoon but that the President one will get a cloture vote, and then get cloture and get on the substance could sign. hopefully we will proceed to the sub- the Members that were blocking that It is my understanding that there stance and relevant amendments that bill would have to bear the responsi- may be other technical language would be offered. bility for it. For those Governors and changes related to an amendment that

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11323 Senator DOMENICI wrote that was Mr. GRAMM addressed the Chair. Mr. LOTT addressed the Chair. adopted by the Senate, and then subse- The PRESIDING OFFICER. Does the The PRESIDING OFFICER. The ma- quently was technically changed by the minority leader seek recognition? jority leader. staff. Senator DOMENICI is seeking to Mr. DASCHLE. I do, Madam Presi- Mr. LOTT. Madam President—— get a technical change to correct this dent. But I would be happy to allow the Mr. GRAMM. Let me ask the Chair. mistake. I think if you look through distinguished Senator from Texas to Mr. LOTT. Madam President, I am the 30 pages of depot language—what complete his remarks. raising my hand to go ahead and give a the Leader is looking at—you can see Mr. GRAMM. I was seeking recogni- second. that we are asking for hardly any tion, Madam President, both to com- The PRESIDING OFFICER. Is there a changes, but that these are changes the plete my remarks, and to object. If the sufficient second? Secretary of Defense and the President distinguished minority leader wanted There is a sufficient second. believe are critical to their ability to to speak before I objected, I would be The yeas and nays were ordered. operate the Defense Department effi- glad to withhold. Mrs. HUTCHISON addressed the ciently and to meet the national secu- Mr. DASCHLE. I appreciate the ac- Chair. rity needs of the country. commodation of the Senator from The PRESIDING OFFICER. The Sen- So, while we are here today to ob- Texas. ator from Texas is recognized. struct, we are willing, with just a few Madam President, just very briefly, AMENDMENT NO. 1526 TO MOTION TO POSTPONE changes, to allow the bill to go for- because the distinguished majority Mrs. HUTCHISON. I send an amend- ward, and in the process we can get a leader made some comments relating ment to the motion to postpone to the guarantee that the President will sign to the ISTEA bill, let me just say as desk, and ask for its immediate consid- the bill. succinctly as I can, there is a dif- eration. So I would like to urge my colleagues ference between desirable outcome and Mr. LOTT. Madam President, I move to work with us to correct this 30 pages an essential outcome. A 6-year bill cer- to table the Gramm motion, and I ask of language which is aimed at pre- tainly is desirable. I have long favored for the yeas and nays. venting competition. a 6-year bill with my full support. But The PRESIDING OFFICER. The So, while we obstruct, we hope to a 6-month bill is now essential. House clerk will first report the amendment make progress. leaders have said they are not taking from the Senator from Texas. And, based on that hope, I object. up the desirable bill. They are taking The legislative clerk read as follows: Mr. LOTT. Under his reservations, up the essential bill—the 6-month bill The Senator from Texas [Mrs. HUTCHISON], would the Senator withhold on his ob- that bridges the two legislative ses- proposes an amendment numbered 1526 to jection, and allow me to make a com- sions to accommodate our Nation’s the motion by Mr. GRAMM to postpone the ment and ask a question? highway, transit and safety needs. We motion to proceed: Mr. GRAMM. Certainly. have come to the recognition, given Strike the date and insert ‘‘January 18, 1998.’’ Mr. LOTT. Madam President, if he our current circumstances, that the es- would yield for a response, I under- sential bill may be all we can do. The PRESIDING OFFICER. The ma- stand that these few changes are about So I do think it is important as we jority leader. 30 pages. consider these bills to recognize that Mr. LOTT. I move to table the Mr. GRAMM. No. there is a difference between essential Gramm motion, and I ask for the yeas Mr. LOTT. I have been notified by and desirable. We recognize the impor- and nays. four Senators that they have objec- tance of getting the essential work The PRESIDING OFFICER. Is there a tions. done. That is the reason we would sup- sufficient second? There is sufficient second. Mr. GRAMM. Those are the 30 pages port this afternoon taking up that bill. The yeas and nays were ordered. in the bill. The only changes we are I again appreciate the accommoda- Mr. GRAMM. Madam President, I making are the changes that are writ- tion of the Senator from Texas. suggest the absence of a quorum. ten in black ink. I yield the floor. The PRESIDING OFFICER. The Mr. LOTT. Let me just say I have Mr. GRAMM. Madam President, I ob- clerk will call the roll. worked with this issue, as the Senator ject. The bill clerk proceeded to call the knows, and the other Senator from The PRESIDING OFFICER. Objec- Texas, over the last 2 or 3 years. I know roll. tion is heard to the unanimous-consent Mrs. HUTCHISON. Madam President, there are other Senators that have an request. interest in it and have different views. I ask unanimous consent that the order I know a mighty effort has been made f for the quorum call be rescinded, only on all sides. This is not a partisan NATIONAL DEFENSE AUTHORIZA- to ask unanimous consent that a staff- issue. It is a difficult issue between TION ACT FOR FISCAL YEAR er be allowed on the floor. some States, though, to try to resolve 1998—CONFERENCE REPORT The PRESIDING OFFICER. Is there it. objection to the unanimous-consent re- MOTION TO PROCEED I really felt like we were never to quest? Without objection, it is so or- bring it to a head until we get this leg- Mr. LOTT. Madam President, I now dered. The Senator from Texas. move to proceed to the DOD authoriza- islation started. That is my intent PRIVILEGE OF THE FLOOR here. We are going to get it started off. tion conference report. Mrs. HUTCHISON. I ask unanimous I have discussed with Senator MOTION TO POSTPONE consent my staff member, Karen DASCHLE the possibility that we at Mr. GRAMM. Madam President, I Knutson, be allowed access to the floor. some point—we met this afternoon—we send a motion to postpone the motion The PRESIDING OFFICER. Without meet to see what else can be done. I am to proceed to the desk, and ask for its objection, it is so ordered. certainly willing to continue to work immediate consideration. Mrs. HUTCHISON. I suggest the ab- with both sides to try to find a resolu- The PRESIDING OFFICER. The sence of a quorum. tion. clerk will state the motion. The PRESIDING OFFICER. The But we are running out of time in The legislative clerk read as follows: clerk will call the roll. this session. This is a very, very impor- The Senator from Texas [Mr. GRAMM], The bill clerk proceeded to called the tant bill for national defense and the moves to postpone the motion to proceed roll. security of our country. until January 15, 1998. Mr. LOTT. Madam President, I ask So I thought we should go ahead and Several Senators addressed the unanimous consent that the order for get started. And hopefully that will Chair. the quorum call be rescinded. cause us to try to find some way to re- Mr. GRAMM. Madam President, I ask The PRESIDING OFFICER. Without solve this one remaining—one remain- for the yeas and nays. objection, it is so ordered. ing—very difficult issue to resolve. The PRESIDING OFFICER. Is there a Mr. LOTT. I ask unanimous consent I thank the Senator for withholding sufficient second? that, prior to the motion to table vote, so I could make that comment. There is not a sufficient second. there be 45 minutes of debate only,

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11324 CONGRESSIONAL RECORD — SENATE October 29, 1997 equally divided between the time con- This so-called compromise essen- other overhead that had been shifted to trolled by Senator GRAMM and Senator tially puts an end to the Defense De- other accounts. INHOFE, or their designees. partment’s plan to conduct public-pri- The way the next two competitions The PRESIDING OFFICER. Is there vate competitions for the depot work are set up, under this bill, private in- objection? currently done at both Kelly and dustry will be very reluctant to bid, Mr. GRAMM. Reserving the right to McClellan. The possibility for a private and probably will not bid, on the work- object, and I will not object, so in es- company to win one of these competi- loads at McClellan and Kelly. In fact, sence what we are agreeing to is to set tions is the cornerstone of each com- the Sacramento Bee quoted an indus- aside 45 minutes, half of which would munity’s reuse plan that resulted from try representative who said, ‘‘I can’t be ours, for people to talk about the the Base Realignment and Closure Act conceive of a company that would bid issue. At the end of that 45 minutes, we which will close both of these bases at for McClellan and Kelly under these would then vote on the motion to the turn of the century. circumstances.’’ table—— Continuing to quote from Director Supporters of the depot language say Mr. LOTT. That’s correct. Raines’ letter: this is a compromise that will allow Mr. GRAMM. The underlying amend- The bill seeks to impose unique and inap- fair and open competitions at McClel- ment. OK. Fine. propriate requirements on DOD’s process for lan and Kelly. I say baloney. How can The PRESIDING OFFICER. Without allocating the work now performed at San I or my colleagues from California and objection, it is so ordered. Antonio and Sacramento Air Logistics Cen- Texas believe that these competitions Mr. LOTT. Madam President, just ters. The Department is conducting a fair will be fair and open when one of the again for clarification of what we are and open competition to determine the most authors of this very language, a Sen- doing here, there are very strong feel- efficient and cost-effective way to perform this work in the future. Both private con- ator from Oklahoma, believes that this ings and great ground for substantive tractors and public depots are competing for language shuts the door on private in- disagreement on this issue. Before we the work. By dictating how DOD should dustry’s ability to compete. Quoted in start a series of procedural votes, I treat certain competitive factors, this bill the Daily Oklahoman he said, ‘‘I think thought it made good sense for both seeks to skew any competition in favor of it’s highly unlikely any contractor sides, proponents and opponents of the the public depots. would want to bid on it.’’ Now, how are position in the conference report, to This skewing of the outcome of these my colleagues and I supposed to be- sort of have a chance to lay out their ongoing public-private competitions is lieve it is a fair compromise with positions. By doing it this way, the what is unacceptable, and we will fight statements like this? We need fair and time will be actually controlled be- it to the bitter end. open competition for the depot work at tween the two sides. Then we will have We tried to work with the committee McClellan and Kelly. As Secretary some procedural votes. And it is my in- toward an agreement. At one time, the Cohen has stated repeatedly, this lan- tent to also file cloture on this issue Senators from Texas and California guage just does not provide it. tonight. thought we had succeeded in reaching Beyond that, we will see what hap- an agreement with the committee. We We need to allow public-private com- pens. So, for the next 45 minutes, then, were ready to buy half a loaf. There petitions in order to achieve the kinds we will have debate equally divided. were four points we wanted, but the of savings necessary to reach the pro- I yield the floor. agreement we thought we had only curement levels needed to fund the modernization of our weapons systems. The PRESIDING OFFICER. Who contained 21⁄2 of those needs. We agreed yields time? to back off. Overnight those who wrote Madam President, I have much more Mr. GRAMM. Madam President, I the bill put in technical language to say, but in the interest of time let yield the distinguished Senator from which essentially killed the ability for me say this. California 7 minutes. private contractors to bid. One of the The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- ways they did it was by hiding their ator’s 7 minutes have expired. ator from California is recognized for 7 overhead costs. Mrs. FEINSTEIN. We have tried to minutes. I think the Senators from Texas can achieve a compromise. We are open to Mrs. FEINSTEIN. I thank the Chair well explain how this has happened in a compromise. and thank the Senator from Texas. the past, and how great a disincentive Madam President, I rise to oppose Mr. GRAMM. Madam President, I this would be to any private company yield 1 additional minute to the distin- the Defense authorization conference who might want to bid on our work- report. I oppose this conference report guished Senator from California. loads. The PRESIDING OFFICER. Without because it contains language that will I find it amazing that this depot cau- objection, it is so ordered. effectively ban any further public-pri- cus language was still included, even vate competition of depot workload at after the first private-public competi- Mrs. FEINSTEIN. I thank the Sen- McClellan and Kelly Air Logistics Cen- tion held for Kelly’s C–5 air work work- ator from Texas. ters. If this restrictive depot language load was won by Warner Robins Air Lo- We are open to a compromise. We are remains in the bill, the President has gistics Center in Georgia. willing today to accept the very lan- said he will veto the bill. A letter is al- Members of the Depot Caucus have guage that we thought we had agreed ready in the RECORD, signed by Office complained from the first day these upon, which gave us the two and a half of Management and Budget Director competitions were announced by the issues out of the four which would en- Franklin Raines, to that effect. I will Air Force that they would be unfair able us to have public-private competi- read the letter in part: and biased. They said that public de- tion at these bases. In order for this to The bill includes provisions whose intent is pots could not possibly win. But War- occur, we must return to the earlier to protect public depots by limiting private ner Robins won. How did this happen? compromise language, before the industry’s ability to compete for the depot- One of the reasons is that public de- changes were made. level maintenance of military systems and pots can hide their overhead in other Madam President, I cannot tell you components. If enacted, these provisions, which run counter to the ongoing efforts by accounts when they bid against private what a big deal this is in Northern Congress and the Administration to use com- industry for work, and members of pri- California. The entire community has petition to improve DOD’s business prac- vate industry on numerous occasions been mobilized around this concept of tices, would severely limit the Department’s have said this is exactly why they can- possibly being able to privatize the flexibility to increase efficiency and save not compete under current law. workload. All we are asking for is fair- taxpayer dollars. Warner Robins, as I understand it, ness. All we are asking is that the deck Both the Quadrennial Defense Review and took advantage of this ability to hide not be stacked against us. All we are the National Defense Panel recommended re- overhead costs to help make their bid asking is that public depots not have peal of current laws constrain DOD’s efforts to competitively outsource depot mainte- below that of their private competi- the opportunity to fudge bids by hiding nance workload. Rather than facilitating tors. In fact, the Air Force had to add costs. This conference report denies DOD’s use of competitive outsourcing, the approximately $170 million to Warner that, and we have decided that we will bill attempts to further restrict it. Robins’ bid for the 500 employees and use every avenue open to us to fight

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11325 this bill until we either achieve a com- So do I. I think we have responded to integrity in the contracting process in promise or a veto. the Senator’s call for competition, and the Department of Defense, which in- The PRESIDING OFFICER. The Sen- we have crafted language that produces tegrity we feel has been attacked. ator’s additional time has expired. that. I was asked, on the record, would you Mrs. FEINSTEIN. I thank the Chair. Madam President, I have a document still be fighting this fight if Hill Air The PRESIDING OFFICER. The Sen- with responses to a floor statement Force Base were not involved, and ator from Oklahoma is recognized. that was made earlier by the senior would you stand to protect Hill Air Mr. INHOFE. Madam President, I Senator from Texas. This briefly ad- Force jobs if it cost the taxpayers yield 7 minutes to the Senator from dresses some of his primary objections, extra money? I said to the reporter in Utah. many of which have been repeated here the hometown where Hill Air Force The PRESIDING OFFICER. The Sen- today. Base is located, if we cannot dem- ator from Utah is recognized. I ask unanimous consent that the onstrate that the Air Force is better Mr. BENNETT. I thank the Chair and summary of those 11 statements, plus off financially by having the work done I thank the Senator from Oklahoma. the responses to them, be printed in at Hill Air Force Base, I cannot as a I sat and listened to the senior Sen- the RECORD at the end of my state- Senator say the work should still be ator from Texas as I did some weeks, if ment. done at Hill Air Force Base at a higher not months, ago when he made similar The PRESIDING OFFICER. Without price. speeches, and I want to respond to objection, it is so ordered. I believe the position we are taking is some of the comments he made. (See exhibit 1.) sound management practice, sound He said that his primary interest in Mr. BENNETT. Now, Madam Presi- business practice. It is what I would do life is preserving competition. I want dent, I have spent 5 years in the Sen- if I were a businessman charged with competition, too. He said he wants fair ate. I have spent 40 years in the busi- the responsibility of running this fac- competition. I want fair competition, ness community. I am a businessman tory that is at overcapacity, and I be- too. I remember in his previous speech who has run businesses. I would like to lieve that we have just as solid rea- he said he was so concerned about fair speak, in the remaining time, out of soning to stand on principle as the Sen- competition that he would be willing that experience rather than the polit- ator from Texas believes he has. to write the law in such a way as to ical experience. I hope everyone will recognize that it outline the requirements to make sure What we are dealing with here from a is not appropriate to attack anybody there was fair competition and then business standpoint is a factory that is else’s motives. Now, if he attacks the allow the depots a 10-percent cushion. at overcapacity. The question is, How motives of the folks in the House, that He said, if they came within 10 percent do we as competent managers deal with is fair game. I will let him do it with of the private sector, they would be that excess capacity? Do we have com- the people in the House; that is kind of given the opportunity to hold the petition? Of course, we do. If we have the way we do it here. But I wanted to work. items that can be taken out of the fac- make my statement with respect to We believe the language in this bill tory and built more cheaply someplace where we are in the Senate. fulfills the requirement that he laid else, we want them out of the factory EXHIBIT 1 out on this floor at that time, that it and built more cheaply someplace else. COMPETITION—STATEMENTS OF SENATOR PHIL does outline fair competition. He says But if we have the capital investment GRAMM many people think of depots as an enti- in the factory itself and we have excess 1. ‘‘What the Department of Defense wants tlement, and he says, ‘‘I reject that.’’ capacity, we would not be wise stew- to do is have a competitive bidding between I agree with him 100 percent. Depots, ards, we would not be intelligent the three depots in the Air Force that are or any defense facility, are not an enti- businesspeople if we did not go out and doing maintenance work and private con- tlement, whether it is in California or look for things to be built in the fac- tractors.’’ (The bill specifically authorizes Texas or Utah or Arizona. However, tory to soak up that excess capacity as such competitions and requires that the De- partment allow all qualified bidders and there is the question of the core capa- our first responsibility to the share- teams to participate.) bility of the Department of Defense in holders. 2. ‘‘Now, what Senator Hutchison and I establishments that they have created We here in the Senate are responding want is simply to allow private contractors over time. It is an established rule that not to shareholders but to taxpayers. in our State or anywhere else to have the core work is to be done in Government- We are responding to military people right to compete for this work and, if they owned facilities. who are depending upon these facilities can do it better, if they can do it cheaper, What is core work? It is the work to provide the necessary skills in time they would have an opportunity to do it.’’ that has to be done in case we go to (The bill specifically authorizes such com- of war, and we are facing a cir- petitions and requires that the Department war, in case we are in the circumstance cumstance where we have excess capac- allow all qualified bidders and teams to par- where a private contractor says, ‘‘I ity. ticipate.) don’t want to interrupt my commercial I am as dedicated as anybody else to 3. ‘‘Why should we not have price competi- business to do this military business the idea that we need to move ahead tion.’’ (We should, and this bill makes that just because there is a war going on.’’ with competition and save taxpayers’ happen. The compromise language requires There is core work that must be done. money. But to ignore the question of that the Department has to take into ac- Prior to the adoption of the language our existing capacity and overcapacity count the total direct and indirect costs when comparing the offers.) that is in this bill, the definition of in the name of a theoretical argument 4. ‘‘If Republicans believe in anything, it is what is core work and what is not was in favor of competition, which sounds competition.’’ (The bill reflects this belief, left entirely to the Secretary of De- good in the classroom, is to be irre- and specifically authorizes such competi- fense. That means if the Secretary of sponsible. tions and requires that the Department Defense wants to rule something as not One final comment, Madam Presi- allow all qualified bidders and teams to par- core work and thereby rig the competi- dent, and then I will yield back the re- ticipate on an even playing field.) tion for political purposes, he has the mainder of my time. The Senator from 5. ‘‘Obviously, if you wanted to be reason- able on this issue, you would simply say to right to do it. Texas has said on this occasion and re- the Defense Department, look, here are a set One of the things that appeals to me peatedly that this for him is not a pa- of criteria for looking at a fair competition most about this language is that it rochial issue, that it is a matter of with a level playing surface.’’ (The bill does puts sunshine on the process of deter- principle and that he is standing on this. It authorizes competitions and estab- mining what is core and what is not this principle even if a base in Texas lishes a few of the criteria that must be con- and requires the Secretary of Defense were not involved. I will accept that. I sidered in evaluating the various proposals. to report to whom? To the Congress, to will respect that. I want to make it The Department of Defense would retain the the people who are appropriating the equally clear, however, Madam Presi- flexibility to establish any additional cri- teria that the Department believes would en- money, as to what is core and what is dent, that there are those of us on the sure a level playing surface.) not. other side of the argument who feel 6. ‘‘But we could set out simple criteria for What can be wrong with that? The just as strongly that we are standing a level playing surface to have competition Senator from Texas wants competition. for a principle where the principle is between the public sector and the private

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11326 CONGRESSIONAL RECORD — SENATE October 29, 1997 sector to do this work.’’ (Again, this bill does How do you have competition if there out. We think we almost did work this this. It establishes a few of the criteria that are no bidders? matter out, but overnight, something must be considered in evaluating the various I yield 5 minutes to the Senator from changed in the language. We are unable proposals. For example, it states private and California. to look our constituents in the eye and public bidders can team. This is good for The PRESIDING OFFICER. The Sen- competition. The Department of Defense look the taxpayers in the eye and say would retain the flexibility to establish any ator from California is recognized for 5 they are going to get a fair deal, be- additional criteria that the Department be- minutes. cause they are not. lieves would ensure a level playing surface.) Mrs. BOXER. I thank the Chair. I That is really all we want on behalf 7. ‘‘Have competitive bidding after you thank Senator GRAMM for yielding me of our constituency: a fair chance to first set out the criteria for competitive bid- this time. I thank Senator HUTCHISON compete, to do the work at a lower ding. If you want to look at the cost of facili- for her being so kind to me to allow me cost. You wouldn’t think we would ties they are using, to make adjustments for to precede her in these remarks. I will have to struggle over such a common- it, then look at everything—look at retire- not go over my 5 minutes because I sense proposition. ment costs, look at every single cost, come know she has much to offer and has I really have to say that the passage up with a way of measuring it, and have a of this bill has been jeopardized. The competition. And then, even if the depots been struggling with this issue for lose the competition by less than 10 percent, quite a while. adoption of this conference report is give it to them anyway.’’ (The criteria spe- I wonder if the public is confused jeopardized, and there is no reason for cifically includes the cost of facilities (land, about what this debate is all about. it. We were so close. We ought to go plant, and equipment) from a military in- They see colleagues across party aisles, back again. stallation that are proposed to be used by a from Texas and California, joining What happened in the end, to use an private offeror. The Department would re- hands—we don’t often do this on many analogy, was like a footrace in which tain the flexibility to include the cost of fa- the committee basically said, ‘‘Line up cilities that are proposed to be used by a issues—and complaining that, in fact, a compromise that was supposed to occur all the private sector people who want public depot if they can justify their deci- to be involved in depot work; line up sion. The criteria also include the total esti- in the committee to work out the prob- mated direct and indirect costs (including lems we all had with this depot lan- all the public depots in Utah, in Okla- retirement costs) and the total estimated di- guage was abandoned. Had that lan- homa, in Georgia, and everyone will rect and indirect savings to the Department guage been held to, had we been able to sprint as fast as they can for 100 yards. of Defense. The only thing the language does work it out, we would all be here with- The first person to cross the finish line not do is give the public depots a 10-percent out holding up this bill. wins.’’ price preferential, as was proposed by the I really think what is at stake is very Unfortunately, the committee put Senator from Texas. 100-pound weights on those from Kelly 8. ‘‘But what I want the workers there to important not just to those workers at McClellan, 2,000 strong—it impacts and McClellan, so they can’t win a race have a chance to do is to go to work for pri- or even compete in a race if they are so 2,000 families—4,000 workers at Kelly, vate companies that might have a chance to burdened. That is what this conference compete for the work. So I am not asking for at least that many and their families, anybody to give anything to San Antonio, committee has done. but also, as Senator GRAMM has point- I say in the name of fairness, to those TX. But I am demanding that we have an op- ed out, to taxpayers throughout the portunity to compete.’’ (The compromise working families at Kelly and McClel- Nation. lan, I say in the name of fairness to language gives them this opportunity.) But the fact is, either you are for taxpayers who want to see us move for- The PRESIDING OFFICER. The time competition and the best deal for tax- of the Senator from Utah has expired. ward and save as many tax dollars as payers or you are not. We are for com- we can, and in the name of a strong na- Mr. GRAMM. Madam President, I petition. We are for allowing the pri- want to yield to my colleague from tional defense where the Defense De- vate sector to come in with a fair and partment has the flexibility it needs in California, but I want to make two level playing field. The language in the points that I think will be telling. this case and many others to move to bill which we now oppose would thwart the best way to meet our national de- I would like people to note that in competition. trying to find a compromise, I made an fense needs, in the name of all of them, In the Senate, we managed to keep I suggest that we go back to com- extraordinary offer which the Senator all harmful language off the bill, but promise mode. We can resolve this alluded to, and that is I said, look, the House had very restrictive lan- problem and move this bill forward. don’t have a fair competition between guage. We hoped going into the con- That is the spirit in which I speak to the private sector and the depots. Have ference there could be a compromise. the U.S. Senate today. I do want to say a competition that says if the depots What you are going to hear from this. I am as determined as my col- can do it at only 10 percent more than some of the folks who don’t want com- leagues from Texas and my senior Sen- the private sector, then give them the petition from the private sector is that ator, Senator FEINSTEIN, to do every- work and let the taxpayer pay 10 per- this group of us from Texas and Cali- thing in my power to make sure—to cent more for the same work. But if fornia want to undo the BRAC, want to make sure—that the commitments they, if the private sector, can do it undo the Base Closure Commission and made to the people at Kelly and with savings of at least 10 percent, their recommendations vis-a-vis Kelly McClellan and to the taxpayers are, in then let them have it. and McClellan. This is false. fact, kept. We will use every par- I would just note to my colleagues If you turn to page I–85 of the BRAC liamentary tool at our disposal to that was an offer on my part to have report, you will find that right there it make sure that fairness and justice less than a flat playing surface, and says the DOD is instructed to ‘‘consoli- will win out in this debate. Thank you, that offer was rejected. date the remaining workloads to other very much. I yield back my time to Second, I would just go back to the DOD depots or to private sector com- Senator GRAMM. newspaper article reporting on the mercial activities.’’ Mr. INHOFE addressed the Chair. amendment and those who had crafted So very clearly the BRAC said the The PRESIDING OFFICER. The Sen- the language of the bill saying, ‘‘The DOD should have the flexibility to ator from Oklahoma. requirements put on contractors’’— work with the private sector, and the Mr. INHOFE. I yield 6 minutes to the that is private contractors—‘‘in the administration very much wants to do distinguished junior Senator from new language would likely keep them this. The Department of Defense very Georgia. from wanting to bid on the work.’’ much wants to do this. The PRESIDING OFFICER. The Sen- Well, if the language keeps them We already heard from Senator ator from Georgia is recognized. from wanting to bid, how do you have GRAMM that the President will veto Mr. CLELAND. Madam President, I competition? It seems to me that those this bill if we do not move forward to- certainly understand the position of two points show we were not even in- ward a compromise. I don’t think the the Senators from Texas and Cali- sisting on any kind of level playing Senators from California and Texas fornia. They have worked long and surface. And second, they say of their want a veto. We could stop talking at hard on this issue. I understand where own provision that it will prevent pri- this very moment and go into one of they are coming from. I congratulate vate contractors from wanting to bid. the cloakrooms and work this matter the

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11327 Senator from Oklahoma, Senator The PRESIDING OFFICER. The Sen- point, there has to be integrity in the INHOFE, and others, who have worked ator from Texas is recognized. process. At some point, the people of just as hard to make sure this is a fair Mrs. HUTCHISON. Thank you, San Antonio or the people of Sac- bill. The bill is consistent with the tar- Madam President. I thank all of the ramento must know that there is a gets of the bipartisan budget agree- Senators who are trying to do what is fairness because the Base Closing Com- ment. right in this bill. I hope very much mission recommended that the Depart- On the major issues such as Bosnia, that we will be able to come to an ment of Defense be given the option of the B–2 bomber, and cooperative threat agreement that will allow free and fair privatizing in place or going to a public reduction, the bill is much closer to competition. depot. They have competed fair and the Senate position than the House po- We are not asking for something spe- square, and they have been beaten. sition. The most difficult issue to re- cial. We are not asking for an advan- They have been beaten. So you can solve in the conference was the depot tage. In fact, we have gone so far be- have a fair competition. It has been maintenance provision. These provi- yond where BRAC, the Base Closing shown. sions are the product of intense com- Commission, was that I think we have Who was the winner in the C–5 com- munication, diligent coordination and gone overboard to allow the public de- petition? It was the taxpayers of Amer- diplomatic negotiations of the issues to pots to even compete, because the Base ica, because there was competition. the fullest extent possible. We have ac- Closing Commission report in 1995 The taxpayers of America and the men tually been working on these issues states specifically, and I am reading and women in our military gained $190 some 9 months. We made numerous sig- from the report: million because that is the efficiency nificant concessions in order to reach Therefore, the Commission recommends that would be gained because there was an agreement. the following: Realign Kelly Air Force Base, competition. In the final analysis, the major con- including the Air Logistics Center, consoli- If you take the other competitions cessions were: date the workloads to other Department of that are left to go during the years, We agreed to the Department of De- Defense depots or to private sector commer- think of the hundreds of millions of fense request to continue free and open cial activities as is determined by the De- dollars that will be available for a bet- fense Depot Maintenance Council. public-private competitions for the ter quality of life for our men and workloads at Kelly Air Force Base, TX, ‘‘As determined by the Defense Depot women in the services, for the equip- and McClellan Air Force Base, CA, Maintenance Council.’’ By the law that ment and the technology that would with public-private partnerships. this Congress passed in adopting the protect them when they are in the We agreed to the Department of De- Base Closing Commission report in field, and that would make our secu- fense request to lower the 60–40 rule to full, the Department of Defense has rity of our shores intact. Those hun- 50–50. total discretion about whether to move dreds of millions will go for our na- We agreed to the Department of De- the depot maintenance from Kelly and tional security rather than on wasted fense request to solicit a single con- McClellan or whether to privatize it in depot space. tract for multiple workloads having place. The concept of competition The PRESIDING OFFICER. The Sen- been certified by the Secretary of De- came forward in the intervening years, ator’s 5 minutes have expired. fense. and we all believe that is fair. Why Mrs. HUTCHISON. I ask Senator And we agreed that it is critical to shouldn’t the public depots be able to GRAMM maintain a core capability at the pub- for half a minute. compete? We think that is best for the Mr. GRAMM. I yield the Senator a lic facilities with a surge capacity that taxpayers. full minute. supports our mobilization needs at a So, of course, there we were trying to Mrs. HUTCHISON. Just to end my re- moment’s notice. get a fair and level playing field so that In spite of all the concessions made marks, if you want to have the argu- the public depots could compete, so ment on fairness, I will just quote from in this agreement, the opposition be- that there could be private competition lieves this should be an all-or-nothing the junior Senator from Oklahoma who in the depots that were closed, and says in the newspaper that the require- deal. To do so, I think, would truly ne- that is what is right for this country. gate the rules of fairness and the com- ments that are in this bill put on con- It is what is right for the Department tractors new language which would petitive market, and it undermines the of Defense, and it is what the Depart- credibility of DOD’s stated financial likely keep them from wanting to bid ment of Defense wants. So we have for the work. He says contractors will priorities. It also risks the future of le- added a huge measure of support for gitimate privatization efforts by the have to include in their bids millions of the public depots to be able to com- dollars in costs that weren’t previously Department of Defense. pete. I am satisfied with the depot provi- required. ‘‘I think it’s highly unlikely In the last 2 years, I have heard sion in the conference report. The De- any contractor would want to bid on Member after Member who represents a partment of Defense is satisfied with it,’’ he said. depot State saying, ‘‘There can’t be the provision. And the provision has Madam President, that is prima facie fair competition between the public the unanimous support of the Senate evidence that they are not looking for sector and the private sector.’’ In fact, Armed Services Committee on which I a level playing field. If they will sit the first competition that was held for serve. down and work with us, we will provide The provision does not include every- part of the work that is now being done the level playing field, the winners will thing that either side really wanted, at Kelly went out for competition and, be the taxpayers of America, the win- but it is undoubtedly a fair and unbi- in fact, the bid was awarded to a public ners will be the Department of Defense, ased bill that places bidders on an depot in Georgia. In fact, the Depart- the winners will be our men and women equal footing. ment of Defense personnel say that in the military, and the winners will be I find it hard to argue against fair- they don’t think there was a level play- the secure Americans who will have ness. So, Madam President, I suggest ing field in that bid. But nevertheless, the hundreds of millions of dollars that this body finally act on the defense au- the bid was won. competition will give us in national se- thorization bill, and it has my support. Did the people of San Antonio stand curity rather than in Government Thank you very much. I yield the floor. up and whine about not getting the waste. Thank you, Madam President. The PRESIDING OFFICER. Who bid? No, they didn’t. Even though they The PRESIDING OFFICER. The Sen- yields time? were told it wasn’t fair, even though ator from Oklahoma is recognized. Mr. GRAMM. Madam President, how they were told that their bid was bet- Mr. INHOFE. Thank you, Madam much time do I have left? ter, they did not whine about it be- President. I ask how much time do we The PRESIDING OFFICER. The Sen- cause they believe that if they have a have remaining on our side? ator has 7 minutes and 5 seconds re- fair chance, they will be able to com- The PRESIDING OFFICER. The Sen- maining. pete the next time. ator has 12 minutes and 22 seconds re- Mr. GRAMM. Madam President, I Now we have a bill before us that maining. yield 5 minutes to the Senator from does not allow them to compete on a Mr. INHOFE. I yield 3 minutes to the Texas. level playing field once again. At some Senator from Utah, Senator HATCH.

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11328 CONGRESSIONAL RECORD — SENATE October 29, 1997 The PRESIDING OFFICER. The Sen- I know that I went to every one of nobody is deceived. And I am sure they ator from Utah is recognized. those meetings. It was a pressure- are not. Mr. HATCH. Madam President, I packed, difficult time. All of us were I thank the Chair. have been very interested in this de- concerned. The PRESIDING OFFICER. The Sen- bate because we went through three Frankly, the BRAC Commission did ator from Oklahoma. BRAC processes and, now, all of a sud- make the tough decisions in deter- Mr. INHOFE. Mr. President, how den, we find it turned upside down. mining which ones should survive, much time is remaining? Let me respond to the Senators from which ones should not. But for the The PRESIDING OFFICER. Eight Texas, especially Senator GRAMM. I other three to do their job, they must minutes. have always appreciated his dogged de- have this work in fair competition. I Mr. INHOFE. Mr. President, let me fense of competition. Generally, I am have every confidence that Utahns can just real quickly cover some of the right there with him. That is why I compete with anyone in a fair competi- things that have been said in the last truly regret that I must differ with tion. 10 or 15 minutes. him on his interpretation that the con- At least by leveling the playing field First of all, I do not like the way this ference report is, in his words, anti- for bidding on depot work, everyone ended up because we had to agree, in competitive. has a fair chance. May the best bidders order to bring everyone in and to have There is fair competition and there is win. And let us keep integrity in the a unanimous vote in the Senate Armed unfair competition. The conference re- process. What the Senators on the Services Committee, to allow the port proposes fair competition. other side seem to be arguing for is a President of the United States to inter- Let us look at how the conference re- system that really stacks the deck. fere and to politicize the BRAC process port differs from the privatization-in- The PRESIDING OFFICER. Who for the first time since it went in place place language initially proposed by yields time? in the round of 1989. the Clinton administration. Mr. GRAMM. Mr. President, how Second, a quote has been attributed First, the conference report requires much time does the Senator from Okla- to me that I do not think that the pri- that all the costs of operation be homa have? vate sector is going to want to bid on factored into the bids. The PRESIDING OFFICER. The Sen- this. I think that is accurate, because What honesty is there in a bid that ator from Oklahoma has 81⁄2 minutes. the private sector would have liked excludes certain costs? Well, you got Mr. GRAMM. How much time do I very much to bid if they could get that right—none. Privatization in have? free—for maybe a dollar a year—a huge place, as originally proposed, would The PRESIDING OFFICER. One have permitted certain contractors facility down in Texas or one in Cali- minute. fornia. Sure, that would be certainly to from excluding the costs of the facili- Mr. GRAMM. I would like to reserve ties themselves in Texas and in Cali- their advantage, but the taxpayers my time. would lose. fornia. Naturally, these contractors The PRESIDING OFFICER. The Sen- All we are saying is: If you want to would be able to submit artificially low ator from Oklahoma. have free and open competition, let us bids. This would be an unfair disadvan- Mr. INHOFE. I am going to reserve take all costs, direct and indirect tage to the successful depots, which the remainder of my time. The Senator costs, to the Department of Defense had already justified their existence from Texas can use his minute. through three separate BRAC proc- Mr. GRAMM. Mr. President, par- and throw them in there. esses, because excess capacity will in- liamentary inquiry. If there is a Two big costs: No. 1, the cost of the flate their hourly costs. quorum call at this point, how is that installation that would be used if pri- Second, the Base Closing and Re- time counted? vatization in place took place; and, No. alignment Commission, the BRAC, rec- The PRESIDING OFFICER. The 2, the cost of the excess capacity in the ommended the closure of Kelly and quorum call would be charged against remaining three air logistics centers, McClellan and that the work be distrib- whichever side put in the request. which the GAO said would be about uted to the three remaining depots. Mr. GRAMM. Well, Mr. President, I $468 million a year. Instead of consolidating work as will be happy to go ahead and take my Third, in terms of charges that have BRAC recommended, privatization in minute. The normal procedure would been made about competition, no one place merely masks greater ineffi- be both sides would run off their time in this Chamber is going to be able to ciency. Privatization in place may equally. I think we are the challenger stand any higher than I do on my back- sound like competition, but it is not here and should go last, but that is not ground in privatization. When I was fair competition. of any real significance. mayor of Tulsa, I privatized everything And it is not very prudent. Let me I think, Mr. President, I can sum up that wouldn’t move. ask my colleagues: How is it a cost sav- what this is about very simply. We This is different. This is our Nation’s ing if private companies are able to have 30 pages in this bill that were defense. However, this bill provides for take over the work of Kelly and written with one and only one purpose, privatization. It just says that we are McClellan under contract to the Gov- and that purpose was to derail price going to have to take all costs into ernment? I realize that this is some- competition, to prevent price competi- consideration. thing of a sleight of hand, so let me re- tion with the depots. Fourth, there is one other area in the view the concept. The people who wrote the provision bill. It is called ‘‘teaming.’’ Right now If you have a subsidiary plant that is are quoted publicly as saying that that under the current law, if this should be not working to capacity, the normal was the objective. They say in the defeated, the private sector would not business decision would be to close it newspaper that it would be virtually be able to go to the air logistics center down and redistribute the work to the impossible for a private firm to com- in Georgia or anyplace else and com- other more efficient plants, which was pete with a Government depot under pete because they are precluded from what BRAC was all about. But under their language. That is not me talking, doing so. This defense authorization the original Clinton plan, the work that is not the Senator from California bill provides for much greater oppor- would simply be bid out to others. talking. That is the proponents of this tunity for the private sector to com- There is no closure of the facility, and language and the people who help write pete. you are paying others for the work. the language. The issue that the junior Senator And, you have to ask, what in the Second, it has to strike you as funny from California brought up on privat- world is going on here? that this language only applies to com- ization in place—she was not in here The conference report language is a petition that would involve private when I covered the details in that. The compromise. Those of us referred to by companies who would choose to locate BRAC recommendations specifically the Senators from Texas and California either at Kelly or at McClellan. precluded privatization in place for the as the depot caucus are not getting The PRESIDING OFFICER. The Sen- air logistics centers. She quoted words what we wanted—which was the valida- ator’s time has expired. out of the BRAC language, but she ne- tion of the BRAC process, whatever Mr. GRAMM. We have 30 pages that glected to read the last sentence, which that may bring. are limited simply to that. So I hope I will read to you: ‘‘Move the required

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11329 equipment and any required personnel Finally, Mr. President, they keep fair compromise that was drafted by to the receiving locations.’’ talking about, ‘‘We had a deal.’’ There the members and staff of the Senate Mr. President, you, of course, are a was never any deal that was had. We Armed Services Committee after con- businessman. We have already heard have been negotiating this thing now sulting with all interested parties, in- your pitch. I agree with everything for well over a year. And we negotiated cluding the administration and the that you said. But the cost of keeping it in years prior to this. We are trying concerned delegations. It is fair to as- three air logistics centers at 50 percent now to get a defense authorization bill. sert that none of the parties involved capacity is a huge cost and has to be We have caved in. We have provided for are completely happy with this com- considered in the consideration of this. privatization in place so long as we promise language; however, that is I came to the House of Representa- take all costs into consideration. what happens when you have to com- tives in 1987. That was my first year. When it has been stated several times promise. If we all insisted on getting One of the persons I had the most re- by the distinguished senior Senator everything our way, nothing would spect for was a Congressman by the from Texas that only a small number ever be accomplished by the Congress. name of DICK ARMEY. And DICK ARMEY, or group of people are concerned about Mr. President, Senator LEVIN, the for the first time, convinced me that this, I suggest to you that this bill that ranking member of our committee, and we have a real serious problem with ex- we are talking about, this conference I worked together in a totally bipar- cess capacity. We have never been able report was passed out of the Senate tisan manner to achieve this com- to do away with it because of the polit- Armed Services Committee by a vote promise and we both agree that this ical interference of the local Congress- of 18 to zero—18 to zero. compromise enables the Department of man, of the Senators, and sometimes of A couple of nights ago—last night I Defense to conduct fair and open com- the President. guess it was—it was voted on in the petitions for the workloads currently So he set up a system called the House of Representatives. The vote was performed at Kelly and McClellan. In BRAC process. This process was to be 286 to 123. I suggest to the senior Sen- fact, the compromise language specifi- free of any political interference—any ator from California, if she is con- cally authorizes competitions for these political interference. He said, ‘‘Some- vinced that the President is going to workloads. day I’m going to regret this because veto this, we have the votes to override Mr. President, during the drafting of I’m going to have to go against my own a veto. We are not going to allow the this compromise language the Depart- State when we have to close down some President to say, ‘‘I’m vetoing a bill ment of Defense, as well as the staff of type of installation.’’ because I want to politicize the system the concerned delegations, were pro- But you know, Mr. President, it for the first time since its inception in vided numerous opportunities to re- worked. We went through, not three, as 1988.’’ view this language and identify their the senior Senator from Texas sug- So, Mr. President, I feel very strong- concerns. We made significant changes gested, but we went through four BRAC ly that we have an opportunity here to to this language in order to alleviate rounds—1989, 1991, 1993, and 1995. Dur- have a defense authorization bill that many of the concerns they raised. Mr. President, no one knows the ing these BRAC rounds, we closed over does far more than correct a problem amount of work that was put into this 100 major installations. that has been there in the depots. It compromise. We worked night and day. I suggest to you, Mr. President, that takes care of many, many needs to try The staffs worked night and day. If this we would not have been able to close to keep America strong. I agree with compromise doesn’t go through, all of one of them if it had not been for DICK the Senator from Texas when he talks those States will suffer, in my opinion. ARMEY from Texas, the Congressman about the fact that our defense has It is better for us to pass this bill. This who established the whole BRAC proc- been decimated. It has been decimated. is a very important bill. It means a lot ess. So while we talk about not having We are going to try to do something to our whole Nation, not just any one parochial interests, I can assure you about saving, in this case with this State or a few States, but all of the that I do not. In fact, I am on record in change in the air logistics centers, States. the State of Oklahoma, in 1994, in my some $468 million a year. I ask the Senate to pass this com- election to the Senate, the first time I Mr. President, there are two individ- promise and stand by what has been was elected, they used it against me, uals who are here who have not been done and reached heretofore on this because I said, ‘‘I will not use political heard from. I ask unanimous consent important matter. interference and will not try to politi- that both the chairman and the rank- I yield the floor. cize the system.’’ That was used ing minority member of the Senate The PRESIDING OFFICER. The Sen- against me. Armed Services Committee be allowed ator from Michigan. So Congressman ARMEY prevailed. As to speak for 1 minute each. Mr. LEVIN. Mr. President, I hope we a result of that, we have been able to Mr. GRAMM. Reserving the right to will move to this conference report. close a lot of excess capacity. The object. This conference report contains hun- other day he made a speech on the The PRESIDING OFFICER. The Sen- dreds of legislative provisions, thou- floor. Mr. President, I do not have the ator from Texas. sands of funding provisions which had time—I was going to read the entire Mr. GRAMM. Mr. President, of to be resolved. The issue that took us speech, but there isn’t time remaining course, I will not object. I would like to the longest to resolve was the dif- to do that. But I will just read one suggest that they have an opportunity ference about depot maintenance work paragraph out of it. This is Congress- to speak for more than 1 minute. I at the closed air logistic centers at man DICK ARMEY from the State of amend the request to ask unanimous Kelly and McClellan. Probably the last Texas: consent that each of them be given 5 month was taken up trying to resolve We had three rounds in base closing, and minutes. that issue. No agreement was ever we are all very proud of the process because The PRESIDING OFFICER. Is there reached. politics never intruded into the process. objection to the underlying request as So we, the members of the com- That ended in round four. And all of my col- amended? mittee, had to do the best that we leagues knew at the time, and we know now, Without objection, it is so ordered. could to try to reach a fair and a just that the special conditions for McClellan and The chairman and the ranking member conclusion that would not tilt this to- Kelly, California and my own State of Texas, are each permitted now to speak for up ward either direction. That is what we where you might think I have a parochial in- terest, were in a political intervention. to 5 minutes. attempted to do. We talk about this being privatization. No, Who yields time? Otherwise, we would give up on get- it is not. It is a new concept. It is privatiza- Mr. THURMOND. Mr. President, I ting a defense authorization bill to the tion in place, created specifically for these will not take 5 minutes. floor and we were not willing to give up two bases in an election year for no purpose Mr. President, I would just like to that. There are too many issues at other than politics. take a few moments to address the out- stake in this bill that are important to That is a quote from Texas Congress- come of what was the single most con- this country not to bring this bill to man DICK ARMEY, the founder of this troversial issue in the conference— the floor and not to bring the con- system. depot maintenance. The bill contains a ference report to the floor.

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11330 CONGRESSIONAL RECORD — SENATE October 29, 1997 We know there are very strong feel- administration, about every single pro- of rules which are necessarily different, in ings on both sides of the depot issue, posal that was put on the table. It went some cases, for public and private entities. and it is understandable. To ever deni- on for months. But the bottom line is We anticipate that these rules will be modi- grate the strength of any Members’ that sooner or later those of us who fied for the purposes of public-private com- petitions under this provision to make them feeling about regulating the interests were not involved in this struggle had as close as possible. of their State—I think all of us have to to reach a conclusion as to what would Fifth, the solicitation must permit any of- accept that feelings are very strong on be a fair and just competition. We be- feror, whether public or private, to team this issue. Representatives of some lieve we achieved that, and that the with any other public or private entity to States felt that the President had ig- Defense Department can make it work perform the workload at one or more loca- nored the spirit of the base closure to achieve a fair and open competition. tions. It is our expectation that such process by pursuing a policy of privat- I say that after many consultations teaming will ensure the best possible result ization in place at Kelly and McClel- between my staff and myself and the for the Department and the taxpayers. While a decision by the Air Force to prohibit any lan. Others felt equally strongly that Defense Department. I support this teaming arrangement between an Air Logis- the work should remain at the closed compromise because I believe it will tics Center and a private sector entity would depots. lead to a fair and open competition be inconsistent with this provision, the Air I will state candidly that I disagreed that is the only answer to this dispute. Force retains discretion to determine wheth- with the assertion of the depot caucus Keeping this dispute going and going er a particular teaming proposal is in the that the Base Closure Commission pro- and going is not going to resolve this best interest of the Department of Defense hibited privatization in place at Kelly dispute. We learned that from months and the taxpayers. We expect the Air Force and McClellan. The 1995 Base Closure of fruitless effort. to establish substantive and procedural guidelines for the review and approval of pro- Commission left it up to the Depart- EXHIBIT 1 posed teaming agreements as a part of the ment of Defense to decide how to dis- KEY ELEMENTS OF THE FAIR COMPETITION competition plan and procedures required by tribute the Kelly and McClellan work. PROVISION this section. The Commission’s recommendation di- Section 359 of the bill requires the use of Sixth, no offeror may be given any pref- rected the Department of Defense to competitive procedures in contracting for erential consideration for, or in any way be ‘‘Consolidate the workloads to other performance of depot-level maintenance and limited to, performing the workload at the DOD depots or to private sector com- repair workloads formerly performed at closed or realigned facility or at any other mercial activities as determined by the closed or realigned military installations. specific location. This provision guarantees This provision includes a number of require- a level playing field for public-private com- Defense Depot Maintenance Council.’’ petition, without any preference for either That ‘‘or’’ is a critical ‘‘or’’ in the ments and conditions to ensure that any such competition is conducted on a level Kelly and McClellan or the depots that re- BRAC report. playing field. main open. The Department would be ex- I also disagreed with the legislation First, the source selection process must pected to consider real differences among proposed in the depot caucus and in- permit both public and private offerors to bidders in cost or performance risk associ- cluded in the House bill which would submit bids. It goes without saying that ated with relevant factors, including the pro- have prohibited the department from these bids must be considered on the merits posed location or locations of the workloads. privatizing in place until the three re- by the source selection authority. The weight given to such differences would maining Air Force depots were oper- Second, the source selection process must not be considered ‘‘preferential treatment’’. take into account the fair market value (or Seventh, the provision would authorize the ating at 80 percent of capacity—in ef- bundling of unrelated workloads into one fect, prohibiting the Air Force from book value) of any land, plant, or equipment at a closed or realigned military installation contract only if the Secretary of Defense de- keeping any of the work at California that is proposed to be used by the private of- termines in writing that individual work- or Texas. I voted against that proposal feror in the performance of the workload. loads cannot as logically and economically in our committee and I voted against it This provision is intended to ensure that be performed under separate contracts. This in conference because it was one-sided closed military installations are not given provision permits the Secretary to bundle and unfair. Had that provision been in- an unfair competitive advantage as a result workloads together only if he determines cluded in this bill, I would have strong- of facilities provided to them free of charge that such bundling will result in the most fa- by the federal government (under the base vorable bids from public and private sector ly opposed the conference report. offerors. We do not expect the Secretary to Mr. President, that provision is not closure laws, we generally give closed facili- ties to the local communities without bundle workloads together if the result in the conference report. But what we charge). Although this provision does not ad- would be to substantially reduce competition have instead are provisions aimed at dress the value of facilities available to the or eliminate qualified offerors who might providing a level playing field for com- depots that remain open (or other private otherwise be able to submit advantageous of- petition between the closed depots and sector facilities), it does not preclude the De- fers. the depots that remain open. I have al- partment from giving appropriate consider- The PRESIDING OFFICER. The ways believed that competition results ation to the value of those facilities as well. question is on agreeing to the motion in the best value to the Department of Third, the source selection process must to table the motion to postpone. The Defense and to the taxpayers, and I be- take into account the total direct and indi- yeas and nays have been previously or- rect costs that will be incurred by the De- lieve that is the right answer to the partment of Defense and the total direct and dered. depot dispute. indirect savings that will be derived by the The clerk will call the roll. The conference language includes Department of Defense. Such savings would The legislative clerk called the roll. seven specific criteria to help ensure include overhead savings that might result Mr. NICKLES. I announce that the that the Air Force does not unfairly from the consolidation of workloads to the Senator from Indiana [Mr. COATS] is tilt the playing field. remaining public depot activities. The De- necessarily absent. I ask unanimous consent a brief sum- partment of Defense and the Air Force Mr. FORD. I announce that the Sen- should establish the ground rules for evalu- mary of these seven criteria for a fair ator from Maryland [Ms. MIKULSKI] is ating these savings and for considering any competition be printed in the RECORD other indirect costs or savings that may be necessarily absent. following my statement. associated with performance of the work by The PRESIDING OFFICER [Mr. The PRESIDING OFFICER. Without various offerors as a part of the competition INHOFE]. Are there any other Senators objection, it is so ordered. plan and procedures required by this section. in the Chamber desiring to vote? (See exhibit 1.) Fourth, the cost standards used to deter- The result was announced—yeas 78, Mr. LEVIN. These requirements were mine the depreciation of facilities and equip- nays 20, as follows: ment shall provide identical treatment, to written by Members and staff who are [Rollcall Vote No. 285 Leg.] neutral in the fight between the closed the maximum extent practicable, to all pub- YEAS—78 bases and the remaining air logistic lic and private offerors. Such standards centers. Our sole objective was to en- shall, at a minimum, include identical depre- Abraham Brownback Conrad ciation periods for public and private Akaka Bumpers Coverdell sure a fair competition, and each of offerors. The qualification ‘‘to the maximum Allard Burns Craig these requirements was included for extent practicable’’ was added at the request Ashcroft Chafee D’Amato that purpose. Baucus Cleland Daschle of the Department of Defense, which argued Bennett Cochran DeWine We had complaints from both sides of that the evaluation of depreciation requires Bingaman Collins Dodd the issue from the Congress, from the the application of an extremely complex set

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11331 Domenici Inhofe Nickles Members on Thursday about what time at least have a vote on the substance of Dorgan Inouye Reed Durbin Johnson Robb these cloture votes will occur. campaign finance reform. Enzi Kempthorne Roberts Did the Senator wish to comment? Second, it seems to me that we can- Faircloth Kennedy Roth Mr. DASCHLE. Mr. President, for the not leave town without having done Feingold Kerry Santorum purposes of scheduling, could I inquire Ford Kyl Sarbanes something on a highway reauthoriza- Frist Landrieu Sessions of the majority leader, is this the last tion bill. I know there are some who Glenn Lautenberg Shelby vote anticipated tonight, given the say we brought a highway bill to the Gorton Levin Smith (NH) schedule? floor of the Senate and we had plenty Graham Lieberman Smith (OR) Mr. LOTT. I believe that would be Grassley Lott Snowe of opportunity and now we had to pull Gregg Lugar Specter the last vote tonight, given the sched- it, but I want to make the point the Hagel Mack Stevens ule. bill that was brought to the floor of the Harkin McCain Thomas We have some other matters we are Hatch McConnell Thompson Senate was brought here under proce- Helms Moseley-Braun Thurmond working on on the Executive Calendar dures designed to block legislation, not Hollings Murkowski Warner that may require some recorded votes. pass legislation. And we have a respon- Hutchinson Murray Wyden But in view of some other meetings sibility, whether it is a 6-month bill or NAYS—20 that are occurring, we will have to a 6-year bill, we have a responsibility Biden Feinstein Leahy schedule those. We will try to schedule to address the issue of highway con- Bond Gramm Moynihan them early in the morning. I will con- struction and the highway reauthoriza- Boxer Grams Reid sult further with you on that. tion bill. So my hope is that through Breaux Hutchison Rockefeller Mr. President, I now withdraw the Bryan Jeffords Torricelli negotiation the leaders of the Demo- Byrd Kerrey Wellstone motion. crats and the Republicans here in the Campbell Kohl Mr. FORD. Mr. President, may we Senate can deal with both of these NOT VOTING—2 have order? issues in a thoughtful way. What was the motion? Coats Mikulski But I did want to make the point The PRESIDING OFFICER. The mo- The motion to lay on the table the that we also are probably going to deal tion was to withdraw the motion to with the issue called fast-track trade motion to postpone was agreed to. proceed. Mr. THURMOND. Mr. President, I authority in the coming week or so. To Is there objection? Without objec- the extent we do that, I want Members move to reconsider the vote by which tion, it is so ordered. the motion was agreed to. of the Senate to understand this will Mr. NICKLES. I move to lay that mo- f not be an easy issue. There are a num- tion on the table. MORNING BUSINESS ber of us here in the Senate who feel very strongly about the issue of trade. The motion to lay on the table was Mr. LOTT. Mr. President, I ask that It is not a circumstance where we be- agreed to. there be a period for the transaction of lieve that our country should put walls Mr. LOTT addressed the Chair. morning business until 5:30 p.m. this around the country and prevent im- The PRESIDING OFFICER. The ma- evening with Senators permitted to ports from coming in, or that we jority leader. speak for up to 10 minutes each. should ignore the fact that we now live Mr. LOTT. Mr. President, it appears The PRESIDING OFFICER. Without in a global economy or that we should that the Senator from Texas, Senator objection, it is so ordered. GRAMM, is not prepared at this time to Mr. BURNS. I suggest the absence of decide, somehow, that trade is not part give agreement on the DOD authoriza- a quorum. of our economic well-being, it is unim- tion conference report. The PRESIDING OFFICER (Mr. portant—that is not the case at all. Trade is very important. It is a criti- In an effort to try to resolve the FAIRCLOTH). The clerk will call the depot issue, it seems to me that having roll. cally important component of this endless motions to postpone consider- The bill clerk proceeded to call the country’s ability to grow and to pros- ation of the conference report is not roll. per. But the right kind of trade is im- constructive at this time. Mr. DORGAN. Mr. President, I ask portant, not the wrong kind of trade. CLOTURE MOTION unanimous consent that the order for The wrong kind of international Mr. LOTT. Having said that, I now the quorum call be rescinded. trade in this country is trade that re- send a cloture motion to the desk. The PRESIDING OFFICER. Without sults in ever-increasing, choking trade The PRESIDING OFFICER. The clo- objection, it is so ordered. deficits, because those deficits, now to- ture motion having been presented Mr. DORGAN. Mr. President, is the taling nearly $2 trillion, trade deficits under rule XXII, the Chair directs the Senate now in morning business? which in this last year were the largest clerk to read the motion. The PRESIDING OFFICER. The Sen- merchandise trade deficits in the his- The legislative clerk read as follows: ate is in morning business. tory of this country—in fact, that was CLOTURE MOTION Mr. DORGAN. I ask consent to be al- true for the last 3 years and will be We, the undersigned Senators, in accord- lowed to speak for as much time as I true at the end of this coming year— ance with the provisions of rule XXII of the consume. the largest merchandise trade deficits Standing Rules of the Senate, do hereby The PRESIDING OFFICER. Without in this country. To the extent that is move to bring to a close debate on the mo- objection, it is so ordered. the kind of trade we are involved in, tion to proceed to the conference report to trade that is not reciprocal, trade that f accompany H.R. 1119, the National Defense is not two-way trade that is fair, trade Authorization Act: UNFINISHED BUSINESS that substantially increases our defi- Trent Lott, Strom Thurmond, Wayne cits and takes American jobs and Allard, Pat Roberts, Judd Gregg, Rob- Mr. DORGAN. Mr. President, I know ert F. Bennett, Rod Grams, Spencer that there is some business that the moves them abroad and overseas—that Abraham, Don Nickles, John Ashcroft, majority leader will take up in a few is not trade that is beneficial to our Rick Santorum, Tim Hutchinson, Paul moments. When he desires the floor I country. Many of us feel it is time for Coverdell, Bob Smith, James Inhofe, certainly will yield to him. But I want- us to have a debate on the floor of the Chuck Hagel, and John Warner. ed to take this moment to describe a Senate about what is fair and what is Mr. LOTT. Mr. President, this clo- couple of the things that I think we unfair trade. ture vote, for the information of all still need to do, unfinished items, be- I have said many times that it is Senators, will occur on Friday. If clo- fore the Senate leaves following this very difficult to have a discussion ture is not invoked on Senator COVER- first session of this Congress. Among about trade. A discussion about inter- DELL’s A-plus education savings ac- those is the issue of campaign finance national trade quickly moves into a count bill, all Senators will be notified reform, which we have been debating thoughtless ranting by those who say as to the time of the cloture votes, and back and forth here for some long there is only one credible view on trade we will discuss that with the Demo- while. There is not any reason, in my and that is the view of free trade. You cratic leader to be able to inform the judgment, that we cannot take up and are either for free trade or you are

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11332 CONGRESSIONAL RECORD — SENATE October 29, 1997 somebody who doesn’t quite under- nology and the transfer of missile tech- with Mexico. And before we run off and stand. You are an xenophobic isola- nology to renegade and rogue nations. negotiate new trade agreements in se- tionist who wants to build walls Yes, we ought to talk to them about cret, behind closed doors, let’s fix some around America—you are either that that. But we also ought to talk to them of the trade problems that now exist. or you are a free trader. I happen to be- about this huge growing trade deficit. Senator HELMS yesterday reminded lieve expanded trade, in the form of I hope very much that when Presi- me of an old quote that Will Rogers fair trade, makes sense for this coun- dent Clinton visits with President made that I had read many years ago. try, so I am someone who believes that Jiang Zemin, he will describe to him a He said, ‘‘The United States has never we benefit from reciprocal trade with trade relationship mutually beneficial, lost a war and never won a treaty.’’ other countries, that trade with other and it is not one where one side has a That is certainly true with trade. countries can be mutually beneficial. huge imbalance, in this case China, and Recently, we were asked to provide But I also believe it hurts our country in which case the United States has a fast-track trade authority so that a when we have trade circumstances that huge and growing deficit, which means, trade agreement called NAFTA could exist when we trade with another coun- in the final analysis, that jobs that ex- be reached with Canada and Mexico. So try and they ship all their goods to our isted for Americans are now moving the Congress dutifully complied. The marketplace and then we discover what overseas. That is what is at the root of Congress passed what is called fast- we produce, our workers and our busi- this trade imbalance. Jobs that used to track authority which says, you go nesses, can’t get our goods into their be U.S. jobs, jobs held by U.S. citizens, ahead, you negotiate a new trade marketplace. That is not fair, yet that jobs to help maintain U.S. families are agreement with a foreign country, you goes on all across the world. now jobs that are gone. can do it in secret, you can do it with- I notice today the President of China The same is true with Japan. I hap- out coming back and advising us what has arrived in our country. Our coun- pen to be talking about China just be- you are doing; bring it back, and you try welcomes him. We hope we will cause the Chinese leader is in town come to the Senate and House and it have a mutually productive relation- today. But Japan, we have a growing must be considered with no amend- ship with China. I am concerned about trade deficit with Japan. As far as the ments because no amendments will be a number of things that I see hap- eye can see, it has been $50 billion, $60 allowed. That is what fast track is. pening in China—yes, human rights. I billion a year. This year, it is expected Fast track through the Senate says was in China about a year ago today, to be up 20 or 25 percent, probably that nobody will be allowed to offer an when a young man was sentenced to reaching a $60 billion, $65 billion trade amendment; no amendments at all. prison, I believe for 11 years, for criti- deficit with Japan once again this So NAFTA was negotiated. They ran cizing his government. So I think there year. off and negotiated NAFTA, brought it are serious human rights questions in Are there people walking around here back, and ran it through the Congress. China. But also, in addition to the saying this is an urgent problem, this I didn’t vote for it, but the Congress human rights issues in China, the Chi- is trouble? No, they don’t. They say, passed it. When NAFTA was nego- nese leader comes to our country at a ‘‘Gee, this is just free trade. So what if tiated, we had an $11 billion trade def- time when they have, with us, a trade we have a huge trade deficit.’’ In fact, icit with Canada. Then they negotiated imbalance of nearly $40 to $50 billion. one person wrote an article in the NAFTA, which includes Canada, and Last year it was $40 billion and it is Washington Post recently and said the trade deficit doubled. now heading to $50 billion. those folks who talk about the trade When NAFTA was negotiated with So we have a Chinese Government deficit being troublesome for our coun- Mexico, we had a $2 billion trade sur- and a Chinese economy that ships mas- try don’t understand it. He said, plus with Mexico. They negotiate sive quantities of Chinese goods to our ‘‘Think of it this way: If someone of- NAFTA and the $2 billion trade surplus country. But when it comes time to fered to sell you $10,000 worth of pears evaporated to a $15 billion trade def- buy from our country, things which for $5,000 worth of apples, you would icit. China needs—wheat, airplanes and jump at it.’’ That is progress? Where I come from more—they say, ‘‘Well, we want to ship That is a simple and irrelevant exam- it is not called progress. Yet, we are Chinese goods to your country, but we ple, one I suppose meant to inform told now, again, we need to have fast- want to look elsewhere for products; those of us from other parts of the track trade authority. we want to go price shopping for a country who don’t quite get it. Perhaps I come from a State that borders week with Canada and with Ven- there is a way to study economics or Canada. I just want to tell you that ezuela.’’ perhaps there is a school that teaches today thousands of trucks come across So while we used to be the major economics that will tell those people the border from Canada hauling Cana- wheat supplier to China, we were dis- who think that way and write that way dian durum and Canadian wheat, sold placed as the major wheat supplier that trade deficits represent an export into this country by a state trade en- even as they were running up huge of part of your wealth. Trade deficits terprise, by a monopoly called the Ca- trade surpluses with us or us being in will and must be repaid with a lower nadian Wheat Board. It is a monopoly the position of having huge trade defi- standard of living in this country’s fu- that would not be allowed to sell grain cits with them. ture. Trade deficits are trouble for this in this country. It would be illegal. It Airplanes. China has obviously the country’s economy. sells its grain at secret prices. Yet, it largest population on Earth, and they People say to me, ‘‘Well, if that’s ships through our backyard enormous need a lot of airplanes. They don’t true, if trade deficits are troublesome, quantities of Canadian grain, undercut- manufacture large airplanes. They why do we have an economy that seems ting our farmers’ interests, undercut- need to buy airplanes. So, since they so strong?’’ You can have an appear- ting our income in our State by $220 ship so many of their products to our ance of strength. You can live next to million a year, according to a study at country for consumption, you expect a neighbor that has a brand new Cad- North Dakota State University, and they would come to us and buy our air- illac in the driveway, a brand new the fact is, we can’t get it stopped. planes. home and all the newest toys without It is patently unfair trade, and we They come to our country and say, understanding, of course, that it is all can’t get it stopped because all these ‘‘We need airplanes, but we’ll buy your debt financed and that person is about trade agreements that they have con- airplanes if you manufacture the air- 2 weeks away from serious financial cocted over the years have pulled out planes in China.’’ That’s not the way trouble. the teeth of enforcement of trade trea- trade works. That’s not a mutually So our trade deficit matters, and we ties in a meaningful way, and so now beneficial relationship, and that’s the must do something about it. we can’t chew and we are complaining thing that I think we ought to be talk- The point I make about fast track, there are no teeth. ing to the Chinese leader about. which is the trade authority the Presi- I understand what has happened here. Yes, we ought to talk about a whole dent is going to seek, is this: We have What has happened here is we have range of other issues—human rights, massive trade problems, yes, with concocted bad trade strategy, bad trade the transfer of sensitive nuclear tech- Japan, with China, yes, with Canada, agreements and bad enforcement of the

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11333 agreements that did exist. It is time this country in the right direction, we out of necessity but not the way that it for us to decide we must insist our will be here demanding that kind of ag- ought to be done to be responsible. country stand up for its own economic gressive debate. I ask my colleagues to take a look at interest. Yes, its economic interest is What does our trade strategy now the human result of schools opening in part served by expanding world produce and what kind of trade strat- late and then closing again. trade. We are a leader. We ought to egy would represent better economic I ask you to take a look at this. This lead in world trade. We ought not close interest for this country? Not protec- came from the Washington Post. I will our borders. I don’t sound like Smoot. tionism, but an interest of expanding read it to you. The sign says, ‘‘Why I don’t look like Hawley. So those the American economy and expanding should students suffer? For adult in- thoughtless people who say, ‘‘Well, if American opportunities as we move competence.’’ you don’t chant ‘free trade’ like a ahead. Those adults are us. We are the ones robot on a street corner, we will call So let me conclude—I know my col- that have the primary responsibility you Smoot-Hawley’’—that is the most league has things that he wants to say for the city. We took it back. We took thoughtless stuff I ever heard, but it on education issues—and let me once home rule away basically. goes on all the time. again indicate that I hope very much This student is from a senior high I am not someone who believes we that prior to getting to fast track, school and holds a sign. These students should shut off the flow of imports and which I expect will probably happen were all forced out of their school and exports, but I do believe we ought to the end of this week or the first part of forced to be trucked, bused, whatever stand up to the interests of the Chi- next week, that we can also address the else, to some other place to be able to nese, Japanese and, yes, the Mexicans issue of campaign finance reform with receive education until such time as and Canadians, and other trading part- a real vote, and we can also extend the that school is fixed. All this student ners and tell them it is time for recip- highway reauthorization bill. wants to do is to go to class and start rocal and fair trade treatment. If we Mr. President, let me thank the Sen- paving the way for her future. Who are let your goods into our marketplace— ator from Vermont for his patience and the adults that this poster refers to? and we should and will—then you have thank him for the wonderful work he They are us. We cannot deny that. I a responsibility to open your markets does on education. hope we begin to understand that. to American goods. Mr. JEFFORDS addressed the Chair. Times have changed. We took back If we say to our people, ‘‘You can’t The PRESIDING OFFICER. The home rule basically. pollute our streams and air when you Chair recognizes the Senator from Why is the city in this mess? Why produce,’’ then foreign producers who Vermont. can’t they get the revenue stream they want to ship to our country ought not Mr. JEFFORDS. I thank my good need to bond so that they can respon- be able to pollute their rivers and friend from North Dakota for his re- sibly repair these schools on some sort streams on Earth through that same marks. of a schedule, to get them all done so production. If we say that it is not fair The subject I will talk about I know they can be done when the school year to hire 14-year-old kids and work them the Presiding Officer does not need to opens, and to do it not in a piecemeal 14 hours a day and pay them 14 cents hear. He is well aware of what I am fashion as the Appropriations Com- an hour, then we ought to say to them talking about and I know agrees with mittee has been forced to do by having that we don’t want your goods if you me that we have to take action. emergencies to appropriate money to are employing 14-year-old kids and f do this? working them 14 hours a day. We don’t We have to have a plan. If somebody want producers to pole vault over all CONGRESS IS RESPONSIBLE FOR else has a plan to do it, fine. But we those debates we had all these years THE SCHOOLS cannot let this situation go on where about worker safety, about child labor, Mr. JEFFORDS. Mr. President, I rise year after year we are going to be about minimum wage, about air pollu- today to bring to the attention of the doing this, shutting the schools down tion and water pollution. We don’t Senate the tragic situation we have and trying to find ways to open them. want that to be represented as fair going on right now in the school sys- We created this problem. This is an- trade because it is not if producers find tem of the Nation’s Capital. other important thing to remember. the lowest cost production in the Nearly every day for the past month In 1974, when we gave home rule to world, locate their plants there and an article has appeared in the Wash- Washington, DC, a very, very astute produce their products in those cir- ington papers portraying the State of Member of the Virginia delegation—I cumstances avoiding all of the prob- emergency and dysfunction in the Dis- commend him for his foresight because lems that exist for them in having to trict of Columbia’s public school sys- Lord knows what would have happened comply with what we know now are tem—the shutting down of schools. if they had all this additional money to commonsense proposals: child labor Here are some of the facts: spend with what they did have—but he proposals, minimum wage, environ- For the fourth year in a row the got legislation passed which said that mental proposals and others. That is schools in this city have opened late by you can’t tax the nonresidents that are what this is all about. at least 2 weeks. This year they are working in your city. This is the only My only concern is this: I want us to continuing to be closed by the fact that city in the country under this situa- have a fast track trade debate in which there are repairs that are essential and tion that does not have that authority. we are able to offer amendments, able necessary to be made. Sure, the District could levy an in- to have a lengthy and thoughtful dis- The reason they have opened late is come tax on its own residents, but due cussion about our trade policies and because of an infrastructure emer- to the inability to tax the non- able to have an opportunity back and gency—repairs and renovations. These residents, and especially because of the forth in this Chamber to describe what needs are estimated by the GSA to be situation in the city—the workers were kind of trade policies will best advance about $2 billion. And this is almost all fleeing out of town; crime was the No. this country’s economic interests. for code violations. It has nothing to 1 issue; schools second—people were If and when the legislation comes to do with their acceptability from edu- leaving in droves. A lousy educational the floor of the Senate, and we will cational function purposes. system, a lousy police system, and so begin with a motion to proceed at some The Congress of the United States is we went from about 50 percent of the point, when that happens, some of us responsible for the schools of the Na- workers being residents down to about will be on the floor of the Senate in- tion’s Capital, the students who depend 30 percent. As money drained from the sisting that we have a full, a fair and a on these schools, and the repairs these District, crime went up, as I said, and thoughtful debate about this country’s schools need. the school system deteriorated causing trade policy. At least those of us, in- What are we doing about this? the well-known national phenomenon cluding myself, who believe very I, for one, am ashamed of the way we known as ‘‘urban flight.’’ strongly that a trade policy that pro- have not done anything that is respon- But the urban and middle class popu- duces the largest trade deficit in the sible to this point, other than what the lation stayed close to the District of history of this country is not moving Appropriations Committee has done Columbia in the suburbs because it is

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11334 CONGRESSIONAL RECORD — SENATE October 29, 1997 the crown jewel of this metropolitan to be able to raise enough money on and training, to create a reasonable region. Being the Nation’s Capital, the the bonding to fix the schools? partnership dedicated to fix the 50,000 District provides the jobs, the tourism, Why shouldn’t the people that ben- jobs that are out in this area that are the prestige and therefore high-earning efit from the jobs in this city take part going begging because the region does capacity to an enormously affluent in helping the city, like those bene- not provide the necessary skills for population residing in the surrounding fiting in every other city under these them to take these jobs. Virginia and Maryland counties. similar circumstances do? If we go up to 3 percent we can pro- But like a tiger with no teeth, the We have on our shoulders the burden vide a revenue stream for the District District, under current law, has no of these schools. The average District to help them float municipal bonds or ability to levy any fair recompense of Columbia public school facility is 65 to provide money to improve their edu- from those who benefit daily from its years old. We have also taken on our cational system. I know the Presiding services, its roads, and all else, and, shoulders the fact that 48 more roofs Officer from North Carolina had spec- namely, their jobs. need to be replaced. That is in addition tacular results in taking care of re- Let me point out, every other city in to all of those that have been replaced gions, and providing the educational an interstate circumstance like D.C. up to now. We have taken on ourselves skill and training in regions, and I does have the ability to gain revenues the burden that 72 of the school boilers know this will work here if we have the from nonresident workers to support need to be replaced. We are heading funding to do it. the maintenance of their schools, and into winter right now and already they The bill represents a novel and equi- whatever else. are blowing up or failing. So we will table approach. The taxpayer suffers no In the absence of such a dedicated see these boilers starting to blow up economic detriment. The taxpayer’s revenue stream, Congress has tried to more on the days ahead. The colder it community in the Washington metro- keep the city afloat through the an- gets the more they will be going, and politan area will receive substantial nual appropriations process. But in we will get more articles in the Wash- additional education training benefit. some ways that is like giving a man ington Post and more condemnation Workers for the thousands of available dying of thirst a drop or two of water for our failure to act. jobs will be provided new business every year. Eventually, the biological The control board has tried to meet which will be attractive and substan- systems just give out from the stress of the demands. Under the direction of tial new tax revenues will be raised. such bare-bones maintenance. And that Gen. Julius Becton, 61 school roofs This is a win-win win-win. is what has happened to the school sys- have been repaired or replaced since In this process, Congress will live up tem here. It is in the process of giving January 1997 but that is all from emer- to its responsibility to meet that $2 bil- gency money from the Appropriations out. lion challenge through the simple act Committee—not a sound way to do it. Listen to the beginning of the article of giving the District of Columbia the Over the past 2 years, $86 million has from yesterday’s Washington Post. ability to act like any other city in a been appropriated for such repairs. similar interstate situation. By giving District schoolchildren lined up somberly Also, I have been able to raise a similar in the cold mist early yesterday outside amount by being able to find things up our responsibility we will not have Emery Elementary School in Northeast to bear the shame of knowing that Washington, waiting to be taken to make- that were going to raise money within the city like the privatization of Sallie those adults the marching students re- shift classes at a nearby school and a neigh- ferred to, ‘‘Why should students suf- boring church. Their school was one of five Mae and Connie Lee, so we have put a closed late last week. . . lot of money into fixing these schools fer—for adult incompetence,’’ that we up, but to do it piecemeal one or two would no longer be placed in a position This is dated October 28th, so this is of having to respond to that. well after school should have begun. schools at a time—it will be 40 years before we are done at that rate. The I thank my colleagues. I urge them where asbestos is being removed during boil- in joining me to make the issue of our er repairs. District needs a dedicated revenue stream to be able to bond to meet the Nation’s Capital school system a top That is what has been going on. We priority for us. just cannot blind ourselves to it. And I $2 billion challenge. We need that stream to responsibly meet our respon- I ask unanimous consent the com- know when you talk about D.C., most plete Washington Post article from everybody and Members just say, sibilities. I have a plan to do that. If someone yesterday be printed in the RECORD. ‘‘Well, that’s not our problem.’’ But it else has a better plan, fine, bring it for- There being no objection, the mate- is. That is the message I want to give ward, let’s take a look at it, but let us rial was ordered to be printed in the them today. not fail to meet our responsibilities. RECORD, as follows: In 1995, Congress created the Control My proposal to meet this challenge is [The Washington Post, Oct. 28, 1997] Board and later the Emergency School laid out in the legislation S. 1070, BATTLE OVER BOILERS LEAVES D.C. STUDENTS Board of Trustees thereby taking back which proposes a nonresident income OUT IN COLD most of the authority over the manage- tax to provide that dedicated revenue CHILDREN BUSED TO OTHER SITES AS JUDGE ment and delivery of education which stream to fix the schools, to provide KEEPS SCHOOLS CLOSED the Senate previously had. And we that $2 billion. Incidentally, I want to (By Debbi Wilgoren) therefore took over the responsibility reassure, and I don’t know how many District schoolchildren lined up somberly of the schools of this city. This Emer- of my colleagues listen to us when we in the cold mist early yesterday outside gency School Board of Trustees deals are here, but I know a number of our Emery Elementary School in Northeast specifically with the school infrastruc- staff do because they called up in a Washington, waiting to be taken to make- ture problem. panic thinking they would have to pay shift classes at a nearby school and a neigh- Earlier, the Control Board asked more taxes. I want to reassure them boring church. Their school was one of five GSA to estimate the need, and outline closed late last week because a D.C. judge that that is not the case because al- didn’t want students in school buildings a plan for repair and renovation. And ready in the law they are required to the report came out in September of where asbestos is being removed during boil- allow people to take that as a tax cred- er repairs. 1995, showing a $2 billion sum, mostly it for either the Virginia or Maryland But boiler repairs haven’t started yet at for code violations, in order to make taxes they pay, so no one is going to Emery, school officials said yesterday. And the schools physically safe for the chil- pay any more taxes. That will all be asbestos removal for boiler work was fin- dren to be in. able to be taken as a credit against the ished Friday in two of the other closed The thought of appropriating $2 bil- taxes of Maryland and Virginia. schools, Langdon Elementary in Northeast lion from the Congress, to do this in an For all of those hard-working resi- Washington and Whittier Elementary in orderly fashion, is of course impossible dents of northern Virginia and south- Northwest Washington. to think of. And why should they when D.C. Superior Court Judge Kaye K. Chris- ern Maryland I say you will not have a tian probably doesn’t know there is no dan- all they have to have is the power that difference in your tax. I want to em- gerous work going on at those three closed any other city, under the cir- phasize that. schools because—after learning last week cumstances, has to take really a 1 per- My proposal is also to take a reason- that some asbestos removal had begun with- cent tax on the nonresidents in order able approach to the issue of education out her permission—she refused to let school

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11335 system witnesses testify about boiler re- cials note. Unless the work is done, young- consent the Senate proceed to the con- pairs. sters in many classrooms will continue to be sideration of House Concurrent Resolu- The D.C. Court of Appeals rejected a Dis- dependent on temporary heat or end up tak- tion 167. trict request yesterday to overturn Chris- ing tests in coats and mittens. The school The PRESIDING OFFICER. The tian’s order closing the schools. The court system has secured $40 million to begin re- said it would first give Christian a chance to placing 47 of the boilers and had hoped to do clerk will report. rule on a similar request that the city made the work this fiscal year. The assistant legislative clerk read over the weekend. Each project begins by unwrapping mate- as follows: In the meantime, about 4,300 students—in- rial that may contain asbestos from around A concurrent resolution (H. Con. Res. 167) cluding 1,800 from two other schools that the pipes of the old boiler—the procedure to correct a technical error in the enroll- have been closed for a month because of roof that concerned Christian the most last week. ment of H.R. 2160. repairs—are displaced without proper books, But the project manager that Christian The PRESIDING OFFICER. Is there supplies or equipment. wouldn’t let testify said in an affidavit filed ‘‘What we see happening is the egos and over the weekend that in accordance with objection to the immediate consider- emotions of adults penalizing and punishing the law and environmental regulations, ex- ation of the concurrent resolution? the children,’’ said Roger Glass, PTA presi- treme precautions are taken that would pre- There being no objection, the Senate dent at Whittier, where no boiler work was vent the asbestos from endangering students proceeded to consider the concurrent underway yesterday and where school offi- or staff members at a school. cials say asbestos removal was completed resolution. The boiler room, in school basements, is last week. Mr. COCHRAN. Mr. President, this ‘‘I don’t know how else to explain it,’’ sealed off with a special fabric, approved by concurrent resolution was adopted by Glass said. ‘‘I understand that the judge is the Environmental Protection Agency, that the House with the passage of the rule does not allow air and asbestos to penetrate, the judge, and she has all the authority. But for the consideration of the conference just because she has the right to do some- said Narase Bob Oudit, senior project man- ager for the school system. An EPA-certified report to accompany H.R. 2160, the Fis- thing doesn’t mean that it is the right thing cal Year 1998 Agriculture, Rural Devel- to do.’’ company monitors the air outside the area The boiler standoff between Christian and and is required to shut down the project if opment, and Related Agencies Appro- the school Chief Executive Julius W. Becton, any asbestos is detected. priations Act. Jr. is the latest in a series of clashes that Oudit said he had monitored similar It makes a technical correction in began shortly after Becton was appointed in projects for 11 years and had never seen a the conference report. Specifically, it November to overhaul the troubled D.C. pub- case in which asbestos leaked out if the cor- inserts a proviso in the food stamp ac- rect precautions were taken. Nor was any as- lic schools. count language which was included in As the retired Army lieutenant general has bestos reported in the air during recent boil- pushed forward with repairs never under- er work in the schools. If removal is done im- the House bill and agreed to by the taken by his predecessors, Christian—who properly, he said, the contractor can lose its conference committee but inadvert- oversees school building safety because of a license and be fined as much as $1 million. ently left out of the conference report 1992 lawsuit against the city over the fire Asbestos work at one of the closed schools, which was filed. code violation in schools—has demanded de- Young Elementary in Northeast Washington, The PRESIDING OFFICER. Without tailed summaries of the repair work and re- doesn’t involve a boiler. The heating-system objection, the concurrent resolution is peatedly expanded her jurisdiction over safe- work there is part of a five-month-old agreed to. ty issues. project with the EPA designed to improve This summer, Christian forbade roof work the school’s energy efficiency, school offi- The concurrent resolution (H. Con. while students or staff were in school build- cials say. Res. 167) was agreed to. ings, despite expert testimony that such re- The asbestos removal at Tyler in South- f pairs could be made safely. The appeals court east Washington should be completed today, upheld her decision. Last month, she ruled an aide to Williams said. AGRICULTURE, RURAL DEVELOP- that no construction of any kind could take At Whittier yesterday, Glass handed out MENT, FOOD AND DRUG ADMIN- place while a school is in operation. fliers to parents urging them to call Becton ISTRATION, AND RELATED When a fire inspector said in court last and Parents United, the group that filed the AGENCIES APPROPRIATIONS week that the boiler work could be defined lawsuit, to demand a negotiated solution. ACT, 1998—CONFERENCE REPORT as construction, Christian put that on the Settlement talks began in earnest two weeks list of forbidden work as well, even though ago but faltered this weekend over how much Mr. COCHRAN. Mr. President, I sub- boiler repairs have been made in the past money should be earmarked for school re- mit a report of the committee of con- without her interference. pairs and who should monitor the agree- ference on the bill (H.R. 2160) making ‘‘The court has ruled on these issues with ment. appropriations for Agriculture, Rural respect to construction going on in these At Emery yesterday, the breakfasts usu- Development, Food and Drug Adminis- schools while they’re occupied,’’ Christian ally served before school were not available, tration, and Related Agencies pro- said, interrupting Assistant Corporation and the after-school day-care program was Counsel Robert Rigsby on Thursday as he grams for the fiscal year ending Sep- canceled. The youngest children, Head Start tember 30, 1998, and for other purposes, tried to protest her decision. ‘‘This court has through third grade, were bused about 12 ruled that this work is to be done while the blocks across North Capitol Street to Scott and ask for its immediate consider- building is not occupied. Certainly the court Montgomery Elementary School. ation. has grave concerns about asbestos and chil- Fourth-, fifth- and sixth-graders were The PRESIDING OFFICER. The re- dren.’’ taken around the corner to Metropolitan port will be stated. School Chief Operating Officer Charles E. Wesley AME Church, where by 9:30 a.m. they The clerk read as follows: Williams testified in court Friday that as- sat clustered with their teachers in a large bestos-related boiler work scheduled for The committee on conference on the dis- open space usually used for Sunday school. agreeing votes of the two Houses on the Emery had not yet started. But Christian, Children wrote stories with paper and pencil who had closed Langdon the day before, said: amendment of the Senate, to the bill (H.R. supplied by the church or bought by indi- 2160) having met, after full and free con- ‘‘If Emery, Tyler, Whittier and Young are vidual teachers. undergoing this process, then they are to be ference, have agreed to recommend and do ‘‘We’re doing the best we can under very, recommend to their respective Houses this closed.’’ very trying circumstances,’’ said Leonard Rigsby tried to clarify the order but did report, signed by all of the conferees. Sanders, Emery’s principal. A little girl not specifically point out that work had not raised her hand to ask when they would re- The PRESIDING OFFICER. Without begun at Emery. Christian told him to put turn to their school. objection, the Senate will proceed to his requests in writing. Neither school ‘‘I do not know,’’ Sanders said slowly, ‘‘As the consideration of the conference re- spokeswoman Loretta Hardge nor Corpora- soon as I find out, I will let you know.’’ tion Counsel John Ferren returned telephone port. calls yesterday to explain whether they con- Mr. JEFFORDS. I yield the floor. (The conference report is printed in sidered keeping Emery open because no work The PRESIDING OFFICER. The dis- the House proceedings of the RECORD of is going on there. tinguished senior Senator from the September 17, 1997.) School officials say that it is costing them State of Mississippi. Mr. COCHRAN. Mr. President, I ask more than $20,000 a day for buses to trans- f unanimous consent that there be 20 port the students to alternative school sites. minutes of debate equally divided be- And the situation could get worse, they CORRECTING A TECHNICAL ERROR tween the chairman and ranking mem- warned, if more schools must close before IN THE ENROLLMENT OF H.R. 2160 boiler repairs and other work can be started. ber, and following the expiration or About 72 boilers in the city’s 146 aging Mr. COCHRAN. At the direction of yielding back of time, the conference schools have needed replacing for years, offi- the majority leader, I ask unanimous report be considered agreed to and the

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11336 CONGRESSIONAL RECORD — SENATE October 29, 1997 motion to reconsider be laid upon the Women, Infants, and Children [WIC]; House of Representatives on October 6. table. and the school lunch and breakfast pro- Senate passage of this conference re- The PRESIDING OFFICER. Without grams. This is roughly the same as the port today is the final step necessary objection, it is so ordered. House bill level and $923 million less to send this fiscal year 1998 appropria- Mr. COCHRAN. Mr. President, I am than the Senate level. The difference tions bill to the President for signature very pleased to be able to present for from the Senate recommended level is into law. I urge my colleagues to sup- the Senate’s approval today the con- principally due to the fact that the port the adoption of this conference re- ference report on H.R. 2160, the Fiscal Senate receded to the House on the port. Year 1998 Agriculture, Rural Develop- transfer of funding Food and Consumer Mr. BUMPERS. Mr. President, I am ment, Food and Drug Administration, Service studies and evaluations to the pleased to join my colleague from Mis- and Related Agencies Appropriations Economic Research Service, and ac- sissippi, Senator COCHRAN, in bringing Act. cepted the lower House bill level for to the Senate floor the conference re- The conference agreement provides the Commodity Assistance Program port for the fiscal year 1998 appropria- total appropriations of $49.7 billion. based on the Department of Agri- tions bill for the Department of Agri- This is $4.1 billion less than the fiscal culture’s revised estimate of program culture, the Food and Drug Adminis- year 1997 enacted level and $2.6 billion need. In addition, the Senate receded tration, and related agencies. We con- less than the level requested by the to the House level of $100 million for cluded a successful conference with the House and although our 602(b) alloca- President. It is $964 million less than the Food Stamp Program contingency tion had to be adjusted downward, we the total appropriations recommended reserve, $900 million less than the Sen- were still able to maintain relatively by the Senate-passed bill and $146 mil- ate bill level. lion more than the level recommended For agriculture programs, the con- high levels of funding for many impor- by the House bill. ference report recommends a total of tant programs. As I stated during consideration of Including Congressional budget $6.9 billion, $57 million more than the the Senate bill, I had hoped we could scorekeeping adjustments and prior- House bill level. This amount includes provide higher levels of funding for ag- year spending actions, this conference $1.2 billion for agricultural research ricultural research. I am happy to re- agreement provides total discretionary and education, $423 million for exten- spending for fiscal year 1998 of $13.751 port that the conference agreement sion activities, $430 million for the Ani- provides a higher level of funding for billion in budget authority and $13.997 mal Plant Health and Inspection Serv- billion in outlays. These amounts are the Agricultural Research Service than ice, $589 for the Food Safety and In- was contained in either the earlier consistent with the revised discre- spection Service, $703 million for the House or Senate versions. Funding for tionary spending allocations estab- Farm Service Agency, and $253 million the Food Safety Inspection Service is lished for this conference agreement. for the Risk Management Agency. provided at a level more than $15 mil- Both the House and the Senate For conservation programs, the con- passed this bill at the end of July. The lion above last year and additional ference report recommends almost $790 funds are included for the President’s conferees met and completed con- million, $30 million more than the Food Safety Initiative at USDA and ference on September 17. I believe it is House bill level but $36 million less FDA. a credit to all members of the con- than the amount recommended by the The conference report contains fund- ference committee that we were able to Senate. ing for conservation programs well reach a conference agreement quickly. For rural economic and community above last year’s level and I am happy Special recognition is due the ranking development programs, the bill rec- to report that the House and Senate member of the subcommittee, my col- ommends $2.1 billion, $47 million more conferees have agreed to changes in league from Arkansas, Senator BUMP- than the House level and $9 million rural development activities that will ERS; the chairman of the House Sub- more than the Senate bill level. In- protect program integrity and make committee, Congressman SKEEN of New cluded in this amount is $652 million them more efficient. The WIC Program Mexico; and the ranking member of the for the Rural Community Advance- retains the increase of more than $100 House Subcommittee, Congresswoman ment Program, nearly $8 million more million above fiscal year 1997 that was KAPTUR, for their hard work and co- than the Senate bill level, and the Sen- included in the Senate bill and full operation in making this possible. ate bill level of $535 million for the funding for FDA’s youth tobacco ini- It was our intent that the conference rental assistance program. The con- tiative is provided. report on this bill would be adopted by ference report also provides a total I regret that we had to defer consid- both bodies of the Congress and sent to rural housing loan program level of $4.2 eration of this conference report until the President prior to the October 1, billion. this time. We had completed con- 1997, start of the fiscal year. However, For foreign assistance and related ference action and had been prepared it was the decision of the leadership to programs of the Department of Agri- to conclude action on this bill well in withhold Senate approval of this con- culture, the bill recommends $1.7 bil- advance of the end of the previous fis- ference agreement until further lion, including $131 million in new cal year. However, questions raised by progress was made on the FDA reform budget authority for the Foreign Agri- the authorization committees of the bill, which reauthorizes fees to expe- cultural Service and a total program Food and Drug Administration post- dite FDA’s prescription drug review level of $1.1 billion for the Public Law poned this final action until today. I and approval process. 480 Food for Peace Program. look forward to quick passage of this The conference agreement on this ap- The Food and Drug Administration conference report and approval by the propriations bill was adopted by the receives one of the largest discre- President. House of Representatives on Monday, tionary spending increases over the fis- We have already seen the President October 6, by a vote of 399 yeas to 18 cal year 1997 level. Included in the ap- exercise his new authorities of line- nays. Senate adoption of this con- propriation provided by the conference item veto on bills presented to him. I ference report today is the final step agreement for salaries and expenses of no doubt suspect that he will review remaining to allow this measure to be the Food and Drug Administration is this legislation with a similar critical sent to the President for signature into $24 million for food safety and $34 mil- eye and, without doubt, he will find law. We have every indication that the lion for youth tobacco prevention. items that had not originated with the bill will be signed by the President. These are the full amounts requested executive branch. Mr. President, I do Approximately $37.2 billion, close to by the Administration for these initia- not here intend to reopen floor debate 75 percent of the total new budget au- tives. on the ill-conceived line-item veto. thority provided by this conference re- Mr. President, there is no reason to However, I remind my colleagues, and port, is for domestic food programs ad- continue temporary stop-gap funding my friend in the White House, that the ministered by the U.S. Department of for the programs and activities funded Congress has very explicit responsibil- Agriculture. These include food by this bill. As I indicated earlier, this ities derived from the U.S. Constitu- stamps; commodity assistance; the spe- conference report was filed on Sep- tion relating to the expenditure of cial supplemental food program for tember 17 and was adopted by the funds. Simply because an item does not

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11337 originate with the executive does not H.R. 2160, AGRICULTURE APPROPRIATIONS, 1998 SPEND- $15 million for water systems for rural and mean it is without merit. Let me plain- ING COMPARISONS—CONFERENCE REPORT—Contin- and native villages in Alaska ly observe that when this bill was on ued Section 716 contains ‘‘Buy America’’ do- the Senate floor in July of this year, it [Fiscal year 1998, in millions of dollars] mestic source restrictions on expenditures of passed by a resounding 98 to 0. Mr. appropriations in this bill De- Non- Manda- Section 729 exempts the Martin Luther President, that simple statistic should fense defense Crime tory Total speak for itself and send an important King area of Pawley’s Island, South Caro- message to those who would undue the President’s request: lina, from the population eligibility ceiling Budget authority ...... 14,025 ...... 35,048 49,073 for housing loans and grants work we have done. Outlays ...... 14,282 ...... 35,205 49,487 In closing, let me again say what a House-passed bill: Section 730 prohibits closing or relocating Budget authority ...... 13,650 ...... 35,048 48,698 the FDA Division of Drug Analysis in St. pleasure it has been to work with my Outlays ...... 13,989 ...... 35,205 49,194 Senate-passed bill: Louis, Missouri friend from Mississippi, the chairman Budget authority ...... 13,791 ...... 35,048 49,839 of this subcommittee. He understands Outlays ...... 14,038 ...... 35,205 49,243 REPORT LANGUAGE the programs and the issues contained CONFERENCE REPORT [NOTE: Statement of managers explicitly in this bill and his leadership has been COMPARED TO: directs that report language is binding, and Senate 302(b) allocation: that any language in either Senate or House beyond value. Let me also again thank Budget authority ...... ¥40 ...... ¥40 the subcommittee’s majority staff, Re- Outlays ...... ¥170 ...... ¥170 report that is not specifically addressed in becca Davies, Martha Scott President’s request: conference report should be considered direc- Budget authority ...... ¥274 ...... ¥274 tion of the conference. Following list rep- Poindexter, Rochelle Graves, and, on Outlays ...... ¥285 ...... ¥285 House-passed bill: resents objectionable provisions specifically this side, Galen Fountain, Carole Budget authority ...... 101 ...... 101 stated in conference agreement.] Geagley, and Ben Noble of my personal Outlays ...... 8 ...... 8 Senate-passed bill: Agricultural Research Service: staff. All their work has been impor- Budget authority ...... ¥40 ...... ¥40 Outlays ...... ¥41 ...... ¥41 Earmarks and directive language for re- tant to completing work on this bill. search programs: Mr. DOMENICI. Mr. President, the Note.—Details may not add to totals due to rounding. Totals adjusted for consistency with current scorekeeping conventions. $250,000 for apple-specific E. coli research pending Agriculture and related agen- at the Eastern Regional Research Center, cies appropriations bill provides $49.0 Mr. MCCAIN. Mr. President, I regret Wyndmoor, Pennsylvania billion in new budget authority [BA] to come to the floor once again to talk $1 million for grazing research, earmarked and $41.5 billion in new outlays to fund about wasteful and unnecessary spend- equally for centers in Utah, Oklahoma, New most of the programs of the Depart- ing in an appropriations conference Mexico, and Pennsylvania ment of Agriculture and other related agreement. $500,000 for fusarium head blight research agencies for fiscal year 1998. During Senate consideration of the at the Cereal Rust Laboratory in St. Paul, When outlays from prior year budget Agriculture appropriations bill, I pre- Minnesota authority and other completed actions sented a nine-page list of add-ons, ear- $500,000 for research on karnal bunt at are taken into account, the bill totals marks, and set-asides in the bill and re- Manhattan, Kansas $48.8 billion in budget authority and port language. $1.25 million for Everglades Initiative, of $49.2 billion in outlays for fiscal year I had highlighted four provisions in which $500,000 is for research on biocontrol of 1998. the bill language of the Senate version melaleuca and other exotic pests at Fort Of the $49.2 billion in outlays, $35.2 of the Agriculture appropriations bill, Lauderdale, Florida, $500,000 is for hydrology billion fund entitlement programs like and not surprisingly, every one of these studies at Canal Point, Florida, and $250,000 food stamps, child nutrition programs, provisions, with minor modifications, is for a hydrologist to work on south Florida Everglades restoration and price support payments. The re- is included in the final conference bill. maining $14.0 billion funds discre- Interestingly, though, the conferees $1 million for an Arkansas entity to per- also made sure that most of the ear- form dietary research, $500,000 for similar tionary programs like rural housing work by a Texas entity, and $250,000 for each and economic development, food safety marks and set-asides in the report lan- of three other centers proposing to do die- inspection, activities of the Food and guage of both Houses is included by ref- tary research. Drug Administration, agriculture re- erence in the final agreement. The re- Earmark of $250,000 for Appalachian Soil search and the Farm Service Agency. port language of the conference agree- and Water Conservation Laboratory The conference report falls within ment says: $650,000 for ARS to assist Alaska in support the current 302(b) allocation for the The House and Senate report language of arctic germplasm which is not changed by the conference are Agriculture and Related Agencies Ap- $250,000 to initiate a program for the Na- approved by the committee of conference. propriations Subcommittee. I com- tional Center for Cool and Cold Water Aqua- The statement of the managers, while re- mend the distinguished Senator from culture at the Interior Department’s peating some report language for emphasis, Leetown, West Virginia Science Center, Mississippi for bringing this bill to the does not intend to negate the language re- where the national aquaculture center will floor within the subcommittee’s alloca- ferred to above unless expressly provided be collocated tion. herein. The bill contains important increases So the list I present to the Senate $250,000 for high-yield cotton germplasm research at Stoneville, Mississippi over the 1997 level from programs like today does not represent all of the the WIC Program and the new food wasteful spending in the Agriculture $250,000 to support research on infectious diseases in warmwater fish at the Fish Dis- safety initiative, and I urge adoption of appropriations bill, but only that the conference report. ease and Parasite Research Laboratory at which the conferees made the effort to Auburn, Alabama Mr. President, I ask unanimous con- specifically mention in the conference sent that a table displaying the Budget $500,000 increase for the National Aqua- statement of managers. The rest of the culture Research Center in Arkansas Committee scoring of the conference earmarks are simply carried over from $250,000 for grain legume genetics research report be printed in the RECORD. the Senate and House Appropriations at Washington State University There being no objection, the table Committee reports. was ordered to be printed in the $500,000 earmark for additional scientists Mr. President, I ask unanimous con- to do research on parasitic mites and RECORD, as follows: sent that the list be printed in the Africanized honeybees at the ARS Bee Lab- RECORD. oratory in Weslaco, Texas H.R. 2160, AGRICULTURE APPROPRIATIONS, 1998 There being no objection, the list was SPENDING COMPARISONS—CONFERENCE REPORT $100,000 to continue hops research in the ordered to be printed in the RECORD, as Pacific Northwest [Fiscal year 1998, in millions of dollars] follows: $500,000 increase for the National OBJECTIONABLE PROVISIONS IN H.R. 2160 CON- Warmwater Aquaculture Research Center in De- Non- Crime Manda- Total fense defense tory FERENCE AGREEMENT ON FY 1998 AGRI- Mississippi, and direction in the House re- CULTURE APPROPRIATIONS BILL port that the center be renamed the Thad Conference Report: Budget authority ...... 13,751 ...... 35,048 48,799 BILL LANGUAGE Cochran National Warmwater Aquaculture Outlays ...... 13,997 ...... 35,205 49,202 $20 million earmarked for water and waste Center Senate 302(b) allocation: Budget authority ...... 13,791 ...... 35,048 48,839 disposal systems for the Colonias along the $500,000 for Northwest Nursery Crops Re- Outlays ...... 14,167 ...... 35,205 49,372 U.S.-Mexico border search Center in Oregon

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11338 CONGRESSIONAL RECORD — SENATE October 29, 1997 $250,000 increase for Southeast Poultry Re- $100,000 for the mariculture program at cluded in the budget request but was search Laboratory in Georgia University of North Carolina at Wilmington added by the House with the expecta- $250,000 increase for an animal physiologist $150,000 for the National Center for Peanut tion that the Department of Agri- position at the Fort Keough Laboratory in Competitiveness Montana $3.354 million for shrimp aquaculture in culture would ‘‘exploit every oppor- $250,000 increase for additional scientific Arizona, Hawaii, Mississippi, Massachusetts, tunity to collaborate with the Cen- staffing at Small Fruits Research Labora- and South Carolina ter’’—according to the House report tory in Mississippi Directs consideration of Pennsylvania language. $5 million for Formosan subterranean ter- State University E. coli Reference Center as Two earmarks are included in the mite research candidate for $2 million food safety initia- conference managers’ statement for $200,000 for sugarcane biotechnology re- tive the National Center for Cool and Cold search at Southern Regional Research Cen- $6.1 million for 14 unrequested special Water Aquaculture in Leetown, WV. ter in Louisiana grants for extension activities and personnel Earmark of $500,000 for ginning research at in specific states The conferees earned another $6 mil- laboratory in Texas Animal and Plant Health Inspection Serv- lion to complete construction of a $100,000 for funding of research at Poi- ice: building at this site, which was funded sonous Plant Laboratory at Logan, Utah Earmarks and directive language: at the same level in the fiscal year 1997 $1 million for coastal wetlands and erosion $1.225 million for rabies control programs bill. And the conferees also provided research at the Rice Research Station in in Ohio, Texas, New York, and other states $250,000 to initiate a program to be con- Louisiana $400,000 for a geographic information sys- ducted at this new facility which, ac- $250,000 for research at the Food Fermenta- tem project to prepare to expand boll weevil tion Center in Raleigh, North Carolina eradication program into remaining cotton cording to the Senate report language, $450,000 to hire two small grain patholo- production areas will ‘‘ensure that risks associated with gists, one at the ARS laboratory in Raleigh, Supportive language: Urges APHIS to con- the long-term stability of the [cool and North Carolina, and the other at the labora- tinue cooperative efforts to eradicate boll cold water aquaculture] industry are tory at Aberdeen, Iowa weevil in New Mexico reduced.’’ $950,000 for rice research in Beaumont, Agricultural Marketing Service: Finally, the conferees earmarked $1.7 Texas, and Stuttgart, Arkansas Earmarks: $1 million for marketing assist- million for new personnel at various $200,000 for plant genetics equipment for ance to Alaska centers. The specific earmarks in the the ARS laboratory at Greenhouse, Missouri National Resources Conservation Service: $700,000 for natural products in Mississippi Earmarks: statement of managers language in- Earmarks for unrequested building $350,000 for Great Lakes Basin Program for clude: $500,000 for additional scientists projects: soil and erosion sediment control to do research on parasitic mites and $5.2 million for the Western Human Nutri- $3 million for technical assistance in Africanized honeybees at the Agri- tion Research Center in Davis, California Franklin County, Mississippi culture Research Service Bee Labora- $1.8 million for the Avian Disease Labs in $750,000 for Deer Creek watershed in Okla- East Lansing, Michigan tory in Weslaco, TX; $250,000 for an ani- homa mal physiologist position at the Fort $7.9 million for two projects in Mississippi $300,000 to assist farmers around Lake (planning and design for a Biocontrol and In- Otisco in New York Keough Laboratory in Montana; sect Rearing Laboratory in Stoneville, and $100,000 for Trees Forever program in Iowa $250,000 for additional scientific staff- National Center for Natural Products in Ox- Supportive language: Supports continu- ing at the Small Fruits Research Lab- ford) ation of Potomac Headwaters project, which oratory in Mississippi; $450,000 to hire $606,000 for a pest quarantine and inte- was proposed by Senate at $1.8 million, and two small grain pathologists, one at grated pest management facility in Montana encourage continued work with West Vir- $4.4 million for Human Nutrition Research the Agriculture Research Laboratory ginia Department of Agriculture for further in Raleigh, NC, and the other at the Center in North Dakota development of poultry waste energy recov- $4.824 million for the U.S. Vegetable Lab- laboratory at Aberdeen, IA; and $250,000 ery project at Moorefield and project imple- oratory in South Carolina mentation at Franklin for a hydrologist to work on south $600,000 for a Poisonous Plant Laboratory Rural Community Advancement Program: Florida Everglades restoration. The re- in Utah Supportive language: Urges consideration port language of both Houses and the $6 million for a National Center for Cool of grant proposals from 5 entities (in Texas, conferees also includes numerous in- and Cold Water Aquaculture in Leetown, Colorado, New Mexico, and the Midwest) West Virginia stances of language supporting or urg- which were not mentioned in either report Supportive language: ing or encouraging various agencies to Notes importance of barley stripe rust re- [page 52 of conference report] hire additional staff personnel, includ- search at Pullman, Washington laboratory Rural Utilities Service: Supportive language: Encourages Agri- ing a particular reference in the man- and expects work on controlling root disease culture Department to give consideration to agers’ statement, that was not in- of wheat and barley in cereal-based produc- an application from State University of New cluded in either report, to express the tion systems to continue at FY 1997 levels Support the addition of a new lettuce ge- York Telecommunications Center for Edu- conferees’ ‘‘support [for] the addition neticist/plant breeder position at the ARS in cation for a distance learning project, which of a new lettuce geneticist/plant breed- Salinas, California was not mentioned in either report. er position at the U.S. Agricultural Re- Expects ARS to expand research for Total objectionable provisions: $152.4 mil- search Station in Salinas, CA.’’ meadowfoam at Oregon State University and lion. Mr. President, these are just a few the ARS facility at Peoria, Illinois Mr. MCCAIN. Mr. President, let me examples of the egregiously wasteful Directs National Sedimentation Labora- take a moment to highlight some of spending practices of the Congress. I tory to initiate integrated watershed re- the items that are specifically ear- cannot condone wasting millions of search program for Yalobusha River Basin marked in the conference agreement. and Grenada Lake taxpayer dollars at a time when we are Cooperative State Research, Education, The conferees earmark $3.354 million finally making progress toward a bal- and Extension Service: of the research funds provided to the anced budget. Even when we have Earmarks: Cooperative State Research, Edu- eliminated annual deficits, hopefully $51.5 million for 110 special research cation, and Extension Service within just a few years, our Nation will grants: [CSREES] for shrimp aquaculture stud- still face a debt of over $5.4 trillion. Less than $7 million of this amount was re- ies in Hawaii, Mississippi, Massachu- Why not stop wasting money on unnec- quested, and the conferees reduced funding setts, California, and my home State, for 3 requested projects essary projects, and start repaying this All but $7 million of the $51.5 million is Arizona. Funding for shrimp aqua- huge debt? earmarked for particular states. culture is a perennial congressional I plan to recommend that the Presi- Almost $9 million for unrequested adminis- add-on that has not, to my knowledge, dent exercise his line item veto author- trative costs in connection with 14 research ever been included in an administra- ity to eliminate these earmarks and programs in specific states, including: tion budget request. And I have yet to set-asides. I hope he does so, because $150,000 for the Center for Human Nutrition fathom the logic of conducting shrimp eliminating unnecessary spending is in in Baltimore, Maryland research in the desert. $844,000 for the Geographic Information the best interest of all Americans. System program in Georgia, Chesapeake The conferees earned another $150,000 Mr. KOHL. Mr. President, I rise Bay, Arkansas, North Dakota, Washington, from the same CSREES account for the today in support of my colleagues’, Mr. and Wisconsin, and new entities in New Mex- National Center for Peanut Competi- FEINGOLD and Mr. GRAMS, efforts to ico, and Colorado tiveness. Again, this item was not in- clarify study language included in the

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11339 Agriculture appropriations bill being [NRCS] should prioritize funding for Therefore, I am authorized by the discussed today. newly approved RC&D Councils. These distinguished ranking member to yield My friends from the Northeast have councils provide much needed assist- back all time remaining on the con- worked hard to boost prices above mar- ance to watersheds and conservation ference report on both sides of the ket clearing levels by creating a re- districts seeking to maximize the envi- aisle, and I now so do. gional compact for their farmers. Now ronmental benefits of their conserva- The PRESIDING OFFICER. Without that the compact is implemented and tion programs. RC&D Councils should objection, the conference report is operating, we need a timely, com- be funded. RC&D is a very important agreed to. prehensive economic analysis by the program for protection and prudent de- The conference report was agreed to. Office of Management and Budget of velopment of our Nation’s natural re- f the marketing and pricing of milk source base. Working through local within the six State compact and sur- RC&D Councils, this program helps en- MORNING BUSINESS rounding areas. The pricing of milk is hance our ability to meet economic ob- Mr. COCHRAN. Mr. President, I ask an extremely complex issue. Artifi- jectives within the context of a wise unanimous consent that there now be a cially manipulating the marketing and and sustainable use of our natural re- period for morning business until 6:30 pricing of milk will have major im- sources. In Washington State, a State p.m. within which Senators may be pacts on other regions of the United rich in natural resources, RC&D offers permitted to speak for up to 5 minutes States, like Wisconsin. the chance to meet the challenges of each. Their proposal to raise prices for threatened resources in the face of de- The PRESIDING OFFICER. Without farmers has worked well and that cost mands for continued economic develop- objection, it is so ordered. is being passed on to consumers. A re- ment. cently released study announced that Mr. BUMPERS. Mr. President, I f Massachusetts consumers will pay an agree with the Senator from Wash- THE VERY BAD DEBT BOXSCORE additional $25 million for their milk ington. The purpose of the RC&D pro- over the next 12 months. The print gram is to encourage and improve the Mr. HELMS. Mr. President, at the media has reported that consumers are capability of State and local units of close of business yesterday, Tuesday, paying $.27 a gallon more per gallon of government and local nonprofit organi- October 28, 1997, the Federal debt stood milk in the compact area. We need to zations in rural areas to plan, develop, at $5,429,321,910,123.66 (Five trillion, analyze the impact this price increase and carry out programs for resource four hundred twenty-nine billion, three has not only on government purchases conservation and development. The hundred twenty-one million, nine hun- of dairy products for lunch programs, NRCS also helps coordinate available dred ten thousand, one hundred twen- but also the impact on low-income Federal, State, and local programs to ty-three dollars and sixty-six cents). families that spend more of their in- ensure adequate protection of natural One year ago, October 28, 1996, the come on food and dairy products. resources while promoting sound devel- Federal debt stood at $5,233,941,000,000 Although the program only regulates opment practices. Funding of the (Five trillion, two hundred thirty-three class I milk, other classes will be im- RC&D Councils is an important pri- billion, nine hundred forty-one mil- pacted by the economic signals encour- ority for the NRCS, as correctly em- lion). aging Northeast dairy farmers to over- phasized by the conferees, and I urge Five years ago, October 28, 1992, the produce. What happens to that excess the NRCS to not overlook opportuni- Federal debt stood at $4,065,988,000,000 fluid or manufacturing milk that will ties to enhance the efforts of the RC&D (Four trillion, sixty-five billion, nine be produced in the Northeast and Councils in a manner complimentary hundred eighty-eight million). forced to find a new processing plant and consistent with these stated objec- Ten years ago, October 28, 1987, the outside the compact area? Again, the tives. Federal debt stood at $2,385,891,000,000 print media has reported that dis- Mr. WYDEN. Mr. President, I would (Two trillion, three hundred eighty-five tressed raw milk has moved out of the like to join my colleagues in express- billion, eight hundred ninety-one mil- Northeast to plants in Ohio and as far ing support for the important work of lion). away as Wisconsin and Minnesota. RC&D Councils as well as opportunities Fifteen years ago, October 28, 1982, Ohio plants reportedly were paying to enhance these efforts. I urge the the Federal debt stood at $8.00 per cwt. delivered milk filling all NRCS to seek avenues that maximize $1,142,243,000,000 (One trillion, one hun- manufacturing plants to capacity in the beneficial conservation and envi- dred forty-two billion, two hundred that State. That excess supply of milk ronmental purposes of RC&D activi- forty-three million) which reflects a added to the overproduction that oc- ties. debt increase of more than $4 trillion— Mr. COCHRAN. Mr. President, as pro- curred in the United States further ex- $4,287,078,910,123.66 (Four trillion, two vided by the unanimous-consent agree- asperating record low price paid to hundred eighty-seven billion, seventy- ment taking up this appropriations farms this summer. eight million, nine hundred ten thou- conference report, there are 20 minutes Finally, the study should consider a sand, one hundred twenty-three dollars equally divided available for further cost/benefit analysis for each State and sixty-six cents) during the past 15 discussion of the conference report. I participating in the compact. For ex- years. have had some indication that there ample, Massachusetts has only about may be one or two Senators who may f 300 dairy farms, roughly 10 percent of wish to comment. Pending their arrival New England total, while its con- NGAWANG CHOEPHEL on the floor, I suggest the absence of a sumers pay half of the aggregate total Mr. LEAHY. Mr. President, I regret quorum. consumer costs. The PRESIDING OFFICER. The that I must again bring to the Senate’s I encourage the Office of Manage- clerk will call the roll. attention the situation of imprisoned ment and Budget to take a serious look The assistant legislative clerk pro- Tibetan music and dance scholar, at the issue. ceeded to call the roll. Ngawang Choephel. I had hoped that RESOURCE CONSERVATION AND DEVELOPMENT Mr. COCHRAN. Mr. President, I ask Chinese authorities would have recog- Mrs. MURRAY. Mr. President, the unanimous consent that the order for nized by now the grave mistake they conference report (105–252) on Depart- the quorum call be rescinded. made in sentencing him to 18 years in ment of Agriculture appropriations in- The PRESIDING OFFICER. Without prison. cludes $34.4 million for resource con- objection, it is so ordered. In 1995, Mr. Choephel was in Tibet servation and development [RC&D]. Mr. COCHRAN. Mr. President, I have making a documentary film of tradi- The conferees note that this increase been advised by the staff that hotlines tional Tibetan music and dance when in funding is not specifically ear- have been sent out to Members on both he was detained by Chinese authorities. marked for any initiative but should be sides, and we have no indication that After being held incommunicado for 15 used for approved RC&D Councils wait- any other Senator wants to come and months without access to his family or ing for funding. I agree that the Nat- speak on the subject of the conference independent legal counsel, Mr. ural Resource Conservation Service report. Choephel was sentenced to 18 years in

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11340 CONGRESSIONAL RECORD — SENATE October 29, 1997 prison for violating the State Security tary about traditional Tibetan music and then returned to the Senate to be dep- Law. It was insinuated that he was dance. Sixteen hours of video were sent to uty superintendent, and continued in paid by the U.S. Government to spy on friends in the West; they show beautiful im- that capacity until his promotion in behalf of the Dalai Lama. No evidence ages and sounds of a great culture, but no 1973. military installations, no political protests, to support such a claim has ever been not a critical word against China. Don became superintendent of the produced. The 16 hours of film Mr. Nonetheless, Chinese authorities arrested Senate gallery during a tumultuous Choephel sent to India during the first Ngawang Choepal in Llasa’s Shigatse market time—the beginning of the Watergate weeks of his project simply contain in September 1995. He was incarcerated for 15 hearings. He weathered the storm, and footage of the traditional music and months without being allowed to meet his received a commendation from the dance he said he had gone to document. family, independent legal counsel, or Amer- Standing Committee of Correspond- Persistent inquiries to Chinese au- ican representatives. Sen. Patrick Leahy vis- ents, the governing body of the Con- ited Beijing in November 1996 and appealed thorities regarding Mr. Choephel’s directly to President Jiang Zemin on behalf gressional press galleries, for his han- whereabouts and the condition of his of Ngawang. That plea was at first followed dling of the hearings. health have produced little informa- by a vague promise to examine the case. A During his tenure as superintendent, tion. I wrote to the head of the Chinese month later, Chinese authorities convicted Don presided over press coverage of the Communist Party soon after Mr. Ngawang Choepal of espionage and providing Senate during such major events as the Choephel’s detention and received no information ‘‘to the Dalai Lama clique’s gov- end of the Vietnam War, the Panama reply. I raised his case personally in ernment-in-exile and to an organization of a Canal Treaties debates, and the certain foreign country.’’ meetings with President Jiang Zemin The sentence imposed was stunningly se- ABSCAM hearings. He assisted with and other Chinese officials last Novem- vere: 18 years in prison. Eighteen years in a media arrangements for the Republican ber in Beijing and received no reply. I Chinese jail for videotaping people dancing and Democratic Conventions and the have written to President Jiang since to old Tibetan songs. Presidential Inaugurals from 1948 to then to urge his personal intervention The Chinese government has ignored assur- 1988. He was a tremendous help to Sen- in this case and received no reply. I am ances from the United States that Ngawang ators, staff members and the members just one of many who have sought in- Choepal is just a non-political music stu- of the press. dent, several congressional resolutions in his A Southern gentleman with a quick formation about Mr. Choephel to no support, pleas from his family and a number avail. As of today we have no informa- of worldwide letter-writing campaigns. wit and warm sense of humor, Don was tion as to where Mr. Choephel is being In fact, the international Campaign for one of the true characters to roam the held, or even if he is still alive. Tibet reports that the American Embassy in halls of Congress. He was beloved by re- This is an outrageous situation. A Beijing is not even certain in what prison porters and Senators alike for his sto- former Fulbright Scholar has been de- Ngawang is being held. rytelling, his affable nature, and his prived of 18 years of his life as a result Ngawang Choepal’s case is tragic on its seemingly endless repertoire of jokes. own very personal terms and as a reflection of spurious charges by a government of a much wider Chinese decision to wipe out He will be greatly missed. that will not even reveal his where- all opposition no matter how benign and no My deepest sympathy goes out to his abouts. I have urged the White House matter how inadvertent. wife, Mary Womack; his two daughters, to raise Mr. Choephel’s case with Presi- Such an outrageous violation of human Kay Duda of Alexandria and Patricia dent Jiang. I plan to do the same. If rights should be a serious obstacle to produc- Fair of Eatontown, New Jersey; his five President Jiang is interested in fos- tive relations between the United States and grandchildren; eleven great grand- tering closer ties with the United China (it certainly would be if the offending children, and his great-great grandson. country had less trade potential). States, he could make no gesture more Sadly, President Clinton and in essence meaningful than ordering his release. our whole country will soon host the man f Mr. President, I ask unanimous con- who is responsible for locking up Ngawang sent that excerpts from an article enti- Choepal and who could instantly set him MESSAGES FROM THE PRESIDENT tled ‘‘Who Is Invited to the Banquet?’’ free. When President Jiang Zemin visits by Jeff Kaufman of the Rutland Daily America later this month, he’ll be toasted, Herald be printed in the RECORD. feasted, and courted by businesses and lobby- REPORT OF ACHIEVEMENTS IN There being no objection, the article ists. Ngawang Choepal’s voice will not pass through the thick stone walls that he faces AERONAUTICS AND SPACE FOR was ordered to be printed in the every day. FISCAL YEAR 1996—MESSAGE RECORD, as follows: Who will speak out for him and thousands FROM THE PRESIDENT—PM 75 [From the Rutland Daily Herald, Oct. 23, like him? The PRESIDING OFFICER laid be- 1997] It should be our president and secretary of fore the Senate the following message WHO IS INVITED TO THE BANQUET?—TIBETAN state using the impressive clout of the from the President of the United FROM VERMONT REMAINS IN CHINESE PRISON United States. Soon we will see what this (By Jeff Kaufman) country really stands for. States, together with an accompanying In a few weeks, the Clinton administration f report; which was referred to the Com- will welcome Chinese President Jiang Zemin DEATH OF FORMER SENATE mittee on Commerce, Science, and on his first state visit to the United States. PRESS GALLERY SUPER- Transportation. Champagne, smiles, encouraging words and a INTENDENT DON C. WOMACK To the Congress of the United States: good dose of pomp and circumstance will be broadcast, not just to Americans, but around Mr. BYRD. Mr. President, I was sad- I am pleased to transmit this report the world. Sidebar statements about human dened to learn that Don C. Womack, on the Nation’s achievements in aero- and workers’ rights will be drowned out by who served as superintendent of the nautics and space during fiscal year televised images that will instantly convey U.S. Senate Press Gallery from 1973 to (FY) 1996, as required under section 206 the central message of such a historic meet- 1981, died of cancer Thursday morning of the National Aeronautics and Space ing: The leaders of the world’s most powerful at his home in Arlington at the age of Act of 1958, as amended (42 U.S.C. 2476). countries are celebrating joint ventures and 87. Aeronautics and space activities in FY common purpose. Don was born in Danville, Virginia 1996 involved 14 contributing depart- * * * * * August 22, 1910. He moved to the Wash- ments and agencies of the Federal Gov- Anonymity for political prisoners is a ty- ington Area in 1935, and attended the ernment. rant’s ally, so here is a name and a story to A wide variety of aeronautics and personalize the kind of cruelty imposed by Corcoran School of Art and George China’s prison archipelago. This individual Washington University. He managed a space developments took place during case may be not be typical in that it involves string of movie theaters in Northern FY 1996. The Administration issued an a young man who left the safety of America Virginia before taking a job as staff as- integrated National Space Policy, con- to travel to his native Tibet, but it is all too sistant in the House of Representatives solidating a number of previous policy typical in its show of intolerance, judicial Periodical Press Gallery in 1948, begin- directives into a singular, coherent vi- abuse and lack of regard for basic standards ning a 33-year career as a press liaison sion of the future for the civil, com- of human rights. mercial, and national security space Tibetan exile and Fulbright scholar on Capitol Hill. Ngawang Choopal came to this country at Don began working in the Senate sectors. The Administration also issued the age of 27 to study ethnomusicology at Press Gallery in 1951. He briefly left to a formal policy on the future manage- Middlebury College in 1993. In the summer of serve as superintendent of the House ment and use of the U.S. Global Posi- 1995, he returned to Tibet to film a documen- Periodical Gallery in 1954 and 1955, tioning System.

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11341 During FY 1996, the National Aero- PETITIONS AND MEMORIALS S. 967. A bill to amend the Alaska Native nautics and Space Administration The following petitions and memo- Claims Settlement Act and the Alaska Na- tional Interest Lands Conservation Act to (NASA) successfully completed eight rials were laid before the Senate and Space Shuttle flights. NASA also benefit Alaska natives and rural residents, were referred or ordered to lie on the and for other purposes (Rept. No. 105–119). launched 7 expendable launch vehicles, table as indicated: By Mr. MCCAIN, from the Committee on while the Department of Defense POM–279. A resolution adopted by the Commerce, Science, and Transportation, launched 9 and the commercial sector Council of the City of Monterey Park, Cali- without amendment: launched 13. In the reusable launch ve- fornia relative to the Federal Aviation Ad- S. 661. A bill to provide an administrative hicle program, Vice President Gore an- ministration; to the Committee on Com- process for obtaining a waiver of the coast- nounced NASA’s selection of a private merce, Science, and Transportation. wise trade laws for certain vessels (Rept. No. sector partner to design, fabricate, and POM–280. A resolution adopted by the 105–121). flight test the X–33 vehicle. Council of the City of West Sacramento, By Mr. JEFFORDS, from the Committee Scientists made some dramatic new California relative to spent nuclear fuel; to on Labor and Human Resources, with an the Committee on Energy and Natural Re- discoveries in various space-related amendment in the nature of a substitute: sources. S. 1294. A bill to amend the Higher Edu- fields such as space science, Earth POM–281. A resolution adopted by the cation Act of 1965 to allow the consolidation science and remote sensing, and life Upper Mississippi River Basin Association of student loans under the Federal Family and microgravity science. Most nota- relative to the Missouri River; to the Com- Loan Program and the Direct Loan Program bly, NASA researchers cooperating mittee on Environment and Public Works. (Rept. No. 105–122). POM–282. A resolution adopted by the with the National Science Foundation f found possible evidence of ancient mi- Lenawee County Board of Commissioners (Michigan) relative to the Environmental EXECUTIVE REPORTS OF crobial life in a meteorite believed to Protection Agency; to the Committee on En- COMMITTEES be from Mars. vironment and Public Works. In aeronautics, activities included POM–283. A resolution adopted by the Mac- The following executive reports of the development of technologies to im- edonian Patriotic Organization of the United committees were submitted: prove performance, increase safety, re- States and Canada relative to the former By Mr. CHAFEE, from the Committee on duce engine noise, and assist U.S. in- Federal Republic of Yugoslavia; to the Com- Environment and Public Works: Kenneth R. dustry to be more competitive in the mittee on Foreign Relations. Wykle, of Virginia, to be Administrator of POM–284. A resolution adopted by the Mac- the Federal Highway Administration. world market. Air traffic control ac- edonian Patriotic Organization of the United tivities focused on various automation States and Canada relative to the Republic (The above nomination was reported systems to increase flight safety and of Macedonia; to the Committee on Foreign with the recommendation that he be enhance the efficient use of air space. Relations. confirmed, subject to the nominee’s Close international cooperation with POM–285. A resolution adopted by the Mac- commitment to respond to requests to Russia occurred in the Shuttle-Mir edonian Patriotic Organization of the United appear and testify before any duly con- docking missions and with Canada, Eu- States and Canada relative to the North At- stituted committee of the Senate.) rope, Japan, and Russia in the Inter- lantic Treaty Organization and the Republic of Macedonia; to the Committee on Foreign By Mr. ROTH, from the Committee on Fi- national Space Station program. The Relations. nance: United States also entered into new co- POM–286. A resolution adopted by the Mac- Mary Ann Cohen, of California, to be a operative agreements with Japan and edonian Patriotic Organization of the United judge of the U.S. Tax Court for a term of 15 new partners in South America and States and Canada relative to the govern- years after she takes office (Reappointment). Asia. ment of Greece; to the Committee on For- Margaret Ann Hamburg, of New York, to In conclusion, FY 1996 was a very ac- eign Relations. be an Assistant Secretary of Health and POM–287. A resolution adopted by the Mac- Human Services. tive and successful year for U.S. aero- Stanford G. Ross, of the District of Colum- nautics and space programs. Efforts in edonian Patriotic Organization of the United States and Canada relative to the European bia, to be a member of the Social Security these areas have contributed signifi- Union; to the Committee on Foreign Rela- Advisory Board for a term expiring Sep- cantly to the Nation’s scientific and tions. tember 30, 2002. technical knowledge, international co- POM–288. A resolution adopted by the Mac- David W. Wilcox, of Virginia, to be an As- operation, environmental health, and edonian Patriotic Organization of the United sistant Secretary of the Treasury. economic competitiveness. States and Canada relative to capital invest- Rita D. Hayes, of South Carolina, to be Deputy U.S. Trade Representative, with the WILLIAM J. CLINTON. ment for the Republic of Macedonia; to the rank of Ambassador. THE WHITE HOUSE, October 29, 1997. Committee on Foreign Relations. POM–289. A resolution adopted by the Charles Rossotti, of the District of Colum- f Council of the City of Plantation, Florida bia, to be Commissioner of Internal Revenue. MESSAGES FROM THE HOUSE relative to the proposed ‘‘Private Property David L. Aaron, of New York, to be Under Rights Implementation Act’’; to the Com- Secretary of Commerce for International At 11:02 a.m., a message from the mittee on the Judiciary. Trade. House of Representatives, delivered by POM–290. A resolution adopted by the (The above nominations were re- Board of Supervisors, County of Los Angeles, Mr. Hays, one of its reading clerks, an- ported with the recommendation that nounced that the House agrees to the California relative to the proposed ‘‘Immi- gration Reform Transition Act of 1997’’; to they be confirmed, subject to the nomi- report of the committee of conference nees’ commitment to respond to re- on the disagreeing votes of the two the Committee on the Judiciary. f quests to appear and testify before any Houses on the amendments of the Sen- duly constituted committee of the Sen- ate to the bill (H.R. 1119) to authorize REPORTS OF COMMITTEES ate.) appropriations for fiscal year 1998 for The following reports of committees military activities of the Department By Mr. THURMOND, from the Committee were submitted: on Armed Services: of Defense, for military construction, By Mr. CAMPBELL, from the Committee Jacques Gansler, of Virginia, to be Under and for defense activities of the De- on Indian Affairs, without amendment: Secretary of Defense for Acquisition and partment of Energy, to prescribe per- H.R. 79. A bill to provide for the convey- Technology. sonnel strengths for such fiscal year ance of certain land in the Six Rivers Na- John E. Mansfield, of Virginia, to be a for the Armed Forces, and for other tional Forest in the State of California for member of the Defense Nuclear Facilities purposes. the benefit of the Hoopa Valley Tribe (Rept. Safety Board for a term expiring October 18, No. 105–117). 2001. At 2:08 p.m., a message from the By Mr. HATCH, from the Committee on The following-named officer for appoint- House of Representatives, delivered by the Judiciary, with an amendment in the na- ment in the U.S. Air Force to the grade indi- Ms. Goetz, one of its reading clerks, an- ture of a substitute: cated while assigned to a position of impor- S. 53. A bill to require the general applica- nounced that the House has agreed to tance and responsibility under title 10, tion of the antitrust laws to major league United States Code, section 601: the following resolution: baseball, and for other purposes (Rept. No. To be lieutenant general H. Res. 286. Resolving that the House has 105–118). heard with profound sorrow of the death of By Mr. MURKOWSKI, from the Committee Maj. Gen. Steward E. Cranston, 0000. the Honorable Walter H. Capps, a Represent- on Energy and Natural Resources, with an The following-named officer for appoint- ative from the State of California. amendment in the nature of a substitute: ment in the Reserve of the Air Force to the

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11342 CONGRESSIONAL RECORD — SENATE October 29, 1997 grade indicated under title 10, United States To be rear admiral (lower half) Mr. THURMOND. Mr. President, for Code, section 12203: Capt. Phillip M. Balisle, 0000 the Committee on Armed Services, I To be brigadier general Capt. Kenneth E. Barbor, 0000 report favorably 17 nomination lists in Col. James P. Czekanski, 0000 Capt. Larry C. Baucom, 0000 the Air Force, Army, Marine Corps, The following Air National Guard of the Capt. Robert E. Besal, 0000 and Navy which were printed in full in United States officers for appointment in the Capt. Joseph D. Burns, 0000 the CONGRESSIONAL RECORD of June 12, Reserve of the Air Force, to the grade indi- Capt. Joseph A. Carnevale, Jr., 0000 September 18, October 7, 9, and 20, 1997, Capt. Jay M. Cohen, 0000 cated under title 10, United States Code, sec- and ask unanimous consent, to save tion 12203: Capt. Christopher W. Cole, 0000 Capt. David R. Ellison, 0000 the expense of reprinting on the Execu- To be major general Capt. Lillian E. Fishburne, 0000 tive Calendar, that these nominations Brig Gen. Rendell F. Clark, Jr., 0000 Capt. Rand H. Fisher, 0000 lie at the Secretary’s desk for the in- Brig Gen. Wilfred Hessert, 0000 Capt. Alan M. Gemmill, 0000 formation of Senators: Brig Gen. Theodore F. Mallory, 0000 Capt. David T. Hart, Jr., 0000 The PRESIDING OFFICER. Without Brig Gen. Loran C. Schnaidt, 0000 Capt. Kenneth F. Heimgartner, 0000 objection, it is so ordered. Brig Gen. James E. Whinnery, 0000 Capt. Joseph G. Henry, 0000 (The nominations ordered to lie on To be brigadier general Capt. Gerald L. Hoewing, 0000 the Secretary’s desk were printed in Col. Garry S. Bahling, 0000 Capt. Michael L. Holmes, 0000 the RECORDS of June 12, September 18, Col. David A. Beasley, 0000 Capt. Edward E. Hunter, 0000 October 7, 9, 20, 1997, at the end of the Capt. Thomas J. Jurkowsky, 0000 Col. Jackson L. Davis, III, 0000 Senate proceedings.) Col. David R. Hudlet, 0000 Capt. William R. Klemm, 0000 Military nominations which have been Col. Karl W. Kristoff, 0000 Capt. Michael D. Malone, 0000 Capt. William J. Marshall, III, 0000 pending with the Senate Armed Services Col. John A. Love, 0000 Committee the required length of time and Col. Clark W. Martin, 0000 Capt. Peter W. Marzluff, 0000 Capt. James D. McArthur, Jr., 0000 which are proposed for the committee’s con- Col. Robert P. Meyer, Jr., 0000 sideration on October 28, 1997. Col. John H. Oldfield, Jr., 0000 Capt. Michael J. McCabe, 0000 Capt. David C. Nichols, Jr., 0000 In the Naval Reserve there is one appoint- Col. Eugene A. Schmitz, 0000 ment to the grade of captain (Jeffrey L. Col. Joseph K. Simeone, 0000 Capt. Gary Roughead, 0000 Capt. Kenneth D. Slaght, 0000 Schram, USNR) (Reference No. 384–2) Col. Dale K. Snider, Jr., 0000 In the Navy there are 587 appointments to Capt. Stanley R. Szemborski, 0000 Col. Emmett R. Titshaw, 0000 the grade of commander (list begins with Capt. George E. Voelker, 0000 Col. Edward W. Tonini, 0000 Frank P. Achron, Jr.) (Reference No. 654) Col. Giles E. Vanderhoof, 0000 Capt. Christopher E. Weaver, 0000 In the Army there are six appointments to Capt. Robert F. Willard, 0000 The following-named officer for appoint- the grade of lieutenant colonel and below Capt. Charles B. Young, 0000 ment in the U.S. Air Force to the grade indi- (list begins with Reed S. Christensen) (Ref- cated while assigned to a position of impor- The following-named officers for appoint- erence No. 704) tance and responsibility under title 10, ment in the U.S. Navy to the grade indicated In the Army there are two appointments to United States Code, section 601: under title 10 United States Code, section the grade of major (list begins with Perry W. 624: Blackburn, Jr.) (Reference No. 705) To be general To be rear admiral (lower half) In the Marine Corps there is one appoint- Lt. Gen. John A. Gordon, 0000 ment to the grade of lieutenant colonel (Paul Capt. Marion J. Balsam, 0000 The following Air National Guard of the D. McGraw) (Reference No. 706) Capt. Barry C. Black, 0000 In the Navy there are three appointments United States officers for appointment in the Capt. Richard T Ginman, 0000 Reserve of the Air Force, to the grade indi- to the grade of lieutenant (list begins with Capt. Michael R. Johnson, 0000 Frederick Braswell) (Reference No. 707) cated under title 10, United States Code, sec- Capt. Charles R. Kubic, 0000 tion 12203: In the Navy there are 690 appointments to Capt. Rodrigo C. Melendez, 0000 the grade of lieutenant comaander (list be- To be major general Capt. Daniel H. Stone, 0000 gins with Leigh P. Ackart) (Reference No. Brig Gen. Paul A. Weaver, Jr., 0000 The following-named officer for appoint- 708) To be brigadier general ment in the U.S. Navy to the grade indicated In the Navy there are 216 appointments to Col. Craig R. McKinley, 0000 while assigned to a position of importance the grade of lieutenant (list begins with Wil- Col. Kenneth J. Stromquist Jr., 0000 and responsibility under title 10, United liam L. Abbott) (Reference No. 709) In the Navy there are 53 appointments to Col. Jay W. Van Pelt, 0000 States Code, sections 601 and 5035: To be Admiral the grade of lieutenant commander (list be- The following-named officer for appoint- gins with William B. Allen) (Reference No. ment in the U.S. Army to the grade indi- Vice Adm. Donald L. Pilling, 0000 710) cated while assigned to a position of impor- The following-named officer for appoint- In the Air Force there are 1,292 appoint- tance and responsibility under title 10, ment in the U.S. Navy to the grade indicated ments to the grade of lieutenant colonel (list United States Code, section 601: while assigned to a position of importance begins with Rebecca G. Abraham) (Reference To be general and responsibility under title 10, United No. 711) States Code, section 601: In the Army there are three appointments Lt. Gen. Peter J. Schoomaker, 0000 To be vice admiral as permanent professors at the U.S. Military The following-named officer for appoint- Academy to the grade of colonel and below Vice Adm. Conrad C. Lautenbacher, 0000 ment in the U.S. Army to the grade indi- (list begins with Russell D. Howard) (Ref- cated while assigned to a position of impor- The following-named officer for appoint- erence No. 742) tance and responsibility under title 10, ment in the U.S. Navy to the grade indicated In the Air Force there are 49 appointments United States Code, section 601: under title 10, United States Code, section to the grade of captain (list begins with To be lieutenant general 624: Share Dawn P. Angel) (Reference No. 748) Maj. Gen. Jack P. Nix, Jr., 0000 To be rear admiral In the Army there are 16 appointments to Rear Adm. (lh) Lowell E. Jacoby, 0000 the grade of colonel (list begins with Debra The following-named officer for appoint- L. Boudreau) (Reference No. 749) The following-named officer for appoint- ment in the U.S. Army to the grade indi- In the Army there are three appointments cated while assigned to a position of impor- ment in the U.S. Navy to the grade indicated to the grade of lieutenant colonel (list begins tance and responsibility under title 10, while assigned to a position of importance with Lelon W. Carroll) (Reference No. 750) United States Code, section 601: and responsibility under title 10, United In the Naval Reserve there is one appoint- To be lieutenant general States Code, section 601: ment to the grade of captain (Arvin W. To be vice admiral Maj. Gen. Larry R. Jordan, 0000 Johnsen) (Reference No. 751) Rear Adm. Michael L. Bowman, 0000 In the Navy there are two appointments to The following Army National Guard of the the grade of captain (list begins with Wil- United States officer for appointment in the The following-named officer for appoint- ment in the U.S. Navy to the grade indicated liam L. Richards) (Reference No. 752) Reserve of the Army to the grade indicated In the Navy there is one appointment to while assigned to a position of importance under title 10, United States Code, section the grade of commander (James R. Pipkin) and responsibility under title 10, United 12203: (Reference No. 753) States Code, section 601: To be major general To be vice admiral f Brig. Gen. Fletcher C. Coker, Jr., 0000 Vice Adm. Vernon E. Clark, 0000 INTRODUCTION OF BILLS AND The following-named officers for appoint- JOINT RESOLUTIONS ment in the U.S. Navy to the grade indicated (The above nominations were re- under title 10, United States Code, section ported with the recommendation that The following bills and joint resolu- 624: they be confirmed.) tions were introduced, read the first

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11343 and second time by unanimous con- By Mr. DASCHLE (for himself and Mr. on which they could earn a living and, sent, and referred as indicated: JOHNSON): further, to hold those lands in trust for S. 1341. A bill to provide for mitigation of By Mr. LIEBERMAN: them so they would not be sold or oth- S. 1329. A bill to prohibit the taking of cer- terrestrial wildlife habitat lost as a result of erwise lost. Once the United States the construction and operation of the Pick- tain lands by the United States in trust for takes land into trust for a tribe economically self-sufficient Indian tribes for Sloan Missouri River Basin program in the State of South Dakota, and for other pur- through this process, the land becomes commercial and gaming purposes, and for part of the tribe’s sovereign property. other purposes; to the Committee on Indian poses; to the Committee on Environment and Affairs. Public Works. This means that State and local gov- By Mr. SPECTER (for himself and Mr. By Mr. MURKOWSKI (for himself and ernments no longer have jurisdiction SANTORUM): Mr. THOMAS): over the land, and the land is removed S. 1330. A bill to designate the United S. 1342. A bill to amend title XVIII of the from those governments’ tax, zoning, States Post Office located at 450 North Cen- Social Security Act to increase access to and police powers. tre Street in Pottsville, Pennsylvania, as the quality health care in frontier communities Economic conditions for some tribes by allowing health clinics and health centers ‘‘Peter J. McClosky Postal Facility’’; to the have improved since 1934 through a va- Committee on Governmental Affairs. greater medicare flexibility and reimburse- By Mr. MCCAIN: ment; to the Committee on Finance. riety of commercial, agricultural, and S. 1331. A bill to amend title 49, United By Mr. LAUTENBERG: other enterprises, but many are still States Code, to enhance domestic aviation S. 1343. A bill to amend the Internal Rev- struggling. Few could be described as competition by providing for the auction of enue Code of 1986 to increase the excise tax rich or even comfortable; far too many slots at slot-controlled airports, and for rate on tobacco products and deposit the re- still live in poverty. The 1934 act other purposes; to the Committee on Com- sulting revenues into a Public Health and should remain available to help those merce, Science, and Transportation. Education Resource Trust Fund, and for tribes who still need assistance from By Mr. ENZI: other purposes; to the Committee on Fi- S. 1332. A bill to amend title 28, United nance. the Federal Government in attaining States Code, to recognize and protect State economic self-sufficiency. efforts to improve environmental mitigation f As our experience in Connecticut has and compliance through the promotion of shown, however, that act is now being voluntary environmental audits, including SUBMISSION OF CONCURRENT AND SENATE RESOLUTIONS used to achieve goals far removed from limited protection from discovery and lim- its original purpose. As a result of the ited protection from penalties, and for other The following concurrent resolutions Indian Gaming Regulatory Act of 1988, purposes; to the Committee on Environment and Senate resolutions were read, and and Public Works. many tribes have established casinos By Mr. FRIST: referred (or acted upon), as indicated: and gambling operations, and, al- S. 1333. A bill to amend the Land and By Mrs. MURRAY (for herself, Mr. though gaming has not brought riches Water Conservation Fund Act of 1965 to KEMPTHORNE, Mr. WELLSTONE, Mr. to many of those tribes, some have allow national park units that cannot charge AKAKA, Mr. CRAIG, Mr. LAUTENBERG, been very successful, particularly in an entrance or admission fee to retain other Mr. HOLLINGS, Mr. CHAFEE, Mr. my home State. One of the most suc- fees and charges; to the Committee on En- BRYAN, Ms. COLLINS, Mr. FORD, Mr. ergy and Natural Resources. SARBANES, Mr. ROCKEFELLER, Mr. cessful gambling casinos in the country By Mr. BOND (for himself, Mr. SHELBY, JEFFORDS, Mr. ROTH, Mr. KOHL, Mr. is located in eastern Connecticut and is Mr. WARNER, Mr. REID, Mr. JOHNSON, TORRICELLI, Mrs. FEINSTEIN, Mr. owned and operated by the Mashan- Mr. HOLLINGS, Mr. HUTCHINSON, Mr. ABRAHAM, Mr. WARNER, Mr. FRIST, tucket Pequot Tribe. The success of MACK, Mrs. MURRAY, Mr. ASHCROFT, Mr. DORGAN, Mr. SPECTER, Mr. ROBB): the tribe’s Foxwoods Casino has been Mr. CRAIG, Mr. BUMPERS, Mr. LEAHY, S. Res. 141. A resolution expressing the well chronicled. Established in 1992, the Ms. COLLINS, Mr. SESSIONS, Mr. sense of the Senate regarding National Con- casino has been open 24 hours a day, 7- ALLARD, Mr. BAUCUS, and Mrs. FEIN- cern About Young People and Gun Violence STEIN): Day; to the Committee on the Judiciary. days a week ever since. Whatever one S. 1334. A bill to amend title 10, United thinks about the Indian Gaming Regu- States Code, to establish a demonstration f latory Act or gambling, either morally project to evaluate the feasibility of using STATEMENTS ON INTRODUCED or as a vehicle for economic growth, the Federal Employees Health Benefits pro- BILLS AND JOINT RESOLUTIONS the Mashantucket Pequots seized the gram to ensure the availablity of adequate opportunity presented to them by the health care for Medicare-eligible bene- By Mr. LIEBERMAN: ficiaries under the military health care sys- Indian Gaming Act. They have devel- S. 1329. A bill to prohibit the taking oped an extraordinarily successful, tem; to the Committee on Armed Services. of certain lands by the United States in By Ms. SNOWE: well-run casino in record time. Annual S. 1335. A bill to amend title 5, United trust for economically self-sufficient casino revenues for the 500-member States Code, to ensure that coverage of bone Indian tribes for commercial and gam- tribe reportedly approach $1 billion. By mass measurements is provided under the ing purposes, and for other purposes; to any measure, the tribe has become health benefits program for Federal employ- the Committee on Indian Affairs. very wealthy. ees; to the Committee on Governmental Af- THE INDIAN TRUST LANDS REFORM ACT OF 1997 Given the tribe’s tremendous finan- fairs. By Mr. GRAHAM: Mr. LIEBERMAN. Mr. President, I cial success, it is not at all surprising S. 1336. A bill for the relief of Roy Desmond rise today to introduce legislation that it has decided to buy more land Moser; to the Committee on the Judiciary. aimed at returning some common sense near its reservation in order to expand S. 1337. A bill for the relief of John Andre to one aspect of the Federal Govern- and diversify its businesses. According Chalot; to the Committee on the Judiciary. ment’s Indian lands policies. My bill, to press accounts, the tribe owns over By Mr. KERREY: the Indian Trust Lands Reform Act of S. 1338. A bill to authorize the expenditure 3,500 acres outside of the boundaries of of certain health care funds by the Ponca 1997, arises out of a problem Con- its reservation, in addition to the ap- Tribe of Nebraska; to the Committee on In- necticut and other States have been proximately 1,320 acres that is held in dian Affairs. struggling with for the last few years. trust on its behalf within the reserva- By Mrs. HUTCHISON (for herself, Mr. The bill would amend the Indian Re- tion. The tribe is now the largest pri- GRAMM, Mrs. FEINSTEIN, and Mrs. organization Act of 1934 to reinforce its vate landowner in southeastern Con- BOXER): original purpose: helping Indian tribes necticut. It already runs several hotels S. 1339. A bill to provide for an increase in and individual Indians to hold on to or pay and allowances for members of the uni- outside of its reservation’s boundaries, formed services for fiscal year 1998, to im- obtain land they need to survive eco- and tribal leaders have at various prove certain authorities relating to the pay nomically and become self-sufficient. times talked of building a massive and allowances and health care of such mem- Congress passed the 1934 act after the theme park and golf courses on its off- bers, to authorize appropriations for fiscal landholdings of some tribes had dwin- reservation land. year 1998 for military construction, and for dled down to acres. Tribes and their The tribe owns its land in fee simple other purposes; to the Committee on Armed members were selling and losing land and so is free to develop it like any Services. to foreclosures, tax arrearages, and the other property owner might. But un- By Mr. DURBIN: S. 1340. A bill entitled the ‘‘Telephone Con- like. The 1934 act gave the Secretary of like other property owners—who must sumer Fraud Protection Act of 1997.’’; to the the Interior the authority needed to develop their land in compliance with Committee on the Judiciary. help tribes hold on to or acquire land State and local zoning laws and who

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11344 CONGRESSIONAL RECORD — SENATE October 29, 1997 must pay taxes on the land and on the size without there being any con- ita income of citizens of the United businesses conducted on the land—the sequences. As a result of the Casino’s States, as well as the role that the tribe has claimed it has the option, success, the character of the towns has lands at issue will play in the tribe’s under the 1934 act, to ask the Depart- been permanently altered, and the efforts to achieve economic self-suffi- ment of the Interior to take that land costs of local government—from crime ciency. May I note that I understand in trust on the tribe’s behalf, thereby prevention to road maintenance to that some tribes do not have reserva- removing the land from all State and countless other things—have increased, tions in the traditional sense, and so local jurisdiction. This is an option be- all at the same time that the 1934 act the language of this bill will have to be cause the Department of Interior inter- has precluded the towns from exer- adjusted in the future to address the prets the 1934 act as being available, cising zoning and other controls and situation of those tribes. with limitations, to all federally recog- from collecting taxes to help defray In short, my bill is very narrow in nized tribes, regardless of whether the the newly imposed costs. scope, aimed solely at ensuring that tribe’s situation bears any resemblance Given the financial resources of the the Department of Interior’s awesome to the conditions that originally tribe and the apparent willingness of power to remove lands from State and spurred Congress to enact the 1934 pro- the Department of Interior to take local authority is used only in accord- visions. land into trust on their behalf regard- ance with the original intent of the And, this is an option the less of any evidence that the tribe 1934 Act. The bill would not impose any Mashantucket Pequots have exercised. needs additional trust lands, many restrictions on the Department’s au- In 1992, the Department of Interior residents wonder where this will lead. I thority to take on-reservation land granted the tribe’s request to take into question the policy justification for the into trust. It would not affect the abil- trust approximately 20 acres located United States to change the boundaries ity of the Secretary to assist tribes outside the tribe’s reservation bound- of three Connecticut towns unilater- that genuinely need additional land— aries in the neighboring towns of ally so that an extraordinarily wealthy whether on or off their reservations—in Ledyard and Preston. In January 1993, tribe—this one or any other —can ex- order to move toward or attain eco- the tribe filed another application, this pand its gaming or other business en- nomic self-sufficiency. It would not one to have an additional 248 off- res- terprises, free of taxes and local land- even affect the ability of the Depart- ervation acres taken in trust. The af- use controls, particularly when that ment of Interior to take into trust off- fected towns of Ledyard, North tribe is perfectly capable of expanding reservation land for wealthy tribes Stonington, and Preston challenged its businesses on the thousands of trust needing the land for non-commercial purposes. The bill contains explicit ex- that request. Nevertheless, the Depart- and nontrust acres it presently owns. I emptions for the establishment of ini- ment of Interior granted that request question whether Congress—which en- tial reservations for Indian tribes, in May 1995, subject to certain condi- acted the 1934 act ‘‘to provide for the whether accomplished through recogni- tions regarding the land’s develop- acquisition, through purchase, of land tion by the Department of Interior or ment—a decision the towns and the for Indians, now landless, who are by an act of Congress, and in cir- Connecticut attorney general are chal- anxious to make a living on such land cumstances where tribes once recog- * * * ’’ and ‘‘to meet the needs of land- lenging in Federal court. In March 1993, nized by the Federal Government are the tribe applied to have 1,200 more off- less Indians and of Indian individuals restored to recognition. And, of course, reservation acres taken in trust. That whose landholdings are insufficient for it does not impact the ability of request was sent back to the tribe be- self-support’’ (Senate Report No. 1080, wealthy tribes to buy as much land as cause of legal deficiencies in the appli- 73d Congress, 2d Session 1–2 (1934))—in- they want for whatever purpose they cation, but reapplication by the tribe is tended in 1934 that the law would be want it. The only thing my bill does do expected, and past statements by tribal used in this fashion. is to require tribes who are economi- The authority for the Department of leaders suggest that more applications cally self-sufficient and who wish to Interior to grant the tribe’s request is may be filed in the future. engage in commercial activity outside The effect of the tribe’s and the De- now subject to review in the courts. of their reservation’s boundaries to do partment of Interior’s decisions involv- The courts will have to decide whether so in compliance with the same local ing off-reservation lands has been un- the 1934 act even applies to this tribe land-use and tax laws applied to every settling, to say the least, on the tribe’s and, if so, whether the Secretary acted other land holder. neighbors—the residents of the small properly. The courts will have to de- Mr. President, many residents of towns that border the reservation. cide as well whether the 1983 Connecticut applaud the success that Once the United States takes land into Mashantucket Pequot Settlement Act the Mashantucket Pequot Tribe has trust on behalf of a tribe, as it has at- independently prohibits trust acquisi- had with its Foxwoods Casino. The tempted to do here, boundaries change tion by the tribe outside of reservation tribe employs thousands of Con- permanently. The land is no longer boundaries and whether the trust ac- necticut residents in an area of the within the jurisdiction of the State or quisition complied with applicable Fed- State that was hard hit by a lingering local governments. It is not subject to eral environmental laws. recession and cuts in defense spending. local zoning, land-use or environ- To avoid future disputes and con- The tribe’s plans for economic develop- mental controls. Taxes cannot be col- troversy, my bill would amend the In- ment of the region, while not univer- lected on the land or on any business dian Reorganization Act to return to sally liked, have many in the area operated on the land. And State and its original purpose. It would prohibit genuinely excited about future oppor- local governments may exercise no po- the Secretary of Interior from taking tunities. lice powers on the land unless invited any lands located outside of the bound- I have discovered though that even by the tribe to do so. aries of an Indian reservation into among residents cheered by the tribe’s The plight of the towns surrounding trust on behalf of an economically self- success and supportive of its plans, the Mashantucket Pequot lands show sufficient Indian tribe, if those lands there is a strong sense of unfairness that these problems are not just theo- are to be used for gaming or any other about how the land in trust process is retical. Ledyard, North Stonington, commercial purpose. It directs the Sec- being used. They believe there is no and Preston are small communities retary of Interior to determine, after reason why this tribe, or any other in whose combined population is about providing opportunity for public com- a similar situation, needs to have the 25,000—less than half the number of ment, whether a tribe is economically U.S. Government take additional, com- visitors the Foxwoods Casino receives self-sufficient and to develop regula- mercial land in trust on the tribe’s be- on a typical summer weekend. The tions setting forth the criteria for half outside of its reservation bound- towns have a combined annual tax rev- making that determination generally. aries. What is at stake here, after all, enue of approximately $25 million—less Among the criteria that the Secretary is not preserving a culture or achieving than half the amount of revenue the must include in those regulations to self-sufficiency, but expansion of an al- casino’s slot machines generate in 1 assess economic self-sufficiency are the ready successful business on lands that month alone. Obviously, towns of this income of the tribe, as allocated among are owned by the tribe and developable size cannot absorb a business of this members and compared to the per cap- by them, as they would be by any other

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11345 landowner. Extra help is simply not tribe (including the income of all tribal en- third, perimeter rules prohibiting needed, and continuing to grant it is terprises of the Indian tribe) among members flights at airports that exceed a certain not fair and, in my view, ultimately of the Indian tribe with the per capita an- distance. In addition, according to counterproductive for all involved. nual income of citizens of the United States; GAO, several factors have limited and It is time for Congress to make this ‘‘(ii) the potential contribution of the entry at airports serving small- and common-sense clarification in the law. lands at issue as trust lands toward efforts of medium-sized communities in the East I urge my colleagues to join me in sup- the Indian tribe involved to achieve eco- and upper Midwest, including the domi- porting this legislation, and ask unani- nomic self-sufficiency. nance of routes to and from those air- mous consent that the text of the bill ‘‘(c) TREATMENT OF CERTAIN LANDS.—Sub- ports by one or two established air- appear in the RECORD. section (b) shall not apply— lines. The GAO concluded that oper- There being no objection, the bill was ‘‘(1) with respect to any lands that are ating barriers such as slot controls at taken by the Secretary of the Interior in the ordered to be printed in the RECORD, as name of the United States in trust, for the nearby hub airports, and incumbent follows: establishment of an initial reservation for an airlines marketing strategies’ have for- S. 1329 Indian tribe under applicable Federal law, tified those dominant positions. Be it enacted by the Senate and House of including the establishment of an initial res- The National Commission to Ensure Representatives of the United States of America ervation by the Secretary of the Interior in a Strong Competitive Airline Industry in Congress assembled, accordance with an applicable procedure of in 1993 recommended that the artificial SECTION 1. SHORT TITLE. acknowledgement of that Indian tribe, or as limits imposed by slots either be re- This Act may be cited as the ‘‘Indian Trust otherwise prescribed by an Act of Congress; moved or raised to the highest level Lands Reform Act of 1997’’. or ‘‘(2) to any lands restored to an Indian consistent with safety. The Depart- SEC. 2. PROHIBITION AGAINST TAKING CERTAIN tribe as the result of the restoration of rec- ment of Transportation subsequently LANDS IN TRUST FOR AN INDIAN conducted a study, in which it found TRIBE. ognition of that Indian tribe by the Federal Section 5 of the Act of June 18, 1934 (com- Government.’’. that eliminating slots would not affect monly known as the ‘‘Indian Reorganization safety and would result in increased Act of 1934’’) (48 Stat. 985; 25 U.S.C. 465) is By Mr. MCCAIN: competition. This bill, however, does amended— S. 1331. A bill to amend title 49, not suggest that we eliminate slots. (1) by striking the section designation and United States Code, to enhance domes- Mr. President, I would like to outline inserting immediately preceding the first tic aviation competition by providing what the Aviation Competition En- undesignated paragraph the following: for the auction of slots at slot-con- hancement Act of 1997 does: ‘‘SEC. 5. ACQUISITION OF LANDS.’’; trolled airports, and for other purposes; Slot auction: The legislation man- (2) in the first undesignated paragraph, by to the Committee on Commerce, dates a slot allocation among new en- striking ‘‘The Secretary of the Interior’’ and Science, and Transportation. trant and limited incumbent air car- inserting the following: THE AVIATION COMPETITION ENHANCEMENT ACT riers—air carriers that hold no more ‘‘(a) IN GENERAL.—Except as provided in OF 1997 subsection (b), the Secretary of the Inte- than 12 slots. The Secretary of Trans- rior’’; Mr. MCCAIN. Mr. President, I am portation is directed to create new (3) in the undesignated paragraph following pleased to introduce the Aviation Com- slots where possible, and allocate un- subsection (a), as redesignated, by striking petition Enhancement Act of 1997. This used slots. ‘‘For the’’ and inserting the following: bill seeks, in a modest and rational If it is not possible to create slots be- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— fashion, to deregulate further our do- cause of capacity and noise limita- For the’’; mestic aviation system, and to intro- tions, which are not affected by this (4) in the undesignated paragraph following duce additional competition in the air- bill, the Secretary must withdraw a subsection (d), as redesignated, by striking line industry for the benefit of trav- ‘‘The unexpended’’ and inserting the fol- limited number of slots—up to 10 per- lowing: elers and communities. cent initially, 5 percent every 2 years ‘‘(e) AVAILABILITY OF UNEXPENDED BAL- This legislation is intended to reduce following—that were grandfathered ANCES.—The unexpended’’; barriers to airline competition, includ- free-of-charge to the major air carriers (5) in the undesignated paragraph following ing those imposed by the government. in 1985 and that remain with those subsection (e), as redesignated, by striking Anticompetitive Federal restrictions grandfathered carriers. The DOT can- ‘‘Title to’’ and inserting the following: in particular—restrictions such as slot not withdraw slots that are used to ‘‘(f) EXEMPTION FROM TAXATION.—Title to’’; controls and the perimeter rule at Na- provide air service to under served and tional Airport—are barriers to com- (6) by inserting after subsection (a) the fol- markets. The withdrawn slots then will lowing: petition in a deregulated environment. be auctioned among only the new en- ‘‘(b) PROHIBITION.— The Department of Transportation trant and limited incumbent air car- ‘‘(1) IN GENERAL.—Except with respect to [DOT], in a report released on October riers. lands described in subsection (c), the Sec- 22, 1997, reiterated its 1990 study on do- The process for obtaining slots would retary of the Interior may not take, in the mestic competition, which dem- be as follows. A new entrant or limited name of the United States in trust, for use onstrated relatively high fares at net- incumbent air carrier would apply to for any commercial purpose (including gam- work hubs dominated by one major the DOT for slots, proposing the mar- ing, as that term is used in the Indian Gam- carrier. In an April 1996 study, the DOT ing Regulatory Act (25 U.S.C. 2701 et seq.)) by kets to be served and the times re- an economically self-sufficient Indian tribe, estimated that almost 40 percent of do- quested. The DOT must approve the ap- any land that is located outside of the res- mestic passengers traveled in markets plication if it determines that the car- ervation of that Indian tribe as of the date of with low-fare competition, saving con- rier can operate the proposed service enactment of the Indian Trust Lands Reform sumers an estimated $6.3 billion annu- for at least 180 days, and that the serv- Act of 1997. ally in airline fares. As the Department ice will improve the competitive envi- ‘‘(2) DETERMINATION OF ECONOMIC SELF-SUF- states in its most recent report, ronment. The DOT can return the re- FICIENCY.— ‘‘[i]ndeed, we concluded that virtually quest to the applicant for further infor- ‘‘(A) IN GENERAL.—The Secretary of the In- all of the domestic traffic growth and terior shall, after providing notice and an op- mation. portunity for public comment, determine declines in average fares in recent While service to any city is eligible whether an Indian tribe is economically self- years could be attributed to this grow- under this process, the DOT must sufficient for purposes of this subsection. ing form of competition.’’ prioritize applications that propose The Secretary of the Interior shall issue reg- The General Accounting Office [GAO] service between a high-density airport, ulations pursuant to section 553 of title 5, reported in October 1996 that barriers a slot-controlled airport—National, United States Code, to prescribe the criteria to market entry persist in the airline Kennedy, LaGuardia, and O’Hare, and a that shall be used to determine the economic industry, and that access to airports relatively small city. self-sufficiency of an Indian tribe under this continue to be impeded by, first, Fed- All slot auction proceeds would be subsection. ‘‘(B) CRITERIA.—The criteria described in eral limits on takeoff and landing slots deposited in the aviation trust fund. subparagraph (A) shall include— at the major airports in Chicago, New The legislation directs the DOT to in- ‘‘(i) a comparison of the per capita alloca- York, and Washington; second, long- stitute action to ensure maximum slot tion of the gross annual income of an Indian term exclusive-use gate leases; and usage, to tighten up the 80 percent use-

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11346 CONGRESSIONAL RECORD — SENATE October 29, 1997 or-lose provisions, and to study the ef- and competitive air fares for travelers. should do whatever is reasonable to en- fect of the high-density rule on airline It would not result in either increased hance competition. competition, and the impact of changes noise or diminished safety. I believe Airline competition has proven bene- to the rule on safety. that a service diversity and safety will ficial. Since the airline industry was Complaints concerning predatory be- be enhanced, as they always are in a deregulated, fares have fallen, and havior: The legislation establishes a 90- competitive regime. The incumbent service options have increased on aver- day deadline for the DOT to respond to carriers should not be afraid of com- age across all communities. The major complaints of predatory behavior on petition, or fear that their passengers carriers deserve credit for responding the part of major air carriers. will be taken away. This legislation well to competitive challenges. In addi- Exemptions to perimeter rule at Na- would result in more competition and tion, many of the benefits of deregula- tional Airport: The bill mandates that economical flights, which will allow tion can be attributed to the entry of the Secretary grant exemptions from more people to fly. so called low-fair airlines into the mar- the perimeter rule to an air carrier Most of my colleagues know that I ketplace. The low-fare airlines have in- proposing to serve Washington Na- would prefer to get rid of the perimeter creased competition, and have enabled tional from points beyond the perim- rule, as well as slot restrictions, in a more people to fly than ever before. Air eter, if the carrier’s proposal would, manner consistent with safety. My ef- traffic has grown as a result, and all first, provide service with network ben- forts to do so over the past decade, predictions are that it will continue to efits, and second, increase competition however, have encountered extreme re- grow steadily over the next several in multiple markets. The proposal stip- sistance. As a result, I have scaled years.. ulates that the Secretary should not back my original proposals signifi- Although competition exists, there approve applications that propose to cantly in an effort to address the con- are also barriers to airline competi- trade under served markets within the cerns of airlines and others who will tion. The bill that Senator MCCAIN has perimeter for long-haul markets that not let legislation of that magnitude introduced today would loosen some of are well served from the Washington pass. In turn, I ask that the protectors the anticompetitive Federal restric- region. of the status quo recognize my legiti- tions on the Nation’s aviation system. The legislation would not affect the mate concerns about competition, and These restrictions, such as slot con- cap on the number of hourly operations fair access for all travelers to airports trols and the perimeter rule at Na- at Washington National. The number that make up a national aviation sys- tional Airport, inhibit competition. As of flights at National would not in- tem, paid for by all taxpayers. I must a result, the benefits of deregulation crease. Commercial aircraft operations say that all I have heard thus far from have been limited in certain commu- at National Airport are limited to 37 my opponents is that there is no prob- nities. takeoffs and landings per hour. This re- lem. I understand that changing the sta- quirement stands independent of the I do not assert that this bill rep- tus quo by easing existing barriers is perimeter rule. In addition, strict noise resents a magical, painless solution. I difficult. Airline businesses and serv- restrictions currently in place at Na- do assert emphatically, however, that ices have evolved under these barriers. tional Airport would not be affected, it is modest in nature, and that it is Airlines, airports, communities, and nor would Federal Aviation Adminis- open to debate as the Congress moves consumers have all grown accustomed tration requirements ensuring that all forward on this and similar proposals. to these barriers. This should not pre- aircraft flying into National, regard- In the House of Representatives, Avia- vent us, however, from examining the less of the time of day, meet the most tion Subcommittee Chairman JIMMY adverse impacts of these barriers and stringent noise standards by the year DUNCAN intends to introduce an avia- exploring reasonable measures to re- 2000. tion competition bill. Representative move them. All exemption operations would be DUNCAN and I have worked together on I would also note that Senator limited to stage 3 aircraft. The legisla- a number of provisions, and will con- MCCAIN’s bill would require the Depart- tion would require the DOT to certify tinue to do so as we proceed. I com- ment of Transportation to respond to periodically that noise, air traffic con- mend him for his effort and foresight. I complaints of predatory behavior on gestion, airport-related vehicular con- can say the same for Senate Aviation the part of major airlines within 90 gestion, safety standards, and adequate Subcommittee Chairman GORTON, who days. There are numerous industry air service to communities within the has demonstrated exceptional interest practices that warrant close scrutiny. perimeter have not been degraded as a and leadership in this area. Take for example computer reservation result of this exemption authority. In addition, I understand that several systems. Airline travelers usually buy The fact is that changes in the pe- of my Commerce Committee col- tickets through travel agents, who al- rimeter rule to allow some measure of leagues, including Senators HOLLINGS most always use a Computer Reserva- flights outside the distance limit may and FORD, are working on their own tion System to determine what airline very well reduce noise at National, as competition proposals. I believe that fares are available, and to make book- carriers replace older, short-hop air- all of this activity is a clear indication ings. Each of the Computer Reserva- craft with newer, longer range aircraft that there is a problem with respect to tion Systems operating in the United that are quieter. The next generation domestic aviation competition. I look States is entirely or predominately of long-haul Boeing 737 aircraft, for in- forward to working with my colleagues owned by one or more airlines or air- stance, will offer increased range along in a bipartisan fashion on a solution. line affiliates. This certainly gives with significantly less noise. In addi- Mr. GORTON. Mr. President, I would these airlines and affiliates the ability tion, a number of flight deck improve- urge my colleagues to give their full to prejudice the competitive position ments represent safety features not attention and consideration to the of other airlines if not checked. Any found in the older aircraft. Aviation Competition Enhancement airline that believes it is being sub- As a means of derailing efforts to re- Act of 1997 that Senator MCCAIN has jected to predatory behavior deserves a form the perimeter rule, some have im- just introduced. I would also recognize timely response from the Department pugned my motives, suggesting that Senator MCCAIN for his tireless efforts of Transportation. my secret purpose is to convenience to address barriers to competition in Again, I would urge my colleagues to my own travel between Washington the airline industry, and to provide take time from their busy schedules to and Arizona. I find this charge weari- better air service for consumers. Sen- consider Senator MCCAIN’s bill, and to some and offensive. Even so, to allay ator MCCAIN has devoted much time to provide their thoughts and insights on these concerns, I have pledged not to consideration of this issue. this important matter. take a nonstop flight from Washington Compettion is a hallmark of our Na- National to Arizona should such an op- tion, and the benefits of competition By Mr. ENZI: portunity ever result from this legisla- are clear. Studies show time and again S. 1332. A bill to amend title 28, tion. that competition improves products United States Code, to recognize and This bill would result in more com- and services, and reduces costs to con- protect State efforts to improve envi- petition, with more convenient options sumers. When possible, the Congress ronmental mitigation and compliance

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11347 through the promotion of voluntary view its operations—that would be vol- assertions from our own State attorney environmental audits, including lim- untary. Without audit protection, that general that the law did not com- ited protection from discovery and lim- business would take on a big risk—a promise our enforcement authority. ited protection from penalties, and for risk big enough so that most small en- Wyoming’s scenario is not unique. other purposes; to the Committee on tities would never undertake a vol- Working with other States where this Environment and Public Works. untary audit. The risk is that once has happened has led me to offer this THE STATE ENVIRONMENTAL AUDIT PROTECTION they spend the money to review their piece of legislation. ACT activities, if they find a violation and The strange thing I find is that the Mr. ENZI. Mr. President, I rise today report it, they face both fines and EPA touts the value of audits. The con- to introduce the State Environmental cleanup expenses. Furthermore, if they cept has been trumpeted as part of Audit Protection Act. It is a bill that don’t report it, they risk criminal ac- their reinventing environmental regu- would improve environmental quality tivity by knowingly violating the law. lation initiative and a final policy on across this Nation by enlisting the vol- Faced with the liabilities, without an audits was released in early 1996. Ad- untary aid of people to seek out envi- audit law, most people would not vol- ministrator Carol Browner called it, ‘‘a ronmental problems and to correct vio- untarily police themselves. The risks policy that provides real incentives for lations using State environmental are too big. Folks choose instead to industry and others to voluntarily audit laws. This legislation would pro- just take their chances and wait for identify and correct environmental vide protection for those States that the inspectors. After all, inspectors violations.’’ have fully debated the issue and after only visit 2 percent of all regulated en- President Clinton in his 1995 State of the debate, have chosen to enact ag- tities anyway. Just 2 percent, Mr. the Union Address, stressed the need gressive and proactive environmental President. for more common sense and fairness in audit laws. How do we encourage the other 98 our environmental regulations. He rec- First, I would like to explain briefly percent to really think about their en- ognized the limitations of the com- what an audit law is and how it works. vironmental performance? mand and control approach. He stated State legislatures have chosen to enact Audit laws recognize good-faith ef- that ‘‘Washington is not the source of many different kinds of audit laws with forts to improve environmental com- all answers and that we should shift varying levels of incentives. It is im- pliance. They encourage people to look more decision-making authority from portant to note that audit laws are not for problems and know with assurance the Federal Government to States, all the same. This concept is appar- that they won’t be penalized for their tribes and local communities.’’ ently lost on those who try to mis- efforts. Apparently the EPA feels the States characterize every audit law in the Today, Mr. President, 24 States have are not ready to handle audits. Appar- most sinister and fearful terms. It is enacted some form of audit law; 16 ently, Mr. President, State attorneys important that we recognize the dif- more have legislation pending. These general are unable to verify with cer- ference. laws have been on the books for several tainty that audit laws are reasonable. The purpose of audit laws are to pro- years in some States and I would point In its own astonishing way—and in vide incentives for regulated entities out—you don’t see the examples of seeming contradiction to its own objec- to search for and disclose environ- abuses that many claimed would occur tives—the EPA remains opposed to mental violations and to clean them up during the State legislative debates. State efforts to reinvent command and at their own expense. Entities cover all Wyoming is one of the States that control through the use of audits. kinds of groups with operations that has passed an audit law. I was the The problem with EPA’s audit policy may have an effect on the environ- prime sponsor in that process during is that ordinary people do not want to ment, such as businesses, schools, hos- my time in the Wyoming State Senate. use it. Big business will agree to nego- pitals, towns, and counties. The incen- I studied examples and results from tiate with the EPA. They will enter tives can range from relief from pen- other States that had gone through the into cooperative agreements and con- alties to protection of voluntarily process. I worked closely with our sent agreements because they have en- gathered information. The incentives State Department of Environmental tire departments of environmental liti- usually require full disclosure and due Quality and with members of the regu- gators. diligence in correcting violations. lated community. I worked with var- Small businesses don’t have that. When there is protection of informa- ious resource and conservation groups They don’t trust the EPA. They see the tion, some States simply agree not to in Wyoming and we crafted a bill that EPA Office of Compliance Assistance inspect based on disclosure of an audit, provides very reasonable incentives for trying to help them out, while Crimi- others go further by allowing that cer- people to review their operations and nal Enforcement across the hall is con- tain documents will not be used clean up the problems they find. We cocting ways to put them in jail—and against the entity in enforcement ac- provided no criminal immunity or boy would those offices love to work tions. criminal privilege. We deferred to Fed- together. The EPA has little account- It is important to keep in mind when eral laws wherever conflicts existed. ability to folks at home. It is just too considering protection of documents There was a consensus. The bill made unpredictable. That is why people need that audits are conducted in good it out of committee unanimously and statutory protection before they will faith. By definition, any information then passed the House and the Senate take on the potential liability of au- that is compiled is voluntary and as by more than a two-thirds majority. dits. such is above and beyond what is oth- We had a vigorous debate in Wyo- I would like to take a minute to ex- erwise required by law. Following from ming. In the end, after all the public plain my approach to the issue. The that, any disclosures are a net gain deliberation, we passed a reasonable legislation I am introducing would pro- above traditional enforcement. bill. But it was a consensus of the leg- vide a safe-harbor for State laws that Consider for a moment, Mr. Presi- islators elected by the people of Wyo- fit within certain limits. It would not dent, the decisions a small business ming. When I got to Washington, sev- give any authority to any State unless faces with regard to its environmental eral States were meeting with the they go through the full legislative performance. Many small businesses EPA. The EPA was using threats of process, including all of the local dis- are already required to monitor and re- overfiling and delayed approval of cussion and debate that entails. That is port certain emissions and audit pro- State enforcement programs. Over- a critical part of this process and some- tections do not cover those reports. filing means the EPA could use a docu- thing we should recognize. The bound- But consider a business that is not on ment done at extra expense and expo- aries of the safe-harbor we create an inspection schedule and has no re- sure to a company in order to be sure would describe what State laws may quired emissions reporting. If that en- there was no harm to the environment, provide: tity wants to review its performance only to find the EPA could use those Limited protection from discovery under environmental laws, it would documents as a road map for levying for audit information—but only infor- have to conduct a study. It would have fines. The EPA wanted us to change mation that is not required to be gath- to pay an auditor to come in and re- the Wyoming law—in spite of repeated ered. All legal reporting requirements

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Note, the protection will and power. lated entities; not cover criminal actions, and the law Shortly after promoting its own (5) the protections offered by the amend- must preserve the ability of regulators audit policy as a reinvention of regula- ments made by this Act do not relieve regu- to halt activities that pose imminent tion, the EPA was quick to remind lated entities from the need to comply with danger to public health. that State audit laws ‘‘would cause en- otherwise applicable requirements to dis- Third, if a State law falls within the vironmental programs delegated to close information under Federal, State, or safe-harbor, the EPA would be prohib- local environmental laws; and states * * * to revert to national con- (6)(A) law and regulatory policies provide ited from withholding State enforce- trol at EPA.’’ Since then, they have ample precedent for the constructive use of ment authority or overfiling against used their leverage to compel States to voluntary audits; individuals simply because of the modify laws in accordance with the (B) the final policy on the use of environ- State’s audit law. will of EPA guidelines. mental audits (60 Fed. Reg. 66706) issued by Last, the bill would require an an- This absolute circumvention of the the Administrator of the Environmental nual State performance report that democratic process is astonishing to Protection Agency— will help measure the success of dif- me. As a former State legislator, I (i) provides incentives for conducting au- ferent laws, so we can see what works dits; and think it is a tragedy that the EPA is (ii) includes limited protection from dis- and what doesn’t. denying States the chance to test rea- covery and disclosure of audit information I want to point out that this legisla- sonable and innovative solutions to a and discretionary relief from an enforcement tion will not dilute enforcement. There cleaner environment. Instead of pro- action for voluntary disclosure of violations; are safeguards to ensure that State moting reinvention, the EPA is perpet- (C) Advisory Circular 120–56, issued by the audit laws always act to supplement— uating an environmental race to medi- Administrator of the Federal Aviation Ad- not to supplant—existing enforcement. ocrity. ministration, commits to a policy of cooper- It is important to note that. Audits are Some of the people listening may ative problem-solving and use of self-evalua- an affirmative tool. Used properly, wonder how Wyoming’s audit law has tion incentives as a means of enhancing they can only be used to improve envi- aviation safety in the commercial airline in- fared. Well, Mr. President, I am proud dustry; and ronmental conditions above the status to report that after repeated delays (D) the Equal Credit Opportunity Act (15 quo. They do not protect any entity from the EPA on our title 5 clean air U.S.C. 1691 et seq.) provides discovery protec- from regular inspection or monitoring. permits, and after threats to withdraw tion for information developed by creditors The principle of audit incentives is delegation of other programs—the EPA as a result of self-tests that are voluntarily simple and reasonable. It is no surprise has finally decided that statutory conducted to determine the level of compli- to me that nearly half of our States changes may not be necessary in Wyo- ance with that Act. have chosen to enact some form of ming’s law, even though there remain SEC. 3. VOLUNTARY AUDIT PROTECTION. audit legislation. It is a positive tool (a) IN GENERAL.—Part VI of title 28, United problems to be worked out. States Code, is amended by inserting after that helps people understand and com- At least, Mr. President, that’s what chapter 176 the following: ply with environmental laws. It gives they tell us today. They just might ‘‘CHAPTER 177—VOLUNTARY AUDIT people a chance to ask questions with- change their minds tomorrow. It is no PROTECTION out being penalized. It gives them the wonder that Wyomingites are afraid to ‘‘Sec. chance to figure out what they are use our State audit law. ‘‘3601. Recognition of State efforts to provide doing wrong and fix it—without adding I feel it is time we put this issue to voluntary environmental audit steep penalties to the cost of compli- rest by defining a ‘‘safe-harbor’’ and incentives. ance. This bill will put into law meth- giving State laws the certainty they ‘‘3602. Performance Report. ‘‘3603. Definitions. ods that have been tested and work. need to be effective. I would encourage Mr. President, small business owners ‘‘§ 3601. Recognition of State efforts to pro- Members to take a look at this bill and vide voluntary environmental audit incen- don’t take time to read the layer after to support it. tives layer of byzantine regulations con- Mr. President, I ask unanimous con- ‘‘(a) VOLUNTARY ENVIRONMENTAL AUDIT IN- structed by Washington lawyers. I sent that the text of the bill be printed CENTIVE LAWS.— know because my wife and I were small in the RECORD. ‘‘(1) LIMITED PROTECTION FROM DIS- business owners for 26 years. In a small There being no objection, the bill was COVERY.— business, the owner is the same one ordered to be printed in the RECORD, as ‘‘(A) IN GENERAL.—Except as provided in who counts the change, helps the cus- follows: subparagraph (C), a State law may provide that a voluntary environmental audit report, tomers and vacuums the floor. S. 1332 He or she has to stay in business, or a finding, opinion, or other communica- Be it enacted by the Senate and House of Rep- tion related to and constituting part of a make payroll, and keep up with con- resentatives of the United States of America in voluntary environmental audit report, shall stantly evolving mandates from a Congress assembled, not be— never-ending supply of Federal attor- SECTION 1. SHORT TITLE. ‘‘(i) subject to discovery or any other in- neys. And while the small business This Act may be cited as the ‘‘State Envi- vestigatory procedure governed by Federal, owner has many jobs, these attorneys ronmental Audit Protection Act’’. State, or local law; or have only one job, to create and modify SEC. 2. FINDINGS ‘‘(ii) admissible as evidence in any Federal, mandates and to investigate citizens. Congress finds that— State, or local judicial action or administra- There are over 17,000 employees at the (1) consistent with the purpose of vol- tive proceeding. untary environmental audits of enhancing ‘‘(B) TESTIMONY.—Except as provided in EPA and now, in spite of the rhetoric United States environmental mitigation ef- subparagraph (C), a State law may provide about reinventing regulations, they forts, it is in the interest of the United that an entity, or an individual who per- want funds for another 200 enforcement States to allow and encourage States to forms a voluntary environmental audit on police. enact and implement such incentive pro- behalf of the entity, shall not be required to We don’t need more police to improve grams as are consistent with the specific and give testimony in any Federal, State, or environmental compliance—we need respective needs and situations of the States; local judicial action or administrative pro- translators to interpret the regula- (2) State environmental incentive laws ceeding concerning the voluntary environ- tions. should be allowed and encouraged by the mental audit. But the fact is, the heavy-handed, Federal government as a means of enabling ‘‘(C) INFORMATION NOT SUBJECT TO PROTEC- regulated entities to set minimum require- TION.—The protections described in subpara- command and control approach works ments in environmental mitigation efforts graphs (A) and (B) shall not apply to any in- well for the EPA—especially in Wash- by the entities; formation that is otherwise required to be ington. Here I am beginning to see the (3) a strong regulatory enforcement effort disclosed under a Federal, State, or local process by which they protect and ex- is necessary to ensure compliance with Fed- law.

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‘‘(2) LIMITED PROTECTION FOR DISCLOSURE.— ‘‘(1) COVERED FEDERAL LAW.— ‘‘(B) assignment of overall responsibility ‘‘(A) IN GENERAL.—Except as provided in ‘‘(A) IN GENERAL.—The term ‘covered Fed- for overseeing compliance with policies, subparagraph (B), a State law may provide eral law’ means— standards, and procedures, and assignment of that an entity that promptly discloses infor- ‘‘(i) the Federal Insecticide, Fungicide, and specific responsibility for ensuring compli- mation about noncompliance with a covered Rodenticide Act (7 U.S.C. 136 et seq.); ance at each facility or operation; Federal law, that is discovered as a result of ‘‘(ii) the Toxic Substances Control Act (15 ‘‘(C) a mechanism for systematically en- a voluntary environmental audit or through U.S.C. 2601 et seq.); suring that compliance policies, standards, a compliance management system, to an ap- ‘‘(iii) the Federal Water Pollution Control and procedures are being carried out, includ- propriate Federal, State, or local official Act (commonly known as the ‘Clean Water ing— may be protected, in whole or in part, from Act’) (33 U.S.C. 1251 et seq.); ‘‘(i) a monitoring or auditing system that an enforcement action in a Federal, State, or ‘‘(iv) the Oil Pollution Act of 1990 (33 is reasonably designed to detect and correct local judicial or administrative proceeding. U.S.C. 2701 et seq.); a violation; and ‘‘(B) DISCLOSURE NOT SUBJECT TO PROTEC- ‘‘(v) the Safe Drinking Water Act (42 U.S.C. ‘‘(ii) a means for an employee or agent to TION.—A State law described in subparagraph 300f et seq.); report a violation of an environmental re- (A) shall not apply to noncompliance with a ‘‘(vi) the Noise Control Act of 1972 (42 quirement without fear of retaliation; covered Federal law that is— U.S.C. 4901 et seq.); ‘‘(D) an effort to communicate effectively ‘‘(i) not discovered voluntarily; or ‘‘(vii) the Solid Waste Disposal Act (42 the standards and procedures of the person ‘‘(ii) the result of a willful and knowing U.S.C. 6901 et seq.); or government entity to employees and agents of the person or government entity; violation or gross negligence by the entity ‘‘(viii) the Clean Air Act (42 U.S.C. 7401 et ‘‘(E) an appropriate incentive to managers disclosing the information. seq.); and employees of the person or government ‘‘(b) PROHIBITED FEDERAL ACTIVITIES.—A ‘‘(ix) the Comprehensive Environmental entity to perform in accordance with any Federal agency shall not— Response, Compensation, and Liability Act compliance policy or procedure of the person ‘‘(1) refuse to delegate enforcement author- of 1980 (42 U.S.C. 9601 et seq.); or government entity, including consistent ity under a covered Federal law to a State or ‘‘(x) the Emergency Planning and Commu- enforcement through an appropriate discipli- local agency or refuse to approve or author- nity Right-To-Know Act of 1986 (42 U.S.C. nary mechanism; and ize a State or local program under a covered 11001 et seq.); Federal law because the State has in effect a ‘‘(F) a procedure for— ‘‘(xi) the Pollution Prevention Act of 1990 ‘‘(i) the prompt and appropriate correction voluntary environmental audit incentive (42 U.S.C. 13101 et seq.); law; of any violation of law; and ‘‘(xii) the Endangered Species Act of 1973 ‘‘(ii) making any necessary modifications ‘‘(2) make a permit, license, or other au- (16 U.S.C. 1531 et seq.); thorization, a contract, or a consent decree to the standards or procedures of the person ‘‘(xiii) chapter 51 of title 49, United States or government entity to prevent future vio- or other settlement agreement contingent on Code; a person waiving any protection under a lations of law. ‘‘(xiv) section 13 or 16 of the Act entitled ‘‘(5) FEDERAL AGENCY.— State voluntary environmental audit incen- ‘An Act making appropriations for the con- tive law; or ‘‘(A) IN GENERAL.—The term ‘Federal agen- struction, repair, and preservation of certain cy’ has the meaning given the term ‘agency’ ‘‘(3) take any other action that has the ef- public works on rivers and harbors, and for fect of requiring a State to rescind or limit in section 551 of title 5, United States Code. other purposes’, approved March 3, 1899 (com- ‘‘(B) INCLUSIONS.—The term ‘Federal agen- any protection of a State voluntary environ- monly known as the ‘River and Harbor Act mental audit incentive law. cy’ includes any agency or instrumentality of 1899’) (33 U.S.C. 407, 411); of an Indian Tribe with authority to admin- ‘‘§ 3602. Performance report ‘‘(xv) the Surface Mining Control and Rec- ister or enforce a covered Federal law. ‘‘(a) IN GENERAL.—Section 3601 shall not lamation Act of 1977 (30 U.S.C. 1201 et seq.); ‘‘(6) REGULATED ENTITY.— apply to a State voluntary environmental and ‘‘(A) IN GENERAL.—The term ‘regulated en- audit incentive law unless the appropriate ‘‘(xvi) any other law enacted after the date tity’ means a person regulated under a cov- State agency compiles and submits to appro- of enactment of this chapter that addresses ered Federal law, including an officer, agent, priate Federal agencies an annual report in subject matter similar to a law listed in or employee of the person. accordance with this section on the perform- clauses (i) through (xv). ‘‘(B) EXCLUSIONS.—The term ‘regulated en- ance of the State voluntary environmental ‘‘(B) INCLUSIONS.—The term ‘covered Fed- tity’ does not include an entity owned or op- audit incentive law during the previous cal- eral law’ includes— erated by a Federal or State agency. endar year. ‘‘(i) a regulation or other binding agency ‘‘(7) STATE AGENCY.—The term ‘State agen- ‘‘(b) PROVISIONS OF REPORT.—The perform- action issued under a law referred to in sub- cy’ means an agency or instrumentality of ance report shall include— paragraph (A); the executive branch of a State or local gov- ‘‘(1) the number of noncompliance disclo- ‘‘(ii) the terms and conditions of a permit ernment with the authority to administer or sures that were received by the State pursu- issued or other administrative action taken enforce any covered Federal law, including ant to the State voluntary environmental under a law referred to in subparagraph (A); an agency or instrumentality of 2 or more audit incentive law, with an indication of and States or local governments, whether or not the noncompliance disclosures that were ‘‘(iii) a State law that operates as a feder- the localities are in different States. made by— ally enforceable law under a law referred to ‘‘(8) VOLUNTARY ENVIRONMENTAL AUDIT.— ‘‘(A) regulated entities that are normally in subparagraph (A) as a result of the delega- The term ‘voluntary environmental audit’ inspected; and tion, approval, or authorization of a State means an assessment, audit, investigation, ‘‘(B) regulated entities that are not on in- activity or program. or review that is— spection schedules; ‘‘(2) ENFORCEMENT ACTION.— ‘‘(A) initiated voluntarily by a regulated ‘‘(2) the categories and sizes of regulated ‘‘(A) IN GENERAL.—The term ‘enforcement entity, including an officer, agent, or em- entities that disclosed noncompliance prob- action’ means a civil or administrative ac- ployee of a regulated entity, but not includ- lems pursuant to the State voluntary envi- tion undertaken for the purpose of imposing ing a regulated entity owned or operated by ronmental audit incentive law and a descrip- a penalty or any other punitive sanction, in- a State or Federal agency; tion of the noncompliance problems that cluding imposition of a restriction on pro- ‘‘(B) carried out by an employee of the per- were disclosed; viding to or receiving from the United States son, or a consultant employed by the person, ‘‘(3) the status of remediation undertaken or any State or political subdivision a good, for the purpose of carrying out the assess- by regulated entities in the State to correct material, service, grant, license, permit, or ment, evaluation, investigation, or review; noncompliance problems that were disclosed other approval or benefit. and pursuant to the State voluntary environ- ‘‘(B) EXCLUSION.—The term ‘enforcement ‘‘(C) carried out in good faith for the pur- mental audit incentive law; and action’ does not include an action solely for pose of determining or improving compliance ‘‘(4) a certification from the State attorney the purpose of seeking injunctive relief to with, or liability under, a covered Federal general that the State maintains the nec- remedy a continuing adverse public health or law, or to assess the effectiveness of an envi- essary regulatory authority to carry out ad- environmental effect of a violation. ronmental compliance management system. ministration and enforcement of delegated ‘‘(4) ENVIRONMENTAL COMPLIANCE MANAGE- ‘‘(9) VOLUNTARY ENVIRONMENTAL AUDIT RE- programs in light of the State voluntary en- MENT SYSTEM.—The term ‘environmental PORT.— vironmental audit incentive law. compliance management system’ means the ‘‘(A) IN GENERAL.—The term ‘voluntary en- ‘‘(c) ADDITIONAL INFORMATION.—In addition systematic effort of a person or government vironmental audit report’ means a document to the information required under subsection entity, appropriate to the size and nature of prepared as a result of a voluntary environ- (b), the State agency may include additional the person or government entity, to prevent, mental audit. information in the annual performance re- detect, and correct a violation of a covered ‘‘(B) INCLUSIONS.—The term ‘voluntary en- port that the State agency considers impor- Federal law through— vironmental audit report’ includes— tant to demonstrate the performance of a ‘‘(A) a compliance policy, standard, or pro- ‘‘(i) a field note, draft, memorandum, draw- State voluntary environmental audit law. cedure that identifies how an employee or ing, photograph, computer software, stored ‘‘§ 3603. Definitions agent shall meet the requirements of the or electronically recorded information, map, ‘‘In this chapter: law; chart, graph, survey, analysis (including a

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It is the only under the military health care system. ‘‘(ii) a document prepared by an auditor or national park with such a prohibition, Current trends, such as base closures, evaluator, which may describe the scope of thus limiting its access to valuable, in- the downsizing of military treatment the evaluation, the information learned, any ternally generated resources which facilities, and the introduction of conclusions or recommendations, and any supplement the budgets of other parks. TRICARE, have all hindered access to exhibits or appendices; The result is that the Smokies has health care services for military retir- ‘‘(iii) an analysis of all or part of a vol- great difficulty in meeting the infra- ees aged 65 and over. In theory, Medi- untary environmental audit or issues arising from the audit; and structure and maintenance needs gen- care-eligible retirees can receive health ‘‘(iv) an implementation plan or tracking erated by its 9 million yearly visitors. care services at military treatment fa- system that addresses an action taken or to In the 104th Congress we began a pro- cilities on a space available basis; how- be taken by the owner or operator of a facil- gram which allowed individual parks to ever, active duty and their dependents ity as a result of a voluntary environmental keep for their internal use up to 80 per- have priority. audit.’’. cent of the user fees collected above Therefore, in reality, space is rarely (b) CONFORMING AMENDMENT.—The table of and beyond the level of fees collected available—resulting in military retir- chapters of part VI of title 28, United States in 1994. My bill will allow the park to ees being locked out of the Department Code, is amended by inserting after the item relating to chapter 176 the following: retain 100 percent of that amount. of Defense’s [DOD] health care delivery system. And because of their consid- ‘‘177. Voluntary Audit Protection ...... 3601’’. While this change is modest, it is one way to begin to address the deficit in ered secondary status, many retirees SEC. 4. ASSISTANCE FROM SMALL BUSINESS DE- are forced to travel great distances to VELOPMENT CENTERS. which the Smokies operates every Section 21(c)(3) of the Small Business Act year, and assist in sustaining the very receive even the minimum of care. (15 U.S.C. 648(c)(3)) is amended— attractions which serve to make it our Further, when compared to what (1) in subparagraph (Q), by striking ‘‘and’’ most popular national park. other Federal and private sector retir- at the end; In 1910, Teddy Roosevelt said, ‘‘A na- ees receive in terms of health care op- (2) in subparagraph (R), by striking the pe- tion behaves well if it treats its nat- tions, it is easy to note that the cur- riod at the end and inserting ‘‘; and’’; and ural resources as assets which it must rent health care choices for military (3) by adding at the end the following: turn over to the next generation in- retirees are woefully inadequate and ‘‘(S) assisting small businesses in com- downright inexcusable. plying with the requirements necessary to creased, and not impaired, in value.’’ receive protections provided by any applica- Roosevelt was the first proponent of This measure will rectify the in- ble State voluntary environmental audit in- what has clearly become a fundamental equity of the current system and take centive law.’’. tenet of the preservation of the Great the guesswork out of the financial via- Smoky Mountains National Park. Mr. bility of an FEHBP option for military By Mr. FRIST: President, we owe it to the future gen- retirees. S. 1333. A bill to amend the Land and erations of Americans to allow this in- Scheduled for no more than 3 years, Water Conservation Fund Act of 1965 to valuable national treasure to benefit the FEHBP pilot program would be allow national park units that cannot from its own popularity and accessi- tested at two different sites. One site charge an entrance or admission fee to bility and to keep more of the revenues will be within a military treatment fa- retain other fees and charges; to the from its fees. We can thus help ensure cility catchment area and the other in Committee on Energy and Natural Re- that it will continue to offer the serv- a noncatchment area. Up to 50,000 sources. ices and facilities so many millions of Medicare-eligible military retirees will THE LAND AND WATER CONSERVATION FUND ACT families enjoy and will help guard one be able to participate in the dem- AMENDMENT ACT OF 1997 of our Nation’s most precious legacies. onstration, with each site capped at Mr. FRIST. Mr. President, I rise 25,000 retirees. today to introduce a measure which By Mr. BOND (for himself, Mr. Mr. President, this legislation rep- will help preserve one of our greatest SHELBY, Mr. WARNER, Mr. REID, resents an active step toward honoring national treasures and maintain one of Mr. JOHNSON, Mr. HOLLINGS, Mr. our Nation’s obligation to those mili- the most significant contributors to HUTCHINSON, Mr. MACK, Mrs. tary retirees who faithfully and self- the economy of east Tennessee. The MURRAY, Mr. ASHCROFT, Mr. lessly served our country in times of Great Smoky Mountains National Park CRAIG, Mr. BUMPERS, Mr. war and in times of peace. Further- is by far our Nation’s most visited na- LEAHY, Ms. COLLINS, Mr. SES- more, this measure will provide retir- tional park, both because of its strik- SIONS, Mr. ALLARD, Mr. BAUCUS, ees more dependable, consistent, and ing beauty, wildlife, and recreational and Mrs. FEINSTEIN): affordable care while simultaneously opportunities, and for the fact that it S. 1334. A bill to amend title 10, applying equitable standards of health is within a day’s drive of half of the United States Code, to establish a dem- care for all Federal retirees. population of the United States. onstration project to evaluate the fea- I look forward to working with my I have often escaped to the Great sibility of using the Federal Employees colleagues on this bipartisan piece of Smoky Mountains National Park for Health Benefits program to ensure the legislation. hiking, camping, and enjoying the availablity of adequate health care for Mr. SHELBY. Mr. President, accord- great outdoors with my three sons. I Medicare-eligible beneficiaries under ing to the latest statistics, Alabama is have witnessed the splendor of the the military health care system; to the home to 47,011 military retirees. We turning leaves in the fall, and the glory Committee on Armed Services. have the eight largest population of re- and renewal that springtime brings to FEHBP DEMONSTRATION FOR MILITARY tired service personnel in the Nation. the Smokies. Spending time in the RETIREES LEGISLATION Senator BOND highlighted the many Smokies allows my family and millions Mr. BOND. Mr. President, I rise changes in DOD’s health care system of other families to reconnect with na- today to introduce a measure on behalf that are limiting access to health care ture and to refocus on the fundamental of myself, Mr. SHELBY, Mr. WARNER, for military retirees aged 65 and above. strengths of what really holds us to- Mr. REID of Nevada, Mr. JOHNSON, Mr. I would like to briefly explain how gether as a family. HOLLINGS, Mr. HUTCHINSON, Mr. MACK, these general trends are affecting the While the Great Smoky Mountains Mrs. MURRAY, Mr. ASHCROFT, Mr. 47,011 military retirees in my State. National Park plays such a valuable CRAIG, Mr. BUMPERS, Mr. LEAHY, Mrs. The 1995 BRAC slated Fort McClellan role in the lives of so many American COLLINS, Mr. SESSIONS, Mr. ALLARD, for closure by 1999. When that base families, it is also a park that strains Mr. BAUCUS, and Mrs. FEINSTEIN. closes, Noble Army Hospital will be under the burdens of heavy use. Infra- This vital, bipartisan legislation forced to close as well. The emergency structure and services struggle to meet would establish a demonstration room at Lyster Army Hospital at Fort

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11351 Rucker is being closed. At all of the density tests, up to 40 percent of John Andre Chalot for relief under the military treatment facilities, space- women with low bone mass could be Agreement Between the Government of the available is becoming unavailable. In missed. United States and the Government of the addition to these physical changes, Unfortunately, Federal Employee Federal Republic of Germany Concerning Final Benefits to Certain United States Na- TRICARE came on line in region 4, and Health Benefits Program [FEHBP] cov- tionals Who Were Victims of National So- Alabama now is experiencing excessive erage of bone density tests is incon- cialist Measures of Persecution, signed at delays in receiving reimbursement pay- sistent. Instead of a comprehensive na- Bonn on September 19, 1995, John Andre ments and other well-known problems tional coverage policy, FEHBP leaves Chalot is deemed to be a naturalized citizen associated with TRICARE. Many pri- it to each of the over 400 participating of the United States as of September 3, 1943. vate physicians who provided CAMPUS plans to decide who is eligible to re- are leaving the DOD health care, which ceive a bone mass measurement and By Mr. DURBIN: I believe is unacceptable and irrespon- what constitutes medical necessity. A S. 1340. A bill entitled the ‘‘Tele- sible. survey of the 19 top plans participating phone Consumer Fraud Protection Act Despite extended service and sac- in FEHBP indicated that many plans of 1997.’’; to the Committee on the Ju- rifice, retired service members are the have no specific rules to guide reim- diciary. only Federal employees who will lose bursement and cover the tests on a THE TELEPHONE CONSUMER FRAUD PROTECTION their government-sponsored health in- case-by-case basis. Several plans refuse ACT OF 1997 surance when they become eligible for to provide consumers with information Mr. DURBIN. Mr. President, I rise Medicare. This bill takes a modest step indicating when the plan covers the today to introduce the Telephone Con- forward to insuring that military retir- test and when it does not. Some plans sumer Fraud Criminal Penalties Act of ees receive at least as much as Mem- cover the test only for people who al- 1997. This measure will finally allow us bers of Congress or retired Federal em- ready have osteoporosis. ployees. Military retirees have dedi- Mr. President, we owe the people who to strike back against ‘‘slamming,’’ the cated their lives to protecting our Na- serve our Government more than that. practice of changing a telephone cus- tion; we owe it to them to pave the That is why my legislation standard- tomer’s long-distance carrier without way for health care equity. izes coverage for bone mass measure- the customer’s knowledge or consent. I thank Senator BOND for his leader- ment under the FEHBP. I urge my col- Slamming is the Federal Commu- ship in introducing this legislation. I leagues to support this legislation, in nications Commission’s largest source urge my colleagues to cosponsor this order to help prevent the 1.5 million of consumer complaints. In 1995 and bipartisan bill. fractures caused annually by 1996, more than one-third of the con- osteoporosis. sumer complaints filed with the FCC’s Ms. SNOWE: Common Carrier Bureau involved slam- S. 1335. A bill to amend title 5, By Mr. GRAHAM: ming. Last year 16,000 long-distance United States Code, to ensure that cov- S. 1336. A bill for the relief of Roy telephone consumers filed slamming erage of bone mass measurements is Desmond Moser; to the Committee on complaints with the FCC. Since 1994, provided under the health benefits pro- the Judiciary. the number of slamming complaints gram for Federal employees; to the S. 1337. A bill for the relief of John has tripled. Yet, this is only the tip of Committee on Governmental Affairs. Andre Chalot; to the Committee on the the iceberg— the Los Angeles Times re- THE HEALTH BENEFITS STANDARDIZATION ACT Judiciary. ports that more than 1 million Amer- Ms. SNOWE. Mr. President, I rise PRIVATE RELIEF LEGISLATION ican telephone consumers have been today to introduce legislation des- Mr. GRAHAM. Madam President, I slammed in the last 2 years. ignated to standardize coverage for ask unanimous consent that the text of In my home State of Illinois slam- bone mass measurement for people at the two bills be printed in the RECORD. ming was the No. 1 source of consumer risk for osteoporosis under the Federal There being no objection, the bills complaints to the attorney general’s Employee Health Benefits Program. were ordered to be printed in the office in 1995, and the No. 2 source of This legislation is similar to my bill RECORD, as follows: complaints in 1996. Slamming is obvi- which was enacted as part of the Bal- S. 1336 ously a serious problem that must be anced Budget Act to standardize cov- Be it enacted by the Senate and House of Rep- stopped. erage of bone mass measurement under resentatives of the United States of America in Slamming is not merely an inconven- Medicare. The bill I introduce today Congress assembled, ience or a nuisance. It is an act of guarantees the same uniformity of cov- SECTION 1. MODIFICATION OF EFFECTIVE DATE fraud that costs long-distance tele- erage to Federal employees and retir- OF NATURALIZATION OF ROY phone consumers millions of dollars a ees as Congress provided to Medicare DESMOND MOSER. Notwithstanding title III of the Immigra- year and robs them of the right to con- beneficiaries only a few months ago. tract. The Telephone Consumer Fraud Osteoporosis is a major public health tion and Nationality Act, any predecessor provisions to such title, or any other provi- Criminal Penalties Act will now ensure problem affecting 28 million Ameri- sion of law relating to naturalization, for that slammers are held accountable for cans, who either have the disease or purposes of determining the eligibility of their fraudulent acts. are at risk due to low bone mass; 80 Roy Desmond Moser for relief under the My measure will help stamp out percent of its victims are women. The Agreement Between the Government of the disease causes 1.5 million fractures an- United States and the Government of the slamming in two ways: nually at a cost of $13.8 billion—$38 Federal Republic of Germany Concerning First, the Telephone Consumer Fraud million per day—in direct medical ex- Final Benefits to Certain United States Na- Criminal Penalties Act creates crimi- penses. In their lifetime, one in two tionals Who Were Victims of National So- nal fines and jail time for repeat and cialist Measures of Persecution, signed at women and one in eight men over the willful slammers. Slamming takes Bonn on September 19, 1995, Roy Desmond choices away from consumers without age of 50 will fracture a bone due to Moser is deemed to be a naturalized citizen osteoporosis. A woman’s risk of a hip of the United States as of August 8, 1942. their knowledge and distorts the long fracture is equal to her combined risk distance competitive market by re- of contracting breast, uterine, and S. 1337 warding companies that engage in ovarian cancer. Be it enacted by the Senate and House of Rep- fraud and misleading marketing prac- Osteoporosis is largely preventable resentatives of the United States of America in tices. This measure’s criminal pen- and thousands of fractures could be Congress assembled, alties will guarantee that slammers avoided if low bone mass were detected SECTION 1. MODIFICATION OF EFFECTIVE DATE can no longer act with impunity. early and treated. We now have drugs OF NATURALIZATION OF JOHN Second, the Telephone Consumer that promise to reduce fractures by 50 ANDRE CHALOT. Fraud Criminal Penalties Act charges Notwithstanding title III of the Immigra- percent. However, identification of risk tion and Nationality Act, any predecessor the Attorney General with the duty of factors alone cannot predict how much provisions to such title, or any other provi- conducting a study on the fraudulent bone a person has and how strong bone sion of law relating to naturalization, for and criminal behavior of telecommuni- is. Experts estimate that without bone purposes of determining the eligibility of cations carriers and their agents in the

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11352 CONGRESSIONAL RECORD — SENATE October 29, 1997 solicitation, marketing, and assign- as a result of the construction and op- tentious project with open minds. It is ment of telecommunication services. eration of the Pick-Sloan Missouri significant that Senator JOHNSON is a The Attorney General’s study will ex- River Basin program in the State of cosponsor of this bill and that Rep- amine the fraudulent methods by South Dakota, and for other purposes; resentative THUNE will introduce a which a telecommunications con- to the Committee on Environment and companion measure in the House of sumer’s local, long distance, and other Public Works. Representatives. telecommunications services are THE CHEYENNE RIVER SIOUX TRIBE, LOWER I would also like to thank John Coo- changed without the consumers knowl- BRULE SIOUX TRIBE, AND THE STATE OF per, the secretary of the South Dakota edge or consent. Through this study, SOUTH DAKOTA TERRESTRIAL WILDLIFE HABI- Game, Fish, and Parks Department, for Congress will gain a better under- TAT MITIGATION ACT OF 1997 the enormous amount of time he spent standing of how slammers operate. Mr. DASCHLE. Mr. President, on be- holding public meetings and diligently With this knowledge we will be able to half of the South Dakota congressional working with all interested parties to draft a well crafted, all encompassing delegation and Gov. Bill Janklow, I am sketch out the broad contours of this law that will finally put a lid on slam- today introducing the Cheyenne River compromise as well as to craft the ming. Sioux Tribe, Lower Brule Sioux Tribe, small details. His patience and imagi- Thank you, Mr. President, for the op- and the State of South Dakota Terres- nation have been critical to the suc- portunity to introduce this important trial Wildlife Habitat Mitigation Act. cessful development of this legislation. initiative. I hope my colleagues will This proposal, which is the culmina- Finally, our draft proposal was dis- join with me and support the Tele- tion of more than 2 years of discussion cussed with representatives of the phone Consumer Fraud Criminal Pen- with Governor Janklow and his staff, United Sportsmen and South Dakota Wildlife Federation. Both groups made alties Act in order to protect the rights South Dakota tribal leaders, represent- constructive comments about the of telephone consumers. atives of South Dakota sportsmen Mr. President, I ask unanimous con- groups and affected citizens, lays out a draft, and I appreciate their endorse- sent that the text of the bill be printed plan for resolving some of the environ- ment of the bill we are introducing today. in the RECORD. mental and jurisdictional problems The Cheyenne River Sioux Tribe, There being no objection, the bill was created by the construction of the Lower Brule Sioux Tribe, and the State ordered to be printed in the RECORD, as main stem dams nearly 40 years ago. of South Dakota Terrestrial Wildlife follows: Land transfers and their attendant jurisdictional implications are serious Habitat Mitigation Act establishes S. 1340 trust funds to compensate the State Be it enacted by the Senate and House of Rep- issues with real world ramifications, and it has been the Governor’s and my and the tribes for the terrestrial wild- resentatives of the United States of America in life habitat that was lost due to con- Congress assembled, goal throughout this process to achieve consensus on how to proceed. The in- struction of the mainstem Missouri SECTION 1. SHORT TITLE. River dams. It transfers to the Interior This Act may be cited as the ‘‘Telephone troduction of this legislation is one Consumer Fraud Protection Act of 1997.’’ more step on the path to that con- Department to be held in trust for the tribes the lands that were acquired for SEC. 2. CRIMINAL PENALTIES. sensus. I would like to take this oppor- the Pick-Sloan project and that remain Title 18 of the United States Code is tunity to outline the bill, explain how above the exclusive flood pool. The amended in the appropriate place to provide we got to this point and suggest where tribes will be able to regulate hunting the following. we might go from here. (A) PERSONS.—Any person who submits to More than a half century ago, Con- and fishing on those lands for all who a subscriber a request for a change in a pro- wish to use them, as long as they ac- gress set in motion a series of events vider of telephone exchange service or tele- cept the conditions of the bill, which that resulted in an extraordinary loss phone toll service in willful violation of the include protecting the ability of the procedures established in 47 CFR §§ 64.1100 or of land and wildlife habitat by the heirs and assignees of Indian and non- 64.1150: State of South Dakota, tribes, and in- Indian ranchers who lost land to the (i) shall be fined not more than $1,000, im- dividual landowners along the Missouri construction of the dams to graze on prisoned not more than 30 days, or both for River. This loss of land and the accom- the first offense; and those lands and reaching agreement panying fractionation of jurisdiction (ii) shall be fined not more than $10,000, im- with the State on rules governing fish- has fueled extensive and costly litiga- prisoned not more than 9 months, or both, ing on the Missouri River within res- tion over the regulation of hunting and for any subsequent offense. ervation boundaries. Unless otherwise (B) TELECOMMUNICATIONS CARRIERS.—Any fishing along the river. Moreover, the agreed to by the tribes and the State, telecommunications carrier who submits to Federal Government has never miti- recreation areas currently operated by a subscriber a request for a change in a pro- gated the impact of the dams on crit- vider of telephone exchange service or tele- the corps within the boundaries of the ical wildlife habitat, as it is required to Indian reservations will be transferred phone toll service, or executes such a do by the 1958 Fish and Wildlife Coordi- change, in willful violation of 47 CFR into trust for those tribes to manage, §§ 64.1100 or 64.1150: nation Act. The legislation I am intro- while recreation areas located outside (i) shall be fined not more than $50,000 for ducing today is an attempt to settle of the boundaries of Indian reserva- the first such conviction; and those issues without further litigation, tions will be leased to the State. (ii) shall be fined not more than $200,000 for to provide a means to fairly com- Since there is insufficient Federal any subsequent conviction. pensate the State of South Dakota and project land in South Dakota on which SEC. 3. A STUDY BY THE ATTORNEY GENERAL. the tribes for the loss of habitat, and to to perform the necessary wildlife habi- The Attorney General shall conduct a expand public hunting opportunities study and report to Congress on the fraudu- tat mitigation, this legislation would for sportsmen. authorize the tribes and the State to lent and criminal behavior of telecommuni- This bill would not have been pos- cations carriers and their agents in the solic- spend revenues from the trust funds on itation, marketing, and assignment of wire sible without the efforts of many South other projects related to wildlife con- services. The Attorney General’s study shall Dakotans. Governor Janklow and I servation and public access to habitat examine the fraudulent methods by which a have worked closely together for over 2 throughout the State. The result telecommunications consumer’s local, long years to craft this compromise. Many should be expanded opportunity for distance, and other telecommunications tribal leaders in the State have pro- South Dakota hunters. services are changed without her or his vided constructive input throughout Through the trust funds, the tribes knowledge or consent. The Attorney Gen- this process. In particular, I would like and State will have a steady source of eral’s study shall also examine the negative to acknowledge Chairman Michael impact and costs that such fraudulent activ- funding with which to implement for- ity is having on consumers and the market- Jandreau of the Lower Brule Sioux mal wildlife habitat mitigation plans. place. Tribe and Chairman Gregg Bourland of To supplement those plans, the tribes the Cheyenne River Sioux Tribe for and State will be able to use revenues By Mr. DASCHLE (for himself their wise advice, friendship and guid- from the trust funds to implement and Mr. JOHNSON): ance. plans developed in consultation with S. 1341. A bill to provide for mitiga- Senator JOHNSON and Congressman the U.S. Fish and Wildlife Service to tion of terrestrial wildlife habitat lost THUNE have approached this often con- lease private lands for the protection of

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11353 important habitat, including habitat of 1958. That law officially recognized rigation development would occur for threatened and endangered species. the severe loss of wildlife habitat that along the Missouri River. While irriga- Private landowners who participate in could accompany the construction of tion development has fallen far short of this program will be required to pro- water projects and, as a result, re- expectations, today roughly 5.1 million vide public access for sportsmen during quired the Federal construction agen- residents and nonresidents benefit by hunting season. The South Dakota cy—in this case the Corps of Engi- using the reservoirs for camping, fish- Game, Fish and Parks Department es- neers—to consult with the U.S. Fish ing, boating, hunting, and general timates that over 200,000 acres of pri- and Wildlife Service and the State recreation. vate land will be enrolled in this pro- wildlife agency for the purposes of de- gram, significantly expanding public termining the possible damage to wild- Despite the use that these reservoirs hunting opportunities for sportsmen life resources and for the purposes of enjoy, there is serious concern over the throughout the State. determining means and measures that corp’s ability to continue to maintain The tribes and the State will be able should be adopted to prevent the loss of its extensive network of recreation to use proceeds from the trust funds to or damage to such wildlife resources, areas along the river. Adjusted for in- operate the recreation areas. as well as to provide concurrently for flation, the corps’ budget for this pur- The tribes and the State will be able the development and improvement of pose has shrunk by 30 percent since to use the funds to develop, maintain such resources. This requirement ap- 1993. Prospects for reversing this trend and protect wildlife habitat and recre- plied to any Federal project not yet 60 are poor, making the challenge of fund- ation areas along the Missouri River. percent complete at the time of enact- ing both wildlife habitat mitigation And, the tribes will be able to use ment. In South Dakota, this meant the and recreation area maintenance more revenues from the fund to protect na- Oahe and Big Bend dams. Despite the and more daunting in the future. tive American cultural sites threat- requirements of the 1958 Fish and Wild- That is why this legislation would ened by the operation of the Pick- life Coordination Act, the Federal Gov- transfer those recreation areas to the Sloan project. ernment has never adequately miti- tribes and the State and why the trust To understand the approach taken by gated the loss of habitat that accom- funds would be used to provide a pre- this legislation, it is necessary to un- panied those projects. dictable source of funding to meet the derstand the events that were prologue It may be impossible to completely needs of the 5.1 million people who use to its development. In response to a se- recreate the unique habitat that once those facilities. ries of major floods along the upper existed along the Missouri River. How- Missouri River in the early part of this ever, the Federal Government does There is solid precedent for the es- century, Congress enacted the Flood bear the responsibility to the State and tablishment of dedicated trust funds to Control Act of 1944, which called for tribes of South Dakota to do whatever compensate the tribes and the State implementation of a plan developed by it can to mitigate that loss. Between for losses suffered as a result of these General Pick of the U.S. Army Corps of 1960 and 1982, the corps developed seven projects. In 1992 Congress enacted the Engineers and William Sloan of the Bu- major plans to mitigate the lost wild- Standing Rock and Three Affiliated reau of Reclamation, known as the life habitat. However, since each of Tribes Infrastructure Compensation Pick-Sloan plan, to establish a series of those plans proposed the politically un- Act, establishing a trust fund to com- dams along the river. By authorizing popular fee title acquisition of land pensate the tribes for infrastructure the construction of these massive and since the corps did not forward any losses suffered as a result of construc- earthen dams, this law played a crit- of these plans to Congress for author- tion of the dams. That trust fund was ical role in shaping the future develop- ization, none was ever implemented. capitalized with funding equal to 25 ment of the State and of the down- In 1982, the Corps of Engineers devel- percent of the annual revenues to the stream States that benefited from oped a new plan, known as the Post- Western Area Power Administration meaningful flood control. Authorization Mitigation Report for from sales of hydropower generated by By hosting these dams, South Da- Fish and Wildlife Mitigation, Lake the mainstem dams of the Missouri kota has provided valuable storage of Oahe and Sharpe, SD. This plan, which River. In 1996, Congress unanimously water in the region, preventing flood- called for mitigating only a fraction of passed the Crow Creek Infrastructure ing, and allowing development along the habitat that was lost, was unique Compensation Act, establishing a simi- the river in downstream States all the in that it did not rely on acquisition of lar fund, and I expect Congress to pass way to the Mississippi River. The sac- land in fee title, but rather made exist- a similar bill for the Lower Brule Sioux rifices South Dakota made for this pur- ing project lands available for mitiga- Tribe in the near future. pose, however, can be counted in the tion work. An unsteady history of im- loss of roughly a quarter of a million plementation of the 1982 plan began in In short, Congress has recognized the acres of the most productive, unique, 1989. In 1990, funding was cut off and appropriateness of linking legitimate and irreplaceable cottonwood forests then eventually restored. The corps compensation for losses resulting from and river bottomland in the upper again terminated funding for the the construction of the dams to the Great Plains. project in 1995, only to restore it in the power revenues those dams generate. Land that once provided habitat and face of delegation opposition. The legislation I am introducing today critical wintering cover for nearly 400 It has become clear that wildlife adopts that same principle. species of wildlife is now submerged. habitat mitigation for Lakes Oahe and As I mentioned, the development of The remains of those cottonwood for- Sharpe are not high priorities for the this legislation has involved extensive ests can be seen today from the banks Corps of Engineers. While I recognize discussion and negotiation among of the mainstem reservoirs, their dead that this is attributable in some meas- many interested parties throughout tops sticking out of the water remind- ure to the levels of funding provided the State. The bill has undergone five ing all of us what was once such an in- that agency by Congress, that does not drafts over the course of nearly 10 tegral element of the upper Great excuse the Federal Government of its months. A number of public meetings Plains ecosystem. The effects of that responsibility to mitigate the lost have been held to discuss the bill, and loss also can be felt today. Last winter, habitat. Governor Janklow and I have received, South Dakota suffered through some of Another important feature of the leg- considered, and responded to, com- the most severe weather in recent islation being introduced today deals ments and suggestions from interested memory. Wildlife throughout the with the management of the Corps of members of the public. State, unable to find sufficient cover, Engineers’ recreation areas in the froze to death in vast numbers. State. In partial compensation for The tribes expressed a strong desire At the time the Pick-Sloan project South Dakota’s sacrifice of prime lands to protect their jurisdiction over the was being constructed, Congress passed to the construction of the dams, Con- hunting and fishing of tribal members. the Fish and Wildlife Coordination Act gress had intended that considerable ir- The legislation adopts a cooperative

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11354 CONGRESSIONAL RECORD — SENATE October 29, 1997 State-tribal enforcement system based The Corps of Engineers needs to en- (D) for other purposes; on a previous Memorandum of Agree- sure that it retain its ability to oper- (2) the Big Bend and Oahe projects are ment reached between the Lower Brule ate the reservoirs. The bill protects its major components of the Pick-Sloan Mis- Sioux Tribe and the South Dakota souri River Basin program that contribute to ability to do so. the national economy by generating a sub- Game, Fish, and Parks Department—a Despite these modifications, not stantial amount of hydropower and impound- system that respects and protects trib- every concern or comment could be ad- ing a substantial quantity of water to pro- al sovereignty. To transfer the land to dressed. Some South Dakota tribes vide flood control and other benefits for all trust status and to keep the land in that do not border the river have ex- States and tribes in the Missouri River trust, the tribes would implement an pressed frustration that they were not Basin; enforcement system whereby both the included in this legislation. It has been (3) to carry out the Pick-Sloan Missouri State and the tribes would be able to our intention from the beginning of River Basin program, the Secretary of the Army acquired approximately 500,000 acres of arrest violators of fish and game rules this process to include all eligible on the waters of the Missouri River land from the State of South Dakota, 4 In- tribes in this legislation. Since the 1958 dian tribes, and private individuals; within Indian reservation boundaries, Fish and Wildlife Coordination Act (4) as of the date of enactment of this Act, with tribal members prosecuted in trib- calls for the Federal Government to of the acreage referred to in paragraph (3), al or Federal court and non-Indians mitigate the loss of habitat that oc- approximately 200,000 acres remain at an ele- prosecuted in State or Federal court. curred due to construction of the Oahe vation above that of the top of the exclusive This protects tribal jurisdiction over and Big Bend dams, all the tribes that flood pool of the projects of the program; tribal members and should maximize (5) of the approximately 200,000 acres of dry lost habitat due to the construction of land referred to in paragraph (4), approxi- the effectiveness of fish and game en- those projects qualify for mitigation forcement efforts along the river. Also, mately 80,000 acres are located within the ex- under Federal law and have been in- terior boundaries of the Cheyenne River Res- under the bill, participating tribes will vited to participate in this bill. ervation, Crow Creek Reservation, Lower be able to establish seasons and bag Two eligible tribes—the Standing Brule Reservation, and Standing Rock Res- limits for hunting on the lands that Rock Sioux Tribe and the Crow Creek ervation; will be transferred into trust and to en- Sioux Tribe—have decided not to be (6) as a result of the inundation from the force those rules against all those who part of this arrangement at this point. construction of the Big Bend and Oahe projects, the State of South Dakota and the will hunt on those lands—an oppor- I respect their decisions, and they are tunity they are denied currently. 4 Indian reservations referred to in para- not included in the legislation. graph (5) lost approximately 250,000 acres of In response to concerns expressed by In summary, Mr. President, the State the tribes about the effect of the bill on fertile, wooded bottom land along the Mis- of South Dakota, the Federal Govern- souri River; treaty rights and water rights, lan- ment, the tribes, the wildlife and all (7) the lost acreage constituted some of the guage has been included in the bill who use these reservoirs for hunting, most productive, unique, and irreplaceable stating that both treaty rights and fishing, and recreation will benefit acres of wildlife habitat in the State of water rights will be protected. from this bill. It provides for a fair res- South Dakota, including habitat for game A number of counties expressed con- and nongame species (including species that olution to the environmental and juris- cern that they would lose their 75-per- are listed as endangered or threatened spe- dictional problems created by the con- cent share of revenues from leases the cies under Federal or State law); struction of the main stem dams near- corps currently holds on the trans- (8) the Federal Government has never ap- ly 40 years ago. plied the Fish and Wildlife Coordination Act ferred lands. Under the bill, the De- I am hopeful that the appropriate (16 U.S.C. 661 et seq.) in such a manner as to partment of the Interior will be respon- congressional committees will schedule adequately mitigate the loss of habitat in sible for maintaining those leases. To action on this legislation as soon as the State of South Dakota and on affected ensure that the counties are not penal- possible so that further testimony can Indian reservations within the State; ized by the transfer of the land to trust (9) an insufficient quantity of Federal land be heard and necessary refinements can status the bill directs the Department within the boundaries of projects of the be made. Our goal is to enact a bill of the Interior to pay the affected Pick-Sloan Missouri River Basin program is that will allow meaningful wildlife counties 100 percent of the revenues available in the State of South Dakota to habitat mitigation to begin, resolve provide adequate mitigation of the loss of from leases on the lands. the regulatory issues relating to hunt- habitat; Sportsmen commented that the (10) because of complicated land ownership State should obtain new lands to miti- ing and fishing along the Missouri River, provide the public with well- patterns along the Missouri River, there gate the loss of wildlife habitat. The have been many jurisdictional disputes over bill transfers the 20,000 acre Bureau of maintained recreation areas along the the control of the land along the river, in- Reclamation’s Blunt Reservoir and Missouri River and expand hunting op- cluding disputes concerning— Pierre Canal lands to the State for that portunities long into the future. (A) the jurisdiction of tribal or State purpose. Since the land will be trans- Mr. President, I ask unanimous con- courts over hunting and fishing activities— ferred in fee title, the State will pay sent that the text of the bill be printed (i) on land of the Pick-Sloan Missouri River Basin program projects located within the county taxes on that land. in the RECORD. There being no objection, the bill was an Indian reservation; or Non-Indian ranchers and Indian (ii) on the Missouri River; allottees who lost land or whose ances- ordered to be printed in the RECORD, as follows: (B) the establishment and enforcement of tors lost land to the construction of hunting and fishing seasons and limits; and the dams, urged that the bill clarify S. 1341 (C) hunting and fishing license require- that heirs or assignees be granted the Be it enacted by the Senate and House of Rep- ments; right to graze on the lands taken from resentatives of the United States of America in (11) the jurisdictional disputes referred to them or their ancestors, that access Congress assembled, in paragraph (10)— easements be guaranteed, and that any SECTION 1. SHORT TITLE. (A) have been, and continue to be, adju- This Act may be cited as the ‘‘Cheyenne tribe or agency requiring fencing be re- dicated in Federal courts; and River Sioux Tribe, Lower Brule Sioux Tribe, (B) have resulted in great costs to the Fed- sponsible for installing and maintain- and State of South Dakota Terrestrial Wild- eral Government, the State of South Dakota, ing it. This legislation safeguards that life Habitat Mitigation Act of 1997’’. and the Indian tribes; grazing opportunity. SEC. 2. FINDINGS; PURPOSES. (12) as of the date of enactment of this Act, Those with easements and rights-of- (a) FINDINGS.—Congress finds that— policies of the Army Corps of Engineers en- way on land that would be transferred (1) under the Act of December 22, 1944 courage the leasing of public recreation fa- to the Interior Department, such as the (commonly known as the ‘‘Flood Control Act cilities to, and the management of certain electric utilities, asked that language of 1944’’) (58 Stat. 887, chapter 665; 33 U.S.C. land by, State and local sponsors, if feasible; be added to protect those easements 701–1 et seq.), Congress approved the Pick- (13) the State of South Dakota has dem- and rights-of-way. Broad language has Sloan Missouri River Basin program— onstrated its ability to manage public recre- (A) to promote the general economic devel- ation areas and wildlife resources along the been added to preserve existing ease- opment of the United States; Missouri River; ments on any lands transferred to the (B) to provide for irrigation above Sioux (14) the Indian tribes have demonstrated an Interior Department to be held in trust City, Iowa; ability to manage wildlife resources on land for the tribes and on any recreation (C) to protect urban and rural areas from located within the respective reservations of areas leased to the State. devastating floods of the Missouri River; and those Indian tribes;

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11355 (15) the transfer of administrative jurisdic- the land leased under this section, and the gram shall be transferred to, and held in tion over certain land acquired for the pur- lease shall not interrupt the ability of the trust by, the Secretary of the Interior on the poses of the Pick-Sloan Missouri River Basin Army Corps of Engineers to operate the following conditions: program from the Secretary of the Army to projects in accordance with the Act of De- (1) RESPONSIBILITY FOR DAMAGE.—The Sec- the Secretary of the Interior is in the best cember 22, 1944 (58 Stat. 887, chapter 665; 33 retary of the Army shall not be responsible interest of the United States, the State of U.S.C. 701–1 et seq.). for any damage to the land transferred under South Dakota, and the Indian tribes; and (3) MANAGEMENT OF RECREATION AREAS.—To this section caused by sloughing, erosion, or (16) the Federal Government has a trust re- the extent consistent with other Federal other changes to the land caused by the op- lationship and a fiduciary responsibility to law, the Secretary of the Army shall not un- eration of any project of the Pick-Sloan Mis- Indian tribes. reasonably impede or restrict the ability of souri River Basin program (except as other- (b) PURPOSES.—The purposes of this Act the State of South Dakota to freely manage wise provided by Federal law). are— the recreation areas included in the lease. (2) FLOWAGE EASEMENT.—The Secretary of (1) to mitigate the loss of terrestrial wild- (4) AGREEMENT BY THE STATE.—The State of the Army shall retain a flowage easement on life habitat that occurred as a result of con- South Dakota shall agree— the land transferred under this section and struction projects carried out under the (A) to carry out the duties of the State the transfer shall not interrupt the ability of Pick-Sloan Missouri River Basin program; under this Act, including, managing, oper- the Army Corps of Engineers to operate the (2) to settle longstanding jurisdictional ating, and maintaining the recreation areas projects in accordance with the Act of De- disputes over land and water within the leased to the State under this Act; cember 22, 1944 (58 Stat. 887, chapter 665; 33 Pick-Sloan Missouri River Basin program (B) to take such action as may be nec- U.S.C. 701–1 et seq.). projects; essary to ensure that the hunting and fishing (3) ACCESS BY ORIGINAL OWNERS.—An origi- (3) to protect, and provide public access to, rights and privileges of Indian tribes de- nal owner of land (including an heir or as- the remaining wildlife habitat in the State scribed in section 5 are recognized and en- signee) shall be allowed access to the land in of South Dakota; and forced; and accordance with subsection (e) for the pur- (4) to transfer to the Department of the In- (C) not to assess a fee for sport or recre- poses described in that subsection. terior to be held in trust for the Indian ation hunting or fishing on the Missouri (4) ACCESS BY THE STATE.—Each Indian tribes of South Dakota land acquired for the River by a member within the boundaries of tribe agrees to provide free and Pick-Sloan Missouri River Basin program an Indian reservation. unencumbered access to the State of South within existing exterior reservation bound- (5) EASEMENTS, RIGHTS-OF-WAY, LEASES, Dakota, for purposes of fish and wildlife aries, without altering any boundary of a AND COST-SHARING AGREEMENTS.—The State management, to each reservoir of the Mis- reservation of an Indian tribe established by of South Dakota shall maintain all existing souri River that is located on or adjacent to a treaty with the United States. easements, rights-of-way, leases, and cost- the reservation of the Indian tribe. SEC. 3. DEFINITIONS. sharing agreements that are in effect as of (5) MANAGEMENT BY INDIAN TRIBES.—Each In this Act: the date of execution of a lease under this Indian tribe agrees, with respect to land held (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ section. in trust for the Indian tribe, to manage, op- means— (6) COMPLIANCE WITH FEDERAL LAWS.—The erate, and maintain any recreation area (A) the Cheyenne River Sioux Tribe; and State of South Dakota shall ensure that the transferred to the Indian tribe under this (B) the Lower Brule Sioux Tribe. leased land described in subsection (b) are section. (2) MEMBER.—The term ‘‘member’’ means used in accordance with— (6) REGULATION OF HUNTING, FISHING, AND an individual who is an enrolled member of (A) the Endangered Species Act of 1973 (16 RECREATION WITHIN EXTERIOR RESERVATION an Indian tribe. U.S.C. 1531 et seq.); BOUNDARIES.— (3) NON-INDIAN.—The term ‘‘non-Indian’’ (B) the Migratory Bird Treaty Act (16 (A) APPLICABILITY.—The conditions de- means an individual who is not an enrolled U.S.C. 703 et seq.); scribed in this paragraph shall apply— member of an Indian tribe. (C) the Act entitled ‘‘An Act for the pro- (i) to the extent not inconsistent with (4) SECRETARY OF THE ARMY.—The term tection of the bald eagle’’, approved June 8, other law; ‘‘Secretary of the Army’’ means the Sec- 1940 (16 U.S.C. 668 et seq.); (ii) except as otherwise provided in this retary of the Army, acting through the Chief (D) the Native American Graves Protection section; and of Engineers. and Repatriation Act (25 U.S.C. 3001 et seq.); (iii) with respect to— (5) TERRESTRIAL WILDLIFE HABITAT.—The and (I) the water of the Missouri River within term ‘‘terrestrial wildlife habitat’’ means a (E) the National Historic Preservation Act the exterior boundaries of a reservation of an habitat for a wildlife species (including game (16 U.S.C. 470 et seq.). Indian tribe; and and nongame species) that existed or exists (d) MANAGEMENT TRANSITION.—The Sec- (II) land and water within the exterior on an upland habitat (including a prairie retary of the Army shall continue to fund boundaries of a reservation of an Indian tribe grassland, woodland, bottom land forest, and implement, until such time as funds are that is above the water’s edge of the Mis- scrub, or shrub) or an emergent wetland available for use from the South Dakota souri River, which land and water consists of Wildlife Habitat Mitigation Trust Fund habitat. allotted land and tribal trust land. under section 7(d)(3)(A)(i), the terrestrial SEC. 4. LEASE OF CORPS OF ENGINEERS RECRE- (B) LICENSE REQUIREMENTS.— ATION LAND TO THE STATE OF wildlife habitat mitigation plans under sec- (i) IN GENERAL.—Each Indian tribe shall SOUTH DAKOTA. tion 6(a). allow any non-Indian to purchase a license (a) IN GENERAL.—At the request of the SEC. 5. TRANSFER OF ARMY CORPS OF ENGI- from the Indian tribe to hunt on allotted State of South Dakota, the Secretary of the NEERS LAND FOR INDIAN TRIBES. land and trust land of the Indian tribe with- Army shall lease to the State of South Da- (a) IN GENERAL.— out being required to purchase a hunting li- kota the land described in subsection (b) for (1) TRANSFER.—The Secretary of the Army a term not less than 50 years, with an option shall transfer to the Secretary of the Inte- cense from the State of South Dakota. for renewal. rior the land described in subsection (b). (ii) ALLOTTED LAND.—Hunting and fishing on allotted land shall require the permission (b) LAND LEASED.—The land described in (2) TRUST.—The Secretary of the Interior this subsection is any other land within the shall hold in trust for each Indian tribe the of the allottee or a designated agent of the projects of the Pick-Sloan Missouri River land transferred under this section that are allottee. Basin program in the State of South Dakota located within the external boundaries of the (iii) MIGRATORY WATERFOWL.—A non-Indian that— reservation of the Indian tribe. shall not hunt migratory waterfowl on trust (1) is located outside the external bound- (b) LAND TRANSFERRED.—The land de- land unless the non-Indian is in possession of aries of a reservation of an Indian tribe; and scribed in this subsection is land that— a Federal migratory-bird hunting and con- (2) the Secretary of the Army determines (1) is located above the top of the exclusive servation stamp (known as a ‘‘Duck Stamp’’) at the time of the transfer is designated as a flood pool of the projects of the Pick-Sloan issued under the Act of March 16, 1934 (48 recreation area in the current Project Mas- Missouri River Basin program; Stat. 451, chapter 71; 16 U.S.C. 718 et seq.). ter Plans. (2) was acquired by the Secretary of the (iv) STATE GAME LICENSES.—Each Indian (c) LEASE CONDITIONS.—The Secretary of Army for the implementation of the Pick- tribe shall honor big game and small game the Army shall lease the land described in Sloan Missouri River Basin program; and licenses issued by the State of South Dakota subsection (b) to the State of South Dakota (3) is located within the external bound- on non-Indian private deeded land and public on the following conditions: aries of a reservation of an Indian tribe. land and water within the exterior bound- (1) RESPONSIBILITY FOR DAMAGE.—The Sec- (c) MAP.—The Secretary of the Army, in aries of the reservation of the Indian tribe retary of the Army shall not be responsible cooperation with the governing bodies of the described in subparagraph (A)(iii) (referred for any damage to the land leased under this Indian tribes, shall prepare a map of the land to in this paragraph as the ‘‘reservation section caused by sloughing, erosion, or transferred under this section. The map shall boundaries’’) without requiring a State li- other changes to the land caused by the op- be on file in the appropriate offices of the censee to purchase a hunting license or per- eration of any project of the Pick-Sloan Mis- Secretary of the Army. mit from the Indian tribe. souri River Basin program. (d) TRANSFER CONDITIONS.—The land de- (v) NON-INDIAN LAND.—A non-Indian land- (2) FLOWAGE EASEMENT.—The Secretary of scribed in subsection (b) that was acquired owner who resides within the reservation the Army shall retain a flowage easement on for the Pick-Sloan Missouri River Basin pro- boundaries of an Indian tribe may hunt on

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the non-Indian’s land without securing a li- (I) NON-INDIANS.—A non-Indian violator of easements and rights-of-way to ensure access cense from the Indian tribe. a regulation that affects a hunting, fishing, for use of the land. (vi) DEEDED LAND.—Hunting on non-Indian or recreational activity on the allotted land (3) FENCING.—Any agency or Indian tribe and member private deeded land within the or tribal trust land of an Indian tribe shall that requires the land to be fenced shall be reservation boundaries of an Indian tribe be prosecuted in Federal court or a court of responsible for building and maintaining the shall be contingent on obtaining permission the Indian tribe, whichever is appropriate. fencing required. from the owner or lessee. (II) MEMBERS.—A member violator of a reg- (4) FEES.—An Indian tribe that leases land (vii) MEMBERS.—A member of an Indian ulation that affects a hunting, fishing, or to an original owner or other person de- tribe may hunt and fish on allotted or tribal recreational activity on the allotted land or scribed in paragraph (1) may charge a graz- trust land within the reservation boundaries tribal trust land of an Indian tribe shall be ing fee at a rate that does not exceed the of the Indian tribe with only a license from prosecuted in a court of the Indian tribe. rate charged by the Indian tribe for grazing the Indian tribe, if such a license is required. (ii) MISSOURI RIVER.— on comparable land within the external (C) ESTABLISHMENT OF WILDLIFE MANAGE- (I) NON-INDIANS.—A non-Indian violator of boundaries of the reservation of the Indian MENT RULES.— a regulation that affects a hunting, fishing, tribe. (i) RULES FOR MEMBERS.—Each Indian tribe or recreational activity on the water of the (5) ELIGIBILITY TO LEASE LAND FOR AGRICUL- shall establish such regulations, seasons, and Missouri River shall be prosecuted in a Fed- TURAL PURPOSES.—Not later than 1 year after bag limits for hunting or fishing by a mem- eral or State court, whichever is appropriate. the date of enactment of this Act, the Sec- ber on allotted land and trust land of the In- (II) MEMBERS.—A member violator of a reg- retary of the Interior shall determine which dian tribe as the wildlife management agen- ulation that affects a hunting, fishing, or original owners, heirs, and assignees (includ- cy of the Indian tribe determines appro- recreational activity on the water of the ing Indian allottees) meet the eligibility cri- priate. Missouri River within the reservation bound- teria to lease land for agricultural purposes (ii) RULES FOR NON-INDIANS.—Each Indian aries of an Indian tribe shall be prosecuted in under this section. tribe shall establish such regulations, sea- the court of the Indian tribe. sons, and bag limits for hunting or fishing by (G) PENALTIES.—The penalties for viola- SEC. 6. TERRESTRIAL WILDLIFE HABITAT MITI- non-Indians on allotted land and trust land tions of regulations that affect a hunting, GATION. of the Indian tribe as the wildlife manage- fishing, or recreational activity on the water (a) TERRESTRIAL WILDLIFE HABITAT MITIGA- ment agency of the Indian tribe determines of the Missouri River shall be identical for TION PLANS.— appropriate. members and non-Indians. (1) IN GENERAL.—In accordance with this (iii) FISHING RULES.—Each Indian tribe (7) OTHER INDIAN TRIBE REQUIREMENTS.— subsection and with the assistance of the shall adopt and enforce rules that affect fish- Each Indian tribe shall agree to meet the re- Secretary of the Army and the Secretary of ing on the water of the Missouri River with- quirements applicable to the Indian tribe the Interior, the State of South Dakota and in the reservation boundaries of the Indian under this Act. each Indian tribe shall, as a condition of the tribe that are agreed to by the State and af- (8) BOATING SAFETY; TEMPORARY LAND- receipt of funds under this Act, develop a fected tribe. INGS.—Each Indian tribe shall grant any per- plan for the mitigation of terrestrial wildlife (D) PROHIBITIONS.— son who operates a vessel the right of access, habitat loss that occurred as a result of (i) IN GENERAL.—Each Indian tribe shall— without charge, to land under the jurisdic- flooding related to projects carried out as (I) prohibit the use of gill or trammel nets tion of the Indian tribe located along the part of the Pick-Sloan Missouri River Basin and snagging of fish, other than when used in shore of the Missouri River or the reservoirs program. a fishery management effort by a certified of the Pick-Sloan Missouri River Basin pro- (2) FUNDING FOR CARRYING OUT PLANS.— tribal or State game, fish, and parks officer gram projects for the purposes of— (A) STATE.—The Secretary of the Treasury or employee; (A) ensuring safety under adverse weather shall make available to the State of South (II) require the use of nontoxic shot in the conditions (including storms and high Dakota funds from the South Dakota Wild- hunting of migratory waterfowl; and winds); life Habitat Mitigation Trust Fund estab- (III) prohibit the sale, trade, or barter of (B) otherwise making a landing that— lished by section 7, to be used to carry out fish or terrestrial wildlife or other such prac- (i) is for a purpose other than hunting, the plan. tices that are detrimental to game and fish fishing, or removing objects, including In- (B) INDIAN TRIBES.—The Secretary of the resources. dian cultural or archaeological materials; Interior shall make available to each Indian (ii) ENFORCEMENT.—Each Indian tribe and (ii) is of a duration of not more than 24 tribe funds from the Native American Wild- the State of South Dakota shall actively en- hours; and life Habitat Mitigation Trust Fund estab- force the prohibitions described in clause (i) (iii) is consistent with the protection of lished by section 8, to be used to carry out against members and non-Indians without natural resources and the environment. the plan. discrimination. (C) carrying out any subsequent co-man- (E) ENFORCEMENT OF RULES.— agement agreement that may be negotiated (b) PROGRAMS FOR THE PURCHASE OF WILD- (i) EXECUTION OF CROSS-DEPUTIZATION between the State of South Dakota and the LIFE HABITAT LEASES.— AGREEMENTS.— Indian tribe relating to hunting, fishing, or (1) IN GENERAL.—The State of South Da- (I) IN GENERAL.—Each Indian tribe shall recreational use; and kota may use payments received under sec- enter into a cross-deputization agreement (D) making an unarmed retrieval of water- tion 7(d)(3)(A)(ii), and each Indian tribe may with the State of South Dakota under which fowl (as determined under the law of the use payments received under section tribal officers, on certification by the Law State of South Dakota). 8(d)(3)(A)(ii), to develop or expand a program Enforcement Training and Standards Com- (9) EASEMENTS, RIGHTS-OF-WAY, LEASES, for the purchase of wildlife habitat leases mission or after receiving equivalent Federal AND COST-SHARING AGREEMENTS.— that meets the requirements of this sub- training, are granted the credentials of a (A) MAINTENANCE.—The Secretary of the section. State of South Dakota Deputy Conservation Interior shall maintain all existing ease- (2) DEVELOPMENT OF PLAN.— officer effective only within the reservation ments, rights-of-way, leases, and cost-shar- (A) IN GENERAL.—If the State of South Da- boundaries of the Indian tribe. ing agreements that are in effect as of the kota, or an Indian tribe, conducts a program (II) PROVISION OF TRIBAL ENFORCEMENT CRE- date of the transfer. in accordance with this subsection, the State DENTIALS.—Each Indian tribe shall provide (B) PAYMENTS TO COUNTY.—The Secretary of South Dakota, or the Indian tribe, in con- tribal enforcement credentials to State of of the Interior shall pay the affected county sultation with the United States Fish and South Dakota Conservation officers on proof 100 percent of the receipts from the ease- Wildlife Service and with opportunity for to the tribe that the officers are certified as ments, rights-of-way, leases, and cost-shar- public comment, shall develop a plan to conservation officers under Federal, tribal, ing agreements described in subparagraph lease land for the protection and develop- or State law, effective only within the res- (A). ment of wildlife habitat, including habitat ervation boundaries of the Indian tribe. (e) ACCESS BY ORIGINAL OWNERS.— for threatened and endangered species asso- (ii) ARRESTS.— (1) IN GENERAL.—An original owner of land ciated with the Missouri River ecosystem. (I) COORDINATION.—Any arrest made under transferred under this section (including an (B) USE FOR PROGRAM.—The plan shall be the authority of a cross-deputization agree- Indian allottee), and any other person who used by the State of South Dakota, or the In- ment shall be coordinated through the offi- has been assigned or has inherited land from dian tribe, in carrying out the program de- cer of the government that has prosecutorial an original landowner (or Indian allottee), veloped under paragraph (1). jurisdiction for the arrest. who maintains base property in the vicinity (3) CONDITIONS OF LEASES.—Each lease cov- (II) AVAILABILITY TO TESTIFY.—The officer of the land, shall be guaranteed access to and ered under a program under paragraph (1) who arrests or causes the arrest of a person a right to lease, for agricultural purposes shall specify that the owner of the property under the authority of a cross-deputization (including grazing), the land acquired from that is subject to the lease shall provide— agreement shall be reasonably available to the original owner by the Secretary of the (A) public access for sportsmen during testify in the appropriate tribal, Federal, or Army for the Pick-Sloan Missouri River hunting seasons; and State court. Basin program. (B) other outdoor uses covered under the (F) PROSECUTION.— (2) EASEMENTS AND RIGHTS-OF-WAY.—An In- lease, as negotiated by the landowner and (i) ALLOTTED LAND AND TRIBAL TRUST dian tribe shall honor past easements and the State of South Dakota or Indian tribe. LAND.— rights-of-way and provide reasonable future (4) USE OF ASSISTANCE.—

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(A) STATE OF SOUTH DAKOTA.—If the State (i) The implementation and administration plan under section 6(a), which payment shall of South Dakota conducts a program in ac- of a terrestrial wildlife habitat mitigation be made at such time as the Secretary of the cordance with this subsection, the State may plan under section 6(a). Army approves a terrestrial wildlife habitat use payments received under section (ii) The purchase and administration of mitigation plan developed by the Indian 7(d)(3)(A)(ii) to— wildlife habitat leases under section 6(b) and tribe under that section. (i) acquire easements, rights-of-way, or other activities described in that section. (ii) The purchase and administration of leases for management of wildlife habitat, (iii) The management, operation, adminis- wildlife habitat leases under section 6(b) and including habitat for threatened and endan- tration, maintenance, and development, in other activities described in that section. gered species, and public access to wildlife accordance with this Act, of all recreation (iii) The management, operation, adminis- on private land in the State of South Da- areas that are leased to the State of South tration, maintenance, and development, in kota; Dakota by the Army Corps of Engineers. accordance with this Act, of recreation areas (ii) create public access to Federal or State (iv) The development and maintenance of held in trust for the Indian tribes. land through the purchase of easements or public access to, and protection of, wildlife (iv) The development and maintenance of rights-of-way that traverse private property; habitat and recreation areas along the Mis- public access to, and protection of, wildlife or souri River. habitat and recreation areas along the Mis- (iii) lease land for the creation or restora- (B) ALLOCATION FOR PLAN.—The State of souri River. tion of a wetland on tribal or private land in South Dakota shall use the amounts trans- (v) The preservation of Native American the State of South Dakota. ferred under paragraph (2) to fully imple- cultural sites located on the transferred (B) INDIAN TRIBES.—If an Indian tribe con- ment the terrestrial wildlife habitat mitiga- land. ducts a program in accordance with this sub- tion plan of the State under section 6(a). (B) ALLOCATION FOR PLAN.—Each Indian section, the Indian tribe may use payments (C) PROHIBITION.—The amounts transferred tribe shall use the amounts transferred received under section 7(d)(3)(A)(ii) for the under paragraph (2) shall not be used for the under paragraph (2) and paid to the Indian purposes described in subparagraph (A). purchase of land in fee title. tribe to fully implement the terrestrial wild- (c) DEAUTHORIZATION OF BLUNT RESERVOIR (e) TRANSFERS AND WITHDRAWALS.—Except life habitat mitigation plan of the Indian PROJECT.— as provided in subsection (d), the Secretary tribe under section 6(a). of the Treasury may not transfer or with- (1) IN GENERAL.—The Blunt Reservoir and (C) PROHIBITION.—The amounts transferred draw any amount deposited under subsection Pierre Canal features of the Oahe Unit, ad- under paragraph (2) and paid to an Indian (b). ministered by the Bureau of Reclamation in tribe shall not be used for the purchase of (f) ADMINISTRATIVE EXPENSES.—There are the State of South Dakota, are not author- authorized to be appropriated to the Sec- land in fee title. ized after the date of enactment of this Act. retary of the Treasury such sums as are nec- (4) PRO RATA SHARE OF PAYMENTS.—In mak- (2) TRANSFER OF LAND.—Land associated essary to pay the administrative expenses of ing payments from the interest generated with the Blunt Reservoir and Pierre Canal the Fund. under the Fund, the Secretary of the Interior features of the Oahe Unit that is adminis- SEC. 8. NATIVE AMERICAN WILDLIFE HABITAT shall ensure that the total amount of pay- tered by the Bureau of Reclamation is trans- MITIGATION TRUST FUND. ments received by the Indian tribes under ferred in fee title to the State of South Da- (a) ESTABLISHMENT.—There is established paragraph (3) is distributed as follows: kota to be used for the purpose of terrestrial in the Treasury of the United States a fund (A) 79 percent shall be available to the wildlife habitat mitigation. to be known as the ‘‘Native American Wild- Cheyenne River Sioux Tribe. SEC. 7. SOUTH DAKOTA WILDLIFE HABITAT MITI- life Habitat Mitigation Trust Fund’’ (re- (B) 21 percent shall be available to the GATION TRUST FUND. ferred to in this section as the ‘‘Fund’’). Lower Brule Sioux Tribe. (a) ESTABLISHMENT.—There is established (b) FUNDING.—For the fiscal year following (e) TRANSFERS AND WITHDRAWALS.—Except in the Treasury of the United States a fund the fiscal year during which the aggregate of as provided in subsection (d), the Secretary to be known as the ‘‘South Dakota Wildlife the amounts deposited in the Lower Brule of the Treasury may not transfer or with- Habitat Mitigation Trust Fund’’ (referred to Sioux Tribe Infrastructure Development draw any amount deposited under subsection in this section as the ‘‘Fund’’). Trust Fund is equal to the amount specified (b). (b) FUNDING.—For the fiscal year following in section 4(b) of the Lower Brule Sioux (f) ADMINISTRATIVE EXPENSES.—There are the fiscal year during which the aggregate of Tribe Infrastructure Development Trust authorized to be appropriated to the Sec- the amounts deposited in the Lower Brule Fund Act of 1997, and for each fiscal year retary of the Treasury such sums as are nec- Sioux Tribe Infrastructure Development thereafter until such time as the aggregate essary to pay the administrative expenses of Trust Fund is equal to the amount specified of the amounts deposited in the Fund under the Fund. in section 4(b) of the Lower Brule Sioux this subsection, is equal to $47,400,000, the Tribe Infrastructure Development Trust SEC. 9. AUTHORIZATION OF ADMINISTRATIVE Secretary of the Treasury shall deposit in COSTS OF THE ARMY CORPS OF EN- Fund Act of 1997, and for each fiscal year the Fund an amount equal to 10 percent of GINEERS. thereafter until such time as the aggregate the receipts from the deposits in the Treas- There are authorized to be appropriated to of the amounts deposited in the Fund under ury of the United States for the preceding the Secretary of the Army such sums as are this subsection, is equal to $108,000,000, the fiscal year from the power program of the necessary— Secretary of the Treasury shall deposit in Pick-Sloan Missouri River Basin program, (1) to pay administrative expenses incurred the Fund an amount equal to 15 percent of administered by the Western Area Power Ad- in carrying out this Act; and the receipts from the deposits in the Treas- ministration. (2) to fund the implementation of terres- ury of the United States for the preceding (c) INVESTMENTS.—The Secretary of the trial wildlife habitat mitigation plans under fiscal year from the power program of the Treasury shall invest the amounts deposited section 6(a) until such time as funds are Pick-Sloan Missouri River Basin program, under subsection (b) only in interest-bearing available for use under sections 7(d)(3)(A)(i) administered by the Western Area Power Ad- obligations of the United States or in obliga- and 8(d)(3)(A)(i). ministration. tions guaranteed as to both principal and in- (c) INVESTMENTS.—The Secretary of the terest by the United States. SEC. 10. RULE OF CONSTRUCTION; PROHIBITION. Treasury shall invest the amounts deposited (d) PAYMENTS.— (a) STATUTORY CONSTRUCTION.—Nothing in under subsection (b) only in interest-bearing (1) IN GENERAL.—All amounts credited as this Act diminishes or affects— obligations of the United States or in obliga- interest under subsection (c) shall be avail- (1) any water right of an Indian tribe; tions guaranteed as to both principal and in- able, without fiscal year limitation, to the (2) any other right of an Indian tribe, ex- terest by the United States. Secretary of the Interior for use in accord- cept as specifically provided in another pro- (d) PAYMENTS.— ance with paragraphs (3) and (4). vision of this Act; (1) IN GENERAL.—All amounts credited as (2) WITHDRAWAL AND TRANSFER OF FUNDS.— (3) any valid, existing treaty right that is interest under subsection (c) shall be avail- At the request of the Secretary of the Inte- in effect on the date of enactment of this able, without fiscal year limitation, to the rior, the Secretary of the Treasury shall Act; State of South Dakota for use in accordance withdraw amounts credited as interest under (4) the external boundaries of any reserva- with paragraph (3). paragraph (1) and transfer the amounts to tion of an Indian tribe; (2) WITHDRAWAL AND TRANSFER OF FUNDS.— the Secretary of the Interior for use in ac- (5) any authority of the State of South Da- The Secretary of the Treasury shall with- cordance with paragraphs (3) and (4). The kota that relates to the protection, regula- draw amounts credited as interest under Secretary of the Treasury may not withdraw tion, or management of fish and terrestrial paragraph (1) and transfer the amounts to the amounts for any other purpose. wildlife resources, except as specifically pro- the State of South Dakota for use in accord- (3) USE OF TRANSFERRED FUNDS.— vided in another provision of this Act; ance with paragraph (3). The Secretary of (A) IN GENERAL.—Subject to subparagraphs (6) any authority or responsibility of the the Treasury may not withdraw the amounts (B) and (C) and paragraph (4), the Secretary Secretary of the Army or the Secretary of for any other purpose. of the Interior shall use the amounts trans- the Interior under a law in existence on the (3) USE OF TRANSFERRED FUNDS.— ferred under paragraph (2) only for the pur- date of enactment of this Act, including— (A) IN GENERAL.—Subject to subparagraphs pose of making payments to Indian tribes to (A) the Endangered Species Act of 1973 (16 (B) and (C), the State of South Dakota shall carry out the following activities: U.S.C. 1531 et seq.); use the amounts transferred under paragraph (i) The implementation and administration (B) the Migratory Bird Treaty Act (16 (2) only to carry out the following activities: of a terrestrial wildlife habitat mitigation U.S.C. 703 et seq.);

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11358 CONGRESSIONAL RECORD — SENATE October 29, 1997 (C) the Act entitled ‘‘An Act for the pro- mote areas, but misses a piece of the ton, his health advisers, former FDA tection of the bald eagle’’, approved June 8, health care puzzle for our frontier com- Commissioner David Kessler, former 1940 (16 U.S.C. 668 et seq.); munities—health clinics. Surgeon General C. Everett Koop, our (D) the Native American Graves Protection Frontier communities face condi- leading public health groups, and many and Repatriation Act (25 U.S.C. 3001 et seq.); and tions even more extreme than rural of us in the Congress have reviewed the (E) the National Historic Preservation Act communities. For example, the com- proposed settlement. While the attor- (16 U.S.C. 470 et seq.); or munities on the Fox Islands in Alaska neys general pushed the industry as (7) the ability of an Indian tribe to use the are 400 miles from the nearest limited- hard as they could, they had to make trust land transferred to the Indian tribe service hospital and 650 miles from the significant compromises along the way under this Act in a manner that is consistent nearest major, acute care hospital. to keep the industry at the bargaining with the use of other Indian trust land, ex- There are no hospitals or even limited- table. An examination of their deal cept as otherwise specifically provided in service hospitals on the Fox Islands— with the industry reflects the limits this Act. just health clinics. (b) POWER RATES.—No payment made under which they were operating and under this Act shall affect any power rate This legislation will enable clinics in shows that the settlement is flawed in under the Pick-Sloan Missouri River Basin frontier communities such as the Fox many respects. program. Islands to participate in the program. The Congress, Mr. President, is in an SEC. 11. AUTHORIZATION OF APPROPRIATIONS. A frontier area is defined in the bill as entirely different position vis-a-vis the There are authorized to be appropriated to borough with six or fewer people per tobacco industry. The Congress has no the Department of the Interior such sums as square mile. Additionally, to ensure need to make the kinds of concessions are necessary to carry out this Act. this extension goes to frontier commu- to the industry that the attorneys gen- nities who are truly in need, partici- eral did. The Congress does not need By Mr. MURKOWSKI (for himself pating clinics must be located in permission from the industry to take and Mr. THOMAS): health professional shortage areas, and steps to reduce teen smoking and put S. 1342. A bill to amend title XVIII of be more than a 50-mile drive from an- an end to hundreds of thousands of pre- the Social Security Act to increase ac- other facility. ventable deaths each year. We don’t cess to quality health care in frontier Mr. President, the Medicare Frontier have to settle. Our job is to develop communities by allowing health clinics Health Clinic and Center Act of 1997 is legislation in the public interest and and health centers greater Medicare the answer for ensuring health care for promote the public health. flexibility and reimbursement; to the our elderly who live in extremely rural Mr. President, virtually no one in the Committee on Finance. and frontier areas. Demonstrations Congress today supports the settle- THE MEDICARE FRONTIER HEALTH CLINIC AND conducted by the Health Care Financ- ment proposed by the industry and the CENTER ACT OF 1997 ing Administration have already prov- attorneys general. The settlement is Mr. MURKOWSKI. Mr. President, I en the cost effectiveness of limited- dead. It is gone with Joe Camel. After rise today to introduce the Medicare service facilities. extensive review, President Clinton Frontier Health Clinic and Center Act I would also point out that yester- recommended to the Congress that we of 1997. I am pleased that the junior day, the National Rural Health Asso- enact comprehensive tobacco control Senator from Wyoming, Senator THOM- ciation [NRHA], in a letter to Nancy- legislation, and focus on the public AS is cosponsoring this bill. Ann Min DeParle, the nominee to be health—not the tobacco industry’s in- Our bill clarifies the intent of Con- Administrator of the Health Care Fi- terests. gress to allow health clinics to partici- nancing Administration, endorsed the Mr. President, I share President Clin- pate in the new Medicare Rural Hos- concept of allowing rural clinics to ton’s deep reservation about the settle- pital Flexibility Program. participate in this program. ment as a framework for this legisla- Mr. President, great advances in I urge my colleagues to consider the tion. Instead, I would like to propose health care have occurred during the health care needs of frontier commu- an alternative framework for my col- past decades, however, some commu- nities and adopt this bill. leagues and others in the public health nities in remote areas continue to community to consider. I hope it will struggle to provide primary care serv- By Mr. LAUTENBERG: influence our deliberations next year, ices. These communities face unparal- S. 1343. A bill to amend the Internal and contribute to the enactment of ef- leled geographic, climatic and eco- Revenue Code of 1986 to increase the fective and comprehensive tobacco leg- nomic barriers to quality health care. excise tax rate on tobacco products and islation. Mr. President, this approach They simply do not have the resources, deposit the resulting revenues into a is not premised on the notion of a deal surface transportation nor the demand Public Health and Education Resource with the industry. Instead, it attempts to provide full service inpatient and Trust Fund, and for other purposes; to to build on the extremely thoughtful outpatient care—yet the community the Committee on Finance. and knowledgeable work of Drs. might be located hours from an acute THE PUBLIC HEALTH AND EDUCATION RESOURCE Kessler and Koop, and many other pub- care hospital in an urban center. ACT [PHAER] lic health experts and economists, who The Medicare Rural Hospital Flexi- Mr. LAUTENBERG. Mr. President, have studied these questions for a long bility Program in the Balanced Budget last spring, various State attorneys time. It is a public health measure, Act of 1997 addresses part of this di- general announced that they had pure and simple. lemma. It exempts many rural hos- reached a global agreement to settle Mr. President, today Representative pitals from burdensome Medicare regu- ongoing State lawsuits against the to- JIM HANSEN and I are introducing the lations designed for large urban hos- bacco industry in exchange for certain Public Health and Education Resource pitals and does not straight jacket concessions by the industry aimed at Act—or the PHAER Act. The PHAER them under the prospective payment reducing teen smoking. This truly his- Act is, in some ways simple and system. This limited-service model has toric agreement followed a persistent straightforward. It goes right at the already helped to reduce unnecessary effort by President Clinton to empower problem. It would raise the excise tax overhead and prevent cost shifting in the Food and Drug Administration to on tobacco by $1.50, consistent with the eight States. regulate nicotine and develop strate- President’s recommendation on pric- The Medicare Rural Hospital Flexi- gies to stop the addiction of our chil- ing. It specifically targets the revenues bility Act means that extremely rural dren to this deadly drug. President raised to public health, with an empha- communities will finally be able to Clinton is the first President in our Na- sis on reducing youth smoking rates. provide more complete health care to tion’s history to take on the tobacco This bipartisan, bicameral proposal is the elderly. However, Mr. President, industry on behalf of the American intended to serve as the blueprint for this important Medicare provision people and he deserves enormous credit accomplishing the public health goals needs legislative clarification. The for his bold and relentless leadership that the President and public health Medicare Rural Hospital Flexibility on this issue. leaders have outlined. Program addresses part of the dilemma Since the announcement of the glob- Mr. President, the overarching goal faced by communities located in re- al tobacco settlement, President Clin- of the public health community is to

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11359 decrease the rate of tobacco addiction health and educational programs to Health and the Centers for Disease in children. I believe the PHAER Act is further reduce teen tobacco addiction. Control. They will also be used to ade- the simplest and most direct way to ac- Our PHAER tobacco excise tax in- quately fund tobacco control programs complish that goal. Every health ex- crease will be phased in over 3 years. at the Food and Drug Administration pert concludes that the single most ef- Each year the fee will increase by 50 and to assure that tobacco farmers, fective way to reduce youth consump- cents until it reaches $1.50. Once at factory workers, and their commu- tion of cigarettes is to increase the $1.50, the PHAER fee will be indexed nities will not suffer economic devasta- price. According to the Congressional for inflation to guarantee that its tion as we move to reduce smoking. Research Service, a $1.50 increase in price-deterrent effect continues to be The PHAER Act would also contribute the price of cigarettes will result in a strong enough to maintain the reduc- to tobacco prevention programs at the 45-percent reduction in youth smoking tion in teen tobacco use. Veterans’ Administration, the Drug rates. The President has made this a Mr. President, many have stated that Czar’s office, and across the world prerequisite to any tobacco legislation. a price increase alone will not sustain through assistance to international So, Mr. President, the question be- a long term decrease in youth tobacco programs. PHAER would also fund fore Congress is how to accomplish this addiction, and they are right. That is Medicare prevention programs and pre- price increase and serve our public why the revenues from the PHAER fee mium and cost-sharing assistance for health interests. The tobacco settle- will be targeted to public health pro- low-income Medicare beneficiaries. ment would raise prices by funneling grams, with an emphasis on those that Mr. President, all of these goals—and money through the tobacco companies will directly decrease the number of many more—can be accomplished, and to accomplish a price increase. This ap- kids who begin to smoke every day. we do not need to ask the tobacco in- proach relies on the industry to raise Three-quarters of PHAER funds will dustry’s permission to do it. We just the price—which is a Catch-22. If the be disbursed at the State and local need to raise the tobacco excise tax industry does raise the price by a $1.50, level for health and education pro- and use the revenues to promote clear then there is no guarantee that all of grams that bring home to young people public health objectives. these revenues will go toward the pub- the deadly consequences of smoking. Mr. President, the reason we can ac- lic health. In fact, health experts and These funds will be distributed to the complish these goals is that the the Federal Trade Commission have States with the supervision and assist- PHAER fund will raise $494 billion over concluded that under the proposed set- ance by the Secretary of Health and 25 years—an average of nearly $20 bil- tlement, the companies would make a Human Services. We should set out na- lion per year. This estimate is based on substantial profit from such a price in- tional goals for reducing teen smoking, the tobacco consumption curve devel- crease—as less than half of the $1.50 and insist on accountability, but we oped by the Joint Committee on Tax- would actually go toward settlement should also give States the flexibility ation. It is a realistic calculation of payments. to develop the best programs for their the revenues that will flow from this On the other hand, the companies people. excise tax boost, even given antici- might not ever raise their prices to a Mr. President, each State will be able pated reductions in tobacco consump- point that actually makes a real dent to design teen smoking cessation pro- tion. in teen smoking. They could choose to grams that are most effective for its Mr. President, this revenue projec- simply raise it high enough to cover particular circumstance. An average of tion of $494 billion over 25 years is their settlement costs—estimated at 62 $15 billion per year will be available for much more reliable than the $368.5 bil- cents per pack. these States programs. Eligible uses in- lion figure projected by the tobacco in- Neither of these outcomes are posi- clude smoking cessation programs and dustry and State attorneys general as a tive for America’s health. That is why services, school and community-based result of their proposed settlement. the only fair way to accomplish these tobacco education and prevention pro- Those numbers are full of holes and de- goals is through the PHAER Act I am grams, counteradvertising campaigns, ceptions. The Federal Trade Commis- introducing today. expansion of the children’s health in- sion recently found that the much-pub- Mr. President, we know that an in- surance program created in the budget licized $368.5 billion figure so widely as- crease in excise taxes is the single act, and other public health purposes. sociated with the proposed tobacco set- most effective step we can take to re- Mr. President, it is critical that tlement failed to take into account the duce teen smoking, and through smoking cessation and addiction treat- effect of reduced consumption of to- PHAER we can ensure that every ment programs be put into place, and bacco on the industry’s payment obli- penny of the price increase is targeted the PHAER Program will do that. I gations under the terms of the settle- to programs that will further reduce il- hear a great deal of talk about adult ment. A more realistic estimate would legal youth tobacco consumption and choice. Well, most adults who smoke peg the proceeds of the proposed to- promote other critical public health are not really choosing to smoke—they bacco settlement closer to $250 billion priorities. This is the most effective are addicted. It is not merely a habit— over 25 years. and reliable mechanism to guarantee it is an addiction as powerful as the ad- Mr. President, when you look at real that prices go up and that revenues are diction to cocaine. And as the price of numbers, it is clear that the PHAER targeted to the proper programs. cigarettes goes up, we should put a sys- Act will provide States with consider- Mr. President, this is not a partisan tem in place that will help bring ad- ably more funds than the proposal by issue. Senators from both sides of the dicted smokers off nicotine. Cessation the tobacco industry and the attorneys aisle have stated that the excise tax is and treatment programs should be general. the most efficient and effective way to available to all Americans, regardless Finally, Mr. President, our bill in- reduce teen smoking and decrease the of their income. cludes a series of sense-of-the-Senate cost of tobacco illness in our country. Mr. President, these programs will be provisions. We include them in the bill This is one of the few taxes that people coordinated at the State level and the to reflect our recognition that com- actually support increasing. It is one of States will have flexibility to design prehensive tobacco legislation should the few taxes that can be directly their own programs. The States vary include a broader range of measures linked to positive policy goals. Now, all widely in the patterns of tobacco use. than the revenue proposals in PHAER. we need is the will to act. Some States have youth cigarette con- These provisions state that any final Mr. President, we propose a revenue sumption rates reaching catastrophic legislation should include: stiff pen- pipeline to the public health rather levels; other States have a more press- alties to serve as an incentive for the than relying on the Rubik’s cube pay- ing problem with chewing—or smoke- industry to stop targeting kids, full au- ment scheme offered by the industry. less—tobacco. thority for the Food and Drug Admin- Under my bill, excise tax increases will Mr. President, the remaining 25 per- istration to regulate tobacco, disclo- turn teenagers away from cigarettes cent of PHAER funds—an average of $5 sure of documents, restrictions on sec- and the proceeds of the increase will go billion per year—will be available at ondhand smoke, ingredient and con- directly to benefit America’s health. the Federal level to expand critical re- stituent disclosure and a ban on the These funds are targeted to public search at the National Institutes of use of Federal Government resources

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11360 CONGRESSIONAL RECORD — SENATE October 29, 1997 to weaken nondiscriminatory public public health groups supporting the ap- ‘‘In the case of ciga- The applicable rate health laws abroad. proach taken in this legislation be en- rettes removed dur- is: ing: Already this year, several key pieces tered into the RECORD. This includes a 1999 ...... $37.00 of tobacco legislation have been intro- letter from the ENACT Coalition, 2000 ...... $67.00 duced that should be part of congres- which is signed by the American Med- 2001 ...... $92.00 sional action next year on tobacco. I ical Association, the American Cancer 2002 ...... $94.50.; have introduced the Tobacco Disclo- Society, the American Heart Associa- sure and Warning Act, dealing with in- tion, American Academy of Pediatrics, and (2) by striking paragraph (2) and inserting gredient labeling, the Smoke-Free En- American College of Preventive Medi- vironment Act, which would restrict the following: cine, National Association of County ‘‘(2) LARGE CIGARETTES.— secondhand smoke, and the Worldwide and City Health Officials, Partnership ‘‘(A) IN GENERAL.—Except as provided in Tobacco Disclosure Act, which would for Prevention, and the Campaign for subparagraph (B), on cigarettes, weighing set out our international trade policy Tobacco-Free Kids. In addition, I am more than 3 pounds per thousand, the appli- on tobacco. I have also cosponsored inserting letters from the American cable rate per thousand determined in ac- Senator DURBIN’s legislation, the No Lung Association and the National As- cordance with the following table: Tobacco for Kids Act, which would set sociation of Counties, which also indi- ‘‘In the case of ciga- The applicable rate up real penalties to stop the industry cated support for the introduction of rettes removed dur- is: from targeting kids. the PHAER legislation. ing: In addition, along with Minnesota I also ask unanimous consent to in- 1998 ...... $25.20 State Attorney General Humphrey and sert the bill, a fact sheet, and a chart 1999 ...... $77.70 others, I have called for a full disclo- 2000 ...... $140.70 reflecting how many more lives would sure of hidden documents from the in- be saved under the PHAER Act as op- 2001 ...... $193.20 dustry, including those that have been posed to the tobacco industry’s pro- 2002 ...... $198.45. fraudulently concealed under the cloak posed settlement into the RECORD. ‘‘(B) EXCEPTION.—On cigarettes more than of the attorney-client privilege. I have 1 There being no objection, the mate- 6 ⁄2 inches in length, at the rate prescribed asked relevant committee chairmen to for cigarettes weighing not more than 3 rial was ordered to be printed in the subpoena documents being held by pounds per thousand, counting each 23⁄4 RECORD, as follows: Minnesota courts because Congress inches, or fraction thereof, of the length of must have the unfiltered truth before S. 1343 each as one cigarette.’’ we legislate on such a critical issue. Be it enacted by the Senate and House of Rep- (b) CIGARS.—Subsection (a) of section 5701 Hopefully, Mr. President, the State resentatives of the United States of America in of such Code is amended— Congress assembled, (1) by striking ‘‘$1.125 cents per thousand of Minnesota will do what the Congress (93.75 cents per thousand on cigars removed of the United States has so far failed to SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) SHORT TITLE.—This Act may be cited as during 1991 or 1992),’’ in paragraph (1) and in- do. Minnesota—which did not sign on the ‘‘Public Health and Education Resource serting ‘‘the applicable rate per thousand de- to the supposedly ‘‘global’’ tobacco set- (PHAER) Act’’. termined in accordance with the following tlement—is expected to go to trial in (b) TABLE OF CONTENTS.—The table of con- table: January. That case should bring sig- tents of this Act is as follows: ‘‘In the case of ci- The applicable rate is: nificant information to light—informa- Sec. 1. Short title; table of contents. gars removed tion on tobacco and health that will be TITLE I—IMPOSITION OF INCREASED during: critical to crafting appropriate legisla- TAXES ON TOBACCO PRODUCTS 1998 ...... $1.125 cents 1999 ...... $3.4687 cents tion in Congress. Sec. 101. Increase in excise tax rate on to- Mr. President, opponents of strength- bacco products in addition to 2000 ...... $6.2822 cents ening the proposed tobacco settlement such increase contained in the 2001 ...... $8.6264 cents assert the industry will ‘‘walk away’’ if Balanced Budget Act of 1997. 2002 ...... $8.8588 cents.’’; any legislation is too favorable to the Sec. 102. Tax treatment for certain tobacco- and public health. Last time I checked the related expenses. (2) by striking paragraph (2) and inserting the following: Constitution of the United States, only TITLE II—PHAER TRUST FUND ‘‘(2) LARGE CIGARS.—On cigars, weighing duly elected U.S. Senators could vote Sec. 201. Public Health and Education Re- source Trust Fund. more than 3 pounds per thousand, the appli- in this Chamber, and only Members, cable percentage of the price for which sold staff, and former Members could have TITLE III—FEDERAL STANDARDS WITH but not more that the applicable rate per access to the floor. As far as I’m con- RESPECT TO TOBACCO PRODUCTS thousand determined in accordance with the cerned, the tobacco industry can walk Sec. 301. Federal standards with respect to following table: tobacco products. anywhere it wants to—but not onto In the case of The applica- The applica- TITLE IV—SENSE OF THE SENATE this floor to cast votes for or lobby cigars re- ble per- ble rate is: against this legislation. Sec. 401. Sense of the Senate regarding com- moved dur- centage is:. Mr. President, all of us were elected prehensive tobacco legislation. ing:. to serve the people of our individual TITLE I—IMPOSITION OF INCREASED 1998 ...... 12.750% ... $30.00 States and the Nation as a whole. TAXES ON TOBACCO PRODUCTS 1999 ...... 39.312% ... $92.50 There are few things that I could do for SEC. 101. INCREASE IN EXCISE TAX RATE ON TO- 2000 ...... 71.189% ... $167.50 2001 ...... 97.753% ... $230.00 the people of New Jersey—especially BACCO PRODUCTS IN ADDITION TO SUCH INCREASE CONTAINED IN THE 2002 ...... 100.407% ... $236.25.’’ the young people and their parents— BALANCED BUDGET ACT OF 1997. that are more critical than preventing (a) CIGARETTES.—Subsection (b) of section (c) CIGARETTE PAPERS.—Subsection (c) of children from inhaling a deadly and ad- 5701 of the Internal Revenue Code of 1986 is section 5701 of such Code is amended to read dicting toxin into their body. amended— as follows: Mr. President, I urge my colleagues (1) by striking ‘‘$12 per thousand ($10 per ‘‘(c) CIGARETTE PAPERS.— to cosponsor the PHAER legislation. It thousand on cigarettes removed during 1991 ‘‘(1) IN GENERAL.—Except as provided in or 1992);’’ in paragraph (1) and inserting ‘‘the is not time to strike a deal with Big paragraph (2), on each book or set of ciga- applicable rate per thousand determined in Tobacco, but rather it is time to make rette papers containing more than 25 papers, accordance with the following table: manufactured in or imported into the United a healthy future real for America’s ‘‘In the case of ciga- The applicable rate States, there shall be imposed a tax of the kids. rettes removed dur- is: applicable rate for each 50 papers or frac- Mr. President, I ask unanimous con- ing: tional part thereof as determined in accord- sent that letters I have received from 1998 ...... $12.00 ance with the following table:

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0655 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11361 (b)(2)) applicable to the preceding calendar ‘‘In the case of ‘‘In the case of year (after the application of this sub- cigarette pa- The applicable rate is: pipe tobacco section) shall be increased by an amount pers removed removed dur- equal to— during: ing: The applicable rate is: ‘‘(1) such dollar amount (or percentage), 1998 ...... 0.75 cent 1998 ...... 67.5 cents multiplied by 1999 ...... 2.31 cents 1999 ...... $2.0812 cents ‘‘(2) the greatest of— 2000 ...... 4.18 cents 2000 ...... $3.7705 cents ‘‘(A) the cost-of-living adjustment deter- 2001 ...... 5.74 cents 2001 ...... $5.1774 cents mined under section 1(f)(3) for such calendar 2002 ...... 5.91 cents. 2002 ...... $5.3157 cents.’’ year by substituting ‘the second preceding ‘‘(2) EXCEPTION.—If cigarette papers meas- (g) IMPOSITION OF EXCISE TAX ON MANUFAC- calendar year’ for ‘calendar year 1992’ in sub- ure more than 61⁄2 inches in length, such cig- TURE OR IMPORTATION OF ROLL-YOUR-OWN TO- paragraph (B) thereof, arette papers shall be taxable at the rate BACCO.— ‘‘(B) the medical consumer price index for prescribed, counting each 23⁄4 inches, or frac- (1) IN GENERAL.—Section 5701 of such Code such calendar year determined in the same tion thereof, of the length of each as one cig- (relating to rate of tax) is amended by redes- manner as the adjustment described in sub- arette paper.’’ ignating subsection (g) as subsection (h) and paragraph (A), or (d) CIGARETTE TUBES.—Subsection (d) of by inserting after subsection (f) the fol- ‘‘(C) 3 percent. section 5701 of such Code is amended to read lowing new subsection: ‘‘(j) FLOOR STOCKS TAXES.— as follows: ‘‘(g) ROLL-YOUR-OWN TOBACCO.—On roll- your-own tobacco, manufactured in or im- ‘‘(1) IMPOSITION OF TAX.—On tobacco prod- ‘‘(d) CIGARETTE TUBES.— ported into the United States, there shall be ucts and cigarette papers and tubes manufac- ‘‘(1) IN GENERAL.—Except as provided in imposed a tax of the applicable rate per tured in or imported into the United States paragraph (2), on cigarette tubes, manufac- pound determined in accordance with the which are removed before any tax increase tured in or imported into the United States, following table (and a proportionate tax at date, and held on such date for sale by any there shall be imposed a tax of the applicable person, there is hereby imposed a tax in an rate for each 50 tubes or fractional part the like rate on all fractional parts of a thereof as determined in accordance with the pound): amount equal to the excess of— ‘‘(A) the tax which would be imposed under following table: ‘‘In the case of The applicable rate is: any preceding subsection of this section on roll-your-own ‘‘In the case of The applicable rate is: the article if the article had been removed on cigarette tubes tobacco re- such date, over removed dur- moved during: ing: 1998 ...... 67.5 cents ‘‘(B) the prior tax (if any) imposed under 1998 ...... 1.50 cents 1999 ...... $2.0812 cents such subsection on such article. 1999 ...... 4.62 cents 2000 ...... $3.7705 cents ‘‘(2) LIABILITY FOR TAX AND METHOD OF PAY- 2000 ...... 8.39 cents 2001 ...... $5.1774 cents MENT.— 2001 ...... 11.53 cents 2002 ...... $5.3157 cents.’’ ‘‘(A) LIABILITY FOR TAX.—A person holding 2002 ...... 11.82 cents. (2) ROLL-YOUR-OWN TOBACCO.—Section 5702 cigarettes on any tax increase date, to which of such Code (relating to definitions) is any tax imposed by paragraph (1) applies ‘‘(2) EXCEPTION.—If cigarette tubes meas- amended by adding at the end the following shall be liable for such tax. ure more than 61⁄2 inches in length, such cig- ‘‘(B) METHOD OF PAYMENT.—The tax im- arette tubes shall be taxable at the rate pre- new subsection: ‘‘(p) ROLL-YOUR-OWN TOBACCO.—The term posed by paragraph (1) shall be paid in such scribed, counting each 23⁄4 inches, or fraction manner as the Secretary shall prescribe by thereof, of the length of each as one ciga- ‘roll-your-own tobacco’ means any tobacco regulations. rette tube.’’ which, because of its appearance, type, pack- aging, or labeling, is suitable for use and ‘‘(C) TIME FOR PAYMENT.—The tax imposed (e) SMOKELESS TOBACCO.—Paragraphs (1) likely to be offered to, or purchased by, con- by paragraph (1) shall be paid on or before and (2) of subsection (e) of section 5701 of sumers as tobacco for making cigarettes.’’ April 1 following any tax increase date. such Code are is amended to read as follows: (3) TECHNICAL AMENDMENTS.— ‘‘(3) ARTICLES IN FOREIGN TRADE ZONES.— ‘‘(1) SNUFF.—On snuff, the applicable rate (A) Subsection (c) of section 5702 of such per pound determined in accordance with the Notwithstanding the Act of June 18, 1934 (48 Code is amended by striking ‘‘and pipe to- following table (and a proportionate tax at Stat. 998, 19 U.S.C. 81a) and any other provi- bacco’’ and inserting ‘‘pipe tobacco, and roll- the like rate on all fractional parts of a sion of law, any article which is located in a your-own tobacco’’. pound): foreign trade zone on any tax increase date, (B) Subsection (d) of section 5702 of such shall be subject to the tax imposed by para- ‘‘In the case of The applicable rate is: Code is amended— graph (1) if— snuff removed (i) in the material preceding paragraph (1), during: ‘‘(A) internal revenue taxes have been de- by striking ‘‘or pipe tobacco’’ and inserting termined, or customs duties liquidated, with 1998 ...... 36 cents ‘‘pipe tobacco, or roll-your-own tobacco’’, respect to such article before such date pur- 1999 ...... $1.11 and suant to a request made under the 1st pro- 2000 ...... $2.01 (ii) by striking paragraph (1) and inserting viso of section 3(a) of such Act, or 2001 ...... $2.76 the following new paragraph: 2002 ...... $2.835 cents. ‘‘(1) a person who produces cigars, ciga- ‘‘(B) such article is held on such date under rettes, smokeless tobacco, pipe tobacco, or the supervision of a customs officer pursuant ‘‘(2) CHEWING TOBACCO.—On chewing to- to the 2d proviso of such section 3(a). bacco, the applicable rate per pound deter- roll-your-own tobacco solely for the person’s ‘‘(4) TAX INCREASE DATE.—The term ‘‘tax mined in accordance with the following table own personal consumption or use, and’’. increase date’’ means January 1. (and a proportionate tax at the like rate on (C) The chapter heading for chapter 52 of ‘‘(5) CONTROLLED GROUPS.—Rules similar to all fractional parts of a pound): such Code is amended to read as follows: the rules of section 5061(e)(3) shall apply for ‘‘CHAPTER 52—TOBACCO PRODUCTS AND ‘‘In the case of The applicable rate is: purposes of this subsection. chewing to- CIGARETTE PAPERS AND TUBES’’. ‘‘(6) OTHER LAWS APPLICABLE.—All provi- bacco removed (D) The table of chapters for subtitle E of sions of law, including penalties, applicable during: such Code is amended by striking the item with respect to the taxes imposed by the pre- 1998 ...... 12 cents relating to chapter 52 and inserting the fol- 1999 ...... 37 cents lowing new item: ceding subsections of this section shall, inso- 2000 ...... 67 cents far as applicable and not inconsistent with ‘‘CHAPTER 52. Tobacco products and cigarette the provisions of this subsection, apply to 2001 ...... 92 cents papers and tubes.’’ 2002 ...... 94.5 cents.’’ the floor stocks taxes imposed by paragraph (h) INFLATION ADJUSTMENT OF RATES AND (1), to the same extent as if such taxes were (f) PIPE TOBACCO.—Subsection (f) of section FLOOR STOCKS TAXES.—Section 5701 of such imposed by such subsections. The Secretary 5701 of such Code is amended to read as fol- Code, as amended by subsection (g), is may treat any person who bore the ultimate lows: amended by redesignating subsection (h) as burden of the tax imposed by paragraph (1) ‘‘(f) PIPE TOBACCO.—On pipe tobacco, man- subsection (j) and by inserting after sub- as the person to whom a credit or refund ufactured in or imported into the United section (g) the following: under such provisions may be allowed or States, there shall be imposed a tax of the ‘‘(h) INFLATION ADJUSTMENT.—In the case of made.’’ applicable rate per pound determined in ac- a calendar year after 2002, the dollar amount (i) MODIFICATIONS OF CERTAIN TOBACCO TAX cordance with the following table (and a pro- contained in the table in each of the pre- PROVISIONS.— portionate tax at the like rate on all frac- ceding subsections (and the percentage con- tional parts of a pound): tained in the table contained in subsection

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(1) EXEMPTION FOR EXPORTED TOBACCO (C) The heading for subchapter B of chap- school and community-based tobacco edu- PRODUCTS AND CIGARETTE PAPERS AND TUBES ter 52 of such Code is amended by inserting cation, prevention, and treatment programs. TO APPLY ONLY TO ARTICLES MARKED FOR EX- ‘‘and Importers’’ after ‘‘Manufacturers’’. ‘‘(ii) Not less than 10 nor more than 30 per- PORT.— (D) The item relating to subchapter B in cent of such amounts to State and local (A) Subsection (b) of section 5704 of such the table of subchapters for chapter 52 of smoking cessation programs and services, in- Code is amended by adding at the end the such Code is amended by inserting ‘‘and im- cluding pharmacological therapies. following new sentence: ‘‘Tobacco products porters’’ after ‘‘manufacturers’’. ‘‘(iii) Not less than 10 nor more than 30 per- and cigarette papers and tubes may not be (3) BOOKS OF 25 OR FEWER CIGARETTE PAPERS cent of such amounts to State and local transferred or removed under this subsection SUBJECT TO TAX.—Subsection (c) of section counter advertising programs. unless such products or papers and tubes 5701 of such Code is amended by striking ‘‘On ‘‘(iv) Not less than 10 nor more than 25 per- bear such marks, labels, or notices as the each book or set of cigarette papers con- cent of such amounts to the State Children’s Secretary shall by regulations prescribe.’’ taining more than 25 papers,’’ and inserting Health Insurance Program under title XXI of (B) Section 5761 of such Code is amended by ‘‘On cigarette papers,’’. the Social Security Act (42 U.S.C. 1397aa et redesignating subsections (c) and (d) as sub- (4) STORAGE OF TOBACCO PRODUCTS.—Sub- seq.) to be in addition to the amount appro- sections (d) and (e), respectively, and by in- section (k) of section 5702 of such Code is priated under section 2104 of such Act. serting after subsection (b) the following new amended by inserting ‘‘under section 5704’’ ‘‘(v) Not less than 5 nor more than 10 per- subsection: after ‘‘internal revenue bond’’. cent of such amounts to— ‘‘(c) SALE OF TOBACCO PRODUCTS AND CIGA- (5) AUTHORITY TO PRESCRIBE MINIMUM MANU- ‘‘(I) the Special Supplemental Food Pro- RETTE PAPERS AND TUBES FOR EXPORT.—Ex- FACTURING ACTIVITY REQUIREMENTS.—Section gram for Women, Infants, and Children under cept as provided in subsections (b) and (d) of 5712 of such Code is amended by striking section 17 of the Child Nutrition Act of 1966 section 5704— ‘‘or’’ at the end of paragraph (1), by redesig- (42 U.S.C. 1786) to be in addition to the ‘‘(1) every person who sells, relands, or re- nating paragraph (2) as paragraph (3), and by amount appropriated under such section, or ceives within the jurisdiction of the United inserting after paragraph (1) the following ‘‘(II) the Maternal and Child Health Serv- States any tobacco products or cigarette pa- new paragraph: ices Block Grant program under title V of pers or tubes which have been labeled or ‘‘(2) the activity proposed to be carried out the Social Security Act (42 U.S.C. 701 et seq.) shipped for exportation under this chapter, at such premises does not meet such min- to be in addition to the amount appropriated ‘‘(2) every person who sells or receives such imum capacity or activity requirements as under such title, or relanded tobacco products or cigarette pa- the Secretary may prescribe, or’’. ‘‘(III) a combination of both programs as pers or tubes, and (j) REPEAL OF DUPLICATIVE PROVISIONS.— determined by the State. ‘‘(3) every person who aids or abets in such Section 9302 (other than subsection (i)(2)) of ‘‘(vi) Not less than 1 nor more than 3 per- selling, relanding, or receiving, the Balanced Budget Act of 1997 is repealed. cent of such amounts to the American Stop shall, in addition to the tax and any other (k) EFFECTIVE DATE.—The amendments Smoking Intervention Study for Cancer Pre- penalty provided in this title, be liable for a and repeal made by this section shall apply vention (ASSIST) program for such State or penalty equal to the greater of $1,000 or 5 to articles removed (as defined in section other State or local community-based to- times the amount of the tax imposed by this 5702(k) of the Internal Revenue Code of 1986, bacco control programs. chapter. All tobacco products and cigarette as amended by this section) after December ‘‘(vii) Not more than 5 percent of such papers and tubes relanded within the juris- 31, 1997. amounts to a State general health care block diction of the United States, and all vessels, SEC. 102. TAX TREATMENT FOR CERTAIN TO- grant program. vehicles, and aircraft used in such relanding BACCO-RELATED EXPENSES. ‘‘(B) ALLOCATION RULES.—For purposes of or in removing such products, papers, and (a) IN GENERAL.—Section 275(a) of the In- subparagraph (A), the applicable percentage tubes from the place where relanded, shall be ternal Revenue Code of 1986 (relating to cer- for any State is determined in accordance forfeited to the United States.’’ tain taxes) is amended by inserting after with the following table: (C) Subsection (a) of section 5761 of such paragraph (6) the following: Code is amended by striking ‘‘subsection (b)’’ ‘‘(7) Taxes imposed by chapter 52, but only State Applicable and inserting ‘‘subsection (b) or (c)’’. in an amount determined at rates in excess Percentage (D) Subsection (d) of section 5761 of such of the rates of such taxes effective in 1998.’’ Alabama ...... 1.270390 Code, as redesignated by subparagraph (B), is (b) EFFECTIVE DATE.—The amendment Alaska ...... 0.241356 amended by striking ‘‘The penalty imposed made by this section shall apply to taxable Arizona ...... 1.163883 by subsection (b)’’ and inserting ‘‘The pen- years beginning after December 31, 1998. Arkansas ...... 0.751011 alties imposed by subsections (b) and (c)’’. TITLE II—PHAER TRUST FUND California ...... 8.805641 (E)(i) Subpart F of chapter 52 of such Code Colorado ...... 1.054018 SEC. 201. PUBLIC HEALTH AND EDUCATION RE- Connecticut ...... 1.596937 is amended by adding at the end the fol- SOURCE TRUST FUND. Delaware ...... 0.227018 lowing new section: (a) IN GENERAL.—Subchapter A of chapter District of Columbia ...... 0.534487 ‘‘SEC. 5754. RESTRICTION ON IMPORTATION OF 98 of the Internal Revenue Code of 1986 (re- PREVIOUSLY EXPORTED TOBACCO lating to trust fund code) is amended by add- Florida ...... 3.590667 PRODUCTS. ing at the end the following new section: Georgia ...... 2.007112 Hawaii ...... 0.642527 ‘‘(a) IN GENERAL.—Tobacco products and ‘‘SEC. 9512. PUBLIC HEALTH AND EDUCATION RE- cigarette papers and tubes previously ex- SOURCE TRUST FUND. Idaho ...... 0.257835 ported from the United States may be im- ‘‘(a) CREATION OF TRUST FUND.—There is Illinois ...... 4.272898 ported or brought into the United States established in the Treasury of the United Indiana ...... 1.714594 only as provided in section 5704(d). For pur- States a trust fund to be known as the ‘Pub- Iowa ...... 0.758686 poses of this section, section 5704(d), section lic Health and Education Resource Trust Kansas ...... 0.762230 5761, and such other provisions as the Sec- Fund’ (hereafter referred to in this section as Kentucky ...... 1.875439 retary may specify by regulations, references the ‘PHAER Trust Fund’), consisting of such Louisiana ...... 1.916886 to exportation shall be treated as including a amounts as may be appropriated or trans- Maine ...... 0.870740 reference to shipment to the Commonwealth ferred to the Trust Fund as provided in this Maryland ...... 2.051849 of Puerto Rico. section or section 9602(b). Massachusetts ...... 3.700447 ‘‘(b) CROSS REFERENCE.— ‘‘(b) TRANSFERS TO TRUST FUND.—There is Michigan ...... 4.431824 ‘‘For penalty for the sale of tobacco prod- hereby appropriated to the Trust Fund an Minnesota ...... 2.474364 ucts and cigarette papers and tubes in the amount equivalent to the net increase in Mississippi ...... 0.851450 United States which are labeled for export, revenues received in the Treasury attrib- Missouri ...... 1.659116 see section 5761(c).’’ utable to the amendments made by section 2 Montana ...... 0.335974 (ii) The table of sections for subpart F of of the Public Health and Education Resource Nebraska ...... 0.445356 chapter 52 of such Code is amended by adding (PHAER) Act as estimated by the Secretary. Nevada ...... 0.307294 at the end the following new item: ‘‘(c) OBLIGATIONS FROM TRUST FUND.— New Hampshire ...... 0.552048 ‘‘(1) STATE PROGRAMS.— New Jersey ...... 3.494187 ‘‘Sec. 5754. Restriction on importation of pre- ‘‘(A) IN GENERAL.—An applicable percent- New Mexico ...... 0.465816 viously exported tobacco prod- age of 75 percent of the amounts available in New York ...... 4.529380 ucts.’’ the Trust Fund in a fiscal year shall be dis- North Carolina ...... 2.097625 (2) IMPORTERS REQUIRED TO BE QUALIFIED.— tributed by the Secretary of Health and North Dakota ...... 0.250758 (A) Sections 5712, 5713(a), 5721, 5722, Human Services to each State meeting the Ohio ...... 4.690156 5762(a)(1), and 5763 (b) and (c) of such Code requirements of subparagraphs (C) and (D) to Oklahoma ...... 0.841972 are each amended by inserting ‘‘or importer’’ be used by such State and by local govern- Oregon ...... 1.092920 after ‘‘manufacturer’’. ment entities within such State in such fis- Pennsylvania ...... 5.233270 (B) The heading of subsection (b) of section cal year and the succeeding fiscal year in the Rhode Island ...... 0.821727 5763 of such Code is amended by inserting following manner: South Carolina ...... 0.883628 ‘‘QUALIFIED IMPORTERS,’’ after ‘‘MANUFAC- ‘‘(i) Not less than 10 nor more than 30 per- South Dakota ...... 0.234849 TURERS,’’. cent of such amounts to State and local Tennessee ...... 2.479873

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State Applicable ‘‘(vi) 2 percent of such amounts to the Of- THE PUBLIC HEALTH AND EDUCATION Percentage fice of the Administrator of the Agency for RESOURCE [PHAER] ACT Texas ...... 4.451382 International Development to be allocated PHAER would raise the price of cigarettes Utah ...... 0.330016 at the Administrator’s discretion to to a level that would decrease youth smok- Vermont ...... 0.370244 strengthen international efforts to control ing by half. Virginia ...... 1.373860 tobacco. PHAER would place a $1.50 Public Health Washington ...... 1.794612 ‘‘(vii) 2 percent of such amounts to the Of- and Education Resource (PHAER) per-pack West Virginia ...... 1.003660 fice of the Director of the Office of National Wisconsin ...... 2.098696 fee on cigarettes and a comparable fee on Wyoming ...... 0.122405 Drug Control Policy to be allocated at the other tobacco products. American Samoa ...... 0.008681 Director’s discretion to conduct tobacco edu- The PHAER fee would be phased in by 50- N. Mariana Islands ...... 0.001519 cation and prevention programs. cent increments over three years. Guam ...... 0.006506 ‘‘(viii) 1 percent of such amounts to the Of- In the fourth year, the PHAER fee would U.S. Virgin Islands ...... 0.004804 fice of the Secretary of Veterans Affairs to be indexed for inflation to ensure that youth Puerto Rico ...... 0.193175 be allocated at the Secretary’s discretion to smoking does not rise again due to infla- tionary effects. This index will be based on ‘‘(C) STATE PLANS FOR CERTAIN ALLOCA- conduct tobacco education, intervention, and the CPI, the Medical CPI or an increase of TIONS.—Each State, working in collaboration outreach programs. with local government entities, shall submit ‘‘(B) GRANTS AND CONTRACTS FULLY FUNDED 3%, whichever is greater. The PHAER fee will raise approximately a plan to the Secretary of Health and Human IN FIRST YEAR.—With respect to any grant or $494 billion over 25 years (using the tobacco Services for approval for an allocation under contract funded by amounts distributed consumption projections of the Joint Com- the programs described in subparagraph (A), under paragraph (1), the full amount of the mittee on Taxation), an average of almost specifying the percentage share for each pro- total obligation of such grant or contract shall be funded in the first year of such grant $20 billion per year. Of these funds: gram. Each State plan shall provide for an 75% (an average of $15 billion per year) will equitable allocation of funds to local govern- or contract, and shall remain available until expended.’’ be distributed at the State level for: Smok- ment entities, specifically in relation to ing cessation programs and services; school (b) CONFORMING AMENDMENT.—The table of local government tobacco-related health and community-based tobacco education and sections for such subchapter A is amended by care needs and anti-tobacco education, pre- prevention programs; State-level counter-ad- adding at the end the following new item: vention, and control activities. If a State vertising campaigns; ASSIST and similar fails to provide any component of a State ‘‘Sec. 9512. Public Health and Education Re- community-based tobacco control programs; plan with respect to any program allocation source Trust Fund.’’ expansion of the Children’s Health Insurance or if the Secretary of Health and Human Program created in the 1977 Budget Rec- Services disapproves any such component, TITLE III—FEDERAL STANDARDS WITH RESPECT TO TOBACCO PRODUCTS onciliation Act; early childhood development the Secretary may make the allocation for programs through the Maternal Child Health such program to 1 or more local government SEC. 301. FEDERAL STANDARDS WITH RESPECT Block Grant and WIC; and other appropriate TO TOBACCO PRODUCTS. or private entities located in such State pur- public health uses. suant to plans submitted by such entities (a) CIGARETTES.—Subsection (b) of section 25% (an average of $5 billion per year) will and approved by the Secretary. 5 of the Federal Cigarette Labeling And Ad- be distributed at the Federal level for: Re- ‘‘(D) PROHIBITION OF SUPPLANTATION OF vertising Act (15 U.S.C. 1334(b)) is repealed. search and prevention programs at NIH and STATE FUNDS.—Each State shall demonstrate (b) SMOKELESS TOBACCO.—Subsection (b) of CDC; FDA jurisdiction over tobacco prod- to the satisfaction of the Secretary of Health section 7 of the Comprehensive Smokeless ucts; USDA programs to assist tobacco farm- and Human Services that an allocation to a Tobacco Health Education Act of 1986 (15 ers, their families and their communities; a State under a program described in subpara- U.S.C. 4406(b)) is repealed. national counter-advertising campaign; graph (A) in any fiscal year shall be used to TITLE IV—SENSE OF THE SENATE Medicare prevention programs and premium supplement, not supplant, existing funding and cost-sharing assistance for low-income for such program. SEC. 401. SENSE OF THE SENATE REGARDING Medicare beneficiaries; International Pro- ‘‘(2) FEDERAL PROGRAMS.— COMPREHENSIVE TOBACCO LEGIS- grams to decrease worldwide tobacco-related LATION. ‘‘(A) IN GENERAL.—Twenty-five percent of illness; the Drug Czar to conduct tobacco the amounts available in the Trust Fund in It is the sense of the Senate that any final education and prevention programs; and the a fiscal year shall be distributed in the fol- comprehensive tobacco legislation funded by VA to conduct tobacco education, interven- lowing manner: the PHAER Trust Fund under section 9512 of tion and outreach programs. ‘‘(i) 10 percent of such amounts to the Of- the Internal Revenue Code of 1986, as added fice of the Commissioner of Food and Drug by section 201 of this Act, must include, at EFFECTIVE NATIONAL ACTION Administration to be allocated at the Com- the very least, the following additional ele- TO CONTROL TOBACCO, missioner’s discretion to conduct tobacco ments: Washington, DC, October 28, 1997. control activities. (1) Stiff penalties that give the tobacco in- Hon. FRANK R. LAUTENBERG, ‘‘(ii) 25 percent of such amounts to the Of- dustry the strongest possible incentive to U.S. Senate. fice of the Secretary of Agriculture to be al- stop targeting children. Hon. JAMES V. HANSEN, located at the Secretary’s discretion to pro- (2) Full authority for the Food and Drug House of Representatives. tect the financial well-being of tobacco farm- Administration to regulate tobacco like any DEAR SENATOR AND CONGRESSMAN: On be- ers, their families, and their communities. other drug or device with sufficient flexi- half of our millions of public health officials ‘‘(iii) 20 percent of such amounts to be allo- bility to meet changing circumstances. and professionals, health care providers and cated at the discretion of the Secretary of (3) Codification of the Food and Drug Ad- volunteer members of ENACT, the coalition Health and Human Services to— ministration’s initiative to prevent teen for Effective National Action To Control To- ‘‘(I) the Office of the Director of the Na- smoking and the imposition of stronger re- bacco, we applaud the introduction of the tional Institutes of Health to be allocated at strictions on youth access and advertising Public Health and Education Resource the Director’s discretion to conduct disease consistent with the United States Constitu- (PHAER) Act. research, and tion. We particularly want to thank you for ‘‘(II) the Office of the Director of the Cen- (4) Broad disclosure of tobacco industry your leadership in reaffirming what the ters for Disease Control and Prevention to be documents, including documents that have members of the coalition have said in the allocated at the Director’s discretion to de- been hidden under false claims of the attor- ENACT consensus statement regarding in- crease smoking. ney-client privilege. creases in the cost of tobacco products. Ex- ‘‘(iv) 20 percent of such amounts to the Of- (5) Efforts to ensure that the tobacco in- perts in the area of tobacco control agree fice of the Secretary of Health and Human dustry stops marketing and promoting to- that significant increases in the cost per Services to be allocated at the Secretary’s bacco to children, including comprehensive pack deter children and others from taking discretion— corporate compliance programs. up the use of tobacco. The ENACT coalition ‘‘(I) to conduct prevention programs re- (6) Elimination of secondhand tobacco believes strongly that such an increase in sulting from the study under section 4108 of smoke in public and private buildings in the federal excise tax is essential. the Balanced Budget Act of 1997, and which 10 or more people regularly enter. In addition to providing for a $1.50 excise ‘‘(II) to increase the Federal payment for (7) Disclosure of the ingredients and con- tax per pack, indexed to inflation, and the the coverage of qualified medicare bene- stituents of all tobacco products to the pub- nondeductibility of those new taxes, you ficiaries under section 1902(a)(10)(E)(i) of the lic and the imposition of more prominent have addressed many essential public health Social Security Act (42 U.S.C. health warning labels on packaging to send a programs. Adequate funding of these pro- 1396a(a)(10)(E)(i)) and specified low-income strong and clear message to children about grams is integral to comprehensive, sustain- medicare beneficiaries under section the dangers of tobacco use. able, effective, well-funded tobacco control 1902(a)(10)(E)(iii) of such Act (42 U.S.C. (8) A prohibition on the use of Federal Gov- legislation. We look forward to working with 1396a(a)(10)(E)(iii)). ernment resources to weaken nondiscrim- you and the supporters of your legislation to ‘‘(v) 20 percent of such amounts to fund a inatory public health laws or promote to- get action on tobacco now. national counter advertising program. bacco sales abroad. Signed,

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11364 CONGRESSIONAL RECORD — SENATE October 29, 1997 AMERICAN ACADEMY OF very responsive to our concerns. NACo looks kota [Mr. DORGAN] was added as a co- PEDIATRICS. forward to working with you and your staff sponsor of S. 219, a bill to amend the AMERICAN CANCER SOCIETY. as tobacco legislation moves forward. Trade Act of 1974 to establish proce- AMERICAN COLLEGE OF Very Truly Yours, dures for identifying countries that PREVENTIVE MEDICINE. RANDY JOHNSON, deny market access for value-added ag- AMERICAN HEART President, NACo, ASSOCIATION. Hennepin County Commissioner. ricultural products of the United AMERICAN MEDICAL States. ASSOCIATION. S. 222 CAMPAIGN FOR TOBACCO PHAER: REDUCTION IN YOUTH SMOKING AND INCREASE IN At the request of Mr. DOMENICI, the FREE KIDS. LIVES SAVED name of the Senator from Nebraska NATIONAL ASSOCIATION OF Additional [Mr. KERREY] was added as a cosponsor COUNTY AND CITY HEALTH Youth smok- Youth smok- lives saved of S. 222, a bill to establish an advisory OFFICIALS. ing reduc- ing reduc- under tion under tion under commission to provide advice and rec- PARTNERSHIP FOR State $1.50-per- Industry/AG $1.50-per- pack tax vs. ommendations on the creation of an in- PREVENTION. settlement pack tax Industry/AG (percent) 1 (percent) 1 tegrated, coordinated Federal policy settlement 1 AMERICAN LUNG ASSOCIATION, designed to prepare for and respond to Washington, DC, October 23, 1997. Alabama ...... 25.1 60.6 29,666 serious drought emergencies. Alaska ...... 19.6 47.3 4,996 Hon. FRANK LAUTENBERG, Arizona ...... 18.9 45.6 26,359 S. 358 U.S. Senate, Arkansas ...... 23.1 55.9 16,351 At the request of Mr. DEWINE, the Washington, DC. California ...... 20.9 50.6 137,480 Colorado ...... 24.1 58.2 29,680 name of the Senator from New Mexico DEAR SENATOR LAUTENBERG: The American Connecticut ...... 20.0 48.5 15,962 [Mr. BINGAMAN] was added as a cospon- Lung Association commends you on the in- Delaware ...... 24.3 58.9 5,725 troduction of the Public Health and Edu- D.C...... 18.2 44.0 1,272 sor of S. 358, a bill to provide for com- cation Resource Act (PHAER). As you know, Florida ...... 22.9 55.3 96,439 passionate payments with regard to in- Georgia ...... 26.3 63.7 48,981 the American Lung Association has pursued Hawaii ...... 17.2 41.7 5,051 dividuals with blood-clotting disorders, a significant price increase in the federal Idaho ...... 22.8 55.0 7,875 such as hemophilia, who contracted cigarette excise tax for many years. Illinois ...... 21.0 50.9 77,720 Indiana ...... 26.8 64.9 53,553 human immunodeficiency virus due to Tobacco use is the nation’s leading pre- Iowa ...... 22.1 53.6 16,846 contaminated blood products, and for ventable cause of death and disability. Each Kansas ...... 24.5 59.2 17,103 year an estimated 419,000 people die from dis- Kentucky ...... 28.7 69.4 35,762 other purposes. eases directly caused from smoking. Three Louisiana ...... 25.1 60.6 37,716 S. 440 Maine ...... 22.0 53.3 9,757 thousand children start smoking each day in Maryland ...... 21.9 53.0 26,659 At the request of Mr. FEINGOLD, the this country. One thousand of them will Massachusetts ...... 17.1 41.3 25,617 name of the Senator from Oregon [Mr. eventually die from a smoking-related dis- Michigan ...... 17.9 43.3 58,614 Minnesota ...... 19.3 46.7 26,554 WYDEN] was added as a cosponsor of S. ease. Smoking costs this nation at least $97.2 Mississippi ...... 24.8 59.9 17,165 440, a bill to deauthorize the Animas- billion annually. Of that total cost, $22 bil- Missouri ...... 25.7 62.1 43,386 lion is paid by the Federal government. Over Montana ...... 25.4 61.4 5,416 La Plata Federal reclamation project Nebraska ...... 22.6 54.7 11,396 and to direct the Secretary of the Inte- the next 20 years, Medicare alone will spend Nevada ...... 21.0 50.9 9,434 an estimated $800 billion to care for people New Hampshire ...... 23.6 57.2 7,979 rior to enter into negotiations to sat- with smoking related illnesses. New Jersey ...... 21.5 51.9 41,304 isfy, in a manner consistent with all Reducing tobacco consumption among our New Mexico ...... 23.8 57.5 11,262 New York ...... 18.8 45.4 100,545 Federal laws, the water rights interests nation’s youth has long been a goal of the North Carolina ...... 27.5 66.6 64,751 of the Ute Mountain Ute Indian Tribe American Lung Association. The bulk of aca- North Dakota ...... 21.6 52.2 3,758 demic research indicates that a sharp and Ohio ...... 25.1 60.6 101,429 and the Southern Ute Indian Tribe. Oklahoma ...... 24.3 58.9 22,047 S. 714 sudden increase in the price of tobacco prod- Oregon ...... 21.1 51.1 18,402 ucts has the effect of lowering smoking rates Pennsylvania ...... 23.6 57.2 92,073 At the request of Mr. AKAKA, the among teens. Raising the price per pack by Rhode Island ...... 19.3 46.7 6,433 name of the Senator from South Da- at least $1.50 or more would help achieve South Carolina ...... 27.2 65.8 25,691 South Dakota ...... 23.0 55.6 4,774 kota [Mr. JOHNSON] was added as a co- that desired outcome. Tennessee ...... 26.0 62.9 38,859 sponsor of S. 714, a bill to make perma- The American Lung Association applauds Texas ...... 22.0 53.3 115,888 nent the Native American Veteran your continued efforts and leadership in re- Utah ...... 22.5 54.4 11,127 Vermont ...... 20.7 50.1 3,633 Housing Loan Pilot Program of the De- ducing tobacco consumption, especially Virginia ...... 26.2 63.3 50,287 among our youth, and we look forward to Washington ...... 15.8 38.2 24,163 partment of Veterans Affairs. working with you as this tobacco-related West Virginia ...... 26.0 62.9 14,219 S. 829 Wisconsin ...... 20.8 50.4 34,603 legislation progresses through Congress. Wyoming ...... 25.5 61.7 3,671 At the request of Mrs. BOXER, the Sincerely, name of the Senator from New Jersey Total ...... n/a n/a 1,695,433 FRAN DUMELLE, [Mr. LAUTENBERG] was added as a co- Deputy Managing Director. 1 Source: American Cancer Society, October 1997. sponsor of S. 829, a bill to amend the f Internal Revenue Code of 1986 to en- NATIONAL ASSOCIATION OF COUNTIES, Washington, DC, October 23, 1997. ADDITIONAL COSPONSORS courage the production and use of Hon. FRANK R. LAUTENBERG, clean-fuel vehicles, and for other pur- S. 61 U.S. Senate, Hart Senate Office Building, poses. At the request of Mr. LOTT, the name Washington, DC S. 850 of the Senator from South Dakota [Mr. DEAR SENATOR LAUTENBERG: The National At the request of Mr. AKAKA, the Association of Counties (NACo) is pleased to JOHNSON] was added as a cosponsor of names of the Senator from California support your bill, the Public Health and Edu- S. 61, a bill to amend title 46, United cation Resource (PHAER) Act. The legisla- [Mrs. BOXER] and the Senator from States Code, to extend eligibility for Massachusetts [Mr. KERRY] were added tion is a strong step forward for public veterans’ burial benefits, funeral bene- health activities related to tobacco and as cosponsors of S. 850, a bill to amend helps focus the congressional debate on leg- fits, and related benefits for veterans of the Packers and Stockyards Act, 1921, islative language rather than broad con- certain service in the United States to make it unlawful for any stockyard cepts. merchant marine during World War II. owner, market agency, or dealer to We particularly support your recognition S. 89 transfer or market nonambulatory of the role of counties and other local gov- At the request of Ms. SNOWE, the livestock, and for other purposes. ernments in the provision of health services. name of the Senator from Vermont Counties, in collaboration with states, will S. 852 be key to the success of the public health [Mr. LEAHY] was added as a cosponsor At the request of Mr. LOTT, the programs outlined in the PHAER trust fund, of S. 89, a bill to prohibit discrimina- names of the Senator from North Da- including tobacco education and prevention, tion against individuals and their fam- kota [Mr. CONRAD] and the Senator smoking cessation, and counter advertising. ily members on the basis of genetic in- from South Dakota [Mr. JOHNSON] were NACo appreciates your work to ensure a formation, or a request for genetic added as cosponsors of S. 852, a bill to local government role in the planning and services. establish nationally uniform require- implementation of the trust fund’s health S. 219 activities. ments regarding the titling and reg- Thank you again for your leadership on At the request of Mr. DASCHLE, the istration of salvage, nonrepairable, and this issue. Dan Katz of your staff has been name of the Senator from North Da- rebuilt vehicles.

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11365 S. 995 rial in Arlington, Virginia, and for ROTH, Mr. KOHL, Mr. TORRICELLI, Mrs. At the request of Mr. LAUTENBERG, other purposes. FEINSTEIN, Mr. ABRAHAM, Mr. WARNER, the name of the Senator from Wis- S. 1311 Mr. FRIST, Mr. DORGAN, Mr. SPECTER consin [Mr. FEINGOLD] was added as a At the request of Mr. LIEBERMAN, the and Mr. ROBB) submitted the following cosponsor of S. 995, a bill to amend names of the Senator from Connecticut resolution; which was referred to the title 18, United States Code, to prohibit [Mr. DODD], the Senator from Massa- Committee on the Judiciary. certain interstate conduct relating to chusetts [Mr. KENNEDY], and the Sen- S. RES. 141 exotic animals. ator from Wisconsin [Mr. KOHL] were Whereas every day in America, 15 children S. 1024 added as cosponsors of S. 1311, a bill to under the age of 19 are killed with guns; impose certain sanctions on foreign Whereas in 1994, approximately 70 percent At the request of Mr. GRASSLEY, the of murder victims aged 15 to 17 were killed name of the Senator from Iowa [Mr. persons who transfer items contrib- with a handgun; HARKIN] was added as a cosponsor of S. uting to Iran’s efforts to acquire, de- Whereas in 1995, nearly 8 percent of high 1024, a bill to make chapter 12 of title velop, or produce ballistic missiles. school students reported having carried a 11 of the United States Code perma- At the request of Mr. LOTT, the gun in the past 30 days; nent, and for other purposes. names of the Senator from Missouri Whereas young people are our Nation’s most important resource, and we, as a soci- [Mr. ASHCROFT], the Senator from S. 1037 ety, have a vested interest in helping chil- At the request of Mr. JEFFORDS, the South Carolina [Mr. THURMOND], the dren grow from a childhood free from fear name of the Senator from South Da- Senator from Missouri [Mr. BOND], the and violence into healthy adulthood; kota [Mr. JOHNSON] was added as a co- Senator from Montana [Mr. BURNS], Whereas young people can, by taking re- sponsor of S. 1037, a bill to amend the the Senator from South Dakota [Mr. sponsibility for their own decisions and ac- JOHNSON], the Senator from Kentucky tions, and by positively influencing the deci- Internal Revenue Code of 1986 to estab- sions and actions of others, help chart a new [Mr. FORD], the Senator from Delaware lish incentives to increase the demand and less violent direction for the entire Na- for and supply of quality child care, to [Mr. ROTH], the Senator from Vermont tion; provide incentives to States that im- [Mr. LEAHY], and the Senator from In- Whereas students in every school district prove the quality of child care, to ex- diana [Mr. COATS] were added as co- in the Nation will be invited to take part in pand clearing-house and electronic net- sponsors of S. 1311, supra. a day of nationwide observance involving S. 1323 millions of their fellow students, and will works for the distribution of child care thereby be empowered to see themselves as At the request of Mr. HARKIN, the information, to improve the quality of significant agents in a wave of positive so- chlid care provided through Federal fa- name of the Senator from Minnesota cial change; and cilities and programs, and for other [Mr. WELLSTONE] was added as a co- Whereas the observance of this day will purposes. sponsor of S. 1323, a bill to regulate give the students the opportunity to make an earnest decision about their future by S. 1050 concentrated animal feeding oper- ations for the protection of the envi- voluntarily signing the ‘‘Student Pledge At the request of Mr. JEFFORDS, the ronment and public health, and for Against Gun Violence’’, and sincerely prom- name of the Senator from Illinois [Mr. ise that the students will never take a gun to other purposes. DURBIN] was added as a cosponsor of S. school, will never use a gun to settle a dis- 1050, a bill to assist in implementing SENATE RESOLUTION 116 pute, and will use their influence to keep the Plan of Action adopted by the At the request of Mr. LEVIN, the friends from using guns to settle disputes: names of the Senator from Illinois [Mr. Now, therefore, be it World Summit for Children. Resolved, That it is the sense of the Senate DURBIN], the Senator from California S. 1096 that— [Mrs. FEINSTEIN], and the Senator from At the request of Mr. KERREY, the (1) November 6, 1997, should be designated Illinois [Ms. MOSELEY-BRAUN] were names of the Senator from North Da- as ‘‘National Concern About Young People added as cosponsors of Senate Resolu- and Gun Violence Day’’; and kota [Mr. CONRAD] and the Senator tion 116, a resolution designating No- (2) the President should be authorized and from Vermont [Mr. JEFFORDS] were vember 15, 1997, and November 15, 1998, requested to issue a proclamation calling added as cosponsors of S. 1096, a bill to as ‘‘America Recycles Day.’’ upon the school children of the United restructure the Internal Revenue Serv- States to observe such day with appropriate ice, and for other purposes. AMENDMENT NO. 1345 ceremonies and activities. At the request of Mr. BENNETT the S. 1141 Mrs. MURRAY. Mr. President, I rise name of the Senator from Utah [Mr. At the request of Mr. JOHNSON, the today to submit a resolution pro- HATCH] was added as a cosponsor of name of the Senator from Illinois [Mr. claiming November 6, 1997, as National amendment No. 1345 intended to be pro- DURBIN] was added as a cosponsor of S. Concern about Young People and Gun posed to S. 1173, a bill to authorize 1141, a bill to amend the Energy Policy Violence Day. Last year, Senators funds for construction of highways, for Act of 1992 to take into account newly WELLSTONE, SPECTER, and Bradley in- highway safety programs, and for mass developed renewable energy-based fuels troduced this resolution. I am joined transit programs, and for other pur- and to equalize alternative fuel vehicle by Senator KEMPTHORNE and many poses. acquisition incentives to increase the other colleagues today in supporting flexibility of controlled fleet owners AMENDMENT NO. 1346 an identical resolution. We have all and operators, and for other purposes. At the request of Mr. BENNETT the seen the good that can come from fo- name of the Senator from Utah [Mr. cusing attention on young people and S. 1260 HATCH] was added as a cosponsor of helping organizations across the coun- At the request of Mr. GRAMM, the amendment No. 1346 intended to be pro- try mobilize children to stay away name of the Senator from Missouri posed to S. 1173, a bill to authorize from gun violence. [Mr. ASHCROFT] was added as a cospon- funds for construction of highways, for The Day of Concern was initiated by sor of S. 1260, a bill to amend the Secu- highway safety programs, and for mass Mary Lewis Grow, a Minnesota home- rities Act of 1933 and the Securities Ex- transit programs, and for other pur- maker, in 1996. Other groups, such as change Act of 1934 to limit the conduct poses. Mothers Against Violence in America, of securities class actions under State f have joined her effort to establish a law, and for other purposes. Day of Concern. The proclamation of a S. 1284 SENATE RESOLUTION 141—REL- special day of recognition also provided At the request of Mr. ROBERTS, the ATIVE TO THE NATIONAL CON- support to a national effort to encour- names of the Senator from Montana CERN ABOUT YOUNG PEOPLE age students to sign a pledge against [Mr. BURNS], the Senator from New AND GUN VIOLENCE DAY gun violence. In 1996, 32,000 students in Hampshire [Mr. SMITH], and the Sen- Mrs. MURRAY (for herself, Mr. Washington State signed the pledge ator from Rhode Island [Mr. CHAFEE] KEMPTHORNE, Mr. WELLSTONE, Mr. card, as did more than 200,000 children were added as cosponsors of S. 1284, a AKAKA, Mr. CRAIG, Mr. LAUTENBERG, in New York City, and tens of thou- bill to prohibit construction of any Mr. HOLLINGS, Mr. CHAFEE, Mr. BRYAN, sands more across the nation. monument, memorial, or other struc- Ms. COLLINS, Mr. FORD, Mr. SARBANES, The Student Pledge Against Gun Vio- ture at the site of the Iwo Jima Memo- Mr. ROCKEFELLER, Mr. JEFFORDS, Mr. lence calls for a national observance on

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The of the Department of Defense, for mili- level of domestic production and imports of students’ pledge promises three things: tary construction, and for defense ac- kiwifruit (as determined by the Secretary). first, they will never carry a gun to ‘‘(2) 1 member appointed from the general tivities of the Department of Energy, public.’’; school; second, they will never resolve to prescribe personnel strengths for (2) in subsection (b)— a dispute with a gun; and third, they such fiscal year for the Armed Forces, (A) by striking ‘‘MEMBERSHIP.—’’ and all will use their influence with friends to and for other purposes; as follows: that follows through ‘‘paragraph (2), the’’ discourage them from resolving dis- Strike the date and insert ‘‘January 18, and inserting ‘‘MEMBERSHIP.—Subject to the putes with guns. 1998’’. 11-member limit, the’’; and Mr. President, just last week I joined f (B) by striking paragraph (2); and several colleagues on the floor of the (3) in subsection (c)— Senate as we decried the murder of THE AGRICULTURAL, RESEARCH, (A) in paragraph (2), by inserting ‘‘who are Ann Harris, a 17-year-old Virginian, by EXTENSION AND EDUCATION RE- producers’’ after ‘‘members’’; a 19-year-old man in Washington State. FORM ACT OF 1997 (B) in paragraph (3), by inserting ‘‘who are This random act of violence was appar- importers or exporters’’ after ‘‘members’’; ently precipitated because the car in and which Ann was a passenger was going LUGAR (AND HARKIN) (C) in the second sentence of paragraph (5), too slowly for the driver of the car in AMENDMENT NO. 1527 by inserting ‘‘and alternate’’ after ‘‘mem- ber’’. which the murderer was riding. The Mr. JEFFORDS (for Mr. LUGAR, for young man was angry enough and mor- himself and Mr. HARKIN) proposed an SEC. 230. NATIONAL AQUACULTURE POLICY, ally numbed enough to fire his gun into amendment to the bill (S. 1150) to en- PLANNING, AND DEVELOPMENT. Ann’s car, killing Ann. What a tragedy. sure that federally funded agricultural (a) DEFINITIONS.—Section 3 of the National What a waste. research, extension, and education ad- Aquaculture Act of 1980 (16 U.S.C. 2802) is In another example, a 14-year-old boy dress high-priority concerns with na- amended— opened fire in a Moses Lake, WA class- tional multistate significance, to re- (1) in paragraph (1), by striking ‘‘the propa- room, killing a teacher and student form, extend, and eliminate certain ag- gation’’ and all that follows through the pe- and wounding others. He has been con- ricultural research programs, and for riod at the end and inserting the following: victed, but that does little to ease the other purposes; as follows: ‘‘the commercially controlled cultivation of pain of the loss suffered by that small aquatic plants, animals, and microorga- On page 30, strike lines 7 through 9 and in- nisms, but does not include private for-profit community. Maybe if he had signed a sert the following: pledge, maybe if he had heard the mes- ocean ranching of Pacific salmon in a State ‘‘(a) NATIONAL OCEANIC AND ATMOSPHERIC in which the ranching is prohibited by law.’’; sage over and over from parents and ADMINISTRATION WORK.—Not more than 2⁄3 of (2) in paragraph (3), by striking ‘‘or aquatic friends that gun violence was the the’’. plant’’ and inserting ‘‘aquatic plant, or wrong way to solve problems, maybe if On page 30, strike line 13 and insert the fol- microorganism’’; lowing: * * * maybe if * * *. We don’t know (3) by redesignating paragraphs (7) through how we might have stopped this act of ‘‘(b) ADMINISTRATIVE COSTS.—The Sec- retary’’. (9) as paragraphs (8) through (10), respec- violence, but we know we all have to tively; and try education, try outreach, try every- On page 30, strike lines 19 and 20 and insert the following: (4) by inserting after paragraph (6) the fol- thing. ‘‘(c) LIMITATIONS.— lowing: We all have been heartened by statis- ‘‘(1) BUILDINGS OR FACILITIES.—Funds’’. ‘‘(7) PRIVATE AQUACULTURE.—The term ‘pri- tics showing crime in America on the On page 31, strike line 1 and insert the fol- vate aquaculture’ means the commercially decline. A number of factors are in- lowing: controlled cultivation of aquatic plants, ani- volved, including community-based po- ‘‘(2) EQUIPMENT PURCHASES.—Of funds’’. mals, and microorganisms other than cul- licing, stiffer sentences for those con- On page 31, strike lines 5 through 13 and in- tivation carried out by the Federal Govern- victed, youth crime prevention pro- sert the following: ment, any State or local government, or an grams, and population demographics. I ‘‘(A) $15,000; or Indian tribe recognized by the Bureau of In- 1 dian Affairs.’’. don’t think any of us intend to rest on ‘‘(B) ⁄3 of the amount of the grant award.’’. our successes. Rather, we must review On page 33, strike lines 1 and 2 and insert (b) NATIONAL AQUACULTURE DEVELOPMENT the following: programs that work, and focus our lim- PLAN.—Section 4 of the National Aqua- ‘‘(i) as the lead Federal agency— culture Act of 1980 (16 U.S.C. 2803) is amend- ited resources on those. Legislation ‘‘(I) the Department of Agriculture; or ed— passed earlier this year, the Safe and ‘‘(II) if funding provided for the Plant Ge- (1) in subsection (c)— Drug Free Communities Act, will help nome Initiative through the Department of (A) in subparagraph (A), by adding ‘‘and’’ us do that. Agriculture is substantially less than fund- at the end; Mr. President, I urge all of my col- ing provided for the Initiative through an- (B) in subparagraph (B), by striking ‘‘; other Federal agency, the other Federal leagues to join in this simple effort to and’’ and inserting a period; and agency, as determined by the President; focus attention on gun violence among (C) by striking subparagraph (C); youth by proclaiming November 6, a and’’. On page 35, lines 22 through 25, strike (2) in the second sentence of subsection (d), ‘‘Day of Concern about Young People ‘‘without regard’’ and all that follows by striking ‘‘Secretaries determine that’’ and Gun Violence.’’ This is an easy through ‘‘2281 et seq.)’’. and inserting ‘‘Secretary, in consultation step for us to help facilitate the work On page 58, between lines 8 and 9, insert with the Secretary of Commerce, the Sec- that must go on in each community the following: retary of the Interior, and the heads of such other agencies as the Secretary determines across America, as parents, teachers, SEC. 229. KIWIFRUIT RESEARCH, PROMOTION, are appropriate, determines that’’; and friends, and students try to prevent AND CONSUMER INFORMATION PRO- gun violence before it continues to ruin GRAM. (3) in subsection (e), by striking ‘‘Secre- taries’’ and inserting ‘‘Secretary, in con- countless lives. (a) AMENDMENTS TO ORDERS.—Section 554(c) of the National Kiwifruit Research, sultation with the Secretary of Commerce, f Promotion, and Consumer Information Act the Secretary of the Interior, and the heads AMENDMENTS SUBMITTED (7 U.S.C. 7463(c)) is amended in the second of such other agencies as the Secretary de- sentence by inserting before the period at termines are appropriate,’’. the end the following: ‘‘, except that an (c) FUNCTIONS AND POWERS OF SECRE- THE NATIONAL DEFENSE AUTHOR- amendment to an order shall not require a TARIES.—Section 5(b)(3) of the National IZATION ACT FOR FISCAL YEARS referendum to become effective’’. Aquaculture Act of 1980 (16 U.S.C. 2804(b)(3)) (b) NATIONAL KIWIFRUIT BOARD.—Section 1998 AND 1999 is amended by striking ‘‘Secretaries deem’’ 555 of the National Kiwifruit Research, Pro- motion, and Consumer Information Act (7 and inserting ‘‘Secretary, in consultation with the Secretary of Commerce, the Sec- HUTCHISON AMENDMENT NO. 1526 U.S.C. 7464) is amended— (1) in subsection (a), by striking para- retary of the Interior, and the heads of such Mrs. HUTCHISON proposed an graphs (1) through (3) and inserting the fol- other agencies as the Secretary determines amendment to the motion to postpone lowing: are appropriate, consider’’.

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(d) COORDINATION OF NATIONAL ACTIVITIES (f) AUTHORIZATION OF APPROPRIATIONS.— (1) Identification and understanding of the REGARDING AQUACULTURE.—The first sen- Section 11 of the National Aquaculture Act epidemiology of wheat scab and the toxi- tence of section 6(a) of the National Aqua- of 1980 (as redesignated by subsection (e)(1)) cological properties of vomitoxin, a toxic culture Act of 1980 (16 U.S.C. 2805(a)) is is amended by striking ‘‘the fiscal years 1991, metabolite commonly occurring in wheat amended by striking ‘‘(f)’’ and inserting 1992, and 1993’’ each place it appears and in- and barley infected with wheat scab. ‘‘(e)’’. serting ‘‘fiscal years 1991 through 2002’’. (2) Development of crop management (e) NATIONAL POLICY FOR PRIVATE AQUA- On page 66, line 5, insert ‘‘costs and’’ after strategies to reduce the risk of wheat scab CULTURE.—The National Aquaculture Act of ‘‘regarding the’’. On page 66, between lines 16 and 17, insert occurrence. 1980 (16 U.S.C. 2801 et seq.) is amended— (3) Development of— (1) by redesignating sections 7, 8, 9, 10, and the following: (7) The study of whether precision agri- (A) efficient and accurate methods to mon- 11 as sections 8, 9, 10, 11, and 12, respectively; itor wheat and barley for the presence of and culture technologies are applicable and ac- cessible to small and medium size farms and wheat scab and resulting vomitoxin contami- (2) by inserting after section 6 (16 U.S.C. nation; 2805) the following: the study of methods of improving the appli- cability of precision agriculture technologies (B) post-harvest management techniques ‘‘SEC. 7. NATIONAL POLICY FOR PRIVATE AQUA- for wheat and barley infected with wheat CULTURE. to the farms. On page 74, between lines 2 and 3, insert scab; and ‘‘(a) IN GENERAL.—In consultation with the (C) milling and food processing techniques Secretary of Commerce and the Secretary of the following: to render contaminated grain safe. the Interior, the Secretary shall coordinate SEC. 237. COORDINATED PROGRAM OF RE- SEARCH, EXTENSION, AND EDU- (4) Strengthening and expansion of plant- and implement a national policy for private CATION TO IMPROVE VIABILITY OF breeding activities to enhance the resistance aquaculture in accordance with this section. SMALL AND MEDIUM SIZE DAIRY of wheat and barley to wheat scab, including In developing the policy, the Secretary may AND LIVESTOCK OPERATIONS. the establishment of a regional advanced consult with other agencies and organiza- (a) IN GENERAL.—The Secretary may carry tions. out a coordinated program of research, ex- breeding material evaluation nursery and a ‘‘(b) DEPARTMENT OF AGRICULTURE AQUA- tension, and education to improve the com- germplasm introduction and evaluation sys- CULTURE PLAN.— petitiveness, viability, and sustainability of tem. ‘‘(1) IN GENERAL.—The Secretary shall de- small and medium size dairy and livestock (5) Development and deployment of alter- velop and implement a Department of Agri- operations (referred to in this section as ‘‘op- native fungicide application systems and for- culture Aquaculture Plan (referred to in this erations’’). mulations to control wheat scab and consid- section as the ‘Department plan’) for a uni- (b) COMPONENTS.—To the extent the Sec- eration of other chemical control strategies fied aquaculture program of the Department retary elects to carry out the program, the to assist farmers until new more resistant of Agriculture (referred to in this section as Secretary shall conduct— wheat and barley varieties are available. (1) research, development, and on-farm ex- the ‘Department’) to support the develop- (c) COMMUNICATIONS NETWORKS.—Funds tension and education concerning low-cost ment of private aquaculture. provided under this section shall be available production facilities and practices, manage- ‘‘(2) ELEMENTS OF DEPARTMENT PLAN.—The for efforts to concentrate, integrate, and dis- Department plan shall address— ment systems, and genetics that are appro- priate for the operations; seminate research, extension, and outreach- ‘‘(A) programs of individual agencies of the orientated information regarding wheat Department related to aquaculture that are (2) research and extension on management- scab. consistent with Department programs re- intensive grazing systems for livestock and lated to other areas of agriculture, including dairy production to realize the potential for (d) MANAGEMENT.—To oversee the use of a livestock, crops, products, and commodities reduced capital and feed costs through great- grant made under this section, the Secretary under the jurisdiction of agencies of the De- er use of management skills, labor avail- may establish a committee composed of the partment; ability optimization, and the natural bene- directors of the agricultural experiment sta- ‘‘(B) the treatment of cultivated aquatic fits of grazing pastures; tions in the States in which land-grant col- animals as livestock and cultivated aquatic (3) research and extension on integrated leges and universities that are members of crop and livestock systems that increase ef- plants as agricultural crops; and the consortium are located. ‘‘(C) means for effective coordination and ficiencies, reduce costs, and prevent environ- (e) AUTHORIZATION OF APPROPRIATIONS.— implementation of aquaculture activities mental pollution to strengthen the competi- There is authorized to be appropriated to and programs within the Department, in- tive position of the operations; cluding individual agency commitments of (4) economic analyses and market feasi- carry out this section $5,200,000 for each of personnel and resources. bility studies to identify new and expanded fiscal years 1998 through 2002. opportunities for producers on the oper- ‘‘(c) NATIONAL AQUACULTURE INFORMATION SEC. 239. FOOD ANIMAL RESIDUE AVOIDANCE CENTER.—In carrying out section 5, the Sec- ations that provide tools and strategies to DATABASE PROGRAM. retary may maintain and support a National meet consumer demand in domestic and Aquaculture Information Center at the Na- international markets, such as cooperative (a) CONTINUATION OF PROGRAM.—The Sec- tional Agricultural Library as a repository marketing and value-added strategies for retary shall continue operation of the Food for information on national and inter- milk and meat production and processing; Animal Residue Avoidance Database pro- national aquaculture. and gram (referred to in this section as the ‘‘(d) TREATMENT OF AQUACULTURE.—The (5) technology assessment that compares ‘‘FARAD program’’) through contracts with Secretary shall treat— the technological resources of large special- appropriate colleges or universities. ‘‘(1) private aquaculture as agriculture; ized producers with the technological needs (b) ACTIVITIES.—In carrying out the and of producers on the operations to identify FARAD program, the Secretary shall— ‘‘(2) commercially cultivated aquatic ani- and transfer existing technology across all (1) provide livestock producers, extension mals, plants, and microorganisms, and prod- sizes and scales and to identify the specific specialists, scientists, and veterinarians with ucts of the animals, plants, and microorga- research and education needs of the pro- information to prevent drug, pesticide, and nisms, produced by private persons and ducers. environmental contaminant residues in food transported or moved in standard com- (c) ADMINISTRATION.—The Secretary may animal products; modity channels as agricultural livestock, use the funds, facilities, and technical exper- (2) maintain up-to-date information con- crops, and commodities. tise of the Agricultural Research Service and ‘‘(e) PRIVATE AQUACULTURE POLICY COORDI- the Cooperative State Research, Education, cerning— NATION, DEVELOPMENT, AND IMPLEMENTA- and Extension Service and other funds avail- (A) withdrawal times on FDA-approved TION.— able to the Secretary (other than funds of food animal drugs and appropriate with- ‘‘(1) RESPONSIBILITY.—The Secretary shall the Commodity Credit Corporation) to carry drawal intervals for drugs used in food ani- have responsibility for coordinating, devel- out this section. mals in the United States, as established oping, and carrying out policies and pro- SEC. 238. SUPPORT FOR RESEARCH REGARDING under section 512(a) of the Federal Food, grams for private aquaculture. DISEASES OF WHEAT AND BARLEY Drug, and Cosmetic Act (21 U.S.C. 360b(a)); CAUSED BY FUSARIUM ‘‘(2) DUTIES.—The Secretary shall— (B) official tolerances for drugs and pes- GRAMINEARUM. ticides in tissues, eggs, and milk; ‘‘(A) coordinate all intradepartmental (a) RESEARCH GRANT AUTHORIZED.—The functions and activities relating to private (C) descriptions and sensitivities of rapid Secretary may make a grant to a consortium screening tests for detecting residues in tis- aquaculture; and of land-grant colleges and universities to en- sues, eggs, and milk; and ‘‘(B) establish procedures for the coordina- hance the ability of the consortium to carry (D) data on the distribution and fate of tion of functions, and consultation with, the out a multi-State research project aimed at coordinating group. understanding and combating diseases of chemicals in food animals; ‘‘(f) LIAISON WITH DEPARTMENTS OF COM- wheat and barley caused by Fusarium (3) publish periodically a compilation of MERCE AND THE INTERIOR.—The Secretary of graminearum and related fungi (referred to food animal drugs approved by the Food and Commerce and the Secretary of the Interior in this section as ‘‘wheat scab’’). Drug Administration; shall each designate an officer or employee (b) RESEARCH COMPONENTS.—Funds pro- (4) make information on food animal drugs of the Department of the Secretary to be the vided under this section shall be available available to the public through handbooks liaison of the Department to the Secretary for the following collaborative, multi-State and other literature, computer software, a of Agriculture.’’. research activities: telephone hotline, and the Internet;

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11368 CONGRESSIONAL RECORD — SENATE October 29, 1997 (5) furnish producer quality-assurance pro- retary of Health and Human Services, in con- AUTHORITY FOR COMMITTEES TO grams with up-to-date data on approved sultation with the Secretary of Agriculture MEET drugs; and the States, shall, with respect to the COMMITTEE ON COMMERCE, SCIENCE, AND (6) maintain a comprehensive and up-to- base period for each State, determine— TRANSPORTATION date, residue avoidance database; ‘‘(A) the annualized amount the State re- (7) provide professional advice for deter- ceived under section 403(a)(3) of the Social Mr. INHOFE. Mr. President, I ask mining the withdrawal times necessary for Security Act (42 U.S.C. 603(a)(3) (as in effect unanimous consent that the Com- food safety in the use of drugs in food ani- during the base period)) for administrative mittee on Commerce, Science, and mals; and costs common to determining the eligibility Transportation be authorized to meet (8) engage in other activities designed to of individuals, families, and households eligi- on Wednesday, October 29, 1997, at 2 promote food safety. ble or applying for the AFDC program and p.m. on Death on the High Seas Act. (c) CONTRACTS.— the food stamp program, the AFDC program (1) IN GENERAL.—The Secretary shall offer The PRESIDING OFFICER. Without to enter into contracts with appropriate col- and the medicaid program, and the AFDC objection, it is so ordered. leges and universities to operate the FARAD program, the food stamp program, and the COMMITTEE ON ENVIRONMENT AND PUBLIC program. medicaid program that were allocated to the WORKS (2) TERM.—The term of a contract under AFDC program; and Mr. INHOFE. Mr. President, I ask subsection (a) shall be 3 years, with options ‘‘(B) the annualized amount the State unanimous consent that the full Com- to extend the term of the contract tri- would have received under section 403(a)(3) of mittee on Environment and Public ennially. the Social Security Act (42 U.S.C. 603(a)(3) Works be granted permission to con- (d) AUTHORIZATION OF APPROPRIATIONS.— (as so in effect)), section 1903(a)(7) of the So- There is authorized to be appropriated to cial Security Act (42 U.S.C. 1396b(a)(7) (as so duct a business meeting Wednesday, carry out this section $1,000,000 for each fis- in effect)), and subsection (a) of this section October 29, 9:30 a.m., Hearing Room cal year. (as so in effect), for administrative costs (SD–406). SEC. 240. FINANCIAL ASSISTANCE FOR CERTAIN common to determining the eligibility of in- The PRESIDING OFFICER. Without RURAL AREAS. dividuals, families, and households eligible objection, it is so ordered. (a) IN GENERAL.—The Secretary may pro- or applying for the AFDC program and the COMMITTEE ON FINANCE vide financial assistance to a nationally rec- food stamp program, the AFDC program and Mr. INHOFE. Mr. President, I ask ognized organization to promote educational the medicaid program, and the AFDC pro- opportunities at the primary and secondary unanimous consent to conduct a hear- gram, the food stamp program, and the med- levels in rural areas with a historic incidence ing on Wednesday, October 29, 1997, be- of poverty and low academic achievement, icaid program, if those costs had been allo- ginning at 10 a.m. in room 215 Dirksen. including the Lower Mississippi River Delta. cated equally among such programs for The PRESIDING OFFICER. Without (b) AUTHORIZATION OF APPROPRIATIONS.— which the individual, family, or household objection, it is so ordered. was eligible or applied for. There is authorized to be appropriated to COMMITTEE ON FOREIGN RELATIONS ‘‘(3) REDUCTION IN PAYMENT.—Notwith- carry out this section up to $10,000,000 for Mr. INHOFE. Mr. President, I ask each fiscal year. standing any other provision of this section, On page 79, line 15, before the period, insert effective for each of fiscal years 1998 through unanimous consent that the Com- ‘‘, including the viability and competitive- 2002, the Secretary shall reduce, for each fis- mittee on Foreign Relations be author- ness of small and medium sized dairy, live- cal year, the amount paid under subsection ized to meet during the session of the stock, crop, and other commodity oper- (a) to each State by an amount equal to the Senate on Wednesday, October 29, 1997, ations’’. amount determined for the food stamp pro- at 11 a.m. and 2 p.m. to hold hearings. On page 84, after line 24, insert the fol- gram under paragraph (2)(B). The PRESIDING OFFICER. Without lowing: ‘‘(4) DETERMINATIONS NOT SUBJECT TO RE- objection, it is so ordered. (3) in section 1676(e) (7 U.S.C. 5929(e)), by VIEW.—The determinations of the Secretary striking ‘‘fiscal year 1997’’ and inserting COMMITTEE ON FOREIGN RELATIONS of Health and Human Services under para- ‘‘each of fiscal years 1997 through 2002’’;’’. Mr. INHOFE. Mr. President, I ask On page 85, line 1, strike ‘‘(3)’’ and insert graph (2) shall be final and not subject to ad- unanimous consent that the Com- ‘‘(4)’’. ministrative or judicial review. mittee on Foreign Relations and the ‘‘(5) ALLOCATION OF COMMON ADMINISTRA- On page 85, line 3, strike ‘‘(4)’’ and insert Caucus on International Narcotics Con- TIVE COSTS.—In allocating administrative ‘‘(5)’’. trol be authorized to meet during the On page 86, strike lines 16 through 20. costs common to determining the eligibility On page 87, line 5, strike ‘‘1670, 1675, and of individuals, families, and households eligi- session of the Senate on Wednesday, 1676’’ and insert ‘‘1670 and 1675’’. ble or applying for 2 or more State-adminis- October 29, 1997, at 2 p.m. to hold a On page 87, line 7, strike ‘‘, 5929’’. tered public benefit programs, the head of a joint hearing. Beginning on page 89, strike line 18 and all Federal agency may require States to allo- The PRESIDING OFFICER. Without that follows through page 91, line 16, and in- cate the costs among the programs.’’. objection, it is so ordered. sert the following: COMMITTEE ON GOVERNMENTAL AFFAIRS (a) FOOD STAMPS.—Section 16 of the Food On page 98, between lines 17 and 18, insert Stamp Act of 1977 (7 U.S.C. 2025) is amend- the following: Mr. INHOFE. Mr. President, I ask unanimous consent on behalf of the ed— (d) FOOD STAMP ELIGIBILITY FOR CERTAIN Governmental Affairs Committee spe- (1) in the first sentence of subsection (a), INDIANS.— by striking ‘‘The Secretary’’ and inserting (1) EXCEPTION FOR CERTAIN INDIANS.—Sec- cial investigation to meet on Wednes- ‘‘Subject to subsection (k), the Secretary’’; tion 402(a)(2)(G) of the Personal Responsi- day, October 29, 1997, at 10 a.m., for a and bility and Work Opportunity Reconciliation hearing on campaign financing issues. (2) by adding at the end the following: Act of 1996 (8 U.S.C. 1612(a)(2)(G)) is amend- The PRESIDING OFFICER. Without ‘‘(k) REDUCTIONS IN PAYMENTS FOR ADMIN- objection, it is so ordered. ISTRATIVE COSTS.— ed— ‘‘(1) DEFINITIONS.—In this subsection: (A) in the subparagraph heading, by strik- COMMITTEE ON INDIAN AFFAIRS ‘‘(A) AFDC PROGRAM.—The term ‘AFDC ing ‘‘SSI EXCEPTION’’ and inserting ‘‘EXCEP- Mr. INHOFE. Mr. President, I ask program’ means the program of aid to fami- TION’’; and unanimous consent that the Senate lies with dependent children established (B) by striking ‘‘program defined in para- Committee on Indian Affairs be author- under part A of title IV of the Social Secu- graph (3)(A) (relating to the supplemental se- ized to meet during the session of the rity Act (42 U.S.C. 601 et seq. (as in effect, curity income program)’’ and inserting Senate on Wednesday, October 29, 1997, with respect to a State, during the base pe- ‘‘specified Federal programs described in at 9:30 a.m. in room 106 of the Dirksen riod for that State)). paragraph (3)’’. Senate Building to conduct a hearing ‘‘(B) BASE PERIOD.—The term ‘base period’ (2) BENEFITS FOR CERTAIN INDIANS.—Section means the period used to determine the 403(d) of the Personal Responsibility and on S. 1077, a bill to amend the Indian amount of the State family assistance grant Work Opportunity Reconciliation Act of 1996 Gaming Regulatory Act. for a State under section 403 of the Social (8 U.S.C. 1613(d)) is amended— The PRESIDING OFFICER. Without Security Act (42 U.S.C. 603). (A) in the subsection heading, by striking objection, it is so ordered. ‘‘(C) MEDICAID PROGRAM.—The term ‘med- ‘‘SSI AND MEDICAID’’; and COMMITTEE ON THE JUDICIARY icaid program’ means the program of med- (B) by striking ‘‘(a)(3)(A)’’ and inserting Mr. INHOFE. Mr. President, I ask ical assistance under a State plan or under a ‘‘(a)(3)’’. waiver of the plan under title XIX of the So- unanimous consent that the Com- cial Security Act (42 U.S.C. 1396 et seq.). Beginning on page 99, strike line 1 and all mittee on the Judiciary be authorized ‘‘(2) DETERMINATIONS OF AMOUNTS ATTRIB- that follows through page 101, line 4. to meet during the session of the Sen- UTABLE TO BENEFITING PROGRAMS.—The Sec- ate

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11369 on Wednesday, October 29, 1997, at 10 ADDITIONAL STATEMENTS For Dorothy, success came early. Al- a.m. in room 226 of the Senate Dirksen ways a bright and industrious student, Office Building to hold a hearing on ju- while at Wayne State University, she dicial nominations. RECOGNIZING MINNESOTA’S SOIL was recognized as the top graduating AND WATER CONSERVATION DIS- The PRESIDING OFFICER. Without woman. Following her law degree from TRICT EMPLOYEES objection, it is so ordered. Wayne State, she entered private prac- ∑ Mr. GRAMS. Mr. President, I rise tice. In 1956, Dorothy left her practice COMMITTEE ON THE JUDICIARY today to bring to the attention of the to serve the community as an assistant Mr. INHOFE. Mr. President, I ask Senate the dedication and hard work of Wayne County Friend of the Court. She unanimous consent that the Com- many individuals in my home State of excelled in this capacity and helped en- mittee on the Judiciary be authorized Minnesota. sure the needs of families and children to meet during the session of the Sen- During this past years CRP signup, were well represented. Although she re- ate on Wednesday, October 29, 1997, at 2 at least 275 employees from Min- turned to private practice in 1968, p.m. in room 226 of the Senate Dirksen nesota’s 91 Soil and Water Conserva- where she helped found the firm of Office Building to hold a hearing on ju- tion Districts donated over 6,000 hours Riley and Roumell, her commitment to dicial nominations. assisting U.S. Department of Agri- public service was only beginning. The PRESIDING OFFICER. Without culture employees, ensuring the A few years later, Dorothy’s out- objection, it is so ordered. signups success. Without their efforts, standing abilities and dedication to the there is little doubt the work would legal profession were again recognized. SUBCOMMITTEE ON ANTITRUST, BUSINESS not have been done on time and in such RIGHTS, AND COMPETITION In 1972 she was appointed to the Wayne an efficient manner. Their work, along County Circuit Court. Four years later Mr. INHOFE. Mr. President, I ask with the work of USDA employees, she received an appointment to the unanimous consent that the Sub- should not go unnoticed. Michigan Court of Appeals, and was re- committee on Antitrust, Business Mr. President, the Conservation Re- elected to a 6-year term on the Court. Rights, and Competition, of the Senate serve Program is a vital program for Soon after, the integrity and fairness Judiciary Committee, be authorized to the people of my State. It provides she had shown throughout her career meet during the session of the Senate incalcuable benefits to farmers, sports- were recognized once more when she on Wednesday, October 29, 1997, at 10 men, conservationists, the wildlife, was appointed to the Michigan State a.m. to hold a hearing in room 226, Sen- and, therefore, all American citizens. I Supreme Court. Dorothy’s commit- ate Dirksen Building, on antitrust im- have been, and will continue to be, a ment to her profession was rewarded in plications of the tobacco settlement. vocal supporter of a strong and bal- 1987 when she was elected Chief Justice The PRESIDING OFFICER. Without anced Conservation Reserve Program. of the Michigan Supreme Court. It is simply good for Minnesota and objection, it is so ordered. During her long, distinguished ca- good for our Nation. SUBCOMMITTEE ON NATIONAL PARKS, HISTORIC reer, Dorothy has belonged to many or- In closing, Mr. President, with the PRESERVATION, AND RECREATION ganizations and received numerous ac- combined efforts of Congress, the colades. From honorary doctorates to Mr. INHOFE. Mr. President, I ask USDA, farmers and people like those at the presidency of professional associa- unanimous consent that the Sub- Minnesota’s Soil and Water Conserva- tions, each award and membership re- committee on National Parks, Historic tion Districts, we can ensure the con- flected Dorothy’s commitment to in- Preservation, and Recreation of the tinued success and viability of the Con- tegrity, honesty, and leadership. And Committee on Energy and Natural Re- servation Reserve Program well into while Monday evening’s event rep- sources be granted permission to meet the 21st Century.∑ during the session of the Senate on resents one award among many, I am Wednesday, October 29, for the pur- f thankful for this opportunity to ex- poses of conducting a subcommittee JAMES A. MICHENER press how grateful I am for Dorothy’s hearing which is scheduled to begin at ∑ Mr. INOUYE. Mr. President, I would service. Throughout her career, Doro- 2 p.m. The purpose of this hearing is to like to take this moment to remember thy personified what is best in our receive testimony on S. 638, a bill to an extraordinary and talented indi- legal system: a fair-minded justice provide for the expeditious completion vidual. I join the multitude of people with a passion for truth. Because of her of the acquisition of private mineral who noted the passing of James A. long commitment to the State of interests within the Mount St. Helens Michener with much sadness. I recall Michigan, Dorothy’s presence will be National Volcanic Monument man- my meetings with Mr. Michener during greatly missed. dated by the 1982 act that established his brief residency in Hawaii, during As she enters this new phase in her the monument, and for other purposes. which time, he did much of his re- life, I want to express how great an im- The PRESIDING OFFICER. Without search on his monumental opus, ‘‘Ha- pact she has had on both her profession objection, it is so ordered. waii.’’ and those individuals fortunate enough Though some may have criticized his to know her. I wish her all the best.∑ SUBCOMMITTEE ON OCEANS AND FISHERIES book, it was generally received by the Mr. INHOFE. Mr. President, I ask people of Hawaii with great enthusiasm f unanimous consent that the Oceans and commendation. He captured the and Fisheries Subcommittee of the spirit of early Hawaii, and reminded us FISCAL YEAR 1998 TREASURY, Committee on Commerce, Science, and of the sad plight of the indigenous peo- POSTAL SERVICE, GENERAL Transportation be authorized to meet ple of Hawaii—the proud and noble GOVERNMENT APPROPRIATIONS on Wednesday, October 29, 1997, at 9:30 Polynesians. We shall always be in- CONFERENCE REPORT a.m. on future of the NOAA Corps. debted to James Michener for intro- ∑ Mr. DORGAN. Mr. President, I would The PRESIDING OFFICER. Without ducing to the world the Hawaiian Is- like to take this opportunity to discuss objection, it is so ordered. lands that now constitute the 50th my vote on the fiscal year 1998 Treas- State of our Nation.∑ SUBCOMMITTEE ON SECURITIES ury, and Postal Service, general gov- Mr. INHOFE. Mr. President, I ask f ernment appropriations conference re- unanimous consent that the Sub- TRIBUTE TO THE HONORABLE port. committee on Securities of the Com- DOROTHY COMSTOCK RILEY When the Treasury, Postal Service, mittee on Banking, Housing, and ∑ Mr. ABRAHAM. Mr. President, today general government appropriations bill Urban Affairs be authorized to meet I rise to pay tribute to one of Michi- passed the Senate, we included a provi- during the session of the Senate on gan’s most outstanding citizens, the sion to prohibit a cost-of-living allow- Wednesday, October 29, 1997, to conduct Honorable Dorothy Comstock Riley. ance for Members of Congress. I voted an oversight hearing on securities liti- After a long and highly successful ca- for that prohibition because I thought gation abuses. reer, in which she reached the highest it was the right thing to do. The PRESIDING OFFICER. Without level in the Michigan judicial system, The U.S. House, meanwhile, passed objection, it is so ordered. she has decided to retire. its own version of this bill—a version

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11370 CONGRESSIONAL RECORD — SENATE October 29, 1997 which did not contain the restriction well. For bringing distinctive credit to Robinson also led a productive life off against a cost-of-living allowance. the academic community, Dean Mason the field. A Republican and a business- The Senate and House bills went to a was awarded the John F. Burnman Dis- man, Robinson devoted the remainder conference committee, and when the tinguished Faculty Award and The of his life to civil rights, party politics, conference agreement came back to University of Alabama National Alum- and urban affairs. He bemoaned base- the Senate for final passage, it had ni Association Outstanding Commit- ball’s tepid efforts at integrating all adopted the House position, which in- ment to Teaching Award. levels of the great game. cluded no restriction on a COLA. Recently, Dean Mason was honored Sadly, baseball has made insufficient I voted for the conference report be- by Louisiana Tech University as its progress since Robinson’s death almost cause it contained over $20 billion of 1997 Distinguished Alumnus. As many a quarter of a century ago. In its ‘‘Ra- needed funds, including 40 percent of of my colleagues know, on Saturday, cial Report Card’’ released earlier this all Federal law enforcement moneys November 1, 1997, The University of year, Northeastern’s Center gave Major and funds to wage war on gangs and Alabama will play Louisiana Tech at League Baseball an overall grade of B, drugs in this country. our Homecoming Football game. but only a C¥ for top management po- However, I think Congress should On that day, Dean Mason, loved and sitions. have had a separate vote on the cost- respected by all who have known him, As Jackie’s widow, Rachel Robinson, of-living adjustment, and if there is an will be honored as a friend and leader the Center’s Director, Richard opportunity to have a separate vote, I to not only The University of Alabama, Lapchick, and all of the other excellent ∑ intend to vote against the COLA. but also to Louisiana Tech. On this employees and friends of the Center f day, on behalf of my wife, Annette, we celebrate Jackie’s life, we should all TRIBUTE TO JOSEPH BARRY wish Joseph Barry Mason our sincerest reflect on what we can do to honor and MASON thanks and congratulations for his build on his legacy. ∑ ∑ Mr. SHELBY. Mr. President, I rise dedication to making a difference. Unquestionably, there is a distance today to honor Dr. Joseph Barry f yet to go when, for example, we have only one African-American general Mason, the Dean of the College of Com- INDUCTION OF JACKIE ROBINSON manager in major league baseball. merce at my alma mater, The Univer- INTO NORTHEASTERN UNIVER- I send my best wishes to North- sity of Alabama, in my hometown of SITY’S SOCIETY HALL OF FAME Tuscaloosa. Dean Mason is a remark- eastern University, the Center, and Ra- ∑ Mr. KERRY. Mr. President, on Octo- able man, a distinguished educator and chel Robinson on this occasion. I hope ber 28, Northeastern University will a good friend. that all of us will use it as a reminder Joseph Barry Mason received his un- posthumously induct Jackie Robinson of the work that lies ahead: to realize dergraduate degree from the Louisiana into its Sport in Society Hall of Fame. our objective, which was Jackie Robin- Tech University College of Administra- As a member of the National Advisory son’s as well, of a society that does not tion and Business. Upon receiving his Board of the Center for the Study of discriminate on the basis of race and Ph.D. in marketing from The Univer- Sport in Society, I want to make a few offers equal opportunity to all.∑ sity of Alabama in 1967, Dr. Mason remarks about Robinson, the Center, f and racism. joined the faculty of The University EXPLANATION OF VOTES ON THE and, since that time, he has served that Future historians will remember Jackie Robinson as one of the most sig- FY98 LABOR/HHS APPROPRIA- institution with distinction. During his TIONS BILL tenure, Dr. Mason has served as the nificant individuals in twentieth-cen- ∑ Chairman of the College of Commerce tury U.S. history. As the first African- Mr. ABRAHAM: Mr. President, I sup- Department of Management and Mar- American to play Major League Base- ported an amendment offered by Sen- keting, and since 1988, as the Dean of ball in this century, Robinson had to ator GORTON which would block grant the College of Commerce and the Rus- will himself to endure horrific abuse several K–12 education programs di- sell Professor of Business Administra- from fans and fellow players alike. His rectly down to local school districts. I tion. perseverance in the face of this chal- believe Mr. GORTON’S amendment Dr. Mason’s professional associations lenge would have made him a memo- moves in a positive direction for edu- extend beyond the campus of The Uni- rable player even had he not excelled cation spending. By cutting out levels versity. He is a former chairman of the on the diamond. of bureaucratic red tape, Mr. GORTON’S board of the American Marketing Asso- But Jackie Robinson did excel. In his amendment would actually send more ciation and the 1976 Beta Gamma distinguished career, he won the Rook- money into the classroom. Sigma National Scholar. ie of the Year and Most Valuable Play- As we determine the best possible Further, in 1984 Dr. Mason served as er awards. Robinson also played a way to spend scarce education re- the Chairman of the UA Task Force on prominent role as a member of the 1955 sources, I believe it is essential to en- Cost Savings. In that capacity, Dr. Brooklyn Dodgers ball club, the’’ Wait sure that the largest possible portion Mason worked with the General Motors ‘Til Next Year’ team that finally of our education spending makes it Rochester Products Plant and the bested its arch rival New York Yankees way into a classroom. I believe Mr. United Auto Workers in Tuscaloosa in in a thrilling World Series. GORTON’s amendment achieves this ob- order to identify cost savings and pre- Recounting Robinson’s greatest ac- jective. By using the same appropria- vent the closure of the 200-employee fa- complishments as a player cannot do tions level for these programs as last cility. As a result of his successful ef- justice to the impact that he had on year and block granting that amount forts, the groundwork for future aca- the game and our nation. His daring on to the most local level, the Gorton demic-industrial partnerships was laid. the base paths brought the running amendment will actually provide $670 For his excellence in education, Dr. game back as the major style of attack million in additional money to local Mason has received numerous distin- in the National League for the first school districts. For this reason, I sup- guished awards. Dr. Mason received the time in some three decades. His success ported this important amendment.∑ Leavey Award for Excellence in Pri- with the Dodgers led to the signing of f vate Enterprise Education from the other notable players such as Roy Freedoms Foundation of Valley Forge, Campanella, Larry Doby, and Satchel THE STATE VISIT OF JIANG ZEMIN PA. In 1986, he was named the first an- Paige. PEOPLES REPUBLIC OF CHINA nual recipient of the Academy of Mar- His loyalty to the Dodgers ended his ∑ Mr. BURNS. Mr. President, this week keting Science Outstanding Educator career prematurely. Jackie Robinson one of the most important events since of the Year Award. And in 1994, Dean retired rather than play for the San the end of World War II will take place Mason was designated a Distinguished Francisco Giants when the Dodgers here in Washington. It is the State Fellow of the Academy of Marketing sold his contract. Imagining Robinson visit of the National Leader of the Peo- Science. in any uniform other than the Dodgers’ ples Republic of China. The future of At various points in his career, The is like envisioning Cal Ripken wearing United States-China relations will University has honored Dean Mason, as New York Yankee pinstripes. somewhat be forged on the occasion of

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11371 the visit of the President of People’s most earnest way to work out the dif- economy, we need to put our great Republic of China, Jiang Zemin. This ferences that exist, it is my hope the American agriculture on an equal basis summit will, hopefully, define our PRC will become an integrated mem- with semiconductors and automobiles. challenges and opportunities and could ber of the international community Agriculture has always been dealt and should serve as a model for future and begin to act as responsible member away first in all of the trade agree- discussions for both nations. of that community. This can only fur- ments in the last 50 years. It is not fair Let me say that I continue to be dis- ther peace and stability for both na- or right that the great machine of food turbed by some of the actions em- tions and the world. and fiber production be left picking up barked upon by the PRC. The mili- Besides its recent economic advance- the scraps. taristic actions toward Taiwan, the ments, it is incumbent that the United I think that the United States is fol- sale of weapons to Iran, Pakistan, States have a constructive working re- lowing the same course as our relations Syria, and other nations, and the inter- lationship with China. The reasons are with Russia in the late 1980’s. An estab- nal human rights violations that con- obvious: lishment of ties with China does not tinue to occur to name the main ones. The People’s Republic of China [PRC] However, policy of isolation has plays a major role in the post-cold-war necessarily imply an endorsement of never proven successful in inter- world; their policies. I believe that the free- national relations. In fact, a detriment It is the world’s most populous na- dom that the United States embraces to all this nation has to offer and the tion, about 1.2 billion people, and the can only serve as an example to the very doctrines we abide by and stand third-largest in land mass after Russia Chinese people. The summits between for. and Canada; President Reagan and Mr. Gorbachev An example: I have not been totally It has nuclear weapons, is a growing brought about the fall of the Berlin convinced the need for the expansion of military power, and plays a key role in wall—there were naysayers then so NATO—I can hear it now—what does regional stability while emerging as a maybe the talks that the we begin now, China and NATO have to do with one regional leader in Asia; and will lead to the opening of the Great ∑ another and it there a relationship. As one of the five permanent Mem- Wall of China. Well, as a Western State Senator, I bers of the U.N. Security Council, have a tendency to view our foreign China has veto power over security f policy from the Pacific, rather than council resolutions dealing with key the Atlantic. In my opinion, looking multilateral issues, including inter- BUDGET SCOREKEEPING REPORT from the standpoint of NATO, Europe, national peacekeeping and the resolu- ∑ Russia continues to have difficulties tion of regional conflicts. Mr. DOMENICI. Mr. President, I with the fact that NATO enlargement Finally, Mr. President, the upcoming hereby submit to the Senate the budg- is under consideration. Russia is a cash summit is an important opportunity to et scorekeeping report prepared by the poor nation with an overabundance of address many issues that will be of im- Congressional Budget Office under Sec- military weapons, a silent industry portance to all Americans especially tion 308(b) and in aid of Section 311 of base, and a unmanageable bureaucracy. Mountains. Agriculture cannot be left the Congressional Budget Act of 1974, On the other hand, the PRC, their out in these discussions. as amended. This report meets the re- neighbor, is a cash rich nation search- Our Nation was founded on hard quirements for Senate scorekeeping of ing for ways to expand investments work, innovative technologies in agri- Section 5 of S. Con. Res. 32, the First throughout the world. cultural production. U.S. farmer and Concurrent Resolution on the Budget For the moment China, has not been ranchers have supplied our Nation and for 1986. allowed access to Western military the world with clean, safe and afford- This report shows the effects of con- technology. The West has not allowed able food since our humble beginnings. gressional action on the budget and for good reason. I wholly agree We are a leader in agriculture ex- through October 24, 1997. The estimates with a nonaccess policy given obvious ports. This fact is sometimes trans- of budget authority, outlays, and reve- actions taken by the PRC. parent in the eyes of those who would nues, which are consistent with the Therefore, China’s defense industry rather consider the United States as a technical and economic assumptions of does not have the command, control, nation of fiber optics rather than food the 1998 Concurrent Resolution on the computer, and communication sys- and fiber. But, I say we can do both. Budget (H. Con. Res. 84), show that cur- tems, known collectively as ‘‘C4’’. In 1996, China’s farmers produced a rent level spending is below the budget Even with these limitations, China bumper wheat crop. That along with a resolution by $34.9 billion in budget au- continues its work on advanced cruise dispute over unfounded accusations thority and above the budget resolu- missiles, a satellite positioning sys- and over reaction over alleged infected tion by $1.9 billion in outlays. Current tem, and airborne early-warning radar. wheat contributed to a severe decrease level is $1.6 billion below the revenue To facilitate this continued work, in the United States grain exports to floor in 1998 and $2.5 billion above the China’s government has now turned to China. revenue floor over the five years 1998– Russia as the best available source of China’s ban on United States imports 2002. The current estimate of the def- military foreign technology from for- of wheat is based on scientifically un- icit for purposes of calculating the eign sources. founded trade evidence linked to insig- maximum deficit amount is $177.0 bil- It has brought 72 SU–27 fighters—and nificant disease commonly known as lion, $3.7 billion above the maximum plans to build more under license—as tck smut. This diseases is present in deficit amount for 1998 of $173.3 billion. well as Russian kilo submarines. There Canada, as well as Europe. Such bar- is good news. With a limited procure- riers-to-entry are and will be a barrier Since my last report, dated October ment budget, it cannot splash out on to China’s entry into the WTO. 1, 1997, the Congress has cleared, and imports. The only good news is that We’ve seen this type of attack on the President has signed, the Okla- Russia is still unwilling to sell China U.S. agriculture before. Recently, the homa City National Memorial Act of its best equipment. European Union objected to United 1997 (P.L. 105–58) and the following ap- From these facts, one is able to de- States beef imports based on scientif- propriation acts: Further Continuing termine that a China that is alienated ically unfounded evidence; eventually, Appropriations (P.L. 105–64), Energy by the United States will continue to the United States prevailed in a WTO and Water Development (P.L. 105–62), invest their funds for modern military challenge but not before the United Treasury and General Government technology wherever, even with their States cattle industry was damaged (P.L. 105–61), Veterans, Housing and neighbor, and possible ally, Russia to and European markets found their beef Urban Development and Independent ‘‘divide and conquer’’ any perceived exports elsewhere. Agencies (P.L. 105–65), and Transpor- threats to their borders, whether it be Mr. President, U.S. farmers and tation (P.L. 105–66). These actions their Eastern or Western border. ranchers produce the healthiest and changed the current level of budget au- However, if the United States com- best food commodities in the world. If thority, outlays and revenues. mits to an open dialog—tries in the we are truly supposed to be a global The report follows:

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11372 CONGRESSIONAL RECORD — SENATE October 29, 1997 U.S. CONGRESS, the President’s signature the following ap- THE CURRENT LEVEL REPORT FOR THE U.S. SENATE, FIS- CONGRESSIONAL BUDGET OFFICE, propriation bills: Veterans, Housing and CAL YEAR 1998, 105TH CONGRESS, 1ST SESSION, AS Washington, DC, October 28, 1997. Urban Development and Independent Agen- OF CLOSE OF BUSINESS OCTOBER 24, 1997—Contin- cies (H.R. 2158) and Transportation (H.R. Hon. PETE V. DOMENICI, ued Chairman, Committee on the Budget, U.S. Sen- 2169). These actions changed the current ate, Washington, DC. level of budget authority, outlays and reve- [In billions of dollars] DEAR MR. CHAIRMAN: The enclosed report nues. Current for fiscal year 1998 shows the effects of Con- Sincerely, Budget level gressional action on the 1998 budget and is JUNE E. O’NEILL, resolution Current (H. Con. level over/ current through October 24, 1997. The esti- Director. Res. 84) under mates of budget authority, outlays, and rev- resolution enues are consistent with the technical and THE CURRENT LEVEL REPORT FOR THE U.S. SENATE, FIS- Deficit ...... 173.3 177.0 3.7 economic assumptions of the 1998 Concurrent CAL YEAR 1998, 105TH CONGRESS, 1ST SESSION, AS Debt Subject to Limit ...... 5,593.5 5,339.1 ¥254.4 Resolution on the Budget (H. Con. Res. 84). OF CLOSE OF BUSINESS OCTOBER 24, 1997 OFF-BUDGET This report is submitted under Section 308(b) [In billions of dollars] Social Security Outlays: and in aid of Section 311 of the Congressional 1998 ...... 317.6 317.6 0.0 1998–2002 ...... 1,722.4 1,722.4 0.0 Budget Act, as amended. Current Since my last report, dated September 29, Budget Social Security Revenues: resolution Current level 1998 ...... 402.8 402.7 ¥0.1 1997, the Congress has cleared, and the Presi- (H. Con. level over/ 1998–2002 ...... 2,212.1 2,212.3 0.2 dent has signed, the Oklahoma City National under Res. 84) resolution Memorial Act of 1997 (P.L. 105–58) and the Note.—Current level numbers are the estimated revenue and direct spending effects of all legislation that Congress has enacted or sent to the following appropriation acts: Further Con- ON-BUDGET President for his approval. In addition, full-year funding estimates under tinuing Appropriations (P.L. 105–64), Energy Budget Authority ...... 1,390.9 1,356.0 ¥34.9 current law are included for entitlement and mandatory programs requiring and Water Development (P.L. 105–62), and Outlays ...... 1,372.5 1,374.4 1.9 annual appropriations even if the appropriations have not been made. The Revenues: current level of debt subject to limit reflects the latest U.S. Treasury infor- Treasury and General Government (P.L. 105– 1998 ...... 1,199.0 1,197.4 ¥1.6 mation on public debt transactions. 61). In addition, the Congress has cleared for 1998–2002 ...... 6,477.7 6,480.2 2.5 Source: Congressional Budget Office. THE ON-BUDGET CURRENT LEVEL REPORT FOR THE U.S. SENATE, 105TH CONGRESS, 1ST SESSION, SENATE SUPPORTING DETAIL FOR FISCAL YEAR 1998, AS OF CLOSE OF BUSINESS OCTOBER 24, 1997 [In millions of dollars]

Budget authority Outlays Revenues

ENACTED IN PREVIOUS SESSIONS Revenues ...... 1,206,379 Permanents and other spending legislation ...... 880,313 866,860 ...... Appropriation legislation ...... 241,036 ...... Offsetting receipts ...... ¥211,291 ¥211,291 ...... Total previously enacted ...... 669,022 896,605 1,206,379

ENACTED THIS SESSION Balanced Budget Act of 1997 (P.L. 105–33) ...... 1,525 477 267 Taxpayer Relief Act of 1997 (P.L. 105–34) ...... ¥9,281 Stamp Out Breast Cancer Act (P.L. 105–41)1 ...... Oklahoma City National Memorial Act of 1997 (P.L. 105–58) ...... 14 3 14 1997 Emergency Supplemental Appropriations Act (P.L. 105–18) ...... ¥350 ¥280 ...... Defense Appropriations Act (P.L. 105–56)2 ...... 247,709 164,702 ...... Energy and Water Appropriations Act (P.L. 105–62)3 ...... 20,732 13,533 ...... Legislative Branch Appropriations Act (P.L. 105–55) ...... 2,251 2,023 ...... Military Construction Appropriations Act (P.L. 105–45)4 ...... 9,183 3,024 ...... Treasury and General Government Appropriations Act (P.L. 105–61)5 ...... 17,106 14,168 ¥4 Total enacted this session ...... 298,170 197,650 ¥9,004

PASSED PENDING SIGNATURE Veterans, HUD appropriations bill (H.R. 2158) ...... 90,689 52,864 ...... Transportation appropriations bill (H.R. 2169) ...... 13,064 13,485 ...... Total passed pending signature ...... 103,753 66,349 ......

CONTINUING RESOLUTION AUTHORITY Further continuing appropriations (P.L. 105–64)6 ...... 145,502 76,311 ...... ENTITLEMENTS AND MANDATORIES Budget resolution baseline estimates of appropriated entitlements and other mandatory programs not yet enacted ...... 139,518 137,458 ...... TOTALS Total current level ...... 1,355,965 1,374,373 1,197,375 Total budget resolution ...... 1,390,913 1,372,462 1,199,000 Amount remaining: Under budget resolution ...... 39,948 ...... 1,625 Over budget resolution ...... 1,911 ...... ADDENDUM Emergencies ...... 266 2,283 ...... Contingent emergencies ...... 5 3 ...... Total ...... 271 2,286 ...... Total current level including emergencies ...... 1,356,236 1,376,659 1,197,375 1 The revenue effects of this act begin in fiscal year 1999. 2 Estimates include $144 million in budget authority and $73 million in outlays for items that were vetoed by the President on October 14, 1997. 3 Estimates include $19 million in budget authority and $12 million in outlays for items that were vetoed by the President on October 17, 1997. 4 Estimates include $287 million in budget authority and $28 million in outlays for items that were vetoed by the President on October 6, 1997. 5 Estimates include $2 million in budget authority and $2 million in outlays for items that were vetoed by the President on October 17, 1997. 6 This is an annualized estimate of discretionary spending provided in P.L. 105–64, which expires November 7, 1997, for programs funded in the following appropriations bills: Agriculture, Commerce-Justice-State, District of Columbia, Foreign Operations, Interior, and Labor-HHS-Education. The first continuing resolution (P.L. 105–46) expired October 23, 1997. Note.—Amounts shown under ‘‘emergencies’’ represent funding for programs that have been deemed emergency requirements by the President and the Congress. Amounts shown under ‘‘contingent emergencies’’ represent funding des- ignated as an emergency only by the Congress that is not available for obligation until it is requested by the President and the full amount requested is designated as an emergency requirement. Source: Congressional Budget Office.•

HONORING THE MEMORY OF THE ation of Calendar No. 172, Senate Reso- A resolution (S. Res. 123) honoring the FORMER PEACE CORPS DIREC- lution 123. memory of former Peace Corps Director Loret Miller Ruppe. TOR LORET MILLER RUPPE The PRESIDING OFFICER. Without objection, it is so ordered. The PRESIDING OFFICER. Is there Mr. JEFFORDS. Mr. President, I ask objection to the immediate consider- unanimous consent that the Senate The clerk will report. ation of the resolution? proceed to the immediate consider- The assistant legislative clerk read There being no objection, the Senate as follows: proceeded to consider the resolution.

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11373 Mr. JEFFORDS. Mr. President, I ask proceed to the immediate consider- youth worldwide come together in healthy unanimous consent that the resolution ation of Calendar No. 200, Senate Con- competition, learning the value of team- be agreed to, that the preamble be current Resolution 37. work, individual responsibility, and respect agreed to, the motion to reconsider be for others; The PRESIDING OFFICER. The Whereas Little League Baseball Incor- laid upon the table, and that any state- clerk will report. porated provides administrative and other ments relating to the resolution appear The assistant legislative clerk read services, including financial assistance from at this point in the RECORD. as follows: time to time, to such leagues without any The PRESIDING OFFICER. Without A concurrent resolution (S. Con. Res. 37) obligation to reimburse Little League Base- objection, it is so ordered. expressing the sense of the Congress that ball Incorporated; The resolution (S. Res. 123) was Little League Baseball Incorporated was es- Whereas Little League Baseball Incor- agreed to. tablished to support and develop Little porated has established a United States The preamble was agreed to. League baseball worldwide and should be en- foundation for the advancement and support The resolution, with its preamble, is titled to all of the benefits and privileges of Little League baseball in the United as follows: available to nongovernmental international States and around the world, and has also created in Poland through its representative, S. RES. 123 organizations. Dr. Creighton Hale, the Poland Little League Whereas the Members of the Senate were The PRESIDING OFFICER. Is there Baseball Foundation for the construction of greatly saddened by the death of Loret Mil- objection to the immediate consider- Little League baseball facilities and playing ler Ruppe, the longest-serving Director of ation of the concurrent resolution? fields, in which youth may participate world- the Peace Corps; and There being no objection, the Senate wide in international competitions, and is Whereas Loret Miller Ruppe’s inspirational proceeded to consider the concurrent providing all the funds for such construction; vision, dedication, and leadership (1) revital- resolution, which had been reported Whereas the efforts of Little League Base- ized the Peace Corps as she began or revived ball Incorporated are supported by millions programs in Sir Lanka, Haiti, Burundi, from the Committee on Foreign Rela- tions with an amendment in the nature of volunteers worldwide, as parents, league Guinea-Bissau, Chad, Equatorial Guinea, and officials, managers, coaches, and auxiliary the Cape Verde Islands; (2) energized a new of a substitute, as follows: members and countless volunteer agencies, generation of Americans to accept the chal- Resolved by the Senate (the House of Rep- including sponsors, all of whom give their lenge of serving in the Corps; (3) refocused resentatives concurring), That (a) it is the sense time and effort without remuneration, in the Corps on its mission of development to of the Congress that Little League Baseball In- service to others, to advance the goals of achieve world peace; and (4) did a great serv- corporated is international in character and has Little League Baseball Incorporated and ice to America and to the millions of the engendered international goodwill through its thereby assist the economic transformation world’s citizens touched by her efforts: Now, worldwide activities, particularly among the of societies worldwide, the improvement in therefore, be it youth of the world. the quality of life of all citizens and the pro- Resolved, That (a) the Senate recognizes (b) The Congress reaffirms that Little League motion of a civil international community; and acknowledges the achievements and con- Baseball Incorporated was established to sup- and tributions of the longest-serving Director of port and develop Little League baseball world- Whereas, as demonstrated by the success of the Peace Corps, Loret Miller Ruppe, and the wide, through the chartering of local leagues its efforts worldwide, Little League Baseball volunteers she inspired, not only for their and the provision of assistance to such local Incorporated is the largest nongovernmental service in other countries but also in their leagues, through the creation or location of fa- international youth sports organization in own communities. cilities in other countries, and the provision of the world and continues to grow: Now, there- (b) It is the sense of the Senate that the other support as appropriate, including finan- President should honor the memory of the fore, be it cial support, without right of reimbursement or Resolved by the Senate (the House of Rep- Peace Corps’ great leader Loret Miller Ruppe repayment. resentatives concurring), That (a) it is the and reaffirm the commitment of the United (c) The Congress calls upon the parliamentary sense of the Congress that Little League States to international peace and under- bodies and government officials of other na- Baseball Incorporated is international in standing. tions, particularly those that participate in Lit- character and has engendered international Mr. LEVIN addressed the Chair. tle League baseball, to recognize and celebrate goodwill through its worldwide activities, The PRESIDING OFFICER. The Sen- the international character of Little League particularly among the youth of the world. ator from Michigan is recognized. baseball. (b) The Congress reaffirms that Little Mr. LEVIN. Mr. President, on that Mr. JEFFORDS. Mr. President, I ask League Baseball Incorporated was estab- subject, I didn’t realize that such a res- unanimous consent that committee lished to support and develop Little League olution was coming forward this substitute be agreed to, the resolution baseball worldwide, through the chartering evening. But having heard the nature be agreed to, as amended, the preamble of local leagues and the provision of assist- of the resolution, I commend my good ance to such local leagues, through the cre- be agreed to, the title amendment be ation or location of facilities in other coun- friend from Vermont for forwarding agreed to, the motion to reconsider be tries, and the provision of other support as this on behalf of the sponsors of the laid upon the table, and that any state- appropriate, including financial support, resolution. As it happened, by pure co- ments related to the resolution appear without right of reimbursement or repay- incidence, today in the Foreign Rela- in the RECORD. ment. tions Committee, I supported the nomi- The PRESIDING OFFICER. Without (c) The Congress calls upon the parliamen- nation of David Hermelin, of Michigan, objection, it is so ordered. tary bodies and government officials of other to be our Ambassador to Norway. I The committee amendment was nations, particularly those that participate in Little League baseball, to recognize and made reference to the fact that Mrs. agreed to. celebrate the international character of Lit- Ruppe, also from Michigan, had served The resolution, as amended, was tle League baseball. with tremendous distinction as our agreed to. The title was amended so as to read: Ambassador to Norway, as well as she The preamble was agreed to. Concurrent Resolution expressing the had served the Peace Corps as its direc- The concurrent resolution (S. Con. sense of the Congress that Little League tor. Res. 37), as amended, with its preamble Baseball Incorporated was established to So it is quite a coincidence that this reads as follows: support and develop Little League baseball resolution is coming forward today S. CON. RES. 37 worldwide and that its international char- with her name commemorated at the Whereas Little League Baseball Incor- acter and activities should be recognized. Foreign Relations Committee with porated is a nonprofit membership organiza- f great warmth. I wanted to just rise to tion, chartered by the Congress of the United AGRICULTURAL RESEARCH, EX- give my strong support to this resolu- States in 1964 to promote, develop, supervise, TENSION, AND EDUCATION RE- tion. It is highly appropriate. and assist youth worldwide in participation Mr. JEFFORDS. I appreciate the in Little League baseball and to instill in FORM ACT OF 1997 Senator saying that. youth the spirit and competitive will to win, Mr. JEFFORDS. Mr. President, I ask values of team play, and healthful associa- f unanimous consent that the Senate tion with other youth under proper leader- now proceed to the consideration of CONCURRENT RESOLUTION ON ship; Whereas Little League Baseball Incor- Calendar No. 154, Senate 1150. LITTLE LEAGUE BASEBALL IN- The PRESIDING OFFICER. The CORPORATED porated has chartered more than 18,000 local Little League baseball or softball leagues in clerk will report. Mr. JEFFORDS. Mr. President, I ask 85 countries, across 6 continents, through The assistant legislative clerk read unanimous consent that the Senate which more than 198,000 teams and 3,000,000 as follows:

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11374 CONGRESSIONAL RECORD — SENATE October 29, 1997 A bill (S. 1150) to ensure that federally search system. This system has served all groups interested in CRP’s success. funded agricultural research, extension, and us well. To use our available resources I urge the committee to continue education address high-priority concerns most effectively, however, it is impor- working on this issue. with national multi-State significance, to tant to ensure more collaboration and This bill is a positive step forward. reform, extend, and eliminate certain agri- Federal investment in agricultural re- cultural research programs, and for other efficiency as well as achieve greater ac- purposes. countability. We cannot overlook the search, extension, and education is one of the most important duties of the The PRESIDING OFFICER. Is there relevance or merit of the research, ex- Senate Agriculture Committee, and, objection to the immediate consider- tension, and education programs. I urge all Members of the Senate to again, I commend Senator LUGAR and ation of the bill? support this important legislation. Senator HARKIN for their commitment There being no objection, the Senate Mr. DASCHLE. Mr. President, I want to this effort. proceeded to consider the bill. to thank Chairman LUGAR, Senator FOOD GENOME STRATEGY AMENDMENT NO. 1527 HARKIN, and their staffs for the tre- Mr. BOND. Mr. President, I would (Purpose: To improve the bill) mendous effort they have devoted to like to discuss with the distinguished Mr. JEFFORDS. Mr. President, Sen- the research reauthorization bill over chairman of the Agriculture Com- ator LUGAR has a managers’ amend- the past several months, and congratu- mittee the food genome strategy that ment at the desk, and I ask for its con- late them for the legislation we have is authorized in this bill. Senator sideration. before us today. LUGAR is to be commended highly for The PRESIDING OFFICER. The We owe much of the credit for this including this visionary provision in clerk will report. country’s agricultural success to our the bill. It is my understanding that The assistant legislative clerk read network of land grant institutions, the food genome strategy, authorized as follows: State agriculture experiment stations, in this bill, will include comprehensive, The Senator from Vermont [Mr. JEF- USDA’s Agricultural Research Service, directed, and coordinated plant genome FORDS], for Mr. LUGAR and Mr. HARKIN, pro- and hundreds of county extension of- and animal genome initiatives. Is my poses an amendment numbered 1527. fices. These entities work together in a understanding correct? Mr. JEFFORDS. Mr. President, I ask wide range of ways to produce cutting- Mr. LUGAR. Yes, these initiatives, unanimous consent that reading of the edge research and then convert it into while allowing for all entities to com- amendment be dispensed with. improved practices and technology pete competitively for funding, will be The PRESIDING OFFICER. Without meaningful to producers. directed and coordinated programs objection, it is so ordered. It is important to strengthen this that are designed to accomplish spe- The amendment is as follows: network further. This bill places in- cific objectives. The request for pro- (The text of the amendment is print- creased emphasis on collaboration posals [RFP] that will be published by ed in today’s RECORD under ‘‘Amend- among institutions and disciplines, and the USDA could be very specific in its ments Submitted.’’) encourages pursuit of goals benefiting requests. For example, one part of the Mr. LUGAR. Mr. President, today the more than one region or State. It em- RFP may request the development of Senate completes action on the Agri- phasizes priority-setting so resources 100,000 expressed sequence Tags on corn cultural Research, Extension and Edu- can be targeted to emerging and crit- and another part may request a very cation Reform Act of 1997. This legisla- ical issues when necessary, and estab- high resolution physical map of corn. tion was approved by a unanimous roll- lishes new mechanisms for ensuring ac- Mr. BOND. I understand that it is call vote of the 18 members of the Sen- countability. your intention that the plant genome ate Agriculture Committee in July. I Specifically, I am pleased that the initiative and the animal genome ini- commend Senator HARKIN and all bill preserves existing programs that tiative will not be scientific free-for- members of the committee for their bi- share these objectives, such as the alls, if you will, that fund any research partisan approach and cooperative ef- Fund for Rural America. As you know, project that happens to have genome in forts in constructing this legislation. the fund was designed to provide imme- the proposal. Rather, this program will Because research programs were only diate, flexible, and applied research be designed to have specific objectives authorized through 1997 in last year’s and support to people in rural areas and milestones that must be met along farm bill, the Senate Agriculture Com- who are adjusting to rapid changes in the way so that the taxpayers realize a mittee has had the opportunity this the agricultural sector since the last timely and significant return on their year to review agricultural research, farm bill. dollar invested in this research. extension and education funding. The The Fund for Rural America pro- Mr. LUGAR. The purpose of having a committee gathered testimony through motes value-added processing, which is food genome strategy is to ensure that four hearings in March and received vital to successful rural economic de- there is a comprehensive plan that in- more than 100 responses to some rel- velopment. Our rural communities cludes appropriate, specific objectives evant questions that I posed publicly in must capture more of the revenue their for each aspect of the program, be it January. locally produced commodities ulti- mapping, sequencing, trait identifica- With the growth in world population, mately generate. Value-added proc- tion, or bioinformatics. U.S. producers may well need to triple essing keeps that revenue local, which Mr. BOND. With your assistance, we their production in the next few dec- will be critical to the future of those have established a $40 million plant ge- ades to meet growing demand for food communities. nome initiative within the National and spare the world’s rain forests from I am pleased to say also that this bill Science Foundation [NSF] that will be being uprooted in a desperate effort to treats smaller institutions fairly. It focused on economically significant expand production. significantly levels the playing field crops. To facilitate the development of To increase future food production, for small schools competing for limited a comprehensive plant genome initia- our Nation must devote additional re- research funds, and it is sensitive to tive, the President’s Science Advisor, sources to agricultural research. This the relative importance of formula Dr. Gibbons, established an Inter-Agen- bill provides new funding for agricul- funds for institutions in agrarian cy Working Group on Plant Genomes. tural research to address critical States with low populations. This group will be consulting with the emerging issues related to future food Finally, I had hoped we would be able NSF in the design and implementation production, environmental protection to address the problems with the CRP of the plant genome initiative. It is my and farm income. Food genome haying and grazing program, but I rec- understanding that the plant genome science, food safety, agricultural bio- ognize that consensus on a specific initiative, authorized under this bill, technology and precision agriculture remedy remains elusive. I do hope we will be coordinated with the NSF plant are key areas that need additional re- will be more successful on this front in genome initiative. sources to meet the challenges that the near future because the current Mr. LUGAR. Certainly, we intend for face U.S. farmers. system is creating both severe difficul- the work to be complementary. We ex- This bill also makes significant re- ties for the people managing those pect the USDA to work with the Inter- forms to the current agricultural re- lands and growing uneasiness among Agency Working Group to ensure that

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11375 the total amount of funds from all the development of expressed sequence Section 232 of the S. 1150 creates a agencies is coordinated, directed, and tags and high-resolution physical maps new research program authorizing the focused. This will ensure that there is may, of necessity, be done by one enti- Secretary of Agriculture to make no duplication and better coordination. ty. Expressed sequence tags and phys- grants for the development and pro- Mr. BOND. Since the NSF has $40 ical maps are the critical foundation of motion of precision agriculture, includ- million for a plant genome initiative, the food genome strategy. If the Sec- ing projects to educate producers on there have been some questions raised retary is required to give higher pri- the benefits of this new technology. concerning which agency, NSF or ority to multi-State, multi-institu- One of my amendments, which has USDA, would serve as the lead agency tional, and multidisciplinary pro- been included in the managers amend- for the national plant genome initia- posals, this very basic information may ment, ensures that educational efforts tive. In the managers amendment, you not be developed. It is my under- provide farmers with information clarified this issue by providing that standing, however, that the managers about the costs of this technology as USDA be the lead agency unless the do not intend for this to happen. Rath- well. Any responsible federally funded funding it administered for the plant er, since the entire Food Genome farmer education efforts on precision genome initiative was substantially Strategy will be multi-State, multi-in- agriculture must inform farmers of less than that provided by another stitutional, and multi-disciplinary, all costs of this new technology. agency. aspects of this program could receive a Mr. LUGAR. That is correct. I agree higher priority. Cost considerations are particularly that if the USDA does not provide suf- Mr. LUGAR. That is absolutely cor- important given that precision agri- ficient funding for the plant genome rect. We recognize that the food ge- culture technologies tend to be techno- initiative, it should not be the lead nome strategy will be different from logically sophisticated and capital in- agency. other projects funded under title III. tensive, requiring investments in com- Mr. BOND. It is my understanding The food genome strategy will be a puter systems, new software, and po- that some people have stated that this multi-State, multi-institutional, and tentially new mechanical input appli- program will be administered in a man- multi-disciplinary program and, there- cators. Farmers who wish to avoid ac- ner similar to the national research fore, all individual proposals and quiring the equipment needed for preci- initiative, the NRI. While the NRI projects could meet the tests for gain- sion agriculture may have to contract plays a valuable role in the discovery ing a higher priority. for these services with input suppliers. of scientific information related to ag- Mr. BOND. Thank you, Mr. Chair- In either case, substantial financial in- riculture, it is not a directed, coordi- man. I commend you and other mem- vestments may be required of farmers nated program. It is my understanding, bers of the Agriculture Committee for adopting precision agriculture tech- however, that the plant genome initia- including this vitally important provi- tive will be coordinated and focused on sion in the bill. I also appreciate the nologies. Farmers need information the most economically significant able assistance of our staff throughout that will allow them to balance the po- crops. Is that correct? this process. tential long-term benefits of precision Mr. LUGAR. Yes. The food genome This legislation, will provide us the agriculture technologies with the strategy will be coordinated and di- tools we need to meet the challenges of short-term and long-term financial rected and the outcomes will be fo- the 21st century and I congratulate you costs. My amendment clarifies that cused on economically significant on your continuing leadership. any USDA funding provided for pro- plants, animals, and microbes and will Mr. FEINGOLD. Mr. President, ducer education efforts must provide ensure that all the funding under the today, the Senate will pass S. 1150, the information on both costs and benefits program will be directed at achieving Agricultural Research, Extension, and of precision agriculture. results that ultimately will yield us Education Reform Act. I am pleased, While precision agriculture may re- Mr. President, that several amend- the greatest economic returns. sult in production efficiencies and im- Mr. BOND. The report accompanying ments I had planned to offer on the proved profitability for some farms, S. 1150 makes clear that the committee floor when the Senate took up this bill many in agriculture are concerned intends that the Secretary utilize have been accepted by the chairman, that, because of the capital intensive funds from the initiative for future ag- Mr. LUGAR, and the ranking member, nature of this precision agriculture riculture and food systems, established Mr. HARKIN, of the Agriculture Com- under title III of the bill, for the plant mittee and have been included in the systems, this new technology will not genome initiative and the animal ge- managers’ amendment to the bill. be applicable or accessible to small or nome initiative. Under the Initiative Two of my amendments included in highly diversified farms. It is unclear for Future Agriculture and Food Sys- the bill address a new research pro- whether precision agriculture services, tems, there is no provision for coordi- gram regarding precision agriculture. even if provided by input suppliers, will nated, directed, and focused programs. Precision agriculture is a system of be available at affordable rates to Am I correct in assuming that while farming that uses very site-specific in- small farms. Furthermore, some ob- the funds for the food genome strategy formation on soil nutrient needs and servers are concerned that private may be derived from the Initiative for presence of plant pests, often gathered firms may find that marketing efforts Future Agriculture and Food Systems, using advanced technologies such as directed at small farms are not lucra- it is the intent of the managers that global positioning systems, high per- tive enough and thus may avoid efforts the food genome strategy would, in formance image processing, and soft- to apply the technology to small oper- fact, be a coordinated, directed pro- ware systems to determine the specific ations. fertilizer, pesticide and other input gram? In addition to concerns about the ap- needs of a farmer’s cropland. This tech- Mr. LUGAR. The food genome strat- plicability and accessibility of preci- egy will be a coordinated, directed pro- nology may have the benefit of low- sion agriculture to small farms, many gram without regard to the origin of ering farm production costs and in- are concerned that precision agri- the funding. crease profitability by helping the pro- Mr. BOND. In addition, under title ducer reduce agricultural inputs by ap- culture may not be the most appro- III, the Secretary is required, in mak- plying them only where needed. In ad- priate production system for small ing individual grants, to give higher dition, reducing agricultural inputs farms given the costs of acquiring new priority to a proposal that is multi- may minimize the impact of crop pro- technology or contracting for addi- state, multi-institutional, or multi- duction on wildlife and the environ- tional services. There may be other disciplinary. While the overall Food ment. While precision agriculture, gen- production systems, such as integrated Genome Strategy will be multi-State, erally defined, encompasses a broad whole farm crop, livestock, and re- multi-institutional, and multidisci- range of techniques from high-tech- source management systems, that plinary, there will be many aspects of nology satellite imaging systems to allow small farmers to reduce input the program that will not facilitate manual soil sampling, it is most fre- costs, improve profitability, and mini- multi-State, multi-institutional, and quently discussed in terms of the use of mize environmental impacts of agricul- multidisciplinary grants, especially in capital intensive advanced tech- tural production that are more appro- the first couple of years. For example, nologies. priate for smaller operations.

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11376 CONGRESSIONAL RECORD — SENATE October 29, 1997 To address this concern, I have pro- of small family-owned dairy farms. The production and marketing systems posed an amendment which adds new grocery storeowners, input suppliers, that specifically address the needs of language to section 232 allowing USDA schoolteachers, truckers, cheese manu- small producers. to fund studies evaluating whether pre- facturers, and many other small rural Using research dollars to help main- cision agriculture technologies are ap- businesses have been hurt as Wisconsin tain the economic viability of small- plicable or accessible to small- and me- has seen its dairy farm numbers de- and medium-size dairy and livestock dium-sized farms. The amendment also cline. operations has benefits beyond those allows USDA to conduct research on There is substantial concern that afforded to such farmers and the com- methods to improve the applicability past and present Federal investments munities in which they reside. Keeping of precision agriculture to these oper- in agricultural research have focused a large number of small operations in ations. It is critical that USDA’s re- almost solely on the needs of larger production can provide environmental search investment in this new tech- scale agricultural producers, neglect- benefits as well. As livestock oper- nology not exclude the needs of small ing the specific research needs of small ations expand their herd size without a farmers. If it does, this new research producers. Some have suggested that corresponding increase in cropping program could ultimately affect the this research bias has exacerbated the acreage, manure storage and manage- structure of agriculture, potentially trend toward increased concentration ment practices become more costly and providing disproportionate advantages and vertical integration, particularly more burdensome for the operator and to large scale farming operations, fur- in the livestock sector. raise additional regulatory concerns thering the trend to fewer and larger To address this concern, I have pro- associated with runoff and water qual- farms. My amendment will allow USDA posed an amendment to S. 1150, in- ity among State and Federal regu- to conduct research on low cost preci- cluded in the managers’ amendment, lators. Research that helps dairy and sion agriculture systems that do not which authorizes a coordinated pro- livestock operators remain competitive require significant financial invest- gram of research, extension, and edu- and profitable without dramatic expan- ments by farmers and that may be cation to improve the viability of sion will help minimize these concerns. more appropriate to small or highly di- small- and medium-size dairy and live- Finally, Mr. President, I proposed an versified farming operations. stock operations. amendment to require the Secretary to The final two amendments I have of- Among the research projects the Sec- fund research on the competitiveness fered and which have been included in retary is authorized to conduct are: Re- and viability of small- and medium-size the managers’ amendment authorize search, development, and on-farm edu- farms under the Initiative for Future and provide funding for research, edu- cation low-cost production facilities, Agriculture and Food Systems—a new cation and extension projects to im- management systems and genetics ap- research program authorized by S. 1150 prove the competitiveness, viability propriate for these small and medium funded at total $780 million for fiscal and sustainability of small- and me- operations, research and extension on years 1998 through 2002. With the inclu- dium-size dairy and livestock oper- management intensive grazing systems sion of my amendment in the managers ations. which reduce feed costs and improve amendment, the Secretary is directed Many Senators have expressed con- farm profitability, research and exten- to make grants for research projects cern about the trend toward increased sion on integrated crop and livestock addressing the viability of small- and concentration in the dairy and live- systems that strengthen the competi- medium-size farming operations with stock sectors. According to a 1996 re- tive position of small- and medium-size funding made available under the Ini- port by the USDA Advisory Committee operations, economic analyses and fea- tiative in fiscal years 1999–2002. This on Agricultural Concentration, con- sibility studies to identify new mar- amendment ensures that the research centration in cattle feeding has grown keting opportunities for small- and me- needs of small dairy, livestock, and dramatically, with 152 feeders account- dium-size producers, technology assess- cropping operations will be addressed ing for more than 40 percent of all head ment that compares the technological under the substantial new funding pro- sold. Meatpacker concentration has resources of large specialized producers vided for agricultural research in this also grown, with four packing firms ac- with the technological needs of small- bill. counting for 80 percent of fed cattle in and medium-size dairy and livestock Mr. President, I appreciate the co- the U.S. Extensive vertical integration operations, and research to identify the operation of the chairman, Mr. Lugar, in the cattle industry has also reduced specific research and education needs and the ranking member, Mr. HARKIN, price discovery and market informa- of these small operations. of the Agriculture Committee and their tion available to small producers. The The amendment allows the Secretary staff in addressing the important re- combination of reduced price informa- to carry out this new program using search needs of small- and medium-size tion and increased concentration in the existing USDA funds, facilities and farms by including my amendments in feeding and packing industry has put technical expertise. Dairy and live- this important bill. I look forward to small cattle producers under extreme stock producers should not be forced to working with them to maintain these financial pressure, necessitating more become larger in order to remain com- amendments during conference com- research, education and extension ef- petitive. Bigger is not necessarily bet- mittee consideration of this bill. forts to ensure the viability of small- ter. And in fact, Mr. President, expan- Mr. JEFFORDS. Mr. President, I ask and medium-sized cattle operations. sion is often counterproductive for unanimous consent that the amend- Of greatest concern to producers in small operations requiring them to ment be agreed to, the bill be consid- my home State of Wisconsin is the take on an even greater debt load. ered read a third time and passed, as trend toward fewer and larger dairy Farmers need more help in deter- amended, the motion to reconsider be farms in the United States. In 1980, mining other methods of maintaining laid upon the table, and that any state- there were 45,000 dairy farms in Wis- long-term profitability. For example, ments relating to the bill appear in the consin. In 1997, there are only 24,000 small dairy farmers may find adoption RECORD. dairy farms. Of those 24,000 dairy of management-intensive grazing sys- The PRESIDING OFFICER. Without farms, 90 percent are operations with tems combined with a diversified crop- objection, it is so ordered. fewer than 100 cows. The trend toward ping operation a profitable alternative The amendment (No. 1527) was agreed fewer but larger dairy operations is to expansion. But there has been far to. mirrored in most States throughout too little federally funded research de- The bill (S. 1150), as amended, was the Nation. The economic losses associ- voted to alternative livestock produc- passed, as follows: ated with the reduction in small farm tion systems. Small producers need S. 1150 numbers go well beyond the impact on more Federal research and extension Be it enacted by the Senate and House of Rep- resentatives of the United States of America in the individual farm families exiting activity devoted to the development of Congress assembled, the industry. Rather, the reduction in these alternatives. I believe this SECTION 1. SHORT TITLE; TABLE OF CONTENTS. farm numbers has affected the rural amendment is a good first step in es- (a) SHORT TITLE.—This Act may be cited as communities in my home State that tablishing the Federal research com- the ‘‘Agricultural Research, Extension, and have been built around a large number mitment to help develop and promote Education Reform Act of 1997’’.

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(b) TABLE OF CONTENTS.—The table of con- Sec. 239. Food animal residue avoidance (2) research, extension, or education activi- tents of this Act is as follows: database program. ties administered, on a competitive basis, by Sec. 1. Short title; table of contents. Sec. 240. Financial assistance for certain the Cooperative State Research, Education, Sec. 2. Definitions. rural areas. and Extension Service. TITLE I—PRIORITIES, SCOPE, AND RE- Subtitle E—Studies and Miscellaneous SEC. 102. PRIORITY SETTING PROCESS. VIEW OF AGRICULTURAL RESEARCH, Sec. 241. Evaluation and assessment of agri- (a) IN GENERAL.—Consistent with section EXTENSION, AND EDUCATION cultural research, extension, 1402 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 Sec. 101. Standards for Federal funding of and education programs. Sec. 242. Study of federally funded agricul- U.S.C. 3101), the Secretary shall establish agricultural research, exten- priorities for agricultural research, exten- sion, and education. tural research, extension, and education. sion, and education activities conducted or Sec. 102. Priority setting process. funded by the Department. Sec. 103. Relevance and merit of federally Sec. 243. Sense of Congress on State match for 1890 Institutions. (b) INPUT FROM STAKEHOLDERS.— funded agricultural research, (1) IN GENERAL.—In establishing priorities TITLE III—INITIATIVE FOR FUTURE extension, and education. for agricultural research, extension, and edu- AGRICULTURE AND FOOD SYSTEMS Sec. 104. Research formula funds for 1862 In- cation activities conducted or funded by the stitutions. Sec. 301. Initiative for Future Agriculture Department, the Secretary shall solicit and Sec. 105. Extension formula funds for 1862 and Food Systems. consider input and recommendations from Institutions. TITLE IV—EXTENSION OR REPEAL OF stakeholders. Sec. 106. Research facilities. CERTAIN AUTHORITIES; TECHNICAL (2) 1862, 1890, AND 1994 INSTITUTIONS.— TITLE II—OTHER REFORMS OF AGRICUL- AMENDMENTS (A) IN GENERAL.—Effective beginning Octo- TURAL RESEARCH, EXTENSION, AND Sec. 401. Extensions of authorities. ber 1, 1998, to obtain agricultural research, EDUCATION Sec. 402. Repeal of authorities. extension, or education formula funds from Subtitle A—Amendments to National Agri- Sec. 403. Short titles for Smith-Lever Act the Secretary, each 1862 Institution, 1890 In- cultural Research, Extension, and Teach- and Hatch Act of 1887. stitution, and 1994 Institution shall establish ing Policy Act of 1977 Sec. 404. Technical corrections to research and implement a process for obtaining stake- Sec. 201. Advisory Board. provisions of Federal Agri- holder input concerning the use of the funds. Sec. 202. Grants and fellowships for food and culture Improvement and Re- (B) REGULATIONS.—The Secretary shall agricultural sciences education. form Act of 1996. promulgate regulations that prescribe— Sec. 203. Policy research centers. TITLE V—AGRICULTURAL PROGRAM (i) the requirements for an Institution to Sec. 204. International agricultural re- SAVINGS comply with subparagraph (A); and search, extension, and teaching. Sec. 501. Nutrition programs. (ii) the consequences for an Institution of Sec. 205. General administrative costs. Sec. 502. Information technology funding. not complying with subparagraph (A), which Sec. 206. Expansion of authority to enter SEC. 2. DEFINITIONS. may include the withholding and redistribu- into cost-reimbursable agree- In this Act: tion of funds to which the Institution may be ments. (1) 1862 INSTITUTION.—The term ‘‘1862 Insti- entitled until the Institution complies with Subtitle B—Amendments to Food, Agri- tution’’ means a college or university eligi- subparagraph (A). culture, Conservation, and Trade Act of ble to receive funds under the Act of July 2, (c) MANAGEMENT PRINCIPLES.—Section 1402 1990 1862 (12 Stat. 503, chapter 130; 7 U.S.C. 301 et of the National Agricultural Research, Ex- tension, and Teaching Policy Act of 1977 (7 Sec. 211. National Agricultural Weather In- seq.). U.S.C. 3101) is amended— formation System. (2) 1890 INSTITUTION.—The term ‘‘1890 Insti- (1) in the section heading, by inserting Sec. 212. National Food Genome Strategy. tution’’ means a college or university eligi- ‘‘ ’’ after Sec. 213. Imported fire ant control, manage- ble to receive funds under the Act of August AND MANAGEMENT PRINCIPLES ‘‘ ’’; ment, and eradication. 30, 1890 (26 Stat. 419, chapter 841; 7 U.S.C. 321 PURPOSES (2) by inserting ‘‘(a) PURPOSES.—’’ before Sec. 214. Agricultural telecommunications et seq.), including Tuskegee University. ‘‘The purposes’’; and program. (3) 1994 INSTITUTION.—The term ‘‘1994 Insti- (3) by adding at the end the following: Sec. 215. Assistive technology program for tution’’ means a 1994 Institution (as defined farmers with disabilities. ‘‘(b) MANAGEMENT PRINCIPLES.—To the in section 532 of the Equity in Educational maximum extent practicable, the Secretary Subtitle C—Amendments to Other Laws Land-Grant Status Act of 1994 (Public Law shall ensure that federally supported and Sec. 221. 1994 Institutions. 103–382; 7 U.S.C. 301 note)). conducted agricultural research, education, Sec. 222. Cooperative agricultural extension (4) ADVISORY BOARD.—The term ‘‘Advisory and extension activities are accomplished in work by 1862, 1890, and 1994 In- Board’’ means the National Agricultural Re- a manner that— stitutions. search, Extension, Education, and Econom- ‘‘(1) integrates agricultural research, edu- Sec. 223. Eligibility of certain colleges and ics Advisory Board established under section cation, and extension functions to better universities for extension fund- 1408 of the National Agricultural Research, link research to technology transfer and in- ing. Extension, and Teaching Policy Act of 1977 (7 formation dissemination activities; Sec. 224. Integration of research and exten- U.S.C. 3123). ‘‘(2) encourages regional and multistate sion. (5) DEPARTMENT.—The term ‘‘Department’’ programs to address relevant issues of com- Sec. 225. Competitive, special, and facilities means the Department of Agriculture. mon concern and to better leverage scarce research grants. (6) HATCH ACT OF 1887.—The term ‘‘Hatch resources; Sec. 226. Fund for Rural America. Act of 1887’’ means the Hatch Act of 1887 (as ‘‘(3) achieves agricultural research, edu- Sec. 227. Honey research, promotion, and designated by section 403(b)). cation, and extension objectives through consumer information. (7) SECRETARY.—The term ‘‘Secretary’’ multi-institutional and multifunctional ap- Sec. 228. Office of Energy Policy and New means the Secretary of Agriculture. proaches and by conducting research at fa- Uses. (8) SMITH-LEVER ACT.—The term ‘‘Smith- cilities and institutions best equipped to Sec. 229. Kiwifruit research, promotion, and Lever Act’’ means the Smith-Lever Act (as achieve those objectives; and consumer information program. designated by section 403(a)). ‘‘(4) requires accountability to be measured Sec. 230. National aquaculture policy, plan- (9) STAKEHOLDER.—The term ‘‘stakeholder’’ against shared national goals of the re- ning, and development. means a person who conducts or uses agri- search, education, and economics mission Subtitle D—New Programs cultural research, extension, or education. area agencies of the Department and their Sec. 231. Biobased products. TITLE I—PRIORITIES, SCOPE, AND RE- partners that receive Federal research, ex- Sec. 232. Precision agriculture. VIEW OF AGRICULTURAL RESEARCH, tension, and higher education funds, con- Sec. 233. Formosan termite eradication pro- EXTENSION, AND EDUCATION sistent with the Government Performance gram. SEC. 101. STANDARDS FOR FEDERAL FUNDING OF and Results Act of 1993 (Public Law 103–62) Sec. 234. Nutrient composition data. AGRICULTURAL RESEARCH, EXTEN- and amendments made by that Act.’’. Sec. 235. Consolidated administrative and SION, AND EDUCATION. (d) NOTIFICATION OF ADVISORY BOARD AND laboratory facility. (a) IN GENERAL.—The Secretary shall en- CONGRESS.—Section 1408 of the National Ag- Sec. 236. National Swine Research Center. sure that agricultural research, extension, or ricultural Research, Extension, and Teach- Sec. 237. Coordinated program of research, education activities described in subsection ing Policy Act of 1977 (7 U.S.C. 3123) is extension, and education to im- (b) address a concern that— amended— prove viability of small and me- (1) is a priority, as determined under sec- (1) by redesignating subsections (d) dium size dairy and livestock tion 102(a); and through (g) as subsections (e) through (h), re- operations. (2) has national or multistate significance. spectively; and Sec. 238. Support for research regarding dis- (b) APPLICATION.—Subsection (a) applies (2) by inserting after subsection (c) the fol- eases of wheat and barley to— lowing: caused by Fusarium (1) research activities conducted by the Ag- ‘‘(d) NOTIFICATION OF ADVISORY BOARD AND graminearum. ricultural Research Service; and CONGRESS.—

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‘‘(1) ADVISORY BOARD.—The Secretary shall tural research or extension funds from the ‘‘(B) PLANNED EXPENDITURES ON provide a written response to the Advisory Secretary for an activity, each 1862 Institu- MULTISTATE ACTIVITIES.—For fiscal year 2000 Board regarding the implementation of any tion and 1890 Institution shall— and each subsequent fiscal year, a State written recommendations made by the Advi- (A) establish a process for merit review of shall expend for multistate activities a per- sory Board to the Secretary under sub- the activity; and centage of the Federal formula funds de- section (c). (B) review the activity in accordance with scribed in paragraph (1) for a fiscal year that ‘‘(2) CONGRESS.—The Secretary shall pro- the process. is at least equal to the lesser of— vide to the Committee on Agriculture of the (2) 1994 INSTITUTIONS.—Effective beginning ‘‘(i) 25 percent; or House of Representatives and the Committee October 1, 1998, to obtain agricultural exten- ‘‘(ii) twice the percentage for the State de- on Agriculture, Nutrition, and Forestry of sion funds from the Secretary for an activ- termined under subparagraph (A). the Senate a copy of the response of the Sec- ity, each 1994 Institution shall— ‘‘(C) REDUCTION BY SECRETARY.—The Sec- retary to an Advisory Board recommenda- (A) establish a process for merit review of retary may reduce the minimum percentage tion concerning the priority mission areas of the activity; and required to be allotted for multistate activi- the Initiative for Future Agriculture and (B) review the activity in accordance with ties under subparagraph (B) in a case of Food Systems established under section the process. hardship, infeasibility, or other similar cir- 301(c)(2)(B) of the Agricultural Research, Ex- (f) REPEAL OF PROVISIONS FOR WITHHOLDING cumstance beyond the control of the State, tension, and Education Reform Act of 1997.’’. FUNDS.— as determined by the Secretary. SEC. 103. RELEVANCE AND MERIT OF FEDERALLY (1) SMITH-LEVER ACT.—Section 6 of the ‘‘(D) PLAN OF WORK.—The State shall in- FUNDED AGRICULTURAL RE- Smith-Lever Act (7 U.S.C. 346) is repealed. clude in the plan of work of the State a de- SEARCH, EXTENSION, AND EDU- (2) HATCH ACT OF 1887.—Section 7 of the scription of the manner in which the State CATION. Hatch Act of 1887 (7 U.S.C. 361g) is amended will meet the requirements of this para- (a) REVIEW OF CSREES RESEARCH.—The by striking the last paragraph. graph. Secretary shall establish procedures that en- (3) NATIONAL AGRICULTURAL RESEARCH, EX- ‘‘(3) APPLICABILITY.—This subsection does sure— TENSION, AND TEACHING POLICY ACT OF 1977.— not apply to funds provided— (1) scientific peer review of each agricul- Section 1468 of the National Agricultural Re- ‘‘(A) by a State or local government pursu- tural research grant administered, on a com- search, Extension, and Teaching Policy Act ant to a matching requirement; petitive basis, by the Cooperative State Re- of 1977 (7 U.S.C. 3314) is repealed. ‘‘(B) to a 1994 Institution (as defined in sec- search, Education, and Extension Service; SEC. 104. RESEARCH FORMULA FUNDS FOR 1862 tion 532 of the Equity in Educational Land- and INSTITUTIONS. Grant Status Act of 1994 (Public Law 103–382; (2) merit review of each agricultural exten- (a) IN GENERAL.—Section 3 of the Hatch 7 U.S.C. 301 note)); or sion or education grant administered, on a Act of 1887 (7 U.S.C. 361c) is amended— ‘‘(C) to the Commonwealth of Puerto Rico, competitive basis, by the Cooperative State (1) in subsection (c), by striking paragraph the Virgin Islands, or Guam. Research, Education, and Extension Service. (3) and inserting the following: (b) ADVISORY BOARD REVIEW.—The Advi- ‘‘(3) Not less than 25 percent shall be allot- ‘‘(i) MERIT REVIEW.— sory Board shall review, on an annual basis, ted to the States for cooperative research ‘‘(1) IN GENERAL.—Effective beginning Oc- the relevance to the Secretary’s priorities employing multidisciplinary approaches in tober 1, 1998, extension activity carried out established under section 102(a), and ade- which a State agricultural experiment sta- under subsection (h) shall be subject to merit quacy, of the funding of all agricultural re- tion, working with another State agricul- review. search, extension, or education activities of tural experiment station, the Agricultural ‘‘(2) OTHER REQUIREMENTS.—An extension the Department. Research Service, a college, or a university, activity that is merit reviewed under para- (c) REQUESTS FOR PROPOSALS.— cooperates to solve problems that concern graph (1) shall be considered to have been re- (1) REVIEW RESULTS.—As soon as prac- more than 1 State. The funds available under viewed under section 103(e) of the Agricul- ticable after the initial review is conducted this paragraph, together with the funds tural Research, Extension, and Education under subsection (b) for a fiscal year, and available under subsection (b) for a similar Reform Act of 1997.’’. each fiscal year thereafter, the Secretary purpose, shall be designated as the SEC. 106. RESEARCH FACILITIES. shall consider the results of the annual re- ‘Multistate Research Fund, State Agricul- (a) CRITERIA FOR APPROVAL.—Section view when formulating each request for pro- tural Experiment Stations’. 3(c)(2)(C)(ii) of the Research Facilities Act (7 posals, and evaluating proposals, involving ‘‘(4) Research carried out under paragraph U.S.C. 390a(c)(2)(C)(ii)) is amended by strik- an agricultural research, extension, or edu- (3) shall be subject to scientific peer review. ing ‘‘regional needs’’ and inserting ‘‘national cation activity funded, on a competitive A project review under this paragraph shall or multistate needs’’. basis, by the Department. be considered to satisfy the merit review re- (2) STAKEHOLDER INPUT.—In formulating a quirements of section 103(e) of the Agricul- (b) NATIONAL OR MULTISTATE NEEDS request for proposals described in paragraph tural Research, Extension, and Education SERVED BY ARS FACILITIES.—Section 3 of the (1), the Secretary shall solicit and consider Reform Act of 1997.’’; and Research Facilities Act (7 U.S.C. 390a) is input from stakeholders on the prior year’s (2) in subsection (d), by striking ‘‘regional amended by adding at the end the following: request for proposals. research fund, State agricultural experiment ‘‘(e) NATIONAL OR MULTISTATE NEEDS (d) SCIENTIFIC PEER REVIEW OF ARS RE- stations,’’ and inserting ‘‘Multistate Re- SERVED BY ARS FACILITIES.—The Secretary SEARCH.— search Fund, State Agricultural Experiment shall ensure that each research activity con- (1) IN GENERAL.—The Secretary shall estab- Stations,’’. ducted by a facility of the Agricultural Re- lish procedures that ensure scientific peer (b) CONFORMING AMENDMENT.—Section 5 of review of research activities of the Agricul- search Service serves a national or the Hatch Act of 1887 (7 U.S.C. 361e) is multistate need.’’. tural Research Service. amended in the first sentence by striking (2) REQUIREMENTS.—The procedures shall ‘‘regional research fund’’ and inserting (c) 10-YEAR STRATEGIC PLAN.—Section 4(d) require that— ‘‘Multistate Research Fund, State Agricul- of the Research Facilities Act (7 U.S.C. (A) at least once every 5 years, a review tural Experiment Stations’’. 390b(d)) is amended by striking ‘‘regional’’ panel verify that a research activity referred SEC. 105. EXTENSION FORMULA FUNDS FOR 1862 and inserting ‘‘multistate’’. to in paragraph (1) and research conducted INSTITUTIONS. (d) COMPREHENSIVE RESEARCH CAPACITY.— by each scientist employed by the Agricul- Section 3 of the Smith-Lever Act (7 U.S.C. Section 4 of the Research Facilities Act (7 tural Research Service— 343) is amended by adding at the end the fol- U.S.C. 390b) is amended by adding at the end (i) has scientific merit and relevance to the lowing: the following: priorities established under section 102(a); ‘‘(h) MULTISTATE COOPERATIVE EXTENSION ‘‘(g) COMPREHENSIVE RESEARCH CAPACITY.— and ACTIVITIES.— After submission of the 10-year strategic (ii) has national or multistate significance, ‘‘(1) IN GENERAL.—Not less than the appli- as required under section 101(a)(2); cable percentage specified under paragraph plan required under subsection (d), the Sec- (B) a review panel comprised of individuals (2) of the amounts that are made available to retary shall continue to review periodically with scientific expertise, a majority of whom carry out subsections (b) and (c) during a fis- each operating agricultural research facility are not employees of the Agricultural Re- cal year shall be allotted to States for coop- constructed in whole or in part with Federal search Service; and erative extension activities in which 2 or funds, and each planned agricultural re- (C) the results of the panel reviews are more States cooperate to solve problems search facility proposed to be constructed in transmitted to— that concern more than 1 State (referred to whole or in part with Federal funds, pursu- (i) the Committee on Agriculture of the in this subsection as ‘multistate activities’). ant to criteria established by the Secretary, to ensure that a comprehensive research ca- House of Representatives; ‘‘(2) APPLICABLE PERCENTAGES.— pacity is maintained.’’. (ii) the Committee on Agriculture, Nutri- ‘‘(A) CURRENT EXPENDITURES ON tion, and Forestry of the Senate; and MULTISTATE ACTIVITIES.—The Secretary of (e) PRIORITY RESEARCH.—The Competitive, (iii) the Advisory Board. Agriculture shall determine the percentage Special, and Facilities Research Grant Act (7 (e) MERIT REVIEW.— of Federal formula funds described in para- U.S.C. 450i) is amended in subsection (b)(2) (1) 1862 AND 1890 INSTITUTIONS.—Effective be- graph (1) that each State expended for fiscal by striking ‘‘regional’’ and inserting ginning October 1, 1998, to obtain agricul- year 1997 for multistate activities. ‘‘multistate’’.

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11379 TITLE II—OTHER REFORMS OF AGRICUL- (vi) in paragraph (7), by striking ‘‘research ‘‘(A) section 793 of the Federal Agriculture TURAL RESEARCH, EXTENSION, AND and extension’’ and inserting ‘‘research, ex- Improvement and Reform Act of 1996 (7 EDUCATION tension, and teaching’’; and U.S.C. 2204f); or Subtitle A—Amendments to National Agricul- (vii) in paragraph (8), by striking ‘‘research ‘‘(B) section 301 of the Agricultural Re- tural Research, Extension, and Teaching capabilities’’ and inserting ‘‘research, exten- search, Extension, and Education Reform Policy Act of 1977 sion, and teaching capabilities’’; and Act of 1997.’’. (C) in subsection (b), by striking ‘‘counter- (b) ADMINISTRATIVE COSTS.—Section 1469 of SEC. 201. ADVISORY BOARD. the National Agricultural Research, Exten- Section 1408(b) of the National Agricul- part agencies’’ and inserting ‘‘counterpart sion, and Teaching Policy Act of 1977 (7 tural Research, Extension, and Teaching research, extension, and teaching agencies’’. ONFORMING AMENDMENT.—The subtitle U.S.C. 3315) is amended— Policy Act of 1977 (7 U.S.C. 3123(b)) is amend- (2) C heading of subtitle I of title XIV of the Na- (1) by striking the section heading and all ed by adding at the end the following: tional Agricultural Research, Extension, and that follows through ‘‘Except as’’ and insert- ‘‘(7) EQUAL REPRESENTATION OF PUBLIC AND Teaching Policy Act of 1977 (7 U.S.C. 3291 et ing the following: PRIVATE SECTOR MEMBERS.—In appointing members to serve on the Advisory Board, the seq.) is amended by striking ‘‘Research and ‘‘SEC. 1469. AUDITING, REPORTING, BOOK- Secretary shall ensure, to the maximum ex- Extension’’ and inserting ‘‘Research, Exten- KEEPING, AND ADMINISTRATIVE RE- QUIREMENTS. tent practicable, equal representation of sion, and Teaching’’. ‘‘(a) IN GENERAL.—Except as’’; public and private sector members.’’. (b) GRANTS FOR COLLABORATIVE PROJECTS.—Section 1458(a) of the National (2) by striking paragraph (3) and inserting SEC. 202. GRANTS AND FELLOWSHIPS FOR FOOD the following: AND AGRICULTURAL SCIENCES EDU- Agricultural Research, Extension, and CATION. Teaching Policy Act of 1977 (7 U.S.C. 3291(a)) ‘‘(3) the Secretary may retain up to 4 per- Section 1417 of the National Agricultural is amended— cent of amounts appropriated for agricul- Research, Extension, and Teaching Policy (1) in paragraph (7), by striking ‘‘and’’ at tural research, extension, and teaching as- Act of 1977 (7 U.S.C. 3152) is amended— the end; sistance programs for the administration of (1) by redesignating subsections (c), (d), (e), (2) in paragraph (8), by striking the period those programs authorized under this or any (f), (g), (h), (i), and (j) as subsections (d), (f), at the end and inserting ‘‘; and’’; and other Act; and’’; and (g), (h), (i), (j), (k), and (l), respectively; (3) by adding at the end the following: (3) by adding at the end the following: (2) by inserting after subsection (b) the fol- ‘‘(9) make competitive grants for collabo- ‘‘(b) COMMUNITY FOOD PROJECTS.—The Sec- lowing: rative projects that— retary may retain, for the administration of ‘‘(c) PRIORITIES.—In awarding grants under ‘‘(A) involve Federal scientists or sci- community food projects under section 25 of subsection (b), the Secretary shall give pri- entists from land-grant colleges and univer- the Food Stamp Act of 1977 (7 U.S.C. 2034), 4 ority to— sities or other colleges and universities with percent of amounts available for the ‘‘(1) applications for teaching enhancement scientists at international agricultural re- projects, notwithstanding the availability of projects that demonstrate enhanced coordi- search centers in other nations, including any appropriation for administrative ex- nation among all types of institutions eligi- the international agricultural research cen- penses of the projects.’’. ble for funding under this section; and ters of the Consultative Group on Inter- SEC. 206. EXPANSION OF AUTHORITY TO ENTER ‘‘(2) applications for teaching enhancement national Agriculture Research; INTO COST-REIMBURSABLE AGREE- projects that focus on innovative, multi- ‘‘(B) focus on developing and using new MENTS. disciplinary education programs, material, technologies and programs for— Section 1473A of the National Agricultural and curricula.’’; and ‘‘(i) increasing the production of food and Research, Extension, and Teaching Policy (3) by inserting after subsection (d) (as re- fiber, while safeguarding the environment Act of 1977 (7 U.S.C. 3319a) is amended in the designated by paragraph (1)) the following: worldwide and enhancing the global competi- first sentence by inserting ‘‘or other colleges ‘‘(e) FOOD AND AGRICULTURAL EDUCATION tiveness of United States agriculture; or and universities’’ after ‘‘institutions’’. INFORMATION SYSTEM.—From amounts made ‘‘(ii) training scientists; Subtitle B—Amendments to Food, Agri- available for grants authorized under this ‘‘(C) are mutually beneficial to the United culture, Conservation, and Trade Act of section, the Secretary may maintain a na- States and other countries; and 1990 tional food and agricultural education infor- ‘‘(D) encourage private sector involvement SEC. 211. NATIONAL AGRICULTURAL WEATHER mation system that contains information on and the leveraging of private sector funds.’’. INFORMATION SYSTEM. enrollment, degrees awarded, faculty, and (c) REPORTS.—Section 1458 of the National Title XVI of the Food, Agriculture, Con- employment placement in the food and agri- Agricultural Research, Extension, and servation, and Trade Act of 1990 is amended cultural sciences and such other information Teaching Policy Act of 1977 (7 U.S.C. 3291) is by striking subtitle D (7 U.S.C. 5851 et seq.) as the Secretary considers appropriate.’’. amended by adding at the end the following: and inserting the following: SEC. 203. POLICY RESEARCH CENTERS. ‘‘(d) REPORTS.—The Secretary shall provide ‘‘Subtitle D—National Agricultural Weather Section 1419A(a) of the National Agricul- biennial reports to the Committee on Agri- Information System tural Research, Extension, and Teaching culture of the House of Representatives and Policy Act of 1977 (7 U.S.C. 3155(a)) is amend- the Committee on Agriculture, Nutrition, ‘‘SEC. 1637. SHORT TITLE; PURPOSES. ed by inserting ‘‘and trade agreements’’ after and Forestry of the Senate on efforts of the ‘‘(a) SHORT TITLE.—This subtitle may be ‘‘public policies’’. Federal Government to— cited as the ‘National Agricultural Weather Information System Act of 1997’. SEC. 204. INTERNATIONAL AGRICULTURAL RE- ‘‘(1) coordinate international agricultural SEARCH, EXTENSION, AND TEACH- research within the Federal Government; ‘‘(b) PURPOSES.—The purposes of this sub- ING. and title are— (a) TEACHING.— ‘‘(2) more effectively link the activities of ‘‘(1) to facilitate the management and co- (1) IN GENERAL.—Section 1458 of the Na- domestic and international agricultural re- ordination of a national agricultural weather tional Agricultural Research, Extension, and searchers, particularly researchers of the Ag- and climate station network for Federal and Teaching Policy Act of 1977 (7 U.S.C. 3291) is ricultural Research Service.’’. State agencies, colleges and universities, and the private sector; amended— SEC. 205. GENERAL ADMINISTRATIVE COSTS. (A) in the section heading, by striking ‘‘(2) to ensure that timely and accurate in- (a) IN GENERAL.—Subtitle K of the Na- ‘‘RESEARCH AND EXTENSION’’ and insert- formation is obtained and disseminated; and tional Agricultural Research, Extension, and ing ‘‘RESEARCH, EXTENSION, AND TEACH- ‘‘(3) to aid research and education that re- Teaching Policy Act of 1977 is amended by ING’’; quires a comprehensive agricultural weather inserting before section 1463 (7 U.S.C. 3311) (B) in subsection (a)— and climate database. the following: (i) in paragraph (1)— ‘‘SEC. 1638. AGRICULTURAL WEATHER SYSTEM. (I) by striking ‘‘related research and exten- ‘‘SEC. 1461. GENERAL ADMINISTRATIVE COSTS. ‘‘(a) ESTABLISHMENT.—The Secretary of sion’’ and inserting ‘‘related research, exten- ‘‘(a) IN GENERAL.—Except as otherwise pro- Agriculture may establish the National Agri- sion, and teaching’’; and vided in law, indirect costs charged against a cultural Weather Information System (re- (II) in subparagraph (B), by striking ‘‘re- grant described in subsection (b) shall not ferred to in this subtitle as the ‘System’). search and extension on’’ and inserting ‘‘re- exceed 25 percent of the total Federal funds The System shall be comprised of the oper- search, extension, and teaching initiatives provided under the grant award, as deter- ational and research activities of the Fed- addressing’’; mined by the Secretary. eral, State, and regional agricultural weath- (ii) in paragraph (2), by striking ‘‘edu- ‘‘(b) APPLICABILITY.—Subsection (a) shall er information systems. cation’’ and inserting ‘‘teaching’’; apply to— ‘‘(b) AUTHORITY.—Notwithstanding chapter (iii) in paragraph (4), by striking ‘‘sci- ‘‘(1) a competitive research grant made 63 of title 31, United States Code, to carry entists and experts’’ and inserting ‘‘science under subsection (b) of the Competitive, Spe- out this subtitle, the Secretary may— and education experts’’; cial, and Facilities Research Grant Act (7 ‘‘(1) enter into contracts, grants, coopera- (iv) in paragraph (5), by inserting ‘‘teach- U.S.C. 450i(b)); and tive agreements and interagency agreements ing,’’ after ‘‘development,’’; ‘‘(2) except as otherwise provided in law, a without regard to competitive requirements, (v) in paragraph (6), by striking ‘‘edu- competitive research, extension, or edu- except as otherwise provided in this subtitle, cation’’ and inserting ‘‘teaching’’; cation grant made under— with other Federal and State agencies to—

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11380 CONGRESSIONAL RECORD — SENATE October 29, 1997 ‘‘(A) support operational weather and cli- ‘‘SEC. 1640. AUTHORIZATION OF APPROPRIA- ‘‘(2) ensure that current gaps in existing mate data observations, analysis, and de- TIONS. agricultural genetics knowledge are filled; rived products; ‘‘There is authorized to be appropriated to ‘‘(3) identify and develop a functional un- ‘‘(B) preserve historical data records for re- carry out this subtitle $15,000,000 for each of derstanding of genes responsible for eco- search studies useful in agriculture; fiscal years 1998 through 2002.’’. nomically important traits in plants, ani- ‘‘(C) jointly develop improved computer SEC. 212. NATIONAL FOOD GENOME STRATEGY. mals, and microbes of importance to agri- models and computing capacity for storage, Section 1671 of the Food, Agriculture, Con- culture; retrieval, dissemination and analysis of agri- servation, and Trade Act of 1990 (7 U.S.C. ‘‘(4) ensure future genetic improvement of cultural weather and climate information; 5924) is amended to read as follows: agriculturally important species; ‘‘(D) enhance the quality and availability ‘‘SEC. 1671. NATIONAL FOOD GENOME STRATEGY. ‘‘(5) support preservation of diverse of weather and climate information needed ‘‘(a) PURPOSES.—The purposes of this sec- germplasm; by the private sector for value-added prod- tion are— ‘‘(6) ensure preservation of biodiversity to ucts and agriculturalists for decisionmaking; ‘‘(1) to expand the knowledge of public and maintain access to genes that may be of im- and private sector entities and persons con- portance in the future; and ‘‘(E) sponsor joint programs to train pri- cerning genomes for species of importance to ‘‘(7) otherwise carry out the purposes of vate sector meteorologists and the food and agriculture sectors in order to this section. agriculturalists about the optimum use of maximize the return on the investment in ‘‘(c) CONTRACTS, GRANTS, AND COOPERATIVE agricultural weather and climate data; plant, animal, and microbial genomics; AGREEMENTS.— ‘‘(2) obtain standardized weather observa- ‘‘(2) to focus on the species that will yield ‘‘(1) IN GENERAL.—The Secretary may enter tion data collected in near real time through early, scientifically important results that into or make contracts, grants, or coopera- regional and State agricultural weather in- will enhance the usefulness of many plant, tive agreements with individuals and organi- formation systems; animal, and microbial species; zations in accordance with section 1472 of the ‘‘(3) coordinate the activities of the Chief ‘‘(3) to build on genomic research, such as National Agricultural Research, Extension, Meteorologist of the Department of Agri- the Human Genome Initiative and the and Teaching Policy Act of 1977 (7 U.S.C. culture and weather and climate research ac- Arabidopsis Genome Project, to understand 3318). gene structure and function that is expected tivities of the Department of Agriculture ‘‘(2) COMPETITIVE BASIS.—A grant under to have considerable payoffs in crop species with other Federal agencies and the private this subsection shall be made on a competi- ranging from corn to soybean to cotton and sector; tive basis. animal species ranging from cattle to swine ‘‘(d) ADMINISTRATION.— ‘‘(4) make grants to plan and administer to poultry; ‘‘(1) REGULATIONS.—The Secretary shall State and regional agricultural weather in- ‘‘(4) to develop improved bioinformatics to promulgate such regulations as are nec- formation systems, including research in at- enhance both sequence or structure deter- essary to carry out this section. mospheric sciences and climatology; mination and analysis of the biological func- ‘‘(2) CONSULTATION WITH THE NATIONAL ‘‘(5) encourage private sector participation tion of genes and gene products; ACADEMY OF SCIENCES.—The Secretary may in the System through cooperation with the ‘‘(5) to develop, within the National Food use funds made available under this section private sector, including cooperation in the Genome Strategy required under subsection to consult with the National Academy of generation of weather and climate data use- (b) for agriculturally important plants, ani- Sciences regarding the administration of the ful for site-specific agricultural weather mals, and microbes, a Plant Genome Initia- National Food Genome Strategy. forecasting; and tive under which— ‘‘(3) INDIRECT COSTS.—Indirect costs under ‘‘(6) make competitive grants to carry out ‘‘(A) the Plant Genome Initiative will be this section shall be allowable at the rate in- research in all aspects of atmospheric an interagency activity conducted with— direct costs are allowable for contracts, sciences and climatology regarding the col- ‘‘(i) as the lead Federal agency— grants, or cooperative agreements entered lection, retention, and dissemination of agri- ‘‘(I) the Department of Agriculture; or into or made by the National Science Foun- cultural weather and climate observations ‘‘(II) if funding provided for the Plant Ge- dation for genomic research.’’. and information with priority given to pro- nome Initiative through the Department of posals that emphasize— SEC. 213. IMPORTED FIRE ANT CONTROL, MAN- Agriculture is substantially less than fund- AGEMENT, AND ERADICATION. ‘‘(A) techniques and processes that relate ing provided for the Initiative through an- Section 1672 of the Food, Agriculture, Con- to— other Federal agency, the other Federal servation, and Trade Act of 1990 (7 U.S.C. ‘‘(i) weather- or climate-induced agricul- agency, as determined by the President; and 5925) is amended— tural losses; and ‘‘(ii) the National Science Foundation and (1) by striking subsections (a), (d), (e), and ‘‘(ii) improvement of information on the Department of Energy as participants; (f); weather and climate extremes (such as and (2) by redesignating subsections (b), (c), drought, floods, freeze, and storms) well in ‘‘(B) the National Institutes of Health will and (g) as subsections (a), (b), and (c), respec- advance of their occurrence; continue to invest in the underlying critical tively; and ‘‘(B) the improvement of site-specific technologies through its Human Genome Ini- (3) by adding at the end the following: weather data collection and forecasting; tiative and other genetics research; ‘‘(d) IMPORTED FIRE ANT CONTROL, MANAGE- ‘‘(C) the impact of weather on economic ‘‘(6) to establish, within the National Food MENT, AND ERADICATION.— and environmental costs in agricultural pro- Genome Strategy, an Animal Genome Initia- ‘‘(1) NATIONAL ADVISORY AND IMPLEMENTA- duction; or tive— TION BOARD ON IMPORTED FIRE ANT CONTROL, ‘‘(D) the preservation and management of ‘‘(A) to address the obstacles limiting the MANAGEMENT, AND ERADICATION.— the ecosystem. development and implementation of gene- ‘‘(A) ESTABLISHMENT.—The Secretary of ‘‘SEC. 1639. FUNDING AND ADMINISTRATION. based approaches for animal improvement, Agriculture may establish a National Advi- sory and Implementation Board on Imported ‘‘(a) NATIONAL OCEANIC AND ATMOSPHERIC such as high-resolution genomic maps; and ‘‘(B) to take advantage of complementary Fire Ant Control, Management, and Eradi- ADMINISTRATION WORK.—Not more than 2⁄3 of cation (referred to in this subsection as the the funds made available for a fiscal year to work of the Human Genome Initiative, the ‘Board’). carry out this subtitle shall be used for work Agricultural Research Service, and State ag- ‘‘(B) MEMBERSHIP.—The Board shall consist with the National Oceanic and Atmospheric ricultural experiment stations; of 12 members who are experts in ento- Administration. ‘‘(7) to encourage Federal Government par- ticipants to maximize the utility of public mology, ant ecology, wildlife biology, elec- ‘‘(b) ADMINISTRATIVE COSTS.—The Sec- and private partnerships for food genome re- trical engineering, economics, or agri- retary of Agriculture may retain for admin- search; business and who are appointed by the Sec- istration of the System up to 4 percent of the ‘‘(8) to allow resources developed under retary from academia, research institutes, amounts made available to carry out this this section, including data, software, and the private sector. subtitle, notwithstanding the availability of germplasm, and other biological materials, ‘‘(C) COMPENSATION.— any appropriation for administrative ex- to be openly accessible to all persons, subject ‘‘(i) IN GENERAL.—A member of the Board penses to carry out this subtitle. to any confidentiality requirements imposed shall not receive any compensation by rea- ‘‘(c) LIMITATIONS.— by law; and son of service on the Board. ‘‘(1) BUILDINGS OR FACILITIES.—Funds made ‘‘(9) to encourage international partner- ‘‘(ii) EXPENSES.—A member of the Board available to carry out this subtitle shall not ships with each partner country responsible shall be reimbursed for travel, subsistence, be used for the planning, repair, rehabilita- for financing its own strategy for food ge- and other necessary expenses incurred by the tion, acquisition, or construction of a build- nome research. member in the performance of a duty of the ing or facility. ‘‘(b) DUTIES OF SECRETARY.—The Secretary member. ‘‘(2) EQUIPMENT PURCHASES.—Of funds made of Agriculture (referred to in this section as ‘‘(D) TERMINATION.—The Board shall termi- available under a grant award under this the ‘Secretary’) shall develop and carry out nate 60 days after the date on which the na- subtitle, a grantee may use for equipment a National Food Genome Strategy to— tional plan is submitted to the Board under purchases not more than the lesser of— ‘‘(1) study and map agriculturally signifi- paragraph (4)(B). ‘‘(A) $15,000; or cant genes to achieve sustainable and secure ‘‘(2) INITIAL GRANTS.— ‘‘(B) 1⁄3 of the amount of the grant award. agricultural production; ‘‘(A) REQUEST FOR PROPOSALS.—

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‘‘(i) IN GENERAL.—The Secretary shall pub- ‘‘(C) REPORT TO CONGRESS.—Not later than ‘‘(B) as determined by the agency or asso- lish a request for proposals for grants for re- 60 days after the plan is submitted to the ciation, making progress toward the accredi- search or demonstration projects related to Board under subparagraph (B), the Secretary tation.’’. the control, management, and possible eradi- shall submit to Congress the national plan SEC. 222. COOPERATIVE AGRICULTURAL EXTEN- cation of imported fire ants. for the control, management, and possible SION WORK BY 1862, 1890, AND 1994 ‘‘(ii) INPUT FROM BOARD.—In developing a eradication of imported fire ants. INSTITUTIONS. request for proposals under clause (i), the ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— Section 3(b)(3) of the Smith-Lever Act (7 Secretary shall solicit and consider input There are authorized to be appropriated such U.S.C. 343(b)(3)) is amended in the last sen- from the Board. sums as are necessary to carry out this sub- tence by striking ‘‘State institutions’’ and all that follows through the period at the ‘‘(B) SELECTION.—Not later than 1 year section for each of fiscal years 1998 through end and inserting ‘‘1994 Institutions (in ac- after the date of publication of the request 2002.’’. cordance with regulations that the Secretary for proposals, the Secretary shall evaluate SEC. 214. AGRICULTURAL TELECOMMUNI- may promulgate) and may be administered CATIONS PROGRAM. and select meritorious research or dem- by the Institutions through cooperative onstration projects related to the control, Section 1673 of the Food, Agriculture, Con- agreements with colleges and universities el- management, and possible eradication of im- servation, and Trade Act of 1990 (7 U.S.C. igible to receive funds under the Act of July ported fire ants. 5926) is amended— 2, 1862 (12 Stat. 503, chapter 130; 7 U.S.C. 301 ‘‘(C) GRANTS.—The Secretary may award a (1) in subsection (c)— et seq.), or the Act of August 30, 1890 (26 total of $6,000,000 for each fiscal year in (A) by redesignating paragraphs (1) Stat. 419, chapter 841; 7 U.S.C. 321 et seq.), in- grants to colleges, universities, research in- through (5) as paragraphs (2) through (6), re- cluding Tuskegee University, located in any stitutes, Federal laboratories, or private en- spectively; State.’’. tities selected under subparagraph (B), for a (B) by inserting before paragraph (2) (as so SEC. 223. ELIGIBILITY OF CERTAIN COLLEGES term of not to exceed 5 years, for the purpose redesignated) the following: AND UNIVERSITIES FOR EXTENSION of conducting research or demonstration ‘‘(1) A*DEC.—The term ‘A*DEC’ means the FUNDING. projects related to the control, management, distance education consortium known as (a) IN GENERAL.—Section 3 of the Smith- and possible eradication of imported fire A*DEC.’’; and Lever Act (7 U.S.C. 343) is amended by strik- ants. Each project shall be completed not (C) by adding at the end the following: ing subsection (d) and inserting the fol- later than the end of the term of the grant. ‘‘(7) SECRETARY.—The term ‘Secretary’ lowing: ‘‘(3) SUBSEQUENT GRANTS.— means the Secretary of Agriculture, acting ‘‘(d) FUNDING OF EXTENSION ACTIVITIES.— ‘‘(A) EVALUATION; SELECTION.—If the Sec- through A*DEC.’’; ‘‘(1) IN GENERAL.—The Secretary shall re- retary awards grants under paragraph (2)(C), (2) in subsection (d)(1), by striking ‘‘The ceive such amounts as Congress shall deter- the Secretary shall— Secretary shall establish a program, to be mine for administrative, technical, and ‘‘(i) evaluate all of the research or dem- administered by the Assistant Secretary for other services and for coordinating the ex- onstration projects conducted under para- Science and Education,’’ and inserting ‘‘The tension work of the Department and the sev- graph (2)(C) for their use as the basis of a na- Secretary of Agriculture shall establish a eral States, territories, and possessions of tional plan for the control, management, and program, to be administered through a grant the United States. possible eradication of imported fire ants by provided to A*DEC under terms and condi- ‘‘(2) ELIGIBILITY OF CERTAIN COLLEGES AND the Federal Government, State and local tions established by the Secretary of Agri- UNIVERSITIES FOR EXTENSION FUNDING.— governments, and owners and operators of culture,’’; and ‘‘(A) COMPETITIVE AWARDS.—Colleges and land; and (3) in the first sentence of subsection (f)(2), universities (as defined in section 1404 of the ‘‘(ii) on the basis of the evaluation, select by striking ‘‘the Assistant Secretary for National Agricultural Research, Extension, the projects the Secretary considers most Science and Education’’ and inserting and Teaching Policy Act of 1977 (7 U.S.C. promising for additional research or dem- ‘‘A*DEC’’. 3103)), including a foundation established by the colleges or universities, shall be eligible onstration related to the control, manage- SEC. 215. ASSISTIVE TECHNOLOGY PROGRAM for extension funding awarded under para- ment, and possible eradication of imported FOR FARMERS WITH DISABILITIES. graph (1) on a competitive basis. fire ants and notify the Board of the selec- Section 1680 of the Food, Agriculture, Con- ‘‘(B) NONCOMPETITIVE AWARDS.— tion. servation, and Trade Act of 1990 (7 U.S.C. ‘‘(i) IN GENERAL.—An entity described in ‘‘(B) GRANTS.—The Secretary may award a 5933) is amended— clause (ii) shall be eligible for extension grant of up to $4,000,000 for each fiscal year (1) in subsection (a), by striking paragraph funding awarded under paragraph (1) on a to each of the colleges, universities, research (6); noncompetitive basis. institutes, Federal laboratories, or private (2) in subsection (b)— ‘‘(ii) APPLICABILITY.—Clause (i) shall apply entities selected under subparagraph (A)(ii) (A) in striking ‘‘DISSEMINATION.—’’ and all to— for the purpose of conducting research or that follows through ‘‘GENERAL.—The’’ and ‘‘(I) a college or university eligible to re- demonstration projects for the preparation inserting ‘‘DISSEMINATION.—The’’; and ceive funds under the Act of July 2, 1862 (12 of a national plan for the control, manage- (B) by striking paragraph (2); and Stat. 503, chapter 130; 7 U.S.C. 301 et seq.); ment, and possible eradication of imported (3) by adding at the end the following: ‘‘(II) a college or university eligible to re- fire ants. Each project shall be completed ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— ceive funds under the Act of August 30, 1890 not later than 2 years after the grant is ‘‘(1) IN GENERAL.—Subject to paragraph (2), (26 Stat. 419, chapter 841; 7 U.S.C. 321 et seq.), made. there is authorized to be appropriated to including Tuskegee University; ‘‘(4) NATIONAL PLAN.— carry out this section $6,000,000 for each of ‘‘(III) a 1994 Institution (as defined in sec- ‘‘(A) EVALUATION; SELECTION.—If the Sec- fiscal years 1998 through 2002. tion 532 of the Equity in Educational Land- retary awards grants under paragraph (3)(B), ‘‘(2) NATIONAL GRANT.—Not more than 15 Grant Status Act of 1994 (Public Law 103–382; the Secretary shall— percent of the amounts made available under 7 U.S.C. 301 note)); and ‘‘(i) evaluate all of the research or dem- paragraph (1) for a fiscal year shall be used ‘‘(IV) a foundation established by a college, onstration projects conducted under para- to carry out subsection (b).’’. university, or Institution described in this graph (3)(B) for their use as the basis of a na- Subtitle C—Amendments to Other Laws clause. tional plan for the control, management, and ‘‘(3) MEMORANDA OF UNDERSTANDING, COOP- SEC. 221. 1994 INSTITUTIONS. possible eradication of imported fire ants by ERATIVE AGREEMENTS, AND REIMBURSABLE the Federal Government, State and local (a) DEFINITION.—Section 532 of the Equity AGREEMENTS.—To maximize the use of Fed- governments, and owners and operators of in Educational Land-Grant Status Act of eral resources, the Secretary of Agriculture land; and 1994 (Public Law 103–382; 7 U.S.C. 301 note) is shall, to the maximum extent practicable, ‘‘(ii) on the basis of the evaluation, select amended by adding at the end the following: enter into memoranda of understanding, co- 1 project funded under paragraph (3)(B), or a ‘‘(30) Little Priest Tribal College.’’. operative agreements, or reimbursable combination of grant projects, as the basis (b) ACCREDITATION.—Section 533(a) of the agreements with other Federal agencies for the plan and notify the Board of the se- Equity in Educational Land-Grant Status under which the agencies provide funds, fa- lection. Act of 1994 (Public Law 103–382; 7 U.S.C. 301 cilities, and other resources of the agencies ‘‘(B) GRANT.—The Secretary may award a note) is amended by adding at the end the to the Department of Agriculture to assist grant of up to $5,000,000 to the sponsor or following: the Department in carrying out extension sponsors of the grant project selected under ‘‘(3) ACCREDITATION.—To receive funding work.’’. subparagraph (A)(ii) for the purpose of the under sections 534 and 535, a 1994 Institution (b) CONFORMING AMENDMENTS.—Section 3 of final preparation of the national plan for the shall certify to the Secretary that the Insti- the Smith-Lever Act (7 U.S.C. 343) is amend- control, management, and possible eradi- tution is— ed— cation of imported fire ants that is based on ‘‘(A) accredited by a nationally recognized (1) in subsections (b)(1) and (c), by striking the project. If the Secretary awards a grant accrediting agency or association deter- ‘‘Federal Extension Service’’ each place it under this subparagraph, the national plan mined by the Secretary, in consultation with appears and inserting ‘‘Secretary of Agri- shall be completed, and submitted to the the Secretary of Education, to be a reliable culture’’; and Board, not later than 1 year after the grant authority as to the quality of training of- (2) in subsection (g)(1), by striking is made. fered; or ‘‘through the Federal Extension Service’’.

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SEC. 224. INTEGRATION OF RESEARCH AND EX- (1) IN GENERAL.—The Competitive, Special, ‘‘(6) SET ASIDE FOR ADMINISTRATIVE TENSION. and Facilities Research Grant Act (7 U.S.C. COSTS.—Of the amounts made available for a (a) IN GENERAL.—Section 3 of the Hatch 450i) is amended by striking subsection (c) fiscal year to carry out this subsection, not Act of 1887 (7 U.S.C. 361c) is amended by add- and inserting the following: more than 4 percent of the amounts may be ing at the end the following: ‘‘(c) SPECIAL GRANTS.— retained by the Secretary to pay administra- ‘‘(h) INTEGRATION OF RESEARCH AND EXTEN- ‘‘(1) IN GENERAL.—The Secretary of Agri- tive costs incurred by the Secretary to carry SION.— culture may make grants, for periods not to out this subsection.’’. ‘‘(1) IN GENERAL.—Not less than the appli- exceed 3 years, to colleges, universities, (2) EFFECTIVE DATE.—The amendment cable percentage specified under paragraph other research institutions and organiza- made by paragraph (1) takes effect on Octo- (2) of the Federal formula funds that are tions, Federal agencies, private organiza- ber 1, 1998. made available to carry out this Act and tions or corporations, and individuals for the SEC. 226. FUND FOR RURAL AMERICA. subsections (b) and (c) of section 3 of the purpose of conducting research to address— Section 793(b) of the Federal Agriculture Smith-Lever Act (7 U.S.C. 343), to colleges ‘‘(A) agricultural research needs of imme- Improvement and Reform Act of 1996 (7 and universities eligible to receive funds diate importance, by themselves or in con- U.S.C. 2204f(b)) is amended— under the Act of July 2, 1862 (12 Stat. 503, junction with extension or education; or (1) in paragraph (1), by striking ‘‘January chapter 130; 7 U.S.C. 301 et seq.), during a fis- ‘‘(B) new or emerging areas of agricultural 1, 1997, October 1, 1998, and October 1, 1999’’ cal year shall be allotted to activities that research, by themselves or in conjunction and inserting ‘‘October 1, 1997, and each Oc- integrate cooperative research and extension with extension or education. tober 1 thereafter through October 1, 2001’’; (referred to in this subsection as ‘integrated ‘‘(2) LIMITATIONS.—The Secretary may not and activities’). make a grant under this subsection— (2) by striking paragraph (3) and inserting ‘‘(2) APPLICABLE PERCENTAGES.— ‘‘(A) for any purpose for which a grant may the following: ‘‘(A) CURRENT EXPENDITURES ON INTE- be made under subsection (d); or ‘‘(3) PURPOSES.—Subject to subsection (d), GRATED ACTIVITIES.—The Secretary of Agri- ‘‘(B) for the planning, repair, rehabilita- of the amounts transferred to the Account culture shall determine the percentage of the tion, acquisition, or construction of a build- for a fiscal year, the Secretary shall make Federal formula funds described in para- ing or facility. available— graph (1) that each State expended for fiscal ‘‘(3) REVIEW REQUIREMENTS.— ‘‘(A) for activities described in subsection year 1997 for integrated activities. ‘‘(A) RESEARCH ACTIVITIES.—The Secretary (c)(1), not less than 50 percent, and not more ‘‘(B) PLANNED EXPENDITURES ON INTE- shall make a grant under this subsection for than 67 percent, of the funds in the Account; GRATED ACTIVITIES.—For fiscal year 2000 and a research activity only if— and each subsequent fiscal year, a State shall ex- ‘‘(i) the activity has undergone scientific ‘‘(B) for activities described in subsection pend for integrated activities a percentage of peer review arranged by the grantee in ac- (c)(2), all funds in the Account not made the Federal formula funds described in para- cordance with regulations promulgated by available under subparagraph (A).’’. graph (1) for a fiscal year that is at least the Secretary; and SEC. 227. HONEY RESEARCH, PROMOTION, AND equal to the lesser of— ‘‘(ii) except in the case of a grant awarded CONSUMER INFORMATION. ‘‘(i) 25 percent; or competitively under this subsection, the (a) FINDINGS AND PURPOSES.—Section 2 of ‘‘(ii) twice the percentage for the State de- grantee provides to the Secretary a proposed the Honey Research, Promotion, and Con- termined under subparagraph (A). plan for graduation from noncompetitive sumer Information Act (7 U.S.C. 4601) is ‘‘(C) REDUCTION BY SECRETARY.—The Sec- Federal funding for grants under this sub- amended— retary may reduce the minimum percentage section. (1) by striking the section heading and required to be allotted for integrated activi- ‘‘(B) EXTENSION AND EDUCATION ACTIVI- ‘‘SEC. 2. The Congress’’ and inserting the fol- ties under subparagraph (B) in a case of TIES.—The Secretary shall make a grant lowing: hardship, infeasibility, or other similar cir- under this subsection for an extension or ‘‘SEC. 2. FINDINGS AND PURPOSES. cumstance beyond the control of the State, education activity only if— ‘‘(a) FINDINGS.—Congress’’; and as determined by the Secretary. ‘‘(i) the activity has undergone merit re- (2) in subsection (a) (as designated by para- ‘‘(D) COMPLIANCE.—The State shall provide view arranged by the grantee in accordance graph (1)), by adding at the end the fol- to the Secretary a description of the manner with regulations promulgated by the Sec- lowing: in which the State will meet the require- retary; and ‘‘(8) Research directed at improving the ments of this paragraph. ‘‘(ii) except in the case of a grant awarded cost-effectiveness and efficiency of bee- ‘‘(3) APPLICABILITY.—This subsection does competitively under this subsection, the keeping and developing better means of deal- not apply to funds provided— grantee provides to the Secretary a proposed ing with pest and disease problems is essen- ‘‘(A) by a State or local government pursu- plan for graduation from noncompetitive tial to keeping honey and honey product ant to a matching requirement; Federal funding for grants under this sub- prices competitive, facilitating market ‘‘(B) to a 1994 Institution (as defined in sec- section. growth, and maintaining the financial well- tion 532 of the Equity in Educational Land- ‘‘(4) PARTNERSHIPS.— being of the honey industry. Grant Status Act of 1994 (Public Law 103–382; ‘‘(A) IMMEDIATE NEEDS.—Except in the case ‘‘(9) Research involving the quality, safety, 7 U.S.C. 301 note)); or of a grant awarded competitively under this and image of honey and honey products, and ‘‘(C) to the Commonwealth of Puerto Rico, subsection, to receive a grant under para- how that quality, safety, and image may be the Virgin Islands, or Guam. graph (1)(A), a recipient of a grant shall affected during the extraction, processing, enter into a partnership to carry out the ‘‘(4) OTHER REQUIREMENTS.—Funds that are packaging, marketing, and other stages of used in accordance with paragraph (2)(B) grant with another entity referred to in the honey and honey product production and may also be used to satisfy the requirements paragraph (1). distribution process, is highly important to of subsection (c)(3) and the requirements of ‘‘(B) NEW AND EMERGING AREAS.—Except in building and maintaining markets for honey section 3(h) of the Smith-Lever Act (7 U.S.C. the case of a grant awarded competitively and honey products.’’. 343(h)).’’. under this subsection, after a recipient has (b) RESEARCH PROJECTS.—Section 7(f) of (b) CONFORMING AMENDMENT.—Section 3 of received a grant under paragraph (1)(B) for 3 the Honey Research, Promotion, and Con- the Smith-Lever Act (7 U.S.C. 343) (as consecutive years, to receive such a grant for sumer Information Act (7 U.S.C. 4606(f)) is amended by section 105(2)) is amended by an additional year, the recipient shall enter amended— adding at the end the following: into a partnership to carry out the grant (1) by striking ‘‘(f) Funds’’ and inserting ‘‘(j) REFERENCE TO OTHER LAW.—Section with 2 or more entities referred to in para- the following: 3(h) of the Hatch Act of 1887 (7 U.S.C. 361c(h)) graph (1). ‘‘(f) USE OF FUNDS.— shall apply to amounts made available to ‘‘(5) REPORTS.— ‘‘(1) IN GENERAL.—Funds’’; carry out this Act.’’. ‘‘(A) IN GENERAL.—A recipient of a grant (2) by striking ‘‘The Secretary shall’’ and SEC. 225. COMPETITIVE, SPECIAL, AND FACILI- under this subsection shall— inserting the following: TIES RESEARCH GRANTS. ‘‘(i) prepare on an annual basis a report de- ‘‘(3) REIMBURSEMENT.—The Secretary (a) COMPETITIVE GRANTS.—The Competi- scribing the results of the research, exten- shall’’; and tive, Special, and Facilities Research Grant sion, or education activity and the merit of (3) by inserting after paragraph (1) (as des- Act (7 U.S.C. 450i) is amended in subsection the results; and ignated by paragraph (1)) the following: (b)— ‘‘(ii) submit the report to the Secretary. ‘‘(2) RESEARCH PROJECTS.— (1) in the first sentence of paragraph (1), by ‘‘(B) PUBLIC AVAILABILITY.— ‘‘(A) IN GENERAL.—The Honey Board shall inserting ‘‘national laboratories,’’ after ‘‘(i) IN GENERAL.—Except as provided in reserve at least 8 percent of all assessments ‘‘Federal agencies,’’; and clause (ii), on request, the Secretary shall collected during a year for expenditure on (2) in the second sentence of paragraph make the report available to the public. approved research projects designed to ad- (3)(E), by striking ‘‘an individual shall have ‘‘(ii) EXCEPTIONS.—Clause (i) shall not vance the cost-effectiveness, competitive- less than’’ and all that follows through ‘‘re- apply to the extent that making the report, ness, efficiency, pest and disease control, and search experience’’ and inserting ‘‘an indi- or a part of the report, available to the pub- other management aspects of beekeeping and vidual shall be within 5 years of the individ- lic is not authorized or permitted by section honey production. ual’s initial career track position’’. 552 of title 5, United States Code, or section ‘‘(B) SUBSEQUENT AVAILABILITY.—If all (b) SPECIAL GRANTS.— 1905 of title 18, United States Code. funds reserved under subparagraph (A) are

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not allocated to approved research projects culture Act of 1980 (16 U.S.C. 2803) is amend- ‘‘(d) TREATMENT OF AQUACULTURE.—The in a year, any unallocated reserved funds ed— Secretary shall treat— shall be carried forward for allocation and (1) in subsection (c)— ‘‘(1) private aquaculture as agriculture; expenditure under subparagraph (A) in subse- (A) in subparagraph (A), by adding ‘‘and’’ and quent years.’’. at the end; ‘‘(2) commercially cultivated aquatic ani- SEC. 228. OFFICE OF ENERGY POLICY AND NEW (B) in subparagraph (B), by striking ‘‘; mals, plants, and microorganisms, and prod- USES. and’’ and inserting a period; and ucts of the animals, plants, and microorga- Subtitle A of the Department of Agri- (C) by striking subparagraph (C); nisms, produced by private persons and culture Reorganization Act of 1994 (7 U.S.C. (2) in the second sentence of subsection (d), transported or moved in standard com- 6911 et seq.) is amended by adding at the end by striking ‘‘Secretaries determine that’’ modity channels as agricultural livestock, the following: and inserting ‘‘Secretary, in consultation crops, and commodities. ‘‘SEC. 220. OFFICE OF ENERGY POLICY AND NEW with the Secretary of Commerce, the Sec- ‘‘(e) PRIVATE AQUACULTURE POLICY COORDI- USES. retary of the Interior, and the heads of such NATION, DEVELOPMENT, AND IMPLEMENTA- ‘‘An Office of Energy Policy and New Uses other agencies as the Secretary determines TION.— of the Department shall be established in the are appropriate, determines that’’; and ‘‘(1) RESPONSIBILITY.—The Secretary shall Office of the Secretary.’’. (3) in subsection (e), by striking ‘‘Secre- have responsibility for coordinating, devel- oping, and carrying out policies and pro- SEC. 229. KIWIFRUIT RESEARCH, PROMOTION, taries’’ and inserting ‘‘Secretary, in con- AND CONSUMER INFORMATION PRO- sultation with the Secretary of Commerce, grams for private aquaculture. GRAM. the Secretary of the Interior, and the heads ‘‘(2) DUTIES.—The Secretary shall— (a) AMENDMENTS TO ORDERS.—Section of such other agencies as the Secretary de- ‘‘(A) coordinate all intradepartmental 554(c) of the National Kiwifruit Research, termines are appropriate,’’. functions and activities relating to private Promotion, and Consumer Information Act (c) FUNCTIONS AND POWERS OF SECRE- aquaculture; and (7 U.S.C. 7463(c)) is amended in the second TARIES.—Section 5(b)(3) of the National ‘‘(B) establish procedures for the coordina- sentence by inserting before the period at Aquaculture Act of 1980 (16 U.S.C. 2804(b)(3)) tion of functions, and consultation with, the the end the following: ‘‘, except that an is amended by striking ‘‘Secretaries deem’’ coordinating group. amendment to an order shall not require a and inserting ‘‘Secretary, in consultation ‘‘(f) LIAISON WITH DEPARTMENTS OF COM- referendum to become effective’’. with the Secretary of Commerce, the Sec- MERCE AND THE INTERIOR.—The Secretary of (b) NATIONAL KIWIFRUIT BOARD.—Section retary of the Interior, and the heads of such Commerce and the Secretary of the Interior 555 of the National Kiwifruit Research, Pro- other agencies as the Secretary determines shall each designate an officer or employee motion, and Consumer Information Act (7 are appropriate, consider’’. of the Department of the Secretary to be the (d) COORDINATION OF NATIONAL ACTIVITIES U.S.C. 7464) is amended— liaison of the Department to the Secretary REGARDING AQUACULTURE.—The first sen- (1) in subsection (a), by striking para- of Agriculture.’’. tence of section 6(a) of the National Aqua- graphs (1) through (3) and inserting the fol- (f) AUTHORIZATION OF APPROPRIATIONS.— culture Act of 1980 (16 U.S.C. 2805(a)) is lowing: Section 11 of the National Aquaculture Act amended by striking ‘‘(f)’’ and inserting ‘‘(1) 10 members who are producers, export- of 1980 (as redesignated by subsection (e)(1)) ‘‘(e)’’. is amended by striking ‘‘the fiscal years 1991, ers, or importers (or their representatives), (e) NATIONAL POLICY FOR PRIVATE AQUA- based on a proportional representation of the 1992, and 1993’’ each place it appears and in- CULTURE.—The National Aquaculture Act of serting ‘‘fiscal years 1991 through 2002’’. level of domestic production and imports of 1980 (16 U.S.C. 2801 et seq.) is amended— kiwifruit (as determined by the Secretary). (1) by redesignating sections 7, 8, 9, 10, and Subtitle D—New Programs ‘‘(2) 1 member appointed from the general 11 as sections 8, 9, 10, 11, and 12, respectively; SEC. 231. BIOBASED PRODUCTS. public.’’; and (a) DEFINITION OF BIOBASED PRODUCT.—In (2) in subsection (b)— (2) by inserting after section 6 (16 U.S.C. this section, the term ‘‘biobased product’’ (A) by striking ‘‘MEMBERSHIP.—’’ and all 2805) the following: means a product that is produced from a re- that follows through ‘‘paragraph (2), the’’ ‘‘SEC. 7. NATIONAL POLICY FOR PRIVATE AQUA- newable agricultural or forestry product. and inserting ‘‘MEMBERSHIP.—Subject to the CULTURE. (b) COORDINATION OF BIOBASED PRODUCT AC- 11-member limit, the’’; and ‘‘(a) IN GENERAL.—In consultation with the TIVITIES.—The Secretary shall— (B) by striking paragraph (2); and Secretary of Commerce and the Secretary of (1) coordinate the research, technical ex- (3) in subsection (c)— the Interior, the Secretary shall coordinate pertise, economic information, and market (A) in paragraph (2), by inserting ‘‘who are and implement a national policy for private information resources and activities of the producers’’ after ‘‘members’’; aquaculture in accordance with this section. Department to develop, commercialize, and (B) in paragraph (3), by inserting ‘‘who are In developing the policy, the Secretary may promote the use of biobased products; importers or exporters’’ after ‘‘members’’; consult with other agencies and organiza- (2) solicit input from private sector persons and tions. who produce, or are interested in producing, (C) in the second sentence of paragraph (5), ‘‘(b) DEPARTMENT OF AGRICULTURE AQUA- biobased products; by inserting ‘‘and alternate’’ after ‘‘mem- CULTURE PLAN.— (3) provide a centralized contact point for ber’’. ‘‘(1) IN GENERAL.—The Secretary shall de- advice and technical assistance for prom- SEC. 230. NATIONAL AQUACULTURE POLICY, velop and implement a Department of Agri- ising and innovative biobased products; and PLANNING, AND DEVELOPMENT. culture Aquaculture Plan (referred to in this (4) submit an annual report to Congress de- (a) DEFINITIONS.—Section 3 of the National section as the ‘Department plan’) for a uni- scribing the coordinated research, mar- Aquaculture Act of 1980 (16 U.S.C. 2802) is fied aquaculture program of the Department keting, and commercialization activities of amended— of Agriculture (referred to in this section as the Department relating to biobased prod- (1) in paragraph (1), by striking ‘‘the propa- the ‘Department’) to support the develop- ucts. gation’’ and all that follows through the pe- ment of private aquaculture. (c) RESEARCH AND COOPERATIVE AGREE- riod at the end and inserting the following: ‘‘(2) ELEMENTS OF DEPARTMENT PLAN.—The MENTS FOR BIOBASED PRODUCTS.— ‘‘the commercially controlled cultivation of Department plan shall address— (1) DEFINITION OF ELIGIBLE CONTRACTOR.—In aquatic plants, animals, and microorga- ‘‘(A) programs of individual agencies of the this subsection, the term ‘‘eligible con- nisms, but does not include private for-profit Department related to aquaculture that are tractor’’ means— ocean ranching of Pacific salmon in a State consistent with Department programs re- (A) a party that has entered into a cooper- in which the ranching is prohibited by law.’’; lated to other areas of agriculture, including ative research and development agreement (2) in paragraph (3), by striking ‘‘or aquatic livestock, crops, products, and commodities with the Department under section 12 of the plant’’ and inserting ‘‘aquatic plant, or under the jurisdiction of agencies of the De- Stevenson-Wydler Technology Innovation microorganism’’; partment; Act of 1980 (15 U.S.C. 3710a); (3) by redesignating paragraphs (7) through ‘‘(B) the treatment of cultivated aquatic (B) a recipient of funding from the Alter- (9) as paragraphs (8) through (10), respec- animals as livestock and cultivated aquatic native Agricultural Research and Commer- tively; and plants as agricultural crops; and cialization Corporation established under (4) by inserting after paragraph (6) the fol- ‘‘(C) means for effective coordination and section 1658 of the Food, Agriculture, Con- lowing: implementation of aquaculture activities servation, and Trade Act of 1990 (7 U.S.C. ‘‘(7) PRIVATE AQUACULTURE.—The term ‘pri- and programs within the Department, in- 5902); vate aquaculture’ means the commercially cluding individual agency commitments of (C) a recipient of funding from the Bio- controlled cultivation of aquatic plants, ani- personnel and resources. technology Research and Development Cen- mals, and microorganisms other than cul- ‘‘(c) NATIONAL AQUACULTURE INFORMATION ter; or tivation carried out by the Federal Govern- CENTER.—In carrying out section 5, the Sec- (D) a recipient of funding from the Depart- ment, any State or local government, or an retary may maintain and support a National ment under a Small Business Innovation Re- Indian tribe recognized by the Bureau of In- Aquaculture Information Center at the Na- search Program established under section 9 dian Affairs.’’. tional Agricultural Library as a repository of the Small Business Act (15 U.S.C. 638). (b) NATIONAL AQUACULTURE DEVELOPMENT for information on national and inter- (2) RESEARCH.—The Secretary may use the PLAN.—Section 4 of the National Aqua- national aquaculture. funds, facilities, and technical expertise of

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the Agricultural Research Service, coopera- (4) PRECISION AGRICULTURE TECHNOLOGIES.— (7) The study of whether precision agri- tive research and development agreement The term ‘‘precision agriculture tech- culture technologies are applicable and ac- funds, or other funds— nologies’’ includes— cessible to small and medium size farms and (A) to enter into cooperative agreements (A) instrumentation and techniques rang- the study of methods of improving the appli- with eligible contractors to operate pilot ing from sophisticated sensors and software cability of precision agriculture technologies plants and other large-scale preparation fa- systems to manual sampling and data collec- to the farms. cilities to promote the practical application tion tools that measure, record, and manage (c) EDUCATION AND INFORMATION DISSEMINA- of biobased technologies; and spatial and temporal data; TION.—Of the funds allocated for grants (B) to conduct— (B) technologies for searching out and as- under this section, the Secretary shall re- (i) research on environmental impacts of sembling information necessary for sound serve a portion of the funds for education the technologies; agricultural production decisionmaking; and information dissemination grants re- (ii) research on lowering the cost of manu- (C) open systems technologies for data net- garding precision agriculture. facturing biobased products; or working and processing that produce valued (d) PRECISION AGRICULTURE PARTNER- (iii) other appropriate research. systems for farm management decision- SHIPS.— (1) ESTABLISHMENT.—In carrying out this (3) SALE OF BIOBASED PRODUCTS.—For the making, including high bandwidth networks, section, the Secretary, in consultation with purpose of determining the market potential distributed processing, spatial databasing, the Advisory Board, shall encourage the es- for biobased products, an eligible contractor object technology, global positioning sys- tablishment of appropriate multistate and who enters into a cooperative agreement tems, data modeling, high performance national partnerships or consortia among— may sell biobased products produced at a image processing, high resolution satellite (A) land-grant colleges and universities; pilot plant or other large-scale preparation imagery, digital orthophotogrammetry sim- (B) State agricultural experiment stations; facility under paragraph (2). ulation, geographic information systems, (C) State cooperative extension services; computer aided design, and digital cartog- (d) PILOT PROJECT.— (D) other colleges and universities with de- raphy; or (1) IN GENERAL.—The Secretary, acting monstrable expertise regarding precision ag- (D) machines that deliver information through the Agricultural Research Service, riculture; shall establish and carry out a pilot project based management practices, including glob- (E) agencies of the Department; under which grants are provided, on a com- al positioning satellites, digital field map- (F) national laboratories; petitive basis, to scientists of the Agricul- ping, on-the-go yield monitoring, automated (G) agribusinesses; tural Research Service to— pest scouting, and site-specific agricultural (H) agricultural equipment and input man- (A) encourage innovative and collaborative input application to accomplish the objec- ufacturers and retailers; science; and tives of precision agriculture. (I) certified crop advisers; (B) during each of fiscal years 1999 through (5) SYSTEMS RESEARCH.—The term ‘‘sys- (J) commodity organizations; 2001, develop biobased products with prom- tems research’’ means an integrated, coordi- (K) other Federal or State government en- ising commercial potential. nated, and iterative investigative process tities and agencies; (2) AUTHORIZATION OF APPROPRIATIONS.— that considers the multiple interacting com- (L) nonagricultural industries and non- There is authorized to be appropriated to ponents and aspects of precision agriculture profit organizations with demonstrable ex- carry out this subsection $10,000,000 for each systems, including synthesis of new knowl- pertise regarding precision agriculture; and of fiscal years 1999 through 2002. edge regarding the physical-chemical-bio- (M) agricultural producers and other land logical processes and complex interactions managers. SEC. 232. PRECISION AGRICULTURE. with cropping and natural resource systems, (2) AGREEMENT BETWEEN SECRETARY OF EN- (a) DEFINITIONS.—In this section: precision agriculture technologies develop- ERGY AND SECRETARY OF AGRICULTURE.—The (1) AGRICULTURAL INPUTS.—The term ‘‘agri- ment and implementation, data and informa- partnerships established pursuant to this cultural inputs’’ includes all farm manage- tion collection and interpretation, produc- subsection may include the agreement en- ment, agronomic, and field-applied agricul- tion scale planning, production-scale imple- tered into (before the date of enactment of tural production inputs, such as machinery, mentation, and farm production efficiencies, this Act) by the Secretary of Energy (on be- labor, time, fuel, irrigation water, commer- productivity, and profitability. half of the national laboratories of the De- cial nutrients, livestock waste, crop protec- (b) GRANTS.—After consultation with the partment of Energy) and the Secretary of tion chemicals, agronomic data and informa- Advisory Board, the Secretary may make Agriculture (on behalf of agencies of the De- tion, application and management services, competitive grants, for periods not to exceed partment) to promote cooperation and co- seed, and other inputs used in agricultural 5 years, to eligible entities to carry out re- ordination between the national laboratories production. search, education, and information dissemi- of the Department of Energy and agencies of (2) ELIGIBLE ENTITY.—The term ‘‘eligible nation projects for the development and pro- the Department of Agriculture in the areas entity’’ means— motion of precision agriculture. The projects of systems research, technology research and (A) a State agricultural experiment sta- shall address 1 or more of the following: development, and the transfer, utilization, tion; (1) The study and promotion of components and private-sector commercialization of (B) a college or university; of precision agriculture technologies using a technology. (C) a research institution or organization; systems research approach designed to in- (3) ROLE OF PARTNERSHIPS.—Partnerships (D) a Federal agency; crease long-term site-specific and whole- described in paragraph (1) shall be eligible (E) a national laboratory; farm production efficiencies, productivity, grantees for conducting systems research (F) a private organization or corporation; and profitability. (including on-farm research) regarding preci- or (2) The improvement in the understanding sion agriculture and precision agriculture (G) an individual. of agronomic systems, including soil, water, technologies. (3) PRECISION AGRICULTURE.—The term land cover, and meteorological variability. (e) LIMITATION.—A grant made under this ‘‘precision agriculture’’ means an integrated (3) The development, demonstration, and section may not be used for the planning, re- information- and production-based farming dissemination of information regarding pre- pair, rehabilitation, acquisition, or construc- system that is designed to increase long- cision agriculture technologies and systems tion of a building or facility. term site-specific and whole-farm production into an integrated program. (f) MATCHING FUNDS.—The Secretary may efficiencies, productivity, and profitability (4) The promotion of systems research and not take the offer or availability of match- while minimizing unintended impacts on education projects focusing on the integra- ing funds into consideration in making a wildlife and the environment by— tion of the multiple aspects of precision agri- grant under this section. (A) combining agricultural sciences, agri- culture, including development, production- (g) ANNUAL REPORT.—Not later than Janu- cultural inputs and practices, agronomic scale implementation, and farm production ary 1 of each year, the Secretary shall trans- production databases, and precision agri- efficiencies, productivity, and profitability. mit to Congress an annual report describing the policies, priorities, and operations of the culture technologies to efficiently manage (5) The education of agricultural producers grant program authorized by this section agronomic systems; and consumers regarding the costs and bene- during the preceding fiscal year. (B) gathering on-farm information per- fits of precision agriculture as it relates to (h) REGULATIONS.—The Secretary shall pro- taining to the variation and interaction of increased long-term farm production effi- mulgate such regulations as the Secretary site-specific spatial and temporal factors af- ciencies, productivity, and profitability, as considers necessary to carry out this section. fecting crop production; well as the maintenance of the environment (i) APPLICABILITY OF OTHER LAWS.—The (C) integrating the information with ap- and improvements in international trade. Federal Advisory Committee Act (5 U.S.C. propriate data derived from remote sensing (6) The provision of training and edu- App.) and title XVIII of the Food and Agri- and other precision agriculture technologies cational programs for State cooperative ex- culture Act of 1977 (7 U.S.C. 2281 et seq.) shall in a timely manner in order to facilitate on- tension services agents, agricultural pro- not apply to a panel or board created for the farm decisionmaking; or ducers, agricultural input machinery, prod- purpose of reviewing applications or pro- (D) using the information to prescribe and uct, and service providers, and certified crop posals submitted under this section. deliver site-specific application of agricul- advisers and other professionals involved in (j) AUTHORIZATION OF APPROPRIATIONS.— tural inputs and management practices in agricultural production and the transfer of (1) IN GENERAL.—There are authorized to be agricultural production systems. integrated precision agriculture technology. appropriated such sums as are necessary to

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carry out this section for each of fiscal years (2) PRIORITY.—In awarding contracts under sizes and scales and to identify the specific 1998 through 2002, of which, for each fiscal subsection (a), the Secretary shall— research and education needs of the pro- year— (A) review the proposals; and ducers. (A) not less than 30 percent shall be avail- (B) provide a higher priority to proposals (c) ADMINISTRATION.—The Secretary may able to make grants for research to be con- that— use the funds, facilities, and technical exper- ducted by multidisciplinary teams; (i) are— tise of the Agricultural Research Service and (B) not less than 40 percent shall be avail- (I) the most cost effective for the Federal the Cooperative State Research, Education, able to make grants for research to be con- Government; or and Extension Service and other funds avail- ducted by eligible entities conducting mis- (II) safer, based on the relative safety of able to the Secretary (other than funds of sion-linked systems research; and the proposed facility in comparison to facili- the Commodity Credit Corporation) to carry (C) not more than 4 percent may be re- ties of the Animal and Plant Health Inspec- out this section. tained by the Secretary to pay administra- tion Service located in Ames, Iowa, in exist- SEC. 238. SUPPORT FOR RESEARCH REGARDING tive costs incurred by the Secretary in car- ence on the date of enactment of this Act; DISEASES OF WHEAT AND BARLEY rying out this section. and CAUSED BY FUSARIUM GRAMINEARUM. (2) AVAILABILITY OF FUNDS.—Funds made (ii) allow for the use of donated land, feder- (a) RESEARCH GRANT AUTHORIZED.—The available under paragraph (1) shall be avail- ally owned property, or lease-purchase ar- Secretary may make a grant to a consortium able for obligation for a 2-year period begin- rangements. of land-grant colleges and universities to en- ning on October 1 of the fiscal year for which (c) DONATIONS.—In carrying out this sec- hance the ability of the consortium to carry the funds are made available. tion, the Secretary may, in connection with out a multi-State research project aimed at SEC. 233. FORMOSAN TERMITE ERADICATION real property, buildings, and facilities, ac- understanding and combating diseases of PROGRAM. cept on behalf of the Animal and Plant wheat and barley caused by Fusarium (a) RESEARCH PROGRAM.—The Secretary Health Inspection Service such gifts or dona- graminearum and related fungi (referred to may make competitive research grants for tions of services or property, real or per- in this section as ‘‘wheat scab’’). terms of not to exceed 5 years to regional sonal, as the Secretary determines nec- (b) RESEARCH COMPONENTS.—Funds pro- and multijurisdictional entities, local gov- essary. vided under this section shall be available ernment planning organizations, and local (d) AUTHORIZATION OF APPROPRIATIONS.— for the following collaborative, multi-State governments for the purpose of conducting There are authorized to be appropriated such research activities: research for the control, management, and sums as are necessary to carry out this sec- (1) Identification and understanding of the possible eradication of Formosan termites in tion for each of fiscal years 1998 through 2002, epidemiology of wheat scab and the toxi- the United States. to remain available until expended. cological properties of vomitoxin, a toxic (b) ERADICATION PROGRAM.— SEC. 236. NATIONAL SWINE RESEARCH CENTER. metabolite commonly occurring in wheat (1) IN GENERAL.—The Secretary may enter Subject to the availability of appropria- and barley infected with wheat scab. into cooperative agreements with regional tions to carry out this section, or through a (2) Development of crop management and multijurisdictional entities, local gov- reprogramming of funds provided for swine strategies to reduce the risk of wheat scab ernment planning organizations, and local research to carry out this section pursuant occurrence. governments for the purposes of— to established procedures, during the period (3) Development of— (A) conducting projects for the control, beginning on the date of enactment of this (A) efficient and accurate methods to mon- management, and possible eradication of Act and ending December 31, 1998, the Sec- itor wheat and barley for the presence of Formosan termites in the United States; and retary, acting through the Agricultural Re- wheat scab and resulting vomitoxin contami- (B) collecting data on the effectiveness of search Service, may accept as a gift, and ad- nation; the projects. minister, the National Swine Research Cen- (B) post-harvest management techniques (2) FUNDING PRIORITY.—In allocating funds ter located in Ames, Iowa. for wheat and barley infected with wheat made available to carry out this subsection, SEC. 237. COORDINATED PROGRAM OF RE- scab; and the Secretary shall provide a higher priority SEARCH, EXTENSION, AND EDU- (C) milling and food processing techniques for regions or locations with the highest his- CATION TO IMPROVE VIABILITY OF to render contaminated grain safe. SMALL AND MEDIUM SIZE DAIRY torical rates of infestation of Formosan ter- AND LIVESTOCK OPERATIONS. (4) Strengthening and expansion of plant- mites. (a) IN GENERAL.—The Secretary may carry breeding activities to enhance the resistance (c) AUTHORIZATION OF APPROPRIATIONS.— out a coordinated program of research, ex- of wheat and barley to wheat scab, including There is authorized to be appropriated to tension, and education to improve the com- the establishment of a regional advanced carry out this section $10,000,000 for each of petitiveness, viability, and sustainability of breeding material evaluation nursery and a fiscal years 1998 through 2002. small and medium size dairy and livestock germplasm introduction and evaluation sys- SEC. 234. NUTRIENT COMPOSITION DATA. operations (referred to in this section as ‘‘op- tem. (a) IN GENERAL.—The Secretary shall up- erations’’). (5) Development and deployment of alter- date, on a periodic basis, nutrient composi- (b) COMPONENTS.—To the extent the Sec- native fungicide application systems and for- tion data. retary elects to carry out the program, the mulations to control wheat scab and consid- (b) REPORT.—Not later than 180 days after Secretary shall conduct— eration of other chemical control strategies the date of enactment of this Act, the Sec- (1) research, development, and on-farm ex- to assist farmers until new more resistant retary shall submit to the Committee on Ag- tension and education concerning low-cost wheat and barley varieties are available. riculture of the House of Representatives production facilities and practices, manage- (c) COMMUNICATIONS NETWORKS.—Funds and the Committee on Agriculture, Nutri- ment systems, and genetics that are appro- provided under this section shall be available tion, and Forestry of the Senate a report priate for the operations; for efforts to concentrate, integrate, and dis- that describes— (2) research and extension on management- seminate research, extension, and outreach- (1) the method the Secretary will use to intensive grazing systems for livestock and orientated information regarding wheat scab. update nutrient composition data, including dairy production to realize the potential for (d) MANAGEMENT.—To oversee the use of a the quality assurance criteria that will be reduced capital and feed costs through great- grant made under this section, the Secretary used and the method for generating the data; er use of management skills, labor avail- may establish a committee composed of the and ability optimization, and the natural bene- directors of the agricultural experiment sta- (2) the timing for updating the data. fits of grazing pastures; tions in the States in which land-grant col- SEC. 235. CONSOLIDATED ADMINISTRATIVE AND (3) research and extension on integrated leges and universities that are members of LABORATORY FACILITY. crop and livestock systems that increase ef- the consortium are located. (a) IN GENERAL.—Notwithstanding the Fed- ficiencies, reduce costs, and prevent environ- (e) AUTHORIZATION OF APPROPRIATIONS.— eral Property and Administrative Services mental pollution to strengthen the competi- There is authorized to be appropriated to Act of 1949 (40 U.S.C. 471 et seq.), the Public tive position of the operations; carry out this section $5,200,000 for each of Buildings Act of 1959 (40 U.S.C. 601 et seq.), or (4) economic analyses and market feasi- fiscal years 1998 through 2002. section 5 of the Public Buildings Amend- bility studies to identify new and expanded SEC. 239. FOOD ANIMAL RESIDUE AVOIDANCE ments of 1972 (40 U.S.C. 602a), the Secretary, opportunities for producers on the oper- DATABASE PROGRAM. in consultation with the Administrator of ations that provide tools and strategies to (a) CONTINUATION OF PROGRAM.—The Sec- General Services, may enter into contracts meet consumer demand in domestic and retary shall continue operation of the Food for the design, construction, and operation of international markets, such as cooperative Animal Residue Avoidance Database pro- a consolidated administrative and labora- marketing and value-added strategies for gram (referred to in this section as the tory facility of the Animal and Plant Health milk and meat production and processing; ‘‘FARAD program’’) through contracts with Inspection Service to be located in or near and appropriate colleges or universities. Ames, Iowa. (5) technology assessment that compares (b) ACTIVITIES.—In carrying out the (b) AWARDING OF CONTRACT.— the technological resources of large special- FARAD program, the Secretary shall— (1) SOLICITATION.—The Secretary may so- ized producers with the technological needs (1) provide livestock producers, extension licit contract proposals from interested par- of producers on the operations to identify specialists, scientists, and veterinarians with ties to carry out subsection (a). and transfer existing technology across all information to prevent drug, pesticide, and

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environmental contaminant residues in food (B) CONSISTENCY WITH GPRA.—The guide- (B) for activities carried out under the Al- animal products; lines shall be consistent with the Govern- ternative Agricultural Research and Com- (2) maintain up-to-date information con- ment Performance and Results Act of 1993 mercialization Act of 1990 (7 U.S.C. 5901 et cerning— (Public Law 103–62) and amendments made seq.). (A) withdrawal times on FDA-approved by that Act. (2) PRIORITY MISSION AREAS.— food animal drugs and appropriate with- SEC. 242. STUDY OF FEDERALLY FUNDED AGRI- (A) FISCAL YEAR 1998.—In making grants drawal intervals for drugs used in food ani- CULTURAL RESEARCH, EXTENSION, under this section for fiscal year 1998, the mals in the United States, as established AND EDUCATION. Secretary shall address priority mission under section 512(a) of the Federal Food, (a) STUDY.—Not later than January 1, 1999, areas related to— Drug, and Cosmetic Act (21 U.S.C. 360b(a)); the Secretary shall request the National (i) food genome; (B) official tolerances for drugs and pes- Academy of Sciences to conduct a study of (ii) food safety, food technology, and ticides in tissues, eggs, and milk; the role and mission of federally funded agri- human nutrition; (C) descriptions and sensitivities of rapid cultural research, extension, and education. (iii) new and alternative uses and produc- screening tests for detecting residues in tis- (b) REQUIREMENTS.—The study shall— tion of agricultural commodities and prod- sues, eggs, and milk; and (1) evaluate the strength of science con- ucts; (D) data on the distribution and fate of ducted by the Agricultural Research Service (iv) agricultural biotechnology; and chemicals in food animals; and the relevance of the science to national (v) natural resource management, includ- (3) publish periodically a compilation of priorities; ing precision agriculture. food animal drugs approved by the Food and (2) examine how the work of the Agricul- (B) FISCAL YEARS 1999 THROUGH 2002.—In Drug Administration; tural Research Service relates to the capac- making grants under this section for each of (4) make information on food animal drugs ity of the agricultural research, extension, fiscal years 1999 through 2002, the Secretary available to the public through handbooks and education system of the United States; shall address— and other literature, computer software, a (3) examine the formulas for funding agri- (i) priority mission areas described in sub- telephone hotline, and the Internet; cultural research and extension; and paragraph (A); or (5) furnish producer quality-assurance pro- (4) examine the system of competitive (ii) after consultation with the Advisory grams with up-to-date data on approved grants for agricultural research, extension, Board, new or different priority mission drugs; and education. areas, including the viability and competi- (6) maintain a comprehensive and up-to- (c) REPORTS.—The Secretary shall prepare tiveness of small and medium sized dairy, date, residue avoidance database; and submit to the Committee on Agriculture livestock, crop, and other commodity oper- (7) provide professional advice for deter- of the House of Representatives and the ations. (d) ELIGIBLE GRANTEES.—The Secretary mining the withdrawal times necessary for Committee on Agriculture, Nutrition and may make a grant under this section to— food safety in the use of drugs in food ani- Forestry of the Senate— (1) a Federal research agency; mals; and (1) not later than 18 months after the com- (2) a national laboratory; (8) engage in other activities designed to mencement of the study, a report that de- (3) a college or university or a research promote food safety. scribes the results of the study as it relates foundation maintained by a college or uni- (c) CONTRACTS.— to paragraphs (1) and (2) of subsection (b), in- versity; or (1) IN GENERAL.—The Secretary shall offer cluding any appropriate recommendations; (4) a private research organization with an to enter into contracts with appropriate col- and established and demonstrated capacity to leges and universities to operate the FARAD (2) not later than 3 years after the com- perform research or technology transfer. program. mencement of the study, a report that de- (e) USE OF GRANTS.— (2) TERM.—The term of a contract under scribes the results of the study as it relates (1) SMALLER INSTITUTIONS.—The Secretary to paragraphs (3) and (4) of subsection (b), in- subsection (a) shall be 3 years, with options may award grants under this section to en- cluding any appropriate recommendations. to extend the term of the contract tri- sure that the faculty of small and mid-sized ennially. SEC. 243. SENSE OF CONGRESS ON STATE MATCH institutions who have not previously been FOR 1890 INSTITUTIONS. (d) AUTHORIZATION OF APPROPRIATIONS.— successful in obtaining competitive grants It is the sense of Congress that States There is authorized to be appropriated to awarded by the Secretary under subsection should provide matching funds for agricul- carry out this section $1,000,000 for each fis- (b) of the Competitive, Special, and Facili- tural research and extension formula funds cal year. ties Research Grant Act (7 U.S.C. 450i(b)) re- provided by the Federal Government to 1890 SEC. 240. FINANCIAL ASSISTANCE FOR CERTAIN ceive a portion of the grants. RURAL AREAS. Institutions. (2) PRIORITIES.—In making grants under (a) IN GENERAL.—The Secretary may pro- TITLE III—INITIATIVE FOR FUTURE this section, the Secretary shall provide a vide financial assistance to a nationally rec- AGRICULTURE AND FOOD SYSTEMS higher priority to— ognized organization to promote educational SEC. 301. INITIATIVE FOR FUTURE AGRICULTURE (A) a project that is multistate, multi-in- opportunities at the primary and secondary AND FOOD SYSTEMS. stitutional, or multidisciplinary; or levels in rural areas with a historic incidence (a) IN GENERAL.—There is established in (B) a project that integrates agricultural of poverty and low academic achievement, the Treasury of the United States an ac- research, extension, and education. including the Lower Mississippi River Delta. count to be known as the Initiative for Fu- (f) ADMINISTRATION.— (b) AUTHORIZATION OF APPROPRIATIONS.— ture Agriculture and Food Systems (referred (1) IN GENERAL.—In making grants under There is authorized to be appropriated to to in this section as the ‘‘Account’’) to pro- this section, the Secretary shall— carry out this section up to $10,000,000 for vide funds for activities authorized under (A) seek and accept proposals for grants; each fiscal year. this section. (B) determine the relevance and merit of Subtitle E—Studies and Miscellaneous (b) FUNDING.— proposals through a system of peer review in SEC. 241. EVALUATION AND ASSESSMENT OF AG- (1) IN GENERAL.—Out of any funds in the accordance with section 103; RICULTURAL RESEARCH, EXTEN- Treasury not otherwise appropriated, the (C) award grants on the basis of merit, SION, AND EDUCATION PROGRAMS. Secretary of the Treasury shall transfer to quality, and relevance to advancing the pur- (a) EVALUATION.—The Secretary shall con- the Account— poses and priority mission areas established duct a performance evaluation to determine (A) on October 1, 1997, $100,000,000; and under subsection (c); and whether federally funded agricultural re- (B) on October 1, 1998, and each October 1 (D) solicit and consider input from stake- search, extension, and education programs thereafter through October 1, 2001, holders in accordance with section 102(b)(1). result in public goods that have national or $170,000,000. (2) COMPETITIVE BASIS.—A grant under this multistate significance. (2) ENTITLEMENT.—The Secretary— section shall be awarded on a competitive (b) CONTRACT.— (A) shall be entitled to receive the funds basis. (1) IN GENERAL.—The Secretary shall enter transferred to the Account under paragraph (3) TERM.—A grant under this section shall into a contract with an expert in research (1); have a term that does not exceed 5 years. assessment and performance evaluation to (B) shall accept the funds; and (4) MATCHING FUNDS.—As a condition of provide input and recommendations to the (C) shall use the funds to carry out this making a grant under this section, the Sec- Secretary with respect to federally funded section. retary shall require the funding of the grant agricultural research, extension, and edu- (c) PURPOSES.— be matched with equal matching funds from cation programs. (1) CRITICAL EMERGING ISSUES.—The Sec- a non-Federal source if the grant is— (2) GUIDELINES FOR PERFORMANCE MEASURE- retary shall use the funds in the Account— (A) for applied research that is commodity- MENT.— (A) subject to paragraph (2), for research, specific; and (A) IN GENERAL.—The contractor under extension, and education grants (referred to (B) not of national scope. paragraph (1) shall develop and propose to in this section as ‘‘grants’’) to address crit- (5) DELEGATION.— the Secretary practical guidelines for meas- ical emerging agricultural issues related to— (A) IN GENERAL.—The Secretary shall ad- uring performance of federally funded agri- (i) future food production; minister this section through the Coopera- cultural research, extension, and education (ii) environmental protection; or tive State Research, Education, and Exten- programs. (iii) farm income; and sion Service of the Department.

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(B) INSTITUTES.—The Secretary may estab- (c) CRITICAL AGRICULTURAL MATERIALS Agriculture Improvement and Reform Act of lish 1 or more institutes to carry out all or ACT.—Section 16(a) of the Critical Agricul- 1996 (Public Law 104–127; 110 Stat. 1167) is part of the activities authorized under this tural Materials Act (7 U.S.C. 178n(a)) is amended by striking ‘‘paragraph (3)’’ and in- section. amended by striking ‘‘1997’’ and inserting serting ‘‘subsection (c)(3)’’. (6) AVAILABILITY OF FUNDS.—Funds for ‘‘2002’’. (b) JOINT COUNCIL ON FOOD AND AGRICUL- grants under this section shall be available (d) RESEARCH FACILITIES ACT.—Section 6(a) TURAL SCIENCES.—Section 1413(b) of the Na- for obligation for a 2-year period. of the Research Facilities Act (7 U.S.C. tional Agricultural Research, Extension, and (7) ADMINISTRATIVE COSTS.—The Secretary 390d(a)) is amended by striking ‘‘fiscal years Teaching Policy Act of 1977 (7 U.S.C. 3128(b)) may use not more than 4 percent of the funds 1996 and 1997’’ and inserting ‘‘each of fiscal is amended by striking ‘‘Joint Council, the made available for grants under this section years 1996 through 2002’’. Advisory Board,’’ and inserting ‘‘Advisory for administrative costs incurred by the Sec- (e) NATIONAL AGRICULTURAL RESEARCH, EX- Board’’. retary in carrying out this section. TENSION, AND TEACHING POLICY ACT AMEND- (c) ADVISORY BOARD.— (8) BUILDINGS AND FACILITIES.—Funds made MENTS OF 1985.—Section 1431 of the National (1) SUPPORT FOR ADVISORY BOARD.—Section available for grants under this section shall Agricultural Research, Extension, and 1412 of the National Agricultural Research, not be used for the construction of a new Teaching Policy Act Amendments of 1985 (99 Extension, and Teaching Policy Act of 1977 (7 building or facility or the acquisition, expan- Stat. 1566) is amended by striking ‘‘1997’’ and U.S.C. 3127) is amended— sion, remodeling, or alteration of an existing inserting ‘‘2002’’. (A) in subsections (a) and (b), by striking building or facility (including site grading (f) COMPETITIVE, SPECIAL, AND FACILITIES ‘‘their duties’’ each place it appears and in- and improvement and architect fees). RESEARCH GRANT ACT.—Subsection (b)(10) of serting ‘‘its duties’’; and TITLE IV—EXTENSION OR REPEAL OF the Competitive, Special, and Facilities Re- (B) in subsection (c), by striking ‘‘their CERTAIN AUTHORITIES; TECHNICAL search Grant Act (7 U.S.C. 450i(b)(10)) is recommendations’’ and inserting ‘‘its rec- AMENDMENTS amended by striking ‘‘1997’’ and inserting ommendations’’. ‘‘2002’’. (2) GENERAL PROVISIONS.—Section 1413(a) of SEC. 401. EXTENSIONS OF AUTHORITIES. (g) NATIONAL AGRICULTURAL RESEARCH, EX- the National Agricultural Research, Exten- (a) NATIONAL AGRICULTURAL RESEARCH, EX- TENSION, AND TEACHING POLICY ACT AMEND- sion, and Teaching Policy Act of 1977 (7 TENSION, AND TEACHING POLICY ACT OF 1977.— MENTS OF 1981.—Section 1432(b)(5) of the Na- The National Agricultural Research, Exten- U.S.C. 3128(a)) is amended by striking ‘‘their tional Agricultural Research, Extension, and sion, and Teaching Policy Act of 1977 is powers’’ and inserting ‘‘its duties’’. Teaching Policy Act Amendments of 1981 (d) PLANT AND ANIMAL PEST AND DISEASE amended— (Public Law 97–98; 7 U.S.C. 3222 note) is CONTROL PROGRAM.—Section 1629(g) of the (1) in subsection (l) of section 1417 (7 U.S.C. amended by striking ‘‘1997’’ and inserting Food, Agriculture, Conservation, and Trade 3152) (as redesignated by section 202(1)), by ‘‘2002’’. Act of 1990 (7 U.S.C. 5832(g)) is amended by striking ‘‘1997’’ and inserting ‘‘2002’’; (h) EQUITY IN EDUCATIONAL LAND-GRANT striking ‘‘section 1650,’’. (2) in section 1419(d) (7 U.S.C. 3154(d)), by STATUS ACT OF 1994.—Sections 533(b) and 535 (e) GRANTS TO UPGRADE 1890 LAND-GRANT striking ‘‘1997’’ and inserting ‘‘2002’’; of the Equity in Educational Land-Grant COLLEGE EXTENSION FACILITIES.—Section 873 (3) in section 1419A(d) (7 U.S.C. 3155(d)), by Status Act of 1994 (Public Law 103–382; 7 of the Federal Agriculture Improvement and striking ‘‘fiscal years 1996 and 1997’’ and in- U.S.C. 301 note) are amended by striking Reform Act of 1996 (Public Law 104–127; 110 serting ‘‘each of fiscal years 1996 through ‘‘2000’’ each place it appears and inserting Stat. 1175) is amended by striking ‘‘1981’’ and 2002’’; ‘‘2002’’. inserting ‘‘1985’’. (4) in section 1424(d) (7 U.S.C. 3174(d)), by (i) RENEWABLE RESOURCES EXTENSION ACT (f) EFFECTIVE DATE.—The amendments striking ‘‘fiscal years 1996 and 1997’’ and in- OF 1978.—Section 6 of the Renewable Re- made by this section take effect on April 4, serting ‘‘each of fiscal years 1996 through sources Extension Act of 1978 (16 U.S.C. 1675) 1996. 2002’’; is amended in the first sentence by striking (5) in section 1425(c)(3) (7 U.S.C. 3175(c)(3)), TITLE V—AGRICULTURAL PROGRAM ‘‘the fiscal year ending September 30, 1988,’’ by striking ‘‘and 1997’’ and inserting SAVINGS and all that follows through the period at ‘‘through 2002’’; SEC. 501. NUTRITION PROGRAMS. the end and inserting ‘‘each of fiscal years (6) in the first sentence of section 1433(a) (7 (a) FOOD STAMPS.—Section 16 of the Food 1987 through 2002.’’. U.S.C. 3195(a)), by striking ‘‘1997’’ and insert- Stamp Act of 1977 (7 U.S.C. 2025) is amend- ing ‘‘2002’’; SEC. 402. REPEAL OF AUTHORITIES. ed— (7) in section 1434(a) (7 U.S.C. 3196(a)), by (a) NATIONAL AGRICULTURAL RESEARCH, EX- (1) in the first sentence of subsection (a), striking ‘‘1997’’ and inserting ‘‘2002’’; TENSION, AND TEACHING POLICY ACT OF 1977.— by striking ‘‘The Secretary’’ and inserting (8) in section 1447(b) (7 U.S.C. 3222b(b)), by Sections 1424A and 1476 of the National Agri- ‘‘Subject to subsection (k), the Secretary’’; striking ‘‘and 1997’’ and inserting ‘‘through cultural Research, Extension, and Teaching and 2002’’; Policy Act of 1977 (7 U.S.C. 3174a, 3323) are re- (2) by adding at the end the following: (9) in section 1448 (7 U.S.C. 3222c)— pealed. ‘‘(k) REDUCTIONS IN PAYMENTS FOR ADMIN- (A) in subsection (a)(1), by striking ‘‘and (b) FOOD, AGRICULTURE, CONSERVATION, AND ISTRATIVE COSTS.— 1997’’ and inserting ‘‘through 2002’’; and TRADE ACT OF 1990.—Subtitle G of title XIV ‘‘(1) DEFINITIONS.—In this subsection: (B) in subsection (f), by striking ‘‘1997’’ and and sections 1670 and 1675 of the Food, Agri- ‘‘(A) AFDC PROGRAM.—The term ‘AFDC inserting ‘‘2002’’; culture, Conservation, and Trade Act of 1990 program’ means the program of aid to fami- (10) in section 1455(c) (7 U.S.C. 3241(c)), by (7 U.S.C. 5501 et seq., 5923, 5928) are repealed. lies with dependent children established striking ‘‘fiscal year 1997’’ and inserting (c) FEDERAL AGRICULTURE IMPROVEMENT under part A of title IV of the Social Secu- ‘‘each of fiscal years 1997 through 2002’’; AND REFORM ACT OF 1996.—Subtitle E of title rity Act (42 U.S.C. 601 et seq. (as in effect, (11) in section 1463 (7 U.S.C. 3311), by strik- VIII of the Federal Agriculture Improvement with respect to a State, during the base pe- ing ‘‘1997’’ each place it appears in sub- and Reform Act of 1996 (110 Stat. 1184) is re- riod for that State)). sections (a) and (b) and inserting ‘‘2002’’; pealed. ‘‘(B) BASE PERIOD.—The term ‘base period’ (12) in section 1464 (7 U.S.C. 3312), by strik- SEC. 403. SHORT TITLES FOR SMITH-LEVER ACT means the period used to determine the ing ‘‘1997’’ and inserting ‘‘2002’’; AND HATCH ACT OF 1887. amount of the State family assistance grant (13) in section 1473D(a) (7 U.S.C. 3319d(a)), (a) SMITH-LEVER ACT.—The Act of May 8, for a State under section 403 of the Social by striking ‘‘1997’’ and inserting ‘‘2002’’; 1914 (commonly known as the ‘‘Smith-Lever Security Act (42 U.S.C. 603). (14) in the first sentence of section 1477 (7 Act’’) (38 Stat. 372, chapter 79; 7 U.S.C. 341 et ‘‘(C) MEDICAID PROGRAM.—The term ‘med- U.S.C. 3324), by striking ‘‘1997’’ and inserting seq.), is amended by adding at the end the icaid program’ means the program of med- ‘‘2002’’; and following: ical assistance under a State plan or under a (15) in section 1483(a) (7 U.S.C. 3336(a)), by ‘‘SEC. 11. SHORT TITLE. waiver of the plan under title XIX of the So- striking ‘‘1997’’ and inserting ‘‘2002’’. ‘‘This Act may be cited as the ‘Smith- cial Security Act (42 U.S.C. 1396 et seq.). (b) FOOD, AGRICULTURE, CONSERVATION, AND Lever Act’.’’. ‘‘(2) DETERMINATIONS OF AMOUNTS ATTRIB- TRADE ACT OF 1990.—The Food, Agriculture, (b) HATCH ACT OF 1887.—The Act of March UTABLE TO BENEFITING PROGRAMS.—The Sec- Conservation, and Trade Act of 1990 is 2, 1887 (commonly known as the ‘‘Hatch Act retary of Health and Human Services, in con- amended— of 1887’’) (24 Stat. 440, chapter 314; 7 U.S.C. sultation with the Secretary of Agriculture (1) in section 1635(b) (7 U.S.C. 5844(b)), by 361a et seq.), is amended by adding at the end and the States, shall, with respect to the striking ‘‘1997’’ and inserting ‘‘2002’’; the following: base period for each State, determine— (2) in section 1673(h) (7 U.S.C. 5926(h)), by ‘‘SEC. 10. SHORT TITLE. ‘‘(A) the annualized amount the State re- striking ‘‘1997’’ and inserting ‘‘2002’’; ‘‘This Act may be cited as the ‘Hatch Act ceived under section 403(a)(3) of the Social (3) in section 1676(e) (7 U.S.C. 5929(e)), by of 1887’.’’. Security Act (42 U.S.C. 603(a)(3) (as in effect striking ‘‘fiscal year 1997’’ and inserting SEC. 404. TECHNICAL CORRECTIONS TO RE- during the base period)) for administrative ‘‘each of fiscal years 1997 through 2002’’; SEARCH PROVISIONS OF FEDERAL costs common to determining the eligibility (4) in section 2381(e) (7 U.S.C. 3125b(e)), by AGRICULTURE IMPROVEMENT AND of individuals, families, and households eligi- striking ‘‘1997’’ and inserting ‘‘2002’’; and REFORM ACT OF 1996. ble or applying for the AFDC program and (5) in section 2412 (7 U.S.C. 6710), by strik- (a) SUPPLEMENTAL AND ALTERNATIVE CROPS the food stamp program, the AFDC program ing ‘‘1997’’ and inserting ‘‘2002’’. RESEARCH.—Section 819(b)(5) of the Federal and the medicaid program, and the AFDC

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program, the food stamp program, and the ‘‘(A) APPROPRIATION.—Out of any moneys (A) by redesignating subparagraphs (A) and medicaid program that were allocated to the in the Treasury not otherwise appropriated, (B) as clauses (i) and (ii), respectively; AFDC program; and the Secretary of the Treasury shall provide (B) by striking ‘‘(2) Any service’’ and in- ‘‘(B) the annualized amount the State to the Secretary $5,000,000 for fiscal year 1998 serting the following: would have received under section 403(a)(3) of and each fiscal year thereafter. ‘‘(2) MEALS AND SUPPLEMENTS.— the Social Security Act (42 U.S.C. 603(a)(3) ‘‘(B) ENTITLEMENT TO FUNDS.—The Sec- ‘‘(A) IN GENERAL.—Any service’’; (as so in effect)), section 1903(a)(7) of the So- retary shall be entitled to receive the funds (C) by striking ‘‘3 meals, or 2 meals and 1 cial Security Act (42 U.S.C. 1396b(a)(7) (as so made available under subparagraph (A) and supplement,’’ and inserting ‘‘4 meals’’; and in effect)), and subsection (a) of this section shall accept the funds. (D) by adding at the end the following: (as so in effect), for administrative costs ‘‘(C) USE OF FUNDS.—The Secretary shall ‘‘(B) CAMPS AND MIGRANT PROGRAMS.—A common to determining the eligibility of in- use the funds made available under subpara- camp or migrant program may serve a dividuals, families, and households eligible graph (A) to make payments under the Pro- breakfast, a lunch, a supper, and meal sup- or applying for the AFDC program and the gram— plements.’’. food stamp program, the AFDC program and ‘‘(i) in the case of the school breakfast pro- (3) NUMBER OF MEALS AND SUPPLEMENTS.— the medicaid program, and the AFDC pro- gram, to school food authorities for eligible Section 17(f)(2) of the National School Lunch gram, the food stamp program, and the med- schools; and Act (42 U.S.C. 1766(f)(2)) is amended by strik- icaid program, if those costs had been allo- ‘‘(ii) in the case of the summer food service ing subparagraph (B) and inserting the fol- cated equally among such programs for program for children, to service institutions. lowing: which the individual, family, or household ‘‘(D) INSUFFICIENT NUMBER OF APPLI- ‘‘(B) NUMBER OF MEALS AND SUPPLE- was eligible or applied for. CANTS.—The Secretary may expend less than MENTS.— ‘‘(3) REDUCTION IN PAYMENT.—Notwith- the amount described in subparagraph (A) ‘‘(i) IN GENERAL.—Except as provided in standing any other provision of this section, for a fiscal year to the extent that there is clause (ii), no reimbursement may be made effective for each of fiscal years 1998 through an insufficient number of suitable applicants to any institution under this paragraph, or 2002, the Secretary shall reduce, for each fis- to initiate or expand programs under this to a family or group day care home spon- cal year, the amount paid under subsection subsection for the fiscal year. soring organization under paragraph (3), for (a) to each State by an amount equal to the ‘‘(4) PRIORITY.—The Secretary shall make more than 2 meals and 1 supplement per day amount determined for the food stamp pro- payments under the Program on a competi- per child. gram under paragraph (2)(B). tive basis and in the following order of pri- ‘‘(ii) CHILD CARE.—A reimbursement may ‘‘(4) DETERMINATIONS NOT SUBJECT TO RE- ority (subject to the other provisions of this be made to an institution under this para- VIEW.—The determinations of the Secretary subsection) to: graph (but not a family or group day care of Health and Human Services under para- ‘‘(A) School food authorities for eligible home sponsoring organization) for 2 meals graph (2) shall be final and not subject to ad- schools to assist the schools with non- and 2 supplements, or 3 meals and 1 supple- ministrative or judicial review. recurring expenses incurred in— ment, per day per child for children that are ‘‘(5) ALLOCATION OF COMMON ADMINISTRA- ‘‘(i) initiating a school breakfast program maintained in a child care setting for 8 or TIVE COSTS.—In allocating administrative under this section; or more hours per day.’’. costs common to determining the eligibility ‘‘(ii) expanding a school breakfast pro- (4) EFFECTIVE DATE.—The amendments of individuals, families, and households eligi- gram. made by paragraphs (2) and (3) take effect on ble or applying for 2 or more State-adminis- ‘‘(B) Service institutions to assist the in- September 1, 1998. tered public benefit programs, the head of a stitutions with nonrecurring expenses in- (c) INFORMATION CLEARINGHOUSE.—Section Federal agency may require States to allo- curred in— 26(d) of the National School Lunch Act (42 cate the costs among the programs.’’. ‘‘(i) initiating a summer food service pro- U.S.C. 1769g(d)) is amended in the first sen- (b) MEALS FOR CHILDREN OF WORKING FAMI- gram for children; or tence by striking ‘‘$150,000’’ and all that fol- LIES.— ‘‘(ii) expanding a summer food service pro- lows through ‘‘1998’’ and inserting ‘‘$150,000 (1) GRANTS FOR LOW-INCOME AREAS.—Sec- gram for children. for fiscal year 1997, and $185,000 for each of tion 4 of the Child Nutrition Act of 1966 (42 ‘‘(5) PAYMENTS ADDITIONAL.—Payments fiscal years 1998 through 2002’’. U.S.C. 1773) is amended by adding at the end under the Program shall be in addition to (d) FOOD STAMP ELIGIBILITY FOR CERTAIN the following: payments under subsection (b) of this section INDIANS.— ‘‘(f) LOW-INCOME AREA GRANT PROGRAM.— and section 13 of the National School Lunch (1) EXCEPTION FOR CERTAIN INDIANS.—Sec- ‘‘(1) DEFINITIONS.—In this subsection: Act (42 U.S.C. 1761). tion 402(a)(2)(G) of the Personal Responsi- ‘‘(A) ELIGIBLE SCHOOL.—The term ‘eligible ‘‘(6) PREFERENCES.—Consistent with para- bility and Work Opportunity Reconciliation school’ means a school— graph (4), in making payments under the Act of 1996 (8 U.S.C. 1612(a)(2)(G)) is amend- ‘‘(i) attended by children, a significant per- Program for any fiscal year to initiate or ex- ed— centage of whom are members of low-income pand school breakfast programs or summer (A) in the subparagraph heading, by strik- families, as determined by the Secretary; food service programs for children, the Sec- ing ‘‘SSI EXCEPTION’’ and inserting ‘‘EXCEP- and retary shall provide a preference to a school TION’’; and ‘‘(ii)(I) as used with respect to a school food authority for an eligible school or serv- (B) by striking ‘‘program defined in para- breakfast program, that agrees to operate ice institution that— graph (3)(A) (relating to the supplemental se- the school breakfast program established or ‘‘(A) in the case of a summer food service curity income program)’’ and inserting expanded with the assistance provided under program for children, is a public or private ‘‘specified Federal programs described in this subsection for a period of not less than nonprofit school food authority; paragraph (3)’’. 3 years; and ‘‘(B) has significant public or private re- (2) BENEFITS FOR CERTAIN INDIANS.—Section ‘‘(II) as used with respect to a summer food sources that will be used to carry out the ini- 403(d) of the Personal Responsibility and service program for children, that agrees to tiation or expansion of the programs during Work Opportunity Reconciliation Act of 1996 operate the summer food service program for the year; (8 U.S.C. 1613(d)) is amended— children established or expanded with the as- ‘‘(C) serves an unmet need among low-in- (A) in the subsection heading, by striking sistance provided under this subsection for a come children, as determined by the Sec- ‘‘SSI AND MEDICAID’’; and period of not less than 3 years. retary; or (B) by striking ‘‘(a)(3)(A)’’ and inserting ‘‘(B) SERVICE INSTITUTION.—The term ‘serv- ‘‘(D) is not operating a school breakfast ‘‘(a)(3)’’. ice institution’ means an institution or orga- program or summer food service program for SEC. 502. INFORMATION TECHNOLOGY FUNDING. nization described in paragraph (1)(B) or (7) children, as appropriate. (a) IN GENERAL.—Section 4(g) of the Com- of section 13(a) of the National School Lunch ‘‘(7) RECOVERY AND REALLOCATION.—The modity Credit Corporation Charter Act (15 Act (42 U.S.C. 1761(a)). Secretary shall act in a timely manner to re- U.S.C. 714b(g)) is amended in the first sen- ‘‘(C) SUMMER FOOD SERVICE PROGRAM FOR cover and reallocate to other school food au- tence by striking ‘‘$275,000,000’’ and inserting CHILDREN.—The term ‘summer food service thorities for eligible schools or service insti- ‘‘$193,000,000’’. program for children’ means a program au- tutions any amounts under the Program that (b) EFFECTIVE DATE.—The amendment thorized by section 13 of the National School are not expended within a reasonable period made by subsection (a) takes effect on Octo- Lunch Act (42 U.S.C. 1761). (as determined by the Secretary). ber 1, 1997. ‘‘(2) ESTABLISHMENT.—The Secretary shall ‘‘(8) MAINTENANCE OF EFFORT.—Expendi- f establish a program under this subsection to tures of funds from State, local, and private be known as the ‘Low-Income Area Grant sources for the maintenance of the school EXECUTIVE SESSION Program’ (referred to in this subsection as breakfast program and the summer food the ‘Program’) to assist eligible schools and service program for children shall not be di- service institutions through grants to ini- minished as a result of payments received EXECUTIVE CALENDAR tiate or expand programs under the school under the Program.’’. breakfast program and the summer food (2) MEALS AND SUPPLEMENTS.—Section Mr. JEFFORDS. Mr. President, I ask service program for children. 13(b)(2) of the National School Lunch Act (42 unanimous consent that the Senate im- ‘‘(3) PAYMENTS.— U.S.C. 1761(b)(2)) is amended— mediately proceed to executive session

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11389 to consider the following nominations Senator THOMAS for up to 30 minutes; Treaty, which states in pertinent part on the Executive Calendar: Nos. 276, Senator DASCHLE, or his designee, for as follows: 280, 283, 284 and 285. up to 30 minutes. The parties may, by unanimous agreement, I further ask unanimous consent that I further ask unanimous consent that invite any other European state in a position the nominations be confirmed, the mo- at 12 noon the Senate proceed to the to further the principles of this Treaty and tion to reconsider be laid upon the consideration of S. 1292 regarding the to contribute to the security of the North table, any statements relating to the line-item veto matter. Atlantic area to accede to this treaty. nominations appear in the RECORD, and The PRESIDING OFFICER. Without So Article 10 sets up two conditions the President be immediately notified objection, it is so ordered. for Alliance membership. One, to fur- ther the principles of the Treaty, and, of the Senate’s action, and the Senate f then return to legislative session. two, to contribute to the security of The PRESIDING OFFICER. Without MEASURE PLACED ON THE the North Atlantic area. objection, it is so ordered. CALENDAR—S. 1173 Madam President, the principal focus of the Senate and expert commentators The nominations were considered and Mr. JEFFORDS. Mr. President, I ask thus far has been to examine whether confirmed as follows: unanimous consent that S. 1173 be the accession of Poland, Hungary and UNITED STATES ADVISORY COMMISSION ON placed back on the calendar. the Czech Republic will contribute to PUBLIC DIPLOMACY The PRESIDING OFFICER. Without European security. That is the second Harold C. Pachios, of Maine, to be a Mem- objection, it is so ordered. ber of the United States Advisory Commis- condition. And that is surely an appro- sion on Public Diplomacy for a term expiring f priate focus. July 1, 1999. PROGRAM For instance, one of my first con- UNITED STATES ADVISORY COMMISSION ON cerns was the impact that these addi- PUBLIC DIPLOMACY Mr. JEFFORDS. Mr. President, to- tions would have on democratization Paula Dobriansky, of Maryland, to be a morrow, following the 10:30 vote, there and movement to a market economy in Member of the United States Advisory Com- will be a period of morning business Russia, which I believe has a major mission on Public Diplomacy for a term ex- until 12 noon. bearing on European security. Those piring July 1, 1998. The Senate will begin consideration concerns have been greatly amelio- DEPARTMENT OF STATE of S. 1292, a bill disapproving the can- rated by the NATO-Russia Founding R. Nicholas Burns, of Virginia, a Career cellations transmitted by the President Act and other NATO initiatives. But Member of the Senior Foreign Service, Class on October 6. The measure has a 10- we also need to be aware of the other of Counselor, to be Ambassador Extraor- hour statutory time limitation. How- condition of Article 10; namely, to fur- dinary and Plenipotentiary of the United ever, it is the hope of the majority ther the principles of the Washington States of America to Greece. leader that much of that time may be Tom McDonald, of Ohio, to be Ambassador Treaty. yielded. Now, those principles are summed up Extraordinary and Plenipotentiary of the The Senate may also consider and United States of America to the Republic of in the preamble which reads as follows: Zimbabwe. complete action on any or all of the The Parties to this Treaty reaffirm their Mark Robert Parris, of Virginia, a Career following items: the District of Colum- faith in the purposes and principle of the Member of the Senior Foreign Service, Class bia appropriations bill, the FDA reform Charter of the United Nations and their de- of Minister-Counselor, to be Ambassador Ex- conference report, the Amtrak strike sire to live in peace with all peoples and all traordinary and Plenipotentiary of the resolution, the intelligence authoriza- governments. United States of America to the Republic of tion conference report, and any addi- They are determined to safeguard the free- Turkey. tional legislation or executive items dom, common heritage and civilization of f their peoples, founded on the principles of that can be cleared. democracy, individual liberty, and the rule LEGISLATIVE SESSION I also remind all Senators that under of law. rule XXII they have until 1 p.m. on The PRESIDING OFFICER. Under They seek to promote stability and well- Thursday in order to file timely being in the North Atlantic area. the previous order, the Senate will re- amendments to H.R. 2646, the A-plus They are resolved to unite their efforts for turn to legislative session. education savings account bill. collective defense and for the preservation of f Needless to say, all Senators should peace and security. ORDERS FOR THURSDAY, OCTOBER expect rollcall votes throughout Thurs- Those are the principles in the pre- 30, 1997 day’s session of the Senate. amble to the NATO Treaty. In the April 23 testimony of Sec- Mr. JEFFORDS. Mr. President, I ask f retary of State Albright and Secretary unanimous consent that when the Sen- ORDER FOR ADJOURNMENT of Defense Cohen before the Armed ate completes its business today it Services Committee that kicked off the Mr. JEFFORDS. Mr. President, if stand in adjournment until the hour of Senate ratification process, my first there is no further business to come be- 10 a.m. on Thursday, October 30. I fur- question to Secretary Albright dealt fore the Senate, I now ask that the ther ask that on Thursday, imme- with this issue. I asked her to list the Senate stand in adjournment under the diately following the prayer, the rou- criteria which will be applied in judg- previous order following the remarks of tine requests through the morning ing the applications for membership of Senator LEVIN. hour be granted. As in executive ses- the various countries. The PRESIDING OFFICER (Ms. COL- sion, I ask unanimous consent that the Secretary Albright responded as fol- LINS). Without objection, it is so or- Senate immediately proceed to execu- lows: dered. tive session for the consideration of Senator LEVIN, what we are doing is look- Calendar No. 324, Judge Siragusa, of The Senator from Michigan. ing at a general set of criteria that fit into New York, and the time between then Mr. LEVIN. I thank the Chair and my some of the comments that I made in my and 10:30 a.m. be equally divided be- good friend from Vermont. statement, as did Secretary Cohen. That is, tween the chairman and ranking mem- f we are interested in countries, first of all, ber. that can be active contributors to the Alli- I further ask consent that at 10:30 the NATO ENLARGEMENT ance. This is not a way of just trying to give Senate proceed to vote on the con- Mr. LEVIN. Madam President, I rise gifts to countries. This is the world’s strong- est military alliance, and members have to firmation of the nomination, and im- this evening to discuss an issue that re- be capable of pulling their weight in it. mediately following that vote the noti- lates to NATO enlargement that I be- And she continued: fication of the President, and upon re- lieve merits careful consideration by sumption of legislative session there be the Senate at this early stage of the We are looking at democracies, at free market systems. We are looking at the way a period of morning business until the ratification process. that countries treat their minorities, their hour of 12 noon with Senators to speak Enlargement of the Alliance is based attitude toward human rights. We are look- up to 5 minutes each with the following upon Article 10 of the North Atlantic ing to make sure that there is civilian con- exceptions: Treaty, also known as the Washington trol over the military, generally looking at

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11390 CONGRESSIONAL RECORD — SENATE October 29, 1997 the ways that they are approaching the post- member country if that country’s there is a nation in NATO now or that cold war world and their sense of responsi- democratically elected government is might be added later that no longer ad- bility toward their own populations. brought down by force. The suspension heres to those fundamental principles, She continued: requires the vote of two-thirds of the then I believe there should be a mecha- So in broadest terms, our criteria are, first member states. So in the OAS there is nism in NATO to suspend that country of all, their ability to contribute to this fore- most alliance, so that the alliance itself is a way of suspending a member who no so that we are not bound collectively never diluted; and, second, their bona fides longer complies with the criteria for to go to the defense of a nation that in terms of being functioning democracies membership in the OAS. doesn’t adhere to the fundamental with market systems that respect their peo- In the United Nations Charter, for in- principles which bind NATO. ple and where civilian and military relation- stance, it provides in Article 5 that a Accordingly, I believe that the Sen- ships are the kind that we believe are pursu- member against which preventive or ate should add a condition to its ratifi- ant to those ends. enforcement action has been taken by cation of the accession of new members Madam President, I believe that the Security Council may be suspended and that condition be that the North these are appropriate criteria for judg- from the exercise of the rights and Atlantic Treaty be amended to enable ing the suitability of countries for ad- privileges of membership. Moreover, NATO to suspend one of its members mission to the NATO Alliance. Addi- Article 6 of the United Nations Charter on the affirmative two-thirds vote of tionally—and this is my point this provides that a member who has per- the NATO countries. evening—I believe that they are appro- sistently violated the principles of the I thank the Chair for her patience to- priate criteria for continued member- Charter may, indeed, be expelled from night. I don’t think any motion or ship in the Alliance. In other words, I the United Nations. other action on my part is appropriate. believe that the criteria which are used When we review the Washington So I simply yield the floor. to judge a country’s suitability for Treaty that created NATO, we see that f membership should also remain appli- it has a provision, article 13, which en- cable during its membership, and that ables a NATO member to cease to be a ADJOURNMENT UNTIL 10 A.M. if a country fails to live up to those party 1 year after notice has been given TOMORROW criteria after becoming a member of by it, but the treaty does not contain The PRESIDING OFFICER. Under NATO, that a process should be avail- any provision or process for the suspen- the previous order, the Senate stands able whereby that country’s member- sion of a member nation. And, I think adjourned until 10 a.m. tomorrow ship can be suspended until it can once that it should. Specifically, I believe morning. again meet those criteria. that the NATO treaty should provide Thereupon, at 6:20 p.m., the Senate During the cold war, when the War- for a mechanism to suspend the mem- adjourned until Thursday, October 30, saw Pact posed a major threat to bership of a NATO member if that 1997, at 10 a.m. NATO, the emphasis understandably member no longer adheres to the prin- f was on the military contribution that ciples of the Washington Treaty. Like NATO members brought to the Alli- the recent amendment to the Charter NOMINATIONS ance. That has changed, however, in of the Organization of American Executive nominations received by the post-cold-war period. There is no States, the suspension of a NATO mem- the Senate October 29, 1997: current major threat to NATO member ber, I believe, should require the af- IN THE ARMY countries, and the rationale for en- firmative vote of two-thirds of the THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT largement of the Alliance in the members of NATO. IN THE RESERVE OF THE ARMY TO THE GRADE INDI- present environment, as the Alliance’s I want to quickly add, this proposal CATED UNDER TITLE 10, UNITED STATES CODE, SECTION 12203: own September 1995 ‘‘Study on NATO that we add a suspension provision to To be brigadier general Enlargement’’ makes clear, is different the NATO Charter is not aimed at any than it was during the cold-war period. of the current member countries. It is COL. DAVID R. IRVINE, 0000 Chapter 1 of the NATO study entitled not aimed at Poland or Hungary or the IN THE COAST GUARD ‘‘Purposes of Enlargement″ list the fol- Czech Republic. It is not aimed at any THE FOLLOWING-NAMED INDIVIDUAL FOR APPOINT- MENT AS A PERMANENT REGULAR OFFICER IN THE U.S. lowing as the first of seven ways in of the nine other members that sought COAST GUARD IN THE GRADE INDICATED UNDER TITLE which enlargement will contribute to NATO membership or any other na- 14, UNITED STATES CODE, SECTION 211: enhanced stability and security for all tions that may be contemplating seek- To be lieutenant (junior grade) countries in the Euro-Atlantic area as: ing membership in NATO in the future. WHITNEY L. YELLE, 0000 Encouraging and supporting democratic re- It is simply a mechanism which is IN THE NAVY forms, including civilian and democratic needed in any collective security THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT control over the military. agreement to assure that if a member TO THE GRADE INDICATED IN THE U.S NAVY UNDER Similarly, in listing 13 criteria for of that collective security pact no TITLE 10, UNITED STATES CODE, SECTION 624: possible new Alliance members, chap- longer adheres to the fundamental To be lieutenant commander ter 5 of the NATO study lists the fol- principles which bind that pact, that MATTHEW B. AARON, 0000 TODD A. ABLER, 0000 lowing as the very first criterion: the other members should have a CHARLES E. ADAMS, 0000 Conform to basic principles embodied in mechanism to suspend the country CHRISTOPHER A. ADAMS, 0000 the Washington Treaty: democracy, indi- DAVID J. ADAMS, 0000 which is no longer adhering to the fun- JEFFREY D. ADAMS, 0000 vidual liberty and the rule of law. damental principles. TAMMY M. ADAMS, 0000 I have reviewed several collective se- GLENN R. ALLEN, 0000 At the Armed Services Committee’s ROBERT J. ALLEN, 0000 curity treaties to which the United hearing with Secretaries Albright and LEE K. ALLRED, 0000 States is a party. In the course of that JUAN ALVAREZ, 0000 Cohen, I listed several major issues STEPHEN M. ANDERJACK, 0000 review, I discovered a number of rel- that the Senate would have to consider DOUGLAS J. ANDERSON, 0000 evant provisions; for instance, the ERIC B. ANDERSON, 0000 in the course of our examination of the MARK S. ANDERSON, 0000 Charter of the Organization of Amer- wisdom of NATO enlargement. One of MILTON D. ANDERSON, 0000 ican States, the world’s oldest regional WILLIAM H. ANDERSON, 0000 those issues was, ‘‘Should the United CHRISTOPHER P. ANKLAM, 0000 organization. While not as widely cele- States consider the security of Central MITCHELL APPEL, 0000 brated as some of the other charters, LAYNE M. K. ARAKI, 0000 European nations one of our Nation’s CHRISTOPHER L. ARCHUT, 0000 nonetheless all of the countries in the vital interests, so that we would go to KEITH M. ARMISTEAD, 0000 Americas but one are today demo- PETER S. ASBY, JR, 0000 war if their security is threatened?’’ ROGER A. ASCHBRENNER, 0000 cratic, and it should come as no sur- That is not the only issue, but it is a MARK R. ATWOOD, 0000 prise, then, although the event re- central issue. And I, for one, am not JEFFREY G. AUSTIN, 0000 LISA A. AVILA, 0000 ceived virtually no publicity, that on ready to put the lives of American HERMAN T. K. AWAI, 0000 September 25, with the ratification by youth at risk for a nation unless that ROBERT D. AZEVEDO, 0000 BRUCE G. BACHAND, 0000 Venezuela of the Protocol of Wash- nation adheres to the principles of the DANIEL K. BACON, JR, 0000 ington, the OAS Charter was amended Washington Treaty: democracy, indi- DANIEL K. BAGGETT, 0000 VERNON E. BAGLEY, 0000 to provide for the suspension of any vidual liberty, and the rule of law. If KEVIN W. BAILEY, 0000

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SCOTT M. BAILEY, 0000 STANLEY G. BURLINGAME, 0000 THOMAS L. DEARBORN, 0000 TODD E. BAILEY, 0000 DAVID L. BURNHAM, JR., 0000 GEOFFREY G. DEBEAUCLAIR, 0000 JOHN C. BAKER, 0000 LAURENCE T. BURNS, 0000 WILLIAM W. DEBOW, 0000 TIMOTHY H. BAKER, 0000 RICHARD A. BURR, 0000 JOSEPH A. DELEON, 0000 RICKY D. BALCOM, 0000 BRYAN P. BURT, 0000 CHARLES S. DELLINGER, 0000 KEVIN L. BALLINGER, 0000 JOHN A. BURTON, 0000 BRUCE R. DEMELLO, 0000 STEPHEN C. BALLISTER, 0000 CHRISTOPHER J. BUSHNELL, 0000 ALBERT E. DEMPSEY III, 0000 GRADY T. BANISTER III, 0000 WILLIAM S. BUTLER, 0000 THOMAS M. DENDY, 0000 ROBERT E. BANKER, JR., 0000 ROBERT C. BUZZELL, 0000 CARL J. DENI, 0000 TIMOTHY S. BARBIER, 0000 JAMES W. BYERLY, 0000 SUSAN V. DENI, 0000 MICHAEL G. BARGER, 0000 ANTHONY T. CALANDRA, 0000 CHARLES L. DENNIS, 0000 JOHN H. BARNARD, 0000 PETER J. CALLAGHAN, 0000 STEPHEN W. DENNIS, 0000 DANNY T. BARNES, 0000 KENNETH E. CALLEN, 0000 KENNETH B. DEPEW, 0000 DEBORAH K. BARNES, 0000 JOHN S. CALVERT, 0000 RODNEY P. DEWALT, 0000 HAROLD L. BARNES, 0000 PAUL T. CAMARDELLA, 0000 STEVEN M. DEWITT, 0000 JOHN H. BARNET, JR., 0000 ANDREW R. CAMERON, 0000 SCOTT R. DIAZ, 0000 GLENN E. BARRICK, 0000 CHRISTIAN G. CAMERON, 0000 JOSEPH A. DICKINSON, 0000 JEFFREY B. BARRON, 0000 JAMES R. CAMPBELL, 0000 ERICH W. DIEHL, 0000 MARK C. BARRY, 0000 JOHN C. CAMPBELL, 0000 GARRY W. DILDAY, 0000 THOMAS BAU, 0000 WILLIAM R. CAMPBELL, 0000 THOMAS W. DILL, 0000 RICHARD W. BAUER, 0000 JOEL M. CANNON, 0000 DAVID S. DIMITRIOU, 0000 GREGG W. BAUMANN, 0000 JON C. CANNON, 0000 SCOTT M. DIX, 0000 BENITO E. BAYLOSIS, 0000 ROBERT L. CAPPS, 0000 CHRISTOPHER J. DIXON, 0000 CABELL W. BAYNES, 0000 MICHAEL A. CARAMBAS, 0000 MATTHEW DIXON, 0000 BRENT R. BEABOUT, 0000 KENNETH W. CARAVEO, 0000 WILLIAM A. DONEY, JR, 0000 SCOTT A. BEARE, 0000 PAMELA K. L. CAREL, 0000 CATHERINE K. DONOHUE, 0000 MARTIN R. BEAULIEU, 0000 ROBERT S. CARLISLE, 0000 JAMES F. DOODY, 0000 JOHN T. BEAVER, JR., 0000 MARK S. CARLTON, 0000 THOMAS A. DOPP, 0000 MICHAEL P. BEAVERS, 0000 DAVID J. CARRILLO, 0000 CHAD O. DORR, 0000 WALTER E. BECK, 0000 MICHAEL CARSLEY, 0000 KEVIN A. DOWGIEWICZ, 0000 CHRISTIAN D. BECKER, 0000 JOHN P. CARTER, 0000 JAMES P. DOWNEY, 0000 MARK A. BECKER, 0000 CHARLES L. CASH, 0000 CHRISTOPHER S. DREWELLO, 0000 MIRIAM D. BECKER, 0000 EDWARD B. CASHMAN, 0000 DAWN H. DRIESBACH, 0000 KYLE B. BECKMAN, 0000 CHARLES J. CASSIDY, 0000 STEVEN P. DUARTE, 0000 THOMAS R. BELESIMO III, 0000 JERRY M. CATRON, JR., 0000 SCOTT A. DUFFY, 0000 JERRI A. BELL, 0000 GERALD J. CAVALIERI, JR., 0000 SCOTT E. DUGAN, 0000 MICHAEL D. BELL, 0000 DAVID CELA, 0000 JAMES J. DUKE, JR, 0000 ROBERT J. BELLO, 0000 GINO CELIA, JR., 0000 JOHN M. DULLUM, 0000 DAVID C. BEMENT, 0000 TIMMIE R. CHAMBERS, 0000 JOHN L. DUMAS, 0000 ELIZABETH M. BENDEL, 0000 CHARLES J. CHAN, 0000 JOSEPH R. DUNDAS, 0000 MARK B. BENJAMIN, 0000 TIMOTHY J. CHARLESWORTH, 0000 MARK B. DUNLEAVY, 0000 STEVEN M. BENKE, 0000 CHARLES T. CHASE, 0000 CHRISTOPHER E. DUNPHY, 0000 MICHAEL L. BENO, 0000 MICHAEL A. CHEATWOOD, 0000 DANIEL W. DWYER, 0000 KIRK R. BENSON, 0000 CARL P. CHEBI, 0000 CHARLES S. DYE, 0000 STEVEN G. BETHKE, 0000 DAVID D. CHELSEA, 0000 JAMES EASAW, 0000 TODD R. BIBZA, 0000 MICHAEL F. CHESIRE, 0000 BRETT K. EASLER, 0000 JAMES S. BIGGS, 0000 LEDA M. L. CHONG, 0000 JEFFERY P. EATON, 0000 RACHEL L. P. BILLINGSLEY, 0000 PAUL H. CHRISMAN, 0000 DAVID M. ECCLES, 0000 PATRICK J. BINDL, 0000 JOHNNY D. CHRISTENSEN, 0000 DAVID M. EDGECOMB, 0000 DAVID G. BISAILLON, 0000 PETER J. CHRISTENSEN, 0000 SCOTT A. EDWARDS, 0000 SCOTT R. BISCHOFF, 0000 WARREN B. CHRISTIE III, 0000 BRIAN F. EGGLESTON, 0000 DONALD R. BISHOP, 0000 DANIEL G. CHRISTOFFERSON, 0000 EDWARD W. EIDSON, 0000 JOHN P. BISSA, 0000 ANDREW L. CIBULA, 0000 JOSEPH A. ELLENBECKER, 0000 FRANCIS J. BITZAN, 0000 ARTHUR E. CIMILUCA, JR., 0000 MARK R. H. ELLIOTT, 0000 SHARON M. BITZER, 0000 DAVID A. CIMPRICH, 0000 JAMES M. ELLIS, 0000 JONATHAN D. BLACKER, 0000 GREGORY S. CLARK, 0000 NEALE R. ELLIS, 0000 CHARLES R. BLAIR, 0000 STEVEN M. CLARKE, 0000 MICHAEL A. ELSBERG, 0000 DAVID I. BLAIR, 0000 LARRY A. CLAWSON, JR., 0000 JOHN P. ELSTAD, 0000 DONALD L. BLAIR, JR., 0000 KENNETH E. CLEVELAND, 0000 ELLEN H. EMERSON, 0000 DONOVAN F. BLAKE, 0000 JOHN W. CLIFTON, 0000 TERENCE G. EMMERT, 0000 ROBERT M. BLAKE II, 0000 JAMES COCKLIN, JR., 0000 STEPHEN M. EMSWILER, 0000 SCOTT R. BLAKE, 0000 JAMES P. CODY, 0000 RICHARD D. ENGLE, 0000 RICHARD P. BLANK, 0000 GEOFFREY D. COGAN, 0000 JOHN G. ENGLER III, 0000 PAULA S. BLOOM, 0000 HANK A. COLBURN, 0000 SEAN T. EPPERSON, 0000 DOUGLAS A. BOERMAN, 0000 DANIEL J. COLE, 0000 ELLEN ERICKSON, 0000 JEAN P. BOLAT, 0000 ROBERT E. COLEMAN, 0000 RICHARD S. ERIE, 0000 WAYNE D. BOLL, 0000 THOMAS R. COLEMAN, 0000 KARL A. ERIKSON, 0000 DAVID A. BONDURA, 0000 MICHAEL J. COLMAN, 0000 DALE L. ERLEWINE, 0000 ANDREW J. BOOTH, 0000 ANTHONY C. CONANT, 0000 JEFFREY R. ERMERT, 0000 LEONARD H. BORGDORFF, 0000 TIMOTHY W. CONWAY IV, 0000 BURT L. ESPE, 0000 JOSEPH H. BORJA, 0000 ARTHUR T. COOGAN III, 0000 PAUL E. ESPINOSA, 0000 DAVID L. BOSSERT, 0000 THOMAS L. S. COOK, 0000 JOHN M. ESPOSITO, 0000 BRADFORD L. BOTKIN, 0000 ROBERT P. COOKE, JR., 0000 PAUL M. ESPOSITO, 0000 JAMES W. BOUCK, 0000 CHARLES B. COOPER II, 0000 THOMAS V. EVANOFF II, 0000 RICHARD F. BOWEN, JR., 0000 DAVID A. COPP, 0000 ASHLEY D. EVANS, 0000 MARK L. BOWLIN, 0000 RANDALL D. CORBELL, 0000 COLEY L. EVANS, 0000 JAY S. BOWMAN, 0000 FARON J. CORDREY, 0000 JOSEPH H. EVANS, 0000 ALAN L. BOYER, 0000 TIMOTHY J. CORKERY, 0000 JOSEPH S. EVERSOLE, 0000 MICHAEL E. BOYLE, 0000 KELLY J. CORMICAN, 0000 BRIAN G. FALKE, 0000 MICHAEL R. BOYLE, 0000 RICHARD L. CORNWALL, 0000 TIMOTHY C. FALLER, 0000 GEORGE E. BRADSHAW III, 0000 TIMOTHY J. CORRIGAN, 0000 NIELS A. FARNER, 0000 ROBERT F. BRADSHAW, 0000 SCOTT E. CORSANO, 0000 BRUCE C. FAUVER, 0000 DAVID L. BRAGG, 0000 KEVIN A. CORY, 0000 JOHN P. FEENEY, JR., 0000 DWIGHT A. BRANDON II, 0000 PATRICK COSTELLO, 0000 DAVID FELLER, 0000 THOMAS P. BRASEK, 0000 JOHN M. COTTINGHAM, 0000 JEFFREY W. FENTON, 0000 THOMAS I. BREED, 0000 STEPHEN J. COUGHLIN, 0000 KENT C. FERGUSON, 0000 JOSEPH R. BRENNER, JR., 0000 KEVIN M. COYNE, 0000 RANDYALLEN FERGUSON, 0000 CLARK V. BRIGGER, 0000 KURTIS W. CRAKE, 0000 SCOTT C. FERRIS, 0000 GRANT A. BRIGGER, 0000 RONALD L. CRANFILL, 0000 DAVID W. FISCHER, 0000 VOLTAIRE H. BRION, 0000 LAURENCE A. CRAWFORD, 0000 JAMES J. FISHER, 0000 GARY L. BRISTER, 0000 JASON W. CRONIN, 0000 SCOTT J. FISHER, 0000 DONALD R. BRITTAIN, JR., 0000 BARRY W. CROSBY, JR, 0000 LAURENCE W. FITZPATRICK, 0000 JEFFREY B. BRITTON, 0000 THOMAS R. CROWELL, 0000 CARLOS E. FLANAGAN, 0000 BRENT R. BROOKS, 0000 ALLEN R. CRUZ, 0000 EDWARD M. FLANAGAN, 0000 PATRICK M. BROPHY, 0000 DENNIS R. CRUZ, 0000 TODD J. FLANNERY, 0000 BRUCE W. BROSCH, 0000 JEFFREY C. CRYMES, 0000 ANDREW FLEMING, 0000 RODNEY A. BROWER, 0000 JUAN D. CUESTA, 0000 THOMAS G. FLETCHER, 0000 BRADFORD L. BROWN, 0000 DAVID A. CULLER, JR, 0000 DAVID L. FLOODEEN, 0000 JAMES A. BROWN, 0000 MICHAEL L. CUNNINGHAM, 0000 GREGORY J. FLORENCE, 0000 JEFFREY M. BROWN, 0000 DANIEL L. CURRIE III, 0000 MICHAEL S. FLOYD, 0000 LINSLY G. M. BROWN, 0000 PATRICK N. CURTIN III, 0000 JOSEPH D. FLYNN, 0000 MARSHALL B. BROWN, 0000 DAVID C. CUTTER, 0000 JUDITH M. FORTIER, 0000 WILLIAM D. BROWN III, 0000 DANIEL M. DABERKOE, 0000 KEVIN D. FOSTER, 0000 STEVEN P. BROWNE, 0000 JONATHAN B. DACHOS, 0000 PAUL J. FOSTER, 0000 TIMOTHY G. BRUCE, 0000 MICHELE A. DALEYRYAN, 0000 SEAN P. FOX, 0000 BOBBY BRYANT, 0000 BERNARD L. DALLY, 0000 STANLEY L. FOX II, 0000 RICHARD R. BRYANT, 0000 JAMES DALTON, 0000 DAVID M. FRAVOR, 0000 MICHAEL BUCHANAN, 0000 CHARLES L. DANIELS II, 0000 JON FREDAS, 0000 GREGORY R. BUCK, 0000 KATHLEEN B. DANIELS, 0000 JOHN N. FREEBURG III, 0000 EDGAR D. BUCLATIN, 0000 FREDERICK W. DAU IV, 0000 WILLIAM D. FRENCH, 0000 DELL D. BULL, 0000 DARYL S. DAVIS, 0000 GREGORY C. FRIEND, 0000 BRADLEY C. BURGESS, 0000 MARIA J. DAVIS, 0000 MERL W. FUCHS, 0000 KEITH N. BURGESS, 0000 MICHAEL C. DAVIS, 0000 DANIEL E. FUHRMAN, 0000 JASON B. BURKE, 0000 PHILIP D. DAVIS, 0000 SCOT A. FUHRMAN, 0000 MICHAEL F. BURKE, 0000 WILLIAM J. DAVIS, 0000 MICHAEL B. FULKERSON, 0000 STEPHEN N. BURKE, 0000 GREGORY E. DAWSON, 0000 JOHN V. FULLER, 0000 GARY A. BURKHOLDER, 0000 GLENROY E. DAY, JR, 0000 DONALD D. GABRIELSON, 0000

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JOHN C. GAFFE, 0000 BRYAN E. HERDLICK, 0000 RICHARD W. KAMMANN, JR, 0000 STEPHANIE GAINER, 0000 TRACY W. HERNANDEZ, 0000 SHEILA KAPITULIK, 0000 WALTER GAINER III, 0000 MICHAEL A. HERRERA, 0000 RICARDO J. KARAKADZE, 0000 SCOTT R. GALLAGHER, 0000 PATRICK B. HERRINGTON, 0000 ROBERT D. KASS, 0000 CARLOS E. GALVEZ, JR., 0000 BARBARA P. HESS, 0000 JAMES A. KASTLE, 0000 ROBERT D. GAMBERG, 0000 WILLIAM F. HESSE, 0000 RICHARD M. KAY, 0000 ANDREW J. GAMBLE, 0000 WILLIAM A. HESSER, JR., 0000 ROBERT T. KAY, 0000 ANTHONY R. GAMBOA, 0000 KIRK R. HIBBERT, 0000 JOHN T. KEANE, JR, 0000 TORSTEN A. GARBER, 0000 TODD W.H. HICKERSON, 0000 DOUGLAS F. KELLER, 0000 ARTURO M. GARCIA, 0000 ROBERT A. HICKEY, 0000 JAMES P. KELLOGG, 0000 DANIEL L. GARCIA, 0000 MICHAEL E. HICKS, JR., 0000 MARY C. KELLY, 0000 HECTOR GARCIA, 0000 HOWARD J. HIGGINS, 0000 MICHAEL M. KELLY, 0000 RUBEN M. GARCIA, 0000 RONALD L. HIGGS, JR., 0000 PATRICK M. KELLY, 0000 ANNETTE M. GARDINAL, 0000 KARL A. HILBERG, 0000 SCOTT K. KELLY, 0000 STEVEN R. GARDNER, 0000 GREGORY A. HILDEBRAND, 0000 JUDY L. KEMPISTY, 0000 JOHN P. GASPERINO, 0000 ANDREW J. HILL, 0000 ROBERT L. KENDALL, 0000 EMMET S. GATHRIGHT, 0000 KIM D. HILL, 0000 STEPHEN J. KENNEDY, 0000 JOHN C. GAWNE, JR., 0000 JAMES R. HITT, 0000 TROY J. KENNEDY, 0000 JAMES R. GEAR, JR., 0000 ROBERT L.R. HODGE, 0000 JOHN E. KENNINGTON, 0000 ROBERT N. GEIS, 0000 MARY T. HOEKSEMA, 0000 JAMES A. KERR, 0000 JOHN R. GENSURE, 0000 JAMES P. HOGAN, 0000 JOSEPH P. KERSTIENS, 0000 JOSEPH A. GHERLONE, JR., 0000 JUAN J. HOGAN, 0000 TODD A. KIEFER, 0000 MICHAEL J. GIANNELLI, 0000 SCOTT M. HOGAN, 0000 DOUGLAS P. KIEM, 0000 TIMOTHY W. GIBBONS, 0000 DAVID R. HOGSTEN, 0000 ANDREW S. KING, 0000 RICHARD T. GILLIN, 0000 JERRY K. HOLDEN, 0000 JOHNNY C. KING, 0000 DONALD A. GISH, 0000 DOUGLAS J. HOLDERMAN, 0000 STEWART E. KING, 0000 KEVIN J. GISH, 0000 THOMAS A. HOLE, 0000 JEFFREY H. KIRBY, 0000 TEMIJUIIN H. GLASS, 0000 PATRICK R. HOLLEN, 0000 RICHARD R. KIRCHNER, 0000 LAWRENCE E. GLOSS, 0000 MICHAEL K. HOLLOWELL, 0000 THOMAS K. KISS, 0000 JAMES D. GODEK, 0000 CHRISTOPHER D. HOLMES, 0000 BRENT R. KLAVON, 0000 ANNE M. GODFREY, 0000 ALAN W. HOLT II, 0000 KYLE D. KLIEWER, 0000 JAMES E. GOEBEL, 0000 PATRICK T. HOLUB, 0000 DANIEL B. KLINE, 0000 HOWARD S. GOLDMAN, 0000 DAVID A. HONABACH, 0000 DEAN W. KLUSS, 0000 CURTIS L. GOMER, 0000 HERBERT H. HONAKER, 0000 RANDALL G. KNAPP, 0000 THOMAS C. GOMEZ, 0000 DAVID M. HONE, 0000 JAMES A. KNORTZ, 0000 HERMANN F. GONZALEZ, 0000 GEORGE H. HONEYCUTT II, 0000 EDWARD R. KNOWLES, 0000 CHARLES M. GORDON, 0000 MARK A. HOOPER, 0000 BRIAN D. KOEHR, 0000 JOHN J. GORDON, 0000 JOHN M. HOOPES, 0000 DOUGLAS H. KOEKKOEK, 0000 ALAN B. GORSKI, 0000 TIMOTHY HOOYER, 0000 BRYAN S. KOHN, 0000 GREGORY A. GORTON, 0000 STEVEN D. HOPE, 0000 MATTHEW B. KOLOSEIKE, 0000 FREDERICK J. GOSEBRINK II, 0000 WILLIAM D. HOPPER, 0000 WILLIAM P. KOPPER, 0000 GARY A. GOTHAM, 0000 PAUL T. HORAN, 0000 CHRISTOPHER A. KORN, 0000 SCOTT C. GOVER, 0000 BRIGITTE HORNER, 0000 ERIC R. KOSTEN, 0000 CHARLES F. GOVIER, 0000 JAMES E. HORTEN, 0000 TODD D. KOTOUCH, 0000 JAMES J. GRACIO, 0000 JAMES D. HOUCK, 0000 KEVIN E. KRAUS, 0000 TRACY A. GRAHAM, 0000 DAVID B. HOWARD, 0000 DOUGLAS R. KREBS, 0000 WILLIAM R. GRAHAM, 0000 DONALD B. HOWARD, 0000 MICHAEL H. KRISTY, 0000 PIERRE J. GRANGER, 0000 JAMES F. HRUSKA, 0000 JOHN KROPCHO III, 0000 DOUGLAS W. GRANT, 0000 STEVEN R. HUBBELL, 0000 STEPHEN M. KRUEGER, 0000 JAMES D. GRASSEY, 0000 SETH F. HUDGINS III, 0000 DENISE M. KRUSE, 0000 THOMASCOPP GRAVES, 0000 ROBERT E. HUDSON, 0000 ANDREW R. KUEPPER, 0000 CHRISTOPHER S. GRAY, 0000 WARREN G. HUELSNITZ, 0000 JEFFREY A. KUHLMAN, 0000 JAMES L. GRAY, JR., 0000 MICHAEL T. HUFF, 0000 ERIC G. KUKANICH, 0000 JOHN K. GREEN, JR., 0000 WAYNE R. HUGAR, 0000 TIMOTHY M. KUNKEL, 0000 JAMES R. GREENBURG, 0000 JONATHAN R. HUGGINS, 0000 PAMELA S. KUNZE, 0000 DAVID R. GREER, 0000 FRANCIS M. HUGHES III, 0000 MICHAEL C. KVICALA, 0000 JOHN L. GREER, 0000 JEFFREY W. HUGHES, 0000 ERIC R. KYLE, 0000 PAUL GRIFFIN, JR., 0000 TREVOR C. HUNLEY, 0000 STEVEN J. LABOWS, 0000 THOMAS G. GRIFFIN, JR, 0000 DAVID R. HUNT, 0000 PETER C. LACHES, 0000 ERIC F. GRIFFITH, 0000 JOHN M. HUNT, 0000 KARL A. LADO, JR, 0000 GLENN E. GROESCH, 0000 KEVIN D. HUNT, 0000 JAMES P. LAINGEN, 0000 DAVID M. GROFF, 0000 RAYMOND B. HURD, JR., 0000 NANCY D. LAKE, 0000 BART L. GROSSMAN, 0000 DANIEL J. HURDLE, 0000 JOHN H. LAMB, 0000 TIMOTHY J. GROUT, 0000 CLEM P. HURN, 0000 DAVID J. LAMBERT, 0000 MICHAEL H. GUERRERA, 0000 RODNEY E. HUTTON, 0000 CHRISTOPHER A. LAMM, 0000 JOSEPH P. GUERRERO, 0000 CHRISTOPHER K. HYDER, 0000 JAMES W. LANDERS, 0000 ROBERTO I. GUERRERO, 0000 HEWITT M. HYMAS, 0000 JAMES L. LANE, JR., 0000 THOMAS K. GUERRERO, 0000 KENNETH A. INGLESBY, 0000 GEORGE E. LANG, JR., 0000 MARK B. GUEVARRA, 0000 MARK T. INNES, 0000 TIMOTHY K. LANGDON, 0000 MICHELLE A. GUIDRY, 0000 JOHN R. IRVIN, 0000 GREGORY E. LAPUT, 0000 SCOTT F. GUIMOND, 0000 DENNIS M. IRWIN, 0000 ROBERT B. LARUE, 0000 DAVID W. GUNDERSON, 0000 KENNETH R. IRWIN, JR., 0000 FREDERICK LATRASH, 0000 BRIAN C. GURR, 0000 THOMAS E. ISHEE, 0000 THOMAS D. LATTOMUS, 0000 FRANCIS R. GUTIERREZ, JR., 0000 JILL M. ITO, 0000 SEAN P. LAUGHLIN, 0000 MICHAEL F. GUYER, 0000 JEFFREY T. JABLON, 0000 ERIC H. LAW, 0000 MATTHEW K. HAAG, 0000 DARRYL F. JACKSON, 0000 HARRY E. LAWSON, JR., 0000 STEVEN J. HADDAD, 0000 MARY M. JACKSON, 0000 JEFFERY E. LAY, 0000 TODD W. HAGE, 0000 DOUGLAS M. JACOBSEN, 0000 SCOTT C. LEACH, 0000 PAUL P. HAGERTY, 0000 RHETT R. JAEHN, 0000 STEVEN E. LEAHY, 0000 RICHARD E. HAIDVOGEL, 0000 KENNETH W. JALALI, 0000 WILLIAM J. LEAR, JR, 0000 MICHAEL W. HAIJSMAN, 0000 SHAWN D. JAMES, 0000 MARK D. LECHNER, 0000 IAN M. HALL, 0000 STEVEN M. JAMES, 0000 BRADLEY LEE, 0000 DAVID D. HALLISEY, 0000 HERBERT A. JANSEN, 0000 DANIEL G. LEE, 0000 KENNETH T. HAM, 0000 MARK M. JAREK, 0000 RICKY A. LEE, 0000 QUINTON HAMEL, 0000 PAUL J. JARRETT, 0000 DENNIS M. LEETE, 0000 BRUCE H. HAMILTON, 0000 RICHARD A. JEFFRIES, 0000 DIDIER A. LEGOFF, 0000 ALLEN W. HAMMERQUIST, 0000 JOHN R. JENSEN, JR, 0000 GREGG D. LEHOCKY, 0000 MICHAEL J. HAMMOND, 0000 ROSALIE A. JEPSKY, 0000 ANDREAS LEINZ, 0000 BETH J. HANKINS, 0000 NORBERTO G. JIMENEZ, JR, 0000 JOHN S. LEMMON, 0000 DOUGLAS D. HANLON, 0000 RICHARD O. JOHNS, 0000 MICHAEL T. LENTS, 0000 PHILIP L. HANS IV, 0000 WILLIAM D. JOHNS, 0000 HOWARD F. LENWAY, 0000 DOUGLAS J. HANSON, 0000 DAVID A. JOHNSON, 0000 LUIS A. LEON, JR., 0000 KURT P. HARDY, 0000 DAVID E. JOHNSON, 0000 JEFFRY P. LEPORTE, 0000 ROBERT W. HARGRAVE, 0000 ERIK N. JOHNSON, 0000 DONALD B. LESH, 0000 CHRISTOPHER L. HARKINS, 0000 GREGORY S. JOHNSON, 0000 MATTHEW A. LETOURNEAU, 0000 MICHAEL W. HARLOW, 0000 HOBART C. JOHNSON, 0000 WILLIAM T. LEUTZ, 0000 ROBERT S. HARRILL, 0000 KURT B. JOHNSON, 0000 CHRISTOPHER R. LEVESQUE, 0000 MICHAEL S. HARRINGTON, 0000 LEE M. JOHNSON, 0000 ALBERT S. LEWIS II, 0000 ROBERT S. HARRINGTON, 0000 MARK A. JOHNSON, 0000 SCOTT M. LEWIS, 0000 GREGORY N. HARRIS, 0000 MARK S. JOHNSON, 0000 ROGER W. LIGON, 0000 LESLIE H. HARRIS, 0000 RANDY L. L. JOHNSON, 0000 JACK C. LIKENS, JR., 0000 RONALD J. HARRIS, 0000 SHIRL D. JOHNSON, 0000 CLAUDE P. R. LIM, 0000 WILLIAM O. HARRIS III, 0000 TROY A. JOHNSON, 0000 DANIEL B. LIMBERG, 0000 BERNARD C. HARRISON III, 0000 WILLIAM S. JOHNSON, 0000 RICHARD W. LINDSAY, 0000 CLAYTON A. HARTMAN, 0000 JAMES H. JONES, 0000 KEITH L. LINDSEY, 0000 KARL M. HARTMAN, 0000 JOHN R. JONES, 0000 RICHARD J. LINEHAN, 0000 KAREN A. HASSELMAN, 0000 JOHNATHAN L. JONES, 0000 FRANK S. LINKOUS, 0000 ROBERT N. HEIN, JR., 0000 MICHAEL C. JONES, 0000 KENNETH V. LINKOUS, JR., 0000 JURGEN HEITMANN, 0000 TIMOTHY W. JONES, 0000 CHARLES E. LITCHFIELD, 0000 ERIC HENDRICK, 0000 MATTHEW J. JORDAN, 0000 ERIC L. LITTLE, 0000 ERIC J. HENDRICKSON, 0000 PERNELL A. JORDAN, 0000 R. E. LIVINGSTON IV, 0000 HENRY J. HENDRIX II, 0000 JEFFREY D. JORGENSEN, 0000 STEVEN E. LOEFFLER, 0000 ROBERT T. HENNESSY, 0000 DONNA M. JOYAL, 0000 ANDREW J. LOISELLE, 0000 DAMON M. HENRY, 0000 FRANCISCO M. JUANCHE, 0000 MARK H. LOKAY, 0000 DENNIS F. HENSLEY, 0000 DAVID R. JUNGERS, 0000 JOHN M. LONGHINI, 0000 DONALD R. HENSLEY, JR., 0000 VERNON L. JUNKER, 0000 STEPHEN E. LORENTZEN, 0000 RICHARD F. HERBST, 0000 JAY A. KADOWAKI, 0000 GREGORY K. LORICK, 0000

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MARK LOTZE, 0000 GERALD M. MOST, 0000 STEVEN R. RASMUSSEN, 0000 CHRISTOPHER A. LOTZIA, 0000 ANDREW J. MUELLER, 0000 RONALD L. RAVELO, 0000 TY E. LOUTZENHEISER, 0000 KEVIN S. MUHS, 0000 MICHAEL D. RAYFIELD, 0000 RANDALL L. LOVELL, 0000 GREGORY A. MUNNING, 0000 GREGORY L. REED, 0000 RODNEY K. LUCK, 0000 DOUGLAS M. MURPHY, 0000 DAVIS B. REEDER, 0000 DOUGLAS A. LUCKA, 0000 THOMAS P. MURPHY, 0000 GREGORY A. REHARD, 0000 ANTHONY J. LUDOVICI, 0000 WILLIAM R. MUSCHA, 0000 WILLIAM D. REID, 0000 MARY E. LUGENBEAL, 0000 ALBERT F. MUSGROVE II, 0000 ROBERT A. REIFENBERGER, 0000 RANDALL J. LYNCH, 0000 MARK E. MUZII, 0000 WILLIAM REILLY, JR., 0000 JOSEPH F. LYONS, 0000 RANDALL J. NASH, 0000 SCOTT E. REIN, 0000 PAUL J. LYONS, 0000 CARL D. NEIDHOLD, 0000 KURT B. REINHOLT, 0000 BRADLEY J. MAAK, 0000 LOURDES T. NEILAN, 0000 ARTHUR J. REISS, 0000 WILLIAM A. MACCHIONE, 0000 RICHARD D. NELSON, 0000 LEONARD V. REMIAS, 0000 MATTHEW P. MACIEJEWSKI, 0000 WILLIAM L. NELSON, 0000 JAMES L. REYBURN, 0000 WILLIAM C. MACK, 0000 MICHAEL D. NEUMANN, 0000 TIMOTHY D. REYNOLDS, 0000 WILLIAM G. MACMILLAN, 0000 SAMUEL W. NEWMAN, 0000 WILLIAM F. REYNOLDS, 0000 THOMAS H. MACRAE, 0000 JAMES P. NICHOLS, 0000 ANN Y. RHIE, 0000 MICHAEL G. MADISON, 0000 ROLANDO R. NIEVES, 0000 CHRISTOPHER A. RHODEN, 0000 MARK P. MAGLIN, 0000 BRAD A. NISSALKE, 0000 JAMES E. RICHARDSON, 0000 ALBERT J. MAGNAN, 0000 ROY L. NIXON, 0000 HARRY M. RIDDLE, 0000 WILLIAM D. MALONE, 0000 JAMES W. NOLAN, 0000 JOHN C. RING, 0000 MOSE L. MANINI III, 0000 RHODY V. NORNBERG, 0000 JOHN F. RINKO, 0000 CHERYL D. MANNING, 0000 HOWARD J. NUDI, 0000 JAMES F. RISLEY, 0000 SCOTT A. MAPLE, 0000 JAMES M. NULL, 0000 ROBERT E. RITCHEY, JR, 0000 SCOTT A. MARGULIS, 0000 MICHAEL W. OATES, 0000 BRADLEY W. ROBERSON, 0000 CHARLES B. MARKS III, 0000 KAREN L. OBERG, 0000 JOHN L. ROBEY, 0000 WILLIAM E. MARPLE, 0000 CATHAL S. O’CONNOR, 0000 DAVID A. ROBINSON, 0000 DANIEL P. MARSHALL, 0000 RICHARD M. ODOM II, 0000 GEORGE S. ROBINSON, 0000 GEOFFREY K. MARSHALL, 0000 THOMAS P. O’DOWD, 0000 MITCHELL O. ROBINSON, 0000 MATTHEW J. MARTIN II, 0000 JAMES D. O’LEARY II, 0000 THOMAS L. ROBINSON, 0000 MICHAEL R. MARTIN, 0000 MARIE E. OLIVER, 0000 KIMBERLY A. RODDY, 0000 MICHAEL W. MARTIN, 0000 DARREN M. OLSON, 0000 SHARON L. RODDY, 0000 RANDALL H. MARTIN, 0000 MICHAEL S. ONAN, 0000 PETER J. ROEDL, 0000 ANTONIO R. MARTINEZ, 0000 DONALD K. O’NEILL, 0000 JEFFREY M. ROGALINER, 0000 WILLIAM H. MASON, JR., 0000 THOMAS E. O’NEILL IV, 0000 SCOTT W. ROGERS, 0000 JAMES N. MASSELLO, 0000 MICHAEL F. OTT, JR., 0000 THOMAS E. ROGERS, 0000 TODD H. MASSIDDA, 0000 MARC R. OUELLET, 0000 JAMES A. ROICK, 0000 TIMOTHY E. MATTISON, 0000 LINDA D. OVERBY, 0000 PETER A. ROLLICK, 0000 JOHN E. MAWHINNEY, 0000 MARTIN E. PACE, 0000 CHRISTOPHER A. ROLLINS, 0000 GREGORY K. MAXEY, 0000 RANDALL C. PACKARD, 0000 JAMES R. RONKA, 0000 KATHERINE A. MAYER, 0000 TINA M. PACO, 0000 TIMOTHY B. ROONEY, 0000 GARY A. MAYES, 0000 EDWARD E. PALMER III, 0000 PHILIP H. ROOS, 0000 DANIEL J. MAYO, 0000 BOBBY J. PANNELL, 0000 THOMAS P. ROSDAHL, 0000 MICHAEL P. MAZZONE, 0000 SAMUEL J. PAPARO, JR., 0000 ERIK M. ROSS, 0000 MARY C. MCAULEY, 0000 JAMES C. PAPINEAU, 0000 KEVIN H. ROSS, 0000 VINCENT D. MC BETH, 0000 MICHAEL S. PARISH II, 0000 DANIEL M. ROSSER, 0000 IAN F. MC CALLUM, 0000 ANTHONY J. PARISI, 0000 JAMES M. ROSSI, 0000 SEAN P. MC CARTHY, 0000 WILLIAM D. PARK, 0000 WILLIAM ROSSI, 0000 ANDREW P. MC CARTIN, 0000 DONALD W. PARKER, 0000 MICHAEL P. ROUSSEAU, 0000 WALTER O. MC CLENNEY, 0000 GARY W. PARKER, 0000 HENRY P. ROUX, JR, 0000 SCOTT A. MC CLURE, 0000 VERA PARKER, 0000 ANDREW W. ROWE, 0000 BRIGHAM A. MC COWN, 0000 WILLIAM J. PARKER III, 0000 TIMOTHY J. RUSH, 0000 ANDREW C. MC CUE, 0000 JOSEPH A. PARRILLO, 0000 KENT E. RUSHING, 0000 PERRY L. MC DOWELL, 0000 RONALD L. PARSLOW, 0000 DOUGLAS V. RUSSELL, 0000 DARREN J. MC GLYNN, 0000 KENNETH M. PASCAL, 0000 THOMAS M. RUTHENBERG, 0000 LARRY L. MC GUIRE, 0000 MARCO A. PATI, 0000 ERIC C. RUTTENBERG, 0000 JOSEPH R. MC KEE, 0000 NANCY C. PAULSEN, 0000 MICHAEL R. RYAN, 0000 DENNIS J. MC KELVEY, 0000 RICHARD PEACH, 0000 LAURAN W. RYE, 0000 WILLIAM P. MC KINLEY, 0000 BENJAMIN J.I. PEARSON, 0000 ROBERT D. SALLADE, 0000 ANTHONY MC KINNEY, 0000 STEPHEN C. PEARSON, 0000 TERIANN SAMMIS, 0000 R.F. MC KINNEY, JR., 0000 LAWRENCE A. PEMBERTON, 0000 ROBERT W. SANDERS, 0000 KENNETH J. MC KOWN, 0000 GLENN W. PENDRICK, 0000 ALISON N. SANFORD, 0000 JOHN M. MC LAIN, 0000 BLAINE S. PENNYPACKER, 0000 TERESA S. SANFORD, 0000 JIMMY R. MC LAUGHLIN, 0000 SHAWN L. PENROD, 0000 MICHAEL J. S. SANGSTER, 0000 MICHAEL J. MC MANUS, 0000 PAUL A. PENSABENE, 0000 MIGUEL G. SANPEDRO, 0000 ROBERT P. MC NABB, 0000 MARC B. PEOT, 0000 RICHARD SANTOMAURO, 0000 PATRICK K. MC NAMARA, 0000 CRAIG PEPPE, 0000 VINCENT P. SAPORITO, 0000 WILLIAM R. MC VICKER, JR, 0000 GARY E. PERKINS, 0000 GEORGE B. SAROCH, 0000 DWAINE D. MEAGHER, 0000 ALBERT D. PERPUSE, 0000 WILLIAM E. SASS, JR, 0000 AUDREY D. MEANS, 0000 THOMAS M. PERRON, 0000 ERIKA L. SAUER, 0000 BRADLEY P. MEEKS, 0000 JEAN M. PERRY, 0000 PAUL E. SAVAGE, 0000 PAUL J. MEISCH, 0000 JOHN D. PETERS, 0000 ROBERT B. SCEARCE II, 0000 JOHN E. MEISSEL, 0000 KEVIN R. PETERSON, 0000 TYSON P. SCHAEDEL, 0000 ANGEL O. MELENDEZ, 0000 ANITA S. PETTY, 0000 THOMAS A. SCHARES, 0000 DARRYL C. MELTON, 0000 WILLIAM M. PEYTON, JR., 0000 DANIEL J. SCHEBLER, 0000 DEBRA N. MELTON, 0000 THUAN N. PHAM, 0000 MICHAEL A. SCHEIBER, 0000 GARY R. MELVIN, 0000 CHRISTOPHER T. PHILLIPS, 0000 CHRISTOPHER R. SCHENCK, 0000 GILBERT A. MENDEZ, 0000 DEXTER PHILLIPS, 0000 ERIC H. SCHIERLING, 0000 ERNST MENGELBERG, 0000 LEE V. PHILLIPS II, 0000 JOHN G. SCHIERLING, 0000 JEFFREY P. MENNE, 0000 ERIC M. PICKEL, 0000 PAUL J. SCHLISE, 0000 LIAM P. MERRICK, 0000 CHRISTOPHER J. PIECZYNSKI, 0000 GEORGE P. SCHMIDT, 0000 MILTON C. MERRITT, 0000 ALDEN D. PIERCE, 0000 HARRY M. SCHMIDT, 0000 DAVID W. MEYER, 0000 JAMES T. PIERCE, 0000 WILLIAM J. SCHMITT, JR, 0000 ROBERT H. MEYER, 0000 WILLIAM S. PIESESKI, 0000 WILLIAM C. SCHMITZ, 0000 FRANCISCO Q. MEZA, 0000 JOHN PINCKNEY, 0000 DAVID W. SCHNEIDER, 0000 DOMENICK MICILLO, JR, 0000 STEPHEN J. PINEDO, 0000 JAMES A. SCHREIBER, 0000 JOHN R. MIGAS, 0000 ROGER E. PLASSE, JR., 0000 DAVID R. SCHUCK, 0000 MICHAEL H. MIKLASKI, 0000 PATRICK J. PLESH, 0000 JOHN E. SCHUMANN, 0000 GUY A. MILLER, 0000 JOHN W. PLOHETSKI, 0000 JOEL D. SCHUSTER, 0000 MATTHEW C. MILLER, 0000 JOHN E. PODOLAK, JR., 0000 STEPHEN M. SCHUTT, 0000 STEPHANIE MILLER, 0000 TODD E. POLLARD, 0000 WILLIAM A. SCHWALM, 0000 DAVID B. MILLIGAN, 0000 MARTIN L. POMPEO, 0000 CAROL L. SCHWARTZ, 0000 HUGH E. MILLS, JR, 0000 MICHAEL J. POPADAK, 0000 RICHARD SCHWARZ, 0000 JAY R. MILLS, 0000 JAMES R. POPP, 0000 RICHARD E. SCOTT, 0000 RODNEY A. MILLS, 0000 PATRICK J. PORTER, 0000 WILLIAM B. SEAMAN, JR, 0000 DAVID MILOT, 0000 MICHAEL W. POSNER, 0000 KEVIN M. SEARLS, 0000 SCOTT A. MINIUM, 0000 CHRISTOPHER S. POWELL, 0000 TODD J. SENIFF, 0000 JOHN C. MINNERS, 0000 EVERETT S. PRATT, 0000 DONALD A. SEWELL, 0000 JAMES C. MINSTER, 0000 MILTON J. PRELL, 0000 JAMES A. SEWELL, 0000 MICHAEL L. MOATS, 0000 GREGORY B. PRENTISS, 0000 JACQUES SHAKE, 0000 FRANCIS M. MOLINARI, 0000 HERBERT L. PRINGLE, 0000 ROBERT D. SHARP, 0000 OSCAR E. MONTERROSA, 0000 TODD W. PUGH, 0000 ERIC T. SHAW, 0000 BRIAN T. MOORE, 0000 ESTON D. PURVIS, 0000 THOMAS P. SHAW, 0000 SYLVESTER MOORE, 0000 FRANK N. QUILES, 0000 JOHN J. SHEA, 0000 TOMMY E. MOORE, JR., 0000 CHARLES F. QUINLEY, 0000 PATRICK O. SHEA, 0000 WALLACE F. MOORE, 0000 MICHAEL J. QUINN, 0000 KENNETH M. SHEEHY, 0000 WILLIAM C. MOORE, 0000 TIMOTHY W. QUINN, 0000 JOSEPH F. SHELTRY, 0000 JANE M. MORASKI, 0000 TODD W. RADER, 0000 ANTHONY M. SHEPHERD, 0000 MICHAEL S. MORENO, 0000 STEPHEN G. RADY III, 0000 BENJAMIN A. SHEVCHUK, 0000 DAVID G. MORETZ, 0000 LUIS M. RAMIREZ, 0000 STEPHEN A. SHINEGO, 0000 GARNER D. MORGAN, JR., 0000 CHRISTOPHER B. RAMSEY, 0000 SCOTT R. SHIRE, 0000 JAMES M.L. MORGAN, 0000 ANDREW G. RANDER, 0000 ERIC S. SHIREY, 0000 STEVEN B. MORIEN, 0000 ELISA A. RANEY, 0000 MICHAEL W. SHULTS, 0000 FRANCIS D. MORLEY, 0000 NICOLAS RANGEL, JR., 0000 PHILLIP T. SICARD, 0000 PAUL D. MORRIS, 0000 LOUIS W. RANKIN, 0000 EUGENE P. SIEVERS, 0000 JEROME S. MORRISON, 0000 CHRISTOPHER G. RAPP, 0000 DAVID J. SILKEY, 0000 JOHN R. MOSIER, JR., 0000 ROBERT E. RASMUSSEN, 0000 RICHARD J. SILONG, 0000

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GREGORY L. SIMMONS, 0000 OWEN M. TRAVIS, 0000 GAYLE S. WILSON, 0000 MARK D. SIMMS, 0000 BRADDOCK W. TREADWAY, 0000 JOHN E. WIX, 0000 EDWIN L. SIMS, 0000 KIRK E. TREANOR, 0000 CURTIS A. WOLD, 0000 TRACY L. SIMS, 0000 JOHN L. TREFZ, JR, 0000 SCOTT M. WOLFE, 0000 SEAN G. SKELLY, 0000 STEVEN E. TRENT, 0000 DONALD W. WOLFGANG, 0000 JAMES W. SKINNER IV, 0000 JOHN C. TREUTLER, 0000 JAMES A. WOLTERS II, 0000 STEVEN D. SLADKY, 0000 THOMAS G. TROTTER, 0000 ERIC W. WON, 0000 SCOTT D. SLATER, 0000 KAREN A. TSIANTAS, 0000 RICHARD K. WOOD II, 0000 JOHN F. SLEDGIANOWSKI, 0000 TIMOTHY P. TUMELTY, 0000 DAVID L. WOODBURY, 0000 DANIEL J. SMITH, 0000 EMMETT S. TURK, 0000 MOODY G. WOOTEN, JR, 0000 JED C. SMITH, 0000 ALFRED R. V. TURNER, 0000 ANITA H. B. WRIGHT, 0000 KENDELL O. SMITH, 0000 ANDREW K. TURNER, 0000 ERIK C. WRIGHT, 0000 STEPHAN M. SMITH II, 0000 MARK L. TURNER, 0000 CHARLES F. WRIGHTSON, 0000 WADE H. SMITH, JR, 0000 PETER N. TURNER, 0000 JAMES R. WYATT, 0000 WILLIAM D. SMITH, 0000 ROBERT A. TURNER, 0000 LAURA G. YAMBRICK, 0000 DAVID R. SNOW, 0000 TIMOTHY F. TUTT, 0000 THOMAS M. YAMBRICK, 0000 TIMOTHY L. SNYDER, 0000 PATRICK J. TWOMEY, 0000 ANDREW C. YENCHKO, 0000 JAY M. SOKOLOWSKI, 0000 DAVID C. UNCUR, 0000 STEVEN J. YODER, 0000 DAVID W. SOMERS III, 0000 MARK C. VAILLANCOURT, 0000 ANDREW L. YORK III, 0000 STEVEN P. SOPKO, 0000 BENEDICT J. B. VALECRUZ, 0000 JOHN M. YOUNG, 0000 IAN R. SORENSEN, 0000 DEAN F. VALENTINE, 0000 JOHN R. YOUNG, 0000 BRIAN E. SOUCHET, 0000 LESLIE B. VANDAM, 0000 ROBERT E. YOUNG, 0000 RICHARD N. SOUCIE, 0000 RICHARD L. VANVLIET, 0000 ROBERT L. YOUNG, JR, 0000 ROBERT C. SPARROCK, 0000 MARK S. VANYE, 0000 JAMES B. ZEH, 0000 PAUL D. SPEAR, 0000 CATHERINE J. VARELA, 0000 EDWARD C. ZEIGLER, 0000 JEFFREY S. SPEARMAN, 0000 XAVIER M. VARGAS, 0000 CARLOS J. ZENGOTITA, 0000 WESLEY W. SPENCE, 0000 DONALD R. VARNER, 0000 JOHN D. ZIMMERMAN, 0000 DAVID R. SPENCER, 0000 GEORGE J. VASSILAKIS, 0000 MICHAEL T. ZIMMERMANN, 0000 PAUL A. SPILSBURY, 0000 OSCAR VELA, JR, 0000 JEROME ZINNI, 0000 JOHN P. SPRINGETT, 0000 RENE VELAZQUEZ, 0000 MATTHEW R. ZOLLA, 0000 KENNETH R. SPURLOCK, 0000 PETER D. VENA, 0000 TODD A. ZVORAK, 0000 TODD J. SQUIRE, 0000 CHRISTOPHER J. VERDONI, 0000 DONALD L. ZWICK, 0000 PAUL A. STADER, 0000 SCOTT D. VERMILYEA, 0000 THOMAS A. ZWOLFER, 0000 RICHARD A. STAGERS, 0000 JOHN F. VERTEL, 0000 JEFFREY A. STAGGS, 0000 MICHAEL L. VINKAVICH, 0000 STEVEN L. STANCY, 0000 THOMAS K. VINSON, 0000 f MARK J. STANSELL, 0000 NEIL F. VOJE, 0000 JAMES A. STEADMAN, 0000 MARK F. VOLPE, 0000 CONFIRMATIONS JAMES P. STEIL, 0000 JEFFREY R. VONHOR, 0000 JOHN F. STEINBERGER, 0000 JOHN E. WADSWORTH, 0000 Executive nominations confirmed by MICHAEL S. STEINER, 0000 ERICH J. WAHL, 0000 MARK L. STEVENS, 0000 JOSEPH P. WAITE, 0000 the Senate October 29, 1997: SHAWN M. STICKLES, 0000 MATTHEW WAKABAYASHI, 0000 JOSEPH V. STILLWAGGON, 0000 BRYCE E. WAKEFIELD, 0000 U.S. ADVISORY COMMISSION ON PUBLIC MICHAEL A. STOCKDALE, 0000 ANTHONY S. WALCHER, 0000 DIPLOMACY MATTHEW P. STOECK, 0000 BENJAMIN H. WALKER IV, 0000 LEON C. STONE, JR, 0000 ROBERT J. WALKER, 0000 Harold C. Pachios, of Maine, to be a Mem- MICHAEL A. STONE, 0000 THADDEUS O. WALKER III, 0000 ber of the U.S. Advisory Commission on Pub- CHARLES W. STOUDENMIRE, 0000 FRANK T. WALLACE, 0000 lic Diplomacy for a term expiring July 1, PEGEEN O. STOUGARD, 0000 MICHAEL M. WALLACE, 0000 ROY B. STRACHAN, 0000 JOHN M. WALLACH, 0000 1999. GREGORY W. STRAUSER, 0000 DENNIS J. WALSH, JR, 0000 Paula Dobriansky, of Maryland, to be a MICHAEL H. STRICKER, 0000 ANDREW D. WANNAMAKER, 0000 Member of the U.S. Advisory Commission of WILBURN T. J. STRICKLAND, 0000 BLAKE D. WARD, 0000 SHRI J. STROUD, 0000 CHARLES J. WASHKO, 0000 Public Diplomacy for a term expiring July 1, CHRISTOPHER P. STUBBS, 0000 MARK S. WASSIL, 0000 1998. MICHAEL W. STUDEMAN, 0000 JAMES R. WATKINS, 0000 CARLOS M. SUAREZ, 0000 HOWARD M. WATSON, 0000 DEPARTMENT OF STATE THOMAS H. SUGG, JR, 0000 JOHN N. WATSON, 0000 R. Nicholas Burns, of Virginia, a Career WILLIAM H. SUGGS, JR, 0000 MICHAEL P. WATSON, 0000 MARK J. SULLIVAN, 0000 RODNEY J. WATSON, 0000 Member of the Senior Foreign Service, Class WILLIAM G. SULLIVAN, 0000 MYRON C. WEAVER, 0000 of Counselor, to be Ambassador Extraor- JOHN M. SUTHERLAND, 0000 ROBERT E. WEBB, JR, 0000 dinary and Plenipotentiary of the United NIGEL J. SUTTON, 0000 MATTHEW A. WEBBER, 0000 JON E. SWANSON, 0000 VICTOR K. WEBER, 0000 States of America to Greece. MARK J. SWAYNE, 0000 JOHN M. WEEKS, 0000 Tom McDonald, of Ohio, to be Ambassador ANDREW W. SWENSON, 0000 ERIC F. WEILENMAN, 0000 Extraordinary and Plenipotentiary of the JAMES S. SZERBA, 0000 EDMOND J. WEISBROD, JR, 0000 BRUCE H. SZYMANSKI, 0000 ERIC W. WEISEL, 0000 United States of America to the Republic of TERRY R. TAKATS, 0000 JOHN J. WELSH, 0000 Zimbabwe. SAMUEL L. TATE, 0000 DAVID E. WERNER, 0000 Mark Robert Parris, of Virginia, a Career WILLIAM R. TATE, 0000 JOSEPH R. WESSLING, 0000 JOHN N. TAVENNER, 0000 RANDAL T. WEST, 0000 Member of the Senior Foreign Service, Class MICHAEL J. TAYLOR, 0000 TIMOTHY J. WEST, 0000 of Minister-Counselor, to be Ambassador Ex- RICK T. TAYLOR, 0000 EDWARD J. WHALEN, 0000 traordinary and Plenipotentiary of the TARL W. TAYLOR, 0000 WILLIAM W. WHEELER III, 0000 RICHARD L. TEETER, 0000 GEORGE N. WHITBRED IV, 0000 United States of America to the Republic of THOMAS R. THIEN, 0000 ALAN A. WHITE, 0000 Turkey. CHRISTOPHER K. THOMASSY, 0000 JAMES A. WHITE, 0000 EUGENE G. THOMPSON, 0000 ALMUR S. WHITING III, 0000 FEDERAL COMMUNICATIONS COMMISSION JEREMY S. THOMPSON, 0000 BRIAN D. WHITTEN, 0000 William E. Kennard, of California, to be a RITCHARD R. THOMPSON, 0000 FRANK D. WHITWORTH, 0000 STEPHEN M. THOMPSON, 0000 DANIEL B. WIDDIS, 0000 Member of the Federal Communications JOHN D. THORLEIFSON, 0000 STEVEN J. WIEMAN, 0000 Commission for a term of 5 years from July ROBERT F. THORNHILL, JR, 0000 CLIFFORD M. WILBORN, 0000 1, 1996. JOHN A. TIGANI, JR, 0000 ANDREW J. WILLIAMS, 0000 MICHAEL A. TLUCHOWSKI, 0000 HAROLD E. WILLIAMS, 0000 The above nominations were approved sub- THOMAS TOMAIKO, 0000 PAUL M. WILLIAMS, 0000 ject to the nominees’ commitment to re- PAUL J. TORTORA, 0000 STEVEN M. WILLIAMS, 0000 spond to requests to appear and testify be- ROBERT P. TORTORA, 0000 THOMAS G. WILLIAMS, 0000 ARTHUR F. TRAHAN, JR, 0000 ELMER L. WILSON, 0000 fore any duly constituted committee of the BAOQUOC TRANTHIEN, 0000 ERIN A. WILSON, 0000 Senate.

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