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

Vol. 143 WASHINGTON, MONDAY, JULY 21, 1997 No. 103 House of Representatives The House met at 12 noon and was Mr. LIVINGSTON led the Pledge of a number of the Third Marine Division called to order by the Speaker pro tem- Allegiance as follows: landed and the First Marine Provi- pore [Mrs. EMERSON]. I pledge allegiance to the Flag of the sional Brigade landed on the beaches of f United States of America, and to the Repub- Asan and Agat, and the 77th Infantry, lic for which it stands, one nation under God, also playing a supportive role, landed DESIGNATION OF THE SPEAKER indivisible, with liberty and justice for all. on the beach of Agat, and therefore fol- PRO TEMPORE f lowed the battle for Guam in which The SPEAKER pro tempore laid be- REPORT ON H.R. 2203, ENERGY AND over approximately 15,000 Japanese fore the House the following commu- WATER DEVELOPMENT APPRO- were killed, some 1,500 Americans were nication from the Speaker: PRIATIONS ACT, 1998 killed, and the island was finally de- WASHINGTON, DC, clared secure on August 10, 1944. July 21, 1997. Mr. LIVINGSTON, from the Commit- As we take time in this special order I hereby designate the Honorable JO ANN tee on Appropriations, submitted a and on this particular day, which is EMERSON to act as Speaker pro tempore on privileged report (Rept. No. 105–190) on very special for the people of Guam and this day. the bill (H.R. 2203) making appropria- by far the largest holiday in our annual NEWT GINGRICH, tions for energy and water develop- calendar, I want to draw attention to a Speaker of the House of Representatives. ment for the fiscal year ending Sep- couple of issues. One, of course, is to f tember 30, 1998, and for other purposes, pay the highest tribute and the highest which was referred to the Union Cal- PRAYER honor to the men in American uni- endar and ordered to be printed. forms, the heroic marines and the he- The Chaplain, Rev. James David The SPEAKER pro tempore. All roic sailors and soldiers who worked Ford, D.D., offered the following pray- points of order are reserved on the bill. hard and who suffered tremendous dep- er: f rivations and who risked their lives Let us pray using words from Psalm and many of whom paid the supreme MESSAGE FROM THE PRESIDENT 90: sacrifice to liberate the people of Guam Lord, thou hast been our dwelling place A message in writing from the Presi- from Japanese occupation. in all generations. Before the mountains dent of the United States was commu- I also want to draw attention to the were brought forth, or ever thou hadst nicated to the House by Mr. Edwin experience of the Chamorro people, the formed the earth and the world, from ev- Thomas, one of his secretaries. Guamanians of Guam, who endured erlasting to everlasting thou art God. f roughly 32 months of Japanese occupa- For a thousand years in thy sight are tion, and during this time period them- but as yesterday when it is past, or as a SPECIAL ORDERS selves suffered many deprivations as watch in the night. The SPEAKER pro tempore. Under they tried to keep their families to- So teach us to number our days that we the Speaker’s announced policy of Jan- gether, and, in the final total, we will may get a heart of wisdom. Amen. uary 7, 1997, and under a previous order never know how many actually died in f of the House, the following Members the process as a result of hostile action will be recognized for 5 minutes each. or who were executed by the Japanese THE JOURNAL f or, in many instances, suffered and The SPEAKER pro tempore. The died simply as a result of starvation, Chair has examined the Journal of the 53D ANNIVERSARY OF THE malnutrition, and disease. But we must last day’s proceedings and announces LIBERATION OF GUAM also take time to honor these people. to the House her approval thereof. The SPEAKER pro tempore. Under a In Guam right now it is already July Pursuant to clause 1, rule I, the Jour- previous order of the House, the gen- 22, so the celebration is long over, and nal stands approved. tleman from Guam [Mr. UNDERWOOD] is I am sure that the celebration gave the f recognized for 5 minutes. appropriate honor. It always has a long Mr. UNDERWOOD. Madam Speaker, parade attached to it, and, of course, PLEDGE OF ALLEGIANCE today is July 21, 1997, and it represents the marines are always given the high- The SPEAKER pro tempore. Will the the 53d anniversary of the liberation of est level of applause as they march by. gentleman from Louisiana [Mr. LIVING- Guam, the landing of American ma- The reason why we should draw at- STON] come forward and lead the House rines and soldiers which occurred on tention to this is not simply that it in the Pledge of Allegiance. this day some 53 years ago. On that day was a momentous occasion during

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

H5489 H5490 CONGRESSIONAL RECORD — HOUSE July 21, 1997 World War II, but there are a couple of compliance with U.S. and international Environmental Protection Agency, transmit- unique things about this. Guam is the standards in the area of emigration. ting the Agency’s final rule—Approval and Promulgation of Air Quality Implementa- only U.S. territory to be occupied by a WILLIAM J. CLINTON. tion Plans; Virginia: Approval of Group III THE WHITE HOUSE, July 18, 1997. foreign enemy during World War II. It SIP and Coke Oven Rules for Particulate was the only U.S. territory with U.S. f Matter [VA040–5017 & VA009–5017; FRL–5846– nationals on it to be occupied since the SPECIAL ORDERS GRANTED 5] received July 17, 1997, pursuant to 5 U.S.C. War of 1812. So what Guam has as a 801(a)(1)(A); to the Committee on Commerce. unique contribution to the American By unanimous consent, permission to 4234. A letter from the Director, Office of experience during the Pacific theater address the House, following the legis- Regulatory Management and Information, Environmental Protection Agency, transmit- was that they were the only Americans lative program and any special orders heretofore entered, was granted to: ting the Agency’s final rule—Approval and to be occupied and the people of Guam Promulgation of Air Quality Implementa- (The following Member (at his own had the only American territory that tion Plans; Richmond, Virginia—NOX Ex- endured all these deprivations. request) to revise and extend his re- emption Petition [SIPTRAX No. VA062–5019; Madam Speaker, yet despite all of marks and include extraneous mate- FRL–5861–2] received July 17, 1997, pursuant the unique circumstances of this, there rial:) to 5 U.S.C. 801(a)(1)(A); to the Committee on still remains the issue of meritorious Mr. UNDERWOOD, for 5 minutes, today. Commerce. f 4235. A letter from the Director, Office of claims that have been submitted by the Congressional Affairs, Nuclear Regulatory people of Guam and have been ignored EXTENSION OF REMARKS Commission, transmitting the Commission’s by Congress. Just to give a little back- final rule—Annual Financial Surety Update By unanimous consent, permission to ground, most U.S. citizens and U.S. na- Requirements for Uranium Recovery Licens- revise and extend remarks was granted tionals were taken care of by two ees [NRC Generic Letter 97–03] received July to: pieces of legislation, one in 1948 and 17, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to (The following Member (at the re- the Committee on Commerce. one in 1962. Neither of those mentioned quest of Mr. UNDERWOOD) and to in- 4236. A letter from the Assistant Secretary the people of Guam. Every other U.S. clude extraneous matter:) for Legislative Affairs, Department of State, citizen, every other U.S. national, re- transmitting certification of a proposed li- Mr. BONIOR. ceived their war restitution as a result cense for the export of defense articles or de- (The following Member (at the re- of those pieces of legislation. fense services sold commercially to Sweden quest of Mr. LIVINGSTON) and to include Madam Speaker, that is why I have (Transmittal No. DTC–11–97), pursuant to 22 extraneous matter:) U.S.C. 2776(c); to the Committee on Inter- introduced H.R. 2200, which will make Mr. SOLOMON. national Relations. the people of Guam whole, which will 4237. A letter from the Assistant Secretary f bring honor to this experience, and for Legislative Affairs, Department of State, which will fully restitute the people of ADJOURNMENT transmitting certification of a proposed li- Guam from their horrible experience. I cense for the export of defense articles or de- Mr. UNDERWOOD. Madam Speaker, I fense services sold commercially to Brazil understand that Senator INOUYE in the move that the House do now adjourn. (Transmittal No. DTC–10–97), pursuant to 22 other body will be introducing a com- The motion was agreed to; accord- U.S.C. 2776(c); to the Committee on Inter- panion measure in the Senate some- ingly (at 12 o’clock and 10 minutes national Relations. time this week, and I hope that the p.m.), the House adjourned until to- 4238. A letter from the Assistant Secretary Members of this body will support this for Legislative Affairs, Department of State, morrow, Tuesday, July 22, 1997, at 12:30 transmitting notification of a proposed man- legislation. It not only brings honor to p.m. for morning hour debates. the people of Guam, it brings honor to ufacturing license agreement for production f of major military equipment with Australia that most fundamental experience, an (Transmittal No. DTC–67–97), pursuant to 22 expression of patriotism which the peo- EXECUTIVE COMMUNICATIONS, U.S.C. 2776(d); to the Committee on Inter- ple of Guam gave to this country as a ETC. national Relations. result of their experience during World Under clause 2 of rule XXIV, execu- 4239. A letter from the General Counsel, War II. Arms Control and Disarmament Agency, tive communications were taken from transmitting copies of the English and Rus- the Speaker’s table and referred as fol- f sian texts of the agreement and twelve joint lows: statements negotiated by the Joint Compli- 4229. A letter from the Administrator, Ag- ance and Inspection Commission and con- REPORT CONCERNING EMIGRATION ricultural Marketing Service, transmitting cluded during JCIC–XV; to the Committee on LAWS AND POLICIES OF MONGO- the Service’s final rule—Onions Grown in International Relations. LIA—MESSAGE FROM THE South Texas; Amendment of Sunday Packing 4240. A letter from the Secretary of Agri- PRESIDENT OF THE UNITED and Loading Prohibitions [Docket No. FV97– culture, transmitting the Management Re- STATES (H. DOC. 105–108) 959–1 FIR] received July 17, 1997, pursuant to port for the period October 1, 1996 through 5 U.S.C. 801(a)(1)(A); to the Committee on March 31, 1997, pursuant to 5 U.S.C. app. The SPEAKER pro tempore laid be- Agriculture. (Insp. Gen. Act) section 5(b); to the Commit- fore the House the following message 4230. A letter from the Mayor, District of tee on Government Reform and Oversight. 4241. A letter from the Secretary of Trans- from the President of the United Columbia, transmitting the District of Co- portation, transmitting the semiannual re- States; which was read and, together lumbia Government’s report on Anti-Defi- port of the Inspector General for the period ciency Act violations for the period covering with the accompanying papers, without ending March 31, 1997 and Management Re- October 1, 1995 through September 30, 1996, objection, referred to the Committee port, pursuant to 5 U.S.C. app. (Insp. Gen. pursuant to 31 U.S.C. 1517(b); to the Commit- on Ways and Means and ordered to be Act) section 5(b); to the Committee on Gov- tee on Appropriations. printed: ernment Reform and Oversight. 4231. A letter from the Director, Office of 4242. A letter from the District of Columbia To the Congress of the United States: Regulatory Management and Information, Auditor, transmitting a copy of a report en- On September 4, 1996, I determined Environmental Protection Agency, transmit- titled ‘‘District of Columbia General Hos- and reported to the Congress that Mon- ting the Agency’s final rule—Approval and pital’s Sole Source Contract Award to Medi- golia is in full compliance with the Promulgation of State Implementation Plan, cal Services Group, Inc. Violated D.C. Laws Florida: Approval of Revisions to the Florida and Regulations,’’ pursuant to D.C. Code sec- freedom of emigration criteria of sec- SIP [FL–72–1–9720a: FRL–5858–2] received tions 402 and 409 of the Trade Act of tion 47–117(d); to the Committee on Govern- July 17, 1997, pursuant to 5 U.S.C. ment Reform and Oversight. 1974. This action allowed for the con- 801(a)(1)(A); to the Committee on Commerce. 4243. A letter from the Deputy Associate tinuation of most-favored-nation 4232. A letter from the Director, Office of Director for Royalty Management, Depart- (MFN) status for Mongolia and certain Regulatory Management and Information, ment of the Interior, transmitting notifica- other activities without the require- Environmental Protection Agency, transmit- tion of proposed refunds of excess royalty ment of an annual waiver. ting the Agency’s final rule—Approval and payments in OCS areas, pursuant to 43 U.S.C. As required by law, I am submitting Promulgation of Implementation Plans; In- 1339(b); to the Committee on Resources. diana [IN68–3; FRL–5852–7] received July 17, 4244. A letter from the Acting Deputy As- an updated report to the Congress con- 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the sistant Secretary for Fish and Wildlife and cerning the emigration laws and poli- Committee on Commerce. Parks, Department of the Interior, transmit- cies of Mongolia. You will find that the 4233. A letter from the Director, Office of ting the Department’s final rule—Endan- report indicates continued Mongolian Regulatory Management and Information, gered and Threatened Wildlife and Plants; July 21, 1997 CONGRESSIONAL RECORD — HOUSE H5491 Final Determination of Critical Habitat for pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- H.R. 2204. A bill to authorize appropria- the Southwestern Willow Flycatcher (Fish mittee on Transportation and Infrastruc- tions for fiscal years 1998 and 1999 for the and Wildlife Service) (RIN: 1018–AB97) re- ture. Coast Guard, and for other purposes; to the ceived July 18, 1997, pursuant to 5 U.S.C. 4253. A letter from the Chief, Regulations Committee on Transportation and Infra- 801(a)(1)(A); to the Committee on Resources. Unit, Internal Revenue Service, transmitting structure. 4245. A letter from the Acting Deputy As- the Service’s final rule—Determination of By Mr. METCALF (for himself, Ms. sistant Secretary for Fish and Wildlife and Issue Price in the Case of Certain Debt In- DUNN of Washington, Mr. DICKS, Mr. Parks, Department of the Interior, transmit- struments Issued for Property [Revenue Rul- HASTINGS of Washington, Mr. ting the Department’s final rule—Endan- ing 97–30] received July 17, 1997, pursuant to NETHERCUTT, Mrs. LINDA SMITH of gered and Threatened Wildlife and Plants; 5 U.S.C. 801(a)(1)(A); to the Committee on Washington, Mr. ADAM SMITH of Final Rule to Designate the Whooping Ways and Means. Washington, Mr. WHITE, Mr. Cranes of the Rocky Mountains as Experi- f MCDERMOTT, Ms. MILLENDER-MCDON- mental Nonessential and to Remove Whoop- ALD, Mr. DREIER, Ms. HARMAN, Mr. ing Crane Critical Habitat Designations from REPORTS OF COMMITTEES ON YOUNG of Alaska, Mr. MATSUI, Mr. Four Locations (Fish and Wildlife Service) PUBLIC BILLS AND RESOLUTIONS HORN, and Mr. LEWIS of California): (RIN: 1018–AD45) received July 18, 1997, pur- Under clause 2 of rule XIII, reports of H. Res. 191. Resolution expressing the sense suant to 5 U.S.C. 801(a)(1)(A); to the Commit- of the House of Representatives regarding tee on Resources. committees were delivered to the Clerk the interference of the European Commis- 4246. A letter from the Acting Director, for printing and reference to the proper sion in the merger of the Boeing Company Fish and Wildlife Service, transmitting the calendar, as follows: and McDonnell Douglas; to the Committee Service’s final rule—Endangered and Threat- Mr. MCDADE: Committee on Appropria- on International Relations. ened Wildlife and Plants; Final Rule to Ex- tions. H.R. 2203. A bill making appropria- tend Endangered Status for the Jaguar in tions for energy and water development for f the United States (RIN: 1018–AC61) received the fiscal year ending September 30, 1998, and July 18, 1997, pursuant to 5 U.S.C. for other purposes (Rept. 105–190). Referred ADDITIONAL SPONSORS 801(a)(1)(A); to the Committee on Resources. to the Committee of the Whole House on the 4247. A letter from the Director, National State of the Union. Under clause 4 of rule XXII, sponsors Oceanic and Atmospheric Administration, Mr. YOUNG of Alaska: Committee on Re- were added to public bills and resolu- transmitting the Administration’s final sources. H.R. 1127. A bill to amend the Antiq- tions as follows: rule—Endangered and Threatened Species; uities Act to require an Act of Congress and H.R. 335: Mr. CUNNINGHAM. Interim Rule Governing Take of the Threat- the concurrence of the Governor and State H.R. 1880: Mr. MALONEY of Connecticut. ened Southern Oregon/Northern California legislature for the establishment by the H.R. 2009: Ms. LOFGREN, Mr. GONZALEZ, Mr. Coast Evolutionarily Significant Unit (ESU) President of national monuments in excess WELDON of Pennsylvania, Ms. SLAUGHTER, of Coho Salmon [Docket No. 970424096–7155– of 5,000 acres; with amendments (Rept. 105– and Mr. NADLER. 02; I.D. 042597A] (RIN: 0648–AG56) received 191). Referred to the Committee of the Whole H.R. 2116: Mr. FRANKS of New Jersey, Mr. July 18, 1997, pursuant to 5 U.S.C. House on the State of the Union. BONIOR, Mr. ANDREWS, Mr. ALLEN, Mr. ABER- 801(a)(1)(A); to the Committee on Resources. Mr. YOUNG of Alaska: Committee on Re- 4248. A letter from the Director, Office of CROMBIE, Mr. OLVER, Mr. PAYNE, Mr. ROE- sources. H.R. 1663. A bill to clarify the intent Sustainable Fisheries, National Oceanic and MER, Mr. PAPPAS, Mr. SPENCE, and Mr. HALL of the Congress in Public Law 93–632 to re- Atmospheric Administration, transmitting of Ohio. quire the Secretary of Agriculture to con- the Administration’s final rule—Fisheries of H.R. 2143: Mr. GUTIERREZ. tinue to provide for the maintenance of 18 the Exclusive Economic Zone Off Alaska; Pa- H. Con. Res. 71: Mr. MCGOVERN. concrete dams and weirs that were located in cific Ocean Perch in the Western Regulatory H. Con. Res. 139: Mr. BARTON of Texas. the Emigrant Wilderness at the time the wil- Area of the Gulf of Alaska [Docket No. derness area was designated as wilderness in 961126334–7025–02; I.D. 071197A] received July f that public law; with an amendment (Rept. 18, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to 105–192). Referred to the Committee of the the Committee on Resources. AMENDMENTS 4249. A letter from the Acting Director, Of- Whole House on the State of the Union. fice of Sustainable Fisheries, National Oce- Mr. YOUNG of Alaska: Committee on Re- Under clause 6 of rule XXIII, pro- anic and Atmospheric Administration, trans- sources. H.R. 1944. A bill to provide for a land posed amendments were submitted as exchange involving the Warner Canyon Ski mitting the Administration’s final rule— follows: Fisheries of the Exclusive Economic Zone Area and other land in the State of Oregon H.R. 2160 Off Alaska, Offshore Pelagic Shelf Rockfish (Rept. 105–193). Referred to the Committee of in the Central Regulatory Area of the Gulf of the Whole House on the State of the Union. OFFERED BY: MR. WYNN Mr. COBLE: Committee on the Judiciary. Alaska [Docket No. 961126334–7025–02; I.D. AMENDMENT NO. 19: Insert before the short H.R. 1661. A bill to implement the provisions 071597B] received July 21, 1997, pursuant to 5 title the following new section: of the Trademark Law Treaty; with an U.S.C. 801(a)(1)(A); to the Committee on Re- SEC. . (a) The amount otherwise provided amendment (Rept. 105–194). Referred to the sources. by this Act for the Department of Agri- 4250. A letter from the Acting Director, Of- Committee of the Whole House on the State culture (consisting of an additional $1,500,000 of the Union. fice of Sustainable Fisheries, National Oce- for ‘‘DEPARTMENTAL ADMINISTRATION’’) is anic and Atmospheric Administration, trans- f hereby increased; and each amount appro- mitting the Administration’s final rule— TIME LIMITATION OF REFERRED priated or otherwise made available by this Fisheries of the Exclusive Economic Zone Act that is not required to be appropriated Off Alaska, Pelagic Shelf Rockfish in the BILL or otherwise made available by a provision of Eastern Regulatory Area of the Gulf of Alas- Pursuant to clause 5 of rule X the fol- law is hereby reduced; by $1,500,000 and .01 ka [Docket No. 961126334–7025–02; I.D. 071597A] lowing action was taken by the Speak- percent, respectively. received July 21, 1997, pursuant to 5 U.S.C. er: (b) Of the amount under the heading ‘‘DE- 801(a)(1)(A); to the Committee on Resources. PARTMENTAL ADMINISTRATION’’ in title I, [The following occurred on July 18, 1997] 4251. A letter from the Commissioner, Im- $13,300,000 is for civil rights enforcement at migration and Naturalization Service, trans- H.R. 1778. Referral to the Committees on the Department of Agriculture. Commerce, Transportation and Infrastruc- mitting the Service’s final rule—Adjustment H.R. 2160 of Status to That of Person Admitted for ture, and Government Reform and Oversight Permanent Residence; Temporary Removal extended for a period ending not later than OFFERED BY: MR. WYNN of Certain Restrictions of Eligibility [INS September 30, 1997. AMENDMENT NO. 20: Insert before the short No. 1676–94] (RIN: 1115–AD83) received July f title the following new section: 18, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to SEC. . The amount otherwise provided by the Committee on the Judiciary. PUBLIC BILLS AND RESOLUTIONS this Act for the Department of Agriculture 4252. A letter from the General Counsel, Under clause 5 of rule X and clause 4 (consisting of an additional $1,500,000 for Department of Transportation, transmitting of rule XXII, public bills and resolu- ‘‘DEPARTMENTAL ADMINISTRATION’’) is hereby the Department’s final rule—Improvements increased; and each amount appropriated or to Hazardous Materials Identification Sys- tions were introduced and severally re- otherwise made available by this Act that is tems; Corrections and Responses to Petitions ferred, as follows: not required to be appropriated or otherwise for Reconsideration (Research and Special By Mr. SHUSTER (for himself, Mr. made available by a provision of law is here- Programs Administration) [Docket No. HM– OBERSTAR, Mr. GILCHREST, and Mr. by reduced; by $1,500,000 and .01 percent, re- 206] (RIN: 2137–AB75) received July 21, 1997, CLEMENT): spectively. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, FIRST SESSION

Vol. 143 WASHINGTON, MONDAY, JULY 21, 1997 No. 103 Senate The Senate met at 12 noon and was amendment or amendments and final next week. Prior to the recess, we will called to order by the President pro passage. So I ask all Members’ coopera- conclude action on those conference re- tempore [Mr. THURMOND]. tion in working with the chairmen of ports. the remaining appropriations bills to Some have suggested that we may PRAYER enable us to finish each of these meas- not be able to do that, but I think we The Chaplain, Dr. Lloyd John ures in a timely manner. We are hoping have made good progress. There has Ogilvie, offered the following prayer. that we can complete the bill that we been a lot of work even over the week- Lord, when we get all wrapped up in brought over last week, the Treasury, end, Senators and Congressmen meet- ourselves, we are a very small package. Postal Service, with votes this after- ing on both sides of the aisle on Friday, Unwrap us so that we can focus our at- noon. As I said, we will begin the VA– Saturday, and Sunday and also with tention on You, on our calling to be HUD and will consider agriculture, administration officials. I think good leaders, and on the people around us. military construction, and even State, progress has been made. Obviously, Meet our inner needs so we can meet Justice, Commerce this week. there are some very important deci- the needs of others. Replenish our own So I remind all Senators that at 5:15 sions yet to be worked out. But I think energies so we can give ourselves unre- today we will temporarily set aside the we will be ready to be doing that today servedly to the challenges of this new VA–HUD appropriations bill and re- and tomorrow and maybe even Wednes- week. Give us gusto to confront prob- sume consideration for final passage day if it has to go over to that day. lems and work to apply Your solutions. and, I believe, one amendment we have I previously announced that S. 39, the Replace our fears with vibrant faith. pending on the Treasury, Postal Serv- tuna-dolphin bill, and the FDA reform Most important of all, give us such a ice appropriations bill. Senators can bill could be considered this week, and clear assurance of Your guidance that expect, at 5:15, a series of rollcall votes probably at least one will be brought we will have the courage of our convic- on or in relation to those amendments up. On the tuna-dolphin bill, we will tions. on Treasury, Postal Service, and then begin the process on Wednesday to Bless the women and men of this final passage. Following those votes, I move toward a cloture vote on Friday, Senate with a personal experience of encourage Members who have amend- if some other agreement is not worked Your grace, an infilling of Your spirit ments to the VA–HUD appropriations out. I believe the interested parties can of wisdom, and a vision of Your will in bill to remain and offer their amend- work out a compromise that is accept- all that must be decided this week. In ments this evening so we can make able to all sides. I know the adminis- the Name of our Saviour and Lord. progress also on that measure. tration is very interested in getting Amen. There are 2 weeks remaining for busi- this legislation considered. I have been ness prior to the August recess period. called by the President to urge that we f There are a number of appropriations schedule this legislation and we come RECOGNITION OF THE MAJORITY bills now available, and the committee to an agreement. This is an inter- LEADER will be reporting additional bills to- national agreement with regard to The PRESIDENT pro tempore. The morrow. It is my hope that the Senate tuna and dolphin that has been labori- able majority leader is recognized. will be able to finish action on many, if ously worked out by 12 or 13 countries. f not all, of these. Obviously, the chair- We should not leave for the August re- man of the Appropriations Committee, cess without acting on it. We intend to SCHEDULE the Senator from Alaska, Senator STE- do that. Although I say to one and all, Mr. LOTT. Mr. President, for the in- VENS, and his ranking member, Senator we cannot tie up the Senate for an ex- formation of all Senators, today the BYRD, are doing an excellent job in get- tended period of time on either one of Senate will be in a period of morning ting these bills through the sub- these issues, FDA reform or the tuna- business until the hour of 3 p.m. Fol- committees of appropriations and dolphin bill. lowing morning business, the Senate through the full committee. So we can Needless to say, the remaining ses- will begin consideration of the VA– perhaps also have conference reports sions during the legislative period will HUD appropriations bill. We made available soon, in September, on appro- be busy, and Members should expect great progress on appropriations bills priations bills, and we will have, hope- rollcall votes occurring throughout last week and I hope that will con- fully in short order, conference reports each day and into the evening if nec- tinue. As a matter of fact, we com- agreed to which accompany the Tax essary. Senators should be cautious pleted action on four bills and com- Fairness Act and the balanced budget with their scheduling during the next pleted everything on the fifth appro- amendment, and they will be available 2-week period as we will attempt to priations bill except for a vote on an later on this week, or certainly early complete these items just mentioned.

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

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VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21JY7.REC S21JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S7744 CONGRESSIONAL RECORD — SENATE July 21, 1997 They should expect votes, obviously, have an amazing 355–21–5 record. He has Grassley declined to name the executives, on this Monday and on this Friday. coached 152 all-Americans, 45 national saying their identities were ‘‘proprietary.’’ There is even a possibility that we will champions, 106 Big Ten champions, and Defense Week learned that the unnamed ex- have to go over in session to Saturday 10 Olympians, including four gold med- ecutives, followed by their 1995 compensa- tion packages, are: CEO Harry Stoneciper, $4 to resolve the State, Justice, Com- alists. To say Dan is a living legend in million; Chairman of the Board John F. merce appropriations bill and/or the his chosen field is not an overstate- McDonnell, $3.9 million; then-McDonnell tuna-dolphin bill. Then we will have ment. Douglas Aerospace Co. Executive Vice Presi- votes the following Monday and we will But even more admirable is how Dan dent & President John Capellupo, $2.3 mil- have votes, if necessary, on Friday of has handled being at the top of his field lion; MDA Deputy President Herbert Lanese, next week, so that we can complete ac- for nearly 30 years. We regularly hear $2.3 million; and, then-Douglas Aircraft Co. tion on these two very critical con- about athletes involved in scandal president Robert H. Hood, $2.2 million. Grassley was inaccurate when he said dur- ference reports. But I feel very good after scandal—so much that we hardly raise an eyebrow when the newest con- ing the floor debate that the Pentagon about the prospects of doing that. picked up $9.2 million of the compensation. There are those who are concerned troversy makes headlines. But Dan has That was the amount corporate MDC allo- right now, can we complete that work. always conducted himself with dignity cated to the overhead pools of divisions that I think the way to do it is just redouble and a refreshing lack of arrogance. Dan had DOD contracts, according to government our efforts and develop the attitude has imparted in the wrestlers he has officials. That overhead would then be di- that we are going to complete action. I coached an appreciation of hard work, vided between commercial, general govern- perseverance, graciousness, and calm ment and defense contracts. know the President and his administra- It was not possible to trace how much ac- tion wants us to get this done before under pressure. If you believe there are tually the Pentagon reimbursed. no more role models, then you must we leave for the August district and Mr. GRASSLEY. I think there is a not know about Dan Gable. I hope my State work periods. misunderstanding, and I would like to statement might help correct that mis- Mr. President, with that, I yield the clear it up. floor. belief. Dan Gable exemplifies the no- Mr. President, I pride myself on al- tion that to be a true winner is not just f ways doing my homework and sticking about scoring the most points; it RESERVATION OF LEADER TIME to the facts. means carrying the title of winner with So when someone accuses me of The PRESIDING OFFICER (Mr. integrity and character. Dan Gable has straying from the facts, I like to ad- HAGEL). Under the previous order, lead- certainly done that. dress the criticism head on. ership time is reserved. I thank him for the credit he has I would like to resolve the issue one f brought to his family, his community, way or the other. his sport, and the State of Iowa, and MORNING BUSINESS To do that, I went back to the place wish him the very best in all his future where I got the information in the first The PRESIDING OFFICER. Under plans. I know he will continue to ap- place. the previous order, there will now be a proach whatever he does with the same That’s the General Accounting Office period for the transaction of morning commitment and hard work he always [GAO] in St. Louis, MO—near McDon- business, with Senators permitted to has in the past. nell Douglas headquarters. speak therein for up to 10 minutes f The man with the knowledge there is each. Mr. Robert D. Spence. SETTING THE RECORD STRAIGHT Mr. GRASSLEY addressed the Chair. I went back to Mr. Spence to check The PRESIDING OFFICER. The Sen- Mr. GRASSLEY. Mr. President, I and recheck the facts to be certain my ator from Iowa. come to the floor today to set the statements were consistent with the f record straight. facts. Defense Week reports that I made in- The disputed information pertains to TRIBUTE TO DAN GABLE, UNIVER- accurate statements during the recent the amount of money the Department SITY OF IOWA WRESTLING debate on the Boxer-Grassley-Harkin of Defense [DOD] pays out to senior ex- COACH amendment on executive compensa- ecutives at the McDonnell Douglas Mr. GRASSLEY. Mr. President, too tion. Corp. many times in our world today we set- The article was written by Mr. Tony I presented those facts during the de- tle for mediocrity, we settle for just Capaccio and appears in the July 14 bate over executive compensation on enough to get by. But today, I rise to issue of his publication. July 10. pay tribute to an Iowan who has never Mr. President, I ask unanimous con- The facts that Defense Week ques- settled for anything less than excel- sent to have that portion of the De- tions appear on page S7172 of the CON- lence. I am referring to Dan Gable, fense Week article printed in the GRESSIONAL RECORD. head wrestling coach at the University RECORD. This is what I said. There being no objection, the mate- of Iowa. Dan recently announced that The DOD paid the top five executives rial was ordered to be printed in the he will be taking a year off and turning at McDonnell Douglas a total of RECORD, as follows: his coaching duties to others. I think $9,273,382.00. this is the right time to look at the im- SENATE REJECTS MAVERICK MEASURE I said the top executive got $2,713,308. To back up that statement, I will pressive record of Dan Gable. In endorsing the committee proposal, the Senate in a 83–16 vote rejected an amend- place a table in the RECORD. Many of you may recognize Dan’s ment by Sens. Barbara Boxer (D–Calif.), This table was prepared by the GAO name because of his legendary accom- Charles Grassley (R–Iowa) and his Democrat but the information came straight plishments in the sport of wrestling. counterpart Tom Harkin. from the horse’s mouth—the Defense Dan reached the very pinnacle of this Their amendment would have made perma- Contract Audit Agency or DCAA. sport in the late 1960’s and has stayed nent a $200,000 cap applicable to all govern- ment contractors and not just the top five in The table shows how much each of there ever since. As a competitor, Dan the five top executives at McDonnell compiled a nearly flawless record of a headquarters or division. In their floor debate, Boxer and Grassley Douglas was paid by the Pentagon. 182–1 in his prep and college career. singled out as an example of the 1995 law’s Now, Mr. Capaccio says that informa- Dan was a three time all-American and problems the compensation packages of five tion is inaccurate. three time Big Eight Champion. top McDonnell Douglas Corp. corporate offi- He says the top five executives were After college, Dan went on to win ti- cers, examined by a July 8 report GAO re- not paid $9,273,382.00 by DOD. tles at the Pan American Games and port. He says that is the amount allocated world championships. Dan also dem- The MDC executives, labeled Nos. 1 to the overhead pools of the company’s onstrated his superiority in wrestling through 5, earned a total of $14.8 million in 1995, according to information contained in a many components or subdivisions. when he won a gold medal at the 1972 March 31 DCAA report and repeated by GAO. He said that money would then have Olympics. Boxer and Grassley said the GAO indicated to be divided between commercial, gen- His accomplishments as a coach are that based on the huge compensation pack- eral government, and defense con- no less stellar. Teams coached by Dan ages, the 1995 cap was riddled with loopholes. tracts.

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21JY7.REC S21JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 21, 1997 CONGRESSIONAL RECORD — SENATE S7745 Mr. President, I hate to say it, but There being no objection, the mate- kids are seeing less danger in using Defense Week is flat wrong. rial was ordered to be printed in the drugs. This fact, of course, leads to As I said, Mr. President, I went back RECORD, as follows: more experimentation. to the GAO and Mr. Spence to check Parents are not talking to their kids and recheck my information. MDC ALLOCATION OF COMPENSATION TO COMPONENTS— about drugs. Many believe that their It checks out OK. TOP 5 EXECUTIVES My information comes directly from kids do not listen to them. Many be- Total com- lieve that TV and peers have more in- the DCAA. pensation for Total com- Amounts allo- cated to com- fluence. Further, many of today’s par- First, to get the DOD pay figures for Executive application of pensation ponents with compensation $250,000 ents used drugs when they were young. the top five executives, DCAA had to cap DOD contracts query the field offices at each They now feel ambivalent about talk- 1 ...... $4,012,833 $3,762,833 $2,713,308 ing to their kids about drugs. These McDonnel Douglas subdivision. 2 ...... 3,920,559 3,670,559 2,646,773 This was done to establish the split 3 ...... 2,383,974 2,133,974 2,046,481 parents don’t want their kids using 4 ...... 2,303,713 2,053,713 1,833,604 drugs, mind you, they just don’t know between DOD, non-DOD government, 5 ...... 2,238,966 1,988,966 33,216 and commerical contracts. Total ...... 14,860,045 13,610,045 9,273,382 how to talk to their kids. We know, This was done to isolate the amounts however, that the most important charged to DOD contracts. f source for kids on how to behave, to That’s what the GAO table does. ACCESSING KIDS judge right and wrong, comes from par- It isolates the $9,273,382.00 as the ents. Not from TV, not from their Mr. GRASSLEY. Mr. President, last amount allocated to components with peers, but from parents. But parents year, many of my colleagues in the DOD contracts. are not speaking up. Senate had a great deal to say about DOD contracts—that’s the key. Public messages and national leader- My numbers have absolutely nothing the drug use problem in this country. ship on drug use have declined in the to do with general government or com- This year, half way through the first past 5 years. As we noted last year, the mercial contracts. term of the 105th Congress, not much bully pulpit is empty. In addition, dis- So that’s a bogus argument. has been said. I will not dwell on the cussion of legalization in one form or Second, the dollar totals on the GAO reasons. But we need to recall that the another is on the rise. What this means table are not 100-percent accurate. reasons for being concerned about drug I will be the first to admit that. use in this country have not changed. is that kids no longer hear a no-use They were not audited in every case. In fact, all the indicators continue to message. Instead, they hear mixed mes- But they are considered reasonably point to a growing problem. sages from government leaders and accurate. They’re in the ballpark. Just recently, the administration re- others. They see efforts to legalize If the GAO and DCAA numbers aren’t leased drug use data in the Pulse marijuana under a thinly disguised accurate enough, then Defense Week Check, a twice-yearly publication on claim of medical need. They see in- should produce a better set. drug use trends and markets. creasing normalization of drug use in And it admits it can’t do that. The information contained in the re- movies, music, and on TV. Third, Mr. President, I need to clar- port is alarming. It confirms the con- Is it little wonder, then, that we are ify one point. tinuing trend we noted last year of seeing growing use of drugs among The Pentagon, for example, did not growing drug use particularly among kids? This increase comes after almost send McDonnell Douglas’ top executive young people. I want to share with my a decade of decline. The decline of use a paycheck for $2,713,308.00. colleagues some of the information the among kids in the late 1980’s and early That’s not how it really works. Pulse Check shows. 1990’s was not an accident. There are no individual DOD pay- Heroin use in most markets is up or It came as a result of commitment by checks that go to executives; stable, and availability is high. this country—by parents, schools, com- $2,713,308.00 is the amount McDonnell There appears to be a trend of in- munity leaders, politicians, and oth- Douglas is allowed to bill the taxpayers creased use among younger users, pri- ers—to protect our young people and on DOD contracts for that individual’s marily in inner cities. salary. their future from drugs. In those years, Cocaine use is stable, but availability we undertook efforts to discourage That is the amount set aside in DOD remains high. contracts for that individual’s com- drug use. To make it harder to get Marijuana use is growing rapidly and pensation package. drugs. To roll back the notion that the onset of use is occurring at earlier Once the amount is approved by drug use was simply a lifestyle choice ages. DCAA, it is then apportioned across that caused no harm, except maybe oc- Polydrug use, the use of more than hundreds of contract payments. casionally to a user. It worked. But we one drug in combination, is on the rise. It’s doled out piecemeal in thousands are now in the process of squandering Methamphetamine use is growing and of U.S Treasury checks. those gains. the quality is improving. But it’s there in those checks. We need to remember something McDonnell Douglas got the money. Anyone familiar with this country’s last drug epidemic, a problem that we about how we got into our last drug fix. The money came from DOD. The 1960’s and 1970’s was a period of The money was for executive com- are still coping with, should be alarmed collective forgetfulness about the harm pensation. at what this information tells us. When that drug use does. It was not our first Just because it was a small part of a you put these facts together with infor- drug epidemic, it was our worst. It also big payment doesn’t make the money mation from other surveys on use, hos- did not happen by accident. any less real. pital admissions, and trends, the pic- It doesn’t make it play money. ture is grim. Let me summarize briefly Neglect of our public responsibility In the end, Mr. President, no matter what we are seeing. played a part. Glorification of drug use how you slice it, DOD paid McDonnell More kids at younger ages are start- by the popular culture contributed. A Douglas’ top five executives $9.3 mil- ing to use drugs. In our last drug epi- collective public amnesia about our ex- lion. demic, use began typically with 16- periences of earlier epidemics added to I ask unanimous consent that the year-olds. Today’s trend is for drug use the mix. It was a period of exploring table I referred to earlier be printed in onset to begin with 12- and 13-year the limits of personal freedom. Unfor- the RECORD. olds. Along with this, more and more tunately, it was also a period that

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21JY7.REC S21JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S7746 CONGRESSIONAL RECORD — SENATE July 21, 1997 abandoned notions of personal respon- most listened to by young people, it is sector to reduce a facility’s energy use sibility. Combined with an active lobby not hard to understand that more kids is not an ordinary procurement. Pur- that pushed for drug legalization, those are using. It is not hard to see why chasing energy efficiency isn’t like years laid the foundations for an explo- more kids believe that drugs are not buying paper clips or furniture. The sion of drug use. Most of the burden of dangerous. Federal Energy Management Program that use fell upon young people. Most These messages come at a time of an- has made substantial progress in of our addicts today, who burden our other wave of ambivalence about drugs. streamlining the contracting process welfare and health systems, are the They come at a time when leadership is for energy management services at casualties of that period. They are pay- lacking. They come at a time when Federal facilities. If an agency chooses ing the personal price but the rest of us many parents do not seem to know how to work with the local utility com- are footing the bill. It is also no coinci- to talk to their kids. pany, it may go directly to the utility dence that our major crime wave began Close to 25 percent of the population on a sole-source basis to obtain the en- during the same years and is linked di- of this country is under the age of 18. ergy efficiency and management serv- rectly to growing drug use. Forty-five million are under the age of ices that are available to all utility It was the double whammy of kids on 12. It is this population that is most customers. In most cases, the utility drugs and crime on our streets that led susceptible to drug use messages. It is teams with energy service companies to public demands for a speedy and ef- this audience that is most targeted to maximize cost-effective energy sav- fective response. It led to ‘‘Just Say with those messages. ings for the Government. No’’ and a concerted effort to reverse We have all the ingredients for an- Section 630 would eliminate the op- the trend and save a generation of other drug epidemic. This one, how- tion of working with the local utility. young people. It worked. But now we ever, will come when we are still cop- If section 630 remains in the bill, Fed- are in danger of forgetting once again ing with the walking wounded for our eral agencies will not be able to take what we once knew: That drug use is last fling with drugs. We are also see- advantage of the financial incentives, not a victimless crime. That it is not ing much younger kids starting to use. goods, or services generally available harmless. That it is simply a matter of If we fail to respond, seriously and so- to all other customers of the utility. personal choice with no social con- berly, then our new drug epidemic will This could represent literally millions sequences. be worse than our last. It will also be of dollars lost to the taxpayers. Sec- In the last several years, we have the result of a colossal act of irrespon- tion 630 could also prevent payments seen teenage drug use increase at an sibility. on existing energy management con- alarming rate. We have seen drug use The PRESIDING OFFICER. The Sen- tracts between Federal agencies and messages re-emerge in the popular cul- ator from New Mexico. utilities. ture. We have seen major public figures f Over the years, I have spoken fre- and leading members of government quently here on the critical need for PRIVILEGE OF THE FLOOR equivocate on drugs or openly advocate Federal agencies to make better efforts legalization. Mr. BINGAMAN. I ask unanimous to reduce their energy use. According We have seen major financial figures consent that a fellow in my office, Dan to a recent GAO report, the taxpayers’ pour money into pushing drugs-are- Alpert, be permitted floor privileges electric bill for Federal facilities is good-for-you themes. We have also seen during the pendency of the Treasury, more than $3.5 billion a year. There is the birth of MTV and the Internet. Postal appropriations bill. no question we could be saving a sub- These media, aimed at kids, purvey in The PRESIDING OFFICER. Without stantial portion of this amount the most direct way drug use themes to objection, it is so ordered. through cost-effective energy measures kids of all ages. Today, access to kids Mr. BINGAMAN. Mr. President, I ask that frequently have payback times by people who want to exploit them is unanimous consent that I be allowed to less than 10 years. I am pleased to see unprecedented. Whether we are talking speak as if in morning business for up the substantial progress now being drugs or pornography, there is an open to 12 minutes. made. highway into almost every home in the The PRESIDING OFFICER. Without For example, the Government’s larg- country. Any household that is home objection, it is so ordered. est single energy user is the Depart- to a tv or computer access to the f ment of Defense, which accounts for worldwide web is accessible. You can- AMENDMENT NO. 937 TO S. 1023 half of all Federal electricity consump- not lock your doors. tion. The Department is now on a Mr. BINGAMAN. Mr. President, the Currently, drug information sources track to save up to $1 billion per year amendment Senator MURKOWSKI and I on the Internet are dominated by drug in total energy spending by the year have offered strikes section 630 of the legalizers. Their websites are easily 2005. The Department of Defense be- bill. If enacted, section 630 would fore- accessed. They specialize in trendy for- lieves section 630 would significantly close all Federal agencies from taking mats and cartoon helpers. We hear a reduce its authority and opportunity advantage of energy conservation pro- lot about Joe Camel. to take advantage of private sector en- Well, take a look at what those who grams offered by their local utility ergy conservation expertise and cap- specialize in drug legalization use. As a company. I believe section 630 would ital, and would, in fact, seriously re- recent piece in the New York Times needlessly restrict an option that helps duce the amount of work offered to all shows, drug messages aimed at kids are the Federal Government, the Nation’s sectors of the energy community. up to date, stylish, and accessible. High largest energy user, implement cost-ef- Mr. President, I ask unanimous con- Times, which is one of the major drug fective energy-savings programs at sent that a copy of this letter from legalization publications in the coun- Federal facilities. Millard Carr of the Department of De- Mr. President, the Energy Policy Act try, operates a site on the net. Their fense be printed in the RECORD at the web page is available with only a few of 1992 set a goal of reducing by 20 per- conclusion of my remarks. clicks from the main page. It is filled cent the average energy consumed by The PRESIDING OFFICER. Without with lots of helpful tips. You can learn, the Federal Government. Federal fa- objection, it is so ordered. for example, how to grow marijuana at cilities were given various approaches (See exhibit 1.) home. It offers advice on how to evade for reducing energy consumption. For Mr. BINGAMAN. Earlier, I described or distort drug tests. You can find de- example, an agency can sign an energy the options available to Federal agen- tails on where to find the best drugs. Of savings performance contract with an cies to secure energy management course, to access these helpful hints, energy service company, or it can work services. If I could Mr. President, I’d you have to certify that you are not a with the local utility company to take like to take a moment to give two ex- minor. But there is no way to check on advantage of utility-sponsored energy amples demonstrating that the pro- this, so the certification is meaning- conservation measures. Under current gram is on the right track and illus- less. There are many more, similar law, Federal agencies may select the trating the risks of hasty and ill-con- sites. option that is best for their situation. sidered changes. When you link this access to re- It is important to have this flexi- The first example is the New Mexico emerging drug themes in the music bility because working with the private initiative from my home state. The

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21JY7.REC S21JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 21, 1997 CONGRESSIONAL RECORD — SENATE S7747 General Services Administration has a programs for energy services. However, ered by the Energy and Natural Re- contract with a local utility, Public with all due respect Mr. President, the sources Committee without at least a Service Co. of New Mexico, that covers distinguished Chairman omitted the hearing. the Federal facilities in PNM’s service sections of the existing law that sec- The proponents of section 630 should territory. Under the terms of this tion 630 would overturn. In particular, have their views heard in the appro- agreement, PNM partners with energy section 152 of the Energy Policy Act of priate forum. I am recommending to service companies on a competitive 1992 describes the implementation op- the chairman of the Energy Committee basis to implement the actual energy- tions available to agencies. If I may, that hearings be held so that we can saving measures. This initiative is ex- I’d like to read the exact text: Each get all the issues out on the table and, pected to result in $60 million in new agency shall ‘‘take maximum advan- if changes are needed, come to a rea- investments in conservation and en- tage of contracts authorized under sub- sonable solution. ergy efficiency technologies. The ini- chapter VII of this chapter, of financial In the meantime, I urge my col- tial pilot project is at the White Sands incentives and other services provided leagues to support this amendment and Missile Range, where I understand that by utilities for efficiency investment, strike section 630. substantial reductions of energy and and of other forms of financing to re- EXHIBIT 1 water use have been achieved. This suc- duce the direct costs of OFFICE OF THE UNDER SECRETARY OF cessful program would be terminated if Government * * *.’’ DEFENSE, DEFENSE PENTAGON, section 630 were enacted. Section 630 would effectively elimi- Washington, DC, July 18, 1997. The other option available to Federal nate the option for Federal agencies to To: Mr. Dan Alpert, Office of Senator Binga- agencies is to contract with energy work with utilities, receive any avail- man. service companies. I understand there able financial incentives, or take ad- Subject: Section 630 Senate Treasury and Postal Service Appropriations bill. may be concerns that these companies vantage of attractive forms of financ- are left out of the Federal Energy Man- ing. This would be a bad deal for the This is in response to your phone request for a Defense position on the proposed Sec- agement Program when the agencies taxpayer. tion 630 to the Senate Treasury and Postal choose to work with their local utili- Another part of section 152 of the En- Appropriation bill which would preclude any ties. Mr. President, I don’t believe this ergy Policy Act that section 630 would Federal agency from obtaining energy con- is the case. An article from the May 22, repeal specifically describes utility in- servation services on a sole source basis. 1997, New York Times describes the De- centive programs: I understand the intent of the section is to partment of Energy’s awarding of five (1) Agencies are authorized and encouraged assure best value to the government through competitive contracts worth up to $750 to participate in programs to increase en- competition. I cannot comment on the juris- million dollars. These contracts cover ergy efficiency and for water conservation or dictional issues, but I believe very strongly that the language as written would signifi- Federal buildings in Alaska, Arizona, the management of electricity demand con- ducted by gas, water, or electric utilities and cantly reduce the authority and opportunity California, Hawaii, Idaho, Nevada, Or- this Department has to take advantage of egon, and Washington. The winning generally available to customers of such utilities. private sector energy conservation expertise companies include energy service com- (2) Each agency may accept any financial and capital. I can only assume that the spon- panies such as Honeywell, Inc., and incentive, goods or services generally avail- sor of this section has been seriously misled Johnson Controls. Five more awards able from any such utility, to increase en- as to its implications. are planned over the next 2 years for a ergy efficiency or to conserve water or man- The Department of Defense is the single total contract value of $5 billion. It age electricity demand. largest energy user in the country and as (3) Each agency is encouraged to enter into such we have been and continue, to be com- seems to me that all commercial play- mitted to achieving the energy efficiency ers are helping Uncle Sam reduce his negotiations with electric, water, and gas utilities to design cost-effective demand improvement goals of the Energy Policy Act energy bill. Mr. President, I ask unani- management and conservation incentive pro- and President Clinton’s Executive Order mous consent that a copy of this arti- grams to address the unique needs of facili- 12902. If those goals are achieved, we will re- cle be printed in the RECORD at the ties utilized by such agency. alize a billion dollar reduction in our annual conclusion of my remarks. (4) If an agency satisfies the criteria which energy bill by 2005 and implement the most The PRESIDING OFFICER. Without generally apply to other customers of a util- cost effective environmental improvement objection, it is so ordered. ity incentive program, such agency may not result possible through pollution prevention. (See exhibit 2.) be denied collection of rebates or other in- With the reduction in available appropriated Mr. BINGAMAN. Mr. President, these centives. funds and technical personnel to achieve the buildings and energy systems improvements are but two examples from the Federal Congress placed very similar require- necessary to meet program goals, we are Energy Management Program. The En- ments on the Department of Defense in turning to the private sector for those re- ergy Policy Act of 1992 simplified the the Defense Authorization Act for fis- sources. contracting procedures Federal agen- cal year 1993. Mr. President, I will not The Military Departments and this office cies may use to implement energy con- read any more of the existing energy or have worked for over a year to develop a servation measures. The last thing we defense authorizations that would be memorandum of agreement with the Edison should be doing is eliminating options. wiped out by section 630. Instead, I ask Electric Institute to expedite participation We should be striving for maximum unanimous consent that there be print- in existing energy conservation programs of- fered by many of their member companies to flexibility and not hamstringing the ed in the RECORD at the conclusion of all customers. There is no question that De- agencies as they strive for substantial my remarks all the relevant provisions partment of Defense installations, and all progress. that allow local utility participation in Federal agencies, should have the same abil- Mr. President, last week the distin- Federal energy management programs. ity to access those programs provided to guished chairman of the Appropria- The PRESIDING OFFICER. Without other similar customers. The agreement, tions Committee stated that section objection, it is so ordered. based on authority in the Energy Policy Act, 630 ‘‘reflects no change in the law’’ and (See exhibit 3.) includes direction that a competitive pro- that the section ‘‘directs federal agen- Mr. BINGAMAN. Mr. President, I curement process be used to select the most have heard no arguments here as to cost effective and competent private sector cies to abide by the law.’’ I must re- firm capable of doing the specific technical spectfully disagree with the chairman. why these good provisions should now work. It is our belief that this utility ‘‘prime Section 630 would make very substan- be repealed. In addition, the Appropria- contract’’ process will lead to a significant tial changes in energy-management tions Committee’s report offers no ex- increase in the actual work done by the en- measures enacted as part of the Energy planation of the need for section 630. ergy savings performance contractor and Ar- Policy Act of 1992, which Senator MUR- Let me also observe that section 630 chitect/Engineer communities. KOWSKI and I, and the other members of attempts to make these controversial The intent of the DoD/EEI agreement was the Energy Committee, worked to pass. changes in energy legislation through simply to expedite the contracting process Last week, in speaking on section an appropriations bill. As far as I can through which Defense installations could access private sector energy conservation ex- 630, the chairman of the Appropriations tell, no formal notification to or con- perts and resources. Passage of Section 630 Committee listed what he stated were sultation with the Energy Committee would in fact seriously reduce the amount of the provisions that are, in his view, rel- has taken place. I doubt that such a work offered to all sectors of the energy evant to Federal agency contracting far-reaching change would be consid- community.

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21JY7.REC S21JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S7748 CONGRESSIONAL RECORD — SENATE July 21, 1997

I urge you to work to convince the Con- EXHIBIT 3 piration of the agreement, as determined to gress to strike Section 630. EXCERPTS FROM THE ENERGY POLICY ACT OF be in the best interests of the United States. MILLARD E. CARR, P.E., 1992 Mr. BINGAMAN. Mr. President, I Director, Energy and Engineering. SECTION 152(C)(2) (42 U.S.C. 8253(D)(1)(C)) yield the floor. I suggest the absence of Each agency shall take maximum advan- a quorum. EXHIBIT 2 tage of contracts authorized under sub- The PRESIDING OFFICER. The [From the New York Times, May 22, 1997] chapter VII of this chapter, of financial in- clerk will call the roll. centives and other services provided by utili- The bill clerk proceeded to call the UNITED STATES TO RENOVATE FEDERAL ties for efficiency investment, and of other BUILDINGS TO CUT ENERGY BILLS BY 25 PER- roll. forms of financing to reduce the direct costs CENT Mr. DORGAN. Mr. President, I ask to the Government. unanimous consent that the order for (By Matthew L. Wald) SECTION 152(F)(4) (42 U.S.C. 8256) the quorum call be rescinded. WASHINGTON.—The Federal Government, Utility incentive programs The PRESIDING OFFICER (Mr. the Nation’s largest landlord, will undertake (1) Agencies are authorized and encouraged HUTCHINSON). Without objection, it is a $5 billion renovation of its buildings to cut to participate in programs to increase en- energy bills by about one quarter, and all the so ordered. ergy efficiency and for water conservation or Mr. DORGAN. Mr. President, I ask money will come from private companies, the management of electricity demand con- the Energy Secretary, Federico F. Pen˜ a, an- ducted by gas, water, or electric utilities and unanimous consent that I be allowed to nounced today. generally available to customers of such speak for 20 minutes in morning busi- Mr. Pen˜ a named five corporate teams that utilities. ness. will do the first $750 million of work. When (2) Each agency may accept any financial The PRESIDING OFFICER. Without all the Government’s 500,000 buildings are incentive, goods or services generally avail- objection, it is so ordered. renovated, he said, energy costs will be cut able from any such utility, to increase en- f by $1 billion a year from the current $4 bil- ergy efficiency or to conserve water or man- lion. age electricity demand. FAST-TRACK TRADING AUTHORITY ‘‘That is real money, even by Washington (3) Each agency is encouraged to enter into Mr. DORGAN. Mr. President, I want standards,’’ Mr. Pen˜ a said. negotiations with electric, water, and gas utilities to design cost-effective demand to visit today on the floor of the Sen- An aide said the improvements, including ate about something that will come to better lamps, motors, air conditioning sys- management and conservation incentive pro- tems and heating equipment, were expected grams to address the unique needs of facili- the Senate, according to what I read in to save the Government $22 billion over their ties utilized by such agency. all the journals and newspaper articles, lifetime. (4) If an agency satisfies the criteria which in the month of September. This will generally apply to other customers of a util- The Energy Department has tried the ap- be a request from the Clinton adminis- ity incentive program, such agency may not proach before, on its headquarters on Inde- tration to the Congress to give them be denied collection of rebates or other in- pendence Avenue here and in other buildings, centives. something called fast-track trade au- but has found it cumbersome, as contracts thority. are bid building by building, officials said. EXCERPTS FROM THE DEPARTMENT OF DE- This poster behind me will tell my Now the Government has a standard con- FENSE AUTHORIZATION, PUBLIC LAW 102–484 colleagues of course how I feel about tract and a list of vendors and hopes to com- (10 U.S.C. 2865(D)) plete all Federal buildings by 2005. fast track. There will not be any great Energy saving activities The Government will invite an outside suspense by those who look at this contractor to perform an ‘‘energy audit’’ and (1) The Secretary of Defense shall permit poster to understand that I think fast- suggest improvements, stating a price for and encourage each military department, track trade authority is the wrong which it will do the work. If the Government Defense Agency, and other instrumentality track for this country. I want to spend accepts the bid, the contractor installs the of the Department of Defense to participate a little time talking about what fast new equipment at the contractor’s expense, in programs conducted by any gas or electric track is. I expect most people in the utility for the management of electricity de- an approach taken by many private building country are unfamiliar with the term. owners. mand or for energy conservation. (2) The Secretary of Defense may authorize What is fast-track trading authority? The Government will pay the contractor any military installation to accept any fi- And why are we debating it? part of the money that it saves on electric nancial incentive, goods, or services gen- Just the words ‘‘fast track’’ tell a and fuel bills. The payments will continue erally available from a gas or electric util- for a fixed period, usually five years. For the story. We all come from towns that ity, to adopt technologies and practices that contracts announced today, the maximum have understood what the word ‘‘fast’’ the Secretary determines are cost-effective payments will be $750 million. means. We have all had some folks for the Federal Government. come through our town with the mod- John Archibald, the deputy director of the (3) Subject to paragraph (4), the Secretary Federal Energy Management Program at the of Defense may authorize the Secretary of a ern-day equivalent of the old covered department, said he believed that the con- military department having jurisdiction wagon and the fellow wearing silk tractors would invest about $500 million di- over a military installation to enter into pants and a silk shirt and a top hat, rectly. In addition, officials said, the con- agreements with gas or electric utilities to selling some sort of bottled medicine tractors’ burdens include being paid back design cost effective demand and conserva- that cures everything from hiccups to over several years, and the risk that the sav- tion incentive programs (including energy the gout—the fast talker, fast-buck ings would not justify their improvements. management services, facilities alterations, The buildings to be improved range ‘‘from artist. We know about fast food and and the installation and maintenance of en- fast lanes. military posts to post offices, and from Fed- ergy saving devices and technologies by the eral monuments to memorials,’’ Mr. Pen˜ a utilities) to address the requirements and This is fast track. What does fast said. Most are office buildings, officials said. circumstances of the installation. track mean? Congress under the U.S. The contracts announced today cover all (4)(A) If an agreement under paragraph (3) Constitution has the authority on Federal buildings in Alaska, Arizona, Cali- provides for a utility to advance financing trade issues. I will put up a chart fornia, Hawaii, Idaho, Nevada, Oregon and costs for the design or implementation of a which shows that authority in the Con- Washington. Electricity prices in Wash- program referred to in that paragraph to be stitution. Fast track means that Con- ington and Oregon are among the lowest in repayed by the United States, the cost of gress will take its authority and essen- the nation, making savings more difficult. such advance may be recovered by the util- The work will be done by Honeywell, Inc., ity under terms no less favorable than those tially subjugate its authority to a of Minneapolis, which helped devise the con- applicable to its most favored customer. process by which an administration cept of contractor-financed energy improve- (B) Subject to the availability of appro- will go out and negotiate a trade agree- ments, Johnson Controls, of Walnut Creek, priations, repayment of costs advanced ment and then bring it back to Con- Calif., ERI Services Inc., of Brideport, Conn., under paragraph (A) shall be made from gress with an understanding that there and two corporate teams. One team com- funds available to a military department for shall not be any amendments on the prises The Bently Company/BMP Team, of the purchase of utility services. agreement. Fast track means that Walnut Creek, Calif., Puget Sound Energy, of (C) An agreement under paragraph (3) shall every Member of Congress will be pre- Bellevue, Wash., and Macdonald Miller Com- provide that title to any energy savings de- pany, of Seattle. The other team is Enova, vice or technology installed at a military in- vented from offering an amendment to which is the parent company of San Diego stallation pursuant to the agreement vest in the trade agreement. Electric and Gas, and Pacific Enterprises, the United States. Such title may vest at The Constitution of the United also of San Diego. such time during the agreement, or upon ex- States in article 1, section 8 says, ‘‘The

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21JY7.REC S21JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 21, 1997 CONGRESSIONAL RECORD — SENATE S7749 Congress shall have the power . . . to known as a country of shrewd Yankee deficit between what we ship into this regulate commerce with foreign na- traders. We could outtrade anybody country versus what we ship out, is tions.’’ Interpreted, it means that the anywhere any time, the shrewd Yankee this year 21 years old. We have had 21 responsibility for the issue of trade re- traders from that new United States of straight years of trade deficits growing sides here in the Congress. We also America. What happened? worse and worse every year. It is now have an executive branch and a Presi- What happened was that in the last of legal age, since we have had 21 years dent and an office of Trade Ambassador half century, following the Second of trade deficits. and others who go out and negotiate World War, our trade policy inevitably Last year, we had the largest mer- trade agreement with other countries. became our foreign policy. We did not chandise trade deficit in this country’s Of course, it is a different world now have a trade policy; we had a foreign history. Does it matter? Some say it than it was. We have much more com- policy with other countries. That for- does not. Some say it just does not merce, back and forth across the eign policy drove all of the trade deci- matter at all. It means that we are im- oceans, country to country, and across sions we made—with Japan, with Eu- porting cheap goods from around the national borders. So then the question rope, with all of our trading partners. world and so someone else has the is, who wins and who loses in this Our trade policy was driven by our American dollars that we paid for trade? Some would have us believe that foreign policy. At the time, of course, those goods. everyone wins in every circumstance. we were bigger, stronger, and had What will they do with these dollars? I was on an interview show last greater capability of dealing in inter- They will invest them in America. Thursday in downtown Washington, national trade. We could whip almost That is what they say. I suppose that DC, with Jack Kemp. Jack Kemp has a any of these countries with one arm suggests it does not matter who owns view about trade, and he is a good tied behind our back. That is how the productive facilities of our country friend of mine. I like Jack Kemp a lot, strong our economy was compared to a or the real estate of our country or who but his view of trade is, ‘‘All trade is Japanese economy that was wrecked owns much of the assets of our coun- just fine, because everybody wins. Open by World War II, a European economy try. I don’t happen to believe that, but it up and expand it and everybody that was wrecked by World War II and I suppose some probably say it does not wins.’’ in tatters and trying to rebuild. We matter. There are those who believe it However, that is not the case in could compete easily. We could provide is an international economy, let the international trade. There are winners concessions to every one of those coun- chips fall where they may, and if you and there are losers. Yes, expanded, tries, even giant concessions at that, cannot compete, you cannot compete. freer, and more open trade is good for and we did. Despite the fact that we did The dilemma is this: The U.S. pro- the world. There is no question about that, in the first 25 years after the Sec- ducer and the U.S. employer can com- that. But trade rules that are fair are ond World War, we saw continual wage pete with anyone in this world as long required in order that one country is gains in this country up and up and up, as the competition is fair. But no U.S. not winning at the expense of the other and we did very, very well. worker and no U.S. employer ought to country that is losing. I want to talk a But then what happened was Japan be required to compete against some- little about that today and how that and the Western European economies one who works 14 hours a day, is 14 fits with my concern about the issue of were rebuilt and became very strong. years old, and makes 14 cents an hour. fast track. And, they became shrewd, tough, inter- Yet this goes on all across the world, Now, there are a lot of things that national competitors. Meanwhile, our as I speak. are right in this country at the mo- trade policy with them was still driven Is that fair competition? Should we ment. We have a country that tends al- by our foreign policy. expect someone in Toledo, Fargo, Den- most inevitably to insist on talking With Japan, we began to become ac- ver, or Los Angeles to have to compete about what is wrong. But, there are a customed to deficits in international against 14-cent-an-hour wages? I don’t lot of things right in this country. Our trade relations every single year. In re- think so. I don’t think anyone actually economy is growing. It has been grow- cent years these have amounted to $40 believes that represents fair trade. ing for some long while. Unemploy- to $50 billion, and even $60 billion a Should we be expected to compete ment is down, way down. Inflation is year trade deficits with Japan, every against a country that insists on ship- down, way down, 5 years in a row, and single year. The same has been true ping its goods in wholesale quantity to is almost nonexistent. The Federal with some of our other trading partner our country but keeps its market budget deficit is down, and has been for relationships. closed to the goods produced by Amer- 5 years in a row. Now in recent times we have had a ican workers? I don’t think so. That is The fact is, there is some good eco- series of trade negotiations, some of not fair trade. nomic news in this country. People feel them under what is called the fast- Now, as a result of a number of those better about the future. Our economy track procedure. After every trade ne- considerations, and others, we have a rests on a cushion of confidence. When gotiation we have had days of feasting trade deficit that continues to grow. people are confident about the future, and rejoicing by those who negotiated Fast track is a process that started they make decisions that reflect that them. They talked about how wonder- back a couple of decades ago of negoti- confidence. They will buy a car. They ful the agreements were for America, ating trade agreements under a proce- will buy a house, buy a washing ma- but at the conclusion of it our trade dure called fast track so that no one chine, or buy a television set. If they deficit kept growing and growing and could amend the trade agreement when are not confident about the future, growing. it came back to Congress. they make the opposite choice. They There has been angst in this Cham- Look what has happened under fast decide not to purchase that washing ber, an enormous amount of discussion track. There is nothing but a sea of red machine or that car or that house. So about the other deficit, the fiscal pol- ink. Is it because of fast track? I don’t our economy rests on a notion of con- icy budget deficit, and it is a very seri- know. All I know is that within trade fidence. ous problem. Fortunately, we have agreements there are serious problems. Do people have confidence about the made significant progress in dealing For example, the one we have with future? At this point they do have with it. Canada results in a massive, massive more confidence about the future than Yet, the deficit called the trade def- problem with a flood of Canadian grain they had in the past. It is because most icit does not provoke one utterance in coming into our country unfairly and of the fundamentals about our econ- this Chamber. No one talks about it, no we cannot do a thing about it. We seem omy are moving in the right direction one thinks much about it, and no one powerless to deal with it. with one exception, and that is the appears willing to lift a finger to do I voted against the United States- area of international trade. anything about it. I will show my col- Canada Free Trade Agreement because People look to this country and say, leagues and those watching these pro- I thought it was negotiated in a way well, gee, in international trade, Amer- ceedings what has happened to the that was fundamentally unfair to our ica is remarkably successful. It is not. trade deficit. The merchandise trade country. I thought the negotiators ef- Two centuries ago, this country was deficit, that is, the imbalance or the fectively sold out the interests of

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21JY7.REC S21JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S7750 CONGRESSIONAL RECORD — SENATE July 21, 1997 American agriculture in negotiating With Mexico, we had a $1 billion sur- the problem of having to overcome a that trade agreement. Now, we find plus in the first year of the trade prohibition against hiring kids. We say ourselves now with a growing trade agreement under NAFTA. The next in this country that you can’t go hire deficit with Canada, and an avalanche year, we had a $15 billion deficit. The a 12-year-old kid and work him 12 of Canadian grain flooding into our next year, it was a $16 billion deficit. In hours a day. That violates the Child country, undercutting the price that other words, we now have a nearly $40 Labor Act in this country. We say, you farmers in our country received from billion combined trade deficit with can’t produce a product and dump an already weak grain market. Is that both of our neighbors. chemicals into the air and throw fair? I don’t think it is fair. So what does it matter, some say. chemicals into the water because we Let’s take a look at NAFTA, the ‘‘So what? Things are going fine. So have environmental laws that prevent United States-Canada Free Trade what?’’ What it means is that in the you from doing that. So that company Agreement, the Uruguay round of past 21 years, we have accumulated can say, fine, if you say we can’t hire GATT talks, the Tokyo round, all close to a $2 trillion account deficit kids, we can’t dump chemicals and sew- under fast track. What happens under that will have to be repaid with a lower age into the water and air, we will go fast track is that we negotiate a Tokyo standard of living in this country at to a country where we can. We will round, bring it to Congress, shove it some point in the future. So what? So produce it there and ship it back to through the Congress, and say you it means that we are inevitably weak- Fargo and to Buffalo and we will ship have no right in Congress to amend it. ening the production and the manufac- it to Dallas and put it on the shelves of Now, Congress decided that it should turing sectors of this country. No the stores to compete with products have no right to amend it. That is what country will long remain a world-class made in the United States, where you fast track is all about. There was fast economy unless it has a world-class have had to pay higher wages and you track with the United States-Canada manufacturing sector. If it does not have had to obey child labor laws and Free Trade Agreement. Shove it have a strong manufacturing base, it you have had to obey environmental through Congress, with no right to will not retain a strong world-class laws. amend it. None. Then there was economy. You cannot have a strong I question, is that fair trade? I don’t NAFTA, the North American Free economy just selling hamburgers and think so. Yet, that is exactly what we Trade Agreement, which includes Mex- insurance and so on, back and forth to are facing. Yes, we face it even close to ico—Congress had no right to amend it. one another; you must have a strong our border, but especially in many I led the fight against fast track on manufacturing base. other places around the world. this particular agreement when I was Now, let me describe a bit about We have a trade deficit in which 92 in the House of Representatives. We what has happened with the free trade percent of the merchandise trade def- lost by about 30 or 40 votes. Then the agreement. We were told that if the icit is with six countries: Japan, with Uruguay round comes to Congress. Congress passed something called nearly $50 billion; China, $40 billion; There was no right to amend it because NAFTA with Canada and Mexico that Canada and Mexico with another $40 fast track means that whatever they we would receive products that came billion; and Germany. negotiate you have to accept up or from low-skilled jobs from Mexico. We I was in China last November and down, with no amendments. were told that as a result of NAFTA, met with the President of China and The bars on this chart represent the we would have more American jobs be- talked about our trade relationship. I merchandise trade deficits that we cause of the trade agreement. Do you have no idea whether I made any im- have had since these trade agreements know that now, after a few years of pact. He was a wonderful person. China were adopted through the use of fast NAFTA, we have more automobiles has a terrific deal with this country. track. Can anyone in this country who shipped into this country, produced in We talk a lot about most-favored-na- has not had a fifth of Wild Turkey take Mexico, than are shipped from America tion status here in this Chamber. We a look at these and say that this is suc- to the rest of the world? had a vote on it last week. I didn’t cess? You have to be dead drunk to be- Let me say that again because I bet think we should vote on that within an lieve this is a success. This is an abys- most people don’t believe that to be appropriations bill without any signifi- mal failure. Part of it, in my judgment, the case. Now that we have opened cant debate, so I voted against that comes from fast track. This is a proc- these borders and we have allowed the amendment. But I specifically indi- ess that says to negotiators, go out and largest enterprises in this country to cated that that wasn’t a vote for me on negotiate and do what you want to do go find the cheapest labor they can the substance of the MFN issue. I think and bring it back, and then we will find, we now import more automobiles we ought to have a vote and a signifi- have a procedure in place that prevents from Mexico than the United States ex- cant debate on most-favored-nation any Member of Congress from cor- ports to the rest of the world com- status for China. recting a mistake you might have bined. But let me say this. We talk a lot made. This is not success. This ocean Think about that. Why does all this about most-favored-nation status and of red ink represents failure. matter? It matters because the manu- about human rights. Certainly human Let me take a closer look at one of facturing sector in this country is crit- rights is very important. The week I them in particular, the NAFTA agree- ical to an economy that is based on was in China, a fellow—I believe his ment. The NAFTA agreement is a good jobs with good incomes. If we are name was Wang Dan—was sentenced to trade agreement that we negotiated going to produce shoes, pencils, auto- 9 years in prison for criticizing the gov- with Canada and Mexico together. We mobiles, electronics products, and we ernment. Those human rights are im- already had the United States-Canada are going to do that in Mexico, in Ban- portant. Free Trade Agreement. We rolled that gladesh, in Sri Lanka, in Indonesia, be- At the same there is something else into a broader agreement which in- cause we can hire a worker in those that is also important. What about a cluded Mexico with NAFTA. Just prior areas at a fraction of the cost of what country that is exponentially increas- to the time the NAFTA trade agree- it would require us to pay to hire a ing its trade surplus with this country? ment was implemented, we had an $11 worker in the United States, what does We have become a cash cow for the billion merchandise trade deficit with that mean? It means production moves hard currency needs of China. Again, it Canada and a $2 billion merchandise offshore. Our production moves over- weakens us and strengthens them. trade surplus with Mexico. seas. What does that mean to the core They ship us their goods. In fact, al- Look at what has happened to this of the economy in this country? It is most half the Chinese exports come to country since this agreement was weakened. the United States of America, and yet, phased in: The deficit with Canada has The central question I ask about we get so few goods into China. gone from $11 billion to $14 billion to these trade relationships is whether it We ought to say to China, to Japan, $18 billion to $23 billion. Success? You is fair trade? Is it fair trade for a com- to Canada, and to others, that we ex- would have to be dead drunk to call pany to be able to just pole vault over pect and demand reciprocal and fair that a success. That is not a success. all of the problems in this country that trade treatment, and if you don’t give That is a failure. they have in producing? For example, it to us, the United States marketplace

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21JY7.REC S21JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 21, 1997 CONGRESSIONAL RECORD — SENATE S7751 is not open to you. The U.S. market- get much grain into Canada. I have numbers for the month of May. It indi- place is open to you if you treat us told my colleagues before about the cated that our trade deficit in goods, fairly. Yes, we are willing to compete. time that I got in a little orange truck the merchandise trade deficit for the We should be required to compete. But with Earl Jensen, and we took Earl’s month of May, was $17 billion, just for the competition ought to be fair. If it orange truck up to the Canadian border the month of may. That is up from is not, then we ought to have the nerve with 200 bushels of North Dakota $15.5 billion in the month of April. The and the will to stand up to these coun- Durum to try to get it into Canada. big news was that China’s trade deficit tries and say it is not fair to this coun- They said, ‘‘No, you can’t go across the exceeded Japan’s trade deficit for the try. And, it is not fair to American border here.’’ month, for the third time in history. workers and to American producers ei- We had a woman from Bowman, ND, These monthly statistics dem- ther. who lived in Canada. She married a Ca- onstrate another failure in trade. Un- In September, when we have a debate nadian and went home to Bowman for fortunately, it is greeted with a series on fast track, I am going to be on the Thanksgiving, and she had a desire to of yawns here in the Congress and in floor fighting as hard as I know how to bake some whole wheat bread. So she this town. Were someone to try to put fight to prevent us from granting fast- took a sack of hard red spring wheat— an op-ed piece in, for example, the track authority for new trade talks. Do good for baking bread—and she Washington Post about this issue, they I support the trade officials? Yes, I couldn’t take that back to Canada. would say, no, thank you, they don’t do want them to succeed. I want them to This was at a time when over 50 mil- those kinds of pieces. You can’t have a negotiate something that they can win lion bushels of Canadian wheat was debate about trade issues in this town, for a change. I am really tired of us los- coming into our country. Truckload because too many believe there are ing in international trade talks. after truckload that were clogging our only two sides of this issue. On one side Let me give you some specifics. Last roads. This lady got to the border and there are those who say we are for free Saturday morning, in Minot, ND, I met wanted to take in one grocery sack full trade, free, expanded, and open trade, with a group of grain producers. These of wheat in order to make whole wheat and that is good for the world. And are family farmers, who raise Durum bread. Guess where it ended up? they say everyone who doesn’t sub- and spring wheat. They have one prob- Dumped on the ground because you scribe to that is somehow an unin- lem. On the horizon of trade problems, can’t take one grocery sack of wheat formed xenophobic stooge who wants is this big or significant? Probably not, into Canada these days. to put walls around America. Those are on the whole horizon. But to them it is Are our farmers angry about this? the two camps that you are put into. it big. You bet. In many cases, it is a You’re darn right. Do they have a right You are either for free trade, period, or question of whether they survive and to be angry? Absolutely. They have a you are some sort of xenophobic, isola- do they make it. right to be furious about a trade rela- tionist stooge. That is just a thought- Here is their problem. We had a fel- tionship that is fundamentally unfair less way to deal with what I think is a low named Clayton Yeutter go to Can- to our side. Now, can we get someone significant problem for this country. ada and negotiate a trade agreement to fix it? We are trying. Mickey This country needs to understand with the Canadians. I didn’t vote for Kantor, a former Trade Ambassador, that our trade policy ought to dis- that. I said at the time that I thought took the first step. The fact is that it connect from our foreign policy. Our it was a terribly flawed agreement. At got better for a time. But once again, trade policy in dealing with trade com- that time, I didn’t know of the side this flood of wheat is exceeding the petitors who are savvy, tough, and deal that had not been made public. limits we had agreed to with Canada. shrewd, ought to be a policy that cares That side deal that had been made with I use that illustration only to say about the well-being of this country. I the Canadians was about how to com- that this example is just but one of the believe in open and expanded and more pute whether or not there was a sub- examples of problems we have with trade. I also demand that it be fair. If sidy for grains. When that was made trade issues that you can’t solve any- it is not fair, we ought to say to other public, it just destroyed my faith in more, because we pass trade agree- countries, you either get it fair and these kinds of negotiations. ments with something called fast allow entry to our products on a fair So now we find ourselves down the track. Under fast track you can’t fix basis, or we are not going to continue road some years from the United them when they are here. You either this one-way relationship. States-Canadian Free Trade Agreement have to vote yes or no, up or down, and This is not going back to some and here’s what we have. We have a the result is that these flawed agree- Smoot-Hawley notion of how we should Northern border with wonderful people. ments then become law. Those treaties trade. It is not calling for higher tar- They are good neighbors of ours. We or agreements are then wedded into iffs; nothing of the sort. It is demand- share a lot and we have a lot of com- American law and it prevents us from ing of other countries that we stop merce back and forth. providing remedies for the trade prob- being mistreated. It is demanding of However, in the area of grain, we lems that exist—yes, with Japan, with other countries that those who believe have had a flood of grain coming China, with Canada, with Mexico, and they can continue to access our mar- across, especially Durum, since this others. ketplace must understand that their agreement. For those who don’t know I think it is time for us to decide to marketplace will have to be open as a what that is, let me explain. Durum is put a stop to it. I think it is time for consequence of that, and the failure to the wheat you grind into something us to say to negotiators in trade that open it means that we will impose re- called semolina flour and that is what you go negotiate just as all of the ciprocal trade treatment on our trad- you use to make macaroni and other other negotiators do. When we send ing partners. pasta. Eighty percent of the Durum someone abroad to negotiate arms Now, we are going to have a meeting produced in America is produced in agreements, they don’t do so under fast in the next day or two with the United North Dakota. So if you are buying track. We didn’t have fast-track au- States Trade Ambassador and the Sec- some noodles or elbow macaroni or spa- thority to prevent any amendments on retary of Agriculture to talk about the ghetti, you are likely buying some- the floor of the House or Senate on the issues of United States-Canada grain. thing, if it is sourced in this country, nuclear arms reduction treaties that That is but one issue among these larg- that was raised somewhere in a field, we had. There was no fast track there. er sets of issues, but nevertheless it is or grew somewhere in a field in North Why on earth, if we don’t need fast important. I hope that this issue Dakota. The Durum market is a very track on arms control agreements, do doesn’t continue to fester. I hope that important market to our farmers. we need it on trade agreements? Are this side, that this Government and Well, we passed the United States- our trade negotiators so weak, so inept this country, will say to the Canadians Canada Free Trade Agreement and all that somehow they need fast track on the grain issue: You can’t do that. of a sudden, a flood of Canadian Durum when others don’t? We are not going to allow you to do came into our country, a literal flood Last Friday, the Commerce Depart- that. of Canadian Durum and, following it, ment released the statistics that de- But my experience has been, regret- other wheat and barley. But you can’t scribe what happened to our trade tably, over many years, that standing

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21JY7.REC S21JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S7752 CONGRESSIONAL RECORD — SENATE July 21, 1997 up for this country’s interests has been expanded world trade, provided the cir- DEPARTMENTS OF VETERANS AF- the exception rather than the rule in cumstances and rules of trade are fair, FAIRS AND HOUSING AND URBAN trade issues. All too often our country is good for this world. But everyone DEVELOPMENT, AND INDE- backs away and says, well, we don’t also ought to believe that when this PENDENT AGENCIES APPROPRIA- want to ruffle any feathers here. I am country is taken advantage of with TIONS ACT, 1998 just a little tired of that. markets that are closed, rules that are The PRESIDING OFFICER. Under When China wants to buy airplanes, unfair, and countries that employ child the previous order, the hour of 3 p.m. guess what? China is a huge market labor and pollute this Earth’s environ- having arrived, the Senate will now with 1.2 billion or so people, and they ment, that is not fair trade and is not proceed to the consideration of Senate need to buy airplanes. So I am told something we ever ought to have to bill 1034, which the clerk will report. that China comes to our country and subscribe to. The assistant legislative clerk read says to us, ‘‘Well, we need to buy some Mr. President, once again, I expect as follows: airplanes, and we don’t manufacture September will be an interesting A bill (S. 1034) making appropriations for airplanes. But instead of buying it month and a challenging month on the the Departments of Veterans Affairs and from you, what we want you to do is issue of trade largely because of the de- Housing and Urban Development, and for bring your technology and produce it bate on fast track. I intend to be back sundry independent agencies, commissions, in China.’’ often to discuss this subject. corporations, and offices for fiscal year end- I don’t understand that either. This ing September 30, 1998, and for other pur- Mr. President, I yield the floor and poses. country ought not be interested in make a point of order that a quorum is The Senate proceeded to consider the that. When we have a country with a not present. $40 billion trade surplus with us, or we bill. The PRESIDING OFFICER. The Mr. BOND addressed the Chair. a deficit with them, and they need clerk will call the roll. The PRESIDING OFFICER. The Sen- something we have, then they ought to The bill clerk proceeded to call the ator from Missouri. buy it from us off the shelf. China roll. Mr. BOND. Madam President, I thank ought to buy more wheat from us. They Mr. SHELBY. Mr. President, I ask the Chair. ought to buy airplanes from us pro- unanimous consent that the order for Madam President, with my distin- duced in this country with U.S. em- the quorum call be rescinded. guished ranking member, I am pleased ployees and from U.S. companies. The PRESIDING OFFICER (Mr. to present to the Senate the fiscal year We ought not to continue to allow KYL). Without objection, it is so or- 1998 VA–HUD and Independent agencies our trading relationships to be foreign dered. The Senator has 10 minutes appropriations bill. This bill is not per- policy relationships. They ought to be under morning business. fect, as is usually the case with the economic relationships with tough, Mr. SHELBY. I thank the Chair. measures that we present, and not ev- shrewd negotiators working out rela- eryone is fully satisfied, but, neverthe- tionships where the rules are fair, (The remarks of Mr. SHELBY per- taining to the introduction of S. 1040 less, every attempt was made to where our employees and our producers achieve a balanced, fair bill which can expect fair treatment and fair abil- are located in today’s RECORD under ‘‘Statements on Introduced Bills and meets our highest priority. ity to compete. While I am very grateful for the sup- Joint Resolutions.’’) So, in September when the President port of the appropriations chairman in brings to this Congress a request for the allocation process, it should be rec- fast-track trading authority, I intend f ognized that the allocation is slightly to be on the floor of the Senate saying above the amount assumed in the budg- no. I have no idea how many of my col- THE VERY BAD DEBT BOXSCORE et agreement. Our job was made ex- leagues will join me. I know for sure as Mr. HELMS. Mr. President, at the tremely difficult once again this year I stand here today that those of us who close of business Friday, July 18, 1997, by an extraordinarily tight initial do say no will be branded as some sort the Federal debt stood at 602(b) allocation. I might add that we of isolationists. Those who do that are $5,363,155,572,034.79. (Five trillion, three are awaiting final Budget Committee wrong and thoughtless, but they will hundred sixty-three billion, one hun- action, which I expect will be forth- do it. dred fifty-five million, five hundred coming shortly, to achieve the final al- But I will insist that finally this seventy-two thousand, thirty-four dol- location numbers. country have the nerve and the will to lars and seventy-nine cents) The allocation represents a reduction stand up for itself and its interests. I One year ago, July 18, 1996, the Fed- of about $1.4 billion below the Presi- believe that my children will inherit, eral debt stood at $5,168,794,000,000 dent’s request in outlays. Clearly, ful- just as they inherit the budget deficit, (Five trillion, one hundred sixty-eight filling the President’s request in many a trade deficit that means we will have billion, seven hundred ninety-four mil- areas has been impossible under these a lower standard of living in this coun- lion). numbers. try unless we take action to deal with The bill totals approximately $69.4 Twenty-five years ago, July 18, 1972, it and deal with it effectively. billion in discretionary budget author- the Federal debt stood at Let me conclude where I began. This ity, plus an additional $21.5 billion in $432,236,000,000 (Four hundred thirty- country can compete on any terms mandatory spending. two billion, two hundred thirty-six mil- anywhere in this world as long as the Our highest priority was adequately lion) which reflects a debt increase of rules are fair. But we have not been funding VA medical programs, which in nearly $5 trillion—$4,930,919,572,034.79 able to satisfactorily conclude trade the budget agreement took a $300 mil- (Four trillion, nine hundred thirty bil- negotiations in recent decades in any lion cut. Protecting VA medical care lion, nine hundred nineteen million, reasonable way that gives us the feel- meant that fulfilling the President’s five hundred seventy-two thousand, ing—or at least gives me the feeling— full request for EPA, for which a 12 per- thirty-four dollars and seventy-nine that we have succeeded. cent or $850 million increase was re- cents) during the past 25 years. Time after time after time our trade quested, simply was not possible. negotiators celebrate after they have Mr. SHELBY. I suggest the absence In addition, the subcommittee did lost. They don’t understand they have of a quorum. not apply cuts totaling $230 million to lost. I am not even sure they do when The PRESIDING OFFICER (Ms. COL- the National Aeronautics and Space they see the red ink pile up and the LINS). The clerk will call the roll. Administration or the National growing, record merchandise trade def- The assistant legislative clerk pro- Science Foundation which were as- icit that now exists in this country. ceeded to call the roll. sumed in the budget agreement. I hope that one day we can have a Mr. BOND. Madam President, I ask Finally, the budget agreement sug- thoughtful and interesting debate unanimous consent that the order for gested that public housing, community about trade policy. It should not be be- the quorum call be rescinded. development block grants, the HOME tween camps who think trade is good The PRESIDING OFFICER. Without Program for local governments to as- or bad. Everyone ought to believe that objection, it is so ordered. sist in housing, and the McKinney

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21JY7.REC S21JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 21, 1997 CONGRESSIONAL RECORD — SENATE S7753 Homeless programs all be cut. Clearly, coupled with our budget constraints naut and his Russian companions on those cuts were unacceptable, and we previously described, a $700 million in- the Mir space station. We have supplied did not include them. crease simply could not be justified. NASA with the President’s request and For the Veterans Administration the Senators CHAFEE and SMITH, chairman will work with the agency to allow committee recommendation totals of the authorizing committee and sub- them the flexibility to continue their $18.7 billion in discretionary funding, committee respectively, have indicated exciting research and development an increase of $92 million above the their opposition to a large boost in missions while at the same time work- President’s request and almost $400 Superfund appropriations prior to reau- ing to control their costs. million above the amount assumed in thorization and reform badly needed in For the National Science Founda- the budget agreement. Increases were that program. Finally, there are seri- tion, the recommendation includes provided to VA medical care, research, ous questions as to whether EPA could $3.377 billion for the National Science and the State home construction grant even spend the full amount being re- Foundation, $10 million above the program, the latter of which demand quested. President’s request and $60 million far exceeds available Federal matching In terms of operating programs, above the budget agreement assump- funds. which are up almost $100 million over tions. This subcommittee believes that The recommendation for VA is predi- last year, the largest reduction—$122 research and development is essential cated on enactment of reconciliation million—below the request was taken to our Nation’s future and wants to legislation giving VA authority to re- from a laboratory construction project give the NSF the necessary resources. tain collections from third-party pay- in Research Triangle Park, NC. Suffi- Included in the mark for NSF fund- ers and copayments. Such collections cient funds remain available to con- ing is the provision for a new plant ge- are estimated to total $600 million next tinue progress on the new building at nome initiative. An interagency work- year, and together with the medical this time. ing group convened by the President’s care appropriation will result in an in- In addition, all major operating pro- science adviser has recently reported crease over fiscal year 1997 of $617 mil- gram accounts in the Environmental on the exciting prospects in genome re- lion in available discretionary funding Protection Agency will receive in- search. Their report recommends ex- for VA medical care. The amount rec- creases. Again, this year the com- panding current studies of plant ommended will enable VA fully to con- mittee made as its highest priority genomes to economically important tinue on the path of improving the EPA funding for States for implemen- crop species, including corn. We have quality of health care services, in- tation of environmental requirements. supplied NSF with the resources to crease the number of veterans served, A significant increase is recommended jump-start that effort and applaud the and increase the provision of care in for State revolving funds. agency’s interest and support in ex- ambulatory and community-based set- The committee recommendation re- ploring the broader applications of the tings. stores the President’s proposed $275 research they fund. The bill would also require VA to million cut to clean water State re- For the Federal Emergency Manage- begin implementation of a number of volving funds and fully funds the $175 ment Agency, the recommendation to- preliminary recommendations of the million increase for drinking water tals the President’s request of $788 mil- National Academy of Public Adminis- State revolving funds, for a total of lion exactly, including $320 million for tration report regarding the Veterans $2.075 billion. These funds are vitally disaster relief. A prohibition on spend- Benefits Administration. These rec- needed, Madam President, with the ing is included in the recommendation, ommendations are intended to improve EPA’s estimate of drinking water and consistent with legislation FEMA re- and expedite the processing of vet- clean water infrastructure require- cently proposed to reform the disaster erans’ claims for benefits. Addressing ments nationally exceeding $200 bil- relief account. This is an area I have this problem is long overdue. lion. I believe every Member of this long been interested in addressing, as For the Department of Housing and body, when she or he returns to their the costs of this program are com- Urban Development, the committee State, will find that these priority pletely out of control. The limitation recommends $25.4 billion, including flat needs are there. They are critical and on spending included in this measure funding for most programs such as they are absolutely essential to main- as recommended by FEMA would pro- CDBG, HOME, public housing, and taining the health of our populace as hibit disaster relief funds from being homeless assistance. The budget agree- well as the quality of our environment. spent on such projects as golf courses, ment assumes cuts in each of these In addition, the committee rec- stadiums, parks, and recreational fa- programs. And as I indicated, the com- ommends a $50 million boost to State cilities, trees and shrubs. While the mittee did not accept that budget environmental assistance grants, in limitation on spending is modest, it is agreement recommendation. part for additional responsibilities in at least a first step, long overdue, and In addition, the mark restores the the area of air quality standards, for a an important one that we should take. President’s budget cut of $365 million total of $725 million. The leaking un- I anticipate the authorizing committee to elderly and disabled housing, with a derground storage tank grants are in- will expedite its consideration of total of $839 million included in the creased $5 million, for a total of $65 FEMA’s proposed Stafford Act amend- recommendation for this program. million. This program is vital in pro- ments in September. Furthermore, the bill provides $9.2 tecting ground water resources. Also in FEMA, the newly authorized billion to fund section 8 contract re- To minimize controversy and expe- dam safety program is fully funded at newals fully for which the budget reso- dite consideration of this bill, there are $2.9 million and State and local assist- lution included a special reserve ac- no EPA legislative provisions included ance grants are increased $3 million. count. in the committee recommendation. If I might add that, as mentioned ear- For the Environmental Protection Members wish to offer such amend- lier, we are waiting final action from Agency, the committee recommenda- ments, we ask that you bring them for- the Budget Committee to revise the tion totals almost $7 billion, an in- ward. We will deal with those in the 602(a) allocation, which is anticipated crease of $180 million over the fiscal full body. We did not deal with them in shortly, after which the subcommittee year 1997 level. While this rec- committee. 602(b) allocation will be revised so that ommendation is $680 million less than For the National Aeronautics and we may be in conformance with that the President’s request, the reduction Space Administration, the committee allocation. The action is necessary is attributable primarily to the deci- recommends $13.5 billion for NASA, the owing to the budget resolution’s spe- sion not to fund a requested 50 percent same as the President’s request. The cial treatment of the HUD section 8 increase for Superfund. past few weeks in the news have exem- contract renewal accounts. Given that the Superfund Program is plified NASA’s situation, from the PRIVILEGE OF THE FLOOR sorely in need of reform and reauthor- heady excitement of seeing the Amer- Mr. BOND. Madam President, I ask ization, with the General Accounting ican robot Sojourner cruising the sur- unanimous consent that Sarah Office designating it as a high-risk pro- face of Mars to the continued concerns Horrigan, who has worked on space and gram subject to fraud, waste and abuse, over the safety of our American astro- science issues on this bill, be allowed

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21JY7.REC S21JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S7754 CONGRESSIONAL RECORD — SENATE July 21, 1997 the privilege of the floor during consid- Given the tight allocation, the chair- tion program. This is a program that is eration on S. 1034, the VA–HUD appro- man and I did the best we could to bal- very important because, hopefully, it priations bill and any votes therein. ance the needs of diverse groups of ends public housing in the way we The PRESIDING OFFICER. Without agencies funded within this sub- know it and says that public housing objection, it is so ordered. committee. With a better allocation, should not be a way of life, but be a Mr. BOND. Madam President, it is we could have funded all the agencies way to a better life. Always where now my pleasure to yield to my part- in this bill at higher levels. But we there is compelling need there is often ner in this effort, the distinguished were ready to make tough choices and sometimes sloppy administration. I Senator from Maryland. set priorities. concur with the report language of- I yield the floor. On the majority of the aspects of the fered by Senator BOND directing the Ms. MIKULSKI addressed the Chair. bill, I want to say unequivocally I sup- Government Accounting Office to con- The PRESIDING OFFICER. The Sen- port Senator BOND, the chairman of the tinue its analysis of Hope 6 to make ator from Maryland is recognized. committee, the Republican, on his pri- sure that the effectiveness of the pro- Ms. MIKULSKI. Madam President, orities. There are some yellow flashing gram is being monitored to ensure that thank you very much. lights related to President Clinton’s for those receiving Hope 6 benefits in PRIVILEGE OF THE FLOOR agenda that I will address in my re- public housing, which was designed to Ms. MIKULSKI. Madam President, I marks, but we are very much in sync community build and have work force now ask unanimous consent that dur- and in alignment with what we want to readiness, the GAO will make sure that ing the consideration of S. 1034, the do. I am particularly grateful for the work force readiness aspect is real- VA–HUD appropriations bill for fiscal Chairman BOND’s efforts reflected in ly doing what it should. year 1998, Ms. Stacy Closson, a detailee this bill to continue many of the initia- Then we move on to our very impor- from DOD serving with the VA–HUD tant science programs as well as Fed- tives voted by the subcommittee over Subcommittee be provided floor privi- eral Emergency Management. Thanks the past several years when I chaired leges during the consideration of this to the efforts of this subcommittee, the it. bill. national space agency, the National As I said, I wholeheartedly agree The PRESIDING OFFICER. Without Science Foundation, and Federal with Chairman BOND’s attempt also to objection, it is so ordered. Emergency Management are all funded avoid controversial riders this year and Ms. MIKULSKI. Thank you, very at the President’s request level. We, on to keep out significant new legislative much, Madam President. this side of the aisle, say thank you, provisions not dealt with by this sub- Today, I rise to join my distinguished thank you to Chairman BOND for work- colleague, the Senator from Missouri, committee. We have essentially said to ing with us to make sure that core to offer for floor debate and the consid- Democrats and Republicans alike, science programs are funded and Fed- eration of the Senate the fiscal year don’t play pin the tail on the donkey eral Emergency Management continues 1998 appropriations bill for VA–HUD with this bill, adding controversial rid- to be fit for duty should other people and independent agencies. ers, and also, if you have new ideas for around the United States have to dial This is an extraordinary bill because new initiatives, hey, why not try the 911. I think all of us who watched Hur- it deals with 7 Cabinet-level Govern- authorizing committee for a change ricane Danny were glad it was down- ment agencies and 18 other agencies and see if we can move legislation that graded to a tropical storm, but when it that are important to the United way. hits Alabama with over 25 inches of States of America. These agencies There are several things, though, rain in a very short time and you see range from Veterans, Housing, the En- that I really approve of in this bill. people carrying out their children and vironmental Protection Agency, the Both Chairman BOND and myself con- their most precious possessions, we National Space Agency, the National sider veterans to be a very high pri- know why FEMA exists. Science Foundation, Federal Emer- ority and veterans medical programs to Despite the tight allocation, I am gency Management Agency, as well as be of special priority. This bill restores pleased we were able to meet the Presi- the National Corporation for Volunteer $300 million worth of cuts assumed in dent’s request for these key agencies Services, and we go on to Selective the budget agreement and puts them in while protecting the funding in vet- Service. veterans medical care and also in vet- erans medical care, disaster relief, crit- People would be surprised to know erans medical research. Veterans fund- ical science and space. I think America that Arlington Cemetery is also funded ing remains a key concern of mine, and has to be incredibly thrilled with the in this bill. We stand sentry for con- I will continue to fight to ensure that breakthroughs NASA has made as So- sumers through the consumer product promises made are promises kept. I journer continues to roll across Mars. safety legislation. Those little pam- will also stand sentry to make sure Scientific developments, such as the phlets that taxpayers send for from that the Veterans Administration Sojourner, the Hubble telescope, Mis- Pueblo, CO, a big chunk of their fund- meets its projections in third-party in- sion to Planet Earth, are truly special ing comes out of this bill. So when we surance collections that are designed American projects, and show that we say veterans, housing, and independent to help increase medical care spending. are No. 1 in space. FEMA is another agencies, this is probably, along with This bill also restores several cuts agency that is doing a very good job, defense and the Labor-HHS bill, the made to key programs at the Depart- and this critical agency has shown most complex bill. Therefore, when we ment of Housing and Urban Develop- steady improvement in recent years in bring it to the Senate, sometimes our ment. This was restored as the commu- responding to America’s natural disas- funding sounds like it is significant in nity development block grant funds so ters. terms of its dollar amount, but we real- important to mayors and local commu- Madam President, I also want to call ly have worked very hard to get a dol- nities, the project HOME, public hous- to your attention the fact that the ad- lar’s worth of services for a dollar of ing and homeless assistance. ministration does have some serious taxes. Also, something I am particularly concerns with the reductions in this The bill before the Senate is a $90 bil- pleased to work with Chairman BOND bill. I call these yellow flashing lights. lion bill that includes $21.5 billion in on is we restored the cuts in elderly Given the tight allocation, I under- mandatory spending which is primarily and disabled housing. When the budget stand that not all the programs could directed at veterans, and appropriates agreement was first proposed, there be funded at the President’s request. a total of $69.4 billion in discretionary was a suggestion that this particular Measures had to be taken, protective budget authority. This is almost equal area of funding receive $400 million. measures, for several key programs. to the House in total funding, and more Senator BOND and I agreed we should That meant that other important ini- than $90 million below what President fully fund it at last year’s level and tiatives could not be adequately ad- Clinton requested. However, the alloca- have $839 million that will go to being dressed. So, in looking out for vet- tion for the Senate, which is the total able to build housing for the elderly erans’ medical care, that meant ful- amount given to us to spend, was al- and for the disabled. filling the President’s full request for most $800 million below that of the The Senate bill has also added a mod- an $850 million increase to the EPA House. est increase to the Hope 6 revitaliza- budget

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21JY7.REC S21JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 21, 1997 CONGRESSIONAL RECORD — SENATE S7755 simply was not possible. As a result, that there are over 3,000 acres of ered on the floor, it is usually the request for a 50-percent increase in brownfields in and around our port boilerplate for each side to say nice the Superfund was not yet met. area which, if we could clean them up, things about the counterpart. In the As you know, the President is a would offer kind of a second version of case of the VA–HUD bill—this is a very strong advocate of the Superfund. This an empowerment zoning. difficult bill—I say without reserva- will be a key issue to resolve during Madam President, given these con- tion, and not as a matter of mere for- the upcoming weeks while the House cerns, I will be offering an amendment, mality, that one of the great benefits I and Senate are in conference on this as I said, that will restore funding, have in working through a very, very bill. I really encourage the authorizers, some funding, modest funding, for the difficult bill is that I have the distin- while we are in conference, to try to America Reads Program under the Cor- guished Senator from Maryland as my pass the authorizing bill so that the poration for National Service, em- ranking member. She has helped me a authorizing bill could match, perhaps, powerment zoning in the HUD budget great deal learn and understand many what we were able to do in conference. and predisaster mitigation for FEMA. I of the great challenges in this bill from Another yellow flashing light is the will in no way make an effort to re- her position as having chaired this $146 million reduction to the Presi- store full funding for those programs, committee. She has presented to us, in dent’s request for the Corporation for because it just is not fair. But I will be very workable fashion, a number of the National and Community Service. This looking to see what we could do to concerns we have been able to meet in request was to be used for the Presi- have a placemarker to go to con- this bill, and I really could not be here dent’s program called the America ference. with this difficult a bill in as good a Madam President, there is mixed Reads Challenge. It is to be a national shape as I believe it is without her sup- news in this bill for the administra- literacy campaign to ensure that every port. It has been absolutely invaluable tion. Like you, I am interested in pro- child can read, and read well and inde- to me to have her assistance and that ducing a final bill that is agreeable and pendently, by the third grade. The of her able staff. budget agreement called for funding in signable. I believe the bill that we have She mentioned a modest amendment produced is a very good start. In fact, this program. However, it was not that I look forward to working with it is an excellent start to ensuring funded in either the House or the Sen- her to include. ate bill. funding for many of this Nation’s vital I guess my whole concern over this Illiteracy in this country is of great programs. I will work with my col- bill—it was with a slight tear in my concern for all, and all ages, but, real- leagues now on the floor to see how we eye that I read the statement of admin- ly, if we could make sure every child could accommodate them. I will work istration policy from Budget Director was immunized by the time they were with my chairman during conference Raines. He said some nice things about 2, could read by the time they were in and continue to try to address the ad- working with the committee. On the ministration’s concern. third grade, had access and knew how first page of his letter, he said, ‘‘We In closing, I want to thank Senator to use a computer by the time they urge the committee to reduce funding BOND again for his hard work and his were 12, we would do a lot about em- willingness to listen to my side of the for lower priority programs or for pro- powering our children. I support the aisle’s concerns and to honor many of grams that would be adequately funded restoration of that funding. the requests made by President Bill at the requested level and to redirect A third flashing light to the adminis- Clinton. I am pleased, when it came to funding of programs of higher pri- tration is the elimination of funding funding like NASA, like the National ority.’’ for the community development finan- Unfortunately, we have looked at the Science Foundation, the funding for cial institutions, something called programs. We have not funded the Federal Emergency Management, it CDFI, another program that was pro- lower priority programs to the best of knew no party, because when we are up tected in the budget agreement, which there on Sojourner, when we might our ability. The priority funding that helps to spur business activity and tra- have to be part of the rescue operation we have included in this bill does re- ditionally underserved communities, for Mir, when we are doing so many flect the priorities of what I hope will and is particularly focused on microen- very important things at the National be a bipartisan majority of this body. terprise endeavors that enable women Science Foundation and helping rescue We do have the option when we go to of modest means to be able to move in Americans who have been hit by na- conference, we hope, of increasing the terms of economic development in tional disasters, this is not about overall allocation, so that there will be business. The House bill funded this at party. I commend the cooperative na- more funds available, and that we will $125 million, and we hope this will be a ture in which this bill has been crafted. be able to put some more money in the restoration where there is some type of I believe we have produced a bill that higher priority programs. But given agreement. This is a high priority of can be signed into law with some of the the nature of the allocation and the mine during the conference. appropriate amendments in conference many pressing needs, as my ranking It will be my intent to offer an consideration. member has outlined and as I have out- amendment or perhaps work with Sen- Madam President, before I yield the lined, there are not low-priority pro- ator BOND as we go through the other floor, I say to all of my colleagues from grams funded in this bill. amendments to see if we could not ad- my side of the aisle, if you have amend- I note that on the America Reads dress the issues of empowerment zones, ments, please let us know them. We Program, it has not been authorized. America Reads, and Federal emergency know that between now and 5:15 when We don’t really have any details on it mitigation efforts to see if we could we start voting on Treasury, Post Of- yet. So we were reluctant to go forward find some funds to be able to have a fice, it would be enormously useful to with the President’s full request. When placemarker in this budget going to Senator BOND and myself to know what I first heard about it, I thought it conference for these very important any amendments are so that we could would be a program that would be programs. either work with you to accommodate funded in Labor-HHS if it is a reading I do appreciate Chairman BOND’s you or be able to set the stage on how program. But I am certainly willing to willingness to fund the EPA we can proceed with this bill. I believe work with my minority colleagues in brownfields request and the inclusion it is Senator BOND’s intention, and I trying to make some accommodation of the report language allowing the will do my best to cooperate with him, of the President’s interests there. HUD–CDBG money to be used for that we will conclude this bill tomor- With respect to the brownfields HUD brownfield activities. A concern for the row at the earliest possible time. program, I have said on this floor many administration is the absence of the re- Having said that, I look forward to times that HUD is a very troubled quest of increase for the HUD the debate, as always, on this bill and, agency that is having a great deal of brownfields program. The brownfields as always, have enjoyed working with difficulty running the programs it is initiative can play a critical role in re- my colleague, Senator BOND. I yield supposed to run. That is why I am re- storing urban areas. In my own home the floor. luctant to give it a new responsibility State of Maryland, in the Baltimore Mr. BOND. Madam President, when in the environmental area. EPA is han- metropolitan area alone, we estimate major measures like this are consid- dling that program. We have included

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21JY7.REC S21JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S7756 CONGRESSIONAL RECORD — SENATE July 21, 1997 money for the EPA for the brownfields Madam President, I yield the floor. program. It was true ever since I was program. We made brownfields clean Mr. BOND. Madam President, I sug- involved in the space program many up an eligible activity for the commu- gest the absence of a quorum. years ago, during Project Mercury and nity development block grants, so that The PRESIDING OFFICER. The our first orbital flights. There are a communities without an undue benefit, clerk will call the roll. number of examples of research con- Federal bureaucratic interference, The assistant legislative clerk pro- nected just with the space program, might be able to clean up some of them ceeded to call the roll. and particularly with the space shuttle themselves. So we feel that the Mr. GLENN. Mr. President, I ask experiments, that I think everyone can brownfields program is not one that unanimous consent that the order for relate to. ought to be added to HUD’s already the quorum call be rescinded. We will have applied science and sci- too-full plate. The PRESIDING OFFICER (Mr. entific research going on through the After speaking briefly with my rank- HAGEL). Without objection, it is so or- years with the international space sta- ing member, I join with her in urging dered. tion project. Every year we debate this our colleagues to bring forward the Mr. GLENN. Mr. President, if there is on the floor. Fortunately, to my way of amendments. We hope to know by 10 anything that sets this country apart thinking, we have continued to fund o’clock tomorrow what amendments from other nations around the world, it the space station. It is one of the great- are pending. We want to be accommo- seems to me it would be our, almost est scientific engineering cooperative dating. We want to accommodate our our innate curiosity, our questing spir- efforts in the history of this world. We colleagues if they do have amendments it that led people not only to explore have a number of things that are being and, if possible, we would try to accom- geographically, but led them to explore looked into now on the shuttle that modate them. If we simply do not see in the laboratories of our Nation and could be done better and longer term the resources available, we would like express our curiosity in learning new on the international space station to move expeditiously to a vote on it, things. That is at the heart of science, when it comes along. Parts of it will if that is required. I am most encour- learning the new and putting it to use. start being put up at the end of next aged by the optimistic thought that we We could run through a whole gamut of year. But a lot of things that have could finish this very important bill by things in history. We could talk all come out of the shuttle program so far not too late tomorrow. I am from Mis- night tonight about different things are of very, very practical use right souri and it is the ‘‘show me’’ State. I that have revolutionized our way of here on Earth. will believe it when we have final pas- doing things on Earth. One experiment that I find most in- sage. But I commit to working with The Wright brothers were curious triguing is protein crystal growth. It is the ranking member and all of my col- about whether we could fly or not, fascinating. It brings a whole new leagues. whether you could get the air to react input to medicine, to the thousands of In the past, we have been swamped at enough off an airfoil so you could fly— different proteins and combinations the end with a large number of col- and they were ridiculed for it. Some that make up our bodies and literally loquies and senses of the Senate. I have people said, ‘‘If God wanted us to fly, stands to transform the way medicine found, through very painful experi- why, he would have made feathers on looks at itself and the way we treat ences, that I need to read those and us so we could fly.’’ Their curiosity led disease and what we can do with regard make sure that we have time to con- to airplanes and the aviation industry to immunities. sider them fully on both sides. So if and changed the nature of the whole Let me give just one example. We colloquies or other noncontroversial world. You can say the same thing have a chart here I would like to have items are to be inserted, it would be of about curiosity about the internal put up that shows what is going on great help to me and I would appre- combustion engine and automobiles with treating flu. A flu remedy is being ciate it, as my ranking member would, and communications and how we trans- developed with space-grown crystals, if we could see those colloquies as soon mit sounds from one place to another— where you can better find out how the as possible, so we will be able to give the telephone, the Bells—computers flu bug itself reacts. The loss of produc- them full consideration. and plastics and TV and nuclear energy tivity due to flu is staggering. Its costs Now, Madam President, I had hopes and agricultural research. range as much as $20 billion a year. that one of our very distinguished col- We never think of agriculture in this There are high-mutation rates of the leagues would be able to be over this country as being such an example of flu virus. New data from the protein afternoon. We heard that Senator basic research, yet, just in my own life- crystals grown in space and on Earth GLENN might wish to come and talk time, the corn production in Ohio has have unlocked the secret of the flu bug about the space station. We are open gone from about 48 bushels per acre to and revealed its Achilles heel. The se- and we are ready to do business. We something like 137 on the average and, cret lies in a small molecule which is will be more than happy to entertain in some places, going close to 240 bush- attached to the host cell’s surface and any measures. If any colleagues have els an acre in certain selected spots. each flu virus, no matter what strain, an amendment that may need to go to That is just enormous. That did not must remove this small molecule to es- a voice vote, we would like very much occur because people are working three cape the host cell to spread infection. to lay it down today. We have both the or four times as hard. It occurred be- But using data from space and Earth- time from now until 5:15 and then after cause of basic, fundamental research, grown crystals, researchers from the the votes to do it. It is the request, I people curious about soil and about fer- Center of Macromolecular Crystallog- believe, of the leaders that we move tilizer and seeds and hybrids and so on. raphy are designing drugs to bind with forward. If there is an amendment that We can go on with antibiotics and this protein’s active site, in other we can debate and set for a vote tomor- anatomy and physiology and all the words, the lock on this site. This lock- row morning, we would like very much things we know in medicine these days. and-key reduces the spread of flu in the to do so. We could talk for many hours about body by blocking its escape route. Madam President, I yield the floor. where this questing, curious nature In collaboration with its corporate Ms. MIKULSKI. Madam President, I, that we have in this country has led us. partner, the CMC, the Center of too, am looking forward to the state- Part of the bill before us here in- Macromolecular Crystallography, has ment on the space program of our dis- volves the NASA budget. An area refined drug structure in preparation tinguished colleague from Ohio. I have where we, as a nation, are expressing for clinical trials, and those clinical been advised by his staff that the dis- our curious, questing nature, is in the trials are starting. When tested and ap- tinguished Senator from Ohio is in a area of space and space research. Every proved, relief is expected from flu meeting and hopes to join us perhaps year we are asked why do we invest bil- epidemics by the year 2004. I give some around 4. In the meantime, if any other lions of taxpayer dollars for space ex- detail on that because I think it is an Senators have statements they wish to ploration and research. There is one example of the kinds of things that are make, they could do that, and this very short answer to it. In my view, we underway that we can directly relate might be a good time to offer an do it is to benefit people right here on to the space program. We have some 20 amendment. Earth. This has been true for the whole to 40 million people every year that get

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21JY7.REC S21JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 21, 1997 CONGRESSIONAL RECORD — SENATE S7757 the flu, and it causes some 20,000 nosed each year in the United States, tion system, for instance. Microgravity deaths a year in the United States and it is a leading cause of death. allows researchers to produce superior alone. This new data of space-grown Colon cancer tissue grown in a bio- protein crystals, which I mentioned a crystals has helped unlock a secret to reactor develops remarkably similar to moment ago, for drug development and let us treat flu in a different way. That tumors extracted from humans. Study- to grow three-dimensional tissues, in- is just one example. ing these tissues outside the human cluding cancer tumors, for research Another example that can benefit body may allow researchers to under- and cartilage for possible transplant. from these same kinds of space-grown stand how cancer spreads, as well as The long-term benefits: to provide in- crystals is trauma from open-heart sur- identifying new therapies which may formation to design a new class of gery, which often may lead to com- prevent it. drugs to target specific proteins and plications due to massive inflamma- This bioreactor is a fascinating cure specific diseases; to culture tissue tion of heart tissue. Factor D is a pro- thing. It lets tissues be cultured in the for use in cancer research and surgery tein which plays a key role in the bio- same way they occur in the human in bone and cartilage injury. logical steps that activate this immune body. If you go into a laboratory and Another area that can be looked into response. Being able to block factor D’s try to do experiments there, quite on the international space station also effects could enable heart surgery pa- often the experiment becomes far more is in the area of materials science. Re- tients to recover more rapidly, and two-dimensional because it wants to searchers use low gravity to advance data from space-grown crystals allowed settle to the bottom of the petri dish. our understanding of the relationships researchers to develop inhibitors which A bioreactor in space, with all the among the structure, the processing specifically block factor D. This drug is right fluids that simulate the body, al- and the properties of physical mate- being readied for clinical trials. lows growth in a 3–D situation. They rials. We have a new antiparasite drug can be studied better so possible anti- The long-term benefits: We advance from space-grown crystals. It is esti- dotes for them or possible treatments the understanding of processes for mated that over 1 billion people in this can be put into a culture there that is manufacturing semiconductors, met- world are infected with a round worm very similar to what is in the human als, ceramics, polymers, and other ma- known as ascarids. It is a tiny parasite body. It is not just something that is terials. We also determine fundamental that infects the intestinal tract of flattened out in the bottom of an ex- physical properties of molten metal, vertebrates and is often fatal. Ascarids perimental glass in the laboratory. semiconductors, and other materials are dependent on a substance called Growing cartilage with the bio- with precision impossible on Earth. malic enzyme to function properly. A reactor is another potential applica- There are a number of people in- new drug, developed in part by Upjohn, tion. An application of the bioreactor volved in this, people from the State with the benefit of crystals grown on is culturing cartilage tissue for re- University of New York, Rensselaer the USML–1 Spacelab mission, should placement and transplantation. Experi- Polytechnic Institute, and MIT up in interfere with normal functioning of ments with the bioreactor and space Boston. Researchers indicate great malic enzyme and, thus, prove deadly indicates it can successfully culture progress from this new research tool in to ascarids. cartilage tissue that is quite similar to having projects in space in micro- Another example: Space crystals and human cartilage. gravity. the fight on AIDS. A new combination I use these few examples today just Another area being looked into, and of drugs, which include protease inhibi- to illustrate that they are very, very this one is a fascinating one, is com- tors, have proven immensely successful practical and very, very useful for our bustion science, fluids and combustion in treating AIDS. In an ongoing experi- future on Earth. The international facility, glove-box experiments, as they ment with DuPont Merck, NASA has space station will make it possible to are called. Scientists are using low crystallized HIV protease enzyme with continue some of the same experiments gravity to simplify the study of com- an inhibitor to support structure-based for longer periods of time. I know that plex combustion processes, burning drug design research, and the resulting every year when we have the budget processes. Since combustion is used to drugs could represent the second gen- battles on the floor, we have attempts produce 85 percent of Earth’s energy, eration of this successful approach to made to cut out some of the money for even small improvements in efficiency treating this disease. the international space station, which will have large environmental and eco- This chart shows some of the details. would cut out some of the scientific in- nomic benefits. I don’t know whether the cameras will quiry that we otherwise would be able The long-term benefits: Improved pick this up well enough to show the to perform. Let me talk about it very control of combustion emissions and interaction. This is something that briefly. pollutants reduce risk from inciner- gives real hope in the treatment of NASA has already had some 1,000 or ation of hazardous wastes and enhance AIDS in the future. more proposals per year for ground- efficiency of combustion processes. Another example on a different chart based and flight investigations involv- These are only highlights of some of here indicates how diabetes patients ing the international space station the prestation research that have al- may benefit from NASA’s bioreactor project. Selection of principal inves- ready occurred. Dr. Robert Cheng and research. The bioreactor is a tissue cul- tigators and commercial developers is Dr. Larry Kostiuk, combustion science turing instrument which allows micro- beginning this year for flights starting researchers at Lawrence Berkeley Na- gravity researchers to grow tissues in 1999, and this population will in- tional Laboratory under contract to which are larger and more complex crease from 650 to 850 principal inves- NASA, were awarded a patent for a than other tissue culturing techniques. tigators and from 100 to 200 industrial ring flame stabilizer, which signifi- The bioreactor has the potential for affiliates by the time the station as- cantly reduces pollution from natural changing disease treatment through sembly is complete. gas burners. Fitted into an off-the-shelf tissue transplants. About 650 life and microgravity home heating surface, the device re- Forthcoming experiments plan to sciences principal investigators are duces nitrogen oxide emissions by a grow human pancreatic islet cells in now participating at over 100 institu- factor of 10 by increasing efficiency by the bioreactor for possible transplan- tions of higher learning around the 2 percent, and the device can be readily tation into diabetic patients. Trial country, and the number of investiga- sized to industrial scales. That kind of runs with this technique have proven tors is expected to grow to over 850 be- experiment will continue on the space successful. If the upcoming experi- fore assembly is completed. These re- station. ments are successful, diabetic patients searchers, in turn, employ about 1,400 ‘‘Almost every chapter in the com- will not need to rely as heavily on in- graduate students at present, with that bustion textbooks will be rewritten as sulin injections and will have less com- number expected to grow. a result of the microgravity work,’’ plications from their disease. What are they looking into? Well, a said Prof. Howard Palmer, professor Another chart: Modeling colon can- number of different areas, and I won’t emeritus at Penn State University. cer with bioreactor. Mr. President, be able to go into all of them today. And other statements by other sci- 166,000 cases of colon cancer are diag- Biotechnology with an x ray diffrac- entists say the same thing.

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21JY7.REC S21JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S7758 CONGRESSIONAL RECORD — SENATE July 21, 1997 Furthermore, the international space The space station will be a unique after they have been up there on cur- station will continue research into fun- platform with multiple exterior attach rent missions—and what happens to damental physics. Scientists use low points from which to observe the Earth the elderly right here on Earth by the gravity to test fundamental theories of and the universe. normal process of aging. This is fas- physics with degrees of accuracy that Conceptualized by Nobel prize- cinating because of the similarities in far exceed the capacity of earthbound winning scientist Dr. Sam Ting, of osteoporosis, for instance, changes in science. Physics and low gravity ex- MIT, the alpha magnetic spectrometer bone density, changes in orthostatic pand our understanding of changes in experiment will search the universe for intolerance—in other words, the ability the state of matter, including those antimatter and ‘‘dark’’ matter in an of the body to keep blood in the upper changes responsible for high-tempera- attempt to prove cosmological theory part of the body so you do not just ture superconductivity. with direct evidence. black out—the vestibular and balance The long-term benefits will challenge Also, the stratospheric aerosol and problems, sleep disturbances, decrease and expand our theories of how matter gas experiment, SAGE–III, will also be in muscle strength, the decrease in im- organizes as it changes state, and that delivered. It will obtain global profiles mune response, and similar changes in is especially important in under- of aerosols, ozone, water vapor, and ox- cardiac activity and blood glucose. standing superconductivity and its ad- ides in order to determine their role in Now, these changes occur in the vantages. We can also test the theory climatological processes. It will allow younger astronauts in space right when of relativity with precision beyond the cross-correlation of observations from they go up today. They occur during capacity of earthbound science. SAGE’s I and II at different latitudes the first 3 to 5 days, or are noticeable, Scientists will study gravity’s influ- and different time periods. as I understand them, in the tests that ence on the development, the growth I cite these examples to briefly indi- have been run. At the end of the flight and the internal processes of plants cate what a wide variety of scientific when they come back to Earth, the and animals, and their results expand effort will go on with the international younger astronauts return to normal, fundamental knowledge to benefit space station. their bodies recover, their bone struc- medical, agricultural, and other indus- Now, let me address these next re- ture is basically reformed again. They tries. marks to two sets of people who may recover from it. The long-term benefits will improve be watching or listening here today. Now, in the elderly here on Earth the overall health of people of all ages. How many of you are over 60 years of there is not that same kind of recov- It can improve plants for agriculture age? If you are not over 60 years of age ery. But what the National Institute on and for forestry, and we will gain an I know that each of you hopes to live Aging and NIH is looking into with advanced understanding of cell behav- to be 60 or older. What I am about to NASA is to propose experiments to see ior. say I believe is very relevant to you. what happens if you did put an older Biomedical research in space will For several years now NASA and the person into space. What would happen? provide unique insights into such National Institute on Aging, which is Would the changes that happen to the things as how the heart and lungs func- part of the National Institutes of younger astronauts be additive to the tion, the growth and maintenance of Health, have been working on some older astronaut or would that person muscle and bone, perception cognition, projects looking at what happens to as- and balance, the whole area of neuro- be semi-immune from those same tronauts in space. science, and the regulation of the changes? I became intrigued with this, and I Would the change be to the same de- body’s many systems, called regulatory have long been interested in issues as- gree? What happens when you come physiology. sociated with our aging population. In The long-term benefits will assist in back to Earth again? With these fact, when I first came to the Senate— developing methods to keep humans changes, would the older astronaut re- I was sworn in in January 1975—I asked healthy in low-gravity environments cover as fast as the younger ones? If for long, long periods of time; advance to be assigned to the Special Com- not, why not? In other words, the ques- new fields of research in the treatment mittee on Aging because I thought tions being asked are basically what of diseases; enhance medical under- there was so much work needed to be triggers these different systems and standing of the role of force on bone in done. why do they change? Why do they disease processes, including Today, we find an aging population change in microgravity? Why do they osteoporosis; advance fundamental un- sometimes referred to as the graying of change in orbit? Would they change the derstanding of the brain and nervous nations. I conducted hearings years ago same for an older person as they do for system and help develop new methods on the graying of nations, and then had the younger people? I think this is a to prevent and treat various neuro- additional Governmental Affairs Com- fascinating field. I am very hopeful logical disorders. These are the long- mittee hearings in New York called the that NASA and NIA will formalize this term benefits. Graying of Nations II. Dr. Robert But- program primarily for the potentially I quote a friend and one of the most ler assisted in putting together those enormous benefit that may come from respected surgeons in this country—as hearings. He was the first Director of it for hundreds of millions of people, a matter of fact, in the world—Dr. Mi- the National Institute on Aging and not just people in this country, but chael DeBakey, chancellor and chair- did a superb job in getting that whole people literally all over the world, and man of the department of surgery, agency started. also because I can think of no more Baylor College of Medicine, who said: Nearly 45 million Americans today powerful and essentially untapped con- The space station is not a luxury any more are 60 years of age or older. The demo- stituency for human research in space than a medical research center at Baylor graphic experts tell us that that is pro- than the elderly. College of Medicine is a luxury. Present jected to grow to about 100 million over I will say a few words about the im- technology on the shuttle allows for stays in the next 50 years, by the year 2050. portance of international cooperation space of only about 2 weeks. We do not limit NASA has begun to formally explore in space research, also. medical researchers to only few hours in the the similarities between the aging If you had told me some 35 years ago laboratory and expect cures for cancer. We process and what happens to astro- when I made my flight back in 1962 need much longer missions in space—in months to years—to obtain research results nauts in microgravity. There are phys- that in June 1997, a U.S. astronaut that may lead to the development of new ical changes that occur in space and would be beginning the 16th month of knowledge and breakthroughs. the National Institute on Aging has continuous U.S. presence on a Russian We also can either look out into been very interested in and has worked space station, I certainly would not space or, from an observation point in with NASA to review these changes. have believed it. space aboard a spacecraft, the inter- They are in the process now of coming As a veteran of the cold war and the national space station, look back to- up with very specific proposals as spe- space race, I guess I could not be more ward Earth. That is planned with the cific experiments. pleased to see this kind of progress. Ob- Earth Observation and Space Science, But there is a great similarity be- viously, there is tremendous symbolic the Alpha Magnetic Spectrometer, and tween what happens to astronauts in value when former enemies work to- SAGE to be deployed in 2001. the short term—it starts 3 to 5 days gether cooperatively. But symbolism

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21JY7.REC S21JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 21, 1997 CONGRESSIONAL RECORD — SENATE S7759 isn’t the most important reason we co- you ask the same students, ‘‘What is 5 costs. The only other way to gain this operate. Again, it gets back to basic re- miles from your school? Is the mall 5 experience would be to wait until as- search. The quality of research is going miles from your home?’’ It seems the sembly of the ISS and then learn, and to improve if we have the best and the mall has an attraction for a lot of the that is a little late. brightest from 15 nations working on a young people these days. To make that Now all of this is leading up to con- project. 5 miles trip in a spacecraft would take struction and operation of the inter- The shuttle-Mir program, also called just 1 second. To stay in orbit you are national space station. Let me show phase I of the international space sta- traveling about 4.8 miles per second— just a couple of charts here. This effort tion, is a perfect example of the bene- per second. And when you come back in will be the largest peacetime inter- fits of such cooperation. As many of and start hitting the atmosphere again national science collaboration in the you know, this program consists of with the spacecraft, there is tremen- history of this world. These inter- nine shuttle-Mir docking missions. The dous heat buildup just from the fric- national partners will include Canada, program is helping both the United tion of the atmosphere, ionized layers Japan, Russia, Britain, Italy, France, States and Russia learn countless valu- out ahead that get up around 9,000 or Germany, Belgium, the Netherlands, able lessons which will be put to use on 10,000 degrees Fahrenheit, and surface Norway, Denmark, Spain, Sweden, and the international space station. temperatures of, say, somewhere Switzerland. Now, obviously, the Mir space station around 3,000 degrees Fahrenheit. On-orbit weight will be 470 tons, and has been having problems. We are We confront many challenges we almost 20 percent of that, over 85 tons, aware of those from the daily news. have come to take for granted almost of hardware has already been built. Some problems are due to aging com- that we can meet the challenge suc- This is an example of one piece of ponents of the station; some may have cessfully. We have done it amazingly hardware now, one of the modules right been due to crew or ground control er- successfully throughout the history of here. When built it will have some 43,000 cubic feet of pressurized volume, rors. We will see what NASA and the the space program. It has not been per- which is the equivalent of a 747. Russian space agency leadership will fect. So to think that it is going to be When you think about the number of recommend. perfect is just a wish. scientific breakthroughs that can come Usually, for both the Russians and Even if we were forced to curtail the from such an orbiting laboratory as the Americans, space operations have Mir activity, we have already learned a been nearly flawless. For example, just this, it is sort of mind boggling. tremendous amount from the seven I want to remind everyone of the a few days ago, the crew of STS–89 re- shuttle flights that have been made to critical importance of spreading the turned from a 16-day science mission that station. word about the benefits of human space which appears to have exceeded all ex- Let me just enumerate a few of the flight. I hope staffs listening in the of- pectations for scientific data. accomplishments. fices as well as Senators may go back I would like to remind people of two Most importantly, we have conducted to our communities in our States and things. First, space travel and research countless joint science experiments in find new outlets or organizations which is still a risky and technologically a variety of disciplines. may not have considered the signifi- complex undertaking. Things do not al- American astronauts have main- cant impact which space research has ways go right. We are dealing with new tained a continuous presence in space had and could have and will have on fields of power and speed. There are for nearly 470 days. their lives. If we can just invigorate going to be times when things do not We have successfully conducted six and sustain such an effort I am very always go right. So it would be com- shuttle-Mir docking missions, with confident that the shuttle Mir and the pletely inappropriate for us at the first three more missions for the future. international space station will merely sign of serious trouble to cut and run. Russian and American engineers, as- be steppingstones to a much greater fu- Second, NASA emphasizes safety tronauts and cosmonauts, in per- ture. above all else. No one has ever inten- forming joint operations, have devel- I have asked NASA to put together, tionally put our astronauts in unsafe oped mutual understanding in origi- if they can, a compilation of the of the or hazardous conditions. Quite the op- nally dissimilar design philosophies scientific research projects that have posite. I know from firsthand experi- and established close rapport between gone on on each one of those shuttle ence our astronauts are trained to han- counterparts of the two different cul- flights. I hope I can get that this dle emergencies of all sorts that can be tures. That is important for the future. evening so we can put that in the foreseen. We have learned to plan and execute RECORD tomorrow because I think it Some have suggested that before we a typical shuttle mission to a space will show the diverse nature of the sci- send another astronaut to Mir, NASA station. entific experiments, some of the break- must certify to Congress that it has We have verified and developed ren- throughs that have occurred because of done everything possible to make it dezvous and docking procedures. those experiments, and I think that is safe. I find that an insult to NASA, be- We have conducted joint ground and the best way to show what has hap- cause that has been their primary ob- mission control operations. pened in the shuttle program and the jective all the way through the whole We have learned to transport and ex- potential that gives for the inter- program. For Congress to require that change supplies. national space station. NASA had to certify it has done every- We have developed joint extra-vehic- We have some other pictures of the thing possible to make it safe before we ular activities. space station that is already put to- would have another astronaut sent to We are testing schedules for long-du- gether and is being worked on. This Mir was about as unnecessary as any- ration Mir and short-duration shuttle shows a technician working on this thing I have seen since I have been crew work rest cycles during the particular hatch. This shows two of the around here. I think such a certifi- docked and undocked phases of mis- modules here that are already built, al- cation would be an insult to the men sions. ready tested out, and we have one unit and women who work on this program We are jointly resolving safety and that is undergoing tests down at the every day. No one at NASA inten- acceptance testing differences. cape right now. tionally ever takes risks with people’s And we are developing in-flight train- This shows another view of what is lives. But space flight is risky, and we ing protocols. being done. This is not something that have to accept that. Most importantly, we are working is theoretical into the future. It is I do not know whether people realize together on joint research projects. being done right now. the speeds involved up there. I meet These accomplishments place us in This is a picture of some of the test- with school groups quite often. I find an excellent position for initiating and ing area where the hardware is being them amazed when you say, well, we conducting the assembly and subse- checked out. The hardware is roughly, have to travel nearly 18,000 miles an quent operation of the international as I said, almost 20 percent complete hour just to stay in orbit up there. space station with reduced risk, with right now. Now, that 470 tons will be That is true. But that is such a large greater confidence and reduced learn- the final size of the vehicle once it is number, it does not mean much until ing curve expenditures in time and up there.

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21JY7.REC S21JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S7760 CONGRESSIONAL RECORD — SENATE July 21, 1997 I see this as an extension of the best MICROGRAVITY RESEARCH AND EXPLORATION the first time in the history of experimen- that our country has to offer in the In the mid-20th Century human ventures tation provided an exceptional platform for way of science and research and the into space have ushered in a new era of ex- microgravity research. In 1994 an agreement ploration and defined a new field of research between NASA and the Russian Space Agen- questing nature of our people that have cy allowed for the deployment of US re- given us a standard of civilization be- using gravity as a variable. In turn, this re- search has led to exciting discoveries on how search hardware on the Russian MIR space yond anything the world has ever seen. profoundly gravity affects all elements of station for experimentation by NASA astro- We have been a Nation that did not life on this planet and beyond. Over the nauts. Similar experiments to Space Shuttle just say we will live on the Atlantic years unexpected connections have been missions are conducted on this platform but shore on the coastal plain. We moved made between the findings in microgravity in a more constrained fashion. beyond that to the Ohio River, to the and the many physical, chemical and bio- RESULTS TO DATE Mississippi and on to the Plains. logical processes here on Earth, opening new Since 1981 an unprecedented amount of sci- vistas for understanding ourselves and our entific data has been accumulated from I read into the RECORD last year, and world. These findings have wide-ranging ap- space research that has revolutionized our I may bring it to the floor again tomor- plications from medicine to understanding understanding of the nature and action of row, the statement by Daniel Webster, weather patterns, contributing to economic gravity on physical and biological processes. who for all his other brilliance was a growth and vitality here on Earth. To date the Space Shuttle has flown approxi- skeptic, sometimes, and had a rather These findings also serve as a sound foun- mately 720 days in space, of which 120 days myopic vision. When they were consid- dation for future human and robotic explo- were dedicated to microgravity research. ering buying lands west of the Mis- ration and for settling new worlds in the 21st NASA astronauts have flown 970 days on sissippi from Spain or Mexico, Daniel Century. The International Space Station is MIR with a total of 160 days dedicated to the first truly multinational effort by the microgravity experiments. Webster was against it and he rose and people on Earth to conduct a final rehearsal said words to the effect of ‘‘What use RESEARCH WITH BENEFITS TO INDUSTRIAL in low Earth orbit before spreading into PROCESSES AND EARTH APPLICATIONS can this area west of the Mississippi be, space on a new and exciting quest for the ori- Despite the relatively brief duration of ac- this area of cactus and prairie dogs, of gins of life. tual research in the life and physical blowing sand, of mountains with snow, Gravity is a force that has profoundly shaped the evolution of all living things. sciences on orbit to date, numerous applica- impenetrable snow, to their base? Mr. tions have already been identified and acted President, I will not vote 1 cent from Gravity and its effects drive or constrain the fundamental physical, chemical, and biologi- on by the private sector. These have been the public Treasury to move the Pa- cal processes that surround us. It is the basic based on both scientific findings as well as cific coast 1 inch nearer Boston than it force against which every living organism on technological advances. Today, a significant now is.’’ Earth must work. Gravity gives us our sense fraction of NASA’s microgravity research That may show somewhat of a my- of balance, guides the development of our program is already conducted with substan- bones and muscles, and challenges our hearts tial financial support from other agencies opic view of even such a learned person and from industry, and we expect that con- as Daniel Webster, but it does. And to pump blood against its constant down- ward pull. Space flight gives humankind the tribution to grow. that is repeated somewhat today by Scientists have successfully used the low ability to control gravity as an experimental gravity environment of space to understand people who say, ‘‘What is the possible variable for the first time in the history of and control gravity’s influence on the forma- value of this?’’ The possible value is science. With the control of gravity, we gain tion of materials including metals, semi- clear in just a few of the things I have a whole new perspective on the physical conductors, polymers and glasses. For exam- mentioned here today. We have whole world and on the world of living things. ple, space research has produced cadmium catalogs that have come out, things HISTORICAL PERSPECTIVES zinc telluride (CdZnTe) crystals that have 50 that have benefited science, research, The human crew member has been an inte- times lower levels of a key defect than the medicine, and engineering in this coun- gral element of the U.S. and Russian space best commercially available crystals. These try, and they are continuing. That is programs since their inception. The harsh experiments help researchers to verify math- what this is about. environment of space has posed a number of ematical models for semiconductor crystal For the first time we will have some critical challenges for the protection of hu- growth to improve semiconductor fabrica- mans, planning for missions, and the execu- 15 nations involved in an international tion on Earth. There have been many theo- tion of experiments.1,2,3 The role of the ries and mathematical models developed to space station, working together in- human has grown as space missions and pro- predict the formation and development of stead of preparing to fight each other, grams have increased in duration and com- dendrites, the tree-like structures that are working together using the best brains plexity. Initially, the goal was to dem- the building blocks of most metal products. out of each of those countries to do re- onstrate man’s ability to survive in space. On Earth, gravity’s effects limit the power of search that is of benefit to people all During the 1960s astronauts served mainly as experiments to validate these fundamental over this Earth. That is the importance observers and backup operators to ground theories. The Isothermal Dendritic Growth of it. control personnel. The Gemini and Vostok Experiment flown aboard the Space Shuttle missions built on the achievements of Mer- Some years ago when people would has become the scientific benchmark for cury and Voskhod, and provided a technical testing our theoretical understanding of rise on this floor and say what possible and biomedical foundation for the Apollo metal formation.4 benefit can it be, we now have a good lunar landing and Salyut space station pro- Another field in which microgravity re- story to tell them. It is a success story grams. The Apollo missions required a broad search continues to make major contribu- that every single American can be biomedical support program, including pro- tions is combustion science. Combustion is a very, very proud of. visions for in-flight illness. Like Gemini, the highly complex process involving many fac- Apollo millions yielded significant findings I am happy to be supporting the sta- tors, such as: the physical flow of fuel and on human physiology in space, but few in- oxygen; the chemical conversion of fuel and tion. I presume we will have some sights into the effects of the space environ- oxygen into heat and chemical products and amendments proposed on the floor that ment on physical and chemical processes. the transfer of heat. In many cases, combus- will change some of the program and In the early 1970s Skylab provided the first tion processes are so complex that scientists the way it is outlined. I hope we will opportunity to study human adaption to have difficulty developing accurate, com- not approve those. I think the program microgravity over extended periods of time, plete models for them. By significantly re- has been revamped now. It is very well allowing researchers to identify those phys- ducing gravity’s effects, scientists are study- thought out. It is being done at about iological changes that are self-limiting. For ing subtle aspects of combustion that are the first time in the history of space flight the cheapest we can possibly do it and often hidden. Research to date has dem- modest microgravity experiments were con- onstrated that gravity has a profound effect still keep safety paramount, which is ducted—the role of astronaut was expanded on combustion phenomena, with micro- No. 1. to that of scientist/investigator. It is worth gravity conditions leading to behaviors Mr. President, I ask unanimous con- noting that during the 1970s many more ex- never before observed. Because combustion sent to insert into the RECORD a paper, periments were executed in drop towers, is so widely used for energy production and ‘‘Microgravity Research and Explo- parabolic aircraft and suborbital robotic transportation, our growing knowledge of ration’’ provided by the NASA Office of missions. gravity’s role in combustion phenomena Since 1981 the reusable Space Shuttle has holds the promise of improving the effi- Life and Microgravity Sciences and Ap- provided routine access to Earth orbit, ex- plications. ciency of a wide range of everyday tech- panded the space program to include inves- nology, with potentially far reaching eco- There being no objection, the mate- tigators from industry and academia, and for nomic effects. For example, a patented ring rial was ordered to be printed in the flame stabilizer device has been developed by RECORD, as follows: Endnotes at end of article. Lawrence Berkeley National Laboratory

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21JY7.REC S21JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 21, 1997 CONGRESSIONAL RECORD — SENATE S7761 based on the results of microgravity combus- Life is, of course, dependent on many of tion and transport of drugs and nutrients in tion research. This device—applicable to res- the same physical processes I have already space. You might think that in a confined idential furnaces and water heaters—reduces discussed. Convection, sedimentation, and space like the human bowel there would be emissions of nitrous oxides by a factor of five buoyancy are features of complex, living sys- little role for gravity to play. But keep in over existing devices, while increasing over- tems as well as nonliving systems. But life mind that it is gravity that causes bubbles of all efficiency by 2%. possesses additional properties—such as ad- gas to rise to the surface of a liquid and dis- Closely related to combustion science is aptation to maintain homeostasis, and evo- persed particles to settle out. We know that fluid physics, a field in which researchers lutionary development in response to envi- astronauts do not suffer from malnutrition, study the behavior of liquids, gases and mix- ronmental factors—that are also affected by but how are digestion and pharmacokinetics tures. In microgravity, scientists observe as- gravity. affected? pects of fluid behavior that are difficult or We are now demonstrating that micro- Challenged by the need to monitor the impossible to understand in normal gravity. gravity can be used as a model to study some health status and deliver health care serv- Microgravity enables scientists to create aspects of the aging process here on Earth. ices to astronauts in ever more remote and physical models of important processes and Indeed, astronauts experience bone and mus- hostile environments, NASA is at the cut- make observations that would be impossible cle loss, inability to maintain balance, pos- ting edge of medical technology requiring on Earth. For example, results from micro- ture, gait, and blood pressure, and changes in autonomy. Space programs have pioneered gravity research have provided the only con- the general metabolism that mimic some of the use of telecommunications, computer, trolled experimental observations of the con- the symptoms of aging. Thus, microgravity and microelectronic and nanoelectronic vective motions in physical models of plan- research offers an unusual opportunity for us technologies in health care. While critical etary and stellar atmospheres, laying a foun- to study in a laboratory setting this natural for space flight and exploration, these tech- dation for scientific understanding of the phenomena of the life cycle. The symptoms nologies also yield considerable benefit for nonlinear dynamics of planetary and stellar caused by space flight reverse themselves on medical care here on Earth. The highly suc- flows, and giving us new insights into the dy- return to normal gravity, presenting addi- cessful Spacebridge to Russia program—a namics of the sun and gaseous planets.5 A tional opportunities for insight into the joint effort between NASA and the Russian new technique for stereo imaging aging process. Space Agency—is an Internet-based tele- velocimetry to measure fluid flows in space The accumulated data from experiments in medicine testbed that links academic and experiments developed by Lewis Research the physical sciences has formed the basis clinical sites in the US and Russia for clin- Center has found application in the US in- for a multidisciplinary investigation of bio- ical consultations and medical education. A dustry, where it is being used to quantify logical phenomena using the findings from predecessor project—Spacebridge to Arme- fluid flows in the steel casting process. fluid physics research. As a result, we are ob- nia—was used to provide medical consulta- Use of the microgravity environment has taining explanations for complex biological tion services during the recovery from the allowed researchers to design experiments behavior at the cellular and molecular lev- Armenian earthquake in 1988. Pilot projects that achieve a measurement accuracy not els. We are able to formulate a new set of in telemedicine technology have also sup- possible in the gravity environment of hypotheses regarding the behavior of com- ported health care delivery in a wide variety Earth. Areas of investigation include re- plex ecological systems in relation to of remote locations. search on general relativity, critical phe- multigenerational adaptive responses to the NASA has developed a range of tech- nomena, laser cooling for ultra-precise meas- pervasive effects of gravity. nologies in medical informatics, sensors, di- urement of atomic electronic properties, as We have found that even the tiny single- agnostic techniques, decision support sys- well as other thermophysical measurements celled organisms suspended in water are tems, image compression, and advanced of interest in condensed-matter physics. For equipped to respond to gravity. We have used training to support health care delivery in example, space flight research has been used the low gravity environment of space to re- space. These technologies include compact, to confirm with unprecedented accuracy the search and establish the mechanisms indi- solid state sensors that permit non-invasive validity of a Nobel prize-winning theory de- vidual cells use to translate physical force, monitoring of crew health and the space- scribing the conditions under which matter like acceleration due to gravity, into chem- craft environment. NASA’s Ames Research will change between different states, such as ical signals that drive adaptation and re- Center is adapting technology, originally de- from liquid to gas or from conductor to sponse. We have begun work to explore the veloped for space-related scientific visualiza- superconductor.6 process by which plants respond to gravity tion, to stimulate complex surgery. This ap- RESEARCH WITH BENEFITS TO HEALTH to produce lignin, the primary component of plication enables surgeons to reconstruct a Microgravity provides researchers with wood. We look forward to exploring the role patient’s face and skull from computerized new tools to address two fundamental issues that gravity has played on Earth, and pos- tomographic (CT) scans, allowing doctors to in biotechnology: the growth of high-quality sibly in other places, in the genesis and evo- virtually manipulate the bone tissue and vis- crystals for X-ray diffraction studies of large lution of life. If a planetary gravitational en- ualize possible surgical procedures. Marshall proteins, and the growth of three-dimen- vironment necessary for the creation or con- Space Flight Center has worked coopera- sional tissue samples in laboratory cultures. tinued existence of life, how would living tively with industry to develop a Sensing Gravity plays central roles in each of these systems evolve in a different gravitational and Force-Reflection Exoskeleton (SAFiRE) processes and NASA research is providing ac- environment? that senses hand and finger motion as cess to new data and techniques to the RESEARCH WITH BENEFITS FOR SPACE FLIGHT human operator input and provides force-re- broader biotechnology community. Research into the effects of gravity on fun- flective feedback to the operator for both NASA’s bioreactor, developed to simulate damental physical, chemical, and biological telerobotic and virtual environment applica- low gravity, has proven dramatically suc- processes is increasingly serving as the un- tions. The SAFiRE project’s technology base cessful as an advanced cell culturing tech- derpinning for our understanding of how to could be used to develop a biomechanically nology. This success has led to an extensive live and work in space. Space flight induces sound resistance exercise system. collaboration with the National Institutes of changes in virtually all body systems. Most FUTURE RESEARCH Health (NIH). Work with NASA bioreactors appear to be benign adaptations to Recent discoveries of life’s adaptation to at the NIH has already produced advanced weightlessness, but if unchecked some phys- very extreme environments and the poten- cultures of lymph tissue for studying the in- iological changes could become life threat- tial for past or even present existence of life fectivity of HIV. Other areas of outstanding ening. It seems today that exposure to the on Mars or elsewhere in the Universe have success include cultures of cancer tumors low gravity environment produces a disasso- raised a range of compelling questions. Life’s and cartilage.7 Initial results of tissue cul- ciation between the chronological and phys- complex processes are ubiquitous on Earth. ture research on the MIR space station are iological ages. Thus, our task is to bridge Are they present on other worlds as well? very positive and suggest the possibility of this time gap by developing countermeasures What role has gravity itself played in the major advances in tissue culturing once the such as exercise and pharmacokinetics. genesis and subsequent evolution of life on International Space Station becomes avail- The time course and extent of physio- this planet and elsewhere? Humanity’s fas- able. logical changes in astronauts must be char- cination with life and the physical world pro- Biotechnology researchers also use micro- acterized, and appropriate countermeasures pels our interest in the exploration of space. gravity to produce protein crystals for drug (compatible with the spacecraft design) de- As demonstrated by the success of the research that are superior to crystals that veloped for long-duration orbital and inter- Mars Pathfinder mission, NASA has em- can be grown on Earth. Already researchers planetary space missions. This research barked on a promising path of technological have produced crystal samples of proteins promises to improve our general under- innovation that is creating a ‘‘virtual’’ important to the study of AIDS, emphysema, standing of human physiology and a number human presence on other worlds. Future influenza, diabetes and other diseases.8 Re- of medical conditions. Similarly, the coun- missions of exploration will require crew cently, researchers using space grown crys- termeasures that we devise may benefit members to live and work productively for tals determined the highest resolution struc- health care on Earth. extended periods in space and on planetary ture for insulin published to date. By study- To illustrate the breadth of the challenges surfaces. As in the past, key biomedical, life ing the structure and function of insulin, sci- we face, consider the digestive system. Rel- support and human factors questions must entists hope to produce improved drugs for atively little work has been done on the ef- be answered to ensure crew health, well- diabetics. fects of low gravity on the digestion, absorp- being, and productivity. To address these

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21JY7.REC S21JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S7762 CONGRESSIONAL RECORD — SENATE July 21, 1997 challenges, NASA will apply innovative contribute to improved technology for de- There has been a lot of joint effort technology to the challenges of robotic and tecting and extinguishing fires in spacecraft. and a lot of joint agreement. I think human space exploration, ranging from ad- Fundamental physical research is also re- the Senator made a very valuable con- quired to lay the foundation for efficient and vances in telemedicine, telepresence, and life tribution and I thank him for his re- support to in situ materials utilization, safe operations on the surfaces of other bod- nanotechnology, and bionics. In the coming ies in the solar system. We must understand marks. decades, fundamental and applied research in the behavior of materials in the novel envi- Sometimes for those of us who seek gravity’s effects will lay the foundation for ronments found on other solar system bodies funding for NASA, it sounds self-serv- humans to develop and use space, and to ex- if we are to design efficient systems for in ing, that we would tout, pull out an pand outward on missions of exploration. situ resource utilization for fuel, life sup- item or two. But when Senator JOHN port, radiation protection, fire detection, PROTECTING CREW HEALTH GLENN, an astronaut-Senator, speaks and construction. Microgravity researchers Our first priority is ensuring the health are now participating in planning for robotic to it, I think the whole world listens. and safety of our crews. Long duration missions to Mars in 2001 and 2003 that will in- We thank him for his comments and flights have demonstrated that it is possible clude experiments designed to explore these his contribution to the Senate and to to survive extended term exposure to low issues. the American space program. gravity. Yet, as I have described above, we The quest for understanding in space is a I yield the floor. must not forget that adjusting to micro- voyage into the unknown. We cannot accu- Mr. BOND. I join my distinguished gravity and then back to normal gravity is a rately predict what we will find, or what we traumatic experience for the body. Many of colleague from Maryland in thanking will produce. But if we are to control the our friend from Ohio. No one in this our intuitive theories for explaining these risks of human space flight and extract the processes have already failed in the light of benefits of space development for future gen- body speaks with more knowledge and hard data. Even some of our long-held theo- erations, we must continue our efforts to re- expertise on space issues than Senator ries about the gravity dependence of physio- duce our ignorance. We must focus our re- JOHN GLENN. To hear him talk about logical processes for humans on Earth have search both in the life sciences and the phys- the exciting things that are happening been proven false by space research. We must ical sciences, using robotic missions in par- in space, science and medical advances, remain cautious in drawing general conclu- allel with crewed missions to reduce the sions from the small sample sizes currently it truly is remarkable. It gives one a risks of human space flight. As a result, we sense of what we can accomplish with available and we must develop a rigorous un- will extend human virtual and physical pres- derstanding of the mechanisms behind adap- ence further into the solar system, paving the investments we make. tation to microgravity as well as the dose-re- the way for broad commercial and scientific This is extremely helpful, as we go sponse relationship. If we do a thorough sci- development in space. Ultimately, we will into the debate, because these are very entific job of understanding the mechanisms learn to send astronauts on long duration tight budget times. We have taken a and dose-response relationships of adapta- missions of exploration. Their work will step of assuring that money is avail- tion of low gravity we will create a new serve to extend our research to new worlds, able for space, for investment in our fu- storehouse of knowledge with innumerable and possibly to new forms of life. ture by the exploration not just of applications to Earth-based medical care. ENDNOTES space but of the scientific discoveries TELESCIENCE AND TELEMEDICINE 1 Nicogossian, Huntoon, and Pool, Space Physiology that can come from utilizing the space In the next few years, the International and Medicine, 3rd Edition, Lea and Febiger Pub- station. Space Station will serve as a platform for de- lishing, 1994. veloping and testing systems that will per- 2 Nicogossian, Mohler, Gazenko, Grigoryev, Foun- I thank him first as one who is inter- mit future space explorers to respond auton- dations of Space Biology and Medicine, Volume II: Life ested in science. I envy his background omously to a wide variety of ongoing and Support and Habitation, American Institute of Aero- and his knowledge. I appreciate very emergency health care issues. Medical moni- nautics and Astronautics, 1993. much his description of the exciting 3 Dehart, Fundamentals of Space Medicine, 2nd Edi- toring will take advantage of noninvasive tion, Williams and Wilkins Publishing, 1996. things that can come from space explo- microminiaturized sensors and advanced 4 Glicksman, et. al., Physical Review Letters, Vol. 73, ration, not just for those of us who are wireless communications technology as well No. 4, 1993. worrying about the funny-named rocks as next generation systems for displaying 5 Hart, et. al., Science, Volume 234, No., 61, 1986. and integrating the data stream. Emphasis 6 Lipa, et. al., Physical Review Letters, Vol. 76, No. 6, on Mars but those who want to see con- on portability and noninvasiveness of med- 1996. crete and specific medical advances 7 ical monitoring will also pay large dividends The May 1997 journal published by The Society here today. for In Vitro Biology contains over a dozen original Mr. GLENN. We have in room S. 211, by reducing the need for storage and trans- research papers using the NASA bioreactor. portation of specimens. 8 McPherson, ‘‘Macromolecular Crystal Growth in for the information of Senators or ADVANCED LIFE SUPPORT TECHNOLOGY Microgravity’’ in Crystallography Reviews, Vol. 6, No. their staffs, a panoramic view that has Future exploration missions will rely on 2, 1996, 157–308). been put together by NASA of Mars as advanced, lightweight, closed-loop life sup- Ms. MIKULSKI. Mr. President, as the taken from the Pathfinder. A full-sized port systems to sustain life in the hostile ranking member of the VA–HUD Com- model is out there for people to look space environment. Research on advanced mittee, of which NASA is one of our at. It is intriguing. It is so tiny you life support systems include both ground key agencies, I thank the Senator from cannot believe it is sending all this in- based and flight components. We have al- Ohio for his detailed speech about what ready begun a series of closed tests using formation back to us on Earth. crews of up to four people in ground based fa- NASA is doing, not only today, but We invite staffs or Senators when cilities at the Johnson Space Center. Flight what it will do tomorrow. I believe the they come over for a vote which starts testing and validation for life support sys- Senator, by talking about the exciting at 5:15 to stop in and look at it. It is tems will take place on the International projects that we have, many of which very worthwhile and gives a different Space Station. Our goal is to demonstrate have originated from the work at the concept than just seeing the pictures advanced life support system on ISS that Johnson space station, in the Presiding on TV. would be suitable for a Mars transit vehicle Officer’s home State, the work in the I yield the floor. by 2004, and validate system performance by area of health care. I visited these pro- Mr. BOND. I had my picture taken 2008. Space Station environmental moni- toring systems will incorporate new minia- grams, know the merit they have, par- with the Sojourner. I thought it was turized sensor technology requiring greatly ticularly in cancer research, tumor re- quite coincidental that the Sojourner reduced resources to operate. search, the issues outlined by the Sen- model showed up today. Timing is ev- PHYSICAL SCIENCES ator from Ohio. erything. We cannot overlook the vital role that fun- Also, in 1992, NASA and NIH signed a I urge my colleagues who are inter- damental research in the physical sciences joint memorandum of agreement on ested in this space exploration to look will play in the future of exploration. Mate- how they can work together to maxi- at the panoramic view to see how the rials science research will explore advanced mize the research being done by the Sojourner operates. radiation shielding materials vital to long- space agency, along with NIH, on I see my colleague from Texas is anx- duration space missions. Research in the be- issues related particularly to cancer ious to speak. I yield the floor. havior of fluids in low gravity will help the and to issues related to women’s The PRESIDING OFFICER (Mr. designers of future space systems to move health. Issues like osteoporosis, the DEWINE). The Senator from Texas. from an empirical approach to approaches based on valid mathematical models for such same kinds of problems that the astro- Mrs. HUTCHISON. Mr. President, I vital systems as thermal control, fuel stor- nauts face being in orbit, are what want to say it was a pleasure for me to age, and delivery, and life support systems. many face, particularly we women on hear the Senator from Ohio talk about Research on combustion phenomena will Earth. We lose bone density. this very important subject. I am

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21JY7.REC S21JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 21, 1997 CONGRESSIONAL RECORD — SENATE S7763 proud the Senator from Ohio was once UNANIMOUS CONSENT-AGREEMENT process. I would like to ask my col- my constituent when he made the his- Mr. STEVENS. Mr. President, I ask league from Colorado, the chairman of toric trip into space—that was really unanimous consent that the rollcalls the Treasury and General Government the beginning of our space program— not take place as ordered. Appropriations Subcommittee, if he and made us all so proud that we really The PRESIDING OFFICER. Without would be willing to work with me to could conquer space. What we have objection, it is so ordered. correct this problem. learned and what we have done for Mr. STEVENS. For the information Mr. CAMPBELL. I thank my col- quality of life and for health research of all Senators, a number of votes were league from Oklahoma for raising this since his first foray into space has scheduled to occur beginning at 5:15 important issue. The fact that this been, perhaps, more than even he could today. Over the weekend, and most of data is not now made available only have dreamed would happen. today, the managers of the Treasury adds to the public’s mistrust of Gov- I am very proud he is a supporter of appropriations bill have been working ernment. I look forward to working the space station and the NASA Pro- to resolve those outstanding amend- with you to develop an appropriate so- gram and knows that what he did in ments, and it now appears that the lution. the beginning is certainly not the end Campbell amendment offered on behalf Mr. NICKLES. I thank the Senator for his support on this issue. and certainly, I hope, we can continue of Senator DEWINE regarding abortion the legacy that he has left for us. funds and passage are the only remain- NEWPORT, IRS HIRING WAIVER Mr. BOND. Mr. President, I believe ing votes that need to occur with re- Mr. LEAHY. Mr. President, I would the leader is going to be here shortly to spect to the Treasury Appropriations like to seek clarification on report lan- guage which the subcommittee was discuss the voting schedule for tonight. bill. There may also be a Bingaman good enough to include in the Treasury I know votes were scheduled to begin amendment, but we are not clear about and general government appropriations at 5:15, but pending the arrival of the that yet. bill. That report language urges the In- majority leader, I suggest the absence As many Members are aware, the ternal Revenue Service to approve a of a quorum. U.S.S. Constitution made its maiden waiver from internal hiring require- The PRESIDING OFFICER. The voyage as a refurbished symbol of ments for the Newport IRS office if a clerk will call the roll. America’s proud past today on the planned reduction in force [RIF] does The assistant legislative clerk pro- waters off Massachusetts. However, the not result in those positions being ceeded to call the roll. ceremonies surrounding this event filled. Mr. STEVENS. Mr. President, I ask were delayed. Consequently, several of our Members will not be returning in The Newport IRS office is one of two unanimous consent that the order for national centers that process SS 8 the quorum call be rescinded. time for the vote. Therefore, on behalf of the majority forms and has earned a high reputation The PRESIDING OFFICER. Without for efficiency and excellence. To handle objection, it is so ordered. leader, I ask unanimous consent that the rollcall votes scheduled to occur its increased responsibilities, the office f today now be postponed to begin at 10 has been trying to fill a number of TREASURY AND GENERAL GOV- a.m. on Tuesday, July 22. Obviously, lower level positions ranging from GS ERNMENT APPROPRIATIONS ACT, needless to say, there will be no roll- 3–5. Current IRS regulations require 1998 call votes that will occur in today’s that these positions be filled inter- nally. While Newport is a beautiful The Senate resumed consideration of session, but there will be some further matters. Vermont town, it is also extremely re- the bill. mote, and the office has been unable to The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without objection, it is so ordered. fill such low-level positions from with- ate will now resume consideration of S. in the existing IRS personnel. These 1023, the Treasury-Postal Service bill. Mr. STEVENS. Mr. President, I yield the floor. new personnel are needed to continue The clerk will state the bill by title. Newport’s exemplary record in proc- The assistant legislative clerk read DATA ACCESS Mr. NICKLES. Mr. President, before essing SS 8 forms. as follows: The committee report also includes a this body passes the Treasury and gen- A bill (S. 1023) making appropriations for provision, which I strongly support, di- eral government appropriation bill for the Treasury Department, the U.S. Postal recting the IRS to continue to delay its fiscal year 1998, I would like to raise an Service, the Executive Office of the Presi- planned field reduction in force until it dent, and certain Independent Agencies, for important issue concerning how the submits another report to Congress the fiscal year ending September 30, 1998, and Government develops policies and reg- for other purposes. with a detailed plan on how the IRS ulations. The issue is the public’s right will ensure adequate taxpayer service Pending: to have access to the data that is pro- in the future, especially in rural areas. Campbell (for DeWine) amendment No. 936, duced from Government funded studies I share the concerns outlined in the to prohibit the use of funds to pay for an and used to support regulatory committee report about how taxpayer abortion or pay for the administrative ex- rulemakings. As you may know, the penses in connection with certain health service will be affected by the planned Federal Government does not have a reorganization, especially in rural plans that provide coverage for abortions. standardized process for making re- Kohl (for Bingaman) amendment No. 937, areas like Vermont. As a result of this to strike provisions prohibiting the use of search data available for independent language, the RIF which IRS had appropriated funds for the sole source pro- review. Often the public is forced to planned for July 7 will not be going for- curement of energy conservation measures. comply with costly regulations with- ward. My understanding is that in the Campbell (for Coverdell-Feinstein) amend- out the assurance that the data under- absence of this RIF, the committee in- ment No. 940, to provide that Federal em- lying the rules has been made available tends for IRS to move forward imme- ployees convicted of certain bribery and for independent scientific evaluation. drug-related crimes shall be separated from diately with its approval for the New- If the Government is going to force the port hiring waiver. Is that correct? service. public to comply with its rules, the Campbell (for Coverdell) amendment No. Mr. CAMPBELL. Mr. President, the 941, to require a plan for the coordination public must have confidence that the Senator from Vermont is correct. The and consolidation of the counterdrug intel- rules are based on sound science. Simi- Senate report clearly states that if the ligence centers and activities of the United larly, if the Government is going to July RIF did not address the employ- States. provide funding for research, the public ment shortage at the Newport IRS of- Campbell (for Hatch) amendment No. 942, should be able to access the data that fice, that the Service should move for- to provide for a national media campaign fo- is produced from such research. Unfor- ward with the waiver. Because that cused on preventing youth drug abuse. tunately, the Government does not RIF will be delayed for some time, IRS Hutchison amendment No. 943, to establish have a disclosure policy on research parity among the countries that are parties should move forward immediately with to the North American Free Trade Agree- data. I believe this undermines the sci- the Newport hiring waiver. ment with respect to the personal allowance entific basis of our rulemaking and Mr. LEAHY. I thank the Senator for duty-free merchandise purchased abroad erodes the public’s confidence in the from Colorado, and I appreciate his by returning residents. Government’s regulatory development clarification of this language.

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21JY7.REC S21JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S7764 CONGRESSIONAL RECORD — SENATE July 21, 1997 AMENDMENT NO. 943 This rule, Mr. President, makes it nancial Management Service; as well Mrs. HUTCHISON. Mr. President, I prohibitively expensive for a Mexican as the Executive Office of the Presi- ask that Senators KYL, MCCAIN, resident to purchase a washing ma- dent, the Office of Personnel Manage- GRAMM, BINGAMAN, and BOXER be added chine, refrigerator, electronics, fur- ment, the General Services Adminis- as cosponsors to my amendment. niture, or any item costing more than tration, and other agencies that per- The PRESIDING OFFICER. Without $50 in the United States. In U.S. border form central Government functions. objection, it is so ordered. communities, countless small busi- I congratulate the chairman and Mrs. HUTCHISON. I am pleased that nesses have closed their doors and ranking member for producing a bill I was able to work with Secretary thousands of American jobs have been that is within the subcommittee’s Rubin and Ambassador Barshefsky’s lost. Our larger retailers are also suf- 602(b) allocation and generally con- staff on this amendment. I am con- fering, as Mexicans who used to travel sistent with the bipartisan balanced across the border for goods are now fident that they will use this directive budget agreement. I also commend the limited to purchasing them on their from Congress to make progress—in chairman for his strong support for law the spirit of NAFTA—to correct the side of the border. Mr. President, my amendment is enforcement, including the Federal personal duty-free allowance inequity. Law Enforcement Training Center. I hope that it can be passed by unani- very simple. It directs the United States Trade Representative and Sec- When outlays from prior-year BA and mous consent when it is brought to the retary of the Treasury to begin discus- other adjustments are taken into ac- floor. sions with their counterparts in Mexico count, the bill totals $25.3 billion in BA Mr. President, my amendment ad- and Canada to achieve parity in the and $25.1 billion in outlays. The total dresses the disparities that exist in the duty-free allowance structure of the bill is below the Senate subcommit- personal duty-free exemption’s of the three NAFTA countries. These officials tee’s 602(b) nondefense discretionary al- United States, Mexico, and Canada. will report to Congress within 90 days location for budget authority by $4 The United States provides each on the progress they are making to million and at its allocation for out- United States resident who is return- correct these disparities. If the situa- lays. The subcommittee is also at its ing from Mexico and Canada with a tion remains unchanged, in 6 months violent crime reduction trust fund allo- personal exemption from duty on mer- these officials will propose appropriate cation for BA and under its allocation chandise valued at up to $400 once legislation and action to bring the for outlays by $15 million. every 30 days. This is the same duty ex- United States duty-free allowance into Mr. President, I ask unanimous con- emption every U.S. citizen is afforded conformance with the allowance levels when they return to the United States sent to have printed in the RECORD a established by Mexico and Canada. table displaying the Budget Committee from any country. Mexico, however, Mr. President, this is an important has a two-tiered duty-free allowance scoring of S. 1023, as reported by the issue for my constituents, and I look Senate. structure. If you are a Mexican resi- forward to this amendment’s adoption. dent and live within 25 kilometers of Mr. DOMENICI. Mr. President, I rise I urge Members to support the bill the border, when you return to Mexico in strong support of S. 1023, the Treas- and to refrain from offering amend- at a land border crossing, you may ury and general Government appropria- ments that would cause the sub- only return with $50 in duty-free mer- tions bill for fiscal year 1998. committee to exceed its 602(b) alloca- chandise. This has become known as This bill provides new budget author- tion. Mr. President, I rise in strong the $50 rule, and it is crippling busi- ity of $25.2 billion and new outlays of support of S. 1023, the Treasury, Postal nesses on the U.S. side of the border in $22.3 billion to finance operations of Service, and general Government ap- Texas, California, New Mexico, and Ar- the Department of the Treasury, in- propriations bill for fiscal year 1998. izona. If you are a Mexican resident cluding the Internal Revenue Service, There being no objection, the table bringing more than $50 in merchandise, U.S. Customs Service, Bureau of Alco- was ordered to be printed in the you must pay a 22.8-percent duty rate. hol, Tobacco and Firearms, and the Fi- RECORD, as follows: S. 1023, TREASURY-POSTAL APPROPRIATIONS, 1998—SPENDING COMPARISONS, SENATE-REPORTED BILL [Fiscal year 1998, in millions of dollars]

Defense Nondefense Crime Mandatory Total

Senate-reported bill: Budget authority ...... — 12,464 131 12,713 25,308 Outlays ...... — 12,269 112 12,712 25,093 Senate 602(b) allocation: Budget authority ...... — 12,468 131 12,713 25,312 Outlays ...... — 12,269 127 12,712 25,108 President’s request: Budget authority ...... — 12,848 118 12,713 25,679 Outlays ...... — 12,388 105 12,712 25,205 House-passed bill: Budget authority ...... — — — — — Outlays ...... — — — — — Senate-Reported Bill Compared To Senate 602(b) allocation: Budget authority ...... — (4) — — (4) Outlays ...... — — (15) — (15) President’s request: Budget authority ...... — (384) 13 — (371) Outlays ...... — (119) 7 — (112) House-passed bill: Budget authority ...... — 12,464 131 12,713 25,308 Outlays ...... — 12,269 112 12,712 25,093 Note.—Details may not add to totals due to rounding. Totals adjusted for consistency with current scorekeeping conventions.

Mr. CAMPBELL addressed the Chair. The PRESIDING OFFICER. The Sen- SEC. . SENSE OF THE SENATE REGARDING IM- PORTS OF FISH TAKEN OR RE- The PRESIDING OFFICER (Mrs. ator has that right. TAINED IN A MANNER INCON- HUTCHISON). The Senator from Colo- The modification is as follows: SISTENT WITH RECOMMENDATIONS OF THE INTERNATIONAL COMMIS- rado. At the conclusion of line 1 on page 1, insert SION FOR THE CONSERVATION OF ATLANTIC TUNAS. MODIFICATION TO AMENDMENT NO. 921 Amendment 922; and It is the Sense of the Senate that the Mr. CAMPBELL. Madam President, I On page 1, strike lines 2 and all that fol- United States, as a signatory to the Inter- ask unanimous consent that amend- lows through line 21 on page 3 and insert the national Convention for the Conservation of following in its place. Atlantic Tunas, should implement as fully as ment No. 921, adopted previously, be possible the recommendations of the Inter- modified and I send that modification national Commission for the Conservation of to the desk. Atlantic Tunas (ICCAT).

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21JY7.REC S21JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 21, 1997 CONGRESSIONAL RECORD — SENATE S7765 It is the Sense of the Senate that fish ments Nos. 940, 941, 942, as modified and going to come before the body so we taken and retained in a manner and under 943, as modified, be adopted, en bloc, can schedule the work on this very im- circumstances that are inconsistent with the and that the motion to reconsider the portant bill and move forward. recommendations of the ICCAT made pursu- ant to article VIII of the Convention and vote on the adoption of those amend- I thank my colleagues for their co- adopted by the Secretary of Commerce ments be laid upon the table. operation. I hope they will let us know should be prohibited entry into the United The PRESIDING OFFICER. Without what amendments they have. States. objection, it is so ordered. Ms. MIKULSKI. Madam President, I AMENDMENTS NOS. 942 AND 943, AS MODIFIED The amendments (Nos. 940 and 941) have discussed the floor situation with Mr. CAMPBELL. Madam President, I and (Nos. 942 and 943), as modified, the Democratic leadership. They are ask unanimous consent that amend- were agreed to, en bloc. currently doing a hotline asking that ments Nos. 942 and 943 be modified, and AMENDMENT NO. 940 all Democrat Senators who have I send those modifications to the desk. Mr. KOHL. Mr. President, we have amendments to please apprise us of The PRESIDING OFFICER. The Sen- accepted amendment No. 940, but I do them this evening so that we will be ator has that right. want to mention that we may need to able to report to the chairman tomor- The amendments (Nos. 942 and 943), fine-tune it in conference. The reason row and to our leadership what those as modified, are as follows: is that, as currently drafted, the pro- amendments are. AMENDMENT NO. 942, AS MODIFIED posal is somewhat ambiguous. And for Upon the completion tomorrow on At page 47, starting at line 18, strike all to that reason, the Justice Department Treasury, postal, it would be my hope page 48, line 1 at ‘‘Provided’’. that anyone who must offer amend- In lieu thereof, insert ‘‘trol Policy, submits has told us that it has serious concerns a strategy to the Committees on Appropria- about the amendment. ments on NASA—and some amend- tions and Judiciary of the House of Rep- Now, I read the language to apply ments have been traditionally offered resentatives and the Senate that includes (1) prospectively; that is, to people who on NASA—that they be on the floor so a certification, and guidelines to ensure that are subsequently convicted of a crime— we can do this before the party con- funds will supplement and not supplant cur- but not to those employees who were ference. I know there are many Sen- rent anti-drug community based coalitions; convicted years ago—or at any time ators who have given a great deal of (2) a certification, and guidelines to ensure thought on how to improve these pro- that none of the funds will be used for par- prior to when this proposal becomes tisan political purposes; (3) a certification, law. And I also believe that parts (a)(1) grams. We will be anxious to hear and guidelines to ensure that no media cam- and (a)(2) should be read conjunctively; about their amendments. paigns to be funded pursuant to this cam- that is, to apply to government em- So, Madam President, we are doing paign shall feature any elected officials, per- ployees who are convicted of drug-re- our best to make progress on this par- sons seeking elected office, cabinet-level of- lated bribery—but not to employees ticular bill, and moving this bill for- ficials, or other Federal officials employed who are convicted of either bribery or ward. We will be able to report to you pursuant to Schedule C of 5 Code of Federal tomorrow morning. Regulations, Section 213, absent notice to drug-related crimes alone. the Chairmen and ranking members of the We have talked to Senator COVER- I yield the floor. House and Senate Committees on Appropria- DELL’s staff and they are willing to Mr. GRAMS addressed the Chair. tions and Judiciary; (4) a detailed implemen- work on the language of the amend- The PRESIDING OFFICER. The Sen- tation plan to be submitted to the Chairmen ment to make this clear and I am opti- ator from Minnesota [Mr. GRAMS]. and ranking members of the Committees on mistic that we can write it to Madam President, I ask unanimous Appropriations and Judiciary for securing everybody’s satisfaction in conference. consent to be able to speak as if in private sector contributions including but Mr. CAMPBELL. Madam President, I morning business for up to 10 minutes. not limited to in kind contributions; (5) a de- The PRESIDING OFFICER. Without tailed implementation plan to be submitted suggest the absence of a quorum. to the Chairmen and ranking members of the The PRESIDING OFFICER. The objection, it is so ordered. Committees on Appropriations and Judiciary clerk will call the roll. Mr. GRAMS. Thank you very much, of the qualifications necessary for any orga- The assistant legislative clerk pro- Madam President. nization, entity, or individual to receive ceeded to call the roll. f funding for or otherwise provided broadcast Mr. BOND. Madam President, I ask IS THERE NO SHAME IN media time. unanimous consent that the order for WASHINGTON? the quorum call be rescinded. AMENDMENT NO. 943, AS MODIFIED The PRESIDING OFFICER. Without Mr. GRAMS. Madam President, I At the appropriate place, insert the fol- would like to speak a little bit tonight lowing new section: objection, it is so ordered. about taxes and the big controversy SEC. . PERSONAL ALLOWANCE PARITY AMONG f over tax cuts—and not only over tax NAFTA PARTIES. DEPARTMENTS OF VETERANS’ AF- (A) IN GENERAL.—The United States Trade cuts themselves but who qualifies for Representative and the Secretary of the FAIRS AND HOUSING AND URBAN these tax cuts—what is fair, what is Treasury, in consultation with the Secretary DEVELOPMENT, AND INDE- not fair. And really the basic bottom of Commerce, shall initiate discussions with PENDENT AGENCIES APPROPRIA- line is there is not enough money in officials of the Governments of Mexico and TIONS ACT, 1998 the pot for the tax cuts that Americans Canada to achieve parity in the duty-free personal allowance structure of the United The Senate continued with the con- need. States, Mexico, and Canada. sideration of the bill. Madam President, as negotiators (b) REPORT.—The United States Trade Rep- Mr. BOND. Madam President, we are from the House and Senate meet with resentative and the Secretary of the Treas- now back on the VA–HUD bill. administration officials to hammer out ury shall report to Congress within 90 days I see my colleague from Minnesota a tax package, I rise today to be the after the date of enactment of this Act on has come in. I understand he wants to voice for the millions of Americans the progress that is being made to correct speak on another measure. But I ask who no longer seem to be heard here in any disparity between the United States, Mexico, and Canada with respect to duty-free my colleagues, if they have any busi- Washington: the Nation’s hard-work- personal allowances. ness, if they wish to do anything, ing, overtaxed, middle-class families. (c) RECOMMENDATIONS.—If parity with re- please be here before 6 o’clock. We are And I want to ask my colleagues, is spect to duty-free personal allowances be- willing, ready, and able to do business there no shame in Washington? tween the United States, Mexico, and Canada and move forward on VA–HUD. But we Madam President, I read the com- is not achieved within 180 days after the date do not need to hold personnel here if ments made by the minority leader of enactment of this Act, the United States nobody is going to come forward. this morning, arguing that the $77 bil- Trade Representative and the Secretary of the Treasury shall submit recommendations With that invitation, or request, that lion tax cut bill ‘‘is not fair.’’ to Congress for appropriate legislation and all of our colleagues who may have ei- I have to say that I agree with the action. ther amendments or colloquies advise Senator from South Dakota. Any bill AMENDMENTS NOS. 940; 941; 942, AS MODIFIED; the ranking member or myself by 10 that cuts taxes by just $77 billion is not AND 943, AS MODIFIED o’clock tomorrow that we will be here only unfair—it’s an outrage. Mr. CAMPBELL. Madam President, I for votes, it will be a good opportunity Let me remind my colleagues what ask unanimous consent that amend- for us to determine what measures are happened in 1993.

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21JY7.REC S21JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S7766 CONGRESSIONAL RECORD — SENATE July 21, 1997 In 1993, after campaigning on middle- you back home. But they have raised and it is not willing to give up the class tax relief, President Clinton taxes on working families 10 times. power that those dollars represent to turned around and raised taxes on They have done that. the taxpayers. Therefore, a $77 billion working Americans by $263 billion— You hear this complaint on the floor tax cut will never be fair, and it will making his the largest tax increase in many times, ‘‘Oh, that tax cut that we never be equitable because the pie can the history of this Nation. Everybody had back in 1981 led to all these deficits never be cut into enough pieces to give paid more, including: $114.8 billion in that we have today.’’ If you put that in a fair slice to everyone. The pie is just new income taxes, $24 billion in addi- real technical economic terms, you simply too small. And once it is divvied tional gas taxes, $34.9 billion in busi- could say that is a bunch of hooey. It up, working families will be left with ness taxes, $29 billion in payroll taxes, has not raised the deficit. It has been little more than crumbs. and $24.6 billion in new Social Security Congress not controlling the spending Clearly, Madam President, there is taxes. that has raised the deficit. no shame in Washington. It is absurd In other words, if you worked, were The $77 billion now slated for tax re- to expect the American taxpayers to retired, drove a car, owned a business, lief amounts to barely one-tenth of the fall on their knees to Washington in or paid income taxes, you paid for the amount that taxes were raised in the thanks for a tax relief plan that offers President’s 1993 tax increase. great tax hikes of 1990 and 1993. them dollars that were rightfully Although it was billed as nothing You know, this little tax cut that we theirs to begin with. more than a tax increase only on the are talking about—$77 billion over 5 Again, giving $10 and getting $1 back rich, but using this funny calculation years in a $7-plus trillion annual econ- I do not think is fair. It is not equity. called FEI—or family economic in- omy in this country—this little tax cut If my colleagues want to talk about come—the President was able to say would actually be like a car dealer tak- tax fairness, we can do it. Let us repeal only those who worked were rich and, ing one penny off the price of a new car the 1993 tax increase on our senior citi- therefore, needed to pay more in taxes. and bragging to the buyer that, Boy, I zens—$24.6 billion. If my colleagues So today President Clinton—again, am giving you a great deal. That is want to talk about tax fairness, repeal the same President who in 1993 raised what Congress is doing. They are say- the 1993 tax increase on motorists— taxes on the American people by $263 ing, We are going to knock a penny off that is $25 billion. If my colleagues billion, and also, by the way, Madam the price of this new car for you, and want to talk about tax fairness, repeal President, vetoed two Republican bills you had better come out to Washington the 1993 tax increase on working fami- to cut taxes for Americans—now con- and thank us for allowing you to keep lies. If we could do even a part of that, siders himself to be a champion of the some of the money that you have only then will this Congress and this middle class because he now wants to worked for. President have the credibility to dis- cut taxes by a measly $77 billion, and With a track record like that, I am cuss meaningful tax relief for Amer- only allowing the majority of those tax afraid the Congress and the President ica’s working families. Until then, reductions if Americans—this is like have a long way to go before they can Madam President, it has been just a lot your children—if Americans, the people claim true victory on behalf of the of empty talk. who get up every day, go to work to American taxpayer. Again, they said that the 1981 tax cut I thank the Chair. I yield the floor earn this money, now, if they only will and suggest the absence of a quorum. do what they are told. And that is to led to all of these deficits. If that was The PRESIDING OFFICER. The ‘‘be seen, not heard.’’ That seems to be the problem, wouldn’t you think that clerk will call the roll. the philosophy that we use out of the 10 tax increases over the last 16 Washington today. And, what is worse, years would have solved that problem? The assistant legislative clerk pro- both the House and the Senate are No. No, that hasn’t done it. ceeded to call the roll. ready to go along with it. I have seen enough of the way Wash- Mr. BOND. Madam President, I ask Again, the question has to be: Is ington works to know that if we elimi- unanimous consent that the order for there no shame in Washington? nated the tax cuts from this budget en- the quorum call be rescinded. It doesn’t take a math wizard to cal- tirely—if we could take the advice of The PRESIDING OFFICER. Without culate that if the taxpayers had their some on the floor here and say, We objection, it is so ordered. taxes hiked by $263 billion 4 years ago, don’t need any tax cuts at all, we can’t and will only get back $77 billion in so- afford any tax cuts, we have to save f called ‘‘tax relief’’ under the plan being this $77 billion, we can’t let Americans crafted as we speak—the American tax- keep any more of the money they MORNING BUSINESS payers are still $186 billion in the hole make—that $77 billion would never be to the Federal Government in new dedicated to deficit reduction. The Mr. BOND. Madam President, I now taxes in just the last 4 years. politicians would spend it faster than ask unanimous consent that there be a And the men and women—the work- you can say reelection, and they would period for the transaction of morning ing families who have paid dearly for spend it on more Government programs business with Senators permitted to that tax increase every day since—are and more pork. It certainly would not speak for up to 5 minutes each. supposed to thank Congress and the go toward reducing the deficit and giv- The PRESIDING OFFICER. Without President for this mere pittance of a ing our children and grandchildren a objection, it is so ordered. tax cut? debt-free future. If you want evidence, Is there no shame in Washington? you can just ask yourself: What hap- f Madam President, since the last pened to that $225 billion that was mi- meaningful tax cuts were signed into raculously found just before the budget MESSAGES FROM THE PRESIDENT law by President Reagan in 1981, Wash- deal was put together a couple of Messages from the President of the ington has raised taxes on 10 occa- months ago? It all went to spending. United States were communicated to sions—10 different times tax increases Nothing went to tax relief. Nothing the Senate by Mr. Thomas, one of his have been imposed on Americans, and went to deficit reduction. secretaries. always with the caveat if we can only So to say that if we could give up raise taxes again one more time we are this tax package now of tax relief that EXECUTIVE MESSAGES REFERRED going to be able to get our budget somehow it would go to deficit reduc- As in executive session the Presiding under control. tion, the record doesn’t show that. I Officer laid before the Senate messages Every time the Washington politi- guarantee you that the more we allow from the President of the United cians have wanted to spend more Washington to keep, the more Wash- States submitting sundry nominations money, so they could brag to the folks ington will spend. And that is what which were referred to the appropriate back home, Look what I did for you. makes the entire debate over what is committees. But I need to raise your taxes in order fair and what is equitable in this tax (The nominations received today are for you to pat me on the back for all relief package so ridiculous. Wash- printed at the end of the Senate pro- those projects that I am going to do for ington is not willing to give up dollars, ceedings.)

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21JY7.REC S21JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 21, 1997 CONGRESSIONAL RECORD — SENATE S7767 REPORT CONCERNING THE CON- on July 1, 1997; to the Committee on Envi- tled ‘‘Technical Immigration and Naturaliza- TINUATION OF MOST-FAVORED- ronment and Public Works. tion Amendments of 1997’’; to the Committee NATION STATUS FOR MON- EC–2529. A communication from the Direc- on the Judiciary. tor, Office of Regulatory Management and EC–2541. A communication from the Assist- GOLIA—MESSAGE FROM THE Information, U.S. Environmental Protection ant Attorney General, Office of Legislative PRESIDENT—PM 54 Agency, transmitting, pursuant to law, a Affairs, U.S. Department of Justice, trans- The PRESIDING OFFICER laid be- rule relative to the State Implementation mitting, a draft of proposed legislation rel- fore the Senate the following message Plan for Indiana (FRL#5860–4), received on ative to amending the Privacy Protection from the President of the United July 15, 1997; to the Committee on Environ- Act of 1980; to the Committee on the Judici- ment and Public Works. ary. States, together with an accompanying EC–2530. A communication from the Direc- EC–2542. A communication from the Acting report; which was referred to the Com- tor, Office of Regulatory Management and Associate Attorney General, transmitting, mittee on Finance. Information, U.S. Environmental Protection pursuant to law, the report under the Free- To the Congress of the United States: Agency, transmitting, pursuant to law, four- dom of Information Act for calendar year teen rules including one relative to Air Qual- 1996; to the Committee on the Judiciary. On September 4, 1996, I determined ity Implementation Plans for Richmond, EC–2543. A communication from the Clerk, and reported to the Congress that Mon- Virginia, received on July 16, 1997; to the U.S. Court of Federal Claims, transmitting, golia is in full compliance with the Committee on Environment and Public pursuant to law, a report relative to the Re- freedom of emigration criteria of sec- Works. view Panel; to the Committee on the Judici- tions 402 and 409 of the Trade Act of EC–2531. A communication from the Direc- ary. 1974. This action allowed for the con- tor, Office of Regulatory Management and f tinuation of most-favored-nation Information, U.S. Environmental Protection Agency, transmitting, pursuant to law, nine REPORTS OF COMMITTEES (MFN) status for Mongolia and certain rules including one relative to the California other activities without the require- The following reports of committees State Implementation Plan (FRL#5850–4), re- were submitted: ment of an annual waiver. ceived on July 9, 1997; to the Committee on As required by law, I am submitting Environment and Public Works. By Mr. HELMS, from the Committee on an updated report to the Congress con- EC–2532. A communication from the Acting Foreign Relations, without amendment and cerning the emigration laws and poli- Director, Fish and Wildlife Service, U.S. De- with a preamble: partment of the Interior, transmitting, pur- S. Res. 98. A resolution expressing the cies of Mongolia. You will find that the sense of the Senate regarding the conditions report indicates continued Mongolian suant to law, a rule relative to Endangered Status for the Jaguar (RIN:1018–AC61), re- for the United States becoming a signatory compliance with U.S. and international ceived on July 17, 1997; to the Committee on to any international agreement on green- standards in the area of emigration. Environment and Public Works. house gas emissions under the United Na- WILLIAM J. CLINTON. EC–2533. A communication from the Acting tions Framework Convention on Climate THE WHITE HOUSE, July 18, 1997. Deputy, Secretary for Fish and Wildlife and Change (Rept. No. 105–54). Parks, U.S. Department of the Interior, f f transmitting, pursuant to law, a rule rel- ENROLLED BILL PRESENTED ative to Whooping Cranes (RIN:1018–AD45), INTRODUCTION OF BILLS AND received on July 17, 1997; to the Committee JOINT RESOLUTIONS The Secretary of the Senate reported on Environment and Public Works. The following bills and joint resolu- that on July 18, 1997 he had presented EC–2534. A communication from the Acting tions were introduced, read the first to the President of the United States, Deputy, Assistant Secretary for Fish and and second time by unanimous con- the following enrolled bill: Wildlife and Parks, U.S. Department of the sent, and referred as indicated: S. 768. An act for the relief of Michel Chris- Interior, transmitting, pursuant to law, a topher Meili, Guiseppina Meili, Mirjam rule relative to Southwestern Willow By Mr. GRAMS (for himself and Ms. Naomi Meili, and Davide Meili. Flycatcher (RIN:1018–AB97), received on July MOSELEY-BRAUN): 17, 1997; to the Committee on Environment S. 1038. A bill to provide for the minting f and Public Works. and circulation of one dollar coins, and for EXECUTIVE AND OTHER EC–2535. A communication from the Direc- other purposes; to the Committee on Bank- ing, Housing, and Urban Affairs. COMMUNICATIONS tor, Federal Emergency Management Agen- cy, transmitting, a draft of proposed legisla- By Mr. DOMENICI: The following communications were tion relative to Stafford Act Amendments; S. 1039. A bill to designate a commercial laid before the Senate, together with to the Committee on Environment and Pub- zone within which the transporation of cer- accompanying papers, reports, and doc- lic Works. tain passengers or property in commerce is uments, which were referred as indi- EC–2536. A communication from the Co- exempt from certain provisions of chapter 135, of title 49, United States Code; to the cated: Chair, Committee on Environment and Nat- ural Resources, the Under Secretary for Committee on Commerce, Science, and EC–2525. A communication from the Direc- Oceans and Atmosphere, U.S. Department of Transportation. tor, Office of Regulatory Management and Commerce, transmitting, a notification rel- By Mr. SHELBY (for himself, Mr. Information, U.S. Environmental Protection ative to the delay of the National Acid Pre- CRAIG, and Mr. HELMS): Agency, transmitting, pursuant to law, three cipitation Assessment Program 1996 Report S. 1040. A bill to promote freedom, fairness, rules including a rule entitled ‘‘National to Congress; to the Commmittee on Environ- and economic opportunity for families by re- Ambient Air Quality Standards for Ozone’’ ment and Public Works. ducing the power and reach of the Federal (FRL#5725–3) (FRL#5725–2) (FRL#5725–6), re- EC–2537. A communication from the Sec- establishment; to the Committee on Fi- ceived on July 17, 1997; to the Committee on retary of Transportation, transmitting, pur- nance. Environment and Public Works. suant to law, a report relative to capitaliza- By Mr. KERRY: EC–2526. A communication from the Direc- tion of State Infrastructure Banks; to the S. 1041. A bill to amend section 5314 of title tor, Office of Regulatory Management and Committee on Environment and Public 49, United States Code, to assist compliance Information, U.S. Environmental Protection Works. with the transit provisions of the Americans Agency, transmitting, pursuant to law, a EC–2538. A communication from the Ad- with Disabilities Act of 1990; to the Com- rule relative to Air Quality Implementation ministrator, U.S. Environmental Protection mittee on Banking, Housing, and Urban Af- Plans (FRL#5856–8), received on July 11, 1997; Agency, transmitting, pursuant to law, a re- fairs. to the Committee on Environment and Pub- port relative to the second biennial Report By Mr. CRAIG (for himself, Mr. GRA- lic Works. to Congress on Deposition of Air Pollutants HAM, and Mr. JOHNSON): EC–2527. A communication from the Direc- to Great Waters under the Clean Air Act for S. 1042. A bill to require country of origin tor, Office of Congressional Affairs, U.S. Nu- calendar year 1997; to the Committee on En- labeling of perishable agricultural commod- clear Regulatory Commission, transmitting, vironment and Public Works. ities imported into the United States and to pursuant to law, a report relative to Consoli- EC–2539. A communication from the Sec- establish penalties for violations of the la- dated Guidance About Materials Licenses; to retary, Judicial Conference of the United beling requirements; to the Committee on the Committee on Environment and Public States, transmitting, a draft of proposed leg- Agriculture, Nutrition, and Forestry. Works. islation entitled ‘‘Federal Courts Improve- By Mr. REID (for himself and Mr. EC–2528. A communication from the Direc- ment Act of 1997’’; to the Committee on the BRYAN): tor, Office of Regulatory Management and Judiciary. S. 1043. A bill to designate the United Information, U.S. Environmental Protection EC–2540. A communication from the Assist- States courthouse under construction at the Agency, transmitting, pursuant to law, three ant Attorney General, Office of Legislative corner of Las Vegas Boulevard and Clark Av- rules including one relative to Tebufenzoide Affairs, U.S. Department of Justice, trans- enue in Las Vegas, Nevada, as the ‘‘Lloyd D. Pesticide Tolerances (FRL#5719–9), received mitting, a draft of proposed legislation enti- George United States Courthouse’’; to the

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21JY7.REC S21JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S7768 CONGRESSIONAL RECORD — SENATE July 21, 1997 Committee on Environment and Public Anthony dollar in their self-service op- en in color, have a distinctive edge, have tac- Works. erations. The timeframe for a decision tile and visual features that make the de- By Mr. LEAHY (for himself and Mr. by Congress is short, because the U.S. nomination of the coin readily discernible, KYL): Mint has stated that it needs 30 months be minted and fabricated in the United S. 1044. A bill to amend the provisions of States, and have similar metallic, titles 17 and 18, United States Code, to pro- to design and fabricate a new $1 coin. anticounterfeiting properties as United vide greater copyright protection by amend- I think one of the most compelling States clad coinage in circulation on the ing criminal copyright infringment provi- reasons to replace a $1 bill with a $1 date of enactment of the Efficient Currency sions, and for other purposes; to the Com- coin is the cost savings. First, the Act of 1997.’’. mittee on the Judiciary. Treasury Department will save money. (b) DESIGN.—Section 5112(d)(1) of title 31, By Mr. CRAIG (for himself, Mrs. MUR- A $1 coin lasts about 30 years while United States Code, is amended— RAY, Mr. MURKOWSKI, Mr. KEMP- costing about 8 cents. A $1 bill is sig- (1) in the third sentence, by striking ‘‘the THORNE, Mr. WYDEN, Mr. GORTON, and nificantly more expensive, as it lasts dollar, half dollar,’’ and inserting ‘‘half dol- Mr. SMITH of Oregon): lar’’; and S.J. Res. 35. A joint resolution granting only 1 year and 1 month at a cost of 4 (2) by striking ‘‘The eagle’’ and all that fol- the consent of Congress to the Pacific North- cents per bill. lows through ‘‘Anthony.’’ and inserting the west Emergency Management Arrangement; Second, the private sector will save following: ‘‘The Secretary of the Treasury, to the Committee on the Judiciary. money. A $1 coin is easier to process in consultation with Congress, shall select f than a $1 bill. Paper money received on appropriate designs for the reverse and ob- buses must be hand-straightened at a verse sides of the dollar coin.’’. STATEMENTS ON INTRODUCED cost of over $20 per 1,000, or about 2 (c) EFFECTIVE DATE.—Before the date on BILLS AND JOINT RESOLUTIONS cents for each dollar. Coins can be which the Government inventory of Susan B. By Mr. GRAMS (for himself and Anthony $1 coins is depleted, the Secretary processed for less than one-tenth of the of the Treasury shall place into circulation Ms. MOSELEY-BRAUN): cost. The change to a $1 coin is esti- $1 coins authorized under section 5112(a)(1) of S. 1038. A bill to provide for the mint- mated to save the mass transit indus- title 31, United States Code, that comply ing and circulation of one dollar coins, try $124 million annually. with the requirements of subsections (b) and and for other purposes; to the Com- Furthermore, vending operators (d)(1) of that section 5112 (as amended by this mittee on Banking, Housing, and could avoid placing dollar bill accep- section). The Secretary may include such Urban Affairs. tors, which cost between $300 and $400 coins in any numismatic set produced by the THE EFFICIENT CURRENCY ACT OF 1997 each, on each vending machine. The ad- United States Mint before the date on which Mr. GRAMS. Mr. President, today ditional cost of these machines eventu- the coins are placed in circulation. (d) INCREASE CAPACITY.—The Secretary of Senator MOSELEY-BRAUN and I are in- ally must be passed on to customers. In the Treasury shall increase capacity at troducing the Efficient Currency Act of addition, bill acceptors frequently do United States Mint facilities to a level that 1997. The bill calls for a newly des- not work and are more expensive to would permit the replacement of $1 Federal ignated, golden-colored $1 coin to re- maintain than coin mechanisms. Reserve notes with $1 coins minted in ac- place the Susan B. Anthony dollar Another benefit is that many con- cordance with section 5112 of title 31, United coin. sumers will actually have less, not States Code, as amended by this Act. The argument for a $1 coin is simple: more, change in their pocket. Instead SEC. 3. CEASING ISSUANCE OF ONE DOLLAR it saves money. According to estimates of having to use 4, 8, or 12 quarters to NOTES. of the General Accounting Office and (a) IN GENERAL.—Federal Reserve banks pay for mass transit, parking meters, may continue to place into circulation $1 the Federal Reserve, replacing the $1 phone calls, and car washes, they will Federal Reserve notes in accordance with bill with a coin saves the Government use dollar coins weighing a fraction the section 5115 of title 31, United States Code, $2.28 billion during the first 5 years it weight of many quarters. until Susan B. Anthony coins and coins circulates. As we consider plans to bal- The visually impaired support the in- minted in accordance with this Act and the ance the budget and eliminate Govern- troduction of a $1 coin because the $1 amendments made by this Act total ment waste, I believe that carrying a $1 bill can be confused with bills of higher 1,000,000,000 coins in circulation, at which coin along with $2 bills is a relatively denominations. A useable $2 coin will time no Federal Reserve bank may order or painless option compared to the alter- permit them to complete small trans- place into circulation any $1 Federal Reserve note. natives of raising taxes or cutting im- actions without ever having to use (b) EXCEPTION.—Notwithstanding sub- portant programs. paper money. section (a), the Secretary of the Treasury A public opinion poll conducted in This legislation is called the Effi- shall produce only such number of $1 Federal May 1997 reveals that 58 percent of the ciency Currency Act because passage Reserve notes as the Board of Governors of American public favors replacing the $1 would bring efficiencies to the private the Federal Reserve System orders from bill with a coin when informed that sector as well as to Government. This time to time to meet the needs of collectors such a change would save the Govern- commonsense approach to modernizing of that denomination. Such notes shall be ment $456 million annually. our currency is not an original idea. In issued by 1 or more Federal Reserve banks in I want to stress that the Efficiency accordance with section 16 of the Federal Re- fact, the United States is the only serve Act and sold by the Secretary, in whole Currency Act of 1997 does not call for a major industrialized country that does or in part, under procedures prescribed by phase out of the $1 bill until 1 billion $1 not have high denomination coins. the Secretary. coins authorized under this legislation Mr. President, I ask unanimous con- SEC. 4. REGULATORY AUTHORITY. are in circulation. If the public rejects sent that both a copy of the Efficient The Secretary of the Treasury shall issue the new coin, the phase-out will not Currency Act of 1997 and a summary of appropriate rules and regulations to carry occur. its contents be entered into the out this Act and the amendments made by Unless this legislation is approved in RECORD. this Act. the near future, the U.S. Mint will There being no objection, the mate- begin the process of minting more of rial was ordered to be printed in the SUMMARY OF THE EFFICIENT CURRENCY ACT OF 1997 the unpopular Susan B. Anthony coins RECORD, as follows: New and Unique Coin: Section 2(a) of the by 1999. The supply of Anthony coins in S. 1038 bill authorizes production of a new dollar Government inventories fell by a total Be it enacted by the Senate and House of coin that (1) is golden in color, (2) has a dis- of 137 million coins in 1995 and 1996. Representatives of the United States of America tinctive edge, (3) has tactile and visual fea- Only 146 million remains as of May 30. in Congress assembled, tures that make the denomination of the The inventory has been falling at the SECTION 1. SHORT TITLE. coin readily discernible, and (4) has similar rate of about 5 million per month, be- This Act may be cited as the ‘‘Efficient metallic anti-counterfeiting properties of cause Anthony dollars are used at hun- Currency Act of 1997’’. U.S. clad coinage. This will make the dollar dreds of vending locations, by more SEC. 2. ONE DOLLAR COINS. coin easily distinguishable from a quarter. than a dozen major transit systems, (a) COLOR AND CONTENT.—Section 5112(b) of Images on the Coin: Section 2(b) authorizes title 31, United States Code, is amended— the Treasury Department to select new de- and by the U.S. Postal Service. Con- (1) in the first sentence, by striking ‘‘dol- signs, in consultation with Congress, for the trary to reports by opponents of the lar,’’; and obverse and reverse sides of the dollar coin. dollar coin, the U.S. Postal Service has (2) by inserting after the fourth sentence, Timetable for Circulation: It is expected no plans to discontinue the use of the the following: ‘‘The dollar coin shall be gold- that the mint will have to issue new Susan

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21JY7.REC S21JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 21, 1997 CONGRESSIONAL RECORD — SENATE S7769 B. Anthony coins by September 1999. Section der States because they are serving as Mr. President, I believe that by es- 2(c) of the bill requires that the Treasury De- the transition boundaries for all Mexi- tablishing this commercial zone we partment must replace the Susan B. An- can commercial traffic. will not only be helping New Mexico thony dollar coin with a new (and more usa- ble) dollar coin before the mint’s inventory Mr. President, it is clear that if we but also the American consumer. Be- of Susan B. Anthony coins are depleted. do not establish a commercial zone in cause as trade with Mexico continues Termination of $1 Bill: The Efficient Cur- New Mexico, my State will remain at a to increase, so will the demand for rency Act effectively lets the public decide tremendous disadvantage to other bor- more efficient border crossings. And if whether the Treasury Department should re- der States. We will continue to be one you have ever traveled to any of the tain or terminate the dollar bill. Section 3(a) step behind in attracting NAFTA-re- busier border crossings, you would states that if the use of the new dollar coins dramatically increases so that there are at lated businesses and building upon our quickly notice the long lines of com- least one billion coins in circulation, then current trade relationship with Mexico. mercial trucks sitting idle and waiting the dollar bill shall be terminated. Despite the fact that New Mexico for hours to cross into the United does not yet have a commercial zone, States. By Mr. DOMENICI: we are taking steps to increase trade By establishing this commercial zone S. 1039. A bill to designate a commer- with our neighbors. We have began to in New Mexico, we can help alleviate cial zone within which the transpor- put the necessary border infrastructure some of this traffic and make the proc- tation of certain passengers or prop- in place and are laying the foundation ess more efficient. erty in commerce is exempt from cer- for a winning partnership with Mexico. Mr. President, this is the economic tain provisions of chapter 135, of title We have moved to develop a state-of- reality we are facing in New Mexico 49, United States Code; to the Com- the-art Port of Entry at Santa Teresa unless this legislation is passed. I be- mittee on Commerce, Science, and which will facilitate efficient border lieve New Mexico has laid the founda- Transportation. crossings and will soon begin construc- tion for developing a winning trade THE NEW MEXICO COMMERCIAL ZONE ACT tion on a intermodal transportation partnership with Mexico. Mr. DOMENICI. Mr. President, today center. This center will help expedite Simply put, this legislation puts New I rise to introduce the New Mexico international cargo transfers not only Mexico on a level playing field with Commercial Zone Act of 1997. This leg- for New Mexico, but for the rest of the other border States so that we can con- islation will establish a much needed country once its construction has been tinue our efforts to make a brighter fu- zone in New Mexico to facilitate the completed. ture for New Mexico residents. trade and transportation of raw mate- Since the passage of NAFTA, New In closing, I have three letters sup- rials and merchandise across our bor- Mexico has witnessed its exports to porting this legislation, and I would der with Mexico. Mexico increase by over 1,000 percent— ask unanimous consent to submit for Mr. President, now that America is a percentage which represents one of the RECORD. witnessing the economic benefits of the the largest explosions in exports by There being no objection, the letters North American Free Trade Agreement any State in the Nation. were ordered to be printed in the [NAFTA] and trade with Mexico is Unfortunately, New Mexico still lags RECORD, as follows: growing at a record pace, it has become behind 35 other States in the amount of M.A. & SONS, clear to New Mexico that we must es- exports being sent to Mexico. It is be- CHILE PRODUCTS, tablish a commercial zone to take full coming increasingly clear to the people Derry, NM, June 9, 1997. advantage of the economic possibilities of New Mexico that one component is Senator PETE DOMENICI, available to border States. still missing. The establishment of a Building D, Suite 1, Mr. President, this legislation has New Mexico commercial zone. Las Cruces, NM. the support of New Mexico’s Governor, DEAR SENATOR DOMENICI: We are writing to Mr. President, this dilemma will not Gary Johnson, the State Economic De- thank you for your leadership in working to be more apparent than late this sum- velopment Department, the New Mex- resolve the D.O.T. enforcement of the ‘‘Com- mer when the Mexican chili crops are ico Border Authority, the United mercial Zone’’ at the Port of Columbus, New ready for harvest. Because without a Mexico. Your sponsorship of legislation to States-Mexico Chamber of Commerce, commercial zone, these farmers will address this problem is very much appre- the New Mexico food processing indus- not be able to process their chili crops ciated and will ensure that the Port of Co- try, the New Mexico Motor Carriers As- in the many food processors located in lumbus will remain a viable Port of Entry sociation, and the Cities of Las Cruces southern New Mexico. for New Mexico. and Deming. We, as importers of red chile from Mexico In the past, commercial zones were For a Mexican farmer to sell chili to for processing, need the Port of Columbus created by the Interstate Commerce our food processors, that farmer must ‘‘Commercial Zone’’ to be expanded as your Commission in numerous States to fa- transport the chili crop to the border legislation is proposing in order to remain cilitate local border trade and trans- station, unload the cargo, and then re- competitive and continue to employ people portation activities. They also serve to load it onto an American carrier to in the State of New Mexico at our chile proc- travel the remaining 30 miles to the essing plant. We have found the Port of control movement and uphold Amer- Entry at Columbus to be efficient and able to ican vehicle safety requirements for processing plant. Mr. President, this is clearly not an provide the service that we need. We want to foreign vehicles operating within the continue to use this Port instead of other United States. economic incentive for conducting Ports of Entry that are located further away It is within the limits of these zones business with New Mexico food proc- from the origin of the chile in Mexico. Using that commercial vehicles of either essors. other Ports of Entry would add time and Mexican or Canadian registry are au- Mr. President, we passed NAFTA to money to the product and this can be avoid- thorized to deliver products from their begin creating new jobs and business ed by using the Port of Columbus. country to a United States distribution opportunities for American businesses. Thank you again for your leadership in this issue that is important to us and the point or warehousing facility. In addi- Unfortunately, what we are seeing in New Mexico, is one of the first opportu- State of New Mexico. If you need any addi- tion to permitting these vehicles to tional information please feel free to contact pick up loads of products which are nities for new business, just slip me. destined for export into their respec- through our finger tips—because we do Sincerely, tive countries. not have a commercial zone. MARY ALICE GARAY, Mr. President, commercial zones Mr. President, this issue will not Owner. similar to the one I propose today have only affect the owners of these proc- been established in the States of: New essors, but also the 3,000 New Mexicans STATE OF NEW MEXICO, York, South Carolina, West Virginia, who work at these plants and rely on ECONOMIC DEVELOPMENT DEPARTMENT, Louisiana, Pennsylvania, Washington, that income to survive. Santa Fe, NM, June 18, 1997. The apprehension among these work- Senator PETE V. DOMENICI, Illinois, Colorado, Kentucky, Min- Hart Senate Office Building, nesota, California, Texas, Arizona, and ers is growing everyday because if Con- Washington, DC. the District of Columbia. gress does not resolve this issue, there DEAR SENATOR: The New Mexico Economic Since the passage of NAFTA, these will not be enough work to go around Development Department and the New Mex- zones have been very important to bor- this summer in southern New Mexico. ico Border Authority wish to express their

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21JY7.REC S21JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S7770 CONGRESSIONAL RECORD — SENATE July 21, 1997 support for a Southern New Mexico Border based tax reform. Therefore, I rise The flat tax, I believe, will restore Commercial Zone. today to offer the Freedom and Fair- fairness to tax laws by treating every- The establishment of a commercial zone to ness Restoration Act which will scrap one alike, regardless of what business cover portions of two counties (Dona Ana they are in, whether or not they have a and Luna) will encourage warehouses and the entire Income Tax Code as we know manufacturing plants in New Mexico’s bor- it and replace it with a system that lobbyist in Washington or how much der areas. The historical means of estab- taxes all income once and only once at money they make. If you earn more, lishing Commercial Zones has been to use a one low, flat rate of 17 percent. under the flat rate tax, you would pay population formula which does not work for A flat tax, I believe, will correct the more. Under the current system, one sparsely populated Southern New Mexico. vast and pervasive problems of the cur- taxpayer may pay little or no taxes be- New Mexico is poised for industrial and com- rent system. As illustrated before here, cause they have paid an accountant or mercial growth in the border area, and needs the complexity of Federal tax laws tax attorney to figure out the Tax Code a Commercial Zone to avoid being at a com- costs taxpayers approximately 5.3 bil- for them. At the same time, another petitive disadvantage with other border person with the same exact income but states. Of particular and immediate interest lion hours to comply with the current is the use of a Commercial Zone for produce Internal Revenue Code. The Tax Code who does not have the professional as- from Mexico moving to food processing is so complicated that even the IRS sistance may pay much more in taxes. plants in New Mexico. doesn’t understand it. I say that is not fair. We strongly applaud your efforts to estab- In 1993, the IRS gave 8.5 million Under a flat tax, this would end. Peo- lish a New Mexico Commecial Zone. wrong answers to taxpayers seeking as- ple would not have to hire an account- Sincerely, sistance, and the IRS sent out 5 million ant or tax attorney simply to comply GARY D. BRATCHER, correction notices which turned out to with the law. Everyone would fill out Cabinet Secretary. be wrong. the same simple, postcard-size return. Everyone will be taxed at the same UNITED STATES-MEXICO CHAMBER OF In 1996, this past year, taxpayers COMMERCE, CAMARA DE COMERCIO spent a staggering $225 billion trying to rate. And, yes, everyone will pay their MEXICO-ESTADOS UNIDOS, comply with the Tax Code. Think fair share. Washington, DC, July 9, 1997. about it—$225 billion in America spent Furthermore, the flat tax will elimi- Hon. PETE DOMENICI, by the taxpayers trying to comply with nate the double taxation of savings and U.S. Senate, the Tax Code. This is a deadweight loss promote jobs and higher wages in this Washington, DC, to the economy that is, as the Pre- country. Because the flat tax applies a DEAR SENATOR DOMENICI: The United single low rate to all Americans, I feel States-Mexico Chamber of Commerce is siding Officer knows as a member of the Armed Services Committee, about it is the best replacement of the cur- happy to hear of your sponsorship of the New rent system. I do not think that Amer- Mexico Commercial Zone Act of 1997. The equal to our national defense budget. legislation will certainly benefit the eco- We live in a society that accepts the icans should have to jump through nomic development of your state while sup- notion that some level of taxation is hoops just to keep the money they porting jobs on both sides of the border. Re- necessary to finance the cost of Gov- have earned through their hard work. gional prosperity is crucial to an economi- ernment, but it is important that it The current Tax Code basically says cally and environmentally stable border re- does no more harm than is necessary to you can keep your money only if you gion. do what we think you should do. This Until NAFTA’s cross-border trucking pro- achieve the stated goal. The current Tax Code is the product of a 40-year ex- is not freedom; it is serfdom. The flat visions take effect, the extension of commer- tax does away with Government micro- cial zones at the state level is both commer- periment with social engineering that cially and politically viable. In the case of has hampered the effort of the Amer- management of people’s personal lives New Mexico, it is especially crucial because ican people to be free, bear the fruit of and allows them to spend their hard- it does not have the same ‘‘twin city’’ ar- their labor and ultimately live the earned money as they see fit. But perhaps the most important vir- rangements as other border states and, American dream. therefore, cannot take advantage of existing Recently, the bipartisan national tue of the flat tax is that it supports commercial zones. Economic development the basic value of work, savings, and commission on restructuring the IRS and jobs in Las Cruces and Deming are left individual liberty. It has been a com- came out with a report laying out their vulnerable to transportation inefficiency. mitment to these principles that has vision for a new and improved IRS. One As NAFTA continues to benefit its three made America the most successful signatory nations, it would be unfortunate of the key recommendations of this economy in the world. In recent years, to keep regions, states or cities from enjoy- commission that was made was that we have watched as the private sector ing its full benefits. Current trucking provi- simplification of the tax law is nec- has streamlined itself. I think it is now sions amount to non-tariff barriers. The essary to reduce taxpayer burden and time for us to streamline the Tax Code. Chamber supports removal of those barriers to facilitate improved tax administra- and we support your initiative. Sincerely, tion. By Mr. KERRY: ALBERT C. ZAPANTA, We need to address significant tax S. 1041. A bill to amend section 5314 President. policy changes that will not only pro- of title 49, United States Code, to assist vide taxpayers with relief, but will sim- compliance with the transit provisions By Mr. SHELBY (for himself, Mr. plify and equalize the tax collection in of the Americans with Disabilities Act CRAIG, and Mr. HELMS): this country. Taxation is bad enough of 1990; to the Committee on Banking, S. 1040. A bill to promote freedom, without administering that tax Housing, and Urban Affairs. fairness, and economic opportunity for through the inefficient, inequitable, THE ACCESSIBLE TRANSPORTATION ACTION ACT families by reducing the power and and oppressive tax system that we have OF 1997 reach of the Federal establishment; to today. Mr. KERRY. Mr. President, today I the Committee on Finance. Rather than wading through stacks am introducing the Accessible Trans- THE FREEDOM AND FAIRNESS RESTORATION ACT of complicated IRS forms and instruc- portation Act of 1997. This legislation OF 1997 tion manuals, under a flat tax tax- will continue the progress we have Mr. SHELBY. Mr. President, al- payers would file a simple, postcard- made improving access to transpor- though the tax reconciliation bill size return. When fully phased in, the tation services for individuals with dis- promises to cut taxes by approximately family allowance would be $11,600 for a abilities. $76 billion over 5 years and $238 billion single person, $23,200 for a married cou- There are 25 million Americans with over 10 years, it should be viewed as ple filing jointly and $5,300 for each de- disabilities who are transit dependent. only a small step forward in providing pendent child. Access to transportation for these tax relief to the American people. These allowances will be indexed to Americans is the critical factor that I remind my colleagues this after- inflation under our bill. For a family of determines whether they can pursue noon that we must not forsake our four, this will mean that their first opportunities in employment, edu- broader agenda to seek comprehensive $33,800 of income would be exempt from cation, housing, and recreation. I be- reform of our tax system. Piecemeal taxation by the Federal Government, lieve that assuring access to transpor- tax cuts are not, and I want to say it which will assure a progressive average tation is critical to promoting max- again, are not a substitute for broad- rate for low-income households. imum independence and achieving

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21JY7.REC S21JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 21, 1997 CONGRESSIONAL RECORD — SENATE S7771 meaningful integration for persons Project Action for the next 5 fiscal Mr. President, I ask unanimous con- with disabilities. years to continue the vital process of sent that a list of countries which cur- In 1987, Congress created Project Ac- implementing the transportation fac- rently require country of origin label- tion to promote transportation accessi- ets of the Americans with Disabilities ing for produce to be printed in the bility and to enhance cooperation be- Act. RECORD. tween transit providers and the dis- The PRESIDING OFFICER. Without ability community. By Mr. CRAIG (for himself, Mr. objection, it is so ordered. In 1990, Congress passed the Ameri- GRAHAM and Mr. JOHNSON): PRODUCE LABELING REQUIREMENTS ABROAD cans With Disabilities Act [ADA] to en- S. 1042. A bill to require country of (From the National Food and Agriculture sure that every American has access to origin labeling of perishable agricul- Policy Project/Arizona State University) transportation, buildings and other tural commodities imported into the Countries which require country of origin necessary locations, services, and ac- United States and to establish pen- labeling on all produce, including bulk tivities which are essential to lead an alties for violations of the labeling re- produce: Bulgaria, Canada, Costa Rica, active life. The ADA guarantees equal- quirements; to the Committee on Agri- Egypt, Germany, Greece, India, Ireland, Ma- ity of accessibility for all Americans culture, Nutrition, and Forestry. laysia, Mexico, Romania, Spain, Tunisia, and regardless of the challenges that their THE IMPORTED PRODUCE LABELING ACT the United Kingdom. disabilities present. Mr. CRAIG. Mr. President, I rise Countries which require country of origin labeling only on prepackaged products: Aus- In order to facilitate the implemen- today with my colleague, Senator GRA- tation of the transportation provisions tria, Brazil, Ecuador, Hong Kong, Israel, HAM, to introduce the Imported Iraq, Portugal, South Africa, Switzerland, included in ADA, I sponsored the Ac- Produce Labeling Act of 1997. and Venezuela. cessible Transportation Action Act of For the past 67 years, since Congress Countries where country of origin labeling 1991 which was included in the Inter- passed the Tariff Act of 1930, almost ev- is an industry practice, though not required: modal Surface Transportation Effi- erything imported from abroad has Denmark, Finland, Italy, Japan, New Zea- ciency Act of 1991. This legislation au- been labeled as to its country of origin. land, Singapore, and Sweden. thorized funding of $2 million each year Guidelines now exist for products of Mr. CRAIG. Mr. President, it is about for the Easter Seals Society to under- virtually every kind—from clothing time we start giving American con- take a national program of research, and toys to prepared food. Pick up al- sumers the same information granted demonstrations, and technical assist- most anything in your local super- in these other nations. ance to provide new solutions to the market or department store and you’re Likewise, this legislation is not over- problems of providing transportation likely to see its country of origin clear- ly burdensome. The bill provides for a for persons with disabilities. Project ly displayed. wide variety of labeling options, any Action has become the Nation’s fore- This is sound trade policy, which has number of which might be easily em- most resource for information and served our Nation well. It is now time, ployed by American retailers to display guidance on implementing the trans- Mr. President, to extend these same la- information they already know. portation provisions of ADA. beling requirements to imported Mr. President, I ask my colleagues to The National Easter Seals Society produce. consider this legislation seriously. It is has administered Project Action and Currently, containers carrying im- time to close the gap of knowledge that has assisted in building strong working ported produce from abroad are re- currently exists relative to where im- relationships between transit opera- quired, by the same Tariff Act of 1930, ported produce is grown. American tors, disability organizations, and the to be labeled as to where that produce consumers have the right to know U.S. Department of Transportation in was grown and packed. This informa- where their food came from and, given order to find cost-effective ways to pro- tion makes it possible for American the opportunity, will use that informa- mote transportation accessibility. tion to protect and provide for their Project Action has developed an im- importers, shippers, and retailers to families. pressive resource center of informa- know the produce’s country of origin. Mr. GRAHAM. Mr. President, I rise tional materials for a wide variety of However, that information is never re- today to introduce legislation that will transit and disability community audi- vealed to the consumer. both support our national agricultural ences on the nature and progress of What this legislation would require, industries and bolster the abilities of ADA implementation. It has initiated Mr. President, is for this important in- American consumers to make educated consumer campaigns to insure that formation, already in the hands of our people with disabilities are aware of retailers and shippers, be passed on to choices about the fruits and vegetables their rights. those who ultimately purchase and that they purchase for their families: The positive effects that have devel- consume the imported produce. We’re the Imported Produce Labeling Act of oped from Project Action activities asking, quite simply, for retailers to 1997. have been impressive. Nationwide bus let the American consumer know what This important legislation extends fleet accessibility has grown. Rail sta- they’re eating and where it was pro- our current country-of-origin labeling tion access has increased. Paratransit duced. laws—enacted as part of the Tariff Act services have improved and expanded. The United States imports approxi- of 1930—to require country-of-origin la- And the disability and transit commu- mately 1.7 billion dollars’ worth of beling of imported produce at the final nities have learned how to work to- fruit and vegetables every year. Almost point of sale, which for most Ameri- gether to promote accessible transpor- all of this produce is purchased and cans is the grocery store. It would bol- tation. consumed by unsuspecting shoppers ster food safety, give consumers more However, there are a number of chal- who have no idea where, or under what information, and allow American grow- lenges which remain in order to assure conditions, it was grown. ers to achieve some benefit from the that the disabled have full access to While some might claim these new heavy investment they make in com- transportation services. The chief con- labeling requirements are unfair or plying with health, labor, and environ- cern is how to insure the implementa- burdensome, these claims are simply mental laws. tion of ADA in the most cost-effective not true, and aim to distract the real Mr. President, country-of-origin la- manner. Paratransit costs are high and issue: the consumer’s right to know. beling is not a new idea. For decades, resources are limited. At the same I would point out to these critics, Mr. European nations, Japan, and Canada time, overall Federal assistance for President, that most of our inter- have informed consumers about the transportation and mass transit has national trading partners already re- origins of the produce available for been limited. America needs Project quire such labeling. While I won’t take purchase. Action to continue to find innovative the time to read the names of all these One need only to walk through a su- ways to allow every disabled person to nations now, I would like to draw your permarket in Paris to notice the inter- gain equal access to our Nation’s pub- attention to two of those with the national nature of the produce sold. lic transportation systems. strictest labeling requirements, Can- Shoppers can purchase apples from the Therefore, I am today introducing ada and Mexico—our two closest trad- United States, tomatoes from Holland, legislation which will continue the ing partners. grapes from Spain, pears from France,

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21JY7.REC S21JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S7772 CONGRESSIONAL RECORD — SENATE July 21, 1997 peaches from Italy, and oranges from permarket shelves. That’s a small price S. 1044. A bill to amend the provi- Israel. to pay for the ability to make educated sions of titles 17 and 18, United States Our American supermarkets also choices in the marketplace. Code, to provide greater copyright pro- carry agricultural products from a It is my goal—and that of my cospon- tection by amending criminal copy- wide range of exporting nations. Why, sors, Senator CRAIG of Idaho and Sen- right infringement provisions, and for then, do our consumers lack the advan- ator JOHNSON of South Dakota—to en- other purposes; to the Committee on tage that their French, Japanese, and sure that all American consumers are the Judiciary. Canadian counterparts enjoy: the abil- armed with the same ability to make THE CRIMINAL COPYRIGHT IMPROVEMENT ACT OF ity to make informed choices about the informed choices as their counterparts 1997 food they feed to their families? in Florida, Europe, and Japan. Mr. LEAHY. Mr. President, I am It doesn’t have to be that way. For 18 We are introducing this legislation pleased to introduce on behalf of Sen- years, Florida grocery store customers because the changing nature of the ag- ator KYL and myself, the Criminal have enjoyed the benefits of a law very riculture market demands changes in Copyright Improvement Act of 1997. similar to what I am proposing today. our Nation’s trade policy. This bill would close a significant loop- In 1979, during my first term as Gov- Sixty-seven years ago, when the Tar- hole in our copyright law and remove a ernor, the Florida State Legislature iff Act of 1930 was enacted, fresh fruits significant hurdle in the Government’s enacted the Produce Labeling Act, a and vegetables were exempt from label- ability to bring criminal charges in law that is now administered by the ing laws. certain cases of willful copyright in- Florida Department of Agriculture and The Tariff Act dictates that items fringement. By insuring better protec- Consumer Services. are required to be labeled with their tion of the creative works available on- The law has been implemented with country of origin only on their outer- line, this bill will also encourage the almost no additional regulation and at most container. In the case of fresh continued growth of the Internet and extremely small cost to Florida tax- fruit and vegetables, the outermost our national information infrastruc- payers. container is the shipping container, ture. This bill reflects the recommenda- Extra supermarket inspections are from which produce is removed long tions and hard work of the Department not required. Department of Agri- before it ever reaches the consumer. of Justice, which worked with me to culture inspectors verify compliance Obviously, the consumer market has introduce a version of this legislation with the law as a part of their already changed dramatically since 1930. in the 104th Congress. I want to com- planned, routine inspections of all re- Whereas imported produce was once al- mend the Department for recognizing tail food stores in the State. most nonexistent in the United States, the need for action on this important Florida’s policy also expends limited it now constitutes a $1.7 billion indus- problem. This bill was noted with ap- time and money. A standard inspection try. In fact, 60 percent of our winter proval in the September, 1995 ‘‘Report takes approximately 15 minutes, the fruits and vegetables come from Mex- of the Working Group on Intellectual time needed to review displays and ico alone. Property Rights,’’ chaired by Bruce document discrepancies. And enforce- As imports have become a fixture in Lehman, Commissioner of Patents and ment costs are estimated to be less the domestic marketplace, our growers Trademarks, and has been cited by the than $40,000 annually for the depart- and their associations have argued for Business Software Alliance as one of ment’s inspection of over 23,000 retail country of origin labeling. But this is its major legislative priorities. food establishments. an issue that unites producers and con- For a criminal prosecution under While costs are low, the benefits that sumers. Research has shown that an current copyright law a defendant’s Floridians have enjoyed as a result of overwhelming number of American willful copyright infringement must be this policy are significant. consumers would like to know where ‘‘for purposes of commercial advantage Most importantly, consumers are their produce is grown—and they want or private financial gain.’’ Not-for- armed with important information that information made readily avail- profit or noncommercial copyright in- about the products upon which they able. fringement is not subject to criminal spend their hard-earned paycheck. Our bill is not cumbersome. It simply law enforcement, no matter how egre- Here’s what that means: says that a retailer of a perishable ag- gious the infringement or how great The ‘‘Made In The USA’’ label can ricultural product imported into the the loss to the copyright holder. This draw more customers to domestic United States shall inform consumers presents an enormous loophole in produce, thus supporting American as to the national origins of that prod- criminal liability for willful infringers farmers and the U.S. economy as a uct. who can use digital technology to whole. Nor is it designed to give American make exact copies of copyrighted soft- Consumers have the ability to seek products an unfair advantage in the ware and other digitally encoded out foreign produce that is known for marketplace. In fact, foreign growers works, and then use computer net- its high quality. who believe that they grow a superior works for quick, inexpensive and mass Shoppers have the information need- product to ours see this legislation as a distribution of pirated, infringing ed to boycott products from countries prime opportunity to sell more of their works. This bill would close this loop- that exploit workers with low pay, goods in American supermarkets. hole. poor working conditions, or child And finally, this bill does not sup- United States v. LaMacchia, 871 F. labor. press free trade or the free market sys- Supp. 535 (D. Mass. 1994), is an example American families can protect their tem. It simply seeks to level the regu- of the problem this criminal copyright own health from products subjected to latory playing field. Shoppers in the bill would fix. In that case, an MIT stu- unsafe or unsanitary produce-handling European Union and Canada benefit dent set up computer bulletin board practices. from a county-of-origin labeling re- systems on the Internet. Users posted The Florida Department of Agri- quirement. American consumers should and downloaded copyrighted software culture reports that the State’s label- have access to the same kind of infor- programs. This resulted in an esti- ing law has been both well-received and mation. mated loss to the copyright holders of cost-effective. It costs a store only $5 The Imported Produce Labeling Act over $1 million over a 6-week period. to $10 per week to implement, and the constitutes one of the most important Since the student apparently did not estimated industry compliance costs agriculture trade initiatives that will profit from the software piracy, the statewide are less than $200,000 annu- come before us during this Congress. It Government could not prosecute him ally. is a vital part of efforts to bolster one under criminal copyright law and in- In plain terms, this means that for of the most critical elements of our stead charged him with wire fraud. The less than $200,000, consumers in a State free-enterprise system: informed district court described the student’s that has 14 million residents and each choice. I urge its speedy passage. conduct ‘‘at best * * * as irresponsible, year welcomes over 30 million visitors and at worst as nihilistic, self-indul- have the basic information regarding By Mr. LEAHY (for himself and gent, and lacking in any fundamental the origins of the produce on their su- Mr. KYL): sense of values.’’

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21JY7.REC S21JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 21, 1997 CONGRESSIONAL RECORD — SENATE S7773 Nevertheless, the Court dismissed the not-for-profit infringement offense in The Copyright Act is grounded in the indictment in LaMacchia because it the version of the bill introduced in the copyright clause of the Constitution viewed copyright law as the exclusive 104th Congress. Thus, it would not be a and assures that ‘‘contributors to the remedy for protecting intellectual crime under the bill to make a single store of knowledge [receive] a fair re- property rights. The Court expressly copy of a copyrighted work, even if turn for their labors.’’ Harper & Row invited Congress to revisit the copy- that work were very valuable and ‘‘The Nation Enterprises’’, 471 U.S. 539, right law and make any necessary ad- worth over $10,000. Such valuable intel- 546 (1985). I am mindful, however, that justments, stating: lectual property, whether or not copy- when we exercise our power to make Criminal as well as civil penalties should righted, that is stolen could be pro- criminal certain forms of copyright in- probably attach to willful, multiple infringe- tected under the Economic Espionage fringement, we should act with ‘‘ex- ments of copyrighted software even absent a Act of 1996, if it is a trade secret, or ceeding caution’’ to protect the commercial motive on the part of the in- under the National Information Infra- public’s first amendment interest in fringer. One can envision ways that the copyright law could be modified to permit structure Protection Act of 1996, which the dissemination of ideas. Dowling v. such prosecution. But, ‘‘[i]t is the legisla- Senator KYL and I sponsored, if the United States, 473 U.S. 207, 221 (1985). I ture, not the Court which is to define a means used to complete the theft in- look forward to continuing to work crime, and ordain its punishment.’’ volved unauthorized computer access. with interested parties to make any This bill would ensure redress in the Second, the bill would increase the necessary refinements to this bill to in- future for flagrant, willful copyright monetary threshold for the existing sure that we have struck the appro- infringements in the following ways: criminal copyright offense, which priate balance. First, serious acts of willful copyright makes it a misdemeanor to commit I ask unanimous consent that my full infringement that result in multiple any willful infringement for commer- statement be placed in the RECORD to- copies over a limited time period and cial advantage or private financial gether with the bill and a sectional cause significant loss to the copyright gain, and a felony if 10 or more copies summary. holders, would be subject to criminal of works with a retail value of over There being no objection, the bill and prosecution. $2,500 are made during a 180-day period. summary were ordered to be printed in The bill would add a new offense pro- The bill would increase the monetary the RECORD, as follows: hibiting willful copyright infringement threshold in this offense from $2,500 to S. 1044 by reproduction or distributing, includ- $5,000 for felony liability. Be it enacted by the Senate and House of Rep- ing by electronic means, during a 180- Third, the bill would add a provision resentatives of the United States of America in day period of 10 or more copies of 1 or to treat more harshly recidivists who Congress assembled, more copyrighted works when the total commit a second or subsequent felony SECTION 1. SHORT TITLE. retail value of the copyrighted work or criminal copyright offense. Under ex- This Act may be cited as the ‘‘Criminal the total retail value of the copies of isting law, repeat offenders who com- Copyright Improvement Act of 1997’’. SEC. 2. CRIMINAL INFRINGEMENT OF COPY- such work is $5,000 or more. The bill mit a second or subsequent offense of RIGHTS. makes clear that to meet the monetary copyright infringement for commercial (a) DEFINITION OF FINANCIAL GAIN.—Section threshold either the infringing copies advantage or private financial gain are 101 of title 17, United States Code, is amend- or the copyrighted works must have a subject to imprisonment for up to 10 ed by inserting after the undesignated para- total retail value of $5,000 or more. The years. The bill would also double the graph relating to the term ‘‘display’’, the fol- penalty would be a misdemeanor if the term of imprisonment from 3 years to 6 lowing new paragraph: total retail value of the infringed or in- years for a repeat offense for non- ‘‘The term ‘financial gain’ includes receipt fringing works is between $5,000 and commercial copyright infringement. of anything of value, including the receipt of other copyrighted works.’’. $10,000, and up to 3 years’ imprison- Such a calibration of penalties takes (b) CRIMINAL OFFENSES.—Section 506(a) of ment if the total retail value is $10,000 an important step in ensuring adequate title 17, United States Code, is amended to or more. deterrence of repeated willful copy- read as follows: By contrast, the penalties proposed right infringements. ‘‘(a) CRIMINAL INFRINGEMENT.—Any person for for-profit infringement are much Fourth, the bill would extend the who infringes a copyright willfully either— stiffer. Specifically, under the existing statute of limitations for criminal ‘‘(1) for purposes of commercial advantage 17 U.S.C. section 506(a)(1), for-profit in- copyright infringement actions from 3 or private financial gain; or fringements in which the retail value to 5 years, which is the norm for viola- ‘‘(2) by the reproduction or distribution, including by electronic means, during any of the infringing works is less than tions of criminal laws under title 18, 180-day period, of 10 or more copies, of 1 or $2,500, would constitute a mis- including those protecting intellectual more copyrighted works, and the total retail demeanor; and, if the retail value of property. value of the copyrighted work or the total the infringing works is $2,500 or more, Finally, the bill would strengthen retail value of the copies of such work is the penalty is up to 5 years’ imprison- victims’ rights by giving victimized $5,000 or more, ment. As discussed below, this bill copyright holders the opportunity to shall be punished as provided under section would change the monetary threshold provide a victim impact statement to 2319 of title 18.’’. amount for felony liability under sec- the sentencing court. In addition, the (c) LIMITATION ON CRIMINAL PROCEEDINGS.— bill would direct the Sentencing Com- Section 507(a) of title 17, United States Code, tion 506(a)(1) from $2,500 to $5,000. is amended by striking ‘‘three’’ and inserting The monetary, time period and num- mission to set sufficiently stringent ‘‘five’’. ber of copies thresholds for the new of- sentencing guideline ranges for defend- (d) CRIMINAL INFRINGEMENT OF A COPY- fense, under 17 U.S.C. section 506(a)(2), ants convicted of intellectual property RIGHT.—Section 2319 of title 18, United States for not-for-profit infringements, com- offenses to deter these crimes. Code, is amended— bined with the scienter requirement, Technological developments and the (1) in subsection (b)— would insure that criminal charges emergence of the national information (A) in the matter preceding paragraph (1), would only apply to willful infringe- infrastructure in this country and the by striking ‘‘subsection (a) of this section’’ ments, not merely casual or careless global information infrastructure and inserting ‘‘section 506(a)(1) of title 17’’; (B) in paragraph (1)— conduct, that result in a significant worldwide hold enormous promise and (i) by inserting ‘‘including by electronic level of harm to the copyright holder’s present significant challenges for pro- means,’’ after ‘‘if the offense consists of the rights. De minimis, not-for-profit vio- tecting creative works. Increasing ac- reproduction or distribution,’’; and lations, including making a single pi- cessibility and affordability of infor- (ii) by striking ‘‘with a retail value of more rated copy or distributing pirated cop- mation and entertainment services are than $2,500’’ and inserting ‘‘which have a ies of works worth less than a total of important goals that oftentimes re- total retail value of more than $5,000’’; and $5,000, would not be subject to criminal quire prudent balancing of public and (C) in paragraph (3) by inserting before the prosecution. private interests. In the area of cre- semicolon ‘‘under this subsection’’; and (2) by redesignating subsection (c) as sub- This bill would require that at least ative rights, that balance has rested on section (e) and inserting after subsection (b) 10 or more copies of the infringed work encouraging creativity by ensuring the following: be made, which is a quantity require- rights that reward it while encouraging ‘‘(c) Any person who commits an offense ment that was not present for the new its public availability. under section 506(a)(2) of title 17—

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21JY7.REC S21JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S7774 CONGRESSIONAL RECORD — SENATE July 21, 1997 ‘‘(1) shall be imprisoned not more than 3 tifies the victim of the offense and the ex- allegedly solicited users of a computer bul- years, or fined in the amount set forth in tent and scope of the injury and loss suffered letin board system on the Internet to submit this title, or both, if the offense consists of by the victim, including the estimated eco- copies of copyrighted software programs for the reproduction or distribution, including nomic impact of the offense on that victim. posting on the system, and then encouraged by electronic means, during any 180-day pe- ‘‘(2) Persons permitted to submit victim users to download copies of the illegally cop- riod, of 10 or more copies of 1 or more copy- impact statements shall include— ied programs, resulting in an estimated loss righted works, and the total retail value of ‘‘(A) producers and sellers of legitimate of revenue to the copyright holders of over the copyrighted work or the total retail goods or services affected by conduct in- one million dollars over a six week period. value of the copies of such work is $10,000 or volved in the offense; Absent evidence of ‘‘commercial advantage more; ‘‘(B) holders of intellectual property rights or private financial gain,’’ the defendant was ‘‘(2) shall be imprisoned not more than 1 in such goods or services; and charged with conspiracy to violate the wire year or fined in the amount set forth in this ‘‘(C) the legal representatives of such pro- fraud statute, 18 U.S.C. § 1343. The district title, or both, if the offense consists of the ducers, sellers, and holders.’’. court described the defendant’s conduct as reproduction or distribution, including by (g) DIRECTIVE TO SENTENCING COMMISSION.— ‘‘heedlessly irresponsible, and at worst as ni- electronic means during any 180-day period, (1) IN GENERAL.—Under the authority of hilistic, self-indulgent, and lacking in any of 10 or more copies of 1 or more copyrighted the Sentencing Reform Act of 1984 (Public fundamental sense of values,’’ but neverthe- works, and the total retail value of the copy- Law 98–473; 98 Stat. 1987) and section 21 of less dismissed the indictment on the grounds righted works or the total retail value of the the Sentencing Act of 1987 (Public Law 100– that acts of copyright infringement may not copies of such works is $5,000 or more; and 182; 101 Stat. 1271; 18 U.S.C. 994 note) (includ- be prosecuted under the wire fraud statute. ‘‘(3) shall be imprisoned not more than 6 ing the authority to amend the sentencing The bill would add a new criminal copy- years, or fined in the amount set forth in guidelines and policy statements), the right violation to close this loophole in cir- this title, or both, if the offense is a second United States Sentencing Commission shall cumstances where no commercial advantage or subsequent felony offense under paragraph ensure that the applicable guideline range or private financial gain may be shown. New (1). for a defendant convicted of a crime against section 17 U.S.C. § 506(a)(2) would prohibit ‘‘(d)(1) During preparation of the intellectual property (including offenses set willfully infringing a copyright by reproduc- presentence report pursuant to rule 32(c) of forth at section 506(a) of title 17, United ing or distributing, including by electronic the Federal Rules of Criminal Procedure, States Code, and sections 2319, 2319A and 2320 means, during any 180-day period, 10 or more victims of the offense shall be permitted to of title 18, United States Code)— copies of 1 or more copyrighted works when submit, and the probation officer shall re- (A) is sufficiently stringent to deter such a the total retail value of the copyrighted ceive, a victim impact statement that iden- crime; works or of the copies of such works is $5,000 tifies the victim of the offense and the ex- (B) adequately reflects the additional con- or more. The penalty would be a mis- tent and scope of the injury and loss suffered siderations set forth in paragraph (2) of this demeanor if the total retail value of the in- by the victim, including the estimated eco- subsection; and fringed or infringing works is between $5,000 nomic impact of the offense on that victim. (C) takes into account more than minimal and $10,000, and up to 3 years’ imprisonment ‘‘(2) Persons permitted to submit victim planning and other aggravating factors. if the total retail value is $10,000 or more. Not-for-profit willful infringement would impact statements shall include— (2) IMPLEMENTATION.—In implementing ‘‘(A) producers and sellers of legitimate paragraph (1), the Sentencing Commission thus be subject to similar threshold require- works affected by conduct involved in the of- shall ensure that the guidelines provide for ments as for a felony offense of willful in- fense; consideration of the retail value of the le- fringement for commercial advantage or pri- ‘‘(B) holders of intellectual property rights gitimate items that are infringed upon and vate financial gain under 17 U.S.C. § 506(a)(1), in such works; and the quantity of items so infringed. which requires that 10 or more copies of ‘‘(C) the legal representatives of such pro- copyrighted works with a total retail value of more than $5000 be made during a 180-day ducers, sellers, and holders.’’. CRIMINAL COPYRIGHT IMPROVEMENT ACT OF period. The penalties applicable to an offense (e) UNAUTHORIZED FIXATION AND TRAF- 1997—SUMMARY FICKING OF LIVE MUSICAL PERFORMANCES.— under 17 U.S.C. § 506(a)(1) are more stringent Section 2319A of title 18, United States Code, Sec. 1. Short Title. The Act may be cited than for the new offense under 17 U.S.C. § is amended— as the ‘‘Criminal Copyright Improvement 506(a)(2). Specifically, under 17 U.S.C. § (1) by redesignating subsections (d) and (e) Act of 1997.’’ 506(a)(1), if the retail value of the infringing as subsections (e) and (f), respectively; and Sec. 2. Criminal Infringement of Copy- works is less than $5,000, the penalty is a (2) by inserting after subsection (c) the fol- rights. As outlined below, the bill adds a new misdemeanor; and, if the retail value of the lowing: definition for ‘‘financial gain’’ to 17 U.S.C. § infringing works is $5,000 or more, the pen- ‘‘(d) VICTIM IMPACT STATEMENT.—(1) During 101, and amends the criminal copyright in- alty is up to 5 years’ imprisonment. preparation of the presentence report pursu- fringement provisions in titles 17 and 18. The The monetary, timing, and number of cop- ant to rule 32(c) of the Federal Rules of bill also ensures that victims of criminal ies prerequisites for the new offense under 17 Criminal Procedure, victims of the offense copyright infringement have an opportunity U.S.C. § 506(a)(2), combined with the scienter shall be permitted to submit, and the proba- to provide victim impact statements to the requirement, insure that merely casual or tion officer shall receive, a victim impact court about the impact of the offense. Fi- careless conduct resulting in distribution of statement that identifies the victim of the nally, the bill directs the Sentencing Com- only a few infringing copies would not be offense and the extent and scope of the in- mission to ensure that guideline ranges are subject to criminal prosecution. In other jury and loss suffered by the victim, includ- sufficiently stringent to deter criminal in- words, criminal charges would only apply to ing the estimated economic impact of the of- fringement of intellectual property rights, not-for-profit willful infringements of 10 or fense on that victim. and provide for consideration of the retail more copies during a limited time period re- ‘‘(2) Persons permitted to submit victim value and quantity of the legitimate, in- sulting in a significant level of harm of over impact statements shall include— fringed-upon items and other aggravating $5,000 to the copyright holder’s rights. De ‘‘(A) producers and sellers of legitimate factors. minimis violations would not be subject to works affected by conduct involved in the of- (a) Definition of Financial Gain. Current criminal prosecution. fense; copyright law provides criminal penalties The offenses under § 506(a)(1) and (a)(2) ‘‘(B) holders of intellectual property rights when a copyright is willfully infringed for would overlap. For example, someone selling in such works; and purposes of ‘‘commercial advantage or pri- 10 or more copies of a copyrighted work dur- ‘‘(C) the legal representatives of such pro- vate financial gain.’’ The bill would add a ing a 180-day period may violate both provi- ducers, sellers, and holders.’’. definition of ‘‘financial gain’’ to the copy- sions if the value of those copyrighted works (f) TRAFFICKING IN COUNTERFEIT GOODS OR right law, 17 U.S.C. § 101, and clarify that is $5,000 or more. The key, however, is that SERVICES.—Section 2320 of title 18, United this term means the ‘‘receipt of anything of the new provision in § 506(a)(2) requires that States Code, is amended— value, including the receipt of other copy- the infringement involve, at a minimum, (1) by redesignating subsection (d) as sub- righted works.’’ This definition would make harm in the amount of $5,000. By contrast, section (f) and transferring such subsection clear that ‘‘financial gain’’ includes bar- any offense, regardless of value, involving to the end of the section; tering for, and the trading of, pirated soft- private financial gain or commercial advan- (2) by redesignating subsection (e) as sub- ware. tage constitutes at least a misdemeanor, and section (d); and (b) Criminal Offenses. The requirement in the crime reaches felony level under the bill (3) by inserting after subsection (d) (as re- criminal copyright infringement actions once the retail value of the copyrighted or designated by paragraph (2) of this sub- under 17 U.S.C. § 506(a) that the defendant’s infringing material exceeds $5,000. section) the following: willful copyright infringement be ‘‘for pur- The new crime would also require that at ‘‘(e)(1) During preparation of the poses of commercial advantage or private fi- least 10 or more copies of the infringed work presentence report pursuant to rule 32(c) of nancial gain,’’ has allowed serious incidents be made. It would not be a crime under the the Federal Rules of Criminal Procedure, of copyright infringement to escape success- bill to make a single copy of a copyrighted victims of the offense shall be permitted to ful criminal prosecution. work, even if it were very valuable and submit, and the probation officer shall re- For example, in United States v. LaMacchia, worth over $10,000. Such valuable intellec- ceive, a victim impact statement that iden- 871 F. Supp. 535 (D. Mass. 1994), the defendant tual property, whether or not copyrighted,

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21JY7.REC S21JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 21, 1997 CONGRESSIONAL RECORD — SENATE S7775 that is stolen could be protected under the in 18 U.S.C. § 2319 to comport with the pro- means’’. The bill would also change the mon- Economic Espionage Act of 1996 (if it is a posed amendments to 17 U.S.C. § 506(a), and etary threshold from $2,500 to $5,000. trade secret), or under the National Informa- would also add a new subsection providing Second, the bill would provide a new pen- tion Infrastructure Protection Act of 1996, if for a victim impact statement. alty in 18 U.S.C. § 2319(c) for the new offense First, under current law, willful copyright the means used to complete the theft in- in 17 U.S.C. § 506(a)(2) of willfully infringing infringement for commercial advantage or volved unauthorized computer access. a copyright by reproduction or distribution, (c) Limitation on Criminal Procedures. private financial gain is a felony punishable including by electronic means, during a 180- The bill would amend 17 U.S.C. § 507(a) to ex- by up to five years’ imprisonment only when day period of 10 or more copies of copyright tend the statute of limitations for criminal the offense consists of the reproduction or works when the total retail value of the copyright infringement actions from three to distribution during a 180-day period of ten or copyrighted work or of the copies of such five years. A five year statute of limitations more copies with a retail value of over $2500. work is $5,000 or more. Violations would be is the norm for violations of criminal laws Willful infringements for commercial advan- punishable by up to 1 year imprisonment and under Title 18, including those that relate to tage, which do not satisfy the monetary fine if the total retail value of the infringed protecting intellectual property. See, e.g., 18 threshold or quantity requirement during or infringing works is between $5,000 and U.S.C. § 2319A (Unauthorized fixation of and the statutory time period, are misdemeanor $10,000, and by up to 3 years’ imprisonment Trafficking in sound recordings) and § 2320 offenses. The bill would modify the felony and a fine if the total retail value is $10,000 (Trafficking in counterfeit goods or serv- penalty provision for willful copyright in- or more. ices). fringement for commercial advantage or pri- (d) Criminal Infringement of a Copyright. vate financial gain to cover reproductions or The penalty structure under the bill is as The bill would amend the penalty provisions distributions ‘‘including by electronic follows:

Infringed work values— Under $5,000 $5,000 to $10,000 Over $10,000

Willful infringement for commercial advantage/private financial gain [17 Misdemeanor ...... FELONY (up to 5 years), if 10 or more copies within 180-day FELONY (up to 5 years), if 10 or more copies within 180-day U.S.C. § 506(a)(1)]. period. period. Willful infringement by reproduction or distribution of works with value No criminal liability ...... Misdemeanor, if 10 or more copies within 180-day period ... FELONY (up to 3 years), if 10 or more copies within 180-day over $10,000 for any reason [17 U.S.C. § 506(a)(2)]. period.

Third, the bill would add a provision to ogous to fraud-related offenses, and that ap- ily understand why this measure is so treat more harshly recidivists who commit a propriate sentences are to be calculated ac- important. I hope the Senate will act second or subsequent felony offense under cording to the retail value of the infringing quickly in seeing this measure ap- new 18 U.S.C. 2319(c), which refers to new 17 items, rather than of the legitimate copy- U.S.C. § 506(a)(2). Under existing law, 18 righted items which are infringed. This may proved without delay. U.S.C. 2319(b)(2), recidivists are subject to up understate the harm. The bill would direct Mr. President, I ask unanimous con- to ten years’ imprisonment and a fine for a the Sentencing Commission to ensure that sent that a copy of this legislation be second felony offense for willful copyright applicable guideline ranges for criminal printed in the RECORD. infringement for commercial advantage or copyright infringement and violations of 18 private financial gain. The bill would double U.S.C. §§ 2319, 2319A and 2320 are sufficiently There being no objection, the resolu- the penalty to up to six years’ imprisonment stringent to deter such crimes, provide for tion was ordered to be printed in the and a fine for a second felony offense under consideration of the retail value and quan- RECORD, as follows: new 17 U.S.C. § 506(a)(2) for not-for-profit tity of the legitimate, infringed-upon items, willful copyright infringement. and take into account more than minimal S.J. RES. 35 Finally, the bill would add new subsection planning and other aggravating factors. § 2319(d), requiring that victims of the of- Resolved by the Senate and House of Rep- fense, including producers and sellers of le- By Mr. CRAIG (for himself, Mrs. resentatives of the United States of America in Congress Assembled. gitimate, infringed-upon goods or services, MURRAY, Mr. MURKOWSKI, Mr. holders of intellectual property rights and KEMPTHORNE, Mr. WYDEN, and SECTION 1. CONGRESSIONAL CONSENT. their legal representatives, be given the op- Mr. GORTON): Congress consents to the Pacific Northwest portunity to provide a victim impact state- S.J. Res. 35. A joint resolution grant- ment to the probation officer preparing the Emergency Management Arrangement en- presentence report. The bill directs that the ing the consent of Congress to the Pa- tered into between the State of Alaska, statement identify the victim of the offense cific Northwest Emergency Manage- Idaho, Oregon, and Washington, and the and the extent and scope of the injury and ment Arrangement; to the Committee Province of British Columbia and the Yukon loss suffered, including the estimated eco- on the Judiciary. Territory. The arrangement is substantially nomic impact of the offense on that victim. THE PACIFIC NORTHWEST EMERGENCY as follows: (e) Unauthorized Fixation and Trafficking MANAGEMENT ARRANGEMENT ‘‘PACIFIC NORTHWEST EMERGENCY of Live Musical Performances. The bill Mr. CRAIG. Mr. President, I rise would add new subsection 18 U.S.C. § 2319A(d) MANAGEMENT ARRANGEMENT today to introduce legislation to grant requiring that victims of the offense, includ- ‘‘Whereas, Pacific Northwest emergency ing producers and sellers of legitimate, in- congressional consent to the Pacific Northwest Emergency Management Ar- management arrangement between the gov- fringed-upon goods or services, holders of in- ernment of the States of Alaska, the govern- tellectual property rights and their legal rangement entered into between the ment of the State of Idaho, the government representatives, be given the opportunity to States of Alaska, Idaho, Oregon, and of the State of Oregon, the government of provide a victim impact statement to the Washington and the Provinces of Brit- the State of Washington, the government of probation officer preparing the presentence ish Columbia and the Yukon Territory. the State of the Providence of British Co- report. The bill directs that the statement Mr. President, I am pleased that so lumbia, and the government of Yukon Terri- identify the victim of the offense and the ex- many of my colleagues from the Pa- tory hereinafter referred to collectively as tent and scope of the injury and loss suf- the ‘Signatories’ and separately as a ‘Signa- fered, including the estimated economic im- cific Northwest have joined me in co- tory’; pact of the offense on that victim. sponsoring this important legislation. (f) Trafficking in Counterfeit Goods or This agreement, negotiated and ‘‘Whereas, the Signatories recognize the Services. The bill would add new subsection signed by the Governors of the four Pa- importance of comprehensive and coordi- 18 U.S.C. § 2320(e) requiring that victims of cific Northwest States and their col- nated civil emergency preparedness, re- the offense, including producers and sellers leagues in Canada, would significantly sponse and recovery measures for natural of legitimate, infringed-upon goods or serv- improve multi-State and binational co- and technological emergencies or disasters, ices, holders of intellectual property rights operation during the response phase of and for declared or undeclared hostilities in- and their legal representatives, be given the cluding enemy attack; opportunity to provide a victim impact natural disasters in the Northwest. In ‘‘Whereas, the Signatories further recog- statement to the probation officer preparing addition, it would provide for region- nize the benefits of coordinating their sepa- the presentence report. The bill directs that wide civil defense coordination and rate emergency preparedness, response and the statement identify the victim of the of- guarantee residents of each State recovery measures with that of contiguous fense and the extent and scope of the injury emergency services. The agreement jurisdictions for those emergencies, disas- and loss suffered, including the estimated does this while protecting the indi- ters, or hostilities affecting or potentially economic impact of the offense on that vic- vidual sovereignty of each State and affecting any one or more of the Signatories tim. (g) Directive to Sentencing Commission. Province. in the Pacific Northwest; and The Sentencing Commission currently takes Mr. President, given the impact of re- ‘‘Whereas, the Signatories further recog- the view that criminal copyright infringe- cent natural disasters across the Pa- nize that regionally based emergency pre- ment and trademark counterfeiting are anal- cific Northwest, my colleagues can eas- paredness, response and recovery measures

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21JY7.REC S21JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S7776 CONGRESSIONAL RECORD — SENATE July 21, 1997 will benefit all jurisdictions within the Pa- ‘‘(H) The authority of any Signatory con- [Mr. COCHRAN] was added as a cospon- cific Northwest, and best serve their respec- ducting an exercise will ensure that all other sor of S. 194, a bill to amend the Inter- tive national interests in cooperative and co- signatories are provided an opportunity to nal Revenue Code of 1986 to make per- ordinated emergency preparedness as facili- observe, and/or participate in such exercises. manent the section 170(e)(5) rules per- tated by the Consultative Group on Com- ‘‘COMPREHENSIVE NATURE prehensive Civil Emergency and Manage- taining to gifts of publicly-traded ‘‘(4) This document is a comprehensive ar- ment established in the Agreement Between stock to certain private foundations rangement on civil emergency planning and the government of the United States of and for other purposes. management. To this end and from time to America and the government of Canada on S. 364 Cooperation and Comprehensive Civil Emer- time as necessary, all Signatories shall— At the request of Mr. LIEBERMAN, the gency Planning and Management signed at ‘‘(A) review and exchange their respective Ottawa, Ontario, Canada on April 28, 1986: contact lists, warning and notification plans, name of the Senator from Indiana [Mr. Now, therefore, be it is hereby agreed by and and selected emergency plans; and LUGAR] was added as a cosponsor of S. between each and all of the Signatories here- ‘‘(B) as appropriate, provide such plans and 364, a bill to provide legal standards to as follows: procedures to local governments, and other and procedures for suppliers of raw ma- emergency agencies within their respective ‘‘ADVISORY COMMITTEE terials and component parts for med- territories. ‘‘(1) An advisory committee named the ical devices. ‘‘ARRANGEMENT NOT EXCLUSIVE Western Regional Emergency Management S. 428 ‘‘(5) This is not an exclusive arrangement Advisory Committee (W–REMAC) shall be es- At the request of Mr. KOHL, the name tablished which will include one member ap- and shall not prevent or limit other civil pointed by each Signatory. emergency arrangements of any nature be- of the Senator from New Jersey [Mr. ‘‘(2) The W–REMAC will be guided by the tween Signatories to this arrangement. In TORRICELLI] was added as a cosponsor agreed-upon Terms of Reference-Annex A. the event of any conflicts between the provi- of S. 428, a bill to amend chapter 44 of ‘‘PRINCIPLES OF COOPERATION sions of this arrangement and any other ar- title 18, United States Code, to improve ‘‘(3) Subject to the laws of each Signatory, rangement regarding emergency service en- the safety of handguns. the following cooperative principles are to be tered into by two or more States of the S. 484 United States who are Signatories to this ar- used as a guide by the Signatories in civil At the request of Mr. DEWINE, the rangement, the provisions of that other ar- emergency matters which may affect more names of the Senator from Minnesota than one Signatory: rangement shall apply, with respect to the ‘‘(A) The authorities of each Signatory obligations of those States to each other, [Mr. WELLSTONE], the Senator from may seek the advice, cooperation, or assist- and not the conflicting provisions of this ar- Kentucky [Mr. MCCONNELL], the Sen- ance of any other Signatory in any civil rangement. ator from Washington [Mrs. MURRAY], emergency matter. ‘‘AMENDMENTS the Senator from Wyoming [Mr. ENZI], ‘‘(B) Nothing in the arrangement shall der- ‘‘(6) This Arrangement and the Annex may the Senator from Florida [Mr. MACK], ogate from the applicable laws within the ju- be amended (and additional Annexes may be and the Senator from Massachusetts risdiction of any Signatory. However, the au- added) by arrangement of the Signatories. [Mr. KERRY] were added as cosponsors thorities of any Signatory may request from ‘‘CANCELLATION OR SUBSTITUTION the authorities of any other signatory appro- of S. 484, a bill to amend the Public priate alleviation of such laws if their nor- ‘‘(7) Any Signatory to this Arrangement Health Service Act to provide for the mal application might lead to delay or dif- may withdraw from or cancel their partici- establishment of a pediatric research ficulty in the rapid execution of necessary pation in this Arrangement by giving sixty initiative. days, written notice in advance of this effec- civil emergency measures. S. 493 ‘‘(C) Each Signatory will use its best ef- tive date to all other Signatories. At the request of Mr. KYL, the name forts to facilitate the movement of evacuees, ‘‘AUTHORITY of the Senator from Maryland [Ms. MI- refugees, civil emergency personnel, equip- ‘‘(8) All Signatories to this Arrangement ment or other resources into or across its warrant they have the power and capacity to KULSKI] was added as a cosponsor of S. territory, or to a designated staging area accept, execute, and deliver this Arrange- 493, a bill to amend section 1029 of title when it is agreed that such movement or ment. 18, United States Code, with respect to staging will facilitate civil emergency oper- ‘‘EFFECTIVE DATE cellular telephone cloning para- ations by the affected or participating Sig- phernalia. natories. ‘‘(9) Notwithstanding any dates noted else- S. 766 ‘‘(D) In times of emergency, each Signa- where, this Arrangement shall commence tory will use its best efforts to ensure that April 1, 1996.’’. At the request of Ms. SNOWE, the the citizens or residents of any other Signa- SEC. 2. INCONSISTENCY OF LANGUAGE. name of the Senator from New Jersey tory present in its territory are provided The validity of the arrangements con- [Mr. LAUTENBERG] was added as a co- emergency health services and emergency sented to by this Act shall not be affected by sponsor of S. 766, a bill to require equi- social services in a manner no less favorable any insubstantial difference in their form or table coverage of prescription contra- than that provided to its own citizens. language as adopted by the States and prov- inces. ceptive drugs and devices, and contra- ‘‘(E) Each Signatory will use discretionary ceptive services under health plans. power as far as possible to avoid levy of any SEC. 3. RIGHT TO ALTER, AMEND, OR REPEAL. tax, tariff, business license, or user fees on The right to alter, amend, or repeal this S. 781 the services, equipment, and supplies of any Act is hereby expressly reserved. At the request of Mr. HATCH, the other Signatory which is engaged in civil f name of the Senator from Arkansas emergency activities in the territory of an- [Mr. HUTCHINSON] was added as a co- other Signatory, and will use its best efforts ADDITIONAL COSPONSORS sponsor of S. 781, a bill to establish a to encourage local governments or other ju- S. 22 uniform and more efficient Federal risdictions within its territory to do like- At the request of Mr. MOYNIHAN, the process for protecting property owners’ wise. ‘‘(F) When civil emergency personnel, con- names of the Senator from Connecticut rights guaranteed by the fifth amend- tracted firms or personnel, vehicles, equip- [Mr. DODD], and the Senator from New ment. ment, or other services from any Signatory Mexico [Mr. BINGAMAN] were added as S. 810 are made available to or are employed to as- cosponsors of S. 22, a bill to establish a At the request of Mr. ABRAHAM, the sist any other Signatory, all providing Sig- bipartisan national commission to ad- name of the Senator from Colorado natories will use best efforts to ensure that dress the year 2000 computer problem. [Mr. ALLARD] was added as a cosponsor charges, levies, or costs for such use or as- S. 89 of S. 810, a bill to impose certain sanc- sistance will not exceed those paid for simi- lar use of such resources within their own At the request of Ms. SNOWE, the tions on the People’s Republic of territory. name of the Senator from Minnesota China, and for other purposes. ‘‘(G) Each Signatory will exchange contact [Mr. WELLSTONE] was added as a co- S. 980 lists, warning and notification plans, and se- sponsor of S. 89, a bill to prohibit dis- At the request of Mr. DURBIN, the lected emergency plans and will call to the crimination against individuals and names of the Senator from Arkansas attention of their respective local govern- their family members on the basis of [Mr. BUMPERS] and the Senator from ments and other jurisdictional authorities in genetic information, or a request for Louisiana [Mr. BREAUX] were added as areas adjacent to intersignatory boundaries, genetic services. the desirability of compatibility of civil cosponsors of S. 980, a bill to require emergency plans and the exchange of contact S. 194 the Secretary of the Army to close the lists, warning and notification plans, and se- At the request of Mr. CHAFEE, the United States Army School of the lected emergency plans. name of the Senator from Mississippi Americas.

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21JY7.REC S21JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 21, 1997 CONGRESSIONAL RECORD — SENATE S7777 S. 1020 committee on Public Health and Safe- Although nothing could replace the At the request of Mr. JEFFORDS, the ty will be held on Thursday, July 24, love he had for his homeland, Baron name of the Senator from Rhode Island 1997, 2:00 p.m., in SD–430 of the Senate von Trapp did grow to love his new [Mr. REED] was added as a cosponsor of Dirksen Building. The subject of the home in Vermont. He found new pas- S. 1020, a bill to amend the National hearing is National Institutes of sions in maple sugaring and farming. Foundation on the Arts and Human- Health Reauthorization. For further Because they spent most of the year ities Act of 1965 and the Art and Arti- information, please call the com- touring, they rented out rooms in their facts Indemnity Act to improve and ex- mittee, 202/224–5375. lodge to skiers, starting what would tend the acts, and for other purposes. f eventually become a landmark in SENATE CONCURRENT RESOLUTION 30 Vermont, the Trapp Family Lodge. AUTHORITY FOR COMMITTEE TO Once again, I would like to express At the request of Mr. HELMS, the MEET names of the Senator from Michigan my admiration for Baron von Trapp [Mr. ABRAHAM] and the Senator from SUBCOMMITTEE ON INTERNATIONAL SECURITY, and his entire family on the anniver- ∑ New York [Mr. D’AMATO] were added as PROLIFERATION, AND FEDERAL SERVICES sary of his death. cosponsors of Senate Concurrent Reso- Mr. BOND. Mr. President, I ask unan- f lution 30, a concurrent resolution ex- imous consent on behalf of the Govern- USDA REORGANIZATION mental Affairs Subcommittee on Inter- pressing the sense of the Congress that ∑ Mr. KERREY. Mr. President, I rise the Republic of China should be admit- national Security, Proliferation, and Federal Services to meet on Monday, today to talk briefly about the recent ted to multilateral economic institu- consolidation of administrative func- tions, including the International Mon- July 21, 1997, at 2:30 p.m. for a hearing on ‘‘The Compliance Review Process tions at the U.S. Department of Agri- etary Fund and the International Bank culture, recently announced by Sec- for Reconstruction and Development. and Missile Defense.’’ The PRESIDING OFFICER. Without retary Dan Glickman. AMENDMENT NO. 943 In my contact with Secretary Glick- objection, it is so ordered. At the request of Mrs. HUTCHISON, the man he has said that the changes are names of the Senator from Arizona f being aimed at the national head- [Mr. KYL], the Senator from Arizona ADDITIONAL STATEMENTS quarters and State offices, but that [Mr. MCCAIN], the Senator from New there will be no additional field office Mexico [Mr. BINGAMAN], the Senator closings or cut in services as a result of from California [Mrs. BOXER], and the TRIBUTE TO BARON GEORG VON this directive. Senator from Texas [Mr. GRAMM] were TRAPP Secretary Glickman has also in- added as cosponsors of amendment No. ∑ Mr. JEFFORDS. Mr. President, I rise formed me that an outside study is 943 proposed to S. 1023, an original bill today to pay tribute to an American being commissioned to assess the making appropriations for the Treas- and Austrian hero, Baron Georg von workload of parts of the agency, in ury Department, the United States Trapp, on the 50th anniversary of his light of current and anticipated pro- Postal Service, the Executive Office of death. During his lifetime, Baron von gram activity, and will report on rec- the President, and certain Independent Trapp stood for honor and courage. He ommendations on the county delivery Agencies, for the fiscal year ending held a deep devotion for both his coun- systems. The recent administrative conver- September 30, 1998, and for other pur- try and his family. Baron von Trapp gence by the Secretary is an effort to poses. was remembered on the week-end of make the USDA a more efficient and f July 11, in a celebration at the Trapp cost-effective agency. No doubt, to Family Lodge in Stowe, VT. I regret NOTICES OF HEARINGS streamline the agency and improve ef- that I was unable to attend, however I ficiency, there is a need to eliminate COMMITTEE ON LABOR AND HUMAN RESOURCES would like to take this opportunity to any duplication of administrative serv- Mr. JEFFORDS. Mr. President, I remember the significance of his life, ices. However, there is also a need to would like to announce for information made famous by the 1965 movie, ‘‘The maintain a vital local field staff with of the Senate and the public that an Sound of Music.’’ the necessary resources available to Executive Session of the Senate Com- It is a reflection of Baron von Trapp’s them so that they can deliver services mittee on Labor and Human Resources spirit that he is not only an American will be held on Wednesday, July 23, to our producers. legend, but he is also considered a hero As the USDA continues to make ad- 1997, 9:30 a.m., in SD–430 of the Senate in Austria, the homeland that he fled Dirksen Building. The following are on justments to its operations, I will con- 60 years ago. It is a tribute to his excel- tinue to work with the Secretary and the agenda to be considered: S. 1020, lence that the 89 members of the 1997 Arts and Humanities Amendments of solicit feedback from our local Ne- graduating class of the Theresianum braska offices. 1997; the National Science Foundation Military Academy, the Austrian equiv- Authorization of 1997; the Workforce The Freedom to Farm Act of 1996, for alent to West Point, voted Baron von better or worse, has brought us into a Investment Partnership Act; and Presi- Trapp their class hero, someone whom dential nominations. For further infor- new era of our farm program. To some they all wished to emulate. extent producers, Members of Congress, mation, please call the committee, 202/ Baron von Trapp was a celebrated 224–5375. and USDA staff are entering unchart- military commander. He was honored ered waters. I will be diligent in my ef- COMMITTEE ON LABOR AND HUMAN RESOURCES with two medals for courage in battle, forts in making sure the USDA, and Mr. JEFFORDS. Mr. President, I including the Maria Theresian Ritter Congress, is up to the navigational would like to announce for information Medal, Austria’s highest, for sinking a task.∑ of the Senate and the public that a French submarine in 1915. He was also f hearing of the Senate Committee on influential in the development of sub- Labor and Human Resources will be marine warfare and torpedoes. How- TRIBUTE TO ROLAND AND CLAIRE held on Thursday, July 24, 1997, 10:00 ever, his love and devotion for his JUTRAS, NATIONAL 1997 PAR- a.m., in SD–430 of the Senate Dirksen country never underscored the impor- ENTS OF THE YEAR Building. The subject of the hearing is tance of his family. He made an intense ∑ Mr. SMITH of New Hampshire. Mr. Higher Education Act Reauthorization; connection with his children through President, I rise today to pay tribute Title IV. For further information, music. Out of this connection came the to Roland and Claire Jutras of Peter- please call the committee, 202/224–5375. famous Trapp Family Singers. When borough, NH, the National 1997 Parents COMMITTEE ON LABOR AND HUMAN RESOURCES the Nazis invaded and were pressuring of the Year. The National Parents’ Day Mr. JEFFORDS. Mr. President, I Baron von Trapp to join Hitler’s ranks, Foundation bestowed the honor on the would like to announce for information he asked his family if they wanted to Jutrases after searching the Nation for of the Senate and the public that a leave for America, saying that if any- the parents of the year. hearing of the Senate Committee on one wanted to stay, they would all Roland Jutras came to town in 1972 Labor and Human Resources Sub- stay. Everyone wanted to leave. to run the town of Peterborough’s

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21JY7.REC S21JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S7778 CONGRESSIONAL RECORD — SENATE July 21, 1997 Recreation Department. His 25 years of came a civil rights officer with the U.S. under section 8 of the U.S. Housing Act service to the town’s children has Commission on Civil Rights. About of 1937. earned him much praise and esteem that time, he started volunteering on Section 206 of House Concurrent Res- from the community around. Roland the local level, rising from director of olution 84, the concurrent resolution met Claire playing at the co-ed evening media relations to president of the on the budget for fiscal year 1998, re- volleyball league in 1972. They were Montgomery County branch of the quires the chairman of the Senate later married in 1975. NAACP. Mr. Norment’s political and Budget Committee to adjust the discre- Roland and Claire are active mem- professional successes were a direct tionary spending limits, the appro- bers of their community. Roland re- measure of his character. He was an priate budgetary aggregates and the ceived the Peterborough Rotary Club unselfish man, one who put aside the Appropriations Committee’s allocation Paul Harris Award in 1989, Peter- personal for the common good. As his contained in the most recently adopted borough Citizen of the Year in 1987, and son, Julian, commented, Regardless of budget resolution—in this case, House he was VFW Man of the Year in 1981. philosophical differences, he got along Concurrent Resolution 84—to reflect Roland also served on the ConVal Dis- with you, he respected your opinions. additional new budget authority and trict School Board for 2 years and he Throughout the course of his career outlays for an appropriation for arrear- taught at St. Peter’s Church. Claire is as a civil rights leader, Hanley ages for international organizations, involved in many community activities Norment relentlessly championed edu- international peacekeeping, and multi- as well. She has been a Brownie leader cational causes, pushing for higher lateral development banks. for 3 years, a St. Peter’s religious edu- standards and equal opportunities for I hereby submit revisions to the non- cation teacher for 4 years, preschool all children, regardless of race. He defense discretionary spending limits teacher, recreation volunteer, and a knew firsthand the value of a good edu- for fiscal year 1998 contained in section member of a local sorority organiza- cation. Born in Marianna, AR on Janu- 201 of House Concurrent Resolution 84 tion. Claire is also a full-time special ary 16, 1932, to Ruby and Samuel in the following amounts: education aide at Peterborough Ele- Norment, Hanley received his early Budget Authority 1998 mentary School and is known for her education in the Arkansas public Current nondefense discre- warm smile and generous heart to all school system in the Jim Crow era. Un- tionary spending limit ... $261,598,000,000 of those people she has touched. daunted by the circumstances of time Adjustment ...... 100,000,000 Roland and Claire have strengthened Revised nondefense discre- and place, Norment earned two B.A. de- tionary spending limit ... 261,698,000,000 their family with pride, dedication, and grees and nearly finished a doctoral de- love, always first. The Jutras’ four Outlays 1998 gree in political science at the Univer- Current nondefense discre- daughters have earned as much com- sity of Michigan. He used his talents munity recognition as their parents. tionary spending limit ... $286,458,000,000 and knowledge generously. For more Adjustment ...... 98,000,000 Christine and Michelle are seniors at than 20 years, he tutored individual Revised nondefense discre- Norwich University, Veronica will be a students through various organizations tionary spending limit ... 286,556,000,000 sophomore at Holy Cross in Worcester, such as the Alpha Phi Alpha fraternity I hereby submit revisions to the MA, in the fall, while Natalie will be a and the NAACP. budget authority, outlays, and deficit junior at St. Anselem College in Man- Mr. Norment was extremely proud of aggregates for fiscal year 1998 con- chester, NH. the contributions of his wife, Christa, tained in section 101 of House Concur- The National Parents’ Day Founda- former principal of Montgomery Knolls rent Resolution 84 in the following tion was founded in 1994 after President Elementary School in Silver Spring, amounts: Bill Clinton signed into law the cre- MD, to the field of education. Their ation of National Parents Day on the Budget Authority 1998 children, Camille and Julian, continue Current aggregate ...... $1,390,441,000,000 fourth Sunday of July each year. Every the family tradition of academic Adjustment ...... 100,000,000 year the foundation looks for parents Revised aggregate ...... 1,390,541,000,000 who are intact married couples with achievement and public service. Camille is pursuing her second mas- Outlays 1998 children, people of good reputation, Current aggregate ...... $1,372,013,000,000 couples who mirror in their lives be- ter’s degree at New York University Adjustment ...... 98,000,000 havior the ideals we want to see rep- and I am proud to have Julian working Revised aggregate ...... 1,372,111,000,000 on my Washington staff. The fruit does licated, and people with strong reli- Deficit 1998 giously based moral values. not fall far from the tree. Current aggregate ...... $173,013,000,000 Roland and Claire will join 13 other Mr. Norment retired in September as Adjustment ...... 98,000,000 U.S. couples who were finalists for the director of the Office of Civil Rights at Revised aggregate ...... 173,111,000,000 award this week in a reception here on the U.S. Department of Transpor- I hereby submit revisions to the 1998 Capitol Hill. Mr. President, on Wednes- tation. At the time of his tragic death, Senate Appropriations Committee day evening, I look forward to meeting he was president of the Maryland State budget authority and outlay alloca- the Jutrases here in a reception to Conference NAACP branches. Hanley tions, pursuant to section 302 of the honor this wonderful Granite State James Norment fought the good fight, Congressional Budget Act, in the fol- couple. finished the course, and kept the faith. lowing amounts: ∑ Roland and Claire represent the very We all feel his loss. Budget Authority 1998 best in parenting and embody the fin- f Current Appropriations Committee allocation .... $792,510,000,000 est in sacrificial and caring love for SUBMITTING CHANGES TO THE children. New Hampshire is fortunate Adjustment ...... 3,766,000,000 BUDGET RESOLUTION DISCRE- Revised Appropriations to be blessed by their leadership and TIONARY SPENDING LIMITS, AP- Committee allocation .... 796,276,000,000 dedication. I applaud Roland and Claire PROPRIATE BUDGETARY AGGRE- Outlays 1998 Jutras for their outstanding and caring GATES, AND APPROPRIATIONS Current Appropriations spirit for their community and family. COMMITTEE ALLOCATION Committee allocation .... $824,678,000,000 I am proud to represent them in the ∑ Adjustment ...... 3,505,000,000 U.S. Senate. Congratulations Roland Mr. DOMENICI. Section 203 of House Revised Appropriations and Claire. ∑ Concurrent Resolution 84, the concur- Committee allocation .... 828,183,000,000 ∑ rent resolution on the budget for fiscal f f year 1998, allows the chairman of the HANLEY JAMES NORMENT Senate Budget Committee to adjust THE CLOSING OF WOOLWORTH’S ∑ Mr. HOLLINGS. Mr. President, I rise the Appropriations Committee’s allo- ∑ Mr. MOYNIHAN. Mr. President, I today to salute Mr. Hanley Norment, a cation contained in the most recently noted in Friday’s New York Times the great civil rights leader and dedicated adopted budget resolution—in this demise of Woolworth’s, one of the Na- family man who died Thursday, July case, House Concurrent Resolution 84— tion’s best known retailers and one 10, 1997. to reflect an appropriation for the re- with its origins in upstate New York. In 1966, Hanley James Norment came newal of expiring contracts for tenant- The Times article quotes Hofstra pro- to Washington and a year later, he be- and project-based housing assistance fessor Robert Sobel; ‘‘Woolworth was

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21JY7.REC S21JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 21, 1997 CONGRESSIONAL RECORD — SENATE S7779 100 years ago what Walmart is today.’’ Woolworth’s will be fondly remem- Indian manufacturing companies, and Perhaps in a century Walmart will bered by millions of its customers who family farms. similarly be remembered as an icon of dined at the lunch counter and pur- And, Mr. President, our Fortune 500 a by-gone era, but the mercantile com- chased some of life’s little necessities companies may well have all the infor- parison is apt. With over 8,000 stores there. The company also stands as a mation and all the connections they worldwide, and with an emphasis on testament to the possibilities when one need to succeed in world trade. More volume purchases and discount prices, person has one good idea and endless power to them. But a small Montana Woolworth’s was a retailing giant. determination. ∑ farmer, or a specialized high-techology The early efforts of Frank Winfield f business, simply doesn’t have the Woolworth did not portend such suc- money and manpower to keep up with TRIBUTE TO THE VERMONT STATE cess. Born on a farm in Jefferson Coun- overseas opportunities. POLICE FOR 50 YEARS OF EXEM- ty in 1852, his favorite boyhood game Even at the most basic logistical PLARY SERVICE was playing store but initially he was level, the paperwork and customs not very good at it. At 19 he began ∑ Mr. JEFFORDS. Mr. President, it forms associated with imports and ex- working in a village grocery store at gives me great pleasure to extend my ports can be too much for a small busi- no pay, and did so for 2 years. After a heartfelt congratulations to the ness to handle. Additional burdens in- similar 3-month internship at Moore & Vermont State Police on the occasion clude finding foreign partners in far- Smith in Watertown, he finally secured of their 50th anniversary. away countries—and while Canada gainful employment as a store clerk at It all started on July 1, 1947, when makes up about half our exports, other $3.50 a week. the Department of Public Safety, home Montana markets range around the Dollar stores might seem to be a late of the Vermont State Police, was es- world, from Kuwait to the Philippines 20th century development, but in 1875 tablished by the Vermont General As- to Bangladesh. there was a profitable 99 cent store in sembly. Although Vermont was one of So our Montana farms, ranches, and Watertown. Mr. A. Bushnell hired the last in the Nation to create a State businesses can gain a lot from the Woolworth as a $10-dollar-a-week clerk police force, it is widely regarded as world marketplace. But they often in a 99 cent store he was opening in one of the country’s best. At its incep- need expert assistance in finding likely Port Huron, MI. Woolworth’s lack of tion, it was comprised of 55 State markets and partners abroad. And they salesmanship led to a $1.50 cut in his troopers and 7 civilians. need early warning when foreign com- salary. Still, he saw the possibilities of During the department’s 50 years of petitors try to take advantage of a store with all merchandise priced the service, Vermont’s population has in- them—as one firm found a Chinese same. In 1877 Woolworth returned to creased by over 50 percent. As Vermont company pirating its hunting decoy de- Moore & Smith. The next year he per- changed, so did the department. Today, signs and advertising them in sports- suaded his employers to try a counter it also includes a larger civilian force mens’ magazines. at a county fair on which all items sold to assist with laboratory procedures That is what the Montana World for five cents. It was a great success. and other non-law enforcement related Trade Center provides. And the $2.5 Woolworth persuaded Mr. Moore to work. Technological advances such as million grant included in this bill will back him with $300 for a five cent store the introduction of radar as a speed en- help the center meet that goal. It will on Bleeker Street in Utica, but it failed forcement tool, the purchase of the help Montanans compete in the world after 3 months. Woolworth realized first polygraph instrument, and the marketplace and export more effec- that he had not had enough variety in creation of a mobile crime lab unit all tively. That is critical to our State’s his stock so in 1879 he opened a new increased the department’s ability to economic future. So this grant is a store in Lancaster, PA with a line of deal with the rising challenges facing good investment that will pay off in ten-cent items as well. This one suc- law enforcement today. new exports and more jobs. ceeded. Woolworth soon perfected the The changing societal and family dy- I hope the Senate will approve it. ∑ combination of inexpensive items you namics have greatly impacted our po- occasionally needed with inexpensive lice force. Today, our troopers must be f items you occasionally wanted. He trained differently to meet these chal- FRANK AND MARION HAWKINS’ opened his second store in Reading in lenges. What remains the same, how- 50TH WEDDING ANNIVERSARY 1884 and continued to expand. By 1909 ever, is the dedication, profes- Woolworth was in a position to com- sionalism, and exemplary service we ∑ Mr. CHAFEE. Mr. President, I rise mission the tallest building in the have been accustomed to—in spite of today to offer my hearty congratula- world, which the Woolworth Building the ever present dangers of the job. On tions to Frank and Marion Hawkins on was when it was completed in 1913. any given day, a trooper’s job might their 50th wedding anniversary. Frank Woolworth’s early partners had range from assisting a stranded motor- and Marion took their vows at St. Ray- opened their own chains of five and ist on Interstate 89 to a homicide call mond’s Church in Providence, RI, in tens. In 1912 they all were absorbed by in the northeast kingdom. 1947. So, on October 2, they will have the F.W. Woolworth Co., giving Wool- For 50 years the department has spent 50 years together, living their worth control over 596 stores. He con- helped improve our communities and dreams, raising their family, and shar- stantly strived to expand his line of given our citizens a sense of security. ing their successes and setbacks. five and ten cent merchandise, and was On behalf of all Vermonters I would The Hawkins are blessed with four able to keep costs down by having like to thank the Department of Public children: Robert, Charles, Mary-Ellen, goods manufactured especially for his Safety, and wish them continued suc- and Stephen. They are also the proud chain, sometimes buying an entire cess. ∑ grandparents of five grandchildren. year’s output from a factory. f After graduating from Providence Frank Woolworth died in 1919. His College in 1942, Frank served in the empire continued to grow. By 1954, 75 MONTANA WORLD TRADE CENTER Army Air Force during World War II. years after his first sale, Woolworth’s ∑ Mr. BAUCUS. Mr. President, in to- Marion graduated from Edgewood Sec- had 2,850 stores and $700 million in an- day’s world, trade doesn’t stop at the retarial School. Frank retired in 1986 nual sales. Six years later sales topped borders. Whatever business you’re in, after working for the Carey & Celotex $1 billion. But changes on the Amer- and whether you operate a Fortune 500 Corp. ican landscape and in the retail world company or a small family farm, every I am pleased to announce that the were underway, and they would eventu- day you have more opportunities and family will gather on July 27, 1997, for ally lead to Friday’s announcement. more competitors overseas. a mass and festive meal to celebrate The emigration to the suburbs and That’s why an organization like the the Hawkins’ 50th wedding anniver- competition from drug stores, specialty Montana World Trade Center is so val- sary. In closing, Mr. President, I want stores, malls, and large retailers along uable to our State. We are a small busi- to extend my best wishes to the entire the highways finally wore down one of ness State. We have small timber Hawkins family as they come together the pillars of Main Street. mills, environmental technology firms, to celebrate this wonderful event.∑

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21JY7.REC S21JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S7780 CONGRESSIONAL RECORD — SENATE July 21, 1997 TRIBUTE TO GEOFFEREY WARD (6) The Department of State. United States or member of the Armed Forces ∑ (7) The Department of the Treasury. who is detailed to an element of the Community Mr. SMITH of New Hampshire. Mr. (8) The Department of Energy. Management Account from another element of President, I rise today to pay tribute (9) The Federal Bureau of Investigation. the United States Government shall be detailed to Geofferey Ward, a Portsmouth High (10) The Drug Enforcement Administration. on a reimbursable basis; except that any such School senior, for attending the 50th (11) The National Reconnaissance Office. officer, employee, or member may be detailed on annual American Legion Boys Nation. (12) The National Imagery and Mapping a nonreimbursable basis for a period of less than Geofferey was chosen to represent the Agency. one year for the performance of temporary func- Granite State at the national program. SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZA- tions as required by the Director of Central In- TIONS. He was also one of several boys to at- telligence. (a) SPECIFICATIONS OF AMOUNTS AND PER- (e) NATIONAL DRUG INTELLIGENCE CENTER.— tend American Legion Boys State at SONNEL CEILINGS.—The amounts authorized to (1) IN GENERAL.—Of the amount authorized to the New Hampshire Technical Institute be appropriated under section 101, and the au- be appropriated in subsection (a), the amount of in Concord this summer. These are cer- thorized personnel ceilings as of September 30, $27,000,000 shall be available for the National tainly accomplishments of which he 1998, for the conduct of the intelligence and in- Drug Intelligence Center. Within such amount, should be very proud, and I applaud telligence-related activities of the elements listed funds provided for research, development, test, him for his achievements. in such section, are those specified in the classi- and engineering purposes shall remain available Boys State and Boys Nation are fied Schedule of Authorizations prepared to ac- until September 30, 1999, and funds provided for company the bill H.R. 1775 of the 105th Con- procurement purposes shall remain available week-long programs that aim to teach gress. until September 30, 2000. young men to be responsible citizens (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF (2) TRANSFER OF FUNDS.—The Director of Cen- by teaching them how the Government AUTHORIZATIONS.—The Schedule of Authoriza- tral Intelligence shall transfer to the Attorney works. The students set up a legisla- tions shall be made available to the Committees General of the United States funds available for ture where they introduce and debate on Appropriations of the Senate and House of the National Drug Intelligence Center under bills in order to learn the complexities Representatives and to the President. The Presi- paragraph (1). The Attorney General shall uti- of democracy. While learning about the dent shall provide for suitable distribution of lize funds so transferred for the activities of the ins and outs of the Government, he will the Schedule, or of appropriate portions of the Center. Schedule, within the executive branch. (3) LIMITATION.—Amounts available for the also learn interpersonal skills and the SEC. 103. PERSONNEL CEILING ADJUSTMENTS. Center may not be used in contravention of the importance of listening, understanding (a) AUTHORITY FOR ADJUSTMENTS.—With the provisions of section 103(d)(1) of the National and working together. approval of the Director of the Office of Man- Security Act of 1947 (50 U.S.C. 403–3(d)(1)). Geofferey enjoys politics and may agement and Budget, the Director of Central In- (4) AUTHORITY.—Notwithstanding any other pursue a career in a related field. I con- telligence may authorize employment of civilian provision of law, the Attorney General shall re- gratulate Geofferey on his outstanding personnel in excess of the number authorized for tain full authority over the operations of the accomplishments. I commend his hard fiscal year 1998 under section 102 when the Di- Center. work and perseverance and wish him rector of Central Intelligence determines that TITLE II—CENTRAL INTELLIGENCE AGEN- luck at Boys Nation. ∑ such action is necessary to the performance of CY RETIREMENT AND DISABILITY SYS- important intelligence functions, except that the TEM f number of personnel employed in excess of the SEC. 201. AUTHORIZATION OF APPROPRIATIONS. INTELLIGENCE AUTHORIZATION number authorized under such section may not, There is authorized to be appropriated for the ACT FOR FISCAL YEAR 1998 for any element of the intelligence community, Central Intelligence Agency Retirement and Dis- exceed two percent of the number of civilian ability Fund for fiscal year 1998 the sum of Mr. BOND. I ask unanimous consent personnel authorized under such section for $196,900,000. that the Chair lay before the Senate a such element. TITLE III—GENERAL PROVISIONS message from the House of (b) NOTICE TO INTELLIGENCE COMMITTEES.— The Director of Central Intelligence shall SEC. 301. INCREASE IN EMPLOYEE COMPENSA- Represenatives on S. 858 entitled, ‘‘An TION AND BENEFITS AUTHORIZED Act to Authorize Appropriations for promptly notify the Permanent Select Committee BY LAW. Fiscal Year 1998 for Intelligence and In- on Intelligence of the House of Representatives Appropriations authorized by this Act for sal- and the Select Committee on Intelligence of the telligence-related Activities of the ary, pay, retirement, and other benefits for Fed- Senate whenever he exercises the authority eral employees may be increased by such addi- United States Government, the Com- granted by this section. munity Management Account, and the tional or supplemental amounts as may be nec- SEC. 104. COMMUNITY MANAGEMENT ACCOUNT. essary for increases in such compensation or Central Intelligence Agency Retire- (a) AUTHORIZATION OF APPROPRIATIONS.— benefits authorized by law. ment and Disability System, and for There is authorized to be appropriated for the SEC. 302. RESTRICTION ON CONDUCT OF INTEL- other purposes.’’ Community Management Account of the Direc- LIGENCE ACTIVITIES. The PRESIDING OFFICER laid be- tor of Central Intelligence for fiscal year 1998 The authorization of appropriations by this fore the Senate the following message the sum of $147,588,000. Within such amount, Act shall not be deemed to constitute authority from the House of Representatives: funds identified in the classified Schedule of for the conduct of any intelligence activity Authorizations referred to in section 102(a) for which is not otherwise authorized by the Con- Resolved, That the bill from the Senate (S. the Advanced Research and Development Com- 858) entitled ‘‘An Act to authorize appropria- stitution or the laws of the United States. mittee and the Environmental Intelligence and SEC. 303. ADMINISTRATION OF THE OFFICE OF tions for fiscal year 1998 for intelligence and Applications Program shall remain available intelligence-related activities of the United THE DIRECTOR OF CENTRAL INTEL- until September 30, 1999. LIGENCE. States Government, the Community Man- (b) AUTHORIZED PERSONNEL LEVELS.—The ele- Subsection (e) of section 102 of the National agement Account, and the Central Intel- ments within the Community Management Ac- Security Act of 1947 (50 U.S.C. 403) is amended ligence Agency Retirement and Disability count of the Director of Central Intelligence are by adding at the end the following new para- System, and for other purposes’’, do pass authorized a total of 313 full-time personnel as graph: with the following amendment: of September 30, 1998. Such personnel may be ‘‘(4) The Office of the Director of Central In- Strike all after the enacting clause and in- permanent employees of the Community Man- telligence shall, for administrative purposes, be sert the following: agement Account elements or personnel detailed within the Central Intelligence Agency.’’. SECTION 1. SHORT TITLE. from other elements of the United States Gov- SEC. 304. DETAIL OF INTELLIGENCE COMMUNITY This Act may be cited as the ‘‘Intelligence Au- ernment. PERSONNEL—INTELLIGENCE COM- thorization Act for Fiscal Year 1998’’. (c) CLASSIFIED AUTHORIZATIONS.—In addition MUNITY ASSIGNMENT PROGRAM. TITLE I—INTELLIGENCE ACTIVITIES to amounts authorized to be appropriated by (a) IN GENERAL.—Title I of the National Secu- SEC. 101. AUTHORIZATION OF APPROPRIATIONS. subsection (a) and the personnel authorized by rity Act of 1947 (50 U.S.C. 401 et seq.) is amend- Funds are hereby authorized to be appro- subsection (b)— ed by adding at the end the following new sec- priated for fiscal year 1998 for the conduct of (1) there is authorized to be appropriated for tion: the intelligence and intelligence-related activi- fiscal year 1998 such amounts, and ‘‘DETAIL OF INTELLIGENCE COMMUNITY PER- ties of the following elements of the United (2) there is authorized such personnel as of SONNEL—INTELLIGENCE COMMUNITY ASSIGN- States Government: September 30, 1998, MENT PROGRAM (1) The Central Intelligence Agency. for the Community Management Account, as are ‘‘SEC. 113. (a) DETAIL.—(1) Notwithstanding (2) The Department of Defense. specified in the classified Schedule of Author- any other provision of law, the head of a de- (3) The Defense Intelligence Agency. izations referred to in section 102(a). partment with an element in the intelligence (4) The National Security Agency. (d) REIMBURSEMENT.—Except as provided in community or the head of an intelligence com- (5) The Department of the Army, the Depart- section 113 of the National Security Act of 1947 munity agency or element may detail any em- ment of the Navy, and the Department of the (as added by section 304 of this Act), during fis- ployee within that department, agency, or ele- Air Force. cal year 1998 any officer or employee of the ment to serve in any position in the Intelligence

VerDate Mar 15 2010 22:18 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 6333 E:\1997SENATE\S21JY7.REC S21JY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY July 21, 1997 CONGRESSIONAL RECORD — SENATE S7781 Community Assignment Program on a reimburs- affixed a fraudulent label bearing a ‘‘Made in (5) by inserting after paragraph (6) the fol- able or a nonreimbursable basis. America’’ inscription, or any inscription with lowing new paragraph: ‘‘(2) Nonreimbursable details may be for such the same meaning, to any product sold in or ‘‘(7) Notwithstanding section 1341(a)(1) of title periods as are agreed to between the heads of shipped to the United States that was not made 31, United States Code, enter into multiyear the parent and host agencies, up to a maximum in the United States, such person shall be ineli- leases for up to 15 years that are not otherwise of three years, except that such details may be gible to receive any contract or subcontract authorized pursuant to section 8 of this Act.’’; extended for a period not to exceed 1 year when made with funds provided pursuant to this Act, and the heads of the parent and host agencies deter- pursuant to the debarment, suspension, and in- (6) by inserting at the end the following new mine that such extension is in the public inter- eligibility procedures described in sections 9.400 subsection: est. through 9.409 of title 48, Code of Federal Regu- ‘‘(b)(1) The authority to enter into a multiyear ‘‘(b) BENEFITS, ALLOWANCES, TRAVEL, INCEN- lations. lease under subsection (a)(7) shall be subject to TIVES.—An employee detailed under subsection SEC. 309. REPORT ON INTELLIGENCE ACTIVITIES appropriations provided in advance for (A) the (a) may be authorized any benefit, allowance, OF THE PEOPLE’S REPUBLIC OF entire lease, or (B) the first 12 months of the travel, or incentive otherwise provided to en- CHINA. lease and the Government’s estimated termi- hance staffing by the organization from which (a) REPORT TO CONGRESS.—Not later than 1 nation liability. they are being detailed. year after the date of the enactment of this Act ‘‘(2) In the case of any such lease entered into ‘‘(c) ANNUAL REPORT.—(1) Not later than and annually thereafter, the Director of Central under clause (B) of paragraph (1)— March 1 of each year, the Director of the Cen- Intelligence and the Director of the Federal Bu- ‘‘(A) such lease shall include a clause that tral Intelligence Agency shall submit to the Per- reau of Investigation, jointly, in consultation provides that the contract shall be terminated if manent Select Committee on Intelligence of the with the heads of other appropriate Federal budget authority (as defined by section 3(2) of House of Representatives and the Select Com- agencies, including the National Security Agen- the Congressional Budget and Impoundment mittee on Intelligence of the Senate a report de- cy, and the Departments of Defense, Justice, Control Act of 1974 (2 U.S.C. 622(2))) is not pro- scribing the detail of intelligence community Treasury, and State, shall prepare and transmit vided specifically for that project in an appro- personnel pursuant to subsection (a) for the pre- to the Congress a report on intelligence activi- priations Act in advance of an obligation of vious 12–month period, including the number of ties of the People’s Republic of China, directed funds in respect thereto; employees detailed, the identity of parent and against or affecting the interests of the United ‘‘(B) notwithstanding section 1552 of title 31, host agencies or elements, and an analysis of States. United States Code, amounts obligated for pay- the benefits of the program. (b) DELIVERY OF REPORT.—The Director of ing termination costs in respect of such lease ‘‘(2) The Director shall submit the first of such Central Intelligence and the Director of the Fed- shall remain available until the costs associated reports not later than March 1, 1999. eral Bureau of Investigation, jointly, shall with termination of such lease are paid; ‘‘(C) funds available for termination liability ‘‘(d) TERMINATION.—The authority to make transmit classified and unclassified versions of details under this section terminates on Sep- the report to the Speaker and minority leader of shall remain available to satisfy rental obliga- tember 30, 2002.’’. the House of Representatives, the majority and tions in respect of such lease in subsequent fis- cal years in the event such lease is not termi- (b) TECHNICAL AMENDMENT.—Sections 120, minority leaders of the Senate, the Chairman 121, and 110 of the National Security Act of 1947 and Ranking Member of the Permanent Select nated early, but only to the extent those funds are hereby redesignated as sections 110, 111, and Committee on Intelligence of the House of Rep- are in excess of the amount of termination li- 112, respectively. resentatives, and the Chairman and Vice-Chair- ability in that subsequent year; and ‘‘(D) annual funds made available in any fis- (c) CLERICAL AMENDMENT.—The table of con- man of the Select Committee on Intelligence of cal year may be used to make payments on such tents contained in the first section of such Act the Senate. lease for a maximum of 12 months beginning any is amended by striking the items relating to sec- (c) CONTENTS OF REPORT.—Each report under time during the fiscal year.’’. tions 120, 121, and 110 and inserting the fol- subsection (a) shall include information con- (b) EFFECTIVE DATE.—The amendment made cerning the following: lowing: by subsection (a) applies with respect to (1) Political, military, and economic espio- ‘‘Sec. 110. National mission of National Imagery multiyear leases entered into pursuant to sec- and Mapping Agency. nage. (2) Intelligence activities designed to gain po- tion 5 of the Central Intelligence Agency Act of ‘‘Sec. 111. Collection tasking authority. 1949, as amended by subsection (a), on or after ‘‘Sec. 112. Restrictions on intelligence sharing litical influence, including activities undertaken or coordinated by the United Front Works De- October 1, 1997. with the United Nations. SEC. 402. CIA CENTRAL SERVICES PROGRAM. ‘‘Sec. 113. Detail of intelligence community per- partment of the Chinese Communist Party. (3) Efforts to gain direct or indirect influence The Central Intelligence Agency Act of 1949 sonnel—intelligence community (50 U.S.C. 403a et seq.) is amended by adding at assignment program.’’. through commercial or noncommercial inter- mediaries subject to control by the People’s Re- the end the following new section: (d) EFFECTIVE DATE.—The amendment made public of China, including enterprises controlled ‘‘CENTRAL SERVICES PROGRAM by subsection (a) of this section shall apply to by the People’s Liberation Army. ‘‘SEC. 21. (a) ESTABLISHMENT.—The Director an employee on detail on or after January 1, (4) Disinformation and press manipulation by may— 1997. the People’s Republic of China with respect to ‘‘(1) establish a program to provide the central SEC. 305. APPLICATION OF SANCTIONS LAWS TO the United States, including activities under- services described in subsection (b)(2); and INTELLIGENCE ACTIVITIES. taken or coordinated by the United Front Works ‘‘(2) make transfers to and expenditures from Section 905 of the National Security Act of Department of the Chinese Communist Party. the working capital fund established under sub- 1947 (50 U.S.C. 441d) is amended by striking SEC. 310. REVIEW OF THE PRESENCE OF CHEM- section (b)(1). ‘‘1998’’ and inserting ‘‘1999’’. ICAL WEAPONS IN THE PERSIAN ‘‘(b) ESTABLISHMENT AND PURPOSES OF CEN- SEC. 306. COMPLIANCE WITH BUY AMERICAN ACT. GULF THEATER. TRAL SERVICES WORKING CAPITAL FUND.—(1) No funds appropriated pursuant to this Act The Inspector General of the Central Intel- There is established a central services working may be expended by an entity unless the entity ligence Agency shall conduct a review to deter- capital fund. The Fund shall be available until agrees that in expending the assistance the enti- mine what knowledge the Central Intelligence expended for the purposes described in para- ty will comply with sections 2 through 4 of the Agency had about the presence or use of chem- graph (2), subject to subsection (j). Act of March 3, 1933 (41 U.S.C. 10a–10c, popu- ical weapons in the Persian Gulf Theater during ‘‘(2) The purposes of the Fund are to pay for larly known as the ‘‘Buy American Act’’). the course of the Persian Gulf War. The Inspec- equipment, salaries, maintenance, operation tor General shall submit a report of his findings and other expenses for such services as the Di- SEC. 307. SENSE OF CONGRESS; REQUIREMENT rector, subject to paragraph (3), determines to be REGARDING NOTICE. to the House Permanent Select Committee on In- central services that are appropriate and advan- (a) PURCHASE OF AMERICAN-MADE EQUIPMENT telligence and the Senate Select Committee on tageous to provide to the Agency or to other AND PRODUCTS.—In the case of any equipment Intelligence, no later than August 15, 1998 in Federal agencies on a reimbursable basis. or products that may be authorized to be pur- both classified and unclassified form. The un- ‘‘(3) The determination and provision of cen- chased with financial assistance provided under classified form shall also be made available to tral services by the Director of Central Intel- this Act, it is the sense of the Congress that en- the public. ligence under paragraph (2) shall be subject to tities receiving such assistance should, in ex- TITLE IV—CENTRAL INTELLIGENCE the prior approval of the Director of the Office pending the assistance, purchase only Amer- AGENCY of Management and Budget. ican-made equipment and products. SEC. 401. MULTIYEAR LEASING AUTHORITY. ‘‘(c) ASSETS IN FUND.—The Fund shall consist (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In (a) IN GENERAL.—Section 5 of the Central In- of money and assets, as follows: providing financial assistance under this Act, telligence Agency Act of 1949 is amended— ‘‘(1) Amounts appropriated to the Fund for its the head of the appropriate element of the Intel- (1) by redesignating paragraphs (a) through initial monetary capitalization. ligence Community shall provide to each recipi- (f) as paragraphs (1) through (6), respectively; ‘‘(2) Appropriations available to the Agency ent of the assistance a notice describing the (2) by inserting ‘‘(a)’’ after ‘‘SEC. 5.’’; under law for the purpose of supplementing the statement made in subsection (a) by the Con- (3) by striking ‘‘and’’ at the end of paragraph Fund. gress. (5), as so redesignated; ‘‘(3) Such inventories, equipment, and other SEC. 308. PROHIBITION OF CONTRACTS. (4) by striking the period at the end of para- assets, including inventories and equipment on If it has been finally determined by a court or graph (6), as so redesignated, and inserting ‘‘; order, pertaining to the services to be carried on Federal agency that any person intentionally and’’; by the central services program.

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‘‘(4) Such other funds as the Director is au- ‘‘(j) TERMINATION.—(1) The Fund shall termi- ommendation by the faculty of the college, con- thorized to transfer to the Fund. nate on March 31, 2000, unless otherwise reau- fer upon a graduate of the college who has ful- ‘‘(d) LIMITATIONS.—(1) The total value of or- thorized by an Act of Congress prior to that filled the requirements for the degree the fol- ders for services described in subsection (b)(2) date. lowing: from the central services program at any time ‘‘(2) Subject to paragraph (1) and after pro- ‘‘(1) The degree of Master of Science of Stra- shall not exceed an annual amount approved in viding notice to the Permanent Select Committee tegic Intelligence (MSSI). advance by the Director of the Office of Man- on Intelligence of the House of Representatives ‘‘(2) The degree of Bachelor of Science in In- agement and Budget. and the Select Committee on Intelligence of the telligence (BSI).’’. ‘‘(2) No goods or services may be provided to Senate, the Director of Central Intelligence and (b) CLERICAL AMENDMENT.—The item relating any non-Federal entity by the central services the Director of the Office of Management and to that section in the table of sections at the be- program. Budget— ginning of chapter 108 of such title is amended ‘‘(e) REIMBURSEMENTS TO FUND.—Notwith- ‘‘(A) may terminate the central services pro- to read as follows: standing any other provision of law, the Fund gram and the Fund at any time; and ‘‘2161. Joint Military Intelligence College: aca- shall be— ‘‘(B) upon any such termination, shall pro- ‘‘(1) reimbursed, or credited with advance demic degrees.’’. vide for dispositions of personnel, assets, liabil- SEC. 502. UNAUTHORIZED USE OF NAME, INI- payments, from applicable appropriations and ities, grants, contracts, property, records, and funds of the Agency, other Intelligence Commu- TIALS, OR SEAL OF NATIONAL RE- unexpended balances of appropriations, author- CONNAISSANCE OFFICE. nity agencies, or other Federal agencies, for the izations, allocations, and other funds held, (a) EXTENSION, REORGANIZATION, AND CON- central services performed by the central serv- used, arising from, available to, or to be made SOLIDATION OF AUTHORITIES.—Subchapter I of ices program, at rates that will recover the full available in connection with such Fund, as may chapter 21 of title 10, United States Code, is cost of operations paid for from the Fund, in- be necessary.’’. amended by adding at the end the following cluding accrual of annual leave, workers’ com- pensation, depreciation of capitalized plant and SEC. 403. PROTECTION OF CIA FACILITIES. new section: equipment, and amortization of automated data Subsection (a) of section 15 of the Central In- ‘‘§ 425. Prohibition of unauthorized use of processing software; and telligence Agency Act of 1949 (50 U.S.C. 403o(a)) name, initials, or seal: specified intelligence ‘‘(2) if applicable credited with the receipts is amended— agencies (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; from sale or exchange of property, including ‘‘(a) PROHIBITION.—Except with the written (2) by striking ‘‘powers only within Agency any real property, or in payment for loss or permission of the Secretary of Defense, no per- installations,’’ and all that follows through the damage to property, held by the central services son may knowingly use, in connection with any end, and inserting the following: ‘‘powers— program as assets of the Fund. merchandise, retail product, impersonation, so- ‘‘(A) within the Agency Headquarters Com- ‘‘(f) RETENTION OF PORTION OF FUND IN- licitation, or commercial activity in a manner pound and the property controlled and occupied COME.—(1) The Director may impose a fee for reasonably calculated to convey the impression by the Federal Highway Administration located central services provided from the Fund. The fee that such use is approved, endorsed, or author- immediately adjacent to such Compound and in for any item or service provided under the cen- ized by the Secretary of Defense, any of the fol- the streets, sidewalks, and the open areas with- tral services program may not exceed four per- lowing (or any colorable imitation thereof): in the zone beginning at the outside boundary cent of the cost of such item or service. ‘‘(1) The words ‘Defense Intelligence Agency’, of such Compound and property and extending ‘‘(2) As needed for the continued self-sus- the initials ‘DIA’, or the seal of the Defense In- outward 500 feet; and taining operation of the Fund, an amount not telligence Agency. ‘‘(B) within any other Agency installation to exceed four percent of the net receipts of the ‘‘(2) The words ‘National Reconnaissance Of- and in the streets, sidewalks, and open areas Fund in fiscal year 1998 and each fiscal year fice’, the initials ‘NRO’, or the seal of the Na- within the zone beginning at the outside bound- thereafter may be retained, subject to subsection tional Reconnaissance Office. (j), for the acquisition of capital equipment and ary of any such installation and extending out- ‘‘(3) The words ‘National Imagery and Map- for the improvement and implementation of the ward 500 feet.’’; and ping Agency’, the initials ‘NIMA’, or the seal of (3) by adding at the end the following new Agency’s information management systems (in- the National Imagery and Mapping Agency. cluding financial management, payroll, and paragraphs: ‘‘(4) The words ‘Defense Mapping Agency’, ‘‘(2) The performance of functions and exer- personnel information systems). Any proposed the initials ‘DMA’, or the seal of the Defense cise of powers under paragraph (1) shall be lim- use of the retained income in fiscal years 1998, Mapping Agency.’’. ited to those circumstances where such per- 1999, and 2000, shall only be made with the ap- (b) TRANSFER OF ENFORCEMENT AUTHORITY.— proval of the Director of the Office of Manage- sonnel can identify specific and articulable facts Subsection (b) of section 202 of title 10, United ment and Budget and after notification to the giving such personnel reason to believe that States Code, is transferred to the end of section Permanent Select Committee on Intelligence of their performance of such functions and exercise 425 of such title, as added by subsection (a), and of such powers is reasonable to protect against the House of Representatives and the Select is amended by inserting ‘‘AUTHORITY TO ENJOIN physical attack or threats of attack upon the Committee on Intelligence of the Senate. VIOLATIONS.—’’ after ‘‘(b)’’. ‘‘(3) Not later than 30 days after the close of Agency installations, property, or employees. (c) REPEAL OF REORGANIZED PROVISIONS.— each fiscal year, amounts in excess of the ‘‘(3) Nothing in this subsection shall be con- Sections 202 and 445 of title 10, United States amount retained under paragraph (2) shall be strued to preclude, or limit in any way, the au- Code, are repealed. transferred to the United States Treasury. thority of any Federal, State, or local law en- (d) CLERICAL AMENDMENTS.— ‘‘(g) AUDIT.—(1) The Inspector General of the forcement agency or of any other Federal police (1) The table of sections at the beginning of Central Intelligence Agency shall conduct and or Federal protective service. subchapter II of chapter 8 of title 10, United complete an audit of the Fund within three ‘‘(4) The rules and regulations enforced by States Code, is amended by striking out the item months after the close of each fiscal year. The such personnel shall be the rules and regula- relating to section 202. Director of the Office of Management and tions promulgated by the Director and shall (2) The table of sections at the beginning of Budget shall determine the form and content of only be applicable to the areas referred to in subchapter I of chapter 21 of title 10, United the audit, which shall include at least an paragraph (1). States Code, is amended by striking out the itemized accounting of the central services pro- ‘‘(5) On December 1, 1998, and annually there- items relating to sections 424 and 425 and insert- vided, the cost of each service, the total receipts after, the Director shall submit a report to the ing in lieu thereof the following: Permanent Select Committee on Intelligence of received, the agencies or departments serviced, ‘‘424. Disclosure of organizational and per- and the amount returned to the United States the House of Representatives and the Select Committee on Intelligence of the Senate that de- sonnel information: exemption for Treasury. Defense Intelligence Agency, Na- ‘‘(2) Not later than 30 days after the comple- scribes in detail the exercise of the authority tional Reconnaissance Office, and tion of the audit, the Inspector General shall granted by this subsection, and the underlying National Imagery and Mapping submit a copy of the audit to the Director of the facts supporting the exercise of such authority, Agency. Office of Management and Budget, the Director during the preceding fiscal year. The Director ‘‘425. Prohibition of unauthorized use of name, of Central Intelligence, the Permanent Select shall make such report available to the Inspec- initials, or seal: specified intel- Committee on Intelligence of the House of Rep- tor General of the Agency.’’. ligence agencies.’’. resentatives and the Select Committee on Intel- TITLE V—DEPARTMENT OF DEFENSE (3) The table of sections at the beginning of ligence of the Senate. INTELLIGENCE ACTIVITIES ‘‘(h) DEFINITIONS.—For purposes of this sec- subchapter I of chapter 22 of title 10, United SEC. 501. AUTHORITY TO AWARD ACADEMIC DE- tion— States Code, is amended by striking out the item GREE OF BACHELOR OF SCIENCE IN relating to section 445. ‘‘(1) the term ‘central services program’ means INTELLIGENCE. SEC. 503. EXTENSION OF AUTHORITY FOR EN- the program established under subsection (a); (a) AUTHORITY FOR NEW BACHELOR’S DE- HANCEMENT OF CAPABILITIES OF and GREE.—Section 2161 of title 10, United States ‘‘(2) the term ‘Fund’ means the central serv- CERTAIN ARMY FACILITIES. Code, is amended to read as follows: ices working capital fund established under sub- Effective October 1, 1997, section 506(b) of the section (b)(1). ‘‘§ 2161. Joint Military Intelligence College: Intelligence Authorization Act for Fiscal Year ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— academic degrees 1996 (Public Law 104–93; 109 Stat. 974) is amend- There is authorized to be appropriated to the ‘‘Under regulations prescribed by the Sec- ed by striking out ‘‘fiscal years 1996 and 1997’’ Fund $5,000,000 for the purposes specified in retary of Defense, the president of the Joint and inserting in lieu thereof ‘‘fiscal years 1998 subsection (b)(2). Military Intelligence College may, upon rec- and 1999’’.

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TITLE VI—MISCELLANEOUS COMMUNITY (b) DEFINITIONS.—For purposes of this section: programs with respect to program management, PROGRAM ADJUSTMENTS (1) The term ‘‘intelligence community’’ has the for research, development, test, and evaluation, SEC. 601. COORDINATION OF ARMED FORCES IN- meaning given that term in section 3 of the Na- for acquisition, and for operations and related FORMATION SECURITY PROGRAMS. tional Security Act of 1947 (50 U.S.C. 401a). line management remain with the respective Sec- (a) PROGRAM EXECUTION COORDINATION.—The (2) The term ‘‘congressional budget justifica- retaries of the military departments. Secretary of a military department or the head tion books’’ means the budget justification mate- (4) Any function transferred to the Defense of a defense agency may not obligate or expend rials submitted to Congress for any fiscal year in Intelligence Agency under this subsection is funds for any information security program of support of the budget for that fiscal year for subject to the authority, direction, and control that military department without the concur- any element of the intelligence community (as of the Secretary of Defense. rence of the Director of the National Security contained in the budget of the President sub- (c) REPORT.—(1) Not later than 90 days after Agency. mitted to Congress for that fiscal year pursuant the date of the enactment of this Act, the Sec- (b) EFFECTIVE DATE.—This section takes effect to section 1105 of title 31, United States Code). retary of Defense shall submit to the committees on October 1, 1997. (c) EFFECTIVE DATE.—Subsection (a) shall named in paragraph (2) a report containing the SEC. 602. AUTHORITY OF EXECUTIVE AGENT OF take effect with respect to fiscal year 1999. Secretary’s plan for terminating the Defense INTEGRATED BROADCAST SERVICE. SEC. 606. COORDINATION OF AIR FORCE JOINT Airborne Reconnaissance Office and transfer- All amounts appropriated for any fiscal year SIGINT PROGRAM OFFICE ACTIVI- ring the functions of that office. for intelligence information data broadcast sys- TIES WITH OTHER MILITARY DE- (2) The committees referred to in paragraph tems may be obligated or expended by an intel- PARTMENTS. (1) are— (a) CONTRACTS.—The Secretary of the Air ligence element of the Department of Defense (A) the Committee on Armed Services and the Force, acting through the Air Force Joint Air- only with the concurrence of the official in the Select Committee on Intelligence of the Senate; borne Signals Intelligence Program Office, may Department of Defense designated as the execu- and not modify, amend, or alter a JSAF program tive agent of the Integrated Broadcast Service. (B) the Permanent Select Committee on Intel- contract without coordinating with the Sec- ligence and the Committee on National Security SEC. 603. PREDATOR UNMANNED AERIAL VEHI- retary of any other military department that CLE. of the House of Representatives. would be affected by the modification, amend- (a) TRANSFER OF FUNCTIONS.—Effective Octo- (d) EFFECTIVE DATE.—Subsection (a) shall ber 1, 1997, the functions described in subsection ment, or alteration. take effect at the end of the 120-day period be- (b) NEW DEVELOPMENTS AFFECTING OPER- (b) with respect to the Predator Unmanned Aer- ginning on the date of the enactment of this ATIONAL MILITARY REQUIREMENTS.—(1) The ial Vehicle are transferred to the Secretary of Act. Secretary of the Air Force, acting through the the Air Force. Air Force Joint Airborne Signals Intelligence Mr. BOND. Madam President, I ask (b) FUNCTIONS TO BE TRANSFERRED.—Sub- unanimous consent that the Senate section (a) applies to those functions performed Program Office, may not enter into a contract as of June 1, 1997, by the organization within described in paragraph (2) without coordinating disagree with the amendment of the the Department of Defense known as the Un- with the Secretary of the military department House, agree to the request for a con- manned Aerial Joint Program Office with re- concerned. ference, and, further, that the Chair be (2) Paragraph (1) applies to a contract for de- spect to the Predator Unmanned Aerial Vehicle. authorized to appoint conferees on the velopment relating to a JSAF program that may (c) TRANSFER OF FUNDS.—Effective October 1, part of the Senate. 1997, all unexpended funds appropriated for the directly affect the operational requirements of one of the Armed Forces (other than the Air The PRESIDING OFFICER. Without Predator Unmanned Aerial Vehicle that are objection, it is so ordered. within the Defense-Wide Program Element num- Force) for the satisfaction of intelligence re- ber 0305205D are transferred to Air Force Pro- quirements. The PRESIDING OFFICER (Mrs. (c) JSAF PROGRAM DEFINED.—For purposes of gram Element number 0305154F. HUTCHISON) appointed Mr. SHELBY, Mr. this section, the term ‘‘JSAF program’’ means a SEC. 604. U–2 SENSOR PROGRAM. CHAFEE, Mr. LUGAR, Mr. DEWINE, Mr. program within the Joint Signals Intelligence KYL, Mr. INHOFE, Mr. HATCH, Mr. ROB- (a) REQUIREMENT FOR MINIMUM NUMBER OF Avionics Family of programs administered by ERTS, Mr. ALLARD, Mr. COATS, Mr. AIRCRAFT.—The Secretary of Defense shall en- the Air Force Joint Airborne Signals Intelligence sure— Program Office. KERREY, Mr. GLENN, Mr. BRYAN, Mr. (1) that not less than 11 U–2 reconnaissance (d) EFFECTIVE DATE.—This section takes ef- GRAHAM, Mr. KERRY, Mr. BAUCUS, Mr. aircraft are equipped with RAS–1 sensor suites; fect on October 1, 1997. ROBB, Mr. LAUTENBERG, and Mr. LEVIN; and (2) that each such aircraft that is so equipped SEC. 607. DISCONTINUATION OF THE DEFENSE and from the Committee on Armed SPACE RECONNAISSANCE PROGRAM. is maintained in a manner necessary to counter Services, Mr. THURMOND, conferees on Not later than October 1, 1999, the Secretary available threat technologies until the aircraft is the part of the Senate. of Defense shall— retired or until a successor sensor suite is devel- (1) discontinue the Defense Space Reconnais- f oped and fielded. sance Program (a program within the Joint Mili- (b) EFFECTIVE DATE.—Subsection (a) takes ef- tary Intelligence Program); and ORDERS FOR TUESDAY, JULY 22, fect on October 1, 1997. (2) close the organization within the Depart- 1997 SEC. 605. REQUIREMENTS RELATING TO CON- ment of Defense known as the Defense Space GRESSIONAL BUDGET JUSTIFICA- Mr. BOND. Madam President, I ask Program Office (the management office for that TION BOOKS. unanimous consent that when the Sen- program). (a) IN GENERAL.—The congressional budget ate completes its business today, it justification books for any element of the intel- SEC. 608. TERMINATION OF DEFENSE AIRBORNE stand in adjournment until the hour of ligence community submitted to Congress in sup- RECONNAISSANCE OFFICE. (a) TERMINATION OF OFFICE.—The organiza- 9:45 a.m. on Tuesday, July 22. I further port of the budget of the President for any fiscal ask that on Tuesday, immediately fol- year shall include, at a minimum, the following: tion within the Department of Defense known (1) For each program for which appropria- as the Defense Airborne Reconnaissance Office lowing the prayer, the routine requests tions are requested for that element of the intel- is terminated. No funds available for the De- through the morning business hour be ligence community in that budget— partment of Defense may be used for the oper- granted, and at 9:50 a.m. the Senate re- (A) specification of the program, including the ation of that Office after the date specified in sume consideration of S. 1023, the program element number for the program; subsection (d). Treasury, general governmental appro- (b) TRANSFER OF FUNCTIONS.—(1) Subject to (B) the specific dollar amount requested for priations bill with 10 minutes of debate the program; paragraphs (3) and (4), the Secretary of Defense (C) the appropriation account within which shall transfer to the Defense Intelligence Agen- equally divided in the usual form be- funding for the program is placed; cy those functions performed on the day before tween Senator CAMPBELL and Senator (D) the budget line item that applies to the the date of the enactment this Act by the De- KOHL. program; fense Airborne Reconnaissance Office that are The PRESIDING OFFICER. Without (E) specification of whether the program is a specified in paragraph (2). objection, it is so ordered. research and development program or otherwise (2) The functions transferred by the Secretary Mr. BOND. I also ask unanimous con- to the Defense Intelligence Agency under para- involves research and development; sent that from 12:30 p.m. to 2:15 p.m. (F) identification of the total cost for the pro- graph (1) shall include functions of the Defense gram; and Airborne Reconnaissance Office relating to its the Senate recess for the weekly policy (G) information relating to all direct and asso- responsibilities for management oversight and luncheons to meet. ciated costs in each appropriations account for coordination of defense airborne reconnaissance The PRESIDING OFFICER. Without the program. capabilities (other than any responsibilities for objection, it is so ordered. (2) A detailed accounting of all reprogram- acquisition of systems). ming or reallocation actions and the status of (3) The Secretary shall determine which spe- f those actions at the time of submission of those cific functions are appropriate for transfer PROGRAM materials. under paragraph (1). In making that determina- (3) Information relating to any unallocated tion, the Secretary shall ensure that responsi- Mr. BOND. Madam President, for the cuts or taxes. bility for individual airborne reconnaissance information of all Members, tomorrow

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GOVERNMENT OFFICIALS train vigorously and stand shoulder-to-shoul- Now, how does Mrs. Sherman fit into all AWARENESS DAY der with their active duty counterparts in order this? Easy. For 40 years now, she has played to be ready to meet the Nation's call at a mo- an active role in helping others to expand their HON. DAVID E. BONIOR ments notice. minds, be it a child forming his or her sen- OF MICHIGAN Our Reserve forces will play an even great- tences, or a business owner researching the IN THE HOUSE OF REPRESENTATIVES er and more diverse role in the times ahead. latest trends and technologies that might allow It is through the vital support of America's their business to expand and put someone Monday, July 21, 1997 Government officials that the Reserves will be else to work. Mr. BONIOR. Mr. Speaker, in the Tenth able to bolster the Nation's security. During her tenure, Carolyn has guided the Congressional District of Michigan, which I August 8, 1997, should be remembered as library through many changes. She expanded have the privilege to represent, the personnel Michigan Government Officials Day. I urge my the hours from 12 to the present 22 hours per at Selfridge Air National Guard Base have colleagues to continue their support and ex- week. She founded the book selection com- served in the defense of the United States for press their gratitude to the men and women of mittee, a version of which remains today for over 80 years. our Michigan Reserve forces. the selection of children's books. She insti- Selfridge is one of the Nation's oldest and f most historic military installations. It is named tuted Children's Story Hour in 1959 soon fol- after Lt. Thomas Etholen Selfridge. Lieutenant A TRIBUTE TO CAROLYN lowed by a special children's corner of the li- Selfridge was the first military officer to pilot a SHERMAN brary. In 1961, under her leadership, the li- heavier-than-air, engine-driven aircraft. While brary joined the Upper Hudson Library Sys- flying with Orville Wright on September 17, HON. GERALD B.H. SOLOMON tem, a State-sponsored service for small li- braries which allows for interlibrary loans and 1908, Lieutenant Selfridge, unfortunately, be- OF NEW YORK a variety of other services. Carolyn founded came the first officer to meet his death in pow- IN THE HOUSE OF REPRESENTATIVES ered flight. Wright survived only after a lengthy the Friends of the Library, a volunteer auxiliary Monday, July 21, 1997 stay in the hospital. group which supports library events including Pilots began training at Selfridge Field only Mr. SOLOMON. Mr. Speaker, every now fund raising activities. 2 weeks after it was activated as a military in- and then in my position as a Congressman, I In the 1970's, after several years of plan- stallation in 1917. This was just 3 months after have the privilege of honoring those people ning and labor, Carolyn coordinated the ex- the United States entered World War I. In out there whose performance day in and day pansion of the physical facility. Through out- 1947, when the Air Force became a separate out improves the quality of life for an entire standing community support, the project was service, Selfridge Field became Selfridge Air neighborhood or school or community. I call completed without encumbering debt. Force Base. It had grown from a 640-acre these people our ``silent heroes.'' That's be- In 1982, Carolyn received the Marian leased parcel of land to a permanent 3,600- cause they do their job without remiss and all Mosher Award for Library of the Year in New acre base. too often without the accolades they deserve. York State. This award is given to an out- In 1971 the base was transferred to the Mr. Speaker, I'd like to bring your attention standing small community librarian. As you Michigan Air National Guard and received its to one such hero today, Mrs. Carolyn Sher- know, Mr. Speaker, organizing and directing current name. It is the home of many diversi- man of Nassau, NY, in my congressional dis- such a rapid and enormous change can be fied units. Team Selfridge takes pride in being trict. She has been a faithful employee of the both exhilarating and frustrating. But she had the only Reserve forces base to have perma- Nassau Free Library for 40 years now and has a vision of a facility that would better serve all nently assigned units from all five of the uni- done more than her share in making the Nas- aspects of her community and the persistence formed services: Air Force (Air National Guard sau area of New York a great place to live to carry it through. Now that's what it takes to & Air Force Reserve), Army, Navy, Marine and raise a family. get the job done. Corps, and Coast Guard. I say that because what could be more criti- The Team Selfridge community paid tribute cal to any community and especially its young Mr. Speaker, I have always been one to to the Government officials who support people, than a library. And there's something judge people based on what they return to Selfridge Air National Guard base. Selfridge even more special about a public library that their community. By that measure, Carolyn had depended on the flexibility and support of just seems so American. It embodies the free Sherman is a truly great American. I ask you Government officials since 1917. exchange of ideas and intellectual freedom Mr. Speaker, and all Members of the House to Reserve forces comprise more than half of that has allowed this country to thrive and has rise with me now in tribute to her and her out- our Nation's defense capability and are essen- been the beacon drawing millions from distant standing record of public service. She has cer- tial to national security. These citizen-soldiers lands throughout our history. tainly earned it.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E1460 CONGRESSIONAL RECORD — Extensions of Remarks July 21, 1997 SENATE COMMITTEE MEETINGS tee’s special investigation on campaign designated lands within Plumas, financing. Lassen, and Tahoe National Forests in Title IV of Senate Resolution 4, SH–216 California to demonstrate the effec- agreed to by the Senate on February 4, Judiciary tiveness of the resource management 1977, calls for establishment of a sys- To hold hearings on proposed legislation activities proposed by the Quincy Li- tem for a computerized schedule of all to authorize funds for the Office of Na- brary Group and to amend current land meetings and hearings of Senate com- tional Drug Control Policy. and resource management plans for mittees, subcommittees, joint commit- SD–226 these national forests to consider the tees, and committees of conference. 2:00 p.m. incorporation of these resource man- This title requires all such committees Judiciary agement activities. Business meeting, to notify the Office of the Senate Daily SD–366 To resume markup of S. 10, to reduce vio- Foreign Relations Digest—designated by the Rules Com- lent juvenile crime, promote account- To hold hearings on the nominations of mittee—of the time, place, and purpose ability by juvenile criminals, and pun- David Andrews, of California, to be of the meetings, when scheduled, and ish and deter violent gang crime, and Legal Adviser, Bonnie R. Cohen, of the any cancellations or changes in the to mark up S. 53, to require the general District of Columbia, to be Under Sec- meetings as they occur. application of the antitrust laws to retary for Management, Edward Wil- As an additional procedure along major league baseball. liam Gnehm, Jr., of Georgia, to be Di- with the computerization of this infor- SD–226 rector General of the Foreign Service, 4:00 p.m. and James P. Rubin, of New York, to mation, the Office of the Senate Daily Conferees on H.R. 1757, to consolidate Digest will prepare this information for be Assistant Secretary for Public Af- international affairs agencies and to fairs, all of the Department of State. printing in the Extensions of Remarks authorize appropriations for the De- SD–419 section of the CONGRESSIONAL RECORD partment of State and related agencies Governmental Affairs on Monday and Wednesday of each for the fiscal years 1998 and 1999. H-140, To continue hearings to examine certain week. Capitol matters with regard to the commit- Meetings scheduled for Tuesday, July tee’s special investigation on campaign 22, 1997, may be found in the Daily Di- JULY 24 financing. gest of today’s RECORD. 9:00 a.m. SH–216 Judiciary Labor and Human Resources MEETINGS SCHEDULED Business meeting, to resume markup of To hold hearings on proposed legislation S. 10, to reduce violent juvenile crime, authorizing funds for programs of the promote accountability by juvenile Higher Education Act, focusing on title JULY 23 criminals, and punish and deter violent IV. 9:00 a.m. gang crime, and to mark up S. 53, to re- SD–430 Agriculture, Nutrition, and Forestry quire the general application of the 11:00 a.m. To hold hearings on the nominations of antitrust laws to major league base- Foreign Relations Catherine E. Woteki, of the District of ball. To hold hearings on the nomination of Columbia, to be Under Secretary of Ag- SD–226 George Munoz, of Illinois, to be Presi- riculture for Food Safety, and Shirley 9:30 a.m. dent of the Overseas Private Invest- Robinson Watkins, of Arkansas, to be Appropriations ment Corporation, United States Inter- Under Secretary of Agriculture for Business meeting, to mark up proposed national Development Cooperation Food, Nutrition, and Consumer Serv- legislation making appropriations for Agency. ices. the Departments of Labor, Health and SD–419 SR–332 Human Services, and Education, and 2:00 p.m. 9:30 a.m. related agencies for the fiscal year end- Energy and Natural Resources Energy and Natural Resources ing September 30, 1998. National Parks, Historic Preservation, and Business meeting, to consider pending SD–106 Recreation Subcommittee calendar business; to be followed by Armed Services To hold hearings to review the process by hearings to examine natural gas issues, To hold hearings on the nomination of which the National Park Service deter- focusing on the world energy supply John J. Hamre, of South Dakota, to be mines the suitability and feasibility of and demand to the year 2015, the role of Deputy Secretary of Defense. new areas to be added to the National government in large scale gas projects SR–222 Park System, and to examine the cri- in foreign countries, and emerging Commerce, Science, and Transportation teria used to determine national sig- technologies in gas field development To hold hearings to review a General Ac- nificance. that are making natural gas more eco- counting Office report relating to pro- SD–366 nomical to market. gram efficiencies at the National Aero- Judiciary SD–366 nautics and Space Administration Antitrust, Business Rights, and Competi- Labor and Human Resources (NASA) and the National Science tion Subcommittee Business meeting, to mark up S. 1020, Foundation (NSF). To hold hearings to examine proposals on proposed Arts and Humanities Amend- SR–253 defense consolidation, focusing on anti- ments of 1997, proposed National Environment and Public Works trust and competitions issues. Science Foundation Authorization of Business meeting, to consider the nomi- SD–226 1997, proposed Workforce Improvement nation of Jamie Rappaport Clark, of Labor and Human Resources Partnership Act, and to consider pend- Maryland, to be Director of the United Public Health and Safety Subcommittee ing nominations. States Fish and Wildlife Service. To hold hearings on proposed legislation SD–430 SD–406 10:00 a.m. 9:45 a.m. authorizing funds for the National In- Appropriations Environment and Public Works stitutes of Health, Department of District of Columbia Subcommittee Clean Air, Wetlands, Private Property, and Health and Human Services. To resume hearings on proposed budget Nuclear Safety Subcommittee SD–430 estimates for fiscal year 1998 for the To hold hearings to examine ozone and Select on Intelligence government of the District of Colum- particulate matter standards promul- To hold closed hearings on intelligence bia, focusing on the Departments of gated by the Environmental Protection matters. Health, Human Services, and Public Agency. SH–219 Works. SD–406 SD–192 10:00 a.m. JULY 25 Banking, Housing, and Urban Affairs Banking, Housing, and Urban Affairs 10:00 a.m. To hold oversight hearings on the Fed- To hold hearings to examine securities Governmental Affairs eral Reserve’s monetary policy report litigation abuses. To continue hearings to examine certain to Congress pursuant to the Full Em- SD–538 matters with regard to the commit- ployment and Balanced Growth Act of Energy and Natural Resources tee’s special investigation on campaign 1978. Forests and Public Land Management Sub- financing. SD–538 committee SH–216 Governmental Affairs To hold hearings on S. 1028 and H.R. 858, Veterans’ Affairs To resume hearings to examine certain bills to direct the Secretary of Agri- To hold hearings on pending legislation. matters with regard to the commit- culture to conduct a pilot project on SR–418 July 21, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1461 JULY 28 tee’s special investigation on campaign grams within the National Park Sys- 1:00 p.m. financing. tem. Special on Aging SH–216 SD–366 To hold hearings to examine the amount 2:30 p.m. of fraud in the home health care sys- Commerce, Science, and Transportation JULY 31 tem and ways to identify and deter To hold hearings on S. 268, to regulate 9:00 a.m. fraud, waste and abuse in health care. flights over national parks. Agriculture, Nutrition, and Forestry SD–562 SR–253 To hold hearings to examine how trade 2:00 p.m. opportunities and international agri- Judiciary JULY 30 cultural research can stimulate eco- Technology, Terrorism, and Government 9:30 a.m. nomic growth in Africa, thereby en- Information Subcommittee Energy and Natural Resources hancing African food security and in- creasing U.S. exports. To hold hearings to examine gambling on Business meeting, to consider pending SR–332 the Internet. calendar business. 10:00 a.m. SD–226 SD–366 Governmental Affairs Indian Affairs JULY 29 To continue hearings to examine certain Business meeting, to mark up S. 569, to matters with regard to the commit- 9:00 a.m. amend the Indian Child Welfare Act of tee’s special investigation on campaign Agriculture, Nutrition, and Forestry 1978 to provide for retention by an In- financing. To hold hearings to examine the effect of dian tribe of exclusive jurisdiction over SH–216 the Federal Agriculture Improvement child custody proceedings involing In- and Reform Act (P.L. 104-127) on price dian children and other related require- and income volatility, and the ments; to be followed by an oversight CANCELLATIONS properrole of the Federal government hearing on the Bureau of Indian Affairs to manage volatility and protect the Special Trustee’s strategic plan to re- JULY 23 integrity of agricultural markets. form the management of Indian trust SR–332 2:00 p.m. funds. 9:30 a.m. Judiciary SD–106 Energy and Natural Resources To resume hearings to review the FBI 10:00 a.m. To hold hearings on S. 967, to amend the crime laboratory. Alaska Native Claims Settlement Act Governmental Affairs SD–226 and the Alaska National Interest To resume hearings to examine certain matters with regard to the commit- Lands Conservation Act to benefit POSTPONEMENTS Alaska natives and rural residents, and tee’s special investigation on campaign S. 1015, to provide for the exchange of financing. lands within Admiralty Island National SH–216 JULY 22 Monument. 2:00 p.m. 10:00 a.m. SD–366 Energy and Natural Resources Judiciary 10:00 a.m. National Parks, Historic Preservation, and To hold hearings to examine federal anti- Governmental Affairs Recreation Subcommittee trust policy in the healthcare market- To resume hearings to examine certain To hold hearings to review the manage- place. matters with regard to the commit- ment and operations of concession pro- SD–226 Monday, July 21, 1997 Daily Digest Senate Kohl (for Bingaman) Amendment No. 937, to Chamber Action strike provisions prohibiting the use of appropriated Routine Proceedings, pages S7743–S7784 funds for the sole source procurement of energy con- Measures Introduced: Seven bills and one resolu- servation measures. Page S7763 tion were introduced, as follows: S. 1038–1044 and During consideration of this measure today, Senate S.J. Res. 35. Pages S7767±68 also took the following action: By unanimous-consent agreement, Amendment Measures Reported: Reports were made as follows: No. 921, agreed to on Thursday, July 17, 1997, was S. Res. 98, expressing the sense of the Senate re- modified. Pages S7764±65 garding the conditions for the United States becom- A unanimous-consent agreement was reached pro- ing a signatory to any international agreement on viding for further consideration of the bill and greenhouse gas emissions under the United Nations amendments pending thereto, on Tuesday, July 22, Framework Convention on Climate Change. (S. Rept. 1997, with final disposition to occur thereon. Page S7767 No. 105–54) Page S7783 Treasury/Postal Service Appropriations, 1998: VA/HUD Appropriations, 1998: Senate began Senate resumed consideration of S. 1023, making ap- consideration of S. 1034, making appropriations for propriations for the Treasury Department, United the Departments of Veterans Affairs and Housing States Postal Service, the Executive Office of the and Urban Development, and for sundry independ- President, and certain Independent Agencies, for the ent agencies, commissions, corporations, and offices fiscal year ending September 30, 1998, taking action for the fiscal year ending September 30, 1998. on further amendments proposed thereto, as follows: Pages S7752±63, S7765 Pages S7763±65, S7783 Senate will continue consideration of the bill on Adopted: Tuesday, July 22, 1997. Campbell (for Coverdell/Feinstein) Amendment No. 940, to provide that Federal employees con- Intelligence Authorizations—Conferees: Senate victed of certain bribery and drug-related crimes disagreed to the amendment of the House to S. 858, shall be separated from service. Page S7765 to authorize appropriations for fiscal year 1998 for Campbell (for Coverdell) Amendment No. 941, to intelligence and intelligence-related activities of the require a plan for the coordination and consolidation United States Government, the Community Manage- of the counterdrug intelligence centers and activities ment Account, and the Central Intelligence Agency of the United States. Page S7765 Retirement and Disability System, agreed to the re- Campbell (for Hatch) Modified Amendment No. quest of the House for a conference thereon, and the 942, to provide for a national media campaign fo- Chair appointed the following conferees: from the cused on preventing youth drug abuse. Page S7765 Select Committee on Intelligence: Senators Shelby, Hutchison Modified Amendment No. 943, to es- Chafee, Lugar, DeWine, Kyl, Inhofe, Hatch, Rob- tablish parity among the countries that are parties to erts, Allard, Coats, Kerrey, Glenn, Bryan, Graham, the North American Free Trade Agreement with re- Kerry, Baucus, Robb, Lautenberg, and Levin; and spect to the personal allowance for duty-free mer- from the Committee on Armed Services: Senator chandise purchased abroad by returning residents. Thurmond. Pages S7780±83 Pages S7764±65 Messages from the President: Senate received the Pending: following messages from the President of the United Campbell (for DeWine) Amendment No. 936, to States: prohibit the use of funds to pay for an abortion or Transmitting the report concerning the continu- pay for the administrative expenses in connection ation of most-favored-nation status for Mongolia; re- with certain health plans that provide coverage for ferred to the Committee on Finance. (PM–54). abortions. Page S7763 Page S7767 D788 July 21, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D789 Nominations Received: Senate received the follow- ing nominations: Committee Meetings Raymond C. Fisher, of California, to be Associate (Committees not listed did not meet) Attorney General. Bill Lann Lee, of California, to be an Assistant At- APPROPRIATIONS—INTERIOR torney General. Harold C. Pachios, of Maine, to be a Member of Committee on Appropriations: On Friday, July 18, Sub- the United States Advisory Commission on Public committee on Interior approved for full committee Diplomacy for a term expiring July 1, 1999. consideration, with amendments, H.R. 2107, mak- 1 Air Force nomination in the rank of general. ing appropriations for the Department of the Interior 1 Army nomination in the rank of general. and related agencies for the fiscal year ending Sep- 2 Marine Corps nominations in the rank of gen- tember 30, 1998. eral. Page S7784 ARMS CONTROL COMPLIANCE REVIEW Messages From the President Pages S7766±67 PROCESS Communications: Page S7767 Committee on Governmental Affairs: Subcommittee on Statements on Introduced Bills: Pages S7768±76 International Security, Proliferation, and Federal Services concluded hearings to examine the Depart- Additional Cosponsors: Pages S7776±77 ment of Defense arms control compliance review Notice of Hearings: Page S7777 process by which the United States determines Authority for Committees: Page S7777 whether its missile defense systems, including both Theater Missile Defense and National Missile De- Additional Statements: Pages S7777±80 fense, comply with the obligations of international Adjournment: Senate convened at 12 noon, and ad- agreements, including the Anti-Ballistic Missile journed at 5:53 p.m., until 9:45 a.m., on Tuesday, Treaty, after receiving testimony from Kent G. July 22, 1997. (For Senate’s program, see the re- Stansberry, Deputy Director, Arms Control Imple- marks of the Acting Majority Leader in today’s mentation and Compliance, Office of the Under Sec- Record on pages S7783–84.) retary of Defense for Acquisition and Technology. h House of Representatives H.R. 1944, to provide for a land exchange involv- Chamber Action ing the Warner Canyon Ski Area and other land in Bills Introduced: 1 public bill, H.R. 2204, and 1 the State of Oregon (H. Rept. 105–193); and resolution, H. Res. 191, were introduced. Page H5491 H.R. 1661, to implement the provisions of the Reports Filed: Reports were filed today as follows: Trademark Law Treaty, amended (H. Rept. H.R. 2203, making appropriations for energy and 105–194). Page H5491 water development for the fiscal year ending Septem- Speaker Pro Tempore: Read a letter from the ber 30, 1998 (H. Rept. 105–190); Speaker wherein he designated Representative Emer- H.R. 1127, to amend the Antiquities Act to re- son to act as Speaker pro tempore for today. quire an Act of Congress and the concurrence of the Page H5489 Governor and State legislature for the establishment Presidential Message—MFN For Mongolia: Read by the President of national monuments in excess of a message from the President wherein he transmitted 5,000 acres, amended (H. Rept. 105–191); his report concerning the most-favored-nation status H.R. 1663, to clarify the intent of the Congress for Mongolia—referred to the Committee on Ways in Public Law 93–632 to require the Secretary of and Means and ordered printed—H. Doc. 105–108. Agriculture to continue to provide for the mainte- Page H5490 nance of 18 concrete dams and weirs that were lo- Amendments: Amendments ordered printed pursu- cated in the Emigrant Wilderness at the time the ant to the rule appear on page H5491. wilderness area was designated as wilderness in that Quorum Calls—Votes: No quorum calls or re- Public Law, amended (H. Rept. 105–192); corded votes developed during the proceedings of the House today. D790 CONGRESSIONAL RECORD — DAILY DIGEST July 21, 1997 Adjournment: Met at 12 noon and adjourned at Full Committee, to hold hearings to examine U.S. for- 12:10 p.m. eign policy in the South Caucasus and Central Asia, 2 p.m., SD–419. Committee on Governmental Affairs, business meeting, to Committee Meetings consider certain immunity issues with regard to the spe- cial investigation on campaign financing, 10 a.m., No Committee meetings were held. SD–342. f Committee on the Judiciary, to hold hearings on pending judicial nominations, 2 p.m., SD–226. NEW PUBLIC LAWS Committee on Labor and Human Resources, to hold hear- ings to examine women’s health issues, 10 a.m., SD–430. (For last listing of Public Laws, see DAILY DIGEST, p. D701) Notice H.R. 173, to amend the Federal Property and Ad- ministrative Services Act of 1949 to authorize dona- For a listing of Senate Committee Meetings sched- tion of surplus Federal law enforcement canines to uled ahead, see pages E1460–61 in today’s Record. their handlers. Signed July 18, 1997. (P.L. 105–27) House H.R. 649, to amend sections of the Department Committee on Agriculture, Subcommittee on Forestry, Re- of Energy Organization Act that are obsolete or in- source Conservation, and Research, hearing on reauthor- consistent with other statutes and to repeal a related ization proposals in agricultural research, 9:30 a.m., 1300 section of the Federal Energy Administration Act of Longworth. 1974. Signed July 18, 1997. (P.L. 105–28) Committee on Appropriations, to mark up the following f appropriations for fiscal year 1998: Defense; Labor, Health and Human Services, and Education; and Com- COMMITTEE MEETINGS FOR TUESDAY, merce, Justice, State, and Judiciary, 9:30 a.m., 2359 Ray- JULY 22, 1997 burn. Subcommittee on Treasury, Postal Service, and General (Committee meetings are open unless otherwise indicated) Government, to mark up appropriations for fiscal year 1998, 5 p.m., H–140 Capitol. Senate Committee on Banking and Financial Services, Subcommit- Committee on Agriculture, Nutrition, and Forestry, to hold tee on Domestic and International Monetary Policy, hear- hearings to examine certain clean air issues with regard ing on the Conduct of Monetary Policy, 2 p.m., 2128 to agriculture, 9:30 a.m., SR–332. Rayburn. Committee on Appropriations, Subcommittee on Labor, Committee on Education and the Workforce, Subcommittee Health and Human Services, and Education, business on Postsecondary Education, Training and Life-Long meeting, to mark up proposed legislation making appro- Learning, to continue hearings on H.R. 6, Higher Edu- priations for the Departments of Labor, Health and cation Amendments of 1998, 9:30 a.m., 2175 Rayburn. Human Services, and Education, and related agencies for Committee on International Relations, to mark up H.R. the fiscal year ending September 30, 1998, 9 a.m., 695, Security and Freedom Through Encryption (SAFE) SD–192. Act, 3:30 p.m., 2127 Rayburn. Full Committee, business meeting, to mark up pro- Committee on the Judiciary, Subcommittee on the Con- posed legislation making appropriations for the Depart- stitution, hearing on H.J. Res. 78, proposing an amend- ment of Transportation and related agencies for the fiscal ment to the Constitution of the United States restoring year ending September 30, 1998, and H.R. 2107, mak- religious freedom, 9 a.m., 2141 Rayburn. ing appropriations for the Department of the Interior for Subcommittee on Crime, hearing on the following: the fiscal year ending September 30, 1998, 2:30 p.m., H.R. 218, Community Protection Act of 1997; H.R. SD–106. 339, to amend title 18, United States Code, to provide Committee on Banking, Housing, and Urban Affairs, to a national standard in accordance with which nonresidents hold hearings on the Federal Mass Transit Program, and of a State may carry certain concealed firearms in the proposed legislation to authorize funds programs of the State, and to exempt qualified current and former law en- Intermodel Surface Transportation Efficiency Act, 10 forcement officers from State laws prohibiting the carry- a.m., SD–538. ing of concealed handguns; and the Law Enforcement and Committee on Energy and Natural Resources, to hold hear- Community Protection Act of 1997, 1 p.m., 2237 Ray- ings to review the Department of the Interior’s handling burn. of the Ward Valley land conveyance, S. 964, proposed Committee on National Security, Subcommittee on Mili- War Valley Land Transfer Act, and related matters, 9 tary Readiness, hearing on the operation and maintenance a.m., SD–366. financial management, 2:00 p.m., 2212 Rayburn. Committee on Foreign Relations, to hold hearings on the Committee on Resources, Subcommittee on Forests and nomination of Stanley O. Roth, of Virginia, to be Assist- Forest Health, hearing on the following bills: H.R. 1309, ant Secretary of State for East Asian and Pacific Affairs, to provide for an exchange of lands within the city of 10 a.m., SD–419. Greeley, CO, and the Water Supply and Storage Co. to July 21, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D791 eliminate private inholdings in wilderness areas; and H.R. ‘‘Sam Nunn Federal Center’’; H.R. 643, to designate the 1843, Local Free Access Act, 2 p.m., 1334 Longworth. U.S. courthouse to be constructed at the corner of Supe- Subcommittee on National Parks and Public Lands, rior and Huron Roads, in Cleveland, OH, as the ‘‘Carl hearing on the following bills: H.R. 1635, to establish B. Stokes United States Courthouse’’; H.R. 824, to redes- within the United States National Park Service the Na- ignate the Federal building located at 717 Madison Place, tional Underground Railroad Network to Freedom Pro- NW., in the District of Columbia, as the ‘‘Howard T. gram; H.R. 755, to amend the Internal Revenue Code of Markey National Courts Building’’; H.R. 892, to redesig- 1986 to allow individuals to designate any portion of nate the Federal building located at 223 Sharkey Street their income tax overpayments, and to make other con- in Clarksdale, MS, as the ‘‘Aaron Henry United States tributions for the benefit of units of the National Park Post Office’’; H.R. 962, to redesignate a Federal building System; H.R. 1718, to provide for the conveyance of cer- in Suitland, MD, as the ‘‘W. Edwards Deming Federal tain lands in Wyoming to the County of Park, WY; and Building’’; H.R. 994, to designate the U.S. border station H.R. 708, to require the Secretary of the Interior to con- located in Pharr, TX, as the ‘‘Kika de la Garza United duct a study concerning grazing use of certain land with- States Border Station’’; H.R. 1479, to designate the Fed- in and adjacent to Grand Teton National Park, Wyoming eral building and U.S. courthouse located at 300 North- and to extend temporarily certain grazing privileges, 10 east First Avenue in Miami, FL, as the ‘‘David W. Dyer a.m., 1324 Longworth. Federal Courthouse’’; H.R. 1484, to redesignate the Dub- Committee on Rules, to consider H.R. 2003, Budget En- forcement Act of 1997, 5:30 p.m., H–313 Capitol. lin Federal courthouse building located in Dublin, GA, Committee on Science, Subcommittee on Technology, as the ‘‘J. Roy Rowland Federal Courthouse’’; H.R. 1502, hearing on the Prohibition of Federal Funding for Human to designate the U.S. courthouse located at 301 West Cloning Research, 2 p.m., 2318 Rayburn. Main Street in Benton, IL, as the ‘‘James L. Foreman Committee on Transportation and Infrastructure, Sub- United States Courthouse’’; H.R. 1804, to designate the committee on Public Grounds and Economic Develop- Federal building located at 210 Seminary Street in Flor- ment, to mark up the following: H.R. 29, to designate ence, AL, as the ‘‘John McKinley Federal Building’’; and the Federal building located at 290 Broadway in New H.R. 1851, to designate the U.S. courthouse located at York, NY, as the ‘‘Ronald H. Brown Federal Building’’; 200 South Washington Street in Alexandria, VA, as the H.R. 81, to designate the U.S. courthouse located at 401 ‘‘Martin V.B. Bostetter, Jr., U.S. Courthouse’’; H. Con. South Michigan Street in South Bend, IN, as the ‘‘Robert Res. 98, authorizing the use of the Capitol grounds for K. Rodibaugh United States Bankruptcy Courthouse’’; the Safe Kids Buckle Up Car Seat Safety Check; mis- H.R. 548, to designate the U.S. courthouse located at cellaneous pending prospectuses; and 11–b resolutions, 3 500 Pearl Street in New York City, NY, as the ‘‘Ted p.m., 2253 Rayburn. Weiss United States Courthouse’’; H.R. 595, to designate Committee on Ways and Means, Subcommittee on Trade, the Federal building and U.S. courthouse located at 475 hearing on Free Trade Area of the Americas, 10 a.m., Mulberry Street in Macon, GA, as the ‘‘William Augus- 1100 Longworth. tus Bootle Federal Building and United States Court- Permanent Select Committee on Intelligence, executive, brief- house’’; H.R. 613, to designate the Federal building lo- ing on information operations, 2:00 p.m., H–405 U.S. cated at 100 Alabama Street NW, in Atlanta, GA, as the Capitol. D792 CONGRESSIONAL RECORD — DAILY DIGEST July 21, 1997

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:45 a.m., Tuesday, July 22 12:30 p.m., Tuesday, July 22

Senate Chamber House Chamber Program for Tuesday: Senate will resume consideration Program for Tuesday: Consideration of 9 measures of S. 1023, Treasury/Postal Service Appropriations, 1998, under Suspension of the Rules: with a vote on final passage to occur thereon, and resume 1. H.R. 765, Shackleford Banks Wild Horses Protec- consideration of S. 1034, VA/HUD Appropriations, tion Act; 1998. 2. H.R. 1663, Providing for the Maintenance of Dams (Senate will recess from 12:30 p.m. until 2:15 p.m. for re- and Weirs in the Emigrant Wilderness; spective party conferences.) 3. H.R. 1944, Warner Canyon Ski Hill Land Exchange Act of 1997; 4. H.R. 1661, Trademark Law Treaty Implementation Act; 5. H. Con. Res. 81, Resolution Regarding Cyprus; 6. H. Res. 175, Resolution Regarding the Congo; 7. H. Con. Res. 88, Resolution Regarding El Salvador; 8. H. Con. Res. 99, Resolution Regarding Sierra Leone; and 9. H.R. 1585, Stamp Out Breast Cancer Act. Complete consideration of H.R. 1853, Carl D. Perkins Vocational-Technical Education Act (open rule); and Complete consideration of H.R. 2160, Agriculture, Rural Development, Food and Drug Administration and Related Agencies Appropriations Act for Fiscal Year 1998 (open rule). No recorded votes are expected before 5:00 p.m.

Extensions of Remarks, as inserted in this issue

HOUSE

Bonior, David E., Mich., E1459 Solomon, Gerald B.H., N.Y., E1459

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